PRELIMINARIES

ITEM
DESCRIPTION
NO.

GENERAL CONDITIONS AND PRELIMINARIES APPLYING TO THE

WHOLE OF THE WORKS
PRELIMINARY PARTICULARS
A Generally

(a) The Preliminaries items included hereunder apply to the whole of the works contained
in the Contract Documents and the Contractor must allow for complying with same and
for any cost incurred in connection therewith. The amounts inserted by the Contractor
for such Preliminaries items shall be deemed to apply to the whole of the works carried
out under the Contract.The Contractor shall be deemed to have allowed against each
item or in his rates for the cost of complying with all the requirements of these
Preliminaries.

The monetary value of any items left unpriced shall be deemed to have been included
in the rates or prices for each item of work in the Bills of Quantities.

For the basis of progress payments only, the following basic principles shall be adopted
for Preliminaries items:-
i. Generally the costs of the Preliminaries Items less initial and final cost shall
be related to the actual percentage of physical work executed.

ii. Only in certain cases, Preliminaries Items shall be paid as a lump sum at a
defined time in the Contract period.

The methods for paying Preliminaries Items shall be at the discretion of the S.O. It shall
be the Contractor’s responsibility to provide all information required by the S.O. to
substantiate the initial cost and to provide detail working of Preliminaries Items build up
when requested by the S.O.

(b) The term "approved" whenever used in these Bills of Quantities shall mean approved
by the Architect named in the Articles of Agreement.

(c) The term "Superintending Officer" or "S.O" wherever used in these Bills of Quantities
shall mean the Architect.

B Fluctuations of Prices
(a) This is a firm price Contract and the Contractor shall allow for any fluctuation in the
price of labour, materials, constructional plant, fuel, contributions, duties, levies, taxes,
temporary works, transport or otherwise howsoever which may occur during the period
of the Contract.

(b) All rates and sums contained in the Bills of Quantities shall be deemed to include for
such provisions.

(c) Similarly, the contract sum shall not be adjusted if any type of contribution, duty, levy or
tax ceases to be payable by the Contractor or if any new type of contribution, duty, levy
or tax becomes payable by the Contractor.

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PRELIMINARY PARTICULARS (CONT'D)

A Form of Tender
In the event the total on the General Summary of Tender is different from the total in the
Form of Tender, the amount as in the Form of Tender shall be taken as the true and
confirmed offer by the Tenderer of the Tender Sum.

B Contract Documents
The priced Bills of Quantities together with the Articles of Agreement, Conditions of
Contract, Form of Tender, Letter of Acceptance, Drawings and approved Work Programme
will form the Contract Documents.

C Bills of Quantities
All items in these Bills of Quantities shall be priced in detail and not grouped together as total
prices for any trade or section and all like items shall be priced at similar rates.

Where any items in these Bills of Quantities are either unpriced or have dashes or other
suitable marks placed against them, it shall be deemed that the price has been included in
the rates of accompanying work and shall be deemed to be included in the Total Tender
Price indicated in the Form of Tender.

These Bills of Quantities shall be priced, extended and totalled in ink. The total amount of
these priced Bills shall be the same as the tendered sum.
These Bills of Quantities shall not to be used for the purpose of ordering any materials.

THE QUANTITIES SHALL BE TAKEN ABSOLUTELY NETT unless otherwise stated. The
rates shall be the full inclusive value of the finished work shown on the drawings and/or
described or implied in these Bills and shall be deemed to include for the supply of materials
including cutting and waste, unloading, storage, packing, carriage and cartage, hoisting; all
labour for fabricating, setting, fitting in position, use of plant, fuel, supervision, establishment
charges; duty, profit and any other expense and everything else necessary for the due and
proper completion of the Works.

The prices in these Bills of Quantities shall also include for all holiday and sick pay, travelling
and lodging expenses, fares, tool money, payroll tax, E.P.F. and S.O.C.S.O. contributions, C.
I.D.B. levy, inclement weather and dirty work and all other allowances payable to workmen;
duty and any other taxes and costs on the job, overhead and administrative costs.

D Provisional Quantities
The Contractor shall take note that whenever the term `Provisional’ appears in the measured
items of the Bills, it shall mean that the quantities as provided against the measured items in
the Bills are only approximate allowance and they shall be subjected to re-measurement on
site prior to the covering up of the Works in order that the actual quantities for the Works can
be accurately determined for the valuation of monthly interim certificate of payment and the
settlement of Final Account.

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PRELIMINARY PARTICULARS (CONT'D)

Provisional Quantities ( Cont'd )
In the event where the Works have been covered up prior to the site measurement by the
Quantity Surveyor or authorised S.O.’s representative, then the Contractor shall at his own
expenses be required to open up the Works for the Clerk-Of-Works or Quantity Surveyor in
presence of the Contractor to take site measurements, failing which, the Quantity Surveyor
shall have the full discretion in determining the quantities of the Works which have been
covered up.

All rates and/or prices as inserted by the Contractor against the items with provisional
quantities shall remain fixed irrespective of any omission or addition in quantities arising out
of re-measurement on site and there shall be NO claim by the Contractor for direct loss
and/or expense and/or loss of profit resulting from the re-measurement of the provisional
quantities whether it affects the Contract Sum or not.

A Method of Measurement

The measured works section of the Bills Of Quantities have been prepared generally in
accordance with the principles of the Standard Method of Measurement of Building Works for
use in Malaysia, First Edition (metric), March 1976 published by The Institution of Surveyors
(Malaysia). This method of measurement shall be adopted for the preparation of any
variations or remeasurement.

Departures from the Standard Method of Measurement have however been adopted in
certain measurements and in the detail compilation of the Bills Of Quantities and such
departures, which the Contractor shall be deemed to have noted, shall be accepted by the
Contractor for this particular Bills Of Quantities. The Contractor shall allow here for any cost
in connection with this matter. Any such departures shall not vitiate the Contract.

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 PRELIMINARIES

PRELIMINARY PARTICULARS (CONT'D)

A Alterations to Text
(a) The text of the Bills of Quantities shall not be altered in any way by the Tenderer.Any
alternation, addition or note made by him will not be recognised and the text of the Bills
of Quantities as originally prepared by the Quantity Surveyor will be strictly adhered to.

(b) The amount appearing as the total of the General Summary of Tender at the front of
these Bills and marked "Carried to Form of Tender" shall be transferred to the Tender
Form, Ringgit and Sen, without any alteration or rounding off.

B Errors in Extension and Costs

Should the Contractor make any errors in his extensions or costs or in carrying forward to or
in costs of the Summary, such errors shall before the signing of the Contract, be so rectified
and adjusted that when correctly calculated, the total of the General Summary shall
represent the same amount as that on the Form of Tender. The nett aggregate amount of
such errors, whether a nett deduction or a nett addition, will be calculated as percentage
adjustment in the General Summary. All units rates throughout the document shall be
subject to such percentage discount or premium as the case may be and the adjusted rates
shall be used for the assessment of variations under the Contract. Provisional and Prime
Cost Sums are excluded from this adjustment and shall not be subjected to such percentage
discount or premium.

C Abbreviations
Abbreviations where used in the context of the Bills of Quantities shall have their full
meanings assigned against them in brackets:-

M3 (Cubic Metre)
M2 (Square Metre)
M (Lineal Metre)
mm (Millimetre)
No. (Number)
T. (Metric Ton)
g. (Gramme)
Kg. (Kilogramme)

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PRELIMINARY PARTICULARS (CONT'D)

Abbreviations (Cont'd)

M.S. - The latest Malaysian Standard Specifications issued by the

Standard and Industrial Regulation Institute Malaysia.

B.S. - The latest standard for a particular building material or

component issued by the British Standards Institution.

C.P. (BS) - The latest British Code of Practice issued by the

Council for Codes of Practice, British Standards
Institution.
C.P. (CE) - The latest Civil Engineering Code of Practice issued
by the Institution of Civil Engineers.
S.W.G. - Imperial Standard Wire Gauge.

A Warranty

The Main Contractor with his specialist and / or Nominated Sub-Contractors / Suppliers shall
inter alia, jointly and severally warrant materials and workmanship of the following works and
any other works required throughout the Bills of Quantities. Period of commencement of the
warranty shall be from the date of Practical Completion of the Works. The deed to warranty
shall be subject to S.O approval.

All Warranties shall be executed under seal.

Period of Warranty
a) Waterproofing works (against leaks and defects in Ten (10) years
workmanship and materials)
b) Anti-termite treatment Two (2) years
c) Materials, plant, equipment and others as specified As specified
and directed by the Architect
In the event the warranty shall expire after the Defects Liability Period, the Contractor shall
rectify or replace any faulty good or material within any such time the warranty is still valid.

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PRELIMINARY PARTICULARS (CONT'D)

A Selection of Sub-Contractor and Suppliers

The selection of Sub-Contractors and Suppliers proposed by the Contractor to be employed
on the Works shall be submitted to the S.O. and the Employer for their express written
approval before the Contractor can confirm their employment or their supply. It is the S.O.'s
and the Employer's right not to accept the employment of a Sub-Contractor or Supplier and
not to give any reasons whatsoever with regard to a rejection of a Sub-Contractor or
Supplier. Before approval by the S.O. and the Employer, particulars of each proposed Sub-
Contractor or Supplier shall be submitted to the S.O.

B Tender Bond (Earnest Money)

The Tender Bond or Earnest Money will be forfeited to the Employer without prejudice to any
other rights the Employer may possess, in the event the Contractor, within the period stated
on the Form of Tender for which the tender will remain open, withdraws his tender or having
been awarded the Contract, seeks to impose additional terms, conditions or stipulations, or
refuses to proceed with the Works or refuses to execute the formal Contract or fails to
provide the Performance Bond required by the Contract. Upon signing the Contract, the
Tender Bond will be fully refunded to the successful Contractor.

C No Alternative Terms, Conditions and Requirements

The Tender must be submitted strictly in compliance with the terms, conditions and
requirements of the Bills of Quantities and any Addenda which may be issued by the S.O.
No unauthorised alternation shall be made by the Tenderer to the Form of Tender or the Bills
of Quantities, or any Addenda issued to him.

D Submission of Tender

(a) Only authorised representatives of the Company can sign the Bills of Quantities. Power
of Attorney or certified copies thereof granting authority to sign shall be enclosed with
the Tender.

(b) Where documents to be signed by the Tenderer extend beyond one

page, each page of the individual forms must be initialled by the Tenderer.

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PRELIMINARY PARTICULARS (CONT'D)

A Addenda
Prior to the date of submission of the Tender, the S.O. may issue addenda to clarify or
modify the Bills of Quantities in part or in total. Every addendum issued will be distributed to
the Tenderer and shall become part of the Bills of Quantities. Receipt of each addendum
must be acknowledged on the form issued with the addendum.

B Oral Interpretations
Oral Interpretation of the Bills of Quantities requested and received by any Tenderer shall not
be considered to modify any of the provisions of the Bills of Quantities. Any clarification or
modification to the Bills of Quantities shall be made in writing by the S.O. in the form of
addenda as described above.

C Currency for Tender and Payment

The prices quoted in the tender shall be in Malaysian Ringgit ("RM"). Payment will bemade
in accordance with the Conditions of Contract, in Malaysia; and in Malaysian Ringgit, unless
otherwise stated elsewhere in the Contract Documents.

D Jurisdiction According to Malaysian Law

It shall be understood that any foreign tenderer who participates in any manner in the Tender
consents to submit to the jurisdiction of any court or tribunal of competent jurisdiction in
Malaysia on any question or matter arising from the Bills of Quantities, award and
implementation of the Contract and binds himself to accept the judgement or order of any
such court or tribunal of competent jurisdiction.

E Banker's Guarantee (Performance Bond)

The Contractor is to provide an irrevocable guarantee in the form of a Banker's Guarantee
for 5% of the Contract Sum for the due performance of the Contract within fourteen (14) days
from the date of acceptance of tender or Pre-Site Possession whichever is later. The
Contractor is to note that the guarantee to be provided shall cover any authorized extension
of time and shall remain valid up to the issuance of the Certificate of Making Good Defects at
the expiry of the Defects Liability Period.

In the event of the Contractor's failure to perform the Contract due to bankruptcy or any other
reason, the amount of the Performance Bond will be utilized to off-set any additional costs or
expenditure incurred by the Employer in completing the Works.

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PRELIMINARY PARTICULARS (CONT'D)

A Name of Parties

The names of the parties to be inserted in the Articles of Agreement are as

follows:-
Employer : Mika Development Sdn. Bhd.
No. 2 Jalan 3 Kosmopleks
Bandar Baru Salak Tinggi,
43900 Sepang, Selangor Darul Ehsan
(TEL : 03- 8705 0500) (FAX : 03- 8705 3113)
Architect : Teratas Reka
Suite 12-26, Tingkat 12, Plaza Azalea,
No. 6, Persiaran Bandaraya, Seksyen 14
40000 Shah Alam
(TEL : 03- 5480 0470 FAX : 03- 5480 0472)
Civil & Structural : Perunding Trussmaju
Engineer 8-2B, Jalan Boling Padang E13/E,
Seksyen 13, 40100 Shah Alam,
Selangor Darul Ehsan
(TEL : 03- 5511 6982 FAX : 03- 5511 0620)
Mechanical and : Perunding J N Sham
Electrical Engineer No. 14-1, Jalan 3/146,
Bandar Tasik Selatan,
57000 Kuala Lumpur
(TEL : 03- 9057 3994 FAX : 03- 9057 3996)
Quantity Surveyor : Riwways Enterprise
(TEL : 0133409389 )

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PRELIMINARY PARTICULARS (CONT'D)

A Insurances

The successful tenderer (if any) shall be notified of his tender by a letter (referred to as the
"Letter of Acceptance") within the Tender Validity Period or any extended period thereof.
The said tenderer shall as soon as is practicable but before the commencement of the Works
deposit with the S.O. the following:-

(i) Performance Bond/security deposit amounting to 5% of the contract sum.

(ii) Contractor's All Risk Policy (i.e. insurance against injury to persons and damage to
property) or Cover Note together with original receipt of premium paid in respect
thereof,
(iii) Registration numbers under the Employee's Social Security (SOCSO) Scheme, and/or
(iv) Insurance Policy for Workmen's Compensation or Cover Note together with original
receipt of premium paid in respect thereof.
The said tenderer shall also within fourteen (14) days from the date of acceptance of tender
deposit the Insurance Policies for the Works and within a reasonable time thereafter execute
the contract agreement.

B Description of Site
The site is located on LOT 3108 Rancangan Tanah Labu Lanjut, Mukim Labu, Daerah
Sepang, Selangor Darul Ehsan as shown in Architect's Drawing.

The site shall not be used for any purpose other than the execution of this Contract. The
actual confines of site are delineated on the Site Plan Drawing.

C Visit The Site

The Contractor shall be deemed to have visited the site and its surrounding and to have
ascertained for himself before submitting his tender all details appertaining thereto, including:

a) means of access to the site and the accommodation he may require

b) the nature, character and conditions of the site and the sub-soil upon
which the Works are to be carried out
c) local conditions, including climatic
d) tidal flood and local drainage problems
e) the extent of working space available
f) conditions affecting labour, materials and availability of same, the
storage of materials, positioning of sheds, stores, site offices and plant.
g) the location of existing services.
h) the nearest point from which temporary electricity and water can be connected

i) any other information as to risks, contingencies and all other

circumstances which may affect his tender
Any claim on the ground of lack of knowledge of the site and any of the
aforesaid matters will not be considered.

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PRELIMINARY PARTICULARS (CONT'D)

A Working Operations

The Contractor is to take particular attention to his working operations where there might be
restrictions imposed by Local Authorities, Owners and Consultants as follows:-

(a) Restrictions on heavy vehicles permitted to enter the roads.

(b) Restrictions on the working hours. Special permits must be applied to
work beyond designated hours and to work on Sunday and Public
holidays.
(c) All vehicles to be properly licensed and insured to enter the roads.
(d) All vehicles to have properly installed backboards.
(e) Restriction on spillages of earth, sand, concrete or other materials on the
roads.
(f) Restriction on noise and nuisance.
(g) Safety on site and site cleanliness.
(h) Any other restrictions which might be imposed.
The Contractor shall bear all costs in his tender in connection with the effects of such
restrictions, stoppages of work and requirements which might be ordered by the Local
Authority or the Occupational Safety and Health Department (formerly known as Factories
and Machinery Department) or any other Authority by not complying with the above causes.

B Description of Works
The Works comprise of the construction and completion of 14 units semi d houses complete
with all the related infrastructural works.

The above description is necessarily brief and the Contractor shall ascertain the full extent
and character of the Works from the Bills of Quantities and the Tender Drawings.

C General Specifications
The term “Specification” used throughout the Contract shall be deemed to include :-

i) General Specification

ii) Particular Specification

iii) Any other Specification included in the drawings

The British Standard Specification and Malaysia Standard Specification for Works and Code
of Practice referred to in this Documents shall be the latest Edition.

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PRELIMINARY PARTICULARS (CONT'D)

General Specifications (Cont'd)

The Contractor’s attention is drawn to the fact that the Particular Specification does not
purport to repeat any clause which has been specified or fully described in the General
Specification. The General Specification serves to set out generally the quality of materials
and workmanship required in this Contract.

The Contractor shall familiarise himself with all the Specification included in this documents.

Where specific provision is made in the Particular Specification for any workmanship or
materials, such provision shall have precedence over the General Specification.

A Particular Specification

Particular Specification referred in this Document shall form part of the Specification. This
section deals with addition or omission or amendment to the General Specification and shall
take precedence over the General Specification for items of Works so specified. Costs
relating to this part of the Specification shall be allowed in the Contract rates.

Any claim by the Contractor owing to his ignorance of or his not having taken into account
the items in the Particular Specification at the time of his submission of Tender shall not be
entertained on any account.

B Discrepancies in Contract Documents

The several documents (including the drawings) forming the Contract are to be taken as
mutually explanatory of one another but in the case of ambiguities or any discrepancies, the
following rules shall apply:-

(a) The Conditions of Contract (P.A.M. Form Private Edition With Quantities - Edition 1998,
Revised October 1998) including the Supplementary Modifications for Contractor's
Designed Portion unless where otherwise described, shall be preferred to all other
documents.

(b) Detail drawings are to take precedence over the General Specifications and small scale
drawings.

(c) General Specifications are to take precedence over small scale drawings.

(d) Particular Specification (if any) shall take precedence over the General Specification.

Provided that any discrepancy shall be referred as soon as possible to the S.O. who may at
his discretion issue instructions to the Contractor directing in what manner the Works are to
be carried out.

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PRELIMINARY PARTICULARS (CONT'D)

A Contract Drawings
The Drawings upon which the Bills of Quantities are prepared shall form part of the Contract
and are listed in Appendices of the Tender Documents. They can be inspected with the
Tender Table Documents at the office of the Quantity Surveyor during normal office working
hours.

The Contractor shall be deemed to have carefully examined all the drawings including those
available for inspection and to have ascertained from them and from the Bills, the full extent
and character of the work and, insofar as this may be reasonably inferred from these
drawings and the Bills, what restrictions are imposed upon his freedom of choice to carry out
the Works in the order that by such methods as he would otherwise consider to be the most
appropriate.

No claims for extras consequent upon non-examination of drawings or upon issue of detail
drawings after acceptance of tender, shall be considered. In this respect, the Contractor
shall check all details and dimension shown on the Drawings, described in the Bills of
Quantities and in the event of any discrepancies, he shall immediately notify the S.O.

B Suspension of Works
The Contractor shall on the written instruction of the S.O., suspend the progress of the
Works or any part thereof for such time or times and in such manner as the S.O. may
consider necessary for:-

(a) 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.

(b) The safety of the Works or any part thereof.

The Contractor shall, during such suspension, properly protect and secure the Works as far
as is necessary in the opinion of the S.O.

No claims shall be allowed for any extra cost incurred by the Contractor in giving effect to the
S.O.'s instructions under this Clause.

B Site Conditions

Immediately after taking possession of the site and before commencing 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.

The Contractor shall also arrange for establishing and checking the boundaries of the site.
The Contractor will not be allowed to make use of any areas not designated for his use.

Any information and reports provided by the Employer or S.O. regarding levels, boundaries,
soil conditions, etc. are strictly for the guidance of the Contractor only and shall not be taken
as comprehensive or true information of the actual site, ground and sub-soil condition.

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 PRELIMINARIES

PRELIMINARY PARTICULARS (CONT'D)

Site Conditions (Cont'd)
The taking of all levels, setting out, fixing the boundaries etc. must be carried out by licensed
Land Surveyor approved by the Employer (also see clause on "Setting Out" later in this Bill).

The Contractor may also conduct his own site investigations and tests on site and he will be
deemed to have made all necessary investigations and to have fully satisfied himself of the
conditions of working while preparing his tender.

The Contractor shall be deemed to have taken all possible weather and tidal differentials into
account when preparing his tender and shall not be entitled to extra payment by reason of
the occurrence or effect of excessive rainfall and any other meteorological or tidal
phenomena.

The site shall be blinded with quarry dust or other suitable material which the Contractor
deems necessary to facilitate movement on the site, should it become too soft or muddy.

The Contractor shall appraise himself of all difficulties of working due to the nature of the
terrain. He shall appraise himself of the land to be cleared, swamps to be drained and
anything else likely to affect the cost of the items to be priced in the Bills of Quantities.

A Overall Site Maintenance and Approach Roads

The Contractor shall allow here or elsewhere in his prices for maintaining the overall site
within his Works boundary; such shall extend also to all approach roads and main drains.

Maintenance of the grounds in this context shall mean all measures necessary for the
abatement or erosion, making good eroded areas by filling and compaction, providing all
necessary silt traps, temporary drains and sumps and keeping the ground generally in good
condition.

Any damage that occurs to the permanent or temporary drains and services for maintaining
the site during the course of this Contract shall be borne by the Contractor. He shall provide
for all necessary maintenance of the said services, culverts and drains entirely at his own
cost. Under no circumstance shall the Employer or the Consultants be liable for any damage
done to same.

Every precaution must be taken to protect adjoining properties and other works completed or
in progress.

All necessary measures shall be taken to prevent silting, flooding and pollution, etc. and in
the event of such occurring, which in the opinion of the S.O. is caused by the Contractor's
Works or failure to maintain the ground as above described, the Contractor must take
immediate remedial action and bear all costs in the rectification of same.

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PRELIMINARY PARTICULARS (CONT'D)

A Site Restriction

Due to the restricted nature of the site and the condition under which the proposed Works
shall be carried out, the Contractor shall include in his tender for such additional costs
including any other incidental costs that may likely to affect the location of his site huts,
storage of materials and plant, his daily loading and unloading schedule and generally his
work operations.

Any additional working space required outside the site for his own operations and
requirements of this Contract, especially renting and the use of any public areas, if
necessary, shall be sought from the proper Authorities if permitted.

The Contractor shall pay all fees, charges, rates etc. demandable from the Authorities in this
respect.

The Works shall be staged so as to achieve the minimum interference with traffic around the
site and constructed in such a way that all existing public and private rights of way are
maintained.

No claims shall be entertained in respect of any inconvenience, hindrance, disruption, etc.

met by the Contractor due to the confined nature of the site.

B Existing Buildings
The Contractor shall note at any close proximity of existing premises which may include
buildings and every effort must be made to ensure that the activities of these buildings are in
no way hindered by the construction operations and care must be taken to ensure that no
vibrations and disturbances shall affect the adjoining existing buildings and all other
neighbouring buildings and structures during the course of the Works.

Any damage caused to the adjoining structures as a result of pollution, landslip, vibrations
and other interference from the Works etc. shall be the sole responsibility of the Contractor
who shall make good all such damages to the satisfaction of the adjoining owners and pay
for any compensations claimed at his own cost.

Prior to the commencement of any works to be carried out under this Contract, the
Contractor shall a complete dilapidation report for the buildings in close proximity to the work
site. The Contractor shall arrange for a joint inspection of the adjacent properties with their
owners, representative (s) of the Employer, Architect 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 taken. Dated copies of the reports
shall be extended to all parties concerned.

The Contractor should request the owners of adjacent properties to check and endorse the
copies as being true and accurate description of their present conditions. During the progress
of the Works, the Contractor shall arrange for regular joint inspections of the adjacent
properties.

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 PRELIMINARIES

PRELIMINARY PARTICULARS (CONT'D)

Existing Buildings (Cont'd)
Particular attention shall be given to the necessary abatement of noise, dust and other
nuisance, arising from his working operations. Every effort must be made to prevent the
interruption of any of the services of the existing buildings. Should it be necessary to tap any
of the existing services the approval of the relevant Authorities must first be obtained.
Should drains, service mains, underground cables or other services be damaged by the
operations, it will be the responsibility of the Contractor to take immediate action to rectify
such damage and to bear all costs arising from same.

The Contractor shall carry out regular checks on the structural stability of adjoining existing
buildings and on the soundness of the existing public service mains and to take all necessary
protective measures.

A Approach Roads
The Contractor shall allow for keeping the approach roads clean and dust
free at all times.
Station constantly workmen at egress points on the public roads to hose down tyres of
trucks and lorries with water including cleaning the roads themselves to prevent the spread
of mud and dust. Provide temporary wash troughs as shown on Engineer's drawing.

All roadways must be kept clear at all items and must be used only for the passage of
vehicular traffic. Allow all the necessary heavy duty interlocking pavers to the access /
approach road to S.O's approval.

The Contractor shall make good all damage to the access/approach road from the main road
to the project site throughout the duration of the contract and all costs to make good such
damage shall be borne by him.

B Labour and Material in Short Supply

The Contractor shall be deemed to have included in his rates and prices for any incentive
payments, etc. necessary to obtain sufficient labour and for any additional costs that may be
incurred in obtaining materials in short supply from sources other than the most economical,
or for obtaining approved alternative materials in order to complete the works within the
contract time.

C Registration of Workmen With Department of Labour

The Contractor shall register all workment employed on site including those employed by his
Sub-Contractors and Nominated Sub-Contractors in compliance with the Internal Security
(Rgistration of Labour) Regulation 1960.

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 PRELIMINARIES

CONDITIONS OF CONTRACT
A Employment of Foreign Workers and Specialists
The Contractor must be responsible for the entry of foreign workers and specialists into
Malaysia. Their entry must conform to the rules and requirements of the Immigration Laws of
Malaysia.

Allow for any items of expenditure which are not allowed elsewhere such as travelling time,
fares and any other costs due to the employment of foreign workers and specialists.

The Contractor must also be responsible for obtaining all the necessary work permits from
the relevant Authorities.

B Form of Contract
The Contractor shall enter into a Contract with the Employer. The Form of Contract shall be
the Articles of Agreement and Schedule of Conditions of Building Contract (Private Edition
with Quantities - Edition 1998 Revised October 1998) published by Pertubuhan Akitek
Malaysia. Their provisions shall be read conjointly with the Tender Documents.

The Contractor is referred to the full text fo the undermentioned clauses of the Conditions of
Contract. The following are only short references and against which the Contractor is to
provide any sum he considers necessary in complying with the terms of clauses and allow for
the obligations, liabilities and services described therein against the headings set out below.

The Contractor is also referred to the Addendum to the Conditions for Contract and shall
allow here for complying with the Addendum.

The Contractor is to note that additional clauses, if any, stipulated in this Contract shall
supercede the general clauses provided in the PAM Form of Contract.

The following is a schedule of the clause headings in the Conditions of Contract:-

Clause
1 - Contractor's Obligations.
Notes:- (1) Every effort has been made to ensure the reliability of the information
shown on the drawings but the Contractor shall be deemed to have
considered this information critically during the preparation of his tender
and have carried out such further investigation and tests on site as he
consider necessary.

(2) The Contractor shall check the accuracy of the levels and boundaries on
site against those shown in the drawing. In the event of any
discrepancies, he shall immediately notify the S.O. prior to
commencement of Works.

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CONDITIONS OF CONTRACT (Cont'd)

Form of Contract (Cont'd)
Clause (Cont'd)
(3) The Contractor shall appraise himself of all difficulties of working, areas
available for his use, constraints of the site and anything else likely to
affect his tender sum.

(4) The Contractor shall be deemed to have taken all weather conditions
into account when preparing his tender and shall not be entitled to extra
payment by reason of the occurrence or effect of excessive rainfall or
high winds or any other meteorological phenomena.

(5) The Contractor shall be deemed to have fully acquainted himself with the
requirements of the Local Authorities which may in any way hinder his
work.

(6) The Contractor shall be absolutely and solely responsible for the
methods employed in carrying out the Works both inside and outside the
site boundaries and for the safety and security of all temporary Works
and constructional plant notwithstanding any examination by the S.O. or
their representative.

2 - Architect's Instructions.
Note:- It is the responsibility of the Contractor to confirm in writing to the S.O., as
provided in the Conditions of Contract, all verbal instructions issued by his
authorised representatives as their instructions shall rank as instructions
issued by the S.O.

3 - Contract Documents.
Note:- The Contractor shall allow for additional copies required.
4 - Statutory Obligations; Notices, Fees and Charges.
Note:- (1) The Contractor shall give all requisite notices to the Authorities and
conform in all respects to their requirements, obtain all licenses and
permits and pay all charges, royalties and taxes legally demandable.

(2) The Contractor shall obtain and fill in all notices where necessary and
ensure that all the design calculations and all shop drawings prepared by
him must comply in all respects with the requirements of the Malaysian
Uniform Building Bye-Law and all relevant Authorities and shall be
subject to the approval of the Local Building Authorities.

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CONDITIONS OF CONTRACT (Cont'd)

Form of Contract (Cont'd)
Clause (Cont'd)
5 - Levels and Setting Out of Works.
Note:- (1) The Contractor shall provide all labour, instruments and implements
necessary for setting out the whole of the Works.

(2) A minimum of three bench marks are to be established and approved by

the S.O. and must be tied up to an existing approved Government bench
mark.
(3) Allow for checking and confirming existing permanent bench marks and
actual boundaries of the site and to agree same with the relevant
Authorities. The Contractor shall form and leave permanent markers (of
a type approved by the S.O.) indicating the actual confines of the site.

(4) The Contractor shall be responsible for the accuracy of the setting out
and surveys, existing and final ground levels, boundaries, positioning of
the building and lot boundary, the verticality and plumbness of the
columns, walls and building overall and the proper dimension, height,
setting out and level of each floor to be constructed. Should any errors
be found occasioning any consequential loss to the Employer, such
errors shall be reported to the S.O. immediately and before the
commencement of Works. Any errors found thereafter shall be rectified
to the satisfaction of the S.O. at the Contractor's own expense.

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

(6) Allow for engaging an approved Licensed Land Surveyor for these
purposes as before said and pay all costs.

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CONDITIONS OF CONTRACT (Cont'd)

Form of Contract (Cont'd)
Clause (Cont'd)
6 - Materials, Goods and Workmanship to Conform to Descriptions, Testing and
Inspection.

Note:- (1) Materials and Workmanship shall comply with Malaysian Standards and
Codes of Practice wherever applicable or, in their absence, British
Standards and Codes shall apply, and shall be approved by the S.O.
The Contractor shall not alter or amend any of the descriptions of
materials in the Specifications unless where expressly stated.

(2) Wherever in these Specifications any goods or materials are specified,

such are to be considered as being the minimum standard acceptable.
In the event the S.O. allowing the substitution of any of the materials
during the course of this Contract, such substitution shall be
accompanied by a corresponding deduction in cost unless the S.O.
otherwise directs.

(3) The Contractor shall be responsible for all defects of workmanship,

whether executed by his workmen or staff, or by the workmen or staff of
any Sub-Contractor. Such errors or defects to be remedied to the
satisfaction of the S.O. by and the cost of the Contractor.

7 - Royalties and Patent Rights.

8 - Site Agent.
Note:- (1) The Contractor shall employ and permanently station a qualified and
competent S.O./Engineer for the Works with relevant working experience
as a Site Agent approved by the S.O. whose work functions and duties
shall be solely those functions and duties confined to the project site
only. The Contractor must not change the Site Agent without first
obtaining the consent of the S.O. who will not unreasonably withhold
such consent.

(2) The Site Agent must be conversant and capable of taking and giving
instructions in English and Bahasa Malaysia, and supervise, administer
and coordinate the Works proficiently.

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CONDITIONS OF CONTRACT (Cont'd)

Form of Contract (Cont'd)
Clause (Cont'd)
9 - Access for S.O. to the Works.
Note:- (1) All persons authorised by the Employer and S.O. shall have access to
the site at all times. The Consultants and their representatives shall be
deemed representatives of the S.O.. The Contractor shall allow for
keeping a visitor's book for persons authorised to visit the site.

(2) Allow for any special hoist, ladders and scaffolding required for the S.O.
and his representatives.

10 - Site Staff

11 - Variations, Provisional and Prime Cost Sums.

Note:- (1) Upon the receipt of an instruction by the S.O. to carry out work incurring
(Cont'd) additional cost to the Contract, the Contractor (if he wishes to claim
reimbursement for such work) must advise the party issuing of his
intention to claim and the amount claimed within 14 calendar days of the
issue of the instruction. All such notifications of intention to claim must
be in writing and must be copied to the Quantity Surveyor with all
supporting documentation and calculations as required. The
Contractor's failure to notify his intention to claim within the above
stipulated period will be construed as the Contractor's voluntary waiver of
his rights to claim for the variation. The Tenderer is therefore urged to
pay particular attention to this note.

(2) The Contractor shall give notice to the S.O. of the commencement and
completion of any work for which he intends to submit vouchers in
accordance with sub-clause 11.5 (iii) of the Contract.

(3) Endorsement of such vouchers by the S.O. shall not bind the Quantity
Surveyor to value the work as day works.

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CONDITIONS OF CONTRACT (Cont'd)

Form of Contract (Cont'd)

Clause (Cont'd)

12 - Contract Bills.

Note:- The value of works or sums included in these documents which are described
(Cont'd) as "PROVISIONAL" 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 Condition 11, will be added in lieu in the
settlement of the accounts.

13 - Contract Sum.

14 - Materials and Goods Unfixed or Off-Site.

15 - Practical Completion and Defects Liability.

Note:- (1) Time for completion shall be deemed to include the time required for all
testing and commissioning of the Mechanical and Electrical installations.

16 - Partial Possession by Employer.

17 - Assignment or Sub-Letting.

18 - Injury to persons and property and Employer's Indemnity.

Note:- The words "any persons whomsoever" as described in sub-clause 18.1 will
cover not only the Contractor's employees and his Sub-Contractor's and their
workmen, but also, subject to the exception at the end of this sub-clause, the
Employer himself, his servants and agents and any third party who may,
whether in the course of his business, or as a mere passer-by or on-lookers,
come into contact with the Works.

The Contractor shall also be liable for and shall indemnify the Employer under
Common Law.

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 PRELIMINARIES

CONDITIONS OF CONTRACT (Cont'd)

Form of Contract (Cont'd)

Clause (Cont'd)

19 - Insurance against injury to Persons and Property.

Note:-
(Cont'd)
(1) This insurance is to cover the liability of the Contractor and Sub-
Contractors.
(2) Insurance for personal injuries or deaths and for all costs and expense
incidental or consequential thereto to the Contractor's employees and his
Sub-Contractors' nominated or otherwise and their workmen shall be
under a Workmen's Compensation Policy by virtue of the Workmen's
Compensation Legislation or any other law amending or replacing such
legislation and/or by way of the Employment Injury Insurance Scheme
(Employee's Social Security Act, 1969). The Contractor is also required
to take up an Employer's Liability Insurance Policy to indemnify the
Employer should the workers employed in the Works are insured under
the Employment Injury Insurance Scheme (SOCSO). He shall allow for
insurance against claims for legal liability at Common Law.

The insurance policy shall be endorsed to state that the Supervising

Staff, the Architect, Employer's representative, Engineer, Quantity
Surveyor and all their assistants and representatives are considered
third parties.

The amount insured should be at least RM1,000,00.00 (Ringgit Malaysia

: One Million Only) or 15% of the Contract Sum less the Prime Cost
Sums and Provisional Sums (whichever one is greater) and shall be
approved by the S.O. but without prejudice to the Contractor's legal
liability.

The amount of cover for workman's compensation insurance shall be

approved by the S.O. but without prejudice to the Contractor's legal
liability.

Provided the Contractor will not be required to take out any Workmen's
Compensation Insurance Policy for workers employed on the Works who
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 places where the Scheme is
implemented and comply with the provisions of the said Act.

He shall submit the Code and Insurance Number of all workers on site to
the S.O.

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CONDITIONS OF CONTRACT (Cont'd)

Form of Contract (Cont'd)

Clause (Cont'd)

19 - Insurance against injury to Persons and Property. (Cont'd)

Notes:- (Cont'd)

The Contractor shall make payment of contributions from time to time on

the first day on which the same ought to be paid and until the completion
of the Contract. Upon demand, the Contractor shall produce to the S.O.,
contribution cards or stamp vouchers as evidence of payment of such
contribution.

The Contractor shall produce cover notes and receipts for premiums
paid in respect of all insurances for inspection by the S.O. before the
commencement of the Contract.

The said policy or policies so taken out shall be endorsed as follows:

Endorsement "A"
"It is hereby understood and agreed that in the event of any Workman
employed by the within Insured or by the Insured's Contractors as
referred to in Endorsement "B" hereon or any dependent of such
workman, bringing or making a claim under the Workmen's
Compensation Ordinance in force in Malaysia against any officer of the
Employer for personal injury or death or disease sustained whilst at work
on any Contract covered by the terms and conditions of the within policy
which the Insured may be carrying out for the said officer or Employer,
the Company will indemnify the said officer or employer against such
claims covered by this endorsement.

Nothing in this endorsement shall be construed as affecting the Insured's

right to recover damages in any other way under the said Ordinance".

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 PRELIMINARIES

CONDITIONS OF CONTRACT (Cont'd)

Form of Contract (Cont'd)
Clause (Cont'd)
19 - Insurance against injury to Persons and Property. (Cont'd)

Notes:- (Cont'd)
Endorsement "B"
"It is hereby understood and agreed that the indemnity herein granted is
to cover the legal liability of the Insured to workmen in the employment of
Contractors performing work for the Insured while engaged in the
business and occupation in respect of which the within policy is granted
by only so far as regards Claims under the Workmen's Compensation
Ordinance in force in Malaysia".

(3) Insurance for injury or death to persons and injury or damage to

property, real or personal shall be under a Contractor's All Risks Policy
and shall be a minimum amount of RM200,000.00 (Ringgit Malaysia
Two Hunderd Thousand Only) for any one occurrence, the number of
occurrences for which cover is provided being unlimited. Period of Claim
is to be unlimited.

The Contractor shall effect and maintain a "Contractor's All Risks Policy"
in the joint name of the Contractor and the Employer and shall arrange
the Policy with an Insurance firm to be approved by the Employer and
covering the following:-
(a) The total value of works is in accordance with the Contract
Sum plus 6% for professional fees and an additional
amount of RM 100,000.00 for debris removal and other
risks.
(b) Third Party Liability (Limit RM1,000,000.00 on any one
accident and unlimited during the period of insurance).
(c) Injury and damage to property real or personal.
(d) Strikes, Riots and Civil Commotion, Storm, Tempest, Lightning,
flood, etc.

(e) Cross Liability.

(f) Cover of extra charges for overtime, night work, work on Public
Holiday, express freight.
(g) Vibrations and/or removal or weakening of support.

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CONDITIONS OF CONTRACT (Cont'd)

Form of Contract (Cont'd)
Clause (Cont'd)
19 - Insurance against injury to Persons and Property. (Cont'd)
Notes:- (Cont'd)
(h) Automatic reinstatement of sum insured.
(j) Cover for Consultants including their assistants and
representatives as Third Parties.

Provisions of the above insurance shall not in any way limit or prejudice
the Contractor's liability and responsibilities to the Employer under
Clause 18 of the Conditions of Contract. In relation thereto, the
Contractor shall make allowance for the following in his Tender.

(i) Any additional insurance cover required by the Contractor to fulfill

such obligations and responsibilities towards the Employer under
the Contract.

(ii) Administration of all claims and proceedings against the Insurer(s)

under the Contract.
(iii) Any traditional cost of insurance incurred due to delays within the
control of the Contractor such that no additional extension of time is
granted by the S.O..
(iv) Any payments for excess or deductibles as required under the
Insurance provided in the Contractor's All Risks Insurance
stipulated above.

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 PRELIMINARIES

CONDITIONS OF CONTRACT (Cont'd)

Form of Contract (Cont'd)
Clause (Cont'd)
19 - Insurance against injury to Persons and Property. (Cont'd)
Notes:- (Cont'd)
A "Cross Liability Clause" shall be incorporated and endorsed to cover
injury to the Site Staff and the Consultants, their assistants and
representatives and the Employer and his employees in respect of the
above.

Should the Contractor deem that the policy is inadequate or lacking in

any way in covering the risks envisaged by him, he shall purchase
additional insurance cover to include all such additional or omitted risks
envisaged by him.

(4) All insurance Policies shall be endorsed to cover the full contract period
plus defect liability period plus three (3) months plus fourteen (14) days.

(5) The Contractor shall produce cover notes and receipts for premium paid
in respect of all insurance for inspection by the S.O. before
commencement of Works.

(6) The Employer reserves the right to purchase the insurance policies on
behalf of the Contractor in whatsoever form or arrangement as deemed
fit for the Project and omit the sums for the insurances as priced in the
Tender.

(7) Notwithstanding the above, the onus and responsibility shall be on the
Contractor to consult the insurance broker/agent/ company to ensure the
full extent of the coverage to this effect.

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CONDITIONS OF CONTRACT (Cont'd)

Form of Contract (Cont'd)

Clause (Cont'd)

20 - Insurance of Works against Fire, etc.

Notes:- (1) Unless directed to the contrary, Clauses 20.B.1 to 20.B.5 and 20.C.1 to
20.C.6 are to be deleted, that is to say Clause 20.A will apply.

(2) This insurance shall be in the same Contractor's All Risks Policy as
above stated under Clause 19 (note 3; and note 4 to 8 shall apply) and
shall cover for the FULL VALUE of the Contract plus the percentage
named in the Appendix to the Conditions of Contract to cover
Professional Fees and a removal of debris.

(3) The Contractor shall also provide additional cover of other sufficient
amounts for his Construction Machinery, all Temporary Structures on
Site and their contents and for any other risks which he deems should be
covered particularly with regard to excess clauses and any other covers
he deems necessary to enable him to indemnify the Employer in the
manner described in the Contract.

(4) All insurances required under this contract are to be insured with an
insurance company to be approved by the Employer. The exact wording
of the insurance and the sums insured shall be to the approval of the S.
O.

21 - Date of Commencement, Dates of Commencement Given for Sections,

Postponement and Date for Completion.

Notes:- The Works shall be understood to be virtually completed on the day they are
handed over to the Employer and the Certificate of Practical Completion has
been issued.

22 - Damages for Non-Completion.

Notes:- The Liquidated and Ascertained Damages appertaining to non-completion

shall be at the rates as stipulated in the Appendix to the Conditions of
Contract and in case of default the charges shall be made at the rate
indicated.

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 PRELIMINARIES

CONDITIONS OF CONTRACT (Cont'd)

Form of Contract (Cont'd)

Clause (Cont'd)

23 - Extension of Time.

Notes:- (1) "Exceptionally inclement weather" is hereby defined as a condition of

weather which, when based on previous records, could be considered as
having less than 5% chance of occurring in any one year. The
assessment of the statistical probability of any such extraordinary
condition shall be referred to the Rainfall Statistics published by either
the Department of Civil Aviation or the Department of Meteorological
Services.

(2) The Contractor is to note that no extension of time will be given in

respect of shortage of any labour or building materials.

(3) Any application for extension of time must be made by registered post to
the S.O. within two (2) weeks of its occurrence stating the cause of the
delay and if not dissented by the S.O. within one (1) month from receipt
of the Contractor's application, then extension will deem to have been
approved.

(4) Application for extension of time submitted later than two (2) weeks after
the occurrence will not be considered.

24 - Loss and Expenses Caused by Disturbances of Regular Progress of Works.

Notes:- (1) Written application of the occurrence of such event or circumstance

which may involve the Contractor in direct loss and/or expense shall be
made to the S.O. within twenty eight days of such occurrence and shall
be substantiated with all necessary evidence and details, failing which, it
will be construed as the Contractor's voluntary waiver of his rights to
claim direct loss and/or expense.

25 - Determination by Employer.

26 - Determination by Contractor.

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 PRELIMINARIES

CONDITIONS OF CONTRACT (Cont'd)

Form of Contract (Cont'd)

Clause (Cont'd)

27 - Nominated Sub-Contractors.

28 - Nominated Suppliers.

29 - Artists and Tradesmen.

30 - Certificate and Payments.

Notes:- (1) Payment during construction period to successful Tenderer will be by

stages as per Standard Sale & Purchase Agreement for Land & Building.

(2) The Contractor shall submit monthly applications for interim payments
for consideration by the S.O. and Quantity Surveyor. Applications shall
fully detail the work executed and materials and goods on site.

(3) Only 75% of the total value of all materials and goods on site to be
incorporated into the Works shall be approved for progress payment,
which sum shall then be subject to retention under Clause 30.4.

(4) To facilitate approval of applications for progress payments, the

Contractor shall keep a copy of the purchasing agreements/orders and
delivery orders of all materials on site in the site office so as to enable
the Quantity Surveyor to check and verify the materials.

(5) The Contractor will be paid monthly on the interim certificates of the S.
O. the estimated value of the Works completed up to the end of the
previous month or upon delivery to the site of the materials forming part
of the permanent work subject to the retention sum stipulated in the
Conditions of Contract.

(6) The S.O. may by any certificate make any correction or modification of
any previous certificate which shall have been issued by him and the S.
O. shall have the power to withhold an amount if the Works or any part
thereof are not being carried out to his satisfaction.

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 PRELIMINARIES

CONDITIONS OF CONTRACT (Cont'd)

Form of Contract (Cont'd)

Clause (Cont'd)

30 - Certificate and Payments. (Cont'd)

Notes:- (7) No interest will be paid by the Employer on any sums of money retained
nor on any sums of money claimed by the Contractor on account of extra
works.

(8) Final completion and the act of making final payment of the balance of
the Contract price shall in no way be interpreted as complete
exoneration of the Contractor from any defects that may arise due to
causes attributable to negligence of the Contractor or inferior materials
or workmanship provided by him.

31 - Outbreaks of Hostilities.

32 - War Damage.

33 - Antiquities.

Notes:- All fossils, antiquities and other objects of interest or value found on site or in
the excavation shall become the property of the Employer. Such objects shall
be carefully removed and preserved and handed to the S.O. uncleaned as
excavated.

34 - Arbitration.

35 - Mediation.

N.B.

The Amendments and Notes added to the above Clauses of the Conditions of Contract are
complementary to and shall be read conjointly with the general provisions of the Conditions
of Contract. The Contractor shall be deemed to have allowed in the tender for all expenses
in compliance with the Amendments and Notes. Where the Amendments and Notes are at
variance with the Contract Conditions the provisions of the Amendments and Notes shall
prevail.

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 PRELIMINARIES

CONDITIONS OF CONTRACT (Cont'd)

APPENDIX TO CONDITIONS OF CONTRACT

The following insertions will be made in the Appendix to the Conditions of

Contract:-

Clause

Defects Liability Period (if none other stated ) 15.0 Twenty Four (24) months
is 24 months from the day named in the ) 16.0
Certificate of Practical Completion of the ) & 30.0
Works). )

Percentage to cover Professional Fees. ) 20.A 6%

Percentage to cover for removal of debris. ) 20.A 5%

Date for Commencement. ) 21.0 To be stipulated

) in the Letter of
) Acceptance.

Date for Completion. ) 21.0 Ditto.

Liquidated and Ascertained Damages. ) 22.0 RM 1,500.00/House/Day

)

Sectional Completion. ) 21.0 Not applicable

Period of delay (if none stated is one ) 26.0 Month (2) Months.
(1) month). )

Prime cost sums for which the ) 27.8 To be agreed

Contractor desires to tender. )

Period of Payment Certificates ) 30.1 by Stages *

(if none stated as per stages in S&P). )

Period of Honouring of Certificate ) 30.1 Forty Five (45) days

(if none stated is 14 days from the ) from the reciept of
date of the Interim Certificate). ) Architect's Certificate by
) the Employer

* Payment during construction period to successful Tenderer will be by stages as per

Standard Sale & Purchase (S&P) Agreement for Land & Building.

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 PRELIMINARIES

CONDITIONS OF CONTRACT (Cont'd)

APPENDIX TO CONDITIONS OF CONTRACT (Cont'd)

The following insertions will be made in the Appendix to the Conditions of

Contract:- (Cont'd)

Clause (Cont'd)

Percentage of Certified Value Retained ) 30.4 N/A

(If none stated is not exceeding 10% )
of Contract Sum). )

Limit of Retention Fund ) 30.4 5% of Original

(If none stated is not exceeding 5% Contract Sum.
of Contract Sum).

Period of Final Measurement and ) 30.5 Twelve (12)

Valuation (if none stated is 6 months ) months.
from the day named in the Certificate of )
Practical Completion of the Works). )

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 PRELIMINARIES

GENERAL MATTERS

A Press Statements

The Contractor, his workmen or agents shall not make any public or press statements of any
form or description which are exasperative and detrimental to the interest of the Employer, S.
O. and Consultants connected to this Contract nor will he divulge any information to the
public concerning this Contract before or after the completion of the Works.

B Safety Measures for Protection of Workmen

The Contractor shall provide and enforce all safety measures as stipulated by:-

(i) Factories and Machinery (Fencing of Machinery and Safety) Regulations, 1970

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

(iii) Building Operations and Works of Engineering Construction Safety Regulations, 1986;

(iv) Occupational Safety and Health Act, 1994; and

(v) All other relevant safety-at-work legislation and regulations.

The Contractor is to serve the notice required by the Occupational Safety and Health
Department not later than seven (7) days before the commencement of work.

The Contractor shall provide all necessary protective and safety goods and equipment for all
his workmen, site staff and supervisory staff and all authorised visitors to the site. The
Contractor shall provide the S.O., Consultants and their representatives the minimum
number of safety goods as follows:-

(i) Safety helmets 5 Nos

(ii) Rubber boots 5 Pairs

(iii) Safety shoes 5 Pairs

(iv) Rain Coats 5 Nos

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 PRELIMINARIES

GENERAL MATTERS (Cont'd)

A Site Management Costs

Provide for all on and off site management and supervision costs including costs of Site
Agent and assistants referred to in Clause 8 of the Conditions of Contract, including
providing approved and experienced 1 (one) of Architects or Engineers who shall supervise,
administer and co-ordinate the Works.

The Contractor's site personnel and supervisory staff must be on site during all working
hours and whenever necessary.

The right is reserved to the S.O. to direct the Contractor to increase his site staff or to obtain
better or more qualified staff and should the Contractor fail to comply with the S.O.'s
instructions in this regard, the S.O. may engage adequate site supervisors and shall deduct
their salaries including overtime pay and expenses incurred from the monies which may be
due to the Contractor.

None of the above personnel may be changed without one month's written notice to the S.O..

B Labour On-Costs

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

(a) Annual and Public Holidays.

(b) Travelling time, expenses, fares and transport.

(c) Non-productive time and other expenses in connection with overtime.

(d) Incentive and bonus payments.

(e) Any other disbursements (e.g. SOCSO, CIDB Levy, etc.) arising from employment of
labour.

C Construction Industry (Collection of Levy) Regulations 1996

The Contractor shall comply with Part VIII of the Lembaga Pembangunan Industri
Pembinaan Malaysia Act 1994 and the Construction Industry (Levy Collection) Regulations
1996, and shall submit a notification on Form CIDB LB/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 a contract of works, or not less than 14 days before the commencement of the
Works, whichever date is earlier.

D CIDB's "Green Card"

The Contractor shall ensure that all his workers have gone through the Safety and Health
induction course and to ensure that the workers carry their "Green Cards" as currently
required by the authorities.

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 PRELIMINARIES

GENERAL MATTERS (Cont'd)

A Working Hours, Overtime and Night Works

The Contractor shall be deemed to have fully acquainted himself with the times at which the
work may not be carried out over any areas specified and any restrictions and other
requirements of the Local Authorities or the Employer which may in any way hinder his work
or affect the commissioning and cost of the Works and to have made allowances in his
tender for the effects of such restrictions and requirements.

The Contractor shall take note that the working hours of the Consultants and the Site
Supervisory staff are as follow:-

Site Supervisory Staff

Monday to Friday : 0800 Hr to 1700 Hr

(with one hour lunch break except for
Muslims on Friday at two hours)

Saturday : 0800 Hr to 1230 Hr

S.O., Engineers and Quantity Surveyors

Monday to Friday : 0900 Hr to 1730 Hr

(with one hour lunch break)

Sundays and Public Holidays are not working hours. The Contractor shall make allowances
and pay all overtime supervision cost incurred by his working outside normal working hours.
Payment for all overtime supervision work shall be made monthly through the respective
Consultants. The rate of overtime payment shall be agreed by the S.O.

In the event progress on the Works is behind the work programme, the Contractor shall be
required to carry out overtime and night work at no extra cost to the Employer. The S.O. shall
have the right to instruct the Contractor to increase his plant and labour force and to continue
work beyond the normal working hours in order to maintain the progress of the Works to his
satisfaction. In this respect, the Contractor shall make adequate security arrangement and
indemnify the Employer against any claims by third parties caused by working outside normal
working hours. No claims for extra payment for additional labour or for working beyond
normal working hours shall be entertained. The Contractor shall also bear the overtime
wages of site supervisory staff (i.e. Clerk-of-Works, etc.) or other emoluments certified by the
S.O. necessitated by the commissioning of such works.

The overtime rate shall be in accordance with the Labour Ordinance and shall be deducted
from the Contractor’s progress payment.

Notwithstanding the above, in no case shall any night or overtime works be allowed without
the prior written permission of the S.O..

TO COLLECTION : RM

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 PRELIMINARIES

GENERAL MATTERS (Cont'd)

A Plant, Tools and Vehicles

The Contract or shall allow for all plant, tools and vehicles for the proper execution of the
Works.

Particular attention is to be given to the use of proper and modern plant, tools and vehicles
and other labour and time saving devices to ensure that the Works will be carried out
expeditiously.

Unserviceable plant shall be removed from the site. Under no circumstances shall any plant
be removed from the site without the prior approval by the S.O..

The Contractor shall allow Nominated Sub-Contractors the free use of all hoisting facilities.

B Constructional Plant

All constructional plant provided by the Contractor shall, be deemed to be exclusively

intended for the works. The Contractor shall not remove the Constructional Plant from the
site without the consent in writing of the S.O. which shall not be unreasonably withheld.

Upon completion of the works the Contractor shall remove from the site all the said
Constructional Plant.

If the Contractor proposes to use tower cranes, materials and/or passenger hoists or any
other types of constructional plants which places any load on the structure, he must furnish
full details of such plant to S.O. for approval before the constructional plants are installed.
Loads for such plant shall only be imposed on completed structures where the concrete has
attained the minimum 28 days strength. If necessary and structurally acceptable, the
structure shall be strengthened, in order to carry such loads and the Contractor shall be
responsible for the extra costs. The Contractor shall be responsible and make good to the
satisfaction of the S.O. any damage to the permanent structure which may be caused by his
plants.

No approval by the S.O. of the installation of the Contractor’s constructional plants shall
relieve the Contractor from any of his responsibilities for the safety, sufficiency and efficiency
of the same and from any other of his responsibilities and obligations under the Contract.

C Shop / Working Drawings

The Contractor shall submit to the S.O. for his approval two (2) copies of fully coordinated
and detailed Shop/Working Drawings of articles and things to be supplied in connection with
the Contract, which includes structural steelwork, precast concrete work, pressed
metalwork, ornamental metalwork, aluminium and glazing works and all other necessary or
special parts of the structure or its equipment.

Within four weeks of the award of contract or receipt of the Letter of Acceptance the
Contractor shall issue a Schedule of Shop / Working Drawings to the S.O..

TO COLLECTION : RM

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 PRELIMINARIES

GENERAL MATTERS (Cont'd)

Shop / Working Drawings (Cont'd)

The Schedule shall indicate the total number of Shop / Working Drawings that the Contractor
intends to produce in connection with the Works in accordance with the Contract together
with the date when each drawing shall be issued for approval.

The drawings shall be submitted in accordance with the approved programme of work but
not later than six (6) weeks from site commencement to ensure adequate time for vetting and
approvals by the S.O.

The Contractor is to note that no extension of time will be given in respect of the delay on his
submissions, modifications and additions to the drawings as may be required by the S.O.
prior to the drawings being approved.

No works shall be carried out until the relevant drawings have been approved by the S.O.

Should subsequent to the drawings being approved by the S.O. they be found not to comply
with the terms and conditions of the Contract Documents or that the details do not agree,
such modifications and additions as may be deemed necessary by the S.O. shall be made by
the Contractor and the work shall be carried out accordingly without entailing extra payment
to the Contractor on account thereof.

Should the S.O. require further copies of drawings submitted by the Contractor these shall be
supplied at the Contractor's expense.

A As Built Drawings

The Contractor and his Nominated Sub-Contractors shall prepare, agree and supply theS.O.
with "As Built" drawings of all works done as constructed on site including positions of
structure, walls and services installed and their locations.

For this purpose, the Contractor must employ the services of a licensed Surveyor who shall
certify all drawings correct.

All "As-Built" drawings are to be submitted to the S.O. within one (1) month from the date of
handing over to the Employer. It is to be noted that there shall be no partial release of
retention money until the above requirement has been complied with As-Built drawings to be
submitted in the following forms:

i - 1 Set original (hard copy) As Built drawings;

ii - Soft copies in AutoCad (Drawing Format) in High Density CD.
Scope of As Built Drawings:
1. Earthworks
2. Piling
3. Roads and parking area
4. Surfaces water drainage, culvert, sumps and ponds
5. Water reticulation
6. Sewerage lines, manholes and lifting station
7. Architectural and structural works
8. Mechanical and electrical infrastructure works

B Dimensions and Levels

All temporary benchmarks, reference markers and levels as shown in the Drawings shall be
checked on the site by the Contractor at his own expense and agreed upon with the S.O..

TO COLLECTION : RM

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GENERAL MATTERS (Cont'd)

Dimensions and Levels (Cont'd)

The Contractor shall in particular verify the levels of the existing ground surface within areas
where earthworks are to the performed and the locations and bed levels of watercourses.
These may differ from the location and levels shown on the drawings depending on the
extent of erosion of the banks and the beds which has taken place during the interval
between survey and construction.

The levels and dimension taken by the Contractor and agreed by the S.O. shall form the
basis of measurements for the S.O.'s Final Certificate. Failing such verifications and
agreements the dimensions and levels shown on the drawings as otherwise determined by
the S.O. shall be final and binding on the Contractor.

Before the Works or any part thereof are to commence, the Contractor shall verify the
dimensions and levels shown on the drawings and shall notify the S.O. of any discrepancy
which may affect the dimensions or levels of any part of the Works. Such notification by the
Contractor shall be given in sufficient time to allow the S.O. to prepare drawings or
Schedules showing his amended requirements.

A Partial Possession by the Employer

Upon it becoming reasonably apparent that the Contractor will fail to complete the Works by
the Date of Completion stated in the Appendix to the Conditions of Contract or within any
such extended time fixed under Clause 23 of the Conditions, the Employer shall have the
right to instruct the Contractor to complete and hand over any sections of the Works nearing
completion or substantially completed to the Employer for immediate occupation. Upon
receipt of such an instruction the Contractor shall immediately reorganise his construction
programme and take all necessary action to complete the said sections of the Works in
compliance with the instruction.

The exercise of this right by the Employer shall in no way relieve the Contractor from his
liability for damages for non-completion in respect of the remaining uncompleted sections of
the Works. Nor shall the Contractor be entitled to claims for any loss and expenses incurred
by him in compliance with such an instruction.

B Area for Storage, etc.

Area for storage, site huts, etc. will be delineated by the S.O. and shall be altered or
relocated without giving any reasons thereof. All costs of alteration or relocation shall be
wholly borne by the Contractor.

TO COLLECTION : RM

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 PRELIMINARIES

GENERAL MATTERS (Cont'd)

A Advertisement

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..

B Antiquities

Any treasure trove, coins, relies, objects of antiquity, etc. which may be found on the site are
to be the property of the Employer and to be handed over to the S.O. The S.O. must be
notified prior to the opening up or demolition of ancient masonry, pavement or other old
works of interest.

C Workmen Registration

The Contractor shall register all his workmen employed on the site including those employed
by his Sub-Contractors with the Police, Department of Labour and all other relevant
Authorities in compliance with the Internal Security (Registration of Labour) Regulation 1960.

The Contractor shall be responsible for the entry of all his foreign workers (including
specialists) into Malaysia. Their entries shall conform to the rules and requirements of the
Malaysian Immigration Laws. He shall also be responsible for obtaining the necessary work
permits and papers from all relevant Authorities. No illegal workers shall be allowed in the
Site.

The Employer shall be absolved from all responsibilities pertaining to the above law and
regulation matters.

D Setting Out By Licensed Surveyor

The Contractor is to satisfy himself that the dimensions, spot levels and contours shown on
the Drawings are correct and should he wishes to dispute any dimensions, level or contour,
he is to give written notice thereof to the S.O. before the relevant work is commenced.
Otherwise no claim in respect of such alleged inaccuracies will be entertained.

The Contractor must employ a Licensed Surveyor approved by the Employer for setting out
of baselines for the works. The setting out shall be checked and accepted by the Contractor
before the work commences. The Contractor shall ascertain and allow accordingly in his
pricing for all other surveys, setting out and related works to fulfill the Contractor's obligations
under this Contract.

E Survey Instruments

The Contractor shall provide and maintain throughout the duration of the Contract his own
survey instruments in workable condition and in sufficient number. He shall be responsible
for the safe-keeping of all equipment against loss by theft. All equipments shall be of types or
makes approved by the S.O. The Contractor shall also have in readiness near the S.O.’s site
office pegs, poles, string lines, paints, sight rails, spirit levels and other tools necessary for
the purpose of setting out.

TO COLLECTION : RM

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 PRELIMINARIES

GENERAL MATTERS (Cont'd)

A Traffic Safety Provisions

The Contractor shall at all times take full and sufficient precaution to ensure the safety of all
traffic through and around the work site and of traffic that may be diverted by the Works.

To this the Contractor shall erect and maintain on the Site and at prescribed points on the
approaches to the Site all traffic signs, traffic guide rails, fences, signals and warning lights
necessary for the direction and control of traffic and for safety purposes. The sizes of all
such signs and the lettering and wording, thereon shall be in compliance with the Local
Authorities' requirements and approved by the S.O. before erection. Construction and
excavation shall be sign posted and during period of darkness, lighted to the approval of the
S.O.

All traffic safety provision shall be as required by the Traffic Control Authorities.

The temporary traffic signs shall comply with the requirements of the ARAHAN TEKNIK
(JALAN) 2C/85 and shall be reflectorised and shall be kept clean and legible at all times.

The Contractor shall provide, erect, position, maintain, clean, cover or remove these signs as
may be directed by the S.O..

B Programme Charts and Returns

The Contractor is reminded that he is to submit together with his tender, programme charts
relating to the Contract period for the consideration and approval of the S.O.

A comprehensive report on the methodology of design and construction sequence shall also
accompany the programme charts.

Upon award of the Contract, the Contractor shall prepare further detailed programme charts
for the Works based not only on the overall programme which the Contractor submitted with
his tender but also incorporating amendments deemed necessary by the S.O.. He shall
submit five (5) copies of this detailed programme chart to the S.O. within five (5) working
days from the date of the award of this Contract and he shall make subsequent revisions as
and when required. A current copy of the latest approved programme chart shall be
displayed on the site at all times for inspection by the persons concerned with the Works.

The Work Programme shall be either in the form of a bar chart or a critical path programme
and accompanied by schedules and shall show the programmed dates for the
commencement and completion of the principal elements of the Works in sequence including
but not restricted to the structure, external cladding, internal walls, ceiling and floor finishes,
sanitary services and mechanical and electrical services.

The Work Programme shall be submitted for approval and revised when instructed by the
Client or when the Project shown delay from -5% or below.

TO COLLECTION : RM

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 PRELIMINARIES

GENERAL MATTERS (Cont'd)

Programme Charts and Returns (Cont'd)

The Programme shall also show the programmed dates for the preparation and submission
of Shop / Working Drawings and the construction and testing of any prototypes.

The Programme shall not be amended except after consultation with and with the approval of
the S.O.. Up to date records of progress shall be kept by the Contractor and submitted to the
S.O. at weekly intervals.

The submission to and approval by the S.O. of such programme charts and returns shall not
relieve the Contractor of any of his duties or responsibilities under the Contract.

Any restrictions imposed by the relevant authorities in the movement or parking of vehicles or
other machinery in the vicinity of the site including work restrictions must be taken into
account in preparing the above programme.

A Progress Reports & Photo (5 sets)

(i) The Contractor shall prepare and submit to the S.O. and the Consultants weekly reports
on the daily records of weather conditions, number of workmen employed, quantity and
type of plant in use, detailed records of materials tested and generally the progress and
condition of the Contract.

(ii) The Contractor shall furnish to the S.O. particulars of his proposals for carrying out the
Works and of Constructional Plant and Temporary Works which he intends to supply,
use or construct as the case may be.

B Site Meetings

The Contractor and his team of works supervisors shall be required to attend all site
meetings called by the S.O. and shall arrange for the attendance at the appropriate times of
the senior representatives of all Sub-Contractors and Suppliers, nominated or otherwise.

The meeting shall be held at Consultant's site office and the Contractor shall provide all
necessary stationery and refreshment during the site meetings.

The purpose of these meetings/conferences is to assist in attaining full co-operation between

all concerned on the project as well as checking Works progress and providing the
opportunity for general discussion of the Works under this Contract.

In addition, the Contractor shall arrange meetings with all Sub-Contractors concerned at
frequent intervals to ensure proper co-ordination of the Works. The minutes of such
meetings shall be prepared by the Contractor and distributed to all parties concerned. The S.
O. and Consultants will attend such meetings if and when they consider it appropriate or
necessary.

TO COLLECTION : RM

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 PRELIMINARIES

GENERAL MATTERS (Cont'd)

A Progress Photographs

On the date of possession of the site, the Contractor together with the Consultants shall
record by way of photographs the existing site. Therefore, photographs are to be taken
periodically during the progress of the works and monthly, all strategic positions, and as may
be directed by the SO. The photographs are to be titled and dated and systematically
documented with plans showing positions and directions from where they are taken and six
(6) sets to be extended to the Employer. Each set shall consist a minimum of 12 different
copies of photographs taken from various elevations. The size for the photograph to be of
postcard size.

The photographs should indicate the actual extent of Works on site.

B Substitute Materials

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

In the event of substitute materials being accepted, an appropriate 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.

Rejection of the substitute materials shall not in any way relieve the Contractor of his
obligations under this Contract and he shall be liable for any delay or loss caused by his
failure and inability to provide the material as specified.

C Ordering of Materials

The Contractor shall place his orders for specified materials at the earliest possible date after
notification of the acceptance of his tender. He shall at the S.O.'s request, produce records
to show that these orders have been placed and shall make every effort to ensure that there
are no shortage of materials during the progress of the Works.

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

The Bills of Quantities are not to be used as the basis for ordering any materials. The
Contractor must take all sizes from the drawings issued for construction.

TO COLLECTION : RM

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 PRELIMINARIES

1/43
 PRELIMINARIES

GENERAL MATTERS (Cont'd)

A Imported Materials

The Contractor's attention is drawn to the fact that certain materials or goods required for the
Works may not be readily available by local purchase. It is the Contractor's responsibility to
have all materials and goods on the site for embodying into the Works as and when required.

When materials or goods as specified in the Contract Document cannot be purchased in the
local market, the Contractor shall immediately on signing the Contract, place orders for such
materials and goods with firm delivery dates from the suppliers to comply with the
construction programme and in order that the Works may be completed within the Contract
Period.

Copies of the Contractor's official requisitions for such materials or goods together with the
supplier's firm delivery dates are to be submitted to the S.O. as soon as practicable after the
signing of the Contract.

B Shipment of Materials

In the event materials or equipment for this Contract are to be shipped from abroad or
elsewhere, the Contractor shall arrange for such goods to be prepared same in such a
manner as to facilitate handling and shall protect same from damage or deterioration in
transit.

The Contractor shall transport all the materials or equipment included in this Contract from
the ship or air carrier to the Site and shall maintain full responsibility for loading and
unloading, handling, transportation, storage at Site and the corresponding insurances,
without extra cost to the Employer. The Contractor shall deliver the materials to the Site in
adequate time for preparation, erection and incorporation according to the approved
programme.

The Contractor's packing list shall include the following:-

(i) Number of packages in shipment.

(ii) Weight, dimension and volume of each package.

(iii) A complete detailed listing of each item contained within each package, clearly
identifying each item and quantity thereof.

The Contractor shall be responsible for customs clearance, loading , shipping, unloading and
placing materials at the Site storage yard designated by the S.O..

TO COLLECTION : RM

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 PRELIMINARIES

GENERAL MATTERS (Cont'd)

A Marine Insurance and Shipping

The Contractor shall include all costs of ocean freight, ocean cargo insurance, surcharge and
all port and agency charges and surcharges incurred in shipping materials equipment, etc.
including all off loading and in land and transporting charges to Site.

B Storage of Materials

All materials shall be checked by the Contractor when received against the packing lists.

The Contractor shall be responsible for and shall repair or replace any material or equipment
which has been damaged during transportation, storage, unloading and handling.

The Contractor shall unload and place material to be incorporated in the Works in storage at
the Site, at locations designated by the S.O.. All materials and equipment shall be
adequately protected for site storage. The Contractor shall be responsible for loading and
transportation from the place of storage to the point of erection within the buildings.

C Quality Assurance

The Contractor shall operate and maintain a Quality Assurance System to ensure the Works
are completed in accordance with the Contract.

Work procedures shall be documented and shall be available to satisfy the S.O. of the
effectiveness of the Q.A. System in the following areas of Contract execution :-

(i) Design.

(ii) Procurement, maintenance and packaging.

(iii) Construction and erection.

D Delivery Notes

One copy of each delivery note in respect of cement and steel bars (for reinforced concrete)
delivered for use at the Site shall be handed to the S.O.'s representative at the time of
delivery. A further copy is to be signed by the S.O.'s representative at the same time and a
signed copy of each delivery note is to be retained by the Contractor for submission if and
when called for.

TO COLLECTION : RM

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 PRELIMINARIES

GENERAL MATTERS (Cont'd)

A Import Duty, Tax, etc. and Custom Prohibitive Order (Import)

The Contractor shall thoroughly acquaint himself with the details of all Custom restrictions,
quotes and duties and shall allow in his rates for all such financial contingencies as he may
incur.

All imported materials and goods liable to such import duty, tariffs and taxes, etc., as are
provided for in the Customs Regulations, shall be paid by the Contractor and shall not be
recoverable.

The Contractor must obtain the necessary import licenses 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.

The Contractor is to bear all increases in import duty, tariffs and taxes, etc., that may arise
during the duration of this Contract. Such increases in import duty, tariffs and taxes, etc. are
not recoverable from the Employer.

During the course of the Contract, should the Employer be able to obtain any tax exemption
status on materials, an appropriate price reduction shall be made in respect of the waiver of
the import duty, tariffs and taxes, etc. on these materials.

B Taxation

The Contractor must pay tax on profits made by him and due in accordance with any tax
laws which are in force or which may come into force and the Contractor's employees shall
be liable to pay income tax in respect of their salaries chargeable in accordance with any tax
laws as aforesaid. The Contract Sum shall be deemed to include for complying with all such
laws in force in Malaysia.

This clause shall be deemed to cover any particular requirements applicable to joint venture
Contractors.

C Samples

Provide free sample of proposed materials and workmanship to the S.O. for approval before
any bulk ordering can be made. These samples shall be kept by the S.O. who shall have the
power to reject all such materials and condemn such workmanship that do not correspond
with the approved samples.

TO COLLECTION : RM

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 PRELIMINARIES

GENERAL MATTERS (Cont'd)

A Material Tests

Allow for all expenses and fees for tests which the S.O. may direct the Contractor to carry out
in accordance with the Conditions of Contract for the following list of materials to be tested in
accordance with the relevant B.S. standards or other standards as approved by the S.O.:-

(i) Fine aggregates.

(ii) Coarse aggregates.

(iii) Cement.

(iv) Steel reinforcement.

(v) Concrete.

(vi) Welding of reinforcement and connections.

(vii) Ceiling prototypes.

(viii) Fire doors prototypes.

(xi) Pipes and fittings.

(x) Cables and electrical fittings.

(xi) Any other materials as required by the S.O..

Samples of the frequency of concrete compressive testing shall be taken daily as follows:-

For ready-mix concrete

1 truck - 1 sample

2 - 5 trucks - 2 samples

6 - 10 trucks - 3 samples

11 - 20 trucks - 4 samples

And for each additional 10 trucks - 1 sample

TO COLLECTION : RM

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 PRELIMINARIES

GENERAL MATTERS (Cont'd)

Material Tests (Cont'd)

For site mixed concrete

5 cubic metres and less - 1 sample

5 - 20 cubic metres - 2 samples

20 - 40 cubic metres - 3 samples

40 - 80 cubic metres - 4 samples

And for each additional 40 cubic metres - 1 sample

Each sample shall comprise a set of six (6) cubes.

A Safety Measures for Building Construction

The Contractor shall pay particular attention to his disposition of plant especially cranes
locations within the area of operations so as to ensure no interference in the construction
works. Shift the plant to new positions from time to time as directed by the S.O. should
unreasonable obstructions be caused.

The Contractor shall provide and install all necessary protective netting or other measures to
the building for the safety of his own and Sub-Contractor's Workmen and for the protection of
the public from all risks of injury especially by articles falling from the building throughout its
construction to the satisfaction of the Authorities and the S.O..

The netting, framing and such safety measures must be properly clamped, cleated and/or
bolted to the reinforced concrete structure and properly hung, braced and tied with steel wire
cables with turnbuckles, etc. to withstand all wind forces.

The S.O.'s approval of the safety measures shall not relieve the Contractor who shall be
solely responsible for the complete adequacy of the protective provisions which are
necessary for the safety of all workmen and the public at all times of construction.

In all cases, the Contractor is to submit his design of the proposed protective system for the
approval of the S.O. before fabrication and erection.

Allow here for all costs and expenses for the protective system including maintaining, adding,
adapting, modifying, taking down, refixing from time to time as and when necessary.

TO COLLECTION : RM

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 PRELIMINARIES

GENERAL MATTERS (Cont'd)

A Health & Safety Requirements for Building Works

The Contractor shall allow for all cost incurred in complying with the safety and health
requirements to allow in his rates for any extra costs or measures in compliance with the
requirement including additional costs incurred in the event of non-compliance of the
requirement.

Provision of a Safety & Health Policy.

Provision of a Site Safety and Health Officer (throughout the contract period) if project
exceeds RM20 million.

Provision of a Site Safety and Health Supervisor.

Provision of a Site Safety and Health Committee.

Safe Operating Procedure (SOP) for machinery.

Certificate of Fitness i.e. PMA, PMT for Crane, Piling machine & Genset.

Scaffolding:- Erection and Dismantling:-

(a) Certified by Professional Engineer if exceeding 15 meters.
(b) Competent scaffolder registered with DOSH.

Public Safety:-
(a) Safety Signages.
(b) Security System.
(c) Flagman or Signalman.

Site Camp:-
(a) Separated from working area.
(b) Provision of Fire Extinguisher.
(c) Provision of First Aid Kit.

Environmental Aspects:-
(a) Prohibition of discharge of oil into Malaysian waters.
(b) Prohibition of discharge of wastes into Malaysian waters.
(c) Prohibition on open burning.
(d) Prohibition against placing, deposit, etc. of scheduled wastes.

Excavation and Shoring:-

(a) Safe Operating Procedure or Method Statement.
(b) Provision of temporary support such as I) sheet pile or timber, etc.
(c) Provision of ladder for excavation more than 2 meters.
(d) Permit to Work (if any).

TO COLLECTION : RM

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 PRELIMINARIES

GENERAL MATTERS (Cont'd)

A Environmental Impact Assessment

Contractor shall comply with all the conditions and as required by the statutory Body
requirements and shall be directly responsible for it. The Contractor shall also ensure that his
method of construction do not contravene any of the stipulated conditions. He shall make all
necessary corrections and modifications where necessary in order to comply and his
Contract Sum is deemed to be included for it.

Should the Contractor be found to have contravened any of the conditions and requirements,
he is under penalty by the local authorities and may be liable for fines and/or cessation of
work. In the event that his work is stopped due to this penalty, no extension of time shall be
given for the stoppage of work.

All fines and other costs of corrections and modifications shall be borne entirely by the
Contractor. Where the fines are directed to the Employer, the cost of the fines payable shall
be deducted from the Contractor's account as a variation omission without any protest or
contest by the Contractor.

B Fire Precautions

Attention is drawn to the strict fire regulations to be observed particularly where highly
inflammable fuels are stored. Smoking by workmen or burning rubbish on site is strictly
forbidden in or near these areas.

The Contractor shall ensure that all his inflammable goods, e.g. adhesives, paints, fuel, etc.
are stored in non-combustible stores. Proper and clear instructions must be given to
workmen using gas-cutting and welding equipment to ensure minimum fire risks.

Portable fire extinguishers of A.B.C. 9 kg type shall be provided in adequate quantity and
properly housed and protected against misuse on every portion of the site where works are
being carried out.

Provide a temporary water tank of minimum 30 cubic metres capacity for use as reserve
water for fire fighting purposes. This reserve water can be used for construction purposes on
the Works but must be constantly maintained at the minimum capacity.

D Confinement of Labour to Site

The Contractor shall keep all persons under his control, including those employed by his
Sub-Contractors, merchants and suppliers, to the site only and shall keep unauthorised
persons off the site. He shall indemnify the Employer against any damages arising from
trespass, interference and nuisance of any kind to the neighbouring areas or work site.

TO COLLECTION : RM

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 PRELIMINARIES

GENERAL MATTERS (Cont'd)

A Liability for Nuisance

The Contractor will be solely responsible for any damage, accident, annoyance, nuisance or
disturbance to exising roads, footpaths, premises, owners or occupiers of adjoining
properties, and the public arising from the carrying out of the Works.

The Contractor will undertake to make good any damage and indemnify the Employer
against all claims, proceedings and damages arising out of, or in relation to, any such
matters.

B Pollution Control, Flooding, Noise Control Measures Etc.

The Contractor shall be responsible for taking all necessary measures to effectively prevent
the spread of dust, debris, rubbish, silt, flood, pollution, soil erosion and other nuisance
caused by the construction of the Works into neighbouring properties, roads, drains, rivers,
water courses, creeks, etc. all to the satisfaction of the Local Authorities and the S.O..

Mechanical plant and equipment which emit excessive noise, water, smoke, fumes and/or
obnoxious liquids, gases shall not be allowed to be used on site.

All measures shall be taken to prevent spillages from concrete mixing operations, oils or
other deleterious materials into any new or existing drainage system or natural watercourse.
Should any drainage system or watercourse be fouled by such materials the Contractor shall
clean the drainage system or watercourse at his own expense to the satisfaction of the S.O..

All necessary precautions must be taken to prevent nuisance from noise. Plants and
equipment shall be fitted with noise suppressors recommended by manufacturer.

C Site Open Burning

No open burning is allowed. Notwithstanding the terms conditionss imposed by Jabatan

Alam Sekitar or other terms stated in the Tender/Contract Documents, the Contractor
including his agents and workmen found to allow open burning on site shall be liable to the
following penalty:

1st offence - RM 1,000.00

2nd offence - RM 3,000.00
3rd offence - RM 5,000.00

D Mosquitoes Control

The Contractor shall refrain from dumping or depositing refuse spoil, unused materials,
empty bottles, cans and other containers capable of collecting liquids which afford breeding
places for mosquitoes. The Contractor shall be held responsible for mosquito nuisance at
site and the surroundings arising from non-observance of this Clause and will be required to
employ whatever mosquito destructive measures as directed and as may be required by the
Local Authority, and to pay all charges in connection therewith.

TO COLLECTION : RM

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 PRELIMINARIES

GENERAL MATTERS (Cont'd)

A Dust Prevention

The Contractor shall make adequate provision by spraying water, erecting protective screens
or other suitable methods to prevent any nuisance or damage by dust to all work under this
Contract or to persons and property in the vicinity and he will be held responsible for any
complaints, damage or claim in this connection.

B Proposed Enviromental Control and Protection Plan (ECP)

The Contractor shall take all necessary precaution to preserve and protect all earth slopes,
embankment whether existing and newly formed, from erosion and like earth slips. He shall
construct adequate temporary water courses and rains and take other protective and
preventative measures to prevent erosion like earth slips from occurring. Should slip occur
due to contractor neglect to take necessary precaution to preserve the earth slope he shall at
his own expense make goods such slips to the entire satisfaction of the Architect's/SO. and
indemnify the Employer in respect of any claim or proceeding arising out his neglect of this
clause.

The Contractor shall de-water the site as necessary during the construction of the Works and
to keep the Site and the Works dry throughout the period of the Contract.

The Contractor shall provide all necessary labour, pumps and other equipment for daily and
continuous pumping out of water and provide all necessary temporary sumps and drains
including maintenance and removal upon completion.

The Contractor shall make adequate provision by spraying water by means of water truck
including operator, pumping of water, water tank and other necessary equipment for carrying
out water spraying as directed by the S.O.

In addition to any other requirement mentioned elsewhere in the Documents, the Contractor
shall submit for the S.O.'s approval, prior to the commencement of construction of the Works
or any temporary works, detailed plans of the measures he proposes to take for drainage
during construction of the Works and temporary works, the prevention of the movement of
eroded materials and debris from his construction areas into natural watercourses, adjacent
river and on to adjoining land.The Contractor shall carry out at his own expense all such
approved measures and any additional measures the S.O. may from time to time require to
improve their effectiveness. The operation of this Clause shall in no way absolve the
Contractor from any of his obligations under the Contract.

C Maintenance of Existing Roads and Building

The Contractor shall arrange for the conveyance of his materials and goods so as to cause
minimum damage to public and private roads, footpaths, culverts, kerbs, road side drains,
etc. and keep the approaches to the site clear of mud and debris. The Contractor is to make
good any incidental damages caused by his own or any Sub-Contractor's or Suppliers'
transport at his own expense or pay all costs and charges in connection therewith.

On no account must the adjoining roads be obstructed or damaged. Should these roads be
obstructed or damaged, the Contractor must restore same immediately to their original
condition at his own expense.

TO COLLECTION : RM

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 PRELIMINARIES

GENERAL MATTERS (Cont'd)

Maintenance of Existing Roads and Building (Cont'd)

All roadways must be kept clear at all times and must be used only for the passage of
vehicular traffic. Under no circumstance may they be used as a temporary storage area.

The Contractor shall indemnify the Employer against all liability loss, claim or proceedings in
respect of damage to adjoining structures as a results of the Works. Damages to adjoining
structures, whether already constructed or in progress caused by the Contractor shall be
rectified at his own expense.

A Inspection of Covered Work

Any work covered up shall, at the request of the S.O. be opened up for inspection all at the
Contractor's expense.

B Existing Services

The Contractor shall notify the S.O. immediately of any existing services such as water,
electricity, drainage etc. which will be affected by the works and shall immediately provide
adequate supports and protection of the S.O. and at his own expense.

Protect and maintain all existing pipes, ducts, sewers, service main overheads cables, etc.,
during the execution of the work. The Contractor shall be responsible for any damage done
during the progress of the works and shall meet all costs and repairs and reinstatement due
to such damage.

If any service, private or otherwise for water, electricity, drainage, etc., passing through the
site will be affected by the works, the Contractor shall immediately notify the S.O. who shall,
at his sole discretion, arrange to re-site the affected services. The Employer shall bear all
costs and expenses arising therefrom.

C Order of Work

The whole of the Works must be proceeded with in such sections, order or manner and at
such times as may be ordered by the S.O..

The Contractor shall not be entitled to claim any expenses if the S.O. directs the Contractor
to re-organise his work force so as to complete the Works on time within the Contract period.

D Drainage During Construction

In addition to any other requirement mentioned elsewhere in the Documents, the Contractor
shall submit for the S.O.'s approval, prior to the commencement of construction of the Works
or any temporary works, detailed plans of the measures he proposes to take for drainage
during construction of the Works and temporary works, the prevention of the movement of
eroded materials and debris from his construction areas into natural watercourses, adjacent
river and on to adjoining land.The Contractor shall carry out at his own expense all such
approved measures and any additional measures the S.O. may from time to time require to
improve their effectiveness. The operation of this Clause shall in no way absolve the
Contractor from any of his obligations under the Contract.

TO COLLECTION : RM

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 PRELIMINARIES

GENERAL MATTERS (CONT'D)

A Water for the Works

The Contractor shall make his own arrangements for providing all necessary clean, fresh
water fit for drinking, for use on the Works and testing, providing all temporary plumbing and
storage facilities and clear away and make good on completion and pay all costs and
charges in connection therewith.

B Lighting and Power for the Works

The Contractor shall provide and pay all charges for lighting and power for the Works and all
temporary accommodation including temporary cables, mains, sub-mains, wirings, fittings,
metering, etc. and for lighting to hoardings and the like and maintain, adapt as necessary
and clear away and make good all disturbances on completion.

The Contractor shall give notice to and pay all fees and charges for connection, distribution
and consumption to the Electrical Authority.

The Contractor is to observe any power load restriction imposed from time to time by the
Authority concerned.

The Contractor shall liaise with TNB on the system and capacity of temporary supply and all
costs incurred for these works shall be included in this Contract.

Where electric current is taken from an alternating current supply for temporary lighting or
portable apparatus, it will be the responsibility of the Contractor to reduce the operating
pressure as may be required and to take all necessary safety precautions with regard to his
work people making use of the supply.

The Contractor will be deemed to have satisfied himself as to the availability of electricity
supplied before tendering. Should temporary power supply are not available from the supply
authority, the use of generator sets shall be to the approval of TNB and Chief Electrical
Inspectorate of Malaysia.

TO COLLECTION : RM

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 PRELIMINARIES

GENERAL MATTERS (CONT'D)

A Watching and Security for the Works

The Contractor shall safeguard the Works, materials and plant against vandalism damage or
theft including all necessary watching and lighting for the security of the Works and the
protection of the public; and provide shelter and fuel for watchmen and/or security guards
required.

The Contractor shall be solely responsible for the safety of materials, fixed or unfixed, and
materials, fix or unfixed, from Suppliers and Sub-Contractors whether under contract to him
or not.

Although solely responsible, the Contractor may nevertheless make his own private
arrangement with other Suppliers or Sub-Contractors for the latter to provide additional
and/or separate arrangements for safeguarding their own materials and completed works.

The Contractor shall employ sufficient security guards for round-the-clock duties to ensure
the complete safety of Works and materials.

The Employer shall be indemnified by the Contractor for whatever loss due to damage, theft
or vandalism both for his own works and Suppliers' and Sub-Contractors' works.

B Liaising With Authorities

The Contractor must liaise with all the relevant authorities and obtain all necessary approvals
for the works and provide all drawings, submission forms, etc. and pay all fees as required by
the Authorities in order to obtain all the approvals needed. The Contractor shall be fully
responsible in obtaining such approvals to enable the Employer to obtain the Certificate of
Fitness.

C Local Authorities' Specific Requirements

The local authorities has imposed conditions and requirements on matters relating to Site
Office, Safety, Kongsi House, Piling, etc.

Notwithstanding anything written before in these Preliminaries, the local authorities'

conditions and requirements shall take precedent and the Contractor is held responsible and
is directly liable to fulfil these conditions and requirements. The Contractor shall bear all
fines, charges, etc. for any non-compliance.

TO COLLECTION : RM

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 PRELIMINARIES

TEMPORARY WORKS

A Temporary Access and Site Drainage

The Contractor may form his own access to the site from the public roads and to various
areas of the Works with all temporary roads, ramps, gangways, bridges, tracks, barrow runs,
hard standings, crossings, deviations, etc. and temporary site drainage and culverts as may
be required and remove same at the completion and make good all works disturbed including
reinstating the site on completion and filling in depressions made by traffic.

The Contractor shall ensure that none of the access works (whether of a permanent or
temporary nature) shall obstruct or impede drainage or have other avoidable adverse effect
on surrounding land and properties.

Any arrangements for the use of existing tracks, etc. with neighbouring land owners must be
made by and at the cost of the Contractor.

B Contractor's Storage, Welfare and Office Accommodation

The Contractor shall allow for complying with all Safety, Health and Welfare Regulations,
appertaining to all work people employed on the site.

The Contractor shall erect and maintain adequate, secure, watertight and well lighted
temporary buildings for his use at locations approved by the S.O.:-

(a) temporary office and canteen facilities for the Contractor's staff

(b) temporary workmen accomodation with proper kitchens, adequate bathing places and
latrines with temporary septic tank for the use of workmen, together with all necessary
water and drainage facilities.

The Contractor shall note that in the event that there are complaints from the
neighbouring owners and/or the Authorities, he shall take immediate actions to remove
the workmen accommodation and temporary buildings and make alternative
arrangements all at his own costs including paying all fines and charges in connection
therewith.

(c) proprietory made mobile temporary toilets for the use of workmen together with all
necessary water and drainage facilities

(d) Watertight sheds for the storage of materials, plant, tools, etc.

(e) Cement etc. shall have floors raised at 300 mm above ground level.

All the temporary buildings shall be regularly cleaned, deodorised and sanitized and properly
maintained in accordance with the Health Authority requirements.

Alter, move and adapt all temporary buildings from time to time as necessary and remove on
completion.

Make all conservancy arrangements and pay all charges connected with this Clause.

Make good all areas disturbed after removal of these temporary buildings.

TO COLLECTION : RM

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 PRELIMINARIES

TEMPORARY WORKS (Cont'd)

A Temporary Hoarding

The Contractor shall erect and maintain in good condition throughout the duration of Contract
new metal temporary mild steel framed hoarding together with lockacble gate including all
necessary footing all as per Architect's Detailed Drawings.

The contractor shall alter, move, maintain and adapt from time to time the site hoardings and
entrance gates. On completion of the Contract, the Contractor shall hand over the site to the
employer upon making good all disturbances.

The Contractor is to ensure that his workmen, plant and materials are confined to the area
delineated for the works.

B Temporary Site Office for Client/Consultants’ Representatives

Allow for providing an air-conditioned site office with all necessary furniture and fittings for
comfortable work, site meetings and discussion of plans. The office shall be of approved size
and constructed with separate rooms for Contractor, Clerk-of-Work or S.O.’s Representatives
and a meeting room and shall be furnished with desks and chairs. Doors shall be fitted with
night latches and one set of keys shall be lodge with the S.O. The whole to be maintained in
good condition with necessary repairs for the duration of the contract and shall be handed
over to the Employer upon completion of the Work. Layout plans for site office shall be
approved by S.O. prior to construction by Contractor.

Allow for maintaining, altering, making good, relocating and adopting as may be requested
by the S.O. throughout the contract period.

The Contractor is responsible for submitting plans and obtain approval from Authorities for
the temporary site office building.

The Contractor shall also allow for providing adequate furniture and other offices facilities as
requested by the S.O. The Contractor shall allow for maintaining/resisting from time to time
and removed from site upon completion of the work.

The Contractor shall be responsible or complying with the provision of any by-law, order or
regulation applicable to the office and pay all fees and charges in connection therewith.

Allocate one lockable toilet for the exclusive use of the Site supervisory staff and
Consultants.

C Temporary Site Telephone Facilities And Facsimile

The Contractor shall provide and maintain separate telephone lines and facsimile machine to
the Consultant’s site office solely for the use of the site supervisory staff and the Consultant
for the full period of the Works and pay all rental charges and expenses in connection
therewith and remove on completion.

TO COLLECTION : RM

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 PRELIMINARIES

TEMPORARY WORKS (Cont'd)

A Signboard

The Contractor shall allow for providing and erecting 1 No. signboard as shown on drawing
and allow for altering, shifting, adapting, making good, maintaining and removing from site on
completion as directed by the S.O. Allow for paying all charges and fees including obtaining
license and permit in connection therewith.

B General Scaffolding and Staging

Provide and maintain all necessary scaffolding together with planks, battens, cat-walks,
gangways, ladders, etc. and provide special staging where required in positions of unusual
height or construction for the proper execution and completion of the Works including those
of Sub-Contractors and pay all costs and charges in connection therewith.

If the Contractor should strike any of his scaffolding before ascertaining whether it is required
by any Sub-Contractor or Local Authority, he must re-erect it, if so required, at his own
expense.

The Contractor shall allow for all costs in relation to dismantling and re-erecting the
scaffolding due to the timing, programming and completion of the works of various trades
including those of Sub-Contractors.

The Contractor is required to engage a qualified (registered with the appropriate authority)
person who shall supervise and endorse the erection and the dismantling of the scaffoldings.

C First Aid Care

The Contractor shall provide first aid kits at the site office and at suitable locations on site
and within the buildings as the Works progress and shall instruct an adequate number of
persons in their use.

D Lightning Arrestors

The Contractor shall provide proper and adequate lightning arrestors to the project office, site
cabins and all temporary buildings and shall be properly earthed to the S.O.'s approval.

TO COLLECTION : RM

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 PRELIMINARIES

NOMINATED SUB-CONTRACTORS AND SUPPLIERS

A Attendance Upon Nominated Sub-Contractors and Suppliers

(a) The Contractor shall allow alongside the items of P.C. Sums ( if any ) elsewhere in the
Bills for facilities upon Nominated Sub-Contractors and Specialists and attendance
which should include for the following:-

(i) Lending full co-operation to them to enable them to expedite their work.

(ii) Providing to them free and reasonable use of the Contractor's plant, hoist,
gantries, scaffolding, electric light and power, water and other usual facilities.

(iii) Making way for them and/or removing obstructions and generally facilitating their
transportation and unloading of their materials and plant including getting in,
providing lock-up storage space and working space and eventually getting out.

(iv) Co-ordinating and organising his and all the Sub-Contractors' and Specialists'
works with maximum earnestness and diligence so as to ensure the correct
timing, sequence and completion of all operations on time.

(v) Clearing away rubbish and making good after the Sub-Contractor's and
Specialists' works as the Works proceed.

(vi) Co-ordinating his and all the Sub-Contractors' and Specialists' works so as to
ensure the correct position of built-in hangers, bolts, conduits, grille openings,
etc., for fixtures and equipment installed by other Sub-Contractors and
Specialists, leaving of chases, openings, mortices, etc., and minimise cutting
away. No claims for extra costs will be entertained if cutting away is necessitated
in consequence of (a) the Contractor's neglect and (b) the Sub-Contractor or
Specialists' late information to the Contractor; in which case the Sub-Contractors
or Specialists will execute the cutting away at their own expense or pay the
Contractor for doing the work and for making good. Particular attention is drawn
to service pipes that are to be cast or chased into slabs. In certain cases the
Contractor may elect for chasing in lieu of casting; in such cases chasing will be
permitted on condition that the Contractor bears the cost of extra thicknessing to
the structural slab.

(vii) Covering up and protecting all the Sub-Contractors' and Specialists' completed
work as the Works proceed and providing security against theft and damage until
handing over to the Employer.

(viii) Any other charges or entitlements (other than those mentioned above) which the
Contractor deems he is entitled to.

The words "Allow for Attendance as described" where used in the Bills shall mean
provision of general facilities as described in (i)-(viii) above and for free use of plant and
hoisting facilities, etc., safety, health and welfare of workpeople, safeguarding works,
water, lighting and power and general scaffolding as previously described by items of
those headings.

TO COLLECTION : RM

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 PRELIMINARIES

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 PRELIMINARIES

NOMINATED SUB-CONTRACTORS AND SUPPLIERS (CONT'D)

A Nominated Suppliers

The words "FIX ONLY" where used in these Bills of Quantities shall mean for taking delivery,
unloading and getting in, checking, returning empty packing cases, storing, protecting,
handling, hoisting and fixing.storing, protecting, handling, hoisting and fixing.

B Specialists/Trademen Employed by Employer

In the event of any Specialists firm or firms being employed by the Employer under Direct
Contract for works which would normally be undertaken by Nominated Sub-Contractors, the
Contractor shall provide attendance upon such Specialists in the same way as though they
were Nominated Sub-Contractors to this Contract and would be required in addition to co-
ordinate their work to ensure that the overall building programme is met.

The Contractor shall liaise where necessary with any other Contractors who may be
employed on the site and no claims will be considered on the grounds of
hindrance/obstructions experienced due to the presence of other Contractors being
employed on or near the site.

C Client's Fixtures

The Contractor shall permit and provide all facilities to the Employer to enter upon and install
fixtures and equipment in the building and site during the construction of the Works. No
claims will be entertained in respect of any inconvenience caused to the Contractor in this
regard.

TO COLLECTION : RM

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 PRELIMINARIES

PROTECTION AND CLEANING OF THE WORKS

A Protection of Materials and Completed Work

Provide all things necessary for the proper protection of materials and complete work and
comply with all the directions of the S.O. in this respect.

The Contractor shall protect the Works from injury and shall make good any damage caused
by weather, carelessness or otherwise.

The Contractor shall provide tarpaulins, dust sheets and all other things necessary for proper
protection of material and completed work and maintain and remove them on completion.

B Removal of Rubbish

The Contractor shall remove all rubbish and superfluous materials including Sub-Contractors'
rubbish and the rubbish of other contractors in direct contract with the Employer from the site
as it accumulates from time to time so as not to impede the progress of the Works and at
completion.

The Contractor shall provide all necessary temporary refuse disposal areas at locations as
directed by the S.O. for the discharge of all rubbish and superfluous materials.

Particular attention is drawn to burning of rubbish should be prohibited on the Site.

All rubbish shall be removed off the site to authorised dumping areas designated by the
Local Authorities.

C Upon Completion of the Works

On completion of the Works and before handing over, clean the site inside and out and leave
the whole of the premises and areas surrounding the works tidy, sound and perfect, free from
defects to the entire satisfaction of the S.O. and commissioned ready for occupancy.

Also clear the site of temporary works and plant and leave the site clear and unencumbered.

All broken and/or damaged fitting and equipment shall be replaced with new and which in the
opinion of the S.O. the damaged is caused by the Contractor's works, the Contractor shall
bear all costs in the rectification of the same.

The Contractor shall also:-

(a) Remove all paint spots from floors, walls, hardware, glass, etc.

(b) Clean and polish all glass, tiles and stainless steel surfaces.

(c) Ease all doors and windows and leave them free to move.

(d) Perform all water tightness tests to windows, seal all joints and leakages and ensure all
drainage outlets and points are sufficient and functioning properly without giving cause
for stagnation of rainwater or leakage.

TO COLLECTION : RM

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 PRELIMINARIES

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 PRELIMINARIES

PROTECTION AND CLEANING OF THE WORKS (CONT'D)

Upon Completion of the Works (Cont'd)

The Contractor shall also:- (Cont'd)

(e) Touch up all paint finishes.

(f) Hand over all keys to the S.O., keys shall have identifying tags attached.

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

(h) Vacuum, wash, clean and when dry, polish all floor finishes.

(i) Clear all sanitary fittings, drains, manholes, etc. of all debris, blockages or obstructions.

(j) Roofs watertight with gutters and rainwater downpipes cleaned and cleared of all
rubbish and superfluous materials.

(k) Leave the building and the grounds perfectly clean and tidy at completion to the
satisfaction of the S.O..

In the event of the Contractor not clearing away the above mentioned material and plant or
have not carried out all the necessary cleaning of the works and replacement of the
damaged works all to the satisfaction of the S.O. and within the stipulated time, the S.O. will
be empowered to perform such works, either by employing a third party for such purposes or
dealing with such direct and the costs of such clearing away will be deducted from the
Contractor's final payment. The S.O. and the Employer will not be held responsible or liable
for any material or plant left upon the site.

A Urgent Defect Rectification Works

When in the opinion of the Architect any defects, shrinkages or other faults, which shall
appear within the Defect Liability Period and need immedate attention such as roof leakage,
pipe leakage etc. the Contractor must within 24 hours after receipt of such instruction comply
with the same.

TO COLLECTION : RM

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 PRELIMINARIES

PROTECTION AND CLEANING OF THE WORKS (CONT'D)

Urgent Defect Rectification Works (Cont'd)

If within 24 hours after receipt of a written notice from the Architect/Employer requiring
compliance with instruction the Contractor does not comply therewith, then the Employer will
employ and pay other persons to execute any work whatsoever which may be necessary to
give effect to such instruction and all costs incurred in connection with such employment will
be recoverable from the Contractor by the Employer as a debt or may be deducted by him
from any monies due or to become due to the Contractor under this Contract.

Allow for inspecting the Works at the end of the 24 months Defect Liability Period and
making good all defects in accordance with Clause 15 of the Conditions of Contract. Allow
also for inspecting and making good such defects that may be of an urgent nature during the
Defect Liability Period.

MISCELLANEOUS ITEMS

A Stamp Duty

The Contractor shall be responsible for stamping of Contract Document and other similar and
relevant documents and shall pay all the stamp duties and other charges in connection with
the above in accordance to the latest regulation made by Treasury Malaysia.

The Contractor shall allow and pay a stamp duty for the Main Contract all in
accordance to the latest rate imposed by the Treasury.

Maintenance (Data) Manuals

B When work is completed the Contractor shall submit four (4) copies of all warranties,
manufacturer's literature and other information for materials and equipment as listed in the
specifications.

TO COLLECTION : RM

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 PRELIMINARIES

MAINTENANCE OF TEMPORARY WORK

Temporary works, including all necessary alteration, shifting or diversion necessary progress
of work and/or Contractor's method operation and removal, filling up and making good when
no longer required:-
A Silt Trap

Maintain dry sediment basin details as shown on Engineer's drawing BMS/L3108/EW01&03

including all necessary outlet, spillway and maintainance throughout the duration of the
contract period and backfill with approved materials when no longer required, all as directed
by the S.O.

Aproximately overall size 20m x 13m x 1m depth

B Wash Through

Construct reinforced concrete wash trough overall size 6.00m x 3.65m to details as shown on
Engineer's drawing BMS/L3108/EW/03 complete with storage tank and piping works,
overflow outlet, sump pit, concrete works, steel and reinforcement works, hardcore base and
crusher run up to boundary, including all necessary desilting, maintenance during the
duration of the contract period and removal after completion of the works as and when
directed by the S.O

C Maintain Earth Drain

Maintain and make good to earthdrains, forming a clear and unobstructed waterway all as
directed by the S.O

Maintain Temporary Bridge

D Maintain temporary bridge using used 300x300 rc pile including compacted suitable material
/ hardcore as based, temporary 900mm diameter culvert, channelizing devices, maintenance
and remove away when not in use as directed by Client/Consultant

TO COLLECTION : RM

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 PRELIMINARIES

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 PRELIMINARIES

GENERAL CONDITIONS AND PRELIMINARIES APPLYING TO THE

WHOLE OF THE WORKS

COLLECTION

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CARRIED FORWARD : RM

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GENERAL CONDITIONS AND PRELIMINARIES APPLYING TO THE

TO THE WHOLE OF THE WORKS (CONT'D)

COLLECTION BROUGHT FORWARD : RM

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GENERAL CONDITIONS AND PRELIMINARIES APPLYING TO THE

TO THE WHOLE OF THE WORKS (CONT'D)

COLLECTION BROUGHT FORWARD : RM

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GENERAL CONDITIONS AND PRELIMINARIES APPLYING TO THE

TO THE WHOLE OF THE WORKS (CONT'D)

COLLECTION BROUGHT FORWARD : RM

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SECTION 1 - GENERAL CONDITIONS AND PRELIMINARIES

APPLYING TO THE WHOLE OF THE WORKS RM
CARRIED TO FINAL SUMMARY OF TENDER

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RM

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 PRELIMINARIES

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-DELETED-

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20,000.00

20,000.00

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 PRELIMINARIES

10,000.00

10,000.00

1/84
 PRELIMINARIES

1/85
 PRELIMINARIES

1/86
 PRELIMINARIES

1/87
 PRELIMINARIES

1/88
 PRELIMINARIES

1/89
 PRELIMINARIES

1/90
 PRELIMINARIES

1/91
 PRELIMINARIES

1/92
 PRELIMINARIES

1/93
 PRELIMINARIES

1/94
 PRELIMINARIES

1/95
 PRELIMINARIES

1/96
 PRELIMINARIES

1/97
 PRELIMINARIES

1/98
 PRELIMINARIES

1/99
 PRELIMINARIES

1/100
 PRELIMINARIES

1/101
 PRELIMINARIES

Nett Saleable Area (39,658) fs

@ (170) /fs
(6,741,860) @
(481,561.43)

1/102
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1/103
 PRELIMINARIES

0.00

1/104
 PRELIMINARIES

c.s
0.125% ( 6,869,639.60) ( 8,587.05)

8,000.00

8,000.00

1/105
 PRELIMINARIES

1/106
 PRELIMINARIES

1/107
 PRELIMINARIES

1/108
 PRELIMINARIES

1/109
 PRELIMINARIES

1/110
 PRELIMINARIES

0.00

1/111
 PRELIMINARIES

1/112
 PRELIMINARIES

-INCLUDED
IN
PROGRESS REPORT-

1/113
 PRELIMINARIES

1/114
 PRELIMINARIES

1/115
 PRELIMINARIES

1/116
 PRELIMINARIES

1/117
 PRELIMINARIES

1/118
 PRELIMINARIES

1/119
 PRELIMINARIES

0.00

1/120
 PRELIMINARIES

1/121
 PRELIMINARIES

9,500.00

9,500.00

1/122
 PRELIMINARIES

10,000.00

10,000.00

1/123
 PRELIMINARIES

1/124
 PRELIMINARIES

1/125
 PRELIMINARIES

1/126
 PRELIMINARIES

10,000.00

-PROVIDED BY
CLIENT-

10,000.00

1/127
 PRELIMINARIES

-PROVIDED BY
CLIENT-

-PROVIDED BY
CLIENT-

PILING XDE

1/128
 PRELIMINARIES

BY PILING
CONTRACTOR

0.00

1/129
 PRELIMINARIES

1/130
 PRELIMINARIES

1/131
 PRELIMINARIES

1/132
 PRELIMINARIES

1/133
 PRELIMINARIES

1/134
 PRELIMINARIES

1/135
 PRELIMINARIES

5,900.00

PILING TAKDE

5,900.00

1/136
 PRELIMINARIES

10,000.00

PILING TAKDE

10,000.00

1/137
 PRELIMINARIES

1/138
 PRELIMINARIES

20,000.00

10,000.00

30,000.00

1/139
 PRELIMINARIES

30,000.00

8,000.00

38,000.00

1/140
 PRELIMINARIES

38,000.00

9,500.00

10,000.00

10,000.00

67,500.00

1/141
 PRELIMINARIES

67,500.00

5,900.00

10,000.00

83,400.00

1/142
 PRELIMINARIES

1/143
 PRELIMINARIES

1/144
 PRELIMINARIES

1/145
 PRELIMINARIES

1/146
 PRELIMINARIES

1/147
 PRELIMINARIES

1/148
 PRELIMINARIES

1/149
 PRELIMINARIES

1/150
 PRELIMINARIES

1/151
 PRELIMINARIES

1/152
 PRELIMINARIES

1/153
 PRELIMINARIES

1/154
 PRELIMINARIES

1/155
 PRELIMINARIES

1/156
 PRELIMINARIES

1/157
 PRELIMINARIES

1/158
 PRELIMINARIES

1/159
 PRELIMINARIES

1/160
 PRELIMINARIES

1/161
 PRELIMINARIES

1/162
 PRELIMINARIES

1/163
 PRELIMINARIES

1/164
 PRELIMINARIES

1/165
 PRELIMINARIES

1/166
 PRELIMINARIES

1/167
 PRELIMINARIES

1/168
 PRELIMINARIES

1/169
 PRELIMINARIES

1/170
 PRELIMINARIES

1/171
 PRELIMINARIES

1/172
 PRELIMINARIES

10.00% = (674,186.00) = (1,847.08)

(365) say (1,800.00) / day for LAD

1/173
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1/174
 PRELIMINARIES

1/175
 PRELIMINARIES

1/176
 PRELIMINARIES

1/177
 PRELIMINARIES

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 PRELIMINARIES

1/179
 PRELIMINARIES

1/180
 PRELIMINARIES

1/181
 PRELIMINARIES

1/182
 PRELIMINARIES

1/183
 PRELIMINARIES

1/184
 PRELIMINARIES

1/185
 PRELIMINARIES

1/186
 PRELIMINARIES

1/187
 PRELIMINARIES

1/188
 PRELIMINARIES

1/189
 PRELIMINARIES

1/190
 PRELIMINARIES

1/191
 PRELIMINARIES

1/192
 PRELIMINARIES

1/193
 PRELIMINARIES

1/194
 PRELIMINARIES

1/195
 PRELIMINARIES

1/196
 PRELIMINARIES

1/197
 PRELIMINARIES

1/198
 PRELIMINARIES

1/199
 PRELIMINARIES

1/200
 PRELIMINARIES

1/201
 PRELIMINARIES

1/202
 PRELIMINARIES

1/203
 PRELIMINARIES

1/204
 PRELIMINARIES

1/205
 PRELIMINARIES

1/206
 PRELIMINARIES

1/207
 PRELIMINARIES

1/208
 PRELIMINARIES

1/209
 PRELIMINARIES

1/210
 PRELIMINARIES

1/211
 PRELIMINARIES

1/212
 PRELIMINARIES

1/213
 PRELIMINARIES

1/214
 PRELIMINARIES

1/215
 PRELIMINARIES

1/216
 PRELIMINARIES

1/217
 PRELIMINARIES

1/218
 PRELIMINARIES

1/219
 PRELIMINARIES

1/220
 PRELIMINARIES

1/221
 PRELIMINARIES

1/222
 PRELIMINARIES

1/223
 PRELIMINARIES

1/224
 PRELIMINARIES

1/225
 PRELIMINARIES

1/226
 PRELIMINARIES

1/227
 PRELIMINARIES

1/228
 PRELIMINARIES

1/229
 PRELIMINARIES

1/230
 PRELIMINARIES

1/231
 PRELIMINARIES

1/232
 PRELIMINARIES

1/233
 PRELIMINARIES

1/234
 PRELIMINARIES

1/235
 PRELIMINARIES

1/236
 PRELIMINARIES

1/237
 PRELIMINARIES

1/238
 PRELIMINARIES

1/239
 PRELIMINARIES

1/240
 PRELIMINARIES

1/241
 PRELIMINARIES

1/242
 PRELIMINARIES

1/243
 PRELIMINARIES

1/244
 PRELIMINARIES

1/245
 PRELIMINARIES

1/246
 PRELIMINARIES

1/247
 PRELIMINARIES

1/248
 PRELIMINARIES

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 PRELIMINARIES

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 PRELIMINARIES

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 PRELIMINARIES

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 PRELIMINARIES

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 PRELIMINARIES

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 PRELIMINARIES

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 PRELIMINARIES

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 PRELIMINARIES

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 PRELIMINARIES

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 PRELIMINARIES

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 PRELIMINARIES

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 PRELIMINARIES

1/261
 PRELIMINARIES

1/262
 PRELIMINARIES

1/263
 PRELIMINARIES

1/264
 PRELIMINARIES

1/265
 PRELIMINARIES

1/266
 PRELIMINARIES

1/267
 PRELIMINARIES

1/268
 PRELIMINARIES

1/269
 PRELIMINARIES

1/270
 PRELIMINARIES

1/271
 PRELIMINARIES

1/272
 PRELIMINARIES

1/273
 PRELIMINARIES

1/274
 PRELIMINARIES

1/275
 PRELIMINARIES

1/276
 PRELIMINARIES

1/277
 PRELIMINARIES

1/278
 PRELIMINARIES

1/279
 PRELIMINARIES

1/280
 PRELIMINARIES

1/281
 PRELIMINARIES

1/282
 PRELIMINARIES

1/283
 PRELIMINARIES

1/284