General
All works with respect to investigation, design, construction, maintenance,
etc. shall comply with the Government's Requirements.
All designs must optimally satisfy the requirements of visual elegance,
functional adequacy, safety, suitability, robustness, ease of maintenance
and cost effectiveness.
2.0
Scope of Work
The scope of work shall comprise the planning, design, construction,
equipping, supervision, testing, and commissioning, all in strict accordance
with the Government's Requirements as specified in Parts 1, 2, and 3 of
Volume 2 of the Pre-bid Documents. The Works shall include but shall not
be limited to the following:(i)
(ii)
(iii)
(iv)
(v)
The Contractor shall provide at his own risk and expense and allow for in
his tender price all materials, scaffolding, tools, plant, equipment,
professsional services, labour, transport, water, power, lighting, complying
with and obtaining detailed planning permission and building regulation
approval including the relevant Certificates of Fitness and everything else
necessary for the proper execution and completion of the Works.
3.0
Contractors Consultants
All investigations, designs and construction supervision shall be carried
out by qualified and experienced Professionals (Architects, Engineers,
Surveyors, Quantity Surveyors etc.) registered with the appropriate
Malaysian governing statutory boards for the relevant type of discipline,
and the Treasury
The Contractor shall submit a complete list of consultants to be employed
for the project stating their job category and their obligations. The
Consultants shall be suitably qualified and competent and shall be
registered with their respective professional Boards.
The Contractor shall not employ any other professionals (other than those
named in his proposal) without the prior consent of the Project Director.
The Contractor is also required to retain the said Consultants to provide
standing supervision of the Works throughout the Contract Period and
they shall not be discharged without the consent of the Project Director.
All as-built drawings required for this project shall be certified by
registered architects and professional engineers from the said Consultants.
Bumiputera Participation
The Contractor shall engage Bumiputra Contractors or other Bumiputera
Organisations to carry out specific portions of the Works on a sub-contract
basis and the amount of this participation shall be at least 30% of the the
Contract Sum. The Bumiputera Contractors/Organisations shall be from
the registered list approved by the Pusat Khidmat Kontraktor or the
Ministry of Finance. In this respect the Contractor should indicate clearly
how he intends to fulfill this requirement and provide a full list of the
portions of the Works to be carried out by Bumiputera
Contractors/Organisations.
5.0
5.2
all cost and time necessary for full compliance with Clauses 2.9.1 and 9 of
the Conditions of the Contract.
For the purpose of compliance with Clause 9 of the Conditions of The
Contract: Restriction and Procedure On Use Of Imported Goods, the
Contractor whose Tender has been recommended and considered for
acceptance will be required to submit to the P.D. to secure the
Governments approval, the list and particulars of any material, plant,
equipments, vehicles or other goods which are not locally available and
proposed to be imported, prior to the acceptance of his Tender.
For the purpose of compliance with clause 2.9.1 of the Conditions of
Contract on the employment of foreign consultants, the Contractor shall
submit together with his tender the list and particulars of any foreign
consultant whose expertise required for the implementation of the project
cannot be obtained locally. The Contractor will be required to replace any
proposed foreign consultant not approved by the Government with
suitably qualified/experienced local consultants approved by the P.D.,
before his tender can be considered for acceptance.
7.0
8.0
iii)
printed hard copies properly labelled and bound. The P.D. may
instruct reports to be produced at more frequent intervals.
Monthly reports shall contain shall contain at least four (4)
illustrative photographs (5 copies of this report shall contain fullcolour progress photographs) at every level of construction for each
site and problems encountered. A set of photographic slides /
progress video showing the progress and stage of construction of
each part of the Works and where possible an overall view of the
Works shall also be submitted together with the aforesaid monthly
progress report.
The works programme must consist of the three (3) basic elements of
planning, milestones, task or activities and relationships.
ii) The works programme will start with a milestone and finish or complete
with a milestone.
iii) The commencement and finish date must coincide with the
contractual dates.
iv) All tasks and activities must have both predecessor and successor
element linked.
v)
The contractor can submit either a PERT or GANTT formatted
programme.
vi) The relationships approved for use are either finish to start, start-tostart, finish-to-finish and start to finish.
vii) The works programme must be resoursce loaded with machinery and
manpower to the quantum that the contractor proposed to carry out the
works with. For example General Worker [2] where General Worker
is the resource type and [2] is the number or quantity proposed.
viii)The works programme must be financially loaded as per the tender
items & cost. In the event the tender is of lump sum nature, the
contractor will need to disperse their tender cost across the work
programmes, task & activities, to values, rationalized and approved by
JKR or its authorized representatives.
ix)The works programme must indicate clearly all designated governmental
approved holidays and any other holidays they wish to adhere to during
the course of the project time. This selected list of holidays must be on
the timeline chart display or extractable via the calendar view.
x)
The programme must be presented in a Works Breakdown Structure
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10.0 Payment
All payments under the Contract will be made in Malaysia Ringgit and in
accordance with Clause 49 of the Conditions of Contract. Payment shall be
based on:
a)
Payment Schedule *
The Contractor is to submit a proposal for a realistic Interim Payment
Schedule for the whole duration of the contract. The Payment
Schedule should reflect the proposed programme of works and
progress of work and shall be mutually agreed before signing of the
Contract.
b)
Valuation of Works *
Payments shall be made by the Government based on the P.Ds
monthly valuation of the Works properly executed and of any goods
or unfixed materials delivered to or adjacent to the Site intended for
use or to be incorporated in the Works.
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13.2
13.3
13.4
13.5
The Contractor shall gather up and clear away all rubbish as it accumulates
during the progress of the Works and leave the site clean and tidy upon
completion. The Contractor shall also remove all debris arising from the
construction work from the site. Before handing over the Works to the
Project Director, the Contractor shall scrub all floors, pavings, staircases,
etc., clean out all gutters, gulleys, drains and roof coverings and also clean
all glass panes and ensure that all doors and windows close properly.
15.0 Compliance with Requirements of Local Authorities
Notwithstanding the provisions of Clause 12.2 of the Condition of Contract,
the Contractor is also required to seek the approval of the various relevant
authorities concerned with the Works and to submit evidence of such
approval to the Project Director.
16.0 Temporary Facilities and Services
The Contractor shall provide and maintain the following facilities and
services for the entire duration of this Contract.
16.1 For the Works
The Contractor shall provide and maintain in good condition all the
necessary temporary facilities and services during the duration of the works,
to include, but not limited to, the following:
(a)
(b)
(c)
(d)
Project Signboards
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(e)
Hoarding
(f)
Storage
(g)
(h)
Sanitation
(i)
(j)
(k)
Survey instruments
(l)
(m)
(n)
(o)
(i)
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(vii) Toilet facilities consisting of w.c., urinal, shower and wash hand
basins, solely for the use of the P.D. and his staff.
(viii) The Contractor shall pay all deposits and charges, comply with all
bye-laws, maintain all services and pay all bills for electricity, water,
telephones, etc. for the full duration of the Contract.
(b)
(ix)
The Contractor shall keep the office accessible at all times and in
every way habitable for working purposes 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
throughly clean and sanitary condition.
(x)
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17.0
To include only if necessary and after obtaining approval from the relevant
committee in accordance with `Garispanduan Perolehan Khidmat
Pengangkutan dan Kemudahan Penggunaan Peralatan Melalui Kontrak
Kerja via letter (42) dlm. KPKR.020.050/03 Klt.3 dated 1 Mac 2000
Contractor's Proposal
The Contractor shall take note of the following conditions:
17.1
Design
All the designs by the Contractor shall be carried out in accordance with all the
relevant standard engineering practice and standards and shall be approved by
local and central authorities if required.
17.2
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(ii)
The Contractor shall be liable for and shall indemnify the Government in
respect of any claim or proceeding arising from his neglect of this provision.
All costs associated therewith shall be deemed to be included in the Contract
Sum.
27.0
regarding the project to visitors as and when required by the P.D. The materials
to be provided by the Contractor shall include a professionally produced ten
minute presentation video as an audio-visual briefing on the background and
proposals for this project and shall be prepared to the satisfaction of the P.D..
The Contractor shall ensure that his project manager and the relevant
consultants involved in this project is present during these briefings.
All costs incurred by the Contractor in complying with this requirement shall
be deemed to have been included in the Contract sum.
32.0 Compliance with Lembaga Pembangunan Industri Pembinaan Malaysia
(CIDB) Act 1994 and the Construction Industry (Levy Collection)
Regulations 1996
The Contractor shall comply and cause his sub-contractors to comply with the
requirements of the Lembaga Pembangunan Industri Pembinaan Malaysia Act
1994 and the Construction Industry (Levy Collection) Regulations 1996. He
shall submit a due notification on Form CIDB L1/96 to CIDB not later than 14
days after the issuance of the Letter of Acceptance/Letter of Award or any
document which constitutes the contract for the execution of the Works. In any
case, this notification shall given not less than 14 days before the
commencement of the Works. If so required by the P.D., the Contractor shall
submit to the P.D. documentary evidence that he has complied with the above
requirements.
33.0 Joint Venture Requirements
Any Proposal submitted by a legally constituted joint venture shall comply
with the following:
33.1 The Contractors Proposal shall be signed by the authorised signatories of all
the partners to the joint venture so as to be legally binding upon each partner.
33.2 A copy of the Joint Venture agreement shall be attached to Volume 1 of the
Proposal for the perusal and approval of the Government.
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33.3 The Joint Venture agreement signed by the authorized signatories shall include
an undertaking by all partners to the joint venture that they remain liable jointly
and severally to the Government for the execution and completion of the whole
of the Works in full accordance with the terms contained in the Governments
Requirements as referred to in Appendix 3 to the Conditions of Contract.
33.4 The Contractors Proposal shall include:
a)
b)
c)
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34.4 General cleaning such as cleaning the floors, toilets, cooking utensils,
apparatus, drains etc are part of the requirements of maintenance. However,
cleaning of boiler, switch gears/distribution boards, water storage tanks, water
main, air-conditioner, AHU, and equipment which require regular cleaning as
part of routine maintenance is the responsibility of the Contractor during the
maintenance period.
34.5 The detailed scope of maintenance is given in the respective Governments
Requirements for Civil, Mechanical and Electrical Works and any other
equipment supplied by the Contractor under the Contract.
35.0 Defects Liability Period
The period of defects liability shall be twenty-four (24) months after practical
completion of the Works unless otherwise stated in Appendix 1 of the Contract
Conditions.
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