bill no. 1 - preliminaries

P R E L I M I N A R I E S & G E N E R A L C O N D I T I O N S

ITEM DESCRIPTION AMOUNT

(RM)

1.1 GENERALLY

The foregoing `Preliminaries’ items set out hereunder are applicable to the whole of the works as described in this Summary Of Tender. The Contractor shall allow herein the monetary value for complying with each of the items in connection therewith. Such rates inserted in these ‘Preliminaries’ items shall be deemed to apply to whole of the Works carried out under this Contract. If any items/ clauses of the Preliminaries are left unpriced in the cash column it shall be deemed to the cost of such items/ clauses has been allowed for elsewhere within the Tender and no subsequent claim out of such unpriced items/clauses shall be entertained. The Contractor shall has no right of not to perform and fulfill the requirements of all changes in this Preliminaries.

1.2 DEFINITIONS

In these Summary Of Tender and/or Specifications the following words and expressions shall have the meanings hereby assigned to them except where the context otherwise requires:

i. ”Works” means the works to be executed in accordance with the Contract.

ii. ”Contract” means the documents forming the tender and acceptance thereof including:

Articles of Agreement and Schedule of Conditions and Addendum No. 5,6 &7 and Appendix thereto (PWD Form 203A (rev. 10/83))

Special Provision to the Condition of Contract

Form of Tender

Letter of Acceptance of Tender

Contract Drawings

Specification

Bill of Quantities

iii. ”Approved” means approved in writing (including subsequent written confirmation of previous verbal approval) and “approval” means approval in writing (including as aforesaid).

iv. ”As described” means as described in the Specification and/or the Summary Of Tender.

v. ”Local Authorities” shall be deemed to include the relevant statutory bodies, supply authorities and federal departments in so far as their approval and/or consent are materials to the implementation of the Works or anything in connection thereof. Words importing singular only also include plural and vice versa where the contract requires.

Headings in these Summary of Tender and/or Specifications shall not be deemed to be part thereof and shall not be taken into consideration in the interpretation on construction of the Contract.

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To Collection:

1.3 PARTIES

a. Employer or where the word “Government / Kerajaan” is used shall mean BOUSTEAD HEAVY INDUSTRIES CORPORATION BHD.

b. ”S.O” shall mean the “Superintending Officer” who shall mean GROUP MANAGING DIRECTOR OF BOUSTEAD HEAVY INDUSTRIES CORPORATION BHD. or his authorised representative.

c. “Project Management Consultant” means RIZAL HOOD JURUTERA PERUNDING SDN. BHD., Lot 83C, Lorong Mamanda 1, Ampang Point, 68000 Ampang, Selangor Darul Ehsan.

d. “Civil and Structural Engineer” means RIZAL HOOD JURUTERA PERUNDING SDN. BHD.,

e. “Mechanical and Electrical Engineer” means RIZAL HOOD JURUTERA PERUNDING SDN. BHD.

f. “Quantity Surveyor” means AS2 CONSULT SDN BHD, No.11B Jalan Cecawi 6/19A, Kota Damansara, 47810 Petaling Jaya, Selangor Darul Ehsan.

g. “Contractor” means the person or persons, firm or company whose tender has been accepted by the Employer and includes the Contractor’s authorized representatives, successors and permitted assigns.

1.4 ABBREVIATIONS

In these Summary Of Tender and/or Specification the followings abbreviations shall have the meanings hereby assigned to them:M3 Cubic MetreM2 Square MetreM Linear Metremm MillimetreNo. NumberPrs PairsOz Ounce AvoirdupoisLbs. Pounds AvoirdupoisTon Imperial TonTonne Metric TonKg. KilogrammeB.S British StandardM.S Sirim Standard

1.5 PAYMENT FOR PRELIMINARIES ITEMS

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Preliminary items will be paid in installments as the work proceeds. Generally they will be paid in the proportion of the value of work executed to the total value of works. However, at the discretion of the S.O. interim payment in excess of this proportionate value may be made for any item if the amount expended in respect of such item can be reasonably ascertained.

To Collection :

1.6 SCOPE OF CONTRACT/GENERAL DESCRIPTION OF WORKS

The Contract to be entered into is for the proper execution and completion of the whole works which includes providing all labour, materials, plant, tools, temporary works, etc., in connection with the works all in accordance with the Summary Of Tender all to the satisfaction of the Superintending Officer hereinafter referred to as S.O. The scope of work shall comprise of but not limited to CADANGAN MEMBINA KILANG DI ATAS LOT 10, DI KAWASAN PERINDUSTRIAN BENTONG FASA 2B, MUKIM SABAI, DAERAH BENTONG, PAHANG DARUL MAKMUR. The works which are to be under this Contract are briefly described below:

a) Preliminariesb) Building Worksc) Mechanical and Electrical Worksd) External Workse) Equipment Installation Worksf) Provisional Sum

1.7 LOCATION OF SITEThe site is located at Kawasan Perindustrian BentongFasa 2B, Mukim Sabai, DaerahBentong, Pahang Darul Makmur as shown in drawing No RH1541/ARCH/SP/001 as listed in Appendix A.

1.8 INSPECTION OF SITE

The Contractor shall be deemed to have inspected and examined the site and its surrounding and to have satisfied himself as to the nature and position of, means of communication with, access to the site, the extent and nature of the Works, the nature of the ground and sub- soil, the types of material to be excavated, the material and goods necessary for completion of the works, the facilities for placing and moving of material and plant, the accommodation he may require and in general to have acquainted himself with all matters pertaining to risks, contingencies and all circumstances affecting the execution and completion of the Works and shall be deemed to have allowed the same in the Contract Sum.

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Claims will not be entertained by the S.O. for any extra costs incurred by the Contractor in carrying out the works not specified herein, but the necessity for which could have been foreseen by him on inspection of the site before tendering.

1.9 SITE CONDITIONS

Immediately after taking possession of the site and before commencing work, check the actual levels and dimensions against those shown on the drawings, and in the event of any discrepancy, shall immediately notify the S.O.

Allow for blinding the site with quarry dust, hardcore or other suitable material to facilitate movement of plant and machinery within the site including excavated areas.

To Collection:

2.0 TEMPORARY ACCESS TRACKS AND SITE DRAINAGE

Provide and maintain all necessary temporary access to an within the Site including culverts, tracks, etc. as long as required and remove and make good on completion to the satisfaction of the S.O. The position where the site access is to be made shall be as indicated on the site plan or as instructed by the S.O. and the Contractor shall make all arrangement and obtain all approvals required.

The access roads shall be properly maintained at all times and shall be removed only when instructed by the S.O.

The Contractor shall make proper provision for the drainage of surface water from the work site including rainwater from surrounding areas which drain on to the site.

The Contractor shall at his own cost, provide, form, fix and maintain as and when directed by the S.O. such pumps, chutes, walls, drains, bunds, silt traps and other temporary work such as temporary round culverts necessary for the proper drainage of the site so that no flooding or other damage or disturbance is caused to areas surrounding the works or to the works throughout the duration of the contract.

2.1 WASH TROUGHS

The Contractor shall construct wash trough at all exits from site. All vehicles leaving the site shall be thoroughly cleaned by high-pressure water jets. The Contract sum shall be deemed to include for compliance with this sub-section.

2.2 PROTECTION OF EARTH SLOPES AND DRAINS

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The Contractor shall take all necessary precautions to preserve all earth slopes.

He shall construct adequate temporary watercourses and drains take other necessary steps to prevent slips from occurring. Should slips occur due to the Contractor’s neglect 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 S.O.

The contractor shall take special precaution to prevent any water from sipping into the existing swimming pool. The contractor shall bear all expenses for cleaning and make good due to non adherence.

The Contractor shall make daily inspection of the earth slope and more often if he deems it necessary or if so instructed by the S.O. He shall record the results of his inspections in the site diary. In the event of the slips occurring or in the opinion of the Contractor, may possible occur, the Contractor shall immediately report to the S.O. who shall give the necessary instruction to the Contractor.

The Contractor shall be held solely responsible for the sufficiency of the precautions taken by him to preserve the earth slopes and shall be liable for and shall indemnify the Government in respect of any claims or proceedings arising out of his neglect of this provision.

To Collection :

2.3 PROTECTION OF PUBLIC AND PRIVATE ROADS AND PROPERTIES

The Contractor shall maintain public and private approach roads, footpaths, kerbs, culvert etc. to the Site clear of mud and debris at all times.

The Contractor shall arrange for the conveyance of materials, plant etc. onto and away from the Site so as to cause a minimum of damage to existing roads, footpaths, kerbs, culvert etc.

Protect, uphold and maintain all pipes, ducts, sewers, overhead cables and other services unless earmarked for demolition during the execution of the Works.

The Contractor shall be responsible for any damage caused by his lorries or workmen to public and private approach roads to the site and adjoining properties, including that caused by his Nominated Sub-Contractors and Suppliers. The Contractor shall make good any damage caused at his own expense to the satisfaction of the S.O. or alternatively shall bear the cost of making good as a deduction from any money due to become due under this Contract.

2.4 DISCREPANCIES IN CONTRACT DOCUMENTS

The documents (including the drawings) forming the Contract are to be taken as mutually explanatory of one another.

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Discrepancy shall be referred without delay to the S.O. who may at his discretion issue to the Contractor instructions directing in what manner the work is to be carried out.

In the event of discrepancy between standard specification and particular specification, the particular specification shall take precedence.

2.5 DIMENSION

Figured dimensions on the Drawings shall be followed in all cases. Where dimensions are omitted or in doubt, the Contractor shall seek the instruction of the S.O.

2.6 DRAWINGS

The drawings used in the preparation of this Summary Of Tender are listed in Appendix `A’.

The Contractor shall be deemed to have examined the drawings prior to submission of tenders, no claims for extras consequent upon non-examination of drawings will be considered.

Before commencing work on any portion of the Works, the Contractor shall check all details and dimensions shown in the drawings and in the event of any discrepancy shall immediately notify the S.O. and obtain the necessary instruction on the correct details and dimensions to be followed.

To Collection:

2.7 FORM OF CONTRACT

The Contract shall be based on the Standard Form of Contract P.W.D. Form 203A (Rev. 10/83) based on Summary Of Tender (hereinafter referred to as `Conditions of Contract), together with the Addendum, amendments, modifications, amplification notes and supplementary clauses scheduled hereinafter.The Conditions of Contract shall be read conjointly with the Summary Of Tender (and all other documents forming the Contract.

The amplification notes, the addendum and supplementary clauses shall be read conjointly with the Conditions of Contract and shall form part of this Contract.

The Contractor is deemed to have allowed in the Contract Sum all expenses in complying with the Conditions of Contract, together with all amendments, modifications, amplification notes the addendum and supplementary clauses.

2.8 SCHEDULE OF HEADING, AMENDMENTS ANDMODIFICATIONS TO CONDITIONS OF CONTRACT

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The headings of the Conditions of Contract, with details of amendments and modifications, are given herein.

Clauses D e s c r i p t i o n1. Definitions and Interpretation2. Duties of S.O. and S.O.’s Representatives.3. S.O.’s Right to Take Action.4. Scope of Contract5. S.O.’s Instructions.5.i The Contractor’s attention is here drawn to the

requirements of this clause for S.O.’s instruction to be in writing and/or subsequent confirmation in writing of oral instruction issued.

6. Notices7. Contract Documents8. Sufficiency of Contract Documents9. Materials and Workmanship10. Unfixed Materials and Goods11. Statutory Obligation12. Fossils, etc.13. Patent Rights and Royalties14. Setting Out.15. Inspection of Site16. Employment of Workmen17. Compliance with Employment Ordinance18. Days and Hours of Working19. Foreman and Assistants20. Wages Books and Time Sheets21. Default in Payment of Wages22. Discharge of Workmen23. Access for S.O. to the Works, etc.24. Variations25. Measurement and valuation of works including Variations26. Bills of Quantities27. Sub-Letting and Assignment28. Nominated Sub-Contractor and/or Nominated Suppliers.

To Collection:

2.8 SCHEDULE OF HEADING, AMENDMENTS ANDMODIFICATIONS TO CONDITIONS OF CONTRACT (Cont’d)

28.i Clause 28 (e)(f) and (g) is deleted and substituted witha new Clause 28 (e), (f) and (g).

29. Responsibilities of Contractor for NominatedSub-Contractors and/or Nominated Suppliers.

30. Prime Cost and Provisional Sums31. Artists and Tradesmen32. Indemnities to Employer in respect of Personal Injuries

and Damage to Property. 33. Insurance Against Personal Injuries and Damage to

Property.34. Workmen’s Compensation.35. Employee’s Social Security Act, 1969.36. Insurance of Works37. Performance Bond38. Possession of Site39. Completion of Works

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40. Damages for Non-Completion41. Sectional Completion42. Partial Occupation by Employer43. Delay and Extension of Time44. Loss and Expense Caused By Delays45. Defects After Completion46. Unfulfilled Obligation47. Payment to Contractor and Interim Certificates 48. Final Certificate49. Effect of S.O.’s Certificates50. Deduction from Money Due to the Contractor.51. Determination of Contractor’s Employment. 52. Effect of War and Earthquake53. Fluctuation of Price54. Arbitration55. Stamp Duty56. Bahasa Malaysia Text Shall Prevail

2.9 APPENDIX TO THE CONDITIONS OF CONTRACT

Clauses D e s c r i p t i o n

3(a)(i) Officer (s) Empowered to Take Action on Behalf of The BHICB Respect of Clause 40 and 43, Clause 51, 52 & 54.

GROUP MANAGING DIRECTOR OF BHIC

11(d) Date of Tender To be inserted

Date for Closing of Tender As stipulated in the Tender Notice

30(d) Work covered by P.C Sums for which Contractor will be permitted to tender

Only work which the Contractor has the requisite head and subhead of registration as a Government Contractor.

To Collection:

2.9 APPENDIX TO THE CONDITIONS OF CONTRACT (Cont’d)

33. Minimum insurance cover for any one accident or series of accidents arising out of one event

RM 500,000.00Period of insurance: Contract Period + Defects Liability Period + 14 days + 3 months

33(a) Amount of excess clauses Nil

34. Minimum insurance amount based on estimated total earnings of Contractor’s workmen

10% of Builders Work

Policy No. to be submitted, Period of insurance : Contract Period + Defects Liability Period + 14 days + 3 months

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35. SOCSO Scheme registration number

To be submitted by Contractor

36. Amount to be added to full value of Contract Sum as the Insured Sum

RM:Value of Contract plus 6%

Policy No: To be submitted

Period of Insurance:

36(b) Amount of excess clause NIL

37. Performance Bond 5% of Contract Sum

Amount of Guarantee

Guarantor Bank/ To be Submitted by ContractorGuarantee No: To be Submitted by Contractor

38(b) `Date for Possession’ of site

To be Stipulated in the Letter of Acceptance

39. Date for Completion’ for whole of the works

To be ascertained based on completion period tendered

40. Liquidated and Ascertained Damages at the rate of

6.5% x contract sum 365

41. Sectional Completion Nil

45. Defects Liability Period (if none stated, then the period is six (6) months)

Twelve (12) months

To Collection :

2.9 APPENDIX TO THE CONDITIONS OF CONTRACT (Cont’d)

47(a) Value of work executed including material and goods to be delivered before first Interim Certificate will be issued

RM 100,000.00

47(a) Value of work executed including material and goods to be delivered before each subsequent Interim Certificate will be issued

RM 100,000.00

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47(d) Period for honouring payment certificate if none stated, then within thirty (30) days of the issue of the Certificate

Thirty (30) days

54(h) Appointer of arbitrator (in the event of disagreement between the parties on the appointment of any arbitrator)

Director of Regional Centre for Arbitration Kuala Lumpur

3.0 AMPLIFICATION NOTES TO CONDITIONS OF CONTRACT

A. NOTE TO CLAUSE 7 - CONTRACT DOCUMENTS

i. The Contractor shall bear the costs for additional copies of documents required by him over and above the number of copies stipulated in this Clause.

B. NOTES TO CLAUSE 9 - MATERIALS AND WORKMANSHIP

i. All the materials, goods and workmanship for the Works shall be the BEST of their respective kinds and by `best’ shall be understood that no other superior class of specified material or workmanship is available in Malaysia. All material’s goods and workmanship are to conform to the latest SIRIM Standards, British Standard or any other standards approved by the S.O. and the minimum quality acceptable.

ii. The Contractor shall be responsible for all defects in materials, goods or workmanship, whether executed by his workmen or staff, or by the workmen or staffs of any Sub-contractor, such errors or defects are to be remedied to the satisfaction of the S.O. by and at the cost of the Contractor.

iii. The Contractor is not to alter or amend any of the description of materials in these Summary Of Tender and except where expressible provided to the contrary, any offer of alternative materials will render the tender liable to disqualification.

Wherever in this Summary Of Tender any goods or materials are specified, such are to be considered as being the minimum Standard acceptable.

To Collection:

3.0 AMPLIFICATION NOTES TO CONDITIONS OF CONTRACT (Cont’d)

B. NOTES TO CLAUSE 9 - MATERIALS AND WORKMANSHIP (Cont’d)

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In the event of the S.O. allowing the substitution of any of the materials during the course of the contract, such substitution shall be accompanied by a corresponding deduction in cost unless the S.O. otherwise directs.

iv. All materials used in or in connection with the works shall be obtained from within the district or state where the Works is situated. Under no circumstance shall materials intended for use in or in connection with the Works be obtained from outside the district or state where the Works is situated unless the S.O. is satisfied that these are not procurable from the said district or state.

C. NOTE TO CLAUSE 11 - STATUTORY OBLIGATIONS ETC.

i. The Contractor shall give all requisite notices to the relevant Local Authorities and conform in all respect to their requirements and obtain all licenses and pay all fees, royalties or charges including any rates or taxes legally demandable. All cost in connection with this provision shall be deemed to have been included in the Contract Sum.

D. NOTE TO CLAUSE 14 - SETTING OUT

i. Immediately after taking possession of the site and before commencement of the work, the Contractor shall check the actual levels and dimensions against those shown on the Drawings, and in the event of any discrepancy, shall immediately notify the S.O.

ii. Allow for providing all necessary labour, rods, pegs, instruments, etc. required for setting out the whole of the works.

iii. Establish bench marks approved by the S.O. and must be tied up to an existing Government bench mark.

iv Check and confirm actual boundaries of site (where they relate to this Contract) and agree same with the relevant Local Authorities. Form and leave permanent markers (of a type to be approved by the S.O.) indicating actual confines of site.

Allow for engaging an approved Licensed Land Surveyor to perform the survey work in (ii) and (iii) above, and other survey work ordered by S.O. to be carried out from time to time for the proper execution of the whole entire Works including paying all fees and expenses.

v. The Contractor will be responsible for the accuracy of locating and positioning each pile position, where applicable. Any errors in setting out and any consequential loss to the Employer will be made good at the Contractor’s expense to the satisfaction of the S.O.

vi. Allow for providing theodolites, level and such like instruments and attendance for the S.O. in checking of levels and setting out of the Works throughout the contract period.

vii. Any assistance given by the S.O. in setting out will not relieve the Contractor of his responsibility to set out the Works accurately

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To Collection :


D. NOTE TO CLAUSE 14 - SETTING OUT (Cont’d)

viii. Records of setting out and levels taken shall be submitted to the S.O. The Contractor shall allow herein for four copies of As-Built Plans of the agreed levels and dimension signed by both parties.

ix. Records of setting out and levels taken shall be submitted to the S.O. The Contractor shall allow herein for four copies of As-Built Plans of the agreed levels and dimension signed by both parties.

E. NOTE TO CLAUSE 23 - ACCESS FOR S.O. TO WORKS ETC.

I. All persons authorised by the S.O. shall have access to the site at all times.

II. Allow for providing safety helmets, ladders or scaffolding required for the S.O.’s representative, Architect, Consultants, their representatives or such other person authorised by any of them.

F. NOTES TO CLAUSE 30 - PRIME COST AND PROVISIONAL SUMS

Under Clauses 30 of the Condition of Contract, the Prime Cost (P.C.) Sums in respect of works executed complete by Nominated Sub-Contractors are at the complete disposal of the S.O. who may deduct same wholly or in part from the Contract Sum and nominate such persons as the Employer selects to execute the works to which these P.C. Sums apply. The Contractor is to add such item where indicated for profit inclusive of establishment charges and for attendance as described hereafter.

The Contractor shall be responsible for the supervision and administration of all Sub-Contracts in accordance with the Conditions of Contract and shall arrange a progress programme with each Sub-Contractor and Nominated Sub-Contractor to permit the Contract being completed by the date for completion.

Provide all necessary exact and legible documents to all firms where it is proposed to sub-let any portion of the work. Submit for approval a list of firms he proposes to employ as Sub-Contractors for trade of Specialist items

Where lists of approved firms for particular services are provided, only firms on such lists shall be invited to tender.

The Contractor shall be responsible for the safe custody and conditions of articles or goods provided by, for the use of nominated Sub-Contractors after such articles or goods have been delivered in good condition to the site.

The Contractor is to price where indicated later in these Summary Of Tender for providing attendance upon nominated Sub-Contractors and such attendance shall include for the following:

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To Collection :


F. NOTES TO CLAUSE 30 - PRIME COST AND PROVISIONAL SUMS (Cont’d)

1. Ascertaining from Sub-Contractor all particulars relating to their work in regard to sizes, positions and order of their execution in which chases, holes, mortices and similar items are required to be formed or left and providing same (the contractor will be responsible for any additional cost incurred as a result of any omission on his part in his respect).

2. Affording free and full use of scaffolding and hoisting tackle erected. In this respect, the Contractor shall give sufficient notice to all Nominated Sub-Contractors as to when he intends to dismantle his standing scaffolding and hoisting tackle so as to provide the opportunity for the Nominated Sub-Contractors to plan for their use if they wish to do so (See also (i) in the following paragraph).

3. Providing suitable safety, health and welfare measures and amenities (including latrines, messrooms, etc.,) all in compliance with the current statutory Regulations.

4. Providing free use of suitable areas for storage of the Nominated Sub-Contractors materials, plants etc. and for putting up their temporary offices., etc.

In the event of the lack of adequate or suitable area on the unbuilt parts of the site for the use of the Nominated Sub-Contractors due to the site being built up or due to any other reason, the Contractor shall allow and provide suitable storage space within the built-up areas to the Nominated Sub-Contractors for their use.

5. Supplying all setting out information.

6. Giving all necessary dimensions and taking responsibility for their accuracy.

7. Providing adequate supply of water for the Nominated Sub-Contractors’ use.

8. Providing artificial lighting which shall be adequate and of a reasonable level of illumination to those areas where execution of their Works are being undertaken by the Nominated Sub-Contractors.

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9. Providing free temporary power supplies adequate for the Nominated Sub-Contractors’ use for execution of their Works.

10. Assisting in arranging for source of any special power supplies required by Nominated Sub- Contractors for starting, testing, adjusting, balancing and commissioning of Mechanical and Electrical Installation (See also (iii) in the following paragraph)

To Collection:


F. NOTES TO CLAUSE 30 - PRIME COST AND PROVISIONAL SUMS (Cont’d)

11. Clearing away all rubbish from site.

12. Taking full responsibilities for, and covering and protecting against all loss or damage to all executed and part executed Nominated Sub-Contractors work and all materials and goods properly brought on site or inclusion in the Nominated Sub-Contract Works, whether or not included in any certificate including keeping and rectifying all necessary joint records thereof.

It is to be noted that the Nominated Sub-Contractor will include in the Nominated Sub-Contract, inter alia, the costs in connection with the following:

i. Unloading, getting in, storing and all handling and hoisting of his materials, plant and tools into required positions.

The Contractor will however, perform this service on receipt of the Nominated Sub-Contractor’s written order to this effect undertaking to reimburse the Contractor’s reasonable charges for so doing.

ii. The provision, erection, maintenance and removal of all his temporary office and storage accommodation including paying all assessment and other charges.

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iii. Arranging for source of special power supplies required for starting, testing, adjusting, balancing, and commissioning of Mechanical and Electrical Installation, supplying and running distribution cables, leads, electrical gear, etc., required and paying for all current consumed.

G. NOTES TO CLAUSE 33 - INSURANCE AGAINSTPERSONAL INJURIES AND DAMAGE TO PROPERTY

The Contractor’s attention is specially drawn to his responsibilities under Clause 32 and 33 of the Conditions of Contract.

The Contractor shall effect and maintain a `Contractor’s All Risks Policy’ in the joint names of BOUSTEAD HEAVY INDUSTRIES CORPORATION BHD. the Contractor, their appointed Sub-Contractors and shall arrange the policy with an Insurance Company to be approved by the BOUSTEAD HEAVY INDUSTRIES CORPORATION BHD. and covering particularly the following:

i. Third Party Liability (RM500, 000.00) on any one accident and unlimited during the period of insurance and the total limit of indemnity is unlimited.

ii. Injury and damage to property real and personal.

To Collection :


G. NOTES TO CLAUSE 33 - INSURANCE AGAINSTPERSONAL INJURIES AND DAMAGE TO PROPERTY (Cont’d)

iii. Cross Liability.

iv. Extended Maintenance Cover (for Maintenance Period or Defects Liability Period and an Additional of three (3) months plus 14 days Thereafter)

v. Extension of covers of extra-charges for overtime, night work and work on Public Holidays.

vi. Automatic reinstatement of sum insured.

vii. The insurance policy must be endorsed to cover injury to the Supervising Staff, the S.O. Engineers, Quantity Surveyors, BOUSTEAD HEAVY INDUSTRIES CORPORATION BHD. and their representatives

No excess Clause shall be specified in the policy or policies in effecting the above.

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The Contractor will be required to produce all cover notes and receipts for premiums paid in respect of all insurance for the inspection of the S.O. before the commencement of any work in this Contract. Period of cover for the insurance shall be the full Contract Period and extended to cover the Defects Liability or Maintenance Period Plus an additional of three Months Plus 14 Days.

viii. Pay such contribution as have become due and remain unpaid and deduct the amount of such contribution from any money due or to become due to the Contractor.

Nothing in this Clause shall be construed to take away or to waive or any manner to modify the right of the BOUSTEAD HEAVY INDUSTRIES CORPORATION BHD. to be indemnified by the Contractor in respect of all compensation, costs and other expenses whatsoever which by reason of the Contractor’s default or otherwise become payable by the BOUSTEAD HEAVY INDUSTRIES CORPORATION BHD.under the said Legislation or other law.

H. NOTE TO CLAUSE 34 - WORKMEN’S COMPENSATION

i. The labour content shall be assessed to be not less than 25% of the costs of the Contract Sum less Preliminaries and Provisional Sums. The Nominated Sub-Contractors shall effect and maintain separate policies to cover their own worker.

To Collection:


H. NOTE TO CLAUSE 34 - WORKMEN’S COMPENSATION (Cont’d)

ii. Provided the Contractor will be required to take out any Workmen’s Compensation Insurance Policy if the Workers employed in the Works are liable for coverage under the Employees Social Security Act 1969, the Contractor shall register his employees and contribute under the Social Security Scheme (SOCSO) in the place where the scheme is implemented and comply with the provisions of the said act. He shall submit the Code Number and Insurance Number of all the workers on site to the S.O for checking.

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The Contractor shall make payment of all contribution from time to time on the first day on which the same ought to be paid and until the completion of his contract and upon demand the Contractor shall produce to the S.O the last receipt for payment of such contributions.

If any default is made by the Contractor in complying with the terms of this clause the S.O may without prejudice to any other remedy available to the BOUSTEAD HEAVY INDUSTRIES CORPORATION BHD. for breach of any terms of this Contract:

a. Withhold all payment which would otherwise be due to the Contractor under this contract and out of such money so withheld satisfy any claims for compensation by workmen that would have been borne by SOCSO had the Contractor not made default in maintaining the contribution and/or

b. Pay such contribution as have become due and

remain unpaid and deduct the amount of such contribution from any money due or to become due to the Contractor.

Nothing in this Clause shall be construed to take away or to waive or any manner to modify the right of the BOUSTEAD HEAVY INDUSTRIES CORPORATION BHD. to be indemnified by the Contractor in respect of all compensation, costs and other expenses whatsoever which by reason of the Contractor’s default or otherwise become payable by the BOUSTEAD HEAVY INDUSTRIES CORPORATION BHD. under the said Legislation or other law.

I. NOTE TO CLAUSE 35

Employees’ Social Security Act 1969

Notwithstanding anything to the contrary contained elsewhere in the Contract Documents, The Contractor shall cause all Sub-Contractors whether nominated or otherwise to comply with the requirements of the Employee Social Security Act, 1969.

To Collection:


I. NOTE TO CLAUSE 35 (Cont’d)

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Employees’ Social Security Act 1969 (Cont’d)

The Contractor shall be responsible to submit to the S.O whether demanded or not, the Employer’s Code Number of the Sub-Contractors and social Security Number, or copies of Form 2 or Form 3 if the Social Security Number are not yet available of all employees employed by them.

J. NOTES TO CLAUSE 36

Insurance of works

The liability shall be covered by a Contractor’s All Risks Policy, which also shall include all Third Party Liabilities. The insurance policy shall provide expressly for payment in the first place to the BOUSTEAD HEAVY INDUSTRIES CORPORATION BHD. of any insurance monies due under the policy. The policy shall cover particularly following:

i. Earthquake, volcanism, tsunami, storm cyclone, flood, inundation, landslide, fire, lightning, explosion, tempest, ground subsidence, etc. as stated in the conditions of Contract.

ii. Strike, riots and Civil Commotion

The insurance excludes cover for constructional plant belonging to the Contractor, If the Contractor considers that he requires additional cover of Insurance, he shall do so at his own expense.

No excess clause shall be specified in policy or policies in effecting the above

The contractor will be required to produce all cover notes and receipts for premiums paid in respect of all insurance for the inspection of the S.O. before the commencement of any work in this Contract

Period of cover for the insurance shall be for the full Contract Period Only.

K. NOTE TO CLAUSE 37 - PERFORMANCE BOND

The Contractor is required before commencement of the works, to deposit with the BOUSTEAD HEAVY INDUSTRIES CORPORATION BHD. a Performance Bond in the form of Banker’s Guarantee or Insurance Guarantee equal to five percent (5%) of the Contract Sum for the due observance and performance of this Contract.

L. NOTE TO CLAUSE 39 - COMPLETION OF WORKS

i. Time is of major importance under this Contract and completion within the contract completion period is essential. To Collection:

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L. NOTE TO CLAUSE 39 - COMPLETION OF WORKS (Cont’d)

ii. The Contractor shall adhere to Works Programme strictly and ensure that the works are completed and handed over in time. Upon completion of the Works or any section thereof the Contractor shall hand over the Completed Works or section to the Employer without obstructions.

iii. The Contractor is deemed to have allowed in the Contract Sum for all measures and contingencies they may require including provision of multiple gangs, suitable construction techniques and equipment, overtime work, standby task force, etc. in order to comply with the provision of this Clause.

M. NOTE TO CLAUSE 43 - DELAY AND EXTENSION OF TIME

i. Sub-Clause (b) - “Exceptionally inclement weather” is hereby defined as a condition of weather, which on the basis of past records could be considered as having less than 5% chance of occurring in any one year.

ii. In assessing the statistical probability of any such extraordinary condition reference shall be made to the Rainfall Statistics issued by the Department of Drainage and Irrigation, Department of Civil Aviation or Department of Meteorological Services.

N. NOTE TO CLAUSE 44 - LOSS AND EXPENSE CAUSED BY DELAY

i. Written application by the Contractor for any claim for reimbursement of direct loss and/or expense under these clause shall be made to the S.O within one-month of the occurrence of such event or circumstance which has involved the Contractor in direct loss and/or expense and shall be substantiated with all necessary evidence and details; failing which the right to claim shall be deemed to be waived by the Contractor.

O. NOTE TO CLAUSE - DEFECT AFTER COMPLETION

i. The Contractor shall liaise with the Employer and give reasonable notice of the precise dates for access to the various parts of the Works during the Defects Liability Period for the purposes of making good defects.

P. NOTE TO CLAUSE 47 - PAYMENT TO CONTRACTOR AND INTERIM CERTIFICATES

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i. Detailed lists of works done and materials shall accompany all application for progress payments on site.

To Collection:


P. NOTE TO CLAUSE 47 - PAYMENT TO CONTRACTOR AND INTERIM CERTIFICATES (Cont’d)

ii. To facilitate approval of applications for progress payments the Contractor shall submit to the Quantity Surveyor a copy of the delivery orders of all material delivered to site so as to enable the Quantity Surveyor to check and verify the material supplied.

iii. The S.O may by a certificate make any correction or modification of any previous certificate, which shall have been issued by him, and the S.O shall have power to withhold any certificate if the works or any parts thereof are not being carried out to his satisfaction.

iv. ”Material and goods” shall mean material and goods, which will be incorporated into the Works excluding all formwork material. Only 75% of the total value of material on site shall be included under Interim Certificates.

3.1 WORKING HOURS

Provide for working at night, on Sundays and on Public Holidays if he deems necessary (subject to the written permission of the 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.

If in the opinion of the S.O. the progress of the Works is behind schedule, the 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 such an S.O’s Instruction.

The Contractor shall bear all overtime supervision cost that may be incurred by the Employer due to such working outside normal working hours.

In no case shall any night work be allowed without the written permission of the S.O.

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3.2 PROTECTION OF PUBLIC AND PRIVATE SERVICES

Protect, uphold and maintain all pipes, ducts, sewers, cables and other services that are found within the site during the execution of the Works unless they are earmarked for demolition or diversion in the Contract Bills.

The Contractor is to make good any damage due to any cause within his control at his own expense or bear any costs and charges of the remedial work.If any of the public services are to be terminated or diverted the Contractor shall give notice to the relevant Local Authorities and arrange for the necessary work to be carried out.

To Collection:

3.3 UNDERGROUND SERVICES

Before commencing any excavations for the purpose of carrying out work under this Contract, the Contractor shall accompany the S.O. on a site inspection in order to consider any circumstances, which may indicate the presence of underground cables, water mains, sewers or other services at or in the vicinity of such excavations.

If necessary, before commencing work, the Contractor shall give notice to the relevant Local Authorities and arrange the temporary disconnection for diversion of such services that may be affected by the Works and shall bear all costs and expenses arising there from.

Thereafter the Contractor shall carry out the excavations in such manner and sequence as the S.O. may direct.

If during excavations the Contractor’s workmen uncover any cables, water mains, sewers or other services, work shall be stopped immediately and shall not be started again until the matter has been reported to the S.O. who will issue whatever directions he deems appropriate.

3.4 ADVERTISING

The Employer reserves the sole right of advertising upon or adjacent to the Works. The Contractor shall not allow and must ensure that no advertisement is displayed without the written consent of the S.O.

3.5 RESPONSIBILITY FOR SPECIALISTS

In the event of any specialist firms being employed by the Contractor to execute any part of the Works under this Contract, the Contractor shall take full responsibility for any damage or delay which may be occasioned by them, and shall hold the Employer exempt from the consequences of anything that may eventuate in connection with their employment.

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All such specialist firms must be properly registered and licensed by the relevant Local Authorities and approved by the S.O.

3.6 WORKS PROGRAMME

Prepare within one (1) week of the notification of acceptance of tender, a detailed works programme for the execution of the Works Submit two (2) copies of this works programme chart and subsequent revisions as required to the S.O.

The works programme shall be in sufficient detail to permit week-by-week precise comparison between the work as programmed and the actual progress of the Works.

The works programme shall not be revised except after consultation with and approval by the S.O.

A current copy of the works programme shall be available at the site office at all times for inspection by all persons concerned with the Works.

To Collection:

3.6 WORKS PROGRAMME (Cont’d)

Notwithstanding the submission and approval of the works programme, the Contractor is in no way relieved from his responsibility to complete the works by the Date of Completion or any extension of time granted in accordance to the Conditions of Contract.

3.7 INVOICES, RECEIPTS. ETC.

Produce for inspection all time sheets, delivery notes, invoices, accounts, receipts, test certificates and such other vouchers and records as the Quantity Surveyor may require in connection with the preparation of the Interim Certificates and Final Certificate.

3.8 DAILY SITE RECORDS

Maintain proper daily records on the weather conditions, number of workmen employed, quantity and type of plant in use, detailed records of material tested and generally the progress and conditions of the Contract.Such record shall be submitted weekly to the S.O.

4.0 PROGRESS PHOTOGRAPHS

Provide ten (10) sets of progress photographs of the Works comprising ten (10) negatives together with postcard colour prints showing different views of the work taken (by a professional photographer) at monthly intervals during the currency of the Contract. The photographs shall be properly serialised, titled and dated indicating the positions where they are taken and endorsed by the Contractor.

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Before commencement of the work, ten (10) views of the site are to be taken and submitted to the S.O. for distribution as required.

The Contractor shall also provide the necessary albums for safe keeping of the progress photographs and to produce receipts of payment for reimbursement.

4.1 PROGRESS REPORTS

Submit to the S.O. fortnightly progress record indicating individual component progress made in the preceding two weeks. 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.

The reports shall also cover number of workmen employed, material delivered, the extent and type of plant employed, weather conditions, etc. and other site activities in the preceding two weeks.

4.2 SITE MEETINGS

The Contractor’s authorised representative, his site agent and/or his site staff shall be required to attend all site meetings called by the S.O.

The Contractor shall arrange for the attendance at the appropriate times of the senior representatives of all Sub-Contractors and Suppliers, nominated or otherwise.

To Collection :

4.3 SITE MANAGEMENT AND SUPERVISION

Provide for all and off site management and supervision including Site Engineers and all necessary clerical and supporting personnel.

Submit within two weeks of the notification of acceptance of 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 changed without prior approval from the S.O.

The Contractor shall designate a Site Agent who shall be a qualified Engineer with a minimum of three (3) years experience in civil and structural and infrastructural works. The site agent will provide all necessary superintendence over the whole site operation for the full duration of the Contract and as long thereafter as the S.O. may consider necessary for the proper fulfillment of the Contractor’s obligations under the Contract.

All site management personnel must be present on site during working hours, working overtime and whenever necessary.

4.4 PLANT AND EQUIPMENT

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Provide all necessary plant for the proper execution of the works such as:

i. Mechanical plant and vehicles

ii. Non-mechanical plant

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.

Obtain the written approval and certificates from the relevant Local Authorities for all mechanical plant used on site and ensure that the validity of such certificates is maintained throughout the period of use. Copies of all such certificates shall be submitted to the S.O.

Provide the S.O. from time to time with up-to-date lists of all the mechanical plant on site.

The Contractor shall maintain the plant during the currency of the Contract and remove at the completion of the works. All plant and machinery shall not be removed from the site without the consent in writing of the S.O. which shall not be unreasonably withheld.

4.5 LABOUR-ON-COSTS

Provide for all costs in respect of workmen, as applicable, for:

i. Annual and public Holidays

ii. Traveling time and expenses, such as fares and transport.

iii. Non-productive time and other expenses in connection with overtime.

iv. Incentive and bonus payments

To Collection:

4.5 LABOUR-ON-COSTS (Cont’d)

v. Any other disbursements arising from employment of labour, e.g. SOCSO

Complying with all Safety, Health and Welfare Regulations pertaining to all Workmen employed on the site.

4.6 FIRST AID KITS

Provide first aid kits at suitable locations on the Site and instruct an adequate number of persons in their use.

4.7 EMPLOYMENT OF FOREIGN WORKERS

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Every effort must be made by the Contractor to employ Malaysian citizens for the Works. If foreign workers are to be employed the Contractor shall be responsible for their entry strictly in accordance with the requirements of the relevant immigration laws and regulations. He shall also be responsible for obtaining their work permits from the relevant Authorities. The Employer absolves himself from all responsibility pertaining to this matter.

4.8 ORDERING OF MATERIAL

The Bills of Quantities are not to be used as the basis for ordering any material.

Place orders for specified material at the earliest possible date after notification of acceptance of tender. Produce at the S.O.’s request records to show that these orders have been placed and shall make every effort to ensure that there are no shortages of material during the progress of the works.

Immediately inform the S.O. should there be any delays in delivery and where possible, suggest alternative sources of supply.

If the Contractor fails for any reason to supply any material which 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. If the Employer supplies such material the cost in respect thereof to be borne by the Contractor shall be:

Eitherthe current market ratesOrthe actual cost to the Employer at the date of supply, including overhead and any other charges,

Whichever is the GreaterThe cost to be borne by the Contractor as detailed above shall be deducted from money due or to become due to the Contractor under this Contract and the Contract Sum shall be adjusted accordingly.

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.

To Collection:

5.0 SAMPLES

Submit samples of materials and goods to the S.O. and obtain his written approval before ordering in bulk.

Sample panels of proposed materials and workmanship should also be submitted to the S.O. for his approval.

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The approved samples shall be kept by the S.O. who shall reject all such materials and goods and condemn such workmanship that does not correspond with the approved samples.

5.1 SUBSTITUTE MATERIAL

If during the course of the Contract certain material required for use in the Works should be unobtainable despite the efforts of the Contractor, then he may offer substitute material for the approval of the S.O. These substitute material although not complying fully with the specification must nevertheless be suitable and appropriate for use in the Works. Acceptance or rejection of such substitute material shall be at the sole discretion of the S.O.

In the event of acceptance of the substitute material a suitable price reduction shall be made in respect of decrease in quality or value, but no price addition shall be made in respect of increase in quality or value.

In the event of rejection of the substitute material the Contractor shall not be relieved of any of his obligations under this Contract and he shall be solely liable for any delay and loss occasioned by his failure to provide material as specified.

5.2 TEMPORARY WATER SUPPLY

Provide all necessary water for use in Works by tapping from the JBA water main. It shall be clean, fresh and fit for drinking. Provide all temporary connections, pipes, fittings, storage tanks, meters, etc., including liaising with the Local Authorities and clear away and make good on completion and pay all costs and charges in connection therewith.

5.3 ABATEMENT OF POLLUTION

The Works shall be carried out in such a manner as to minimise noise, vibration, dust, smoke and other nuisance that may disturb the occupants of adjoining properties and the public.

Waste and debris arising from the Works are to be sprinkled with water to prevent dust arising and all proper screens, dustsheets etc. shall be provided.

Take all necessary measures to prevent the entry of oil, paint or other deleterious material from the site into any new or existing drainage system, natural watercourse or pond. Should such materials foul any drainage system or watercourse the Contractor shall clean up the drainage system, watercourse or pond at his own expense.

To Collection:

5.4 PREVENTION OF MOSQUITOES BREEDING

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Provide labour, materials and equipment for the following mosquito prevention measure:

i) All excavation and portion of site where water stagnates or accumulations shall be kept dry by pumping, baling or other suitable operations

ii) Take precautions as may be deemed necessary or desirable by the S.O. for the prevention of breeding of mosquitoes and pay all charges as may be required by Local Authorities concerned for any anti-malaria, anti-dengue measure taken.

iii) Refrain from dumping or depositing rubbish, spoil, unused materials, empty bottles, cans and other containers capable of collecting liquid which afford breeding places for mosquitoes. Contractor shall be held responsible for mosquitoes nuisance at site and surroundings arising from non-observance of the provision of this Clause and will be required to employ whatever mosquito destructive measures directed by S.O. at the Contractor own expense.

5.5 TEMPORARY ROADS

Provide and maintain all necessary temporary roads, hardstandings, culverts and crossings within the site. Remove same when no longer required and reinstate areas of ground disturbed.

The Contractor shall ensure that none of the aforementioned temporary work shall obstruct or impede the drainage systems.

5.6 EXISTING ROADS AND TRAFFIC SAFETY

Maintain all existing streets, roads (including side tables, pedestrian walkways, culverts, kerbs, etc.) adjacent to the site and keep the approaches to the site clear of mud and obstruction. All such roads and streets must be used only for the passage of vehicular traffic. Under no circumstances may they be used as a temporary storage area.

Arrange for the conveyance of material, plant. etc., so as to cause a minimum of damage to existing streets and roads.

The Contractor shall be responsible for any damage caused by his or his sub-contractors or his suppliers transport vehicle or workmen to any existing streets and roads and shall repair or reinstate same to their original condition to the satisfaction of the S.O. or alternatively shall bear the cost of such repair or restoration.

Provide, maintain and remove on completion all necessary temporary traffic guide rails, fences, signs, warning lamps, lighting, etc., for the safety of all pedestrian and motorists and requirement of the Traffic Control Authorities.

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To Collection:

5.7 CONTRACTOR’S STORAGE, WELFARE AND OFFICEACCOMMODATION

Erect and maintain on the site in positions directed by the S.O. adequate, secure and watertight temporary buildings for use during the execution of this Contract to the approval of the S.O. and Local Authorities. Pay all fees and charges.

Provide watertight sheds for the storage of material, plant, tools and tackle and for the use of workmen on site. The contractor shall liaise with the S.O. for the provision temporary site office for the duration of the works.

No accommodation for workmen (kongsi) will be allowed on the site. The contractor shall provide accommodation for his workman off site, as he deemed appropriate.

Alter, shift and adapt all temporary structures from time to time as necessary and remove on completion. Make good all areas disturbed including reinstatement to original condition after removal of temporary buildings and facilities.

5.8 TEMPORARY LIGHTING

Provide all necessary artificial lighting for use on the works. Provide all temporary cables, mains, sub-mains, wirings, fittings, etc. for the above, clear away and make good on completion and pay all fees and charges.

5.9 TEMPORARY ELECTRICITY SUPPLY

Provide and maintain all necessary temporary electricity and power supply for the Works. The temporary supply shall comply with the requirements of TENAGA NASIONAL BERHAD (T.N.B.), and their written approval must be obtained.

The supply shall have sufficient capacity to meet the power requirements of the whole of the Works inclusive of mechanical and electrical services (including testing) as well as Contractor’s plant and equipment.

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 and TNB liaison.

The Contractor shall arrange special supply of sufficient power for testing of mechanical and electrical services included in the Works.

6.0 CLEANING THE WORKS AND HANDING OVER

The Contractor shall on completion of the works, remove as quickly as possible and convey away from the site at his sole cost, all plant and surplus materials except those ordered to be left on the site together with all rubbish and debris.

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All services and leads, temporary buildings, sheds, barriers, scaffolding, etc. required in the construction are to be disconnected, dismantled and removed as directed by the S.O. On completion of the works and before handling over, the Contractor shall

To Collection:

6.0 CLEANING THE WORKS AND HANDING OVER (Cont’d)

i) Completely remove all debris and rubbish within the buildings, around the apron and in all the drains and gutters and cart away from the site;

ii) Remove all paint spots from floors, walls, hardware, glass, etc.;

iii) Clean and polish all glass, glazed tiles and stainless steel surfaces;

iv) Ease all doors, windows, cupboard doors and drawers to facilitate each movement;

v) Touch up all paint surfaces;

vi) Check and adjust all locks;

vii) Ensure that all services and equipment are functioning efficiently and to the approval of the S.O.;

viii)Wash, clean, dry and polish all floor finishes (additional to previous polishing);

ix) Hand over keys of all doors to the Superintending Officer. Keys shall have identifying tags attached;

x) Leave the building and the surroundings clean, tidy and ready for immediate occupation.

6.1 TRAFFIC CONGESTION AROUND SITE

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.

6.2 SAFETY REGULATIONS

The Contractor shall initiate and enforce compliance of all safety measures for workmen and public as stipulated by:

i. Factories and Machinery (Fencing of Machinery and Safety) Regulations.1970;

ii. Factories and Machinery (Safety, Health and Welfare) Regulations, 1970 and

iii. All other relevant safety-at-work legislation and regulations.

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The Contractor is to serve any notice required not later those seven (7) days before the commencement of work.

The Contractor shall ensure that proper precautions are taken to reduce the risks of fire to temporary existing buildings whilst the building is under construction.

Buildings debris should be removed periodically and storage of inflammable goods and fuel are properly stored. Allow for the provision of fire extinguishers and take relevant precautions as may deem necessary or desirable by the S.O.

To Collection :

6.3 TEMPORARY MECHANICAL VENTILATION

Provide where necessary temporary mechanical ventilation to all enclosed work areas for the safety of the workmen.

6.4 PROTECTIVE HELMETS, BOOTS, ETC.

Provide and maintain ten (10) Nos. protective and safety helmets, ten (10) Pairs Wellington boots, five (5) Nos. measuring tapes, all necessary safety shoes and equipment for all the workmen, Contractor’s site management personnel, clerk-of-works, Consultants and their representatives and all authorised visitors to site.

6.5 LIABILITY OF FLOODING

The Contractor’s attention is drawn to the location of the site and its existing levels relative to the surrounding and adjacent areas and he is to determine the periods during which the site is liable to flooding and to take and allow for the necessary precautions so required to avoid any delays/damage to the Works caused thereby.

6.6 EXISTING TREES AND VEGETATION

Generally any trees, shrubs, bushes and all vegetation, etc. within the site are to be cleared away. However, where there are trees (located within or close to the site) which are to be preserved, the Contractor is to take all precautions to protect them from being injured.

Where these trees are to be felled, including cutting off branches and foliage protruding into or causing obstruction to the carrying out of works, the Contractor is to obtain the required permissions etc. in connection thereto from the relevant Authorities and to pay all charges involved.

6.7 METRICATION

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If any material described in the Contract or ordered by the S.O/Architect are described by dimensions in the metric or imperial measures and the Contractor cannot in accordance with the Contact procure such materials in the measure specified in sufficient time to avoid delay in the performance of his obligations under the Contract but can obtain such materials in the other measure to dimensions approximating to those described in the Contract or ordered by the S.O/Architect then the Contractor shall forthwith give notice to the S.O./Architect of these facts stating the dimensions to which such materials are procurable in the other measure.

As soon as is practicable after the receipt of such notice under preceding sub-clause the S.O./Architect shall give an order to the Contractor pursuant to Clause 13 of the Conditions of Contract hereof which shall either:

a. direct the Contractor to supply such materials to the dimensions stated in his said notice to be procurable instead of the dimensions described in the Contract or originally ordered by the Engineer

To Collection:

6.7 METRICATION (Cont’d)

b. Direct the Contractor to make some other variation whereby the need to supply such materials to the dimensions described in the Contract or originally ordered by the S.O. will be avoided.

Any extra costs, expenses and time involved in pursuant of this Clause shall be borne solely by the Contractor.

The provisions of this Clause shall apply irrespective of whether the materials in question are to be supplied in accordance with the Contract directly by the Contractor or indirectly by a Nominated Sub-Contractor or Nominated Supplier.

6.8 OFFICE FOR SUPERVISORY STAFF The Contractor shall liase with the S.O the location of temporary site office for use of S.O. and S.O.’s representatives. The site office shall consist of meeting room, officer’s room and store.The office shall be submitted as follows :i) Meeting Room

· 1 No. Meeting Table size 2.4m x 1.2m

· 16 Nos. Chairs (Low back chair model : Hillie 6001)

· 2 Nos. Drawing Racks (Artwright)

· 1 No. Notice Board (softboard)ii) Office Room (2 No) each consisting of

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· 4 No. Table size 1.35m x 0.9m

· 12 Nos. Chairs (Artwright executive chair model : EX20)

· 1 Nos. White Board size 0.90m x 0.60m with pen (marker)

· 1 No. Filling Cabinet Model : Lion 44P

· 2 Nos. ‘Artwright’ Drawing Hanger complete with 20 pcs of plan hanger

The sum allowed is to include all fees for conservancy, water and electricity charges, deposits etc.

The office, fittings and accessories shall become the property of Contractor on completion of the works including paying all water, electricity and other charges.

To Collection:

6.9 TELEPHONE CUM FACSIMILE MACHINE

The Contractor shall provide a telephone cum facsimile machine for the sole use of the S.O. in connection with the supervision and administration of the Contract and pay for all installation, rental and call charges and disconnecting and terminating the service with STMB at the end of the Contract. The Contractor may only use the telephone with the permission of the S.O.

The Contractor shall also provide maintenance to the equipment and paper throughout the duration of the Contract.

7.0 ROYALTIES AND PATENT RIGHTS

The Contractor shall pay all royalties and expenses and be liable for all claims in respect of the used of patent right whether in Malaysia or elsewhere for or in connection with any article supplied under this Contract and shall indemnify the Employer against any claims arising there from.

In the event of any claim being made or action brought against the Employer, the Employer shall be immediately notified thereof and the Contractor shall, at his sole expense conduct all negotiations for the settlement of the same or any litigation that may arise therefrom.

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7.1 SIGNBOARD

Provide and erect in a prominent position approved by the S.O. signboards painted and lettered to S.O.’s approval and maintain, dismantle and remove the same on completion.

7.2 INVOICES, RECEIPTS, ETC.

The Contractor shall at all times give every reasonable assistance to the S.O. When requested, the Contractor shall produce for inspection/retention all time sheets, delivery notes, invoices, accounts, receipts, test certificates and such other vouchers and records as the S.O. may require in connection with the Contract and in the preparation of the Final Account.

7.3 PRESS STATEMENTS

The Contractor, his workmen or agents will not make any public or press statements of any form or description which are exasperate and detrimental to the interests of the BOUSTEAD HEAVY INDUSTRIES CORPORATION BHD., supervisory staff or any Consultants connected with this contract nor will divulge any information to the public concerning this contract before or after the completion of the works.

To Collection:

7.4 AS-BUILT DRAWINGS

The Contractor shall provide to the S.O.’s office, 3 sets of approved as-built drawings and 3 sets in CD including the original set within three (3) months after completion of the Works.

All drawings shall be A1 size (838mm x 584mm) unless otherwise approved by the S.O. or his Representative. The Contract price shall be deemed to include the cost of preparation, supply and delivery of all drawings and formations.

7.5 CIDB, LAW, REGULATIONS AND REQUIREMENTS

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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 L1/96 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, not less than 14 days before the commencement of the works, whichever date is earlier.

7.6 PROVISION OF EQUIPMENTS TO THE S.O

A) Site Vehicles

i) The Contractor shall provide the transport within thirty (30) days from the Acceptance of Tender the following vehicles for the S.O. and his authorized representative until the issuance of Certificate of Making

a) One (1) no. four wheel drive with full specification with petrol card of RM500 per month for the whole duration of the Contract. The 4WD must not be more than 2 years and must be in good working condition. The vehicle proposed must be approved by the S.O.b) Four (4) no. motorcycles with full specification including full maintenance during the contract period

ii) The vehicle provided must be in a good working condition and the contractor shall pay all road tax, insurances (comprehensive cover for the said vehicles, all fuel bills, maintenance, repair and servicing expenses and ensure that the vehicles is, in the opinion of the S.O., in a road worthy condition during the aforesaid period.

iii) In the event that the vehicle is lost, destroyed or damaged beyond repair or become unavailable for use, the Contractor shall within seven days of occurrence of such an event promptly replace the vehicle(s) with another equivalent vehicle which satisfies the requirement of this Clause.iv) When the Contractor requires the vehicle for maintenance or repair for more than two (2) consecutives days, he shall provide the S.O. with an alternative vehicle until the original vehicle is return for use by the S.O.v) If the Contractor fails to provide the vehicle as required under this clause the employer shall have the right to procure and maintained the transport from other sources and all expenses arising shall be borne by the Contractor.

vi) On completion of the Works, unless otherwise stated, the vehicle and all its accessories shall become the property of the Contractor.

To Collection:

7.6 PROVISION OF OFFICE EQUIPMENT TO THE S.O (Cont’d)

B) Provision of Notebook For The S.O Provide within (30) days from the date of the Letter of Acceptance one (1) nos DELL 9150 Dimension Computer system or other equivalent as detailed below. The Contractor shall provide and maintain the equipment and supply all consumable as required at all time (3 years warranty).

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The contractor shall liase with the S.O regarding placement of the equipment. Each set of computer system shall comprise of and be supplied completed with requirement as listed below:-

i) DELL XPS M1210 Intel ® Core ™ Duo T2300 notebook- 80 GB* Ultra ATA Hard Drive

Dell ™ Wireless 350 Bluetooth ModuleTargus Wireless Mini turbo Rechargeable Stow-away Mouse2GB USB Memory Key

- Internal 56K External ModemRJ-11 Modem Cable (AP)

- SoundBlaster Live Plus Platinum Sound Card 128MB RAM (min)- 156MB DDR NVIDIA Qaudro FX Go 350M- Altec lansing Speaker 400 walts- 15.4” WUXGA Displayii) Original Software: - - Norton ™ Internet Security ™ 2008 or latest Edition-OEM

Version- Genuine Microsoft Windows Vista- Licensed Microsoft Office Professional Edition 2007 or latest

Edition - Licensed Microsoft Project (latest Version)- Licensed AutoCAD LT2007 or latest Edition iii) Other Peripherals: -- I unit D-link 10/100 fast Ethernet Switch 24 port model DES-

1266RWith all accessories

- MARATHON backup power supply – 2000VA- USB Backup Storage 500GB Maxtor one touchiv) Printer with network Interface: -- One (1) unit A4 Printer HP Colour Laser jet 2600 TN- One (1) unit A4 Printer HP B&W Laser jet 1320

C) Provision of telephone bills Contractor is to allow for paying 5 no handphone bills at RM 150.00 for each handphone per month during the duration of the contract for the used of S.O.’s site representatives.

7.7 TEMPORARY HOARDING

Provide and maintain all necessary hoarding, fences, notices and the like for protection of the works, from damage, dust and inclement whether in accordance with the requirements of the S.O. and the Authorities, for the protection of the Public and the occupants of adjoining properties, alter, shift, and adapt from time to time as required by the S.O. all as per drawing No. RH1541/ARCH/DET/007

To Collection:

From Page No. PRELIM/ 1 ............................................................................................................


AS2/08 F/ BILL 1 35



(RM)






























TOTAL PRELIMINARIES & GENERAL CONDITIONS CARRIED TO

GENERAL SUMMARY OF TENDER ON PAGE C/1

AS2/08 F/ BILL 1 36