Professional Documents
Culture Documents
1.1.1 Definitions
Wherever the term "Employer", "Architect", "Superintending Officer (S.O.)", "Engineer", "Quantity
Surveyor" appear in the Tender Documents, those terms refer to the same parties as defined below: -
The names of the parties to be inserted in the Articles of Agreement shall be as follows :-
A) The scope of works INCLUDED in this Contract, hereinafter referred to as “the Works”, comprise of
the execution and completion of the following work: -
1) Soft Landscape Works
2) Final Grading work
3) To supply, deliver and plant the plant materials indicated in the drawings or other parts of
these documents including excavation of planting pits, carting off excess and dispose off site
to contractor own dumping ground, handling, setting and planting with a minimum of 50mm
thk. Coco fiber mulching and watering to ensure survival as directed by the L.A/S.O.
4) Twenty- Four (24) months maintenance of all completed works
5) Other Softscape Works indicated in the drawings or other parts of these documents as
forming part of the Works.
The site is located on part of Lots 1557, 1826, 1829, 2457 & 2466, Mukim 6, Seberang Perai Utara,
Pulau Pinang.
1.2.1 Generally
A) Wherever the terms “Tender”, “Tenderer” and “Tender Document” are used, these terms shall be held
to mean “Contract”, “Contractor” and “Contract Document” after the acceptance of the Tender.
B) Words importing the singular only also the plural and vice versa. Similarly, words importing the
masculine gender include the feminine or neuter genders and vice versa.
C) All the items contained herein shall apply to the whole of the Works. The headings of the clauses shall
not affect the interpretation thereof.
D) The term “approved”, “selected” or “directed” whenever used in the Tender Documents shall mean
approved, selected or directed by the Architect/Superintending Officer (S.O.).
E) Where any items or portions of the Tender Document are either unpriced or have dashes or other
suitable marks placed against them by the Tenderer, it shall be deemed that such prices have been
included in the rates of other items.
As this is generally a Fixed Price Contract which shall not be subjected to fluctuation, no claims
whatsoever shall be allowed for any variation in the cost of wages, materials, constructional plant, fuel,
duty, tax, amendments to existing legislation or subsequent enactment, temporary works or transport or
otherwise however which may occur during the period of the Contract. All rates and sums contained in
the Tender Document will be deemed to include for such provision.
A) The Contractor shall, as a condition precedent to the commencement of any work under his Contract, in
any case not more than thirty (30) Days from the date of his notification of the awarded contract,
provide an irrevocable Performance Bond equivalent to five percent (5%) of the Contract Sum for the
due performance of the Contract in a form of Bank Guarantee. A sample of the approved form for Bank
Guarantee for Performance Bond is included under the Appendix D – Bank Guarantee Form for
Performance Bond (Works) of this document for further reference.
C) If the Contractor fails to submit the abovementioned guarantee at the execution of this Contract or fails
to continue to cover for any extended completion time after 14 Days from the date of notice to do so
from the Architect/S.O., cash security equivalent to 5% of the Contract Sum, shall be retained from any
monies due, or to become due, to the Contractor until such time that the abovementioned guarantee is
submitted by the Contractor.
D) The Performance Bond submitted by the Contractor shall remain valid until the expiry of three (3)
Months after the date of Certificate of Making Good Defects. If the Certificate of Making Good Defects
has not been issued three (3) Months prior to the expiry date of the Performance Bond, the Contractor
shall forthwith extend the validity of the Performance Bond for a further period of six (6) Months after
the expiry date of the Performance Bond or to such date as may be stipulated by the Architect. Such
extended or fresh Performance Bond shall be submitted by the Contractor to the Employer no later than
one (1) Month prior to the expiry of Performance Bond.
E) Without prejudice to any other rights the Employer may possess, the amount of the Performance Bond
will be utilized to off-set any additional cost or expenditure incurred by the Employer in obtaining
another Contractor to complete the Works, in the event of the Contractor’s failure to perform the
Contract due to bankruptcy or the Contractor commits any breach of his obligations under this Contract
or for any other reason.
F) The Performance Bond (or any balance thereof remaining for the credit of the Contractor) shall be
released or refunded to the Contractor within three (3) Months after the date of Certificate of Making
Good Defects.
The Contractor is to refer to the Instruction to Tenderers against which the Contractor is to provide any
sum he considers necessary in complying therewith, which is not otherwise provided for in these
Preliminaries.
Item 1 General
Item 2 Tender Table Documents
Item 3 Obscurity of Meaning
Item 4 Failure to Communicate Notice of Discrepancy, Obscurity of Meaning
Item 5 Oral Interpretation
Item 6 Method of Billing
Item 7 Units of Measurement
Item 8 Pricing of Summary of Tender And Bills of Quantities
Item 9 Submission of Tenders
Item 10 Extension of Tender Validity Period
Item 11 Earnest Money
Item 12 Examination of Breakdown of Lump Sum Tenders
Item 13 Rationalisation and Mathematical Errors
Item 14 Mock-up Units
Item 15 Star Rates
Item 16 Tender/Alternative Tenders
Item 17 Consultant’s Certification
A) The Form of Contract to be used shall be the Agreement and Conditions of PAM Contract 2018 (With
Quantities) published by Pertubuhan Akitek Malaysia with the various amplifications notes and
amendments included under the relevant sections.
B) The following is a schedule of the clause headings in the Form of Contract and additional amplications
to the relevant clauses / amended clauses. The Tenderer is to allow here or elsewhere in the Tender
Document for all costs and expenses involved in complying with the Conditions of Contract including
the notes of amendments, amplifications, addendum etc as stated below and in other relevant sections of
the Tender Documents.
1.4.2 Articles of Agreement.
i) The Contractor shall check the accuracy of the existing site features against those
shown on the drawing. In case of any discrepancies, he shall immediately notify
the Architect/S.O.
i) The Contractor shall bear the cost for additional copies of documents required by
him over and above the number of free copies stipulated in this Clause.
i) The Contractor shall give all requisite notices to the Local Authority and all other
relevant Authorities and conform in all aspects to their requirements, obtain all
licenses and pay all charges and fees for carrying out the Works.
i) Allow for providing all necessary labour, rods, pegs, instruments, etc. required for
checking of levels and setting out the whole of the Works, also all labour and
attendance required by the Architect/S.O. for checking this Work throughout the
Contract period.
ii) Establish bench marks approved by the Architect/S.O. and must be tied up to an
existing Government benchmark.
iii) Check and confirm actual boundaries of site (where they relate to this Contract)
including and not limited to carrying out boundary survey by a Licensed Surveyor,
and agree with the same with relevant Local Authorities. Form and leave
permanent markers (of a type to be approved by the Architect/S.O) indicating the
actual confines of the site.
iv) Settlement checking shall be carried out every two (2) floors with minimum of 5
monitoring points per floor. Verticality checks shall be carried out every three (3)
floors with minimum 5 monitoring points per floor. All settlement and verticality
check reports to be submitted to the Architect/S.O. for checking and approval.
v) Allow for engaging a Licensed Surveyor to perform the survey work in (ii), (iii)
and (iv) above, including paying all fees and expenses.
vi) The Contractor will be responsible for the accuracy of locating and positioning
each column position. Any error in setting out and any consequential loss to the
Employer shall be made good at the Contractor’s expense to the satisfaction of the
Architect/S.O.
vii) Any assistance given by the Architect/S.O. in setting out shall not relieve the
Contractor of his responsibility to set out the Works accurately.
Clause 6.0 Materials, Goods and Workmanship to Conform to Description, Testing and Inspection
Clause 12.0 Contract Bills and Quality & Quantity of the Works
i) Where departures have been made from the Standard Method of Measurements
(the current edition), the method adopted in the Bills will be adhered to for the
purpose of ascertaining the value of all variations.
ii) Where the quantities of the Works or any part thereof are stated as
“PROVISIONAL” in the Summary of Tender / Bills of Quantities, such quantities
are the estimated quantities of the Work and they are not to be taken as the actual
and correct quantities of the Works to be executed by the Contractor in fulfilment
of his obligations under the contract. The amount to be paid to the Contractor in
respect of the said works shall be ascertained by remeasurement and valuation of
the Works as they are actually executed in accordance with Clause 11.0 of the
Conditions of Contract.
Clause 12.0 Contract Bills and Quality & Quantity of the Works (Cont’d)
iii) No limit shall be placed on the quantum between Provisional and Remeasured
quantities in this Contract (i.e. the difference between the two quantities can be
any percentage). The Contractor shall not be entitled to any extra payment or
enhanced rates solely on the ground that the remeasured quantities differ from
those in the Summary of Tender / Bills of Quantities.
iv) The value of work or sums included in this document which are described as
Provisional Sum will be omitted from the Contract Sum and the value of the
remeasured work or cost of the item of expenditure, assessed in accordance with
the provisions of Clause 11.0, will be added in lieu in the settlement of accounts.
i) The Architect/S.O. may require the Contractor to take immediate action to rectify
any defects, shrinkage or other faults where the safety of occupants or property is
threatened. Upon receipt of notice indicating immediate action is required, the
Contractor shall carry out all rectification works as per the provisions of Sub-
Clause 15.3 with the exception of the compliance period.
ii) On completion of the Works, the Contractor shall be required to submit to the
Architect/S.O. a copy of Appendix C – Contractor Certification of Completion
Work duly endorsed. This shall be a pre-condition for the issuance of the
Certificate of Practical Completion.
Clause 18.0 Injury to Persons Or Loss And/Or Damage of Property And Indemnity To Employer
Clause 19.0 Insurances Against Injury to Persons And Loss And/Or Damage of Property
i) The insurance shall be in the joint name of the Employer and the Contractor and is
to cover their Sub-Contractors, whether nominated or otherwise.
iv) All the insurance requirements / coverage stipulated above or elsewhere in the
Contract Documents shall be the minimum coverage required. The Contractor is to
consult an insurance agent / broker / company to ensure adequate coverage
required for this Contract is obtained.
v) All insurance policies shall include coverage of maintenance / repair work during
the defects and liability period and overall shall be endorsed to cover up to 3
months after the expiry of the Defects Liability Period.
vi) The Contractor shall be fully responsible for all excesses/deductibles imposed by
the Insurance Company and shall indemnify the Employer of all such sums.
i) The additional value to be included for Professional Fees shall be the percentage
stipulated in the Appendix of the Addendum to Agreement and Conditions of
Building Contract.
iii) The value of the sum insured shall include additional sum cover for “Removal of
Debris” of RMXXXX (To be based on SOP).
iv) Endorsement shall be made to cover for constructional equipment belonging to the
Contractor,
vi) All insurance policies shall include coverage of maintenance / repair work during
the defects and liability period and overall shall be endorsed to cover up to 3
Months after the expiry of the Defects Liability Period.
vii) The Contractor shall be fully responsible for all excesses/deductibles imposed by
the Insurance Company and shall indemnify the Employer of all such sums.
i) The Contractor shall, whenever the Architect/S.O. postpone the Works or any part
hereof, properly protect and secure the Works so far as, in the opinion of the
Architect/S.O., is necessary.
ii) The loss and expenses incurred by the Contractor in giving effect to the
Architect/S.O.’s instruction under this Clause shall be borne and paid by the
Employer unless such postponement is:
a) necessary for the proper execution of the Works or by reason of weather
conditions affecting the safety or quality of the Works or by some default on
the part of the Contractor, or
b) the safety of the Works or any part thereof or the safety of adjacent
buildings or properties is affected by the execution of the Works.
ii) The progress claim statement, details and particulars is to be submitted not more
than seven (7) Days before the anticipated dates for site valuation.
iii) No interest will be paid by the Employer on any sums of money retained by him or
on any sums of money claimed by the Contractor in respect of Variations.
v) “Materials and goods” shall mean materials and goods that will be incorporated into the
Works excluding all formwork material and material for other temporary work unless
otherwise authorised by the Architect/S.O. Only 75% of the value of materials and goods
on site or adjacent to site, other than those supplied by Nominated Suppliers, shall be
included in the Interim Certificates. The value of materials and goods supplied by
Nominated Suppliers shall be included in full.
vi) All claims of material on site must be accompanied by a “Inspection Form for Claim of
Material on Site” (Appendix K), endorsed by the QA/QC representative of the Employer
indicating the materials meet the standards required for quality, specification, testing and
storage. Materials not having such endorsement shall not be included in payment.
A) The Contract shall be deemed to be a Malaysian Contract and shall accordingly be governed by and
construed according to the laws for the time being in force in Malaysia, and the Malaysian Courts shall
have exclusive jurisdiction to hear and determine all actions and proceedings arising out of the
Malaysian Courts for the purpose of any such actions and proceedings.
B) The Contractor binds himself to acknowledge and accept as final in all respects within the country of
domicile of the Contractor or elsewhere any decision or award of an arbitrator or judgement in any
Malaysian court in relation to any dispute between the parties under the Contract whether in respect of
payments to be made hereunder or in other matters. This undertaking is valid in all respects in case any
such decision, award or judgement is to be enforced in the court of the country of domicile of the
Contractor or elsewhere in any manner.
1.5 SITE REQUIREMENTS
A) The Contractor shall before tendering, visit the site of the proposed works and shall ascertain for
himself the following: -
i) the nature, character and conditions of the site and the subsoil, upon which the works are
to be carried out,
ii) local conditions,
iii) tidal flood and local drainage problem,
iv) the extent of working space available,
v) conditions affecting labour and materials, the storage of materials, positioning of sheds,
stores, site offices and plant,
vi) the location of existing services,
vii) the nearest point from which electricity and water can be connected and
viii) any other information necessary for computing the tenders.
B) Any claims on the grounds of lack of knowledge of any aforesaid matter will not be considered.
1.5.2 Site Inspection and Site Survey
A) Immediately upon taking possession of the site, and before commencing any work, the Contractor shall
check actual levels and dimensions against those shown on the drawings and immediately inform the
Architect/S.O. in the event of any alleged discrepancy.
B) If no communication has reached the Architect/S.O., the Contractor shall be deemed to have accepted
all levels and dimensions and no claims for extra payments in this connection will be entertained. A
variation of 300mm from the design platform shall be allowed and no claims to this regard shall be
entertain.
C) The Contractor shall engage the services of an approved licensed Land Surveyor to carry out a title
survey before work commences, verify piles and columns setting out position (if any) including
informing the Architect/S.O. of any discrepancies, establish the lot boundaries and set out the works as
required by the Architect/S.O. Setting out shall be taken from the nearest Government TBM.
D) Immediately upon completion of the works the Contractor is to employ an approved Licensed Land
Surveyor to carry out a site survey and produce as-built drawings showing the formation levels, position
of the Works upon completion etc. The drawings are to be submitted to the Architect/S.O. for
verification.
A) Prior to the commencement of any works under this Contract, the Contractor shall arrange for a joint
inspection of the neighbouring properties with their owners, representative(s) of the Employer,
Architect/S.O., and the Insurance Company from which the relevant insurance policies are taken.
Photographs shall be taken of walls, floor slabs, aprons, etc., and notes of their condition shall be made.
Dated copies of these shall be extended to all parties concerned.
B) The Contractor should request the owners of neighbouring buildings to check and endorse the copies as
being true and accurate description of their present condition. During the progress of the Works, the
Contractor shall arrange for regular joint inspections with the owner of the neighbouring and adjoining
properties.
C) Should there be any danger of possible damage to adjacent buildings, or structures due to the building
operations, excavation works or the methods of construction adopted, the Contractor must arrange with
the neighbouring owners and obtain their agreement on the measures he would adopt to shore up,
underpin, support and make safe such adjacent properties. It shall be the Contractor's responsibility to
make constant checks on the structural soundness of neighbouring properties and to take necessary
protective measures.
D) Any damages or other disturbances caused to the adjoining buildings, structures, properties etc as a
result of the commissioning of the Works shall be the sole responsibility of the Contractor who will
have to make good all such damages to the satisfaction of the adjoining owners and pay for any
compensation claimed at his own cost. He will be liable for and shall indemnify the Employer in respect
of any claim or proceedings arising out of negligence in taking reasonable care to avoid damage to
adjoining properties when carrying out the Works.
A) Adhere strictly to the access and egress points shown on the drawings or other such access and egress
points approved by the Local Authorities.
B) Share the access and egress points with other Contractors working on the same site. No claims will be
entertained in respect of any inconvenience or hindrance met by the Contractor due to the sharing of the
access and egress points with other Contractors.
C) Provide and maintain all temporary access tracks, bridges, culverts, ramps, etc. for the proper execution
of the Works and remove same and leave the site tidy on completion.
A) Provide for all on and off site management and supervision including Site Agent and all necessary
clerical and supporting personnel. The Contractor shall list the initial group of staff, including
management and supervision team to be allocated for this project in Appendix G – List of Personnel.
None of the above personnel may be changed without giving the Architect/S.O. one Month written
notice.
B) Submit within two Weeks of the notification of acceptance of the tender, a list of site management
personnel together with their resume who will be directly involved and responsible for this project. The
site management personnel shall not be change without prior approval from the Architect/S.O.
C) Once agreed upon, the number of staff is to be maintained throughout the duration of the project.
Should any of the staff be taken out from the project or resign, the equivalent experienced staff must be
replaced within a Month. If the Contractor fails to replace this staff, the Employer is at liberty to source
for a similar experienced staff and to allow the consultant to appoint a similar experienced staff to take
over. The cost of this replacement staff shall be at the Contractor’s expense.
A) The Contractor shall employ a Site Agent who will provide all necessary superintendence over the
whole site operation for the full duration of the Contract and as long thereafter as the Architect/S.O.
may consider necessary for the proper fulfilment of the Contractor's obligations under the Contract.
B) The Site Agent shall be competent in the English Language having a comprehensive relevant on-site
experience and to be approved by the Architect/S.O. He shall have an aptitude for organising and
controlling men, be able to think quickly and decisively, adhere to the Health, Safety and Environment
(HSE) Requirements and deal courteously and tactfully with other members of the building team. He
shall be constantly on the Works and shall devote his whole time to the superintendence of same.
C) Should the Architect/S.O. find the Site Agent unsuitable for any reason whatsoever, the Contractor shall
as soon as practical after receiving such written notice from the Architect/S.O., remove the Site Agent
from the site and shall thereafter employ another to the approval of the Architect/S.O.
A) The Contractor shall constantly provide adequate site supervisory and administrative staff for the proper
execution of the Works. Such person shall be careful, skilled and experienced in several trades and
callings.
B) The Contractor's site staff must be on site during working hours, working beyond normal working hours
and whenever necessary.
C) Another person shall be designate as the HSE Officer and HSE Supervisor shall be responsible for the
health and safety aspects of all activities. He shall possess qualifications recognised by Department of
Occupational Safety and Health (DOSH) Malaysia.
E) The Architect/S.O. reserves the right to direct the Contractor to increase his site staff or to obtain better
staff and should the Contractor fail to comply with the Architect/S.O.'s instructions in this regard, the
Architect/S.O. may deduct salaries of such site staff from the monies which may be due to the
Contractor.
F) The Contractor shall provide all necessary clerical and supporting personnel.
1.5.8 Site Management and Supervision - Contractor's Technical Support to Employer’s Technical
Project Team
A) The Contractor shall provide full-time qualified personnel referred herein as "Project Co-ordinator" to
proactively resolve site problems and to provide possible solutions including sketch drawings and other
necessary information for the Architect/S.O. and Employer's consideration and approval with respect to
works carried out by the Nominated Sub-Contractors and Suppliers. The term of appointment and
qualifications of the Project Co-ordinator shall be the same as spelt out for the Site Agent.
B) The Contractor shall provide all necessary clerical, supporting staff and all on and off site management
support to his Project Co-ordinator to carry out his duties.
C) The Contractor is also contracted to provide full technical backup and support in the preparation of shop
drawings, identification and submission of resolution proposals of all types for engineering problems
and conduct their own technical meetings together with the specialists and Nominated Sub-Contractors
to jointly resolve engineering / construction problems as they arise during the currency of the Contract.
Approximate costings shall be tabled together with proposed solutions to the problems.
A) The Contractor is to allow for working at night, on Saturdays, Sundays and on Public Holidays if
deemed necessary (subject to the written permission of the Architect/S.O.), making adequate security
arrangements and indemnifying the Employer against any claims by third parties caused by working
outside normal working hours. No claims for extra remuneration on account of working outside normal
working hours shall be entertained.
B) The Contractor shall note that the Consultants' site representatives and the Clerk of Work or
Supervisory staff normal working hours are from 8.00 a.m. to 6.00 p.m. (Monday to Friday).
C) Saturdays, Sundays and Public Holidays are not working Days. If the Contractor's work requires the
supervision of the Clerk of Work or Supervisory staff outside the aforesaid normal working hours then
all the overtime supervision cost incurred by the Clerk of Work / Supervisory staff shall be borne by the
Contractor.
D) If in the opinion of the Architect/S.O. the progress of the Works is behind schedule, the Architect/S.O.
shall have the right to instruct the Contractor to increase his plant and labour force and / or to continue
work beyond normal working hours, including night work, in order to maintain the progress of the work
to his satisfaction. The Contractor shall bear the extra cost for complying with the Architect/S.O.'s
Instruction to perform such work necessary to adhere to the agreed Works Programme and no claim for
extra payment for additional labour or for working beyond normal working hours will be entertained.
E) The Contractor should be aware and allow here for complying with the Statutory Limitation of overtime
work, Statutory Prohibition of lorries entering the city during specific times, the possible imposition of
Area Licensing in Kuala Lumpur (or other cities), no works between the hours of six in the evening and
six in the following morning except in the event of reinstatement of damaged works or works necessary
for safety reasons and therefore, should have allowed for this when nominating his completion period
and make due allowances for same when preparing his works programme / critical path programme.
F) In no case shall any night work be allowed without the written permission of the Architect/S.O.
1.5.10 Labour-On-Costs
B) Comply with all Safety, Health and Welfare Regulations pertaining to all workmen employed on the
site.
A) Provide all necessary plant for the proper execution of the Works such as:
(i) Mechanical plant and vehicles
(ii) Non-mechanical plant
The Contractor shall list in Appendix H – List of Plant and Machinery, the plants he intend to
allocate and deploy for this project.
B) Particular attention is to be given to the use of proper and modern plant and other labour and time
saving devices to ensure that the Works will be carried out expeditiously.
C) Obtain the written approval and certificates from the relevant Authorities for all mechanical plant used
on site and shall ensure that the validity of such certificates is maintained throughout the period of use.
Copies of all such certificates shall be submitted to the Architect/S.O.
D) Provide the Architect/S.O. from time to time with up-to-date lists of all the mechanical plant on Site.
A) Provide and maintain all necessary temporary scaffolding and staging together with planks, battens, cat-
walks, gangways, ladders, etc., and pay all costs and charges in connection therewith.
B) The scaffolding and the temporary work shall comply with the requirement of M.S. 1462 and other
codes as may be required by the relevant Authorities.
C) The Contractor shall liaise with all Nominated Sub-Contractors and Local Authorities to ensure that all
their works requiring the use of scaffolding are completed before dismantling the same. If the
Contractor strikes any of his scaffolding prematurely and any Nominated Sub-Contractor or Local
Authorities subsequently requires it, he shall re-erect it at his own expense.
A) The Contractor shall ascertain the exact positions of existing cables, pipes, ducts, sewers, service mains
and the like, under or over the site and shall uphold, protect and maintain the same during the works
and make good or pay for making good all damage thereto and any consequential damage or loss
arising out of such damage.
B) Before the Contractor submit his tender to the Employer for consideration, he should have inquired
from the various Authorities whether any overhead and underground pipes, cables, etc. (including
existing Telekom's overhead microwave beams, etc.) are present on the site and if so, he should have
made the necessary allowances for their disconnection, removal, diversion and reconnection when
nominating his completion period and this should also be indicated when preparing his work
programme / critical path programme.
C) If the services have to be temporarily terminated or diverted, the Contractor shall give the necessary
notices to the appropriate Authorities and arrange for the work to be carried out and pay all charges in
connection therewith.
A) The Contractor shall construct a reinforced concrete wash trough (Based on project requirement)
and employ workmen to ensure that the tyres of lorries / vehicles are washed before allowing them on to
public roads. Details of the wash trough shall be as per the drawings (Refer to Appendix ‘B’ – List of
Drawings). The Contractor shall also allow for breaking up and removal of the wash trough on
completion of all the Works including making good the affected area.
B) There are existing access roads to the proposed site. The Contractor is to allow for daily cleaning of the
existing access road to the Local Authorities' requirements.
C) The Contractor shall maintain in good conditions, and make good all damage done to the existing
access roads as and when instructed by the Architect/S.O.
D) The Contractor shall divert as required, all drains and other waterways encountered during the progress
of the Works. Where such diversions are temporary, the Contractor shall subsequently reinstate to the
approval of the Architect/S.O.
E) The Contractor shall be responsible for any damage to existing roads, kerbs, drains, crossings, culverts,
etc. caused by his workmen, vehicle or plant or that of Nominated Sub-Contractors and Nominated
Suppliers approaching or leaving the Site and to maintain, repair and reinstate the aforesaid to their
original condition to the satisfaction of the Architect/S.O. or alternatively to bear the cost of such
maintenance and restoration as a deduction from any money due to or become due to the Contractor
under this Contract.
F) The Contractor shall verify with the Authorities whether any restrictions exist on the free passage at any
time on vehicles, plant or his workmen approaching or leaving the site, and shall provide against any
limitation of such free passage. He shall also allow for parking fees, if any, levied by the Authorities in
and around the vicinity of the works.
G) The Contractor shall allow for all necessary hosing down, clearing any droppings deposited on any
public roads or highways. He shall also be responsible to keep roads immediately adjacent to the site
free from mud, dirt or rubbish arising out of or in the course of or by reason of the execution the works.
1.5.15 Protection of Operatives, Site and Supervisory Staff, Member of the Public, Existing Adjoining
Buildings, etc
A) Provide, erect and maintain adequate temporary hard barricades, warning signs and lights for the
protection of the public at all closures, detours and points of danger where the work occurs outside the
hoarding area, all necessary temporary structures, planked footways, guard rails, gantries, chutes,
screens, tarpaulins, dust sheets, notices and the like.
B) The Contractor shall allow for the provision, maintenance, alteration as necessary due to the progress of
the Works and clearing away of all requisite shoring, needling, strutting and other supports, fans,
screens, etc. for the protection of operatives, site and supervisory staff, members of the public, existing
adjoining buildings, etc.
C) He shall construct and maintain them to the entire satisfaction of the Architect/S.O. and Local
Authorities and pay all fees and charges in connection therewith.
The Contractor shall cover up as necessary and take all reasonable precautions to prevent loss or
damage by weather, accident or any other cause to the Works or any part thereof including the work of
Nominated Sub-Contractors.
A) The Contractor shall be responsible for providing fire prevention and fire fighting facilities on the site.
He shall, on taking over the site, seek the assistance of the local fire brigade in appraising fire hazards
and devising adequate precautions and equipment.
B) The Contractor shall, as part of the site fire prevention and fire fighting facilities, institute the following
measures: -
i) Keep entrances, gangways, staircases, hydrants or other water supply clear and in partly
completed buildings, ensure that stacked materials do not impede access to upper floors.
ii) Provide separate metal containers for each form of flammable waste and organise regular
collection and disposal.
iii) Make daily fire inspection, once in the morning and the other just as work is finishing for the
day, to make sure that stores are locked, windows are closed, no lit cigarette ends are left about
in any of the temporary buildings and all gas cylinders and flammable liquid have been returned
to the store. Open fires and burning of rubbish is not permitted on site.
iv) Install a suitable fire alarm system such as an audible warning system, with a clear distinctive
note, to warn all personnel and to summon assistance in fighting the fire until the fire brigade
arrives.
v) Provide suitable fire extinguishers adjacent to all torch cutting and electric welding operations.
A) The Contractor shall construct proper silt traps or carry out other measures to effectively prevent the
movement of any silt or other eroded materials and debris from the construction area into rivers,
watercourse, creeks, drains and adjoining land. Details of the silt traps shall be as per the drawings
(Refer to Appendix ‘B’ – List of Drawings). The Contractor shall also allow for breaking up and
removal of the silt trap on completion of all the Works including making good the affected area. (Based
on project requirement)
B) The Contractor shall take such measures as the Architect/S.O. may require to prevent the entry of
spillage from concrete mixing operations, oils, or other deleterious materials into any new or existing
drainage system or natural watercourse. Such measures may include desilting existing drains.
Nevertheless, should any drainage system or watercourse be fouled by such materials the Contractor
shall clean out the drainage system or watercourse at his own expense to the satisfaction of the
Architect/S.O.
A) The Contractor shall be held solely responsible for sufficiency of the precautions taken by him to
preserve earth slopes and shall be liable for and shall indemnify Employer in respect of any claims or
proceedings arising of his negligence of this Clause.
B) He shall construct adequate temporary watercourses and drains and take other necessary steps to
prevent slips from occurring. Should slips occur due to the Contractor's negligence to take necessary
precautions to preserve the earth slopes, he shall, at his own expense, make good such slips to the entire
satisfaction of the Architect/S.O.
C) The Contractor shall make daily inspections of the earth slopes and more often if he deems it necessary
or if so instructed by the Architect/S.O. He shall record the results of his inspections in the Site Book. In
the event of slips occurring or in the opinion of the Contractor, may possibly occur, the Contractor shall
immediately report to the Architect/S.O. who shall give the necessary instructions to the Contractor.
D) The Contractor shall take all necessary precautions to preserve all earth slopes both existing, i.e. slopes
already existing on the site at the same time of the site being handed over to the Contractor, and new,
i.e. slopes formed and constructed by the Contractor, under the Contract.
A) Provide all necessary watching and lighting for the security of the Works, and employ sufficient number
of watchman for round the clock duties for the full duration of the Contract. Provide and maintain
shelters for watchman or security guards and remove on completion of the Works.
B) The Contractor shall be solely responsible for the safety of all material and goods, including sub-
contractor's materials and all materials supplied by the Employer.
C) The Contractor shall indemnify the Employer for whatever loss due to theft or vandalism.
A) Before commencing the works the Contractor shall submit for the approval of the Architect/S.O., a
sufficiently detailed works programme showing the order or sequence in which he proposes to carry out
the Works, and the best of his knowledge, the anticipated times for completion of work including that
covered by Prime Costs and Provisional Sums (as per the requirement of Sub Clause 3.4 of the
Conditions of Contract). It will only be revised thereafter as necessary as further information becomes
available, but the Contractor shall not depart from the approved programme and will be responsible for
the satisfactory progress and completion of the Works in accordance with the Conditions of Contract. In
addition the Contractor is required to give details of all labour, plant, tools and vehicles that he intends
to employ on the Works.
B) One additional copy shall be retained at the site office and the progress of the Works constantly
monitored and updated thereon by the Contractor. The programme shall be updated or re-drafted
without delay if any circumstances arise which affect the progress of the Works, and any revisions
submitted to the Architect/S.O.
A) The Contractor shall attend all site meetings to be called by the Engineer/S.O. at which a senior member
of his staff and the site agent will attend to bring about the proper management and full co-ordination of
the Contract as well as to check the progress of Works and resolve any problems. The Contractor shall
inform Nominated Sub-Contractors when their presence at the meeting is required.
B) The Contractor shall conduct HSE Committee meeting minimum once a Month at which a senior
member of his staff will become the chairman and the committee will bring out any HSE issues on site.
The HSE committee meeting shall be conducted as required by OSHA Act 1994 Section 30 (1).
A) Submit within the first Week of every Month to the Architect/S.O. a monthly progress report indicating
individual component progress made in the preceding Month. Such reports shall show cumulative
progress towards scheduled completion, expressed as a percentage, of all items shown in the approved
works programme and shall also include a summary of the progress achieved through every phase of the
Contract.
B) Reports shall relate to key milestones date achievement and indicate the degree of criticality on each
activity. Any delays or potential delays shall be clearly identified and a statement given as to the
measures to be taken to maintain the key dates.
C) Prepare also weekly summary reports covering all the site activities (number of workmen employed,
materials delivered, the extent and type of plant employed, weather conditions, etc.) and submit it to the
Architect/S.O. This report shall include projected work activities for at least two (2) Weeks ahead of
those being reported upon, data on labour strength and equipment employed.
D) The monthly progress report and weekly summary report shall be in a format approved by the
Architect/S.O.
Allow for providing progress photographs of the Work. Set of ten (10) 3R size coloured prints showing
different views of the Works shall be taken (by a competent professional photographer) monthly during
the currency of the Contract and a set of each shall be supplied to the Employer, S.O., Project Manager,
Structural Engineer, Quantity Surveyor and M&E Engineer.
A) The Contractor shall provide and maintain a site office for supervisory staff comprising two (2) Nos.
3000mm x 6000mm long cabins and 1 Nos. portable toilets for the duration of the Contract to the
satisfaction of the Architect/S.O. The site office shall be complete with adequate lighting, air-
conditioning, power and sanitary facilities. In addition, the Contractor shall also provide a conference
table complete with chairs for fifteen (15) persons for conducting site meetings and maintain throughout
the Contract. The Contractor shall provide and erect his own site accommodation for his own staff and
workmen. (Based on project requirement)
B) The Contractor shall erect, maintain and remove on completion all necessary temporary lock-up
weather-proof sheds for safe storage of materials and goods and shelter, messrooms and latrine for his
workmen including that of Nominated Sub-Contractor.
C) Accommodation of workmen on site is subject to the approval of the Architect/S.O. If such approval is
granted, the location of all temporary accommodation units is subject to the approval of the
Architect/S.O. Where the accommodation of workers is NOT allowed on site, the Contractor shall allow
for the cost of renting quarters or building accommodation units elsewhere.
C) The temporary buildings, with their contents, are to be maintained in a clean and orderly condition. All
damages to the temporary buildings are to be repaired immediately.
D) Sufficient latrine accommodation shall be provided and maintained, having concrete floors together
with all necessary water and drainage. These facilities shall, in every respect, conform to all
requirements of Department of Environment and other relevant authorities.
E) All waste water generated from latrine accommodation shall be treated such that its effluent meets the
requirements of all existing regulations and legislations.
F) Industrial first-aid equipment is to be kept at the site and the Contractor is to arrange for all necessary
medical attention.
G) The Contractor to allow for altering, shifting and adapting the temporary buildings from time to time as
required by the Architect/S.O. The site office and its contents shall become the property of the
Contractor and be removed from the site on completion of the Works. The Contractor shall allow for the
salvage value in his pricing.
A) The Contractor shall install and maintain metal deck hoarding throughout the Contract period. Repair,
repaint and maintain the hoarding and fencing together with gates, screens, etc. and obtain all necessary
licences and pay fees and charges during the construction period. Details of the hoarding, gates and
fencing shall be as per the drawings (Refer to Appendix ‘B’ – List of Drawings). (Based on project
requirement)
B) The hoarding shall not be less than 1800mm in height and continuous down to the ground. It should be
properly designed and constructed in accordance with the specification of the local authority and should
be maintained in good condition.
C) Remove all hoarding, fencing, gates and etc. upon completion of the works including making good the
area.
1.5.27 Signboard
A) The Contractor shall provide, maintain, alter and adapt them as and when necessary as a result of the
progress of the works, a signboard in location as directed and to the Architect/S.O.'s details and
approval. On completion of the works, the signboard shall be removed from the site and the area made
good. Details of the signboard shall be as per the drawings (Refer to Appendix ‘B’ – List of Drawings).
(Based on project requirement)
B) No other boards or advertisement shall be displayed on or around the Works without the consent of the
Employer and Architect/S.O.
C) The Contractor shall obtain all necessary licences and permits and pay all charges in connection
therewith.
1.5.28 Advertising
The Employer reserves the sole right of advertising upon or adjacent to the work. The Contractor shall
not allow and must ensure that no advertisement is displayed without the written consent of the
Architect/S.O.
1.5.29 Telephone
A) The Contractor shall provide telephone, internet and fax facilities for his own use as well as for the Sub-
Contractors, Nominated Sub-Contractors and Nominated Suppliers.
B) Provide additional one (1) telephone line, internet line and one (1) fax line including a transmitting and
receiving email / facsimile equipment for use by the Employer’s representatives, Consultants, Clerk-of-
Works and other supervisory staff including paying all fees for installation, rental, removal, calls and
faxes made.
The Contractor shall provide all necessary temporary drainage within and around the site to adequately
keep the site free from water including floodwater.
B) Provide all temporary cables, mains, sub-mains, wiring, fittings, etc., for the above, clear away and
make good on completion and pay all fees and charges.
C) Artificial lighting at adequate illumination level shall be provided for the following locations and
purposes: -
i) Each and every bathroom and similar internal enclosed rooms, internal passages and basement
floors where natural lighting is completely absent.
ii) Safe passages where adequate lighting is essential at all times to ensure the safety of all
workmen and visitors.
iii) All locations where night work is to be carried out.
iv) Outlets for more localised use of lighting in confined spaces e.g. service ducts, lifts shafts, etc.
v) Lighting at the perimeter of the site at night to safeguard the security of the site as well as to
ensure the safety of members of the public.
A) The Contractor shall provide and maintain temporary water supply in accordance with the requirements
of the Authorities and shall ensure that it is sufficient for the Works including for the needs of
Nominated Sub-Contractors and pay all charges connected therewith. The Contractor to allow for all
temporary pipe work, water storage tanks, tapping, meters and all other related works to furnish the
temporary water supply to site.
B) The Contractor is to arrange and allow for all water supply required for testing and commissioning of
any portion of the works requiring the such supply.
C) The Contractor shall remove temporary installation when directed by the Architect/S.O. and make good
thereafter.
A) The Contractor shall provide and maintain all necessary temporary electricity power supply for the
Works. The supply shall have sufficient capacity to meet the power requirements for the whole of the
Works inclusive of all items included as Prime Cost and Provisional Sum as well as Contractor's plant
and equipment.
B) Provide all temporary switchboards, main/sub main reticulation cables, distribution boards, wiring,
fittings, metering, protection housing of TNB's equipment, protection of Contractor's equipment,
switchgears and transformers including all necessary liaison with TNB.
C) The Contractor shall arrange separate and sufficient power supply for testing of mechanical and
electrical installations included in the Works. The detailed testing requirements shall meet the specialist
requirements of each installation.
D) Provide a network of ring mains on every floor of' the building to serve adequate number of 13 Amp.
socket outlets for hand tools.
E) If temporary power supply is unavailable from TNB and the available supply is not sufficient to meet
the requirements of this project, generator sets shall be used subject to the approval of TNB and Chief
Electrical Inspectorate of Malaysia. All fuel and replacement parts of the generators are to be borne by
the Contractor.
A) The Contractor shall pay all Monthly charges of electricity charges. The Contractor shall provide free of
charge power supply to all Nominated Sub-Contractors in the course of their installation works.
B) The Contractor shall arrange separate metering system for assessing the charges for testing and
commissioning of mechanical and electrical installations only.
A) All person authorised by the Employer and Architect/S.O. shall have access to the site at all times. For
the purpose of Clause 9.0 of the Condition of Contract, the Consultants and their representatives shall
be deemed Representatives of the Architect/S.O. The Contractor shall allow for keeping a visitors' book
for persons authorised to visit the site and provide safety helmets and boots for such visitors.
B) The Contractor shall be responsible for keeping all persons and workmen (including those employed by
all Sub-Contractors and Suppliers) within the boundaries of the site and shall take all precautions to
prevent trespassing into adjoining properties and keep unauthorised persons off the site.
A) The Contractor shall be solely responsible in carrying out the Works and during the progress of the
Works for any damage, accident, annoyance, nuisance or disturbance that may arise to any existing
premises, owners or occupiers of adjoining properties by any of the operations arising from the carrying
out of the Works under this Contract.
B) The Contractor shall be responsible for restricting his workmen to the site of the Works only and shall
prevent trespassing into adjoining properties and he shall undertake to reinstate and make good all
damages and indemnify the Employer against all claims for damages.
C) The Contractor shall take into consideration in his completion period complaints from adjacent owners
and consequential stoppages of work resulting therefrom.
A) The Contractor's attention is drawn to the fact that there are possibility of existing buildings adjoining
the site and must take all necessary measures to minimise noise.
B) He must allow in his time and rates for restricted overtime working if necessary to comply with the
above. Any claims for extra costs to the above will not be entertained.
1.5.38 Pollution
A) The Contractor shall particularly take all necessary measures to abate the discharge of black smoke
fumes and other obnoxious gases from the plant and machinery used on the site. When notified by the
Architect/S.O. the Contractor shall stop the use of any plant and equipment which emit black smoke or
fumes and Contractor's attention is also drawn to the fact the site is possibly situated near existing
buildings and pollution must be controlled to the minimum and open burning is not permitted on or
adjoining to the site.
B) The Contractor shall not allow open burning at the vicinity of the Site and at all times must adhere to all
environmental regulations imposed by the Department of Environment or other Local Authorities.
Particular attention is to be paid to the traffic congestion that may be encountered on the streets around
or approaching the site and appropriate arrangement must be made with the Local Authorities.
A) All excavation and portions of site where water stagnates or accumulates shall be kept dry by pumping,
baling or other operations.
B) Allow for taking such precautions as may be deemed necessary or desirable by the Architect/S.O. for
the prevention of breeding of mosquitoes and pay all charges as may be required by the Local Authority
concerned for any anti-malarial measures taken. The Contractor is required to reimburse the Employer
for any fines imposed by Local Authority regarding mosquitoes prevention matters.
C) The Contractor must refrain from dumping or depositing rubbish, spoils, unused materials, empty
bottles, cans and other containers capable of collecting liquids that afford breeding places for
mosquitoes. The Contractor will be held responsible for mosquitoes nuisance at the site and
surroundings arising from non-observance of the provisions of this clause and will be required to
employ whatever measures necessary in order to get rid of the mosquitoes at his own expense. This
would entail fogging the site on a weekly basis.
A) The Contractor shall solely be held responsible for the sufficiency of the arrangements made for the
exclusion of water from the Works and shall be held responsible for keeping the Works safe and dry at
all times including periods of heavy rainfall and for any loss or damage which may result from the
Contractor's neglect of this obligation.
B) The Contractor shall be responsible for keeping the whole of the Works well drained and free from all
water (including rain, storm, spring, running water and water below the water table levels and the
Contractor is to ascertain for himself the water levels as no claims will be entertained on the account
that these levels are not known or water arising from any other source) at all times to ensure that, so far
as practicable, all work is carried out in the 'dry'. He shall employ whatever means that may be
necessary to keep the site dry including baling, pumping (including power pumping), provision of
temporary earth drains (including precast concrete drains where they are deemed necessary by the
Architect/S.O.), drainage pits complete with silt traps, water courses and any other means which the
Architect/S.O. may direct.
C) The Contractor is to allow here for the provision of Standpipes and Piezometers in locations as directed
by the Architect/S.O. for measuring the level of the water table on site during the construction period.
D) The Contractor shall ensure that the water drained from the site shall be kept reasonably free from earth,
debris, etc. He shall be responsible for finding outlets for the discharge of the water drained from the
site and if the water is drained from site to the public drains, he shall be responsible for making
arrangements with the Architect/S.O. to do so including paying all necessary fees and making good
damages to the road, drains, etc.
The Contractor shall allow for and obtain all necessary permits, licences, etc required from the relevant
authorities in connection with the carrying out of the Works and pay all fees, royalties in connection
therewith.
A) The Contractor shall comply to Part VIII of the Lembaga Pembangunan Industri Pembinaan Malaysia
Act 1994 and the Construction Industry (Levy Collection) Regulation 1996 and shall submit a
notification on Form CIDB Ll/96 to the Lembaga not later than 14 Days after the issuance of the Letter
of Acceptance/Letter of Award/or any document that constitutes acceptance of a contract of works,
whichever date is earlier.
B) For projects of RM500,000.00 and above, the Contractor shall pay all necessary levy to CIDB for the
execution of the works, register all workers and site staff as per CIDB’s requirement and fulfil all other
CIDB’s requirement throughout the execution of the Works.
A) Certain material or goods required for the Works may not be readily available by local purchase. It is
the Contractor's responsibility to have all material and goods on the site for embodying in the Works as
and when required.
B) When material or goods as specified in the Contract Documents cannot be purchased in the local
market, the Contractor shall immediately upon notification of acceptance of tender, place orders for
such material and goods with firm delivery dates from the suppliers to comply with the works
programme.
C) Copies of the Contractor's official requisitions for such material or goods together with the suppliers'
firm delivery dates are to be submitted to the Architect/S.O. as soon as practicable.
D) The Contractor shall thoroughly acquaint himself details of all custom restrictions, quotas and shall
allow in his costs for complying with all such regulations.
E) The Contractor shall pay all duties, tariffs which may be payable or become payable on all materials for
use in this Contract in accordance with the regulations.
F) The Contractor may have to obtain the necessary import licence before ordering certain materials from
overseas. Failure to make proper arrangements may result in delays or additional costs for which the
Contractor will be entirely responsible.
G) The Contractor is to bear all increases in import duties, tariffs and taxes etc. that may arise in the
duration of the Contract. Such increases in import duties, tariffs and taxes etc. are deemed to have
included in the prices and are not recoverable from the Employer.
A) The Contractor shall register all workmen employed on the site including those employed by his Sub-
Contractor and Nominated Sub-Contractors, in compliance with the latest Internal Security
(Registration of Labour) Regulations.
B) The Employer absolves himself from all responsibility pertaining to this matter.
A) The Contractor shall be responsible for the entry of foreign workers and specialists into Malaysia. Their
entry shall conform to the rules and requirements of the Immigration Law of Malaysia.
B) The Contractor shall also be responsible for obtaining all the necessary work permits from the relevant
authorities. No claims for loss of profit, expenses and/or extension of time arising from refusal or
rejection of issuance of work permits and employment of foreign workers by the relevant authorities
shall be entertained.
A) The Contractor shall initiate and enforce compliance of all safety and health measures for workmen and
public as stipulated by: -
i)Factories and Machinery (Fencing of Machinery and Safety) Regulations,
ii)Factories and Machinery (Safety, Health and Welfare) Regulations,
iii) Occupational Safety and Health Act 1994;
iv) Factories and Machinery (Building Operations and Work of Engineering Construction)
(Safety) Regulations: and
v) All other relevant safety and health-at-work legislation and regulations.
B) Provide industrial first-aid kits at suitable locations on the site and instruct an adequate number of
persons in their use and to administer first-aid where required.
C) The Contractor shall also provide at least 6 sets of rubber boots, safety vest, safety shoes and safety
helmets for the use of the Employer, Architect/S.O. and all their authorised representatives.
D) The Contractor shall allow here for installation of proper safety netting to the external façade of
building as may be required by any authority enforcing safety-at-work.
The Contractor shall allow complying with all police requirement and for all cost incurred in connection
herewith.
A) The Contractor shall at all times adhere to all existing statutes regarding protection of the environment.
B) The Contractor shall be aware of the following latest legislation and take all measures to ensure the
compliance of:
(a) Environmental Quality Act, 1974 (Act 127) and subsidiary legislation made there under;
(b) Environmental Quality (Sewage and Industrial Effluents) Regulations;
(c) Environmental Quality (Clean Air) Regulations;
(d) Environmental Quality (Scheduled Wastes) Regulations;
(e) Sewerage Services Act 1993 - Act 580;
(f) Street, Drainage and Building Act, 1974: Act 133 and amendment, 1978;
(g) Protection of Wildlife Act, 1972 (Act 1976);
(h) Land Conservation Act, 1960;
(i) Drainage Work Ordinance 1954;
(j) Water Enactment - Chapter 146:Water (1935);
(k) Explosives Act 1957 (Act 207 Revised 1978).
C) The Contractor shall take necessary precautions to prevent the deposition of any debris, rubbish, silt,
waste materials, foul water, chemicals, etc. arising from the execution of the Works into existing
streams / waterways.
D) The Contractor is prohibited from discharging fuel and lubricant to any streams / waterways. Storage
tank for fuel and lubricant shall be placed on concrete base with upstand edges to contain any spillage.
Any spilled fuel and lubricant shall be promptly removed by the Contractor. The Contractor shall
collect and store used fuel and lubricant and dispose these according to methods approved by
Department of Environment.
E) The Contractor shall take necessary precautions to ensure that the tyres of all vehicles leaving the site
are free of mud.
F) The Contractor shall be held solely responsible for the sufficiency of precautions taken by him to
protect the environment and shall comply with requirements imposed by the relevant authorities.
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974
A) Site Registration
i. Subject to Section 35 under Factories and Machinery Act 1967, every person who undertakes
any building operations or works of engineering construction shall notify Department of
Occupational Safety and Health (DOSH) not later than seven (7) Days from the commencement
of construction activities. The notification is exempted to the construction activities that can be
completed in a period less than six (6) Weeks and does not involve the use of machinery.
ii. Refer to Construction Industry (Collection of Levy) Regulation 1996, contractor shall submit a
notification on Form CIDB L1/96 to the CIDB not later than fourteen (14) Days after the
issuance of the Letter of Acceptance/Letter of Award/ or any document that constitutes
acceptance of a contract of Works, or not less than fourteen (14) Days before the commencement
of the Works, whichever date is earlier.
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
B) HSE Representative
i. Contractor shall define, document and communicate the role, responsibility, authority and
accountability of each employee to satisfy these HSE requirements, at any time during the
performance of the work.
ii. Contractor shall employ and allocate adequate number of HSE personnel. The minimum
requirements of the mentioned personnel shall be as following:
• Contractor shall employ a minimum of one full time competent HSE Officer and HSE
Supervisor per project when the total contract price of the work ≥ RM20 million.
• Contractor shall employ a minimum of one full time competent HSE Supervisor per project
when the total contract price of the work < RM20 million.
• One full time competent Site HSE Supervisor per 100 employees per project site.
• Subcontractors who have more than 20 persons at the work site are required to appoint a part
time competent Site HSE supervisor who shall spend at least 5 hours a Week exclusively for
safety supervision at work site.
iii. HSE Officer and Site HSE Supervisor shall be directly under contractor employment.
Outsourcing of HSE Officer / Site HSE Supervisor services is strictly prohibited.
C) HSE Plan
i. Health, Safety & Environment Plan (HSEP) is a project specific document that comprises of
scope of works, project organization chart, responsibilities and accountability of project team,
project program, planned meetings, and list of legal and other requirements, list of HIRADC, list
of Environmental Aspects & Impacts Register, list of HSE management system documents and
other relevant documents to meet project specific requirements. The HSEP will be read in
conjunction with the letter of award, contract documents, drawings, specifications and client's
instructions.
ii. Contractor is required to prepare HSEP. Approval from SPSB shall be obtained on the HSEP
prior to commencement of work.
iii. HSEP shall be reviewed for relevancy during construction period.
D) HSE Documentation
Contractor shall ensure all related documents shall be updated and made available at site office. The
following but not limited to are the documents required on site:
D.ii Inspection
Contractor and their subcontractors are required to make regular HSE inspections of their
workplace as per applicable regulations and SPSB procedures.
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
H) HSE Signages
Contractor shall provide sufficient number of HSE warning signages within the workplace, to remind
workers of the HSE requirements/ regulations, hazards present, appropriate personal protective
equipment (PPE) required; first aid and firefighting facilities location. SPSB has the right to request the
contractor to add more signages if was found inadequate. HSE signage shall be in multiple languages.
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
M.ii Components
i. Scaffold components shall be in good condition, not bent or rusted. All cross bracing shall be
fitted with the locking pin in place.
ii. Timber scaffolding / falsework / formwork are strictly prohibited from being used for temporary
support.
iii. Damaged scaffold components shall be marked and separated to prevent worker using it for
erection.
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
N) Loading Platform
i. Loading platforms must be approved and signed off for use by a Professional Engineer.
ii. Loading platforms shall be assessed before installation and regularly inspected by a competent
person. It shall be fitted with guardrails on all sides, including on the front / exposed edge, to
prevent falls of people and materials.
iii. Safe Working Load (SWL) shall be clearly displayed at the loading platform.
O) Excavation
i. Excavations exceeding 1.2 meters deep, proper ladders shall be provided for safe access to and
egress from such excavations. Adequate shoring, lighting, signages and barricades shall be
provided for the safety of persons in the excavations or its vicinity.
ii. Excavated materials and other superimposed loads shall be placed at a safe distance from the
edge of open excavation and trenches, and shall be so piled or retained that no part thereof can
fall into the excavation, or cause the banks to slip or cause the upheaval of the excavation bed.
When determining the safe distance, consideration shall be given on the depth and slope of
excavation, nature of soil material and the weight of the superimposed load.
iii. Access and egress shall be provided to workers employed in excavations.
iv. Contractor to provide and maintain guardrail and mid-rail for exposed edges either at height or
excavation area.
v. Excavations shall be kept free from water.
vi. Where there is any question of stability of structures adjoining or over areas to be excavated,
such structures shall be supported where necessary by underpinning, sheet piling, shoring,
bracing or other means made or erected according to the design of a Professional Engineer to
prevent injury to any person.
P) Confined Spaces
Entry by a worker into any confined space shall be under the control of a suitable written procedure and
comply with all requirements for testing, ventilation, recording or test data and personal protection.
S) Lighting
i. Contractor shall provide all necessary artificial lighting for use of work at the at the project site.
ii. Contractor shall clear away and make good on completion and pay all fees and charges related to
the lighting.
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
T) Smoking Control
i. Smoking and vaping are prohibited on site unless at the designated smoking area.
ii. A designated smoking area will be provided by the contractor as per SPSB approval.
iii. Ashtray and fire extinguisher shall be provided in each designated smoking area.
U) Rest Area
i. Appropriate rest areas at locations to be agreed by SPSB shall be provided for worker’s
convenience during work break. Such location must be in a safe manner properly equipped with
shelters and posted signage.
ii. Proper rest area shall be provided with washing facility, table, chair, rubbish bins, lighting, etc.
iii. Rest area under temporary structure is strictly prohibited.
V) Praying Facilities
Contractor shall provide proper praying facilities. Partition shall be provided for male and female
praying area.
W) Ladders
i. Ladders shall be supplied and used in accordance with all legislated and applicable requirements.
Ladders with broken or weakened steps, supports, etc., shall not be used.
ii. Wooden ladder is strictly prohibited to be used on site.
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
Y.i Certificate
i. Contractor shall ensure all compressed equipment supplying pressured air shall possess a valid
PMT.
ii. Lifting device, passenger and material hoist shall have valid PMA.
iii. Renewal submission for certificate of fitness (PMA & PMT) shall be carried out at least three (3)
Months before the expired date.
iv. Valid PMT and PMA shall be displayed clearly at the machineries.
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
Y) Perakuan Mesin Angkut (PMA) & Perakuan Mesin Tekanan (PMT) (Cont’d)
Y.v Gondola
i. Gondola shall only be installed / moved / dismantled by a Specialist Contractor.
ii. Gondola shall comply with DOSH requirements.
iii. All powered gondola shall incorporate independent safety lines to over speed braking devices
and independent suspension lines for personal, safety harness attachment.
iv. Workers working inside the gondola shall be trained by the installer.
Z) Machineries
i. Contractor is required to inspect machineries (i.e. bulldozers, trucks, excavators, generator set,
forklift, etc.,) to ensure that works will be performed under safe condition.
ii. Contractor shall maintain and perform continuous safety inspection throughout the works and
shall promptly implement all recommendations made pursuant to the said inspection.
iii. Permissible sound level of machineries shall comply with local, state or federal ordinances.
vii. Area surrounding of machineries shall be free from oil / diesel spillage / leakage. In case of oil /
diesel spillage / leakage, affected area shall be properly cleaned and contaminated soil shall be
stored in a scheduled waste container.
viii. Machineries shall produce minimum smoke during its operation.
AA) Generator
i. All generators above 100kV require Department of Environmental (DOE)’s approval.
ii. Contractor shall provide portable drip tray or proper bund for any generator to prevent oil
leakage and contamination.
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental
Quality Act 1974 (Cont’d)
CC) Scheduled Wastes (Cont’d)
iv. The entire storage area should be surrounded by a concrete dike or other equivalent structure
designed to contain any spillage of the waste under the worst-case scenario. The capacity of the
containment should be 110% of the largest container stored in the storage area.
v. For identification and warning purposes, containers of scheduled wastes shall be clearly labelled
in accordance with the Third Schedule of the Environmental Quality (Scheduled Wastes)
Regulations 2005 and marked with the scheduled wastes code as specified in the First Schedule
of the Environmental Quality (Scheduled Wastes) Regulations 2005.
DD) Oil Spillage
i. Contractor to provide perimeter bunding at storage area. Any oil spillage on the ground shall be
treated as scheduled wastes.
ii. Contractor shall ensure that a sufficient quantity and type of appropriate spill response material
and / or equipment is onsite and readily available prior to receipt of any hazardous material.
EE) Material Storage and Stacking
i. Delivery of materials shall be closely coordinated with the project schedule to assure proper
storage locations and safe accessibility. Inflammable liquids shall be stored separately in areas
distinctly indicated as 'NO SMOKING' areas.
ii. All materials shall be stored at least one (1) meter from any exposed edges.
iii. Double stacking of brick, tiles and cement bags pallet at 1 st floor slab and above is strictly
prohibited.
iv. Materials to be lifted by a crane or other hoisting devices shall not be stored under overhead
power lines.
FF) Traffic Control
i. Proper traffic control and safety procedure is mandatory for all types of works as per JKR
Arahan Teknik clause 1.20 (Maintenance of existing roads & Protection of traffic) in JKR I SPJ I
1988. (Standard Road Works Specification).
ii. Contractor shall, at contractor’s cost, provide a qualified Traffic Management Officer (TMO)
who will be responsible to provide guidance and advice pertaining to Road Traffic Management
when required for the project and SPSB.
iii. Vehicles for carrying building materials, debris and excavated materials should be clean, well
maintained and in good running condition. If they carry loose materials, they should be covered
and properly sealed to ensure that there will be no spillage of materials onto the public road.
iv. Vehicles should not be driven at speed exceeding 15km/hr inside the project site.
GG) Electrical Hazards
i. All parts of electrical installations shall be of SIRIM standards.
ii. All electrical circuits, including must be protected by an Earth Leakage Circuit Breaker (ELCB),
Residual Current Device (RCD) or a Ground Fault Circuit Interrupter (GFCI), fitted at the
source.
iii. All wiring shall be supported on proper insulators and not looped over nails or brackets.
iv. All electrical cables shall be routed overhead and properly secured. Electrical ‘Safety’ and
‘Warning’ signages shall be posted at all electrical installations.
v. Damaged socket and cables shall not be used to prevent electrical short circuit.
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
KK) Canteen
i. Contractor shall provide a canteen that can cater the site population. The location of the canteen
is to be agreed by Architect/S.O. and SPSB.
ii. Canteen operator shall comply with all relevant authorities’ regulations.
iii. All food handlers and operators must undergo medical screening, properly vaccinated (Typhoid
vaccination) and free of communicable disease.
iv. Grease trap shall be provided and regularly maintained by canteen operator. No direct discharge
is allowed.
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
LL) Toilet
i. Sanitary conveniences shall be arranged separately for persons of each sex.
ii. Contractor shall provide minimum of two (2) portable toilets at site office.
iii. Toilet facilities shall be provided for every 30 workers per unit at project site and workers
quarters.
iv. The said toilets shall be regularly maintained and de-sludge at a minimum of three (3) times a
Week or as far as reasonably practicable to avoid overflow and pollute the environment.
v. Contractor shall be responsible to the hygiene cleanliness of sanitary at work and workers
quarters.
vi. Septic tank shall be dislodged regularly to avoid overflow and pollute the environment.
vii. The design on the septic tank must be in accordance with Environmental Quality Act 1974-
Environmental Quality (Sewage) Regulation 2009, Malaysia Standards 1228 (MS1228).
MM) Housekeeping
MM.i Construction and Domestic Waste
Contractor and sub-contractors are responsible for housekeeping and cleanup in their construction site.
Housekeeping and cleanup requirements shall include:
i. All stairways, passageways and access-ways shall be kept free of materials, supplies, and
obstructions at all times.
ii. Work areas shall be kept free of construction and domestic waste and all tripping hazards.
iii. Construction and domestic waste shall not be thrown from one level to another, but be carried
down, lowered in containers or deposited in a disposal chute.
iv. Contractor shall prepare suitable container for construction and domestic waste.
v. Construction and domestic waste shall be disposed in an approved dumping area / landfill by
local authority. Record of disposal shall be maintained.
vi. Water ponding within the workplace shall be eliminated as far as is practicable, to prevent
breeding of mosquitoes.
vii. Disposal of construction and domestic waste by using lift core is strictly prohibited.
viii. Burning and dumping of waste materials within the workplace in strictly prohibited.
MM.ii Rubbish Chute
i. Chutes exceeding 12 meters in height shall be constructed in accordance with the design and
drawings of a Certified Professional Engineer.
ii. Rubbish chute shall be designed and erected together with the dust control system.
iii. Splashboards shall be erected around of dumping area to prevent materials from rebounding into
public thoroughfare.
NN) Wastewater
Waste water shall be adequately treated before being discharged out of the workplace. It shall be
retained in a sump and treated with Effective Micro-organisms (EM) technology or mud balls or other
appropriate treatment.
OO) Reduce, Reuse and Recycle
i. Contractor shall provide appropriately colored recycle bins at the construction workplace and at
worker’s quarters, for segregation of paper, plastic, glass and aluminum.
ii. Contractor shall take initiative consistently to reduce, reuse and recycle materials on site.
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
PP) Training
i. Contractor shall conduct HSE induction to all workers and visitors. Records of induction shall be
made available.
ii. Contractor shall provide adequate training related to HSE to their workers and plan HSE
programme for the project and submit to SPSB for monitoring purpose.
iii. Failure to conduct any training within 3 Months from the project commencement date, SPSB has
the right to organize training for the contractor workers. Cost would be deducted from
contractor’s progress claim.
iv. Contractor shall ensure that all operators of Plant, Machineries and Equipment (PME) such as
forklifts, cranes (including crawler, mobile and/or tower crane), aerial/boom lifts, passenger &
material hoist, etc., have been trained and/or certified in handling the PME.
v. All riggers, scaffolders, welders, pipefitters, electricians and other crafts shall have the required
trainings and certifications from a third party. Copies of their competency certificate shall be
maintained at the project site and forwarded to SPSB.
vi. Contractor shall give full cooperation and supports by participating in HSE program organized
by SPSB.
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
Penalty
Category Sub-category No Item Amount
(RM)
Permanent HSE Officer (SHO) not provided for
project RM 20 million and more / Site HSE
1 2000 / 1000
Supervisor (SSS) not provided for project less than
RM 20 million.
A. General Requirements
HSE related documents such as toolbox briefing
record, minutes of meeting, training & awareness
2 500
records, etc, found not updated / available at site
office
First aid box not provided / insufficicent first aid box
1 500
WORKERS AND B. First Aid Facilities / inadequate first aid box contetnt.
FACILITIES 2 Oral medication stored in the first aid box. 500
Non comformance for basic PPE requirements on
C. Personal Protective 1 site (no safety boots, safety helmet, safety harness, 500
safety goggles, dust mask and substandard PPE.
Toilet not provided / no maintenance conducted for
1 500
site office toilet.
2 Unsafe electrical installation 500
D. Site Office
3 Fire extinguisher not rovided / out of pressure 500
500
4 Poor housekeeping
No PMT / expired PMT provided for air compressor 500
1
used on site
2 No bunding or drip tray for air compressor 500
Monitoring panel (pressure gauge, fuel level and
3 500
temperature) not functioning / damage
E. Air Compressor 4 Excessive noise / smoke generated from machine 500
MACHINERY F. Fabrication Yard
G. Generator Excessive oil or diesel spillage / leakage from
5 500
machine
Poor housekeeping (material found scattered and
6 500
excessive waste accumulated at fabrication yard)
7 Safe guarding not provided for rotatory part (belting) 500
8 Fire extinguisher not provided / out of pressure 500
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
Penalty
Amount
Category Sub-category No Item
(RM)
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
AAA) S P Setia HSE Audit and Penalty System (Cont’d)
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
Penalty
Category Sub-category No Item Amount
(RM)
3 Poor condition of power tools 500
1 Secured anchor / hook point not provided 500
V. Working at Height 2 Lifeline not provided 500
3 Unsafe method for working at height 500
Warning signages and proper label not provided at
1 500
storage and container
Exccessive cheical spillage / leakage observed at the
2 500
W. Storage / Scheduled storage area
Waste 3 Damaged / unsuitable container provided 500
4 Poor material arrangement 500
5 Bunding or drip tray noy provided at storage area 500
6 Fire extinguisher not provided / out of pressure 500
1 No proper / unsafe access into the building 500
2 Insufficient HSE warning signages on site 500
3 Insufficient lighting provided 500
Handrail or hard barricade not provided at staircase
4 500
and exposed edges
Hard cover / hard barricade not provided at exposed
5 500
edges / floor opening / hole
X. Building Operation 6 Unsafe ladder used at workplace 500
7 Unsafe resting area 500
Insufficient toilet / no maintenance conducted at
8 500
toilet
9 Exccessive dust generated in the building 500
10 No control measure for dust 500
11 Floor level not clearly marked 500
12 Fire extinguisher not provided / out of pressure 500
Building under construction used as living quarters
1 5000
and / or cooking in it
Poor housekeeping / exccessive waste accumulated
2 500
Quarters Area, Cooking around quarters / cooking area
WORKER’S 3 No designated area for cooking activity 500
& Canteen Area, Toilet &
QUARTERS
Bathing Area 4 Insufficient toilet / poor maintenance 500
5 Grease trap not provided at discharged point 500
6 Fire extinguisher not provided / out of pressure 500
7 Unsafe electrical installation at quarters area 500
Others 500
Factories And Machinery Act 1967 / Occupational Safety and Health Act 1994 / Environmental Quality
Act 1974 (Cont’d)
BBB) Conclusion
i. All employers are responsible for their employees in the recognition and elimination of hazards
and unsafe acts and the regulations applicable to their work. HSE training, good HSE practices
and appropriate immediate corrective action are the keys to the prevention of accidents, loss of
life and property damage. No matter how many rules and regulations are set forth, a good HSE
Programme depends mainly on a positive and intelligent attitude by the managements and
workers involved.
ii. All workers are responsible to plan and accomplish their work with due regard for the HSE of all
individuals on the jobsite. They will be expected to eliminate all possible accident hazards when
planning the work under their control. Contractor shall observe and correct any accident
producing practices before injury occurs. If an accident does occur, it would be investigated to
determine the cause and develop corrective action to prevent a recurrence. All accidents shall
immediately be reported to the Project Manager Architect/S.O. and SPSB.
iii. Accidents have no set time or place. They often occur without warning and without regard for
person or place. SPSB trust that with contractor’s help and commitment, the project site shall all
be ACCIDENT FREE.
iv. Compliance to the SPSB’s HSE Programme will be regularly reviewed at all employee levels
and violations will be recorded.
CCC) Disclaimer
i. Contractor shall have deemed to have allowed in his Tender all costs and expenses incurred in
compliance with such health, safety and environment rules and measures and shall be
responsible for and shall indemnify the Employer and/or Consultants against any claim, fine or
legal proceeding arising out of the Contractor's failure to observe the above.
ii. This requirement outlines the minimum S P Setia's HSE requirements for contractors working
with us.
iii. Contractor may adopt more stringent rules and standards to meet specific needs or any related
regulatory requirements.
iv. Contractor shall aware and comply with the latest HSE act and regulations requirements.
The Contractor shall take note on the “Contractor Safety Performance Incentive Scheme” as
following:-
A) To reward building contractors who achieve 75% and above cumulative safety inspection score at the
end of the project based on the following tabulation:
B) The cumulative safety inspection score for every project parcel is derived from GQM's monthly safety
inspection scores.
PAM2018 with qty – Prelim Ver07 (Oct2021) Page 51/60
(SETIA FONTAINES – SOFT LANDSCAPE WORKS AT CLUBHOUSE OF NUSACINTA PRECINCT 6)
PROPOSED SOFTSCAPE WORKS AT CLUBHOUSE OF NUSACINTA PRECINCT 6 ON PART OF LOTS 1557,
1826, 1829, 2457 & 2466, MUKIM 6, DAERAH SEBERANG PERAI UTARA PULAU PINANG
FOR MESSRS. SETIA FONTAINES SDN. BHD.
The following shall be read in conjunction with Clause 27.0 of the General Conditions of Contract.
A) The Contractor will be fully responsible for all Nominated Sub-Contractors and any delay or damages
thereby occasioned and will be responsible for the supervision and administration of all Sub-Contracts
in accordance with the General Conditions of Contract. He will be required to arrange a programme
schedule with each of the nominated firms. These schedules will be subjected to the approval of the
Superintending Officer.
B) The attendance as priced by the Contractor against the Prime Cost items in the Bills of Quantities shall
be deemed to include the following: -
i) Ascertaining from Nominated Sub-Contractors particulars relating to their work in regard to
chases, holes, mortices and similar items required to be formed or left in. The Contractor will be
responsible for any additional cost incurred as a result of any omission on his part in this respect.
ii) The Contractor shall co-ordinate his work with that of the Nominated Sub-Contractors and is to
liase with them to ascertain all information necessary to enable their respective works to be set
out and executed correctly. The Contractor will be responsible for any additional cost incurred as
a result of any omission on his part in this respect.
iii) Affording free and full use of scaffolding and hoisting tackle already erected, messrooms,
sanitary accommodation and welfare facilities, and temporary roads and hardstandings.
iv) Providing reasonable amount of space for Nominated Sub-Contractors' temporary office and
storage accommodation.
v) Providing adequate artificial lighting and water for Nominated Sub-Contractor's work.
vii) Giving all necessary dimensions and taking responsibility for their accuracy.
viii) Making available temporary power supplies required for the execution of the Works.
ix) Arranging for any special power supplies required by Nominated Sub-Contractors.
xi) Providing temporary proppings and strengthening of structure to facilitate the safe handling of
bulky and/or heavy equipment to their permanent positions.
xii) Taking full responsibility for, and covering and protecting against loss or damage to, executed
and part executed Nominated Sub-Contractor's work and materials and goods properly brought
on site for inclusion in the Nominated Sub-Contract works whether or not included in any
certificate including keeping and rectifying necessary joint records thereof.
C) It is to be noted that the Nominated Sub-Contractor will include in the Sub-Contract sum, inter alia the
costs in connection with the following: -
i) Unloading, getting in, storing and handling of all goods and materials, subject to
paragraph (ii) below.
ii) Unloading, getting in, storing, handling and hoisting of plant and tools belonging to the Sub-
Contractor and bulky and/or heavy equipment which forms part of the Sub-Contractor's
installation. The Sub-Contractor may make the necessary arrangement to hire the Main
Contractor's hoisting facilities and pay the charges. The Sub-Contractor shall inform the Main
Contractor of the proposed route of movement of bulky and/or heavy equipment to allow the
Main Contractor to organise and strengthen the existing structure accordingly.
iii) The provision, erection, maintenance and removal of his temporary office and storage
accommodation including paying all assessment and other charges.
iv) Connecting to temporary power supplies, made available by the Main Contractor, for the
execution of the Works. Power will be provided free of charge to the Sub-Contractor.
v) Connection of special power supplies arranged by the Main Contractor, supplying and running
distribution cables for connection to the source arranged, leads and electrical gear required, and
paying for all charges on the special power supplies.
vi) Provision of all fuel, gas, steam, water, electricity supplies and all other services that may be
required for the testing of installations.
vii) Taking full responsibility for any loss of, or damage to his own plant, tools, equipment and other
property on the site.
viii) Keeping his work areas free from accumulation of debris at all times and moving debris to
collection points as directed by the Main Contractor.
ix) Comply with applicable HSE act and regulations.
x) Comply with SPSB and Main Contactor HSE requirements.
B) Under the Conditions of Contract, the Prime Cost (P.C.) Sums included in respect of materials or goods
supplied by Nominated Suppliers are at complete disposal of the Architect/S.O. who may deduct the
same wholly or in part from the Contract Sum and nominate such persons as the Architect/S.O. selects
to supply the materials or goods to which these P.C. Sums apply. The Contractor is to add to such items
where indicated for profit inclusive of establishment charges and for attendance as described below.
C) The words “Attendance” where used in these Bills in connection with any materials or goods supplied
by Nominated Suppliers shall be understood to include for: -
i) Taking delivery,
ii) Unloading, getting in, storing and protecting,
iii) Taking from store and issuing ,
iv) Returning all chargeable packing, carriage paid and recovering all appropriate credits
D) Fixing of the materials or goods is measured separately. The words “Fix Only” where used in these
Summary of Works / Bills of Quantities in connection with any materials or goods supplied by
Nominated Suppliers shall be understood to include, inter alia, for:
i) Placing in position including all handling and hoisting, etc.
ii) Assembling and fixing.
E) The Contractor will be responsible for checking the accuracy of sizes and compliance with
specifications all items supplied. Once items are handed over to him, the Contractor shall be held
responsible for any discrepancy, loss or damage to the materials or damage by inferior workmanship,
either in the original fixing or in the subsequent taking down and refixing thereof.
A) The Architect/S.O. reserves the right to allow other Contractors to access or take partial possession of
the site. The Contractor shall work in close co-ordination and liaison with other Contractors (including
those who will be employed in the future) appointed by the Employer who may, at one time or the other
during the currency of this Contract, be operating around and within the Site. Take account of the work
programme of these other Contractors in the planning and programming of the Contract works. Any
extension of time or extra cost claimed on the ground of lack of co-ordination between the parties or
hindrance due to the presence of other Contractors will absolutely NOT be considered.
B) The Contractor shall, in particular, liase with these other Contractors on matters of shared access,
common security, keeping roads, access ways and drains free of debris and mud and protection of the
Works including those by others. Co-ordinate all related works to minimise obstructions and
hindrances. Agree and share the cost of maintenance of all roads and access ways, or other common
facilities.
D) Remove, within one Week of the Architect/S.O. so instructing or within such time nominated by the
Architect/S.O., all materials and rubbish that are in the working areas of these other Contractors in order
that their works are not impeded or delayed in any way.
E) Hand over to the Employer areas of the site identified to be completed earlier in order that the works of
these other Contractors are not disrupted in any manner whatsoever.
The Employer reserves the right to let separate contracts for works on the site. Contractors and/or
craftsmen so employed shall not take instructions from the Contractor or his Site Agent. Should the
Architect/S.O. require the Contractor to provide any labour, materials or services in respect of these
independent Contractors and/or craftsmen, the cost shall be deemed to be the Architect/S.O.'s
instruction.
In the event of any specialist firm or firms being employed by the Contractor to execute any part of the
Works under this Contract, the Contractor shall take full responsibility for any damages or delay which
may be occasioned by them, and shall exempt the Employer from the consequences of anything that
may eventuate in connection with their employment.
A) Place orders for specified material at the earliest possible date after notification of acceptance of tender.
Produce at the Architect/S.O.'s request records to show that there are no shortages of material during the
progress of the works. The Contractor’s shall note all prohibition / limitation of importation of material
by the Customs Department and comply with all procedures imposed.
B) Immediately inform the Architect/S.O. should there be any delays delivery and where possible, suggest
alternative sources supply.
C) The Bills of Quantities (if any) are NOT to be used as the basis for ordering any material.
D) If the Contractor fails for any reason to supply any material that he had contracted to supply or if he
fails to supply any such material in sufficient time to enable the contract to be completed by the agreed
date for completion, then in either event the Employer may supply any portion or all of such material.
The cost in respect thereof to be borne by the contractor shall be:
OR the actual cost to the Employer at the date of supply, including overhead and any other charges,
E) The cost to be borne by the Contractor as above detailed shall be deducted from money due or to
become due to the Contractor under this Contract and the Contract Sum shall be adjusted accordingly.
F) In no way will the material ordered or supplied by the Employer relieve the Contractor of any of his
duties or responsibilities under the Contract.
1.8.2 Samples
A) Submit samples of materials and goods to the Architect/S.O. and obtain his written approval before
ordering in bulk.
B) Sample panels of proposed materials and workmanship shall also be submitted to the Architect/S.O. for
his approval.
C) The approved samples shall be kept by the Architect/S.O. who shall reject all such materials and goods
and workmanship that do not correspond with the approved samples. Where the samples are rejected,
the Contractor must submit further samples until approval is obtained. Samples submitted shall be at the
Contractor's own expense.
D) All samples shall be properly labelled, dated and mounted on plywood boards and keep in site office or
any other place as directed by the Architect/S.O.
A) Allow for all expenses and fees (including costs of packing and delivery of specimen and test reports)
for all necessary tests that the Architect/S.O. may direct the Contractor to carry out in accordance with
the Specifications or elsewhere in these documents.
B) Provide all requisite apparatus, equipment and skilled experienced staff for the purpose of carrying out
all tests required by the nature of the work being executed in addition to all the tests specified herein.
C) All apparatus and equipment required for the tests shall be made available in good working condition at
the site prior to commencement of work and shall be kept at the Contractor's temporary shed for the
entire duration of the works. They shall, however, remain the property of the Contractor and shall be
removed from the site on completion of the Works.
A) No loading in excess of the design loading shall be placed on any portion of the structure without the
written permission of the Architect/S.O. If such permission is granted, all structural members subjected
to loading other than the design loading shall be strengthened and supported to the satisfaction of the
Architect/S.O. and the Contractor will bear all additional expenditure.
B) In addition no load bearing members shall be cut, drilled or sleeved without the written approval of the
Architect/S.O.
C) Notwithstanding the written permission of the Architect/S.O., the Contractor shall bear all costs arising
out of making good of any damages to the permanent structure caused by excess loading.
A) The Contractor shall prepare and shall cause his Sub-Contractors or Suppliers to prepare and complete
sufficient shop drawings for all mechanical and electrical services, aluminium and glazing works and all
other specialists' work or services in accordance with the requirements in the Specifications. Unless
otherwise specified, the Contractor shall submit three copies of each shop drawings to the
Architect/S.O.
B) Such drawings shall be submitted in ample time for checking and for resubmission for any amendments
described so as not to jeopardise in any way the time for completion of the Contract.
C) No works shall be carried out until the relevant shop drawings have been approved by the
Architect/S.O.
D) It should be clearly understood that the approval of shop drawings by the Architect/S.O. is solely an
approval of subject matters in principle and does not constitute checking of detail measurements or
acceptance of auxiliary units or material unless specifically mentioned in writing by the Architect/S.O.
E) Where necessary the Contractor shall prepare co-ordinated shop drawings for approval by the
Architect/S.O.
A) On any material or goods supplied under this Contract where the manufacturer gives a warranty or
guarantee, the Contractor shall secure such warranty of guarantee and assign the same to the Employer.
B) All warranties and guarantees shall in the approved form as per Appendix F – Manufacturer’s and /
or Supplier’s Warranty or Guarantee and this submission shall be a pre-condition to the issuance of
the Certificate of Practical Completion by the Architect/S.O.
C) All warranties shall be given in joint name of the manufacturer and applicator for the entire stipulated
duration. All durations are to commence from the date of issuance of the Certificate of Practical
Completion.
D) The following warranty or guarantee to be provided for the duration stated (if applicable): -
(i) Painting Works - __ years
(ii) Waterproofing Works - __ years
(iii) Anti-Termite Soil Treatment - __ years
(iv) Proprietary Timber / Steel Roof
Trusses - __ years
E) The Contractor is to note that the list above is by no means exhaustive and all warranties and guarantees
shall be provided for items where warranty or guarantee is specifically mentioned elsewhere in these
Documents. Where the duration of warranty or guarantee stated above differs from those stated
elsewhere, the duration stated here shall take precedence.
A) The Contractor shall prepare and shall cause his Sub-Contractors to prepare, "As-Built” drawings on all
mechanical and electrical services, earthworks, infrastructure works, landscape works, piling works and
other works specifically mentioned in these documents (where applicable), in accordance with the
requirements in the Specifications. Unless otherwise specified, the Contractor shall submit three sets of
As-Built drawings.
B) Similarly, submit two sets of any operating and maintenance instructions or manuals provided by
manufacturers, suppliers or sub-contractors. These shall be bound up in book form with stout hard
covers with the name of the project embossed on the front cover.
C) All As-Built drawings and manuals are to be submitted to the Architect/S.O. within two (2) Weeks
before the date of completion or expiry of any extended time thereof. This submission shall be a pre-
condition to the issuance of the Certificate of Practical Completion by the Architect/S.O.
A) Remove all debris, rubbish and superfluous material from the site as it accumulates for time to time and
at completion irrespective of their sources or origins.
B) In the event that the progress of the work is impeded by over-accumulation of debris, etc. on the site
due to default on the part of the Contractor, the Employer reserves the right to arrange for the debris,
etc. to be removed from the site and to deduct such expenses incurred from any sums due or to become
due to the Contractor.
C) Provide for easing doors and windows, adjusting ironmongery, handing over keys and cleaning all
buildings inside and out including washing and scrubbing floors, removing excess cement, removing
cement droppings, cleaning out gutters and channels and sanitary fittings, removing dirt from glass,
removing stains, and touching up paint work and polished work and leaving the whole of the works
clean and tidy to the complete satisfaction of the Architect/S.O. on completion (if applicable).
D) All keys shall be grouped with identification tags and handed over to the Employer’s representative.
E) All drains, sewer pipes, manholes, sumps, culverts etc. shall be cleared of silt, debris, etc. and leave the
whole of the works clean and tidy to the complete satisfaction of the Architect/S.O. on completion (if
applicable).
F) Clear the site of all temporary works, facilities, temporary structures, plant and equipment, and leave
the site clear and unencumbered before handing over.
G) The Contractor shall not dispose material, wastes and debris etc. by burying such material, wastes and
debris within the boundary of the Site.
On completion of the Works, and before the issue of the Certificate of Practical Completion of the
Works, the Contractor shall be solely responsible to the Architect/S.O. for the following and shall
ensure that the work of the Nominated Sub-Contractors is handed over in a like condition: -
i) Remove all debris, rubbish and surplus materials from the site/within all buildings and leave the
Works clean and tidy to the satisfaction of the Architect/S.O.
ii) All plant, building appliances, apparatus or equipment are to be removed as quickly as possible
and conveyed away from the site at the sole cost of the Contractor. All services and leads,
temporary building, sheds, barriers, scaffolding etc. required in the work of construction are to
be disconnected, dismantled, taken down and removed. All holes, trenches, excavations in
connection with the plant are to be closely turfed and the site left in a clean and orderly
condition.
iii) Earth levelling to final platform level to the Architect/S.O.’s satisfaction.
A) The Employer reserves the right to insist the Contractor to purchase the material for construction from
them, which shall be obtainable as follows: -
Material Supplier
i)
ii)
B) The Contractor may, however, purchase the said materials from other companies only on submission
documentary evidence to the Employer from time to time that: -
i) He can purchase the said materials of the same quality at a lower price than the Employer can
offer.
ii) There is no stock of the said materials at that time or that the Employer is unable to supply the
said materials at the time required.
In such cases, the Contractor shall obtain a written approval from the Employer to obtain the said
material from other sources.
A) The Contractor shall for the cost of deferring installation selected loose or dismountable items/fittings to
prevent theft or vandalism of such items/fittings. Items included under this category may include all
valves, stopcock, taps, shower rose, manholes and drain gratings, ELCB, electrical distribution board,
main switch etc. All such items/fittings shall be stored by the Contractor is a secured place and he shall
be wholly responsible for the security of the items/fittings.
B) The said loose or dismountable items shall be installed on units/sections/levels/floors/blocks during the
Defects Liability Period upon notification by the Architect/S.O.The Contractor shall install the
items/fittings upon receipt of such notifications of which might entails various a few operations. On the
expiry of the Defects Liability Period, by notification of the Architect/S.O., all remaining items/fittings
shall be installed for the respective units/sections/levels/floors/blocks.