Preliminaries

PRELIMINARIES
BILL NO.1 - PRELIMINARIES
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ITEM DESCRIPTION AMOUNT (RM)
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1.0 GENERALLY
1.1 Preliminary Items
The Preliminary Items as set out hereunder are deemed to apply to the
whole of the Works all as shown on the drawings and/or described in
these Tender Documents and the Contractor shall allow for complying
with same and for any costs in connection therewith. The prices
inserted by the Contractor for such Preliminary Items shall be deemed
to apply to the whole of the Works carried out under this Contract. The
monetary value of any items which are left unpriced will be deemed to
have been included elsewhere in this section or in the rates in the Bills
of Quantities and those unpriced clause or items shall be considered
as free of charge and no claim will be entertained.
1.2 Definitions
"Employer" : Shall mean Datuk Bandar Kuala Lumpur
or and shall include his or its heirs, personal

“Owner” representatives, successors and assigns.
“Superintending : Shall mean Jabatan Pelaksanaan Projek
Officer or S.O.” dan Penyenggaraan Bangunan, Dewan

Bandaraya Kuala Lumpur, Menara DBKL 3,
Bandar Wawasan, Jalan Raja Abdullah,
50300 Kuala Lumpur and shall include his or
its heirs, personal representatives,
successors and assigns.
"Contractor" : Shall also mean the person and persons,
firm or company referred to as such in the

Form of Agreement and shall include his or
its heirs, personal representatives,
successors and permitted assigns.
“Architect” : Shall mean NR Architect, L-2-12, Plaza
Damas, No. 60, Jalan Sri Hartamas 1, Sri

Hartamas, 50480 Kuala Lumpur and shall
include his or its heirs, personal representatives,
successors and assigns.
“Civil & Structural : Shall mean Jurutek Consultants, No.1,
Engineer or C&S Tingkat 2, Regalia Business Centre, Jalan

Engineer” USJ 1/1B, 47620 Subang Jaya, Selangor
Darul Ehsan and shall include his or its heirs,
personal representatives, successors and
assigns
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1.0 GENERALLY (CONT'D)
1.2 Definitions (Cont‟d)

“Mechanical & : Shall mean Perunding Wangsa Sdn. Bhd.,
Electrical Engineer 81-2, Jalan Wangsa Delima 5, Pusat

or M&E Engineer” Bangunan Wangsa Maju, 53300 Kuala
Lumpur and shall include his or its heirs,
personal representatives, successors and
assigns
“Quantity Surveyor : Shall mean SE QS Consult, B9-2-4, Megan
or Q.S.” Corporate Park, Jalan 1/125E, Taman Desa

Petaling, 57100, Kuala Lumpur and shall
includehisoritsheirs,personal
representatives, successors and assigns
"Works" Shall mean the works to be executed in
accordance with the Contract and shall

include temporary works.
"Contract" Shall mean the agreement executed
between the Employer and the Contractor

together with the documents forming part
thereof.
"Approved, Shall mean to be approved, selected or
Selected or directed by the Superintending Officer. The

Directed" Contractor shall be informed of any
delegation of powers by the Superintending
Officer to the Architect or the Engineers on
this subject.
"His" Shall mean the Contractor and also mean
"her" or "their" and the word "he" may also

mean "she" or "they".
"As Required" Shall mean as required in this Contract
Document or as required to carry out the

Works in accordance with the drawings and
Contract Documents.
"As Shown" Shall mean as shown in the drawings or
illustrated in the Bills of Quantities.
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"Or Other Equal Shall mean alternative goods or materials to
And Approved" those shown in the Drawings or described in

the Bills of Quantities which in the opinion of
the Superintending Officer is equivalent in all
respects with regards to quality and
performance specification.
"Constructional Shall mean all appliances or things of
Plant" whatsoever nature required in or about the

execution, construction, completion or
maintenance of the Works or Temporary
Works but does not include materials or
other things intended to form or forming part
of the permanent work.
"Temporary Shall mean all temporary works of every
Works" kind required in or about the execution,

completion or maintenance of the Works.
"Drawings" Shall mean the drawings and any
modification of such drawings approved in

writing by the Superintending Officer and
such other drawings as may from time to
time be furnished or approved in writing by
the Superintending Officer.
"Ringgit or RM" Shall mean Malaysian Ringgit.
"Day" Shall mean calendar day of twenty four
hours.
“Week” Shall mean a period of seven days.
"Month" Shall mean a Gregorian calendar month all
times periods shall be calculated according

to the Gregorian calendar.
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"Weight And All units of weight and measurement shall
Measurement" be based on Malaysian Standard of weight

and measurement kept at the Industrial
Research Institution of Malaysia (SIRIM).
"Singular And Words imparting the singular also include
Plural" the plural and vice versa where the context

requires.
“Abbreviation" : Abbreviations used in the Contract
Documents shall have the following

meanings:
B.S. : British Standard Specification
as issued by the British

Standards House, London.
The latest issue published is
implied in all cases used.
B.S. : British Standard Specification
as issued by the British
Standards House, London.
C.P. : British Standard Code of
Practice issued by the Council
of Code of Practice in Britain.
SIRIM : Standards and Industrial
Research Institution of
Malaysia.
ASTM : American Society Of Testing
And Materials
TNB : Tenaga Nasional Berhad
N.C.E. : Network & Computer Engineers
M&E Mechanical and Electrical
Engineer : Engineer
Q.S. : Quantity Surveyor
S.O. : Superintending Officer
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“Abbreviation" : Abbreviations used in the Contract
Documents shall have the following meanings:

S.M.M. : The Malaysian Standard Method
of Measurement (Latest Edition).

C.P.M. : Critical Path Method
1.3 Description Of Works
The Contract comprises generally the supply of all labours,
materials, tools, implements, equipments and everything else

necessary for restoration, alteration, upgrading building and civil
works, demolition works to improve the street scene and
infrastructure to the three (3) main roads at Jalan Kenanga, Jalan
Merlimau and Lorong Meranti 3 that generally comprises :
Restorating, upgrading existing street food hubs

Restorating, upgrading existing refuse storage
Adapting and restorating existing building wall at side
lanes for graphic and art works
Adapting existing monsoon drain area for construction
of rest areas
Adapting and upgrading existing walkway and street
back lanes
Altering and upgrading existing monsoon drain and
surface water drains
Adapting and upgrading driveway surface
Constructing entrance gateway
Constructing artwall and security fence
Adapting and improving existing street landscaping scene
All related mechanical and electrical services upgrading and
Demolition works for restorating, adapting, altering
and upgrading works
The full description of the work is found in the Bills of

Quantities and other sections of the tender documents.
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1.4 Location Of Site
The site of the proposed Works is shown in Tender Drawings

which form part of the Tender Document.
The Contractor is to refer to the Site Plan for the exact

location, dimensions and area of the site and he must accept
the site "as found" on the Date for Commencement.
1.5 Visit To Site
The Tenderer shall be deemed to have visited the site of the works
including check and acquaint himself with the nature and position of
the site, the existing structure, means of access, facilities for placing
and moving materials and plants, the nature, character and extent of
works, site conditions, availability of space for building of work
sheds and storage of materials and other matter affecting this
contract. Claims will not be entertained by the S.O. for any extra
costs incurred by the Contractor in carrying out the works not
specified herein, but the necessity for which could have been
foreseen by him on inspecting the site before tendering.
1.6 Possession Of Site And Checking Of Dimensions
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.
Demolition and excavation works shall not commence until

the permission of the S.O. is obtained.
The Contractor shall employ a Licensed Surveyor to carry out

a survey of the structures, work-setout and grid lines and
shall cause four (4) copies of the findings and/or drawings to
be distributed to the Employer.
1.7 Costs Of Maintenance Of Access And Drainage
The Tenderer shall include in his prices for the cost of

maintenance of the existing access, used by him for access to
and egress from the site. The cost of maintenance of the
roads and the common accesses by the public shall be borne
by the contractor during the period of this contract.
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1.8 Damage To Existing Works
The Contractor shall exercise the utmost care when executing

the works to avoid causing damage to existing works. In any
case, the Contractor shall be held responsible for any damage
caused to all existing works arising out of the execution of
this work and shall therefore made good and reinstate the
same to their original condition.
1.9 Tender Table Documents
Tender Table Documents may be inspected at the office

notified in the notice of tender during normal working hours
on any working day.
1.10 Drawings
The Contractor shall be provided free of charge two sets of

drawings and shall allow for mounting one complete set of
Construction Drawings and keeping them together with a copy
of the Tender Document in a clean state on site throughout the
Contract Period. This copy shall not be used by the
Contractor‟s tradesmen as reference.
The Contractor shall give adequate advance notice to the S.O.

as regard to instructions, detailed drawings, etc. and in the
absence of advance written notification to the contrary it will
be assumed that the progress of the Works is not affected by
want of such information.
1.11 Avoidance Nuisance
The Contractor shall note that his workers must only be confined
within the site and area given and shall cause the least
inconvenience to the business area operation, community and
adjoining lands or properties during the currency of this contract.
1.12 Order Of Works
The Contractor shall carry out the Works in such order as the S.O.
may direct.
The Contractor shall not be entitled to claim any expenses if

the S.O. may direct the Contractor to reorganise his work
force so as to complete the project within the contract period
or to achieve the target completion.
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1.13 Pollution, Flooding, Etc.
The Contractor shall be responsible for taking immediate

steps to make good and shall bear the cost of remedying the
effects of pollution, flooding and other nuisance caused by
the commission of this works under this Contact.
The Contractor shall take such measure as the S.O. may

require to prevent the entry of oil or other deleterious
materials from the works into any new or existing drainage
system or natural watercourse. Nevertheless, should any
drainage system or watercourse be foulded by such materials
the Contractor shall clean the drainage system or watercourse
at his own expense to the satisfaction of the S.O.
1.14 Preliminary Site Report And Photograph
The Contractor shall before commencing any work, submit a

report recording the site information and scheduling which
include item like means of access, storage of material and
plant, existing services, ground conditions and any other item
which are affecting his work progress.
The Contractor shall take photograph of the original site

condition in set of twelve (12) shots coloured 3R photographs
taken at various location directed by the S.O.
The Contractor shall cause six (6) copies of the report and six
(6) sets of the photograph to be distributed to the Employer
and the S.O.
1.15 Interruption From Other Contractor Engaged By the Employer On

Site
The Contractor shall take note that other works may be

concurrently executed under separate Contracts. The Contractor
may have to liaise with other Contractors for the proper co-
ordination of the work and completion of the project.
Any damage or losses incurred by him due to the execution of works

by any of the other Contractors, or any damage or loss suffered by
any of the other Contractors due to the execution of the Contractor‟s
works, then such damages or losses and any disputes on any
matters shall be matters for settlement between the Contractor and
other Contractors concerned, neither whom shall have any claims in
respects of same against the Employer. Allow herein for any the
above costs and all inconvenience so caused.
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1.16 Tender Validity Period
The Tenderer's attention is drawn to the special provision that

the tender validity period shall be ninety (90) days from the
Date of Closing of Tenders. Tenderer shall make allowance for
this provision both in items of cost and completion period.
1.17 Discrepancy In Drawings
The Contractor shall be responsible for checking all drawings

issued to him and if he finds any discrepancies in the
drawings he shall, before proceeding with the works, inform
the S.O. of such discrepancies.
It is condition precedent that no claims by the Contractor for any

extra costs incurred as a result of errors and discrepancies in the
drawings, specifications, schedule of works, schedule of prices
and appendices will be entertained if he fails to inform the S.O.
such errors and discrepancies before proceeding with works.
1.18 Limitation Of Site
The Contractor shall not that his workers, plant, sheds, etc. must
only be confined within the site and area approved by the S.O.
and shall cause the least inconvenience to the existing adjacent
building and properties during the currency of this Contract.
1.19 Time
Time is an important element in this Contract and will be taken

into consideration in the assessment of tenders.
In the time given for completion, the Contractor shall make

allowance for delay arising through the „stop work‟ orders
and no extension of time due to such causes will be granted.
1.20 Work By Sub-Contractors
The Contractor must make his own arrangements with his

domestic Sub-Contractors as to the time and manner of their
executing their work and he is advised to indemnify himself
against any delay caused by them, as no extension of time will
be granted for such delay.
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1.21 Labour And Materials In Short Supply
The Contractor shall be deemed to have included in his rates

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 works in the Contract time.
1.22 Limitation Of Working Hours At LRT Station
The Contractor shall note that Syarikat Prasarana Negara Berhad

have limited the working hours of Contractor working at/ or the
nearby LRT station after the train station operating hours.
The Contractor shall observe and comply with the working

hours limitation and shall deem to be fully aware of the station
operating hours and allow all necessary delays in his work
programme so as to complete the works within the contract
period. Allow all costs in connection with this requirement.
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ITEM DESCRIPTION AMOUNT(RM)
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2.0 MATERIALS AND SAMPLES
2.1 Materials And Workmanship
Materials and workmanship throughout the Works shall be the

best of their respective kinds and by best this should mean that
there is no superior class of materials or workmanship available
anywhere else in Malaysia. The Contractor shall produce a
certificate of origin for any material if the S.O. so requires.
The Contractor is not to alter or amend any of the description of

materials in the Tender Documents and his prices shall be for
the quality and type as specified.
Whenever the Tender Documents specify any goods or

materials such specification are to be considered as being the
minimum standard acceptable.
Allow all cost in complicing with the tender specification.
2.2 Metrication
If any material and/or equipment described in the Contract or

ordered by the S.O. are described by dimensions in metric or
imperial measures and the Contractor cannot in accordance with
the Contract procure such materials in the measure specified in
sufficient time to avoid delay in the performance of his obligations
under the Contract but can obtain such materials in the other
measure to dimensions approximately to those described in the
Contract or ordered by the S.O., then the Contractor shall forthwith
give notice to the S.O. of these facts stating the dimensions to
which such materials are procurable in the other measure.
As soon as practicable after the receipt of any such notice

under the preceding clause, the S.O. will give the necessary
instructions to the Contractor.
The Contractor shall note that any extra costs, expenses and
time involved in pursuant to this clause shall be borne solely by
the Contractor.
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2.0 MATERIALS AND SAMPLES (CONT’D)
2.3 Testing Of Samples And Completed Works
All costs of materials, sampling, fees, transportation and works for

the testing of samples and completed works as required and specified
and as directed by the S.O. shall be borne by the Contractor. The
Contractor shall be responsible for getting all materials including
water, electricity, etc. for the test to be carried out in the manner and
within the time as required and specified in the Contract.
Allow for providing site permissible testing apparatus in a

room provided by the Contractor.
2.4 Samples
Samples of materials shall be submitted for approval as and

when directed. All samples which are approved shall indicate
the standard to be maintained in the execution of the Works.
Allow for providing all samples locked in a display cupboard at

the site office.
The sample shall be the benchmarked of the quality and

standard to be maintained in the execution of the works.
2.5 Basis Of Ordering Materials
The Bills of Quantities are not to be used as the basis for

ordering any materials.
The Contractor shall not enter into any agreement for the supply
of materials to the site unless written approval has been given
by the S.O. on those materials and the Employer shall not be
held responsible for rejected materials delivered to site and for
materials which have been over ordered by the Contractor.
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2.6 Ordering Materials
The Contractor shall place his orders for specified materials

at the earliest possible date after notification of acceptance
of tender or at such time as may be specifically stated
elsewhere herein for any particular materials.
The Contractor shall not enter into any agreement for the supply
of materials to the site unless written approval has been given
by the S.O. on those materials and the Employer shall not be
held responsible for rejected materials delivered to site and for
materials which have been over ordered by the Contractor.
If the Contractor fails for any reason to supply any materials which
he has contracted to supply or if he fails to supply any such
materials in sufficient time to enable the Contract to be completed
by the agreed date for completion, then in either event the
Employer may supply any portion, or all, of such materials.
If the Employer supplies such materials then the cost in respect

thereof to be borne by the Contractor shall be
EITHER The current market rates
OR The actual cost to Employer at the date of supply,

including overhead and any other charges.
WHICHEVER IS THE GREATER
The cost to be borne by the Contractor as above detailed, shall be

deducted from money due or to become due to the Contractor
under this Contract and the Contract Sum shall be adjusted
accordingly. Provided that any variation order issued by virtue of
this Clause shall not be taken into account when computing the
final amount of this Contract and no claim for loss of profit under
Clause 24.0 of the Conditions Of Contract shall be deemed to have
risen. No action by the S.O. under this Clause shall be deemed in
any way to affect or modify the right of Employer to a claim for
damages in the event of the Contractor's failure to complete the
Works by the agreed date for completion.
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2.7 Import Duty, Excise And Taxes
No exemption from any import duty, excise and all forms of taxation on
any goods will be granted irrespective of the time and period of
imposition, unless an Enactment of the Parliament provides otherwise.
The Contractor must obtain the necessary import licenses

before certain materials are imported 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 prices of imported materials,

import duty, tariffs and taxes, etc. that may arise during the duration of
this Contract. Such increases are not recoverable from the Employer.
2.8 Non-Availability Of Specified Product
Where the availability of such specified goods or materials

are non-available or out-of-stock or are anticipated to cause
delays to the Works, the Contractor shall notify the S.O. in
writing, who may then issue written instructions to the
Contractor for alternative goods or materials to be used.
Alternative goods or materials may be considered for

acceptance provided always that they comply in all respects
with regards to appearance, quality and performance
specification and are approved in writing by the S.O.
Where alternative goods or materials are proposed by the

Contractor for the S.O.'s approval, such proposal shall be
made in writing to the S.O. and unless the Contractor receives
a confirmation or reply in writing, such proposal shall be
deemed to have not been accepted or approved by the S.O.
Notwithstanding the S.O.'s instructions to use alternative

materials, no claims for loss and expense or extension of time
shall be entertained unless the Contractor can show proof that he
had placed his orders within reasonable time and that he had
exhausted all avenues in obtaining the supply of such specified
goods or materials and provided that he had given sufficient notice
within reasonable time to the S.O. for an instruction to be issued
such that the ordering of such alternative goods or materials do
not delay the execution and completion of the Works.
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2.8 Non-Availability Of Specified Product (Cont'd)
In the event of the S.O. allowing the substitution of any of the

goods or materials during the course of the Contract, such
substitution shall be accompanied by a corresponding
deduction in cost unless the S.O. otherwise directs.
The S.O. approval or disapproval of any alternative goods or

materials proposed by the Contractor for use in the Works, shall in
no way relieve the Contractor from his responsibility of completing
the Works in a proper manner in accordance with the Conditions of
Contract and within the time specified in the Contract. No claims
whatsoever arising from such S.O.'s reasonable disapproval of
alternative goods or materials shall be entertained.
2.9 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 locally. 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 and goods as specified cannot
be readily purchased in the 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 programmed and in order that the
Works may be completed within the Contract Period. Copies of the
Contractor’s official requisition, for such materials or goods
together with the supplier’s from delivery dates are to be submitted
to the S.O. as soon as practicable after signing of the Contract.
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3.0 PRICING
3.1 Method of Measurement
The works are described in the Bills of Quantities.
These Bills of Quantities have been measured in accordance with

the general principles of the “Standard Method of Measurement of
Building Works” for use in Malaysia, published by the Royal
Institution of Surveyors (Malaysia) and accepted industry practices
and this method of measurement will be adopted for the
measurement of any variation or remeasurement.
3.2 Bills of Quantities
The Bills of Quantities shall be priced in BLACK INK throughout.
All items in this Bills of Quantities shall be priced in detailed and

not grouped together as total prices for any trade or section.
The sum of the amounts of all items of the Bills of Quantities priced by
the Tenderer shall truly represent the description in the Bills of
Quantities. The prices set down by the Tenderer against each item in
the Bills of Quantities, unless expressly provided to the contrary, shall
be held to include, for providing and delivering and materials, for
unloading, cutting and waste on materials, storage, packing, carriage
and cartage, hoisting, all labour setting, fitting and fixing in position,
use of plant, making supervision, establishment charges, profit, risk
and all other labour and everything else necessary for the due and
proper completion of each item. Any items left unpriced shall be
deemed to have been incorporated elsewhere in the Bills of Quantities
and Tender Sum and no claims will be entertained.
The Employer shall reserve the right to amend any prices and rates
which are found unreasonable with the concurrence of the Contractor
and the amended rates shall be used for the measuring of variation.
The adjustment for amended rates shall be as described above.
3.3 Pricing Of Preliminaries
Notwithstanding the provisions in the Contract agreement form, the

method of payment for approved additional preliminaries due to the
Contractor during the approved extension of time shall be
determined by the S.O. by whatsoever method appropriate in
calculating the payment of approved additional preliminaries.
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3.0 PRICING (CONT’D)
3.3 Pricing Of Preliminaries (Cont’d)
The S.O. shall reserve the right to request from the Contractor detailed
breakdown of the pricing for Preliminaries Items or Clauses for
examination, approval and/or rationalisation. The examined, approved
and/or rationalised detailed breakdown pricing shall then be used as a
basis for the preparation of monthly interim valuation including
variation that may be issued from time to time by the S.O.
Should the Contractor fail to submit the detailed breakdown of the

pricing of the Preliminaries Items or Clauses to the S.O. after adequate
notice have been given to the Contractor, the S.O. shall then reserve
the right to determine a value for such affected Preliminaries Items or
Clauses which shall then be deemed to be the accepted basis for the
preparation of monthly interim valuation including variations that may
be instructed and to this end, no claims and disputes whatsoever
arising thereof shall be entertained in view of the Contractor's failure
to comply with the above said request.
3.4 Errors In Bills of Quantities
Any error in pricing and calculations of the Contractor in the Bills of

Quantities submitted by him shall, before the signing thereof, be so
rectified and adjusted that, when correctly calculated, the total amount
shall represent the same amount as that tendered by the Contractor.
The nett aggregate amount of errors in moneying out items in

the Bills of Quantities whether a nett deduction or a nett
addition will be calculated as a percentage of the corrected total
of the Bills of Quantities and all prices throughout the Bills of
Quantities shall be subject to such percentage discount or
premium as the case may be; provided always that Provisional
or Prime Cost Sums shall be excluded from the calculations and
shall not be subject to such percentage discount or premium.
The Employer shall reserve the right to amend any rates which are
found unreasonable with the concurrence of the Contractor and the
amended rates shall be used for the measuring of variation. The
adjustment for amended rates shall be as described above.
3.5 Conditions Of Tender
The tenderer shall not specify or submit condition in

contravention to those contained in this document. If such
conditions are included, the tender may not be considered.
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3.0 PRICING (CONT’D)
3.6 Lump Sum Tender
The tender is to be a LUMP SUM TENDER for carrying out the

whole of the works in accordance with the Drawings, Specification,
Conditions of Contract, Schedule of Works and Bills of Quantities
inclusive of all taxes, duties and other related costs.
3.7 Delays
The Contractor will be deemed to have made allowance for all

delay caused by difficulty in obtaining labour and materials, or
by suspension of part or whole of the Works due to adverse
weather conditions.
3.8 Nominated Sub-contractor/ Supplier
The Contractor will be deemed to have make allowance for the

Employer’s nominated sub-contrator/ supplier during the commission
of the Works. The Contractor shall cooperate fully with the nominated
sub-contractor/ supplier to ensure all the Works commence efficiently.
3.9 Firm Price Contract
The Tenderer shall note that a firm price contract is called for the
construction and completion of the whole of the Works and is NOT
subject to adjustments in respect of fluctuation in cost of wages
and/ or emoluments and expenses of any kind payable to the work
people and/ or from fluctuations in cost of materials and goods,
airport duty or any other duty nor in expenditure arising out of any
changes due to legislation or other new laws, amendments or
replacement of existing legislation etc. irrespective of such
increases or additional expenditure coming into effect after the
submission of tenders or during the progress of the Works.
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4.0 TEMPORARY WORKS
4.1 Existing Access Roads, Etc.
The Contractor shall be permitted to use all existing roads and

lanes to the site provided that in doing so, he shall cause the
least inconvenience to other users. Its shall be required to make
good any damage to the existing roads, block drains, sumps and
box culverts, clear any spillage, obstacles, etc. caused by any of
his lorries or other vehicles. Its shall provide or maintain any
additional temporary roads and culverts for access to the site
and shall allow for maintaining and for clearing away and making
good all damage done and payment for all charges.
4.2 Signboard
The Contractor shall erect the project name and consultants at

an approved position. The signboard must be attached with
perspective of the Works as approved by the S.O. and the
Contractor shall engage necessary specialist for this purpose.
Pay all charges in connection therewith, including obtaining
license, fee, etc. erect, maintain, alter, adopt, shifts, dismantle
and clear away on completion as so directed by the S.O.
4.3 Light and Power
The Contractor shall provide adequate temporary lighting and

electric power for use on the works, testing and including any
required by Sub-Contractors.
The electrical supplies and equipment shall be in accordance

with the requirement of Tenaga Nasional Berhad and shall be
periodically checked to be safe and fit to be used.
The S.O. reserves the right to stop the use of the temporary
lighting and power supply if conditions are considered risky and
until approved for use by the Authorities.
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4.0 TEMPORARY WORKS (CONT’D)
4.4 Plant And Equipment
The Contractor shall provide, erect, maintain, dismantle and

remove on completion all requisite scaffolding, hoists, tackle,
implements, plant and apparatus as required all trades as are
necessary for the execution of the Works.
All mechanical plant used by the Contractor shall be of such

type, size and method of working suitable to the type and nature
of the Works and the site condition where the Works are to be
executed. If in the opinion of the S.O., the plant used is not
suitable, he may advise the Contractor to change the plant or
method of executing the Work. The Contractor shall however,
have no cause of claim against the Employer on account of
complying with any of the S.O. advise in this matter.
.
4.5 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 same, to the satisfaction of the
S.O. and at the Contractor’s own expense.
The Contractor shall protect and maintain all existing services during
the execution of the work. The Contractor shall be held responsible for
any damage done during the progress of the Works and shall meet all
costs and repairs of reinstatement due such damage.
If any services for water, electricity, drainage etc. is likely to be affected

by the Works, the Contractor shall immediately notify the S.O. who
shall, at his sole discretion, arrange to resite the affected services. The
Contractor shall bear all costs and expenses arising therefrom.
The Contractor shall give every possible assistance at no extra

cost to the Contract, in the diversion, and/ or re-alignment of
existing services which are intended to be carried out (if any)
other than by the Contractor.
Where, in the course of the execution of the Works, it is found

necessary to disconnect and subsequently reconnect electricity and
other services, the Contractor shall arrange to do so including giving
the necessary notices to the S.O., the neighbours and the relevant
authorities and pay all fees and charges in connection therewith.
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4.5 Existing Services (Cont’d)
Where possible, he shall arrange for the diversion of the

services which has to be necessarily disconnected so that those
services would still be available to those buildings nearby.
4.6 Test and Test Apparatus
The Contractor shall at his own expense provide such instruments,

apparatus, machines, assistance and labour as are normally required
or stipulated in this Contract for examining, measuring and testing any
work and the quality, weight or quantity of any materials used or to be
used or workmanship attained or to be attained.
4.7 Conveyance Of Plant And Materials To And From Site
Arrange for the conveyance of materials, plant, etc., so as to cause a

minimum of damage to existing roads and culverts. The Contractor
shall be responsible for any damage caused by his lorries or workmen
to any existing roads, culverts, etc., from whatsoever cause arising
and shall maintain, repair an reinstate same to their original condition
to the satisfaction of the S.O. or alternatively shall bear the cost of
such maintenance and restoration as a deduction from any money due
or to become due to the Contractor under this Contract.
In the conveyance or materials, plant, etc. particular regard is to be

paid to the traffic problems that may be encountered around the site
and appropriate arrangements must be made with the Police or Local
Authorities. The onus is on the Contractor to make all necessary
arrangements with the Traffic Authorities regarding his vehicular
traffic in and out of site and pay all necessary charges and fees.
4.8 Temporary Site Office
The Contractor shall provide for the S.O. or his representatives

and Consultants the site office in the form of approved designed
site office or portable cabins which shall include the following:-
i) A fully air-conditioned office for S.O. site office and meeting room.
ii) All office furniture and equipment such as tables, chairs,

cabinets, plan chest and racks, pin-up boards for the office
and meeting room in sufficient quantity and quality.
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4.8 Temporary Site Office (Cont’d)
iii) Toilet facilities consisting of w.c., urinal, shower and wash

hand basins, solely for the use of the S.O. and his staff.
iv) Area in the site office to accommodate offices of the Architect,

Engineers, Clerk-of-Works, and/or his staff for consultation,
discussion and examination of documents. The areas shall be
complete with lighting, power, ventilation and air-conditioning.
Maintain for the use of S.O. adequate desks with lockable
drawers, chairs, plan chart, drawing board, tee square, pin
board and stationeries etc.
v) The Contractor shall pay all deposit and charges, comply with
all by laws, maintain all services and pay all bills for electricity,
water, telephones, etc. for the full duration of the Contract.
vi) The Contractor shall keep the office accessible at all times and
in every way habitable for working purpose throughout the
duration of the Contract. The Contractor shall also provide
such labour and cleaning materials as are required to maintain
the site office in a clean and good sanitary condition.
vii) The Contractor shall dismantle and/ or clear away all

facilities on completion.
4.9 Temporary Hoarding
Erect project hoarding as specification and sizes shown in

Architect’s drawings to a location approved by the S.O. including
enclosure at new construction activities. Pay all charges including
obtaining license, fee, shifts, adapt and dismantle and clear away
on completion as so directed by the S.O.
4.10 Temporary Warning Signs, Lamps and Guardrails
The Contractor shall adequately provide all necessary temporary

warning signs, warning lamps, guardrails and barriers where
necessary to ensure the safety of the public and workmen as he
shall be held responsible for all accidents arising from his
negligence to provide such adequate safeguards.
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4.11 Temporary Telephone and Faximile
The Contractor shall provide telephone and faximile services

on the site for his own, Sub-Contractor and the S.O.’s use and
shall allow for the cost of installation, rental, call charges and
for removal on completion. If the telephone line is not available,
the Contractor shall provide mobile phone.
4.12 Watching and Lighting
The Contractor shall provide all necessary watching including

warning light during the whole duration of the Contract.
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5.0 CONTRACT ADMINISTRATION
5.1 Works Included In The Contract
All the Works included in these Tender Documents is to be taken as

new (unless otherwise distinctly stated). The Contractor's price for
items contained in the Bills of Quantities hereinafter shall (except
where allowance has been made to the contrary) include for the
provision of labour, materials, overheads, profit, wastages,
supervision, packing, cartage, risk, moving, hoisting, fixing in the
required position, plant, tools, implements, scaffolding, screens,
gates, footways, hoardings, temporary enclosures, etc. and every
other thing required in the construction and maintenance and the
carrying out of all the Conditions of Contract and for the timely and
satisfactory completion of the entire Works contained in the
Contract, whether such be expressed or not on the Drawings,
Specification and Bills of Quantities.
5.2 Working Areas
The Contractor shall before tendering, inspect and ascertain

the extent of the areas available for his use at Site and
elsewhere and obtain all necessary information regarding
them and their conditions.
The Contractor may from time to time with the approval of the
S.O. or his Representative have the use of other areas of the Site,
but no approval given by the S.O. or his Representative shall
entitle the Contractor to any payment whatsoever for moving his
plant, stores, materials, rubbish, etc., into and out of these areas.
The Contractor shall make his own arrangements for any

additional area(s) which he may wish to use in the vicinity of
the Site. Such arrangements shall be subject to the approval
of the S.O. of his Representative and the area(s) shall for the
purpose of the Contract be deemed to be included in the Site
Area. The appearance of any such area(s) shall be maintained
to the satisfaction of the S.O. or his Representative. All costs
incurred in or arising out of such arrangements shall be
deemed to be included in the Contractor's Contract Price.
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5.0 CONTRACT ADMINISTRATION (CONT’D)
5.3 Programme And Progress Charts
The Contractor shall provide within two (2) weeks of the receipt of
the Letter of Acceptance, five copies of his approved programme and
progress chart in the form of bar chart and Critical Path Network
(CPM) related to the construction period showing the order or
sequence in which he proposes to carry out the various parts of the
Works including the magnitude of work covered in the Provisional
and Prime Cost Sums and any proposed temporary works or
methods of working which may be relevant to progress for the use of
the S.O. and all interested parties.
The Contractor shall inform the S.O. if any alteration of the

programme is necessary during the progress of the works.
Approval of the programme by the S.O. shall signify his

agreement with the proposed order or sequence of working in the
programme, and may be taken into account in any dispute for
determining a reasonable order or sequence for supplying any
outstanding information or details to the Contractor but shall not
otherwise change the contractual obligations of either party in
relation to the Contract Completion Date, or as to a reasonable
time for giving or receiving further information.
5.4 Progress Report
The Contractor shall prepare and submit daily report for the
works at weekly intervals to be initialed by both the
Contractor's Representative and the Clerk-Of-Works. These
Report shall include the following information :-
Progress of each section of work.
Number of workmen employed. These are to be classified

into skilled and unskilled under their respective trades.
Major materials delivered.
Types of plant employed.
Weather condition.
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5.5 Progress Photographs
The Contractor shall provide six (6) sets of coloured postcard

size progress photographs showing four different elevations
or section of works and shall be taken at monthly intervals
during the currency of the Contract. The Contractor shall take
a minimum of twelve (12) shots per month and shall be taken
from such angles that all works may be clearly visible. A set of
each bound in an approved booklet form shall be supplied to
the Employer and the S.O.
5.6 Site Meetings
The Contractor or his representative shall arrange and attend all

site meetings arranged at forthnightly or at intervals as directed
by the S.O. to be held at the Site. The S.O. will record the
proceedings of these meetings and arrange for the making and
distribution of copies of the minutes to all parties concerned.
The purpose of the meeting is to evaluate progress of Works

on site and providing an opportunity for general discussions
to solve problems.
The Contractor shall allow for providing all necessary

stationary and refreshment during the site meeting.
5.7 Overtime And Completion
The whole of the Works are to be completed by the time stated

in the Contract and no extra will be allowed in respect of
overtime paid to achieve this.
The Contractor shall arrange at no extra cost, maximum overtime

work on the site so that the completion time can be achieved.
5.8 Overtime For Supervisory Staff
The working hours of the Site Supervisory Staff are as follows :-
Monday to Friday - 8.30 am to 1.00 pm

2.00 pm to 5.00 pm
Saturday - 8.30 pm to 1.00 pm
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5.8 Overtime For Supervisory Staff (Cont‟d)
Any work which required "standing supervision" such as

concreting, plastering, screeding and mixing of paints, etc.
shall be organised and programmed in such a way so as to
carry out these works within the stipulated working hours for
Site Supervisory Staff. The prior written permission of the S.O.
will have to be obtained if, in urgency of the case, such work
is required to be carried out beyond the stipulated hours.
When permission is given for overtime work, payment of overtime to

Client's Supervisory Staff shall be borne by the Contractor. Payment
for such additional services of the Supervisory Staff to be calculated
in according with the following table :
Overtime Work
Working Day
- No. of Hours x HRP x 1.5
Exceeding Normal Hours of Works on Rest Day

- No. of Hours x HRP x 3
Exceeding Normal Hours of Works on Public Holidays

No. of Hours x HRP x 4.5
Rest Day And Public Holidays
Rest Day not exceeding 50% of Normal Hours of Work

No. of Days x DRP x 0.5
More than 50% but not exceeding Normal Hours of Work

- No. of Days x DRP x 1
Public Holidays not exceeding Normal Hours of Work

- No. of Days x DRP x 2
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5.8 Overtime For Supervisory Staff (Cont‟d)
Rest Day And Public Holidays (Cont‟d)
Note :
HRP = Hourly Rate of Pay
(Monthly Wages x 12) -----------

= ----------------------------------------- 52 x
Normal Hours of Work Per Week
DRP = Daily Rate of Pay
No work shall be carried out beyond the normal working hours

in the absence of the Site Supervisory Staff without the written
permission of the S.O.
5.9 Security and Safeguarding The Works
The Contractor shall be responsible for the security and

safeguarding the whole of the Works including those of Sub-
Contractor until they are handed over to the Employer. The
Contractor shall take all necessary measures to provide
security and safeguard the works, materials and plant, against
damage and theft and shall indemnify the Employer against
any loss by theft or damage.
5.10 Advertisements
The Contractor shall neither display nor permit the display of

advertisement on site without the written Authority of the S.O. and
shall promptly remove any advertisement display without authority.
5.11 Attendance
The Contractor shall allow for the general attendance of one trade
upon another and for attending upon, cutting away for and
making good after all trades and leave all perfect on completion.
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5.12 Removal Of Rubbish
The Contractor is to keep the site and buildings, adjacent roads

and footpaths etc. clean during the progress of the works and
daily cart away all dirt, building rubbish and superfluous
materials as the work proceeds and at completion.
No open burning of debris and waste is allowed within the site.
5.13 Noise And Nuisance
Make adequate provisions against any nuisance noise or

vibration to all existing adjoining property and its occupants in
the vicinity and he will be held responsible for any complaints,
damage or claims in this connection and consequential
stoppages of work resulting therefrom. The Contractor shall note
that he shall comply with all reasonable request to reduce noise
and shall comply with all authority notices.
5.14 First Aid Facilities
The Contractor shall make special arrangements to provide

adequate first aid facilities suitable to the size and
composition of his staff and labour force. The Contractor shall
afford the supervising staff of full use of the services and
facilities when required.
5.15 Employment Of Labour
The Contractor shall be solely liable for and shall indemnify

the Employer in respect of all obligations under the
Employment Ordinance and Labour Code or any other
provision by Status, Tort or Common Law concerning the
employment of labour, arising out of this Contract.
Allow for any items of expenditure which are not allowed

elsewhere such as overtime, Holidays with Pay, Public
Holidays with Pay, traveling time and fares and any other
costs due to importing labour from other districts etc.
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5.16 Employment Of Malaysian Citizens
The Contractor shall employ in the execution of the Contract ONLY

MALAYSIAN CITIZENS as workmen, unless he can show to the
satisfaction of the S.O., that in any particular trade or skill required
to complete the contract Malaysian citizens are not available.
If however foreign workers are to be employed after been

agreed by the Employer, the Contractor shall responsible for
the entry of foreign workers into Malaysia. Their entry shall
conform to the rules and requirements of the immigration laws
of the State. He shall also be responsible for obtaining their
necessary work permits from the relevant Authorities.
All workers are strictly prohibited from using premises under

construction, they should be confined to areas allocated.
5.17 Daywork
The Contractor shall notify the S.O. before commencement

and completion of all work for which he proposes to submit
daywork charges.
The Contractor shall, within fourteen (14) days of the execution of

any daywork, supply to the S.O. a fully priced and monied out copy
of the relevant daywork sheet duly certified by the Site Supervisor.
5.18 Work By Sub-Contractor/Supplier of Material
The Contractor must make his own arrangements with

Nominated Sub-Contractors or Nominated Suppliers as to the
time and manner of their executing their work and he is
advised to indemnify himself against any delay caused by
them, as no extension of time will be granted for such delay.
5.19 Protection Of Materials And Completed Works
The Contractor shall provide all things necessary for the

proper protection of materials and completed work and
reinstate at his own cost any damage or loss.
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5.20 Fire Precautions During Construction
The Contractor shall ensure that proper precautions are taken

to reduce the risks of fire whilst the works is in progress.
Building debris should be removed daily and the storage of
inflammable goods and fuel are properly stored. Allow for the
provision of fire extinguishers where necessary.
5.21 Permits, Licences And Royalties
The Contractor shall allow for and obtain all necessary

permits and licences, etc. required from the relevant
authorities in connection with the carrying out of the works
and pay all fees, royalties in connection therewith.
5.22 Neglect To Obtain Reliable Information
Any negligence or failure on the part of the Tenderer to obtain on the

spot reliable information or elsewhere upon the various respects as
specified or any other matters affecting the execution, completion
and maintenance of the works, shall not relieve him from any risks,
liabilities or responsibility in executing, completing and handing
over the works in accordance with the Conditions of Contract.
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5.23 Shop Drawings
The Contractor shall provide the S.O. with full, complete and
sufficient Shop Drawings for all precast concrete work,
structural steelwork , glass work and all other specialist work
as required in accordance with this Contract.
Such drawings shall be submitted in ample time for checking and

for resubmission for any amendments described so as not in any
way to jeopardise the time for completion of the Contract.
No works shall be carried out until the relevant shop

drawings have been approved by the S.O.
It should be clearly understood that the approval of shop

drawings by the S.O. is solely an approval of subject matters
in principle and does not constitute checking of detail
measurements or acceptance of auxiliary units or materials
unless specifically mentioned in writing by the S.O.
The Contractor shall allow herein for preparation of all co-

ordination shop drawings for approval by the S.O.
5.24 Other Contractors
The successful tenderer shall work with other Contractors

who may be employed on the site by the Employer and no
claims will be considered on the grounds of his
clearance/obstructions experienced due to the presence of the
Contractors being employed on the site.
5.25 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.
5.26 Stamping Of Main Contract Documents
The proper stamping and duty paid for execution of this

Contract shall be borne by the Contractor.
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5.27 Stamping Of Nominated Sub-Contract Documents
The Main Contractor shall arrange the Documents to be stamped and

to bear all expenses in respect of the stamping of the Contract
between him and all Nominated Sub-Contractors and Suppliers.
5.28 As Built Record Drawings
The Contractor shall record, prepare and submit the data to be

jointly agreed with the S.O. or his Representative the necessary „As
Built‟ record drawings comprising Architectural, M&E and C&S
Drawings to the Employer and the relevant approving authorities.
These „As-built‟ record drawing must have the Contractor and his
professional consultant‟s company stamp and verified by the S.O.
5.29 Factories and Machinery (Building operation and

Works of Engineering Construction) Regulations
The Contractor is to allow for complying with the prevailing

Factories and Machinery Acts/Regulations and amendments and
the relevant prevailing regulation concerning fitness,
requirements, attendance for operations of machinery and plant.
It is the duty of the Contractor to maintain all his plant and

machinery in proper and safe operating condition and to
provide and enforce safety measures in his site operations.
Overheads Hazards - Every place where persons are required

to work or to pass that is normally exposed to falling materials
or objects shall be provided with safety helmets and/or any
approved suitable overhead protection but employees who are
at work in the vicinity such areas shall be roped off or
otherwise guarded against unprotected entry.
Falling Hazards - Every hole into or through which a person may

fall shall be guarded by an effective barrier to prevent falls except
where free access is required by work actually in progress.
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5.29 Factories and Machinery (Building operation and Works

of Engineering Construction) Regulations (Cont‟d)
Slipping Hazards - The Contractor shall not suffer or permit any

person to use a passageway on a scaffold, platform or other
elevated working surface which is in slippery condition. Oil,
grease, water and other substances causing slippery footing
shall be removed, sanded or covered to provide safe footing.
Tripping Hazards - All passageway, platforms and other places of

work shall be kept free from accumulations of dirt debris and from
other obstructions that could cause tripping. Sharp projections
which could cut any person shall be removed or covered.
Electrical Hazards - Before work is begun, the Contractor shall

ascertain by inquiry or direct observation, or by instruments where
any part of an electrical paver circuit, exposed or concealed in so
located that the performance of the work may bring any person, tool
and machine into physical or electrical contact therewith. The
contractor shall post and maintain proper warning signs in the for
official languages where such a circuit exists. He shall advise all
persons on the site of the location of such lines, the hazards
involved and the protective measures to be taken and shall, if
practicable, dienergize the electric paver circuit.
Danger and Warning Signs - Simple but effective warning notice

in the four official languages shall be placed in a capsicum
position at the entrance to the site for the whole period the work
is in hand to warn the employees and public of trespassing and
danger on site and dismantle and remove on completion.
Safety nets - Install safety nets or screens to external face of

scaffolding or external wall, secured to sufficient and
adequate anchorages or supports to prevent or catch falling
of persons or objects. No safety nets or screens which show
signs of wear, damage or deteoration that will materially affect
the strength of any portions shall be installed.
The Contractor shall also allow for providing competent site

safety supervisors and any other requirements to conform
with the provision of this legislation.
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5.30 Site Agent
The Contractor shall appoint a competent Site Agent with at

least five (5) years site experience approved in writing by the
S.O. to provide the necessary superintendence over the whole
site operation for the full duration of the Contract and as long
thereafter as the S.O. may consider necessary for the proper
fulfillment of the Contractor‟s obligations under the Contract.
He shall be constantly on the Works and shall devote his

whole time to the superintendent of same.
Once appointed and approved the Site Agent shall not be

changed without giving ample notice to the S.O.
Should the S.O. find the Site Agent unsuitable for any reason
whatsoever, the Contractor shall, as soon as practicable after
receiving such written notice from the S.O., remove the Site
Agent from the site and shall thereafter employ another to the
approval of the S.O.
5.31 Testing And Commissioning
The Contractor shall allow for the full and adequate provision
of all fuel, gas, steam, electricity supplies etc. necessary for
the test running, testing, balancing and commissioning of any
specialist installation undertaken by him.
The Contractor shall note that in the event that permanent

supply of services are not available at the time of testing and
commissioning, he shall allow for the provision of alternative
means of testing and commissioning including the provision
of generators, special equipments and associated
accessories. He shall allow for the full charges/levy, etc.
inclusive of rental fees, payable for such alternative means.
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5.32 Law, Regulations And CIDB Requirements
The Contractor shall comply to Part VIII of the Lembaga

Pembangunan Industri Pembinaan Malaysia Act 1994 and the
Construction Industry (Levy Collection) Regulation 1996, and shall
submit a notification on Form CIDB L/96 to the Lembaga not later
than 14 days after the issuance of the Letter Of Acceptance/Letter of
Award/or any document that constitutes acceptance of a contract of
works, or not less than 14 days before the commencement of the
works, whichever date is earlier.
The Contractor shall allow here for payment of the required

levy to the Construction Industrial Development Board.
The Contractor shall conduct Site Safety Training for the

Workmen and ensure that all site personnel are issued with
CIDB Green Card for Site Personnel.
5.33 Preparation Of Contract Documents
Upon receipt of the first progress payment the Contractor will

remit a sum of Ringgit : Eight Thousand Only (RM 8,000.00) to
“SE QS Consult” for legal consultation and preparation of
contract agreements.
Allow all cost for this provision.
5.34 Underground Utility Mapping Survey
Carry out underground utility mapping survey at site to detect,

verify and locate existing utilities.
Employ a specialist to carry out the service and cause two (2)
sets of the findings to be distributed to the S.O.
No excavation work shall commence until permission of the

S.O. is obtained.
5.35 Silting
The Contractor is to keep all drain and streams that are affected
by his work clean by periodic cleaning and water ways free from
mud, silt and other obstructions and make good where necessary
to the satisfaction of the S.O. during the currency of the Contract.
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5.36 Dust Prevention
The Contractor shall make adequate provision by spraying

water, erecting screens or other suitable methods against any
nuisance or dust to all existing property and its occupants in
the vicinity and he will be held responsible for any complaints,
damage or claim in this connection.
5.37 Mosquitoes Prevention
All excavation and parts of site where water stagnates or

accumulates shall be kept dry by pumping, bailing or any
other means acceptable to the S.O.
Dumping or depositing rubbish spoil, unused materials, empty

bottles, cans and other containers capable of collecting liquids
thus affording breeding grounds for mosquitoes, must refrained
from. The responsibility for mosquito nuisance at the Site and the
surround areas arising from non-observance of the provisions
and stipulations of this clause, rests with the Contractor. Should
the need be required for the employment of mosquito destructive
measures, it shall be at the cost and expense of the Contractor.
5.38 Safety Measures
The Contractor is to ensure that his workmen (including those

employed by his sub-contractors), employed on the site wears
safety helmets, proper shoes, safety belts and that railed
gang-ways, safety nets, etc. are provided and comply in full to
the requirements laid down in the Local by-laws and any
future regulations or by-laws with regard to safety measure
applicable in Malaysia. Special precautions shall also be taken
for the safety of the adjoining buildings.
The Contractor shall provide the Employer and the S.O. and
their representative at least the following:
(a) Safety Helmets - 10 Nos.
During the construction works, the Contractor shall ensure that

all construction machineries are operated by skilled operators.
Allow for the provision of all protective netting or other measures
deemed necessary for the safety of workmen and the public from
all risks of injury especially during the demolition activities.
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5.38 Safety Measures (Cont‟d)
Generally, the Contractor shall be responsible for the

completed adequacy of all protective systems to prevent
injury workmen and the public.
5.39 Dismissal by Request
The Contractor shall, on the written request of the S.O. or his

representative on the site, immediately dismiss from the
Works any person employed by him thereon who may in the
opinion of the S.O. be incompetent or misconducts himself,
and such person shall not again be employed on the Works
without the written permission of the S.O.
5.40 Covering Up
No work shall be covered up until it has been examined and

approved by the S.O.
In the case of work executed against provisional quantities or

sums in the Specifications (and therefore subject to
measurement) the Contractor shall notify the Quantity
Surveyors before proceeding to cover up the Works.
If the Contractor considers that work has been executed in accordance

with the S.O.‟s instruction and which would not normally have been
remeasured, he shall provide the Quantity Surveyors with at least 48
hours notice in writing before covering up such work.
Failure by the Contractor to inform the Quantity Surveyors on time

before covering up the work may render this claim null and void.
5.41 Opening Up
The Contractor shall, at the request of the S.O. open up for

inspection any work covered up; and should the Contractor
refuse or fail to comply with such request, the S.O. may
employ other workmen to open up same. If the said work has
been covered in contravention of the S.O. instructions and if
on being opened up it be found not in accordance either with
the drawings or instructions of the S.O., the expenses of
opening up and covering up again whether done by the
Contractor or other workmen shall be borne by or recoverable
from the Contractor or may be deducted as aforesaid.
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5.41 Opening Up (Cont‟d)
If the work has not been covered up in contravention of such

instructions and be found in accordance with the said
drawings etc. then the expenses aforesaid shall be borne by
the Employer and be added to the Contract Sum.
5.42 Preservation of Earth Slopes
The Contractor shall take all necessary precautions to

preserve all earth slopes, both existing i.e. slopes already
existing on the site including boundary slope at the time of the
site being handed over to the Contractor and new, i.e. slopes
formed and constructed by the Contractor under the Contract.
He shall construct adequate temporary water courses and drains and

take other necessary steps to prevent slops form occurring. Should
slips occur due to the Contractor‟s neglect to take necessary
precautions to preserve the earth, slopes, he shall, at his own
expense, make good such slips to the entire satisfaction of the S.O.
The Contractor shall make daily inspection of the earth slopes and
more often if he deems it necessary or if so instructed by the S.O. He
shall record the results of his inspections in the site book. In the
event of slips occurring or in the opinion of the Contractor, may
possible occur, the Contractor shall immediately report to the S.O.
who shall give the necessary instruction to the Contractor.
The Contractor shall be held solely responsible for the sufficiency of

the precautions taken by him to preserve the earth slopes and shall
be liable for and shall indemnity the Employer in respect of any
claims or proceedings arising out of his neglect of this clause.
5.43 Site Maintenance
The Tenderer is to allow herein or elsewhere in his prices for

maintaining the site during the currency of this Contract.
Maintenance of the grounds in this context shall be held to

mean all measures necessary for the abatement of the effects
of erosion, making good eroded areas by filling and
compaction, providing all necessary temporary drains and
sumps, making good turfing and keeping the grounds
generally in good conditions. The Contractor must provide
special shoring or other means of upholding and maintaining
the faces of earthworks during the currency of the Contract.
PRELIMS/39
PRELIMINARIES
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5.43 Site Maintenance (Cont‟d)
If the Contractor fails to maintain the grounds as above

described, the Employer must take immediate action and the
Contractor must bear all costs in the rectification of same.
5.44 Workmen's Compensation/ Socso
Allow for a policy or policies of insurance from an approved

Insurance Company to cover the liability of the Contractor in
respect of workmen employed.
The Contractor is to note that such insurances shall be taken

out in the joint names of the Datuk Bandar Kuala Lumpur and
the Contractor which shall also be as a condition precedent to
the commencement of any work.
The amount to cover for Workmen's Compensation Insurance/

Employer's liability shall be at least 15% of the Contract Sum
less Contingency and Prime Cost Sum and shall be approved
by the S.O. Such approval by the S.O. shall in no way waive
the Contractor's Legal Liabilities.
The Contractor shall comply with the requirement of the Employees

Social Security Act, 1969 and subsequent amendments and
enactments panel are enforceable in the area of work.
The nominated subcontractor shall be responsible for taking

up necessary policy for their works or to comply with the
SOCSO contribution.
PRELIMS/40
PRELIMINARIES
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6.0 ON COMPLETION
6.1 On completion of the Works and before handing over, the

Contractor shall :
Remove all plant, building appliances, apparatus or

equipment and conveyed away from the site.
All services, roads, temporary building, sheds, hoarding,

scaffolding etc. required in the work of construction area to
be disconnected, dismantled, taken down and removed.
All holes, trenches and excavation in connection with the

plant, etc. are to be filled in a proper manner, leveled off
and closely turfed and the site left in a clean and orderly
conditions.
Remove all paint spots from floors, wall, hardware, glass,

fabric, etc.
Clean and polish all glass, glazed tile and stainless steel
surfaces.
Touch-up all paint finishes.
Hand over keys of all doors to the S.O. Keys shall have
identifying tabs attached.
Ensure that all services and equipment are functioning

efficiently and to the approval of the S.O.
Vacuum, wash clean and when dry polish all floor and wall
finishes (additional to previous polishing).
Leave the building, rooms and other newly built works

clean and tidy and ready for immediate occupation and
use in immaculate manner to the satisfaction of the S.O.
6.2 In the event of the Contractor not clearing away the above mentioned
material and plant within a time directed by the S.O., the Employer will
be empowered to perform such work, either by employing a third party
for such purposes or dealing with such direct and the cost of such
clearing away will be deducted from the money due or to become due
to the Contractor. The Employer will not be held responsible or liable
for any material or plant left upon the site.
PRELIMS/41
PRELIMINARIES
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6.0 ON COMPLETION (CONT’D)
6.3 Defects After Completion
Allow for inspecting the Works at the end of the twelve (12)
months defects liability period and making good all defects in
accordance with Clause of the Condition of Contract. Allow also
for inspecting and making good such defects that may be of an
urgent nature during the defects liability period.
6.4 Letter Of Statutory Declaration
Upon completion of work, before the release of final payment,

or at any such time as request by the S.O., the Contractor shall
furnish to the Employer a letter of Statutory Declaration made
by or on behalf of the Contractor to the effect that all suppliers
and sub-contractors engaged in the works, whether nominated
or otherwise, have been paid in full all payment due to them in
connection with supply agreements or sub-contracts they have
entered into with the Contractor.
The Employer reserves the right to temporary withhold any

payment due or to be due to the Contractor until the Contractor
comply with this requirement.
If the Contractor fails to release the total payment due to the

parties mentioned above, the S.O. shall issue a certificate to
that effect and the Employer may then make such payment to
any Nominated Sub-Contractor or Supplier or Domestic Sub-
Contractor or Supplier concerned and deduct the same from
any sum due or to become due to the Contractor.
PRELIMS/42
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7.0 PARTICULARS OF CONTRACT CONDITIONS
7.1 Form Of Contract
The Form of Contract into which the Contractor will be required

to enter in connection with this project is the "Borang Kontrak
DBKL 203A, Rev.1/2010”.
The Contractor is to note that additional clauses, if any,

stipulated in this Contract shall supersede the general clauses
provided in the above mentioned Form of Contract.
7.2 No Assignment Of Contract To Bank
The Contractor shall note the special requirement that

assignment of contract to the bank or any financial institution
is not allowed in this Contract.
7.3 Schedule Of Conditions Of Building Contract
The Contractor is referred to the Form of Contract for full

information. The number and titles of the Clauses together with
any additional information if any, are given below and the
Contractor is to allow here or in his rates for all expenses
involved in complying with the terms of these Clauses :-
Clause No. Description

1.0 Definifitions and Interpretations
2.0 Contract Period
3.0 The S.O. and S.O.’s Representative
4.0 S.O.’s Right to Take Action
5.0 S.O.’s Instructions
6.0 Scope of Contract
7.0 Contract Sum
8.0 Contract Documents
9.0 Representations, Warranties and Undertakings of the
Contractor
PRELIMS/43
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7.0 PARTICULARS OF CONTRACT CONDITIONS (CONT’D)

7.3 Schedule Of Conditions Of Building Contract (Cont'd)
10.0 Obligations of the Contractor
11.0 Inspection of Site
12.0 Programme of Work
13.0 Performance Bond/ Performance Guarantee Sum
14.0 Indemnity in Respect of Personal Injuries and
Damage to Property
15.0 Insurance Against Personal Injuries and Damage to
Property
16.0 Indemnities to Datuk Bandar Kuala Lumpur in
Respect of Claims by Workmen

17.0 Employees’ Social Security Act, 1969
18.0 Insurance of Works
Notes :-
The Contractor shall maintain a ‘Contractors’ All Risk

Policy’ in the joint names of the Contractor, the Datuk
Bandar Kuala Lumpur and all his Sub-contractors.
The policy shall cover particularly the following:
The total value of works in accordance

with the Contract Sum plus 10% for
professional fees and an additional amount
of RM500,000.00 for debris removal and
other risks.
Third Party Liability Limit (RM1,000,000.00

on any one accident and unlimited during
the period of insurance) and the Total Limit
of indemnity is unlimited.
Injury and damage to property real or

personel.
PRELIMS/44
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18.0 Insurance of Works (Cont’d)
Notes :- (Cont’d)
Endorsement to cover for injury to the

Supervising Staff, Architects, Engineers,
Quantity Surveyors, Employers and their
representatives.
Against loss and damage described in

Clause 18.1(a) of the Conditions of
Contract.
Cross Liability.
Automatic Reinstatement of Sum insured.
ExtendedMaintenancecover(for
Maintenance Period i.e. Practical
Completion Time plus Defects Liability
Period).
Extension of cover of extra-charges for

overtime, night work, work on Public
Holiday, express freight).
Vibrations and/ or removal on weakening

of support.
The insurance excludes cover for constructional

plants belonging to the Contractor.
If the Contractor consider that he requires additional

cover of insurance, he shall do so at own expense.
The Contractor will be required to produce all cover

notes and receipts for premium paid in respect of all
insurance for the inspection of the S.O. before the
commencement of any work in this Contract.
PRELIMS/45
27.0
28.0
29.0
30.0
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18.0 Insurance of Works (Cont’d)
Notes :- (Cont’d)
Period of cover for the insurance shall be extended

to cover for the construction period and defects
liability or maintenance period.
During the defects liability or maintenance period,

the liability of the Contractor during this period shall
be limited to any loss or damage caused by him in
the course of the operation carried out for the
purpose of complying with the obligations under the
defects liability clause of the Contract.
19.0 Setting Out
20.0 Unfixed Materials and Goods
21.0 Compliance to the Law
22.0 Design
23.0 Employment of Workmen
24.0 Variations
25.0 Valuation of Variations
26.0 Bills of Quantities
Measurement of Works
Payment to Contractor and Interim Certificates
Adjustment of Contract Sum
Fluctuation of Price – This clause is deleted
31.0 Final Account and Payment Certificate
PRELIMS/46
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32.0 Effect of S.O’s Certificates
33.0 Deduction from Money Due to Contractor
34.0 Prime Cost/ Provisional Sums
35.0 Materials, Goods and Workmanship
36.0 Inspection and Testing of Materials, Goods and
Equipment
37.0 Constructional Plant, Equipments, Vehicles and
Machineries
38.0 Possession of Site
39.0 Completion of Works
40.0 Damages for Non-Completion
41.0 Sectional Completion
42.0 Partial Occupation Taking Over by Datuk Bandar
Kuala Lumpur
43.0 Delay and Extension of Time
44.0 Claims for Loss and Expense
45.0 Investigation by the Datuk Bandar Kuala Lumpur and
Other Persons in Case of Accident, Failure or Other

Event
46.0 Access for Works, Etc.
47.0 Sub-Contact or Assignment
48.0 Defects After Completion
49.0 Unfulfilled Obligations
50.0 Suspension of Works
PRELIMS/47
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51.0 Events and Consequences of Default by the
Contractor
52.0 Termination on National Interest
53.0 Termination on Corruption, Unlawful or Illegal
Activities
54.0 Payments Upon Suspension and Termination on
National Interest
55.0 Events and Consequences of Default by the Datuk
Bandar Kuala Lumpur

56.0 Certificate of Termination Costs
57.0 Surviving Rights
58.0 Effect of Force Majeure
59.0 Site Agent and Assistants
60.0 Nominated Sub-Contractors and/ or Nominated
Suppliers
61.0 Payment to Nominated Sub-Contractor
62.0 No Liability of Datuk Bandar Kuala Lumpur to
Nominated and/ or Sub-Contractor or Supplier

63.0 Responsibilities of Contractor to Nominated and/ or
Sub-Contractors or Suppliers
64.0 Intellectual Property Rights
65.0 Antiquities
66.0 Arbitration
67.0 Notice, Etc.
68.0 Safety at the Site
PRELIMS/48
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69.0 Advance Payment – This Clause Is Deleted
70.0 Amendment
71.0 Confidentiality
72.0 Stamp Duty
73.0 Severability
74.0 Waiver
75.0 Laws Applicable
76.0 Successors Bound
77.0 Epidemics and Medical Attendance
78.0 Technology Transfer
79.0 General Duties and Performance Standard
80.0 Restriction and Procedure on Use of Imported
Materials and Goods

81.0 Time
PRELIMS/49
CADANGAN MENAIKTARAF DAN PENGINDAHAN KAWASAN SEKITAR JALAN KENANGA,
BUKIT BINTANG, KUALA LUMPUR UNTUK TETUAN DEWAN BANDARAYA KUALA LUMPUR
GENERAL SUMMARY OF TENDER
BILL DESCRIPTION FROM PAGE AMOUNT (RM)

1 PRELIMINARIES PRELIMS/53
2 CIVIL ENGINEERING WORKS (ALL PROVISIONAL)
Section 1 - Soil Investigation BILL.2/16

Section 2 - Monsoon Drain BILL.2/26
Section 3 - Road and Pavement BILL.2/37
Section 4 - Surface Water Drainage BILL.2/48
3 ART WALL AND SECURITY FENCE
Section 1 - Art Wall BILL.3/7

Section 2 - Security Fence BILL.3/8
4 REST AREA SHADE BILL.4/5
5 ART WORKS BILL.5/9
6 REFUSE STORAGE BILL.6/9
7 ENTRANCE GATEWAY BILL.7/7
8 SOFT AND HARDSCAPE BILL.8/5
9 STREET FOOD HUB BILL.9/14
10 MECHANICAL AND ELECTRICAL SERVICES (DOKUMEN 2
DARI 2)
11 PROVISIONAL SUM BILL.11/1 545,000.00
TOTAL AMOUNT
…………………………………………………… …………………………………………………………
Signature of Tenderer Signature of Witness

…………………………………………………… …………………………………………………………
Name in Full Name in Full

…………………………………………………… …………………………………………………………
Designation Designation
Address: Address:
…………………………………………………… …………………………………………………………
…………………………………………………… …………………………………………………………
…………………………………………………… …………………………………………………………
GSOT
BILL NO. 1 - PRELIMINARIES
COLLECTION
Item 1.0 - Generally
From Page PRELIMS/1
From Page PRELIMS/2
From Page PRELIMS/3
From Page PRELIMS/4
From Page PRELIMS/5
From Page PRELIMS/6
GFrom Page PRELIMS/7
From Page PRELIMS/8
JFrom Page PRELIMS/9
From Page PRELIMS/10
Item 2.0 - Materials and Samples
MFrom Page PRELIMS/12
NFrom Page PRELIMS/13
PFrom Page PRELIMS/14
QFrom Page PRELIMS/15
Item 3.0 - Pricing
TO BE CARRIED FORWARD TO PAGE - PRELIMS/51
PRELIMS/50
COLLECTION
BROUGHT FORWARD FROM PAGE - PRELIMS/50 :
Item 4.0 - Temporary Works
PRELIMS/51
COLLECTION
Item 5.0 - Contract Administration
JFrom Page PRELIMS/32
MFrom Page PRELIMS/35
QFrom Page PRELIMS/38
Item 6.0 - On Completion
PRELIMS/52
COLLECTION
Item 7.0 - Particulars of Contract Conditions
TO BE CARRIED TO GENERAL SUMMARY OF TENDER
PRELIMS/53

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PRELIMINARIES

BILL NO.1 - PRELIMINARIES

1.1 Preliminary Items

or and shall include his or its heirs, personal

Officer or S.O.” dan Penyenggaraan Bangunan, Dewan

firm or company referred to as such in the

Damas, No. 60, Jalan Sri Hartamas 1, Sri

Engineer or C&S Tingkat 2, Regalia Business Centre, Jalan

1.0 GENERALLY (CONT'D)

1.2 Definitions (Cont‟d)

Electrical Engineer 81-2, Jalan Wangsa Delima 5, Pusat

or Q.S.” Corporate Park, Jalan 1/125E, Taman Desa

accordance with the Contract and shall

between the Employer and the Contractor

Selected or directed by the Superintending Officer. The

"her" or "their" and the word "he" may also

Document or as required to carry out the

illustrated in the Bills of Quantities.

1.0 GENERALLY (CONT'D)

1.2 Definitions (Cont‟d)

And Approved" those shown in the Drawings or described in

Plant" whatsoever nature required in or about the

Works" kind required in or about the execution,

modification of such drawings approved in

"Day" Shall mean calendar day of twenty four

"Month" Shall mean a Gregorian calendar month all

times periods shall be calculated according

1.0 GENERALLY (CONT'D)

1.2 Definitions (Cont‟d)

Measurement" be based on Malaysian Standard of weight

Plural" the plural and vice versa where the context

Documents shall have the following

as issued by the British

1.2 Definitions (Cont‟d)

“Abbreviation" : Abbreviations used in the Contract

Documents shall have the following meanings:

of Measurement (Latest Edition).

1.3 Description Of Works

The Contract comprises generally the supply of all labours,

materials, tools, implements, equipments and everything else

Restorating, upgrading existing street food hubs

The full description of the work is found in the Bills of

1.0 GENERALLY (CONT'D)

1.4 Location Of Site

The site of the proposed Works is shown in Tender Drawings

The Contractor is to refer to the Site Plan for the exact

1.5 Visit To Site

1.6 Possession Of Site And Checking Of Dimensions

Immediately after taking possession of the site and before

Demolition and excavation works shall not commence until

The Contractor shall employ a Licensed Surveyor to carry out

1.7 Costs Of Maintenance Of Access And Drainage

The Tenderer shall include in his prices for the cost of

1.0 GENERALLY (CONT'D)

1.8 Damage To Existing Works

The Contractor shall exercise the utmost care when executing

1.9 Tender Table Documents

Tender Table Documents may be inspected at the office

The Contractor shall be provided free of charge two sets of

The Contractor shall give adequate advance notice to the S.O.

1.11 Avoidance Nuisance

1.12 Order Of Works

The Contractor shall not be entitled to claim any expenses if