BILL NO. 1 - Preliminaries

PRELIMINARIES & GENERAL CONDITIONS
ITEM DESCRIPTION AMOUNT

(RM)
1.1 GENERALLY
The foregoing `Preliminaries’ items set out hereunder are

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

words and expressions shall have the meanings hereby assigned
to them except where the context otherwise requires:
i. ”Works” means the works to be executed in accordance with

the Contract.
ii. ”Contract” means the documents forming the tender and

acceptance thereof including:
 Articles of Agreement and Schedule of Conditions and

Addendum No. 5,6 &7 and Appendix thereto (PWD
Form 203A (rev. 10/83))
 Special Provision to the Condition of Contract
 Form of Tender
 Letter of Acceptance of Tender
 Contract Drawings
 Specification
 Bill of Quantities
iii. ”Approved” means approved in writing (including

subsequent written confirmation of previous verbal
approval) and “approval” means approval in writing
(including as aforesaid).
iv. ”As described” means as described in the Specification

and/or the Summary Of Tender.
v. ”Local Authorities” shall be deemed to include the relevant

statutory bodies, supply authorities and federal departments
in so far as their approval and/or consent are materials to
the implementation of the Works or anything in connection
thereof. Words importing singular only also include plural
and vice versa where the contract requires.
Headings in these Summary of Tender and/or Specifications

shall not be deemed to be part thereof and shall not be
taken into consideration in the interpretation on
construction of the Contract.
AS2/08 F/ BILL 1 1

(RM)
To Collection:
1.3 PARTIES
a. Employer or where the word “Government / Kerajaan” is

used shall mean BOUSTEAD HEAVY INDUSTRIES
CORPORATION BHD.
b. ”S.O” shall mean the “Superintending Officer” who shall

mean GROUP MANAGING DIRECTOR OF BOUSTEAD
HEAVY INDUSTRIES CORPORATION BHD. or his
authorised representative.
c. “Project Management Consultant” means RIZAL HOOD

JURUTERA PERUNDING SDN. BHD., Lot 83C, Lorong
Mamanda 1, Ampang Point, 68000 Ampang, Selangor
Darul Ehsan.
d. “Civil and Structural Engineer” means RIZAL HOOD

JURUTERA PERUNDING SDN. BHD.,
e. “Mechanical and Electrical Engineer” means RIZAL HOOD
JURUTERA PERUNDING SDN. BHD.
f. “Quantity Surveyor” means AS2 CONSULT SDN BHD,

No.11B Jalan Cecawi 6/19A, Kota Damansara, 47810 Petaling
Jaya, Selangor Darul Ehsan.
g. “Contractor” means the person or persons, firm or company

whose tender has been accepted by the Employer and
includes the Contractor’s authorized representatives,
successors and permitted assigns.
1.4 ABBREVIATIONS
In these Summary Of Tender and/or Specification the followings

abbreviations shall have the meanings hereby assigned to them:
M3 Cubic Metre
M2 Square Metre
M Linear Metre
mm Millimetre
No. Number
Prs Pairs
Oz Ounce Avoirdupois
Lbs. Pounds Avoirdupois
Ton Imperial Ton
Tonne Metric Ton
Kg. Kilogramme
B.S British Standard
M.S Sirim Standard
1.5 PAYMENT FOR PRELIMINARIES ITEMS

Preliminary items will be paid in installments as the work
proceeds. Generally they will be paid in the proportion of the
value of work executed to the total value of works. However, at
the discretion of the S.O. interim payment in excess of this
proportionate value may be made for any item if the amount
expended in respect of such item can be reasonably ascertained.
AS2/08 F/ BILL 1 2

(RM)
To
Collection :
1.6 SCOPE OF CONTRACT/GENERAL DESCRIPTION OF WORKS
The Contract to be entered into is for the proper execution and

completion of the whole works which includes providing all
labour, materials, plant, tools, temporary works, etc., in
connection with the works all in accordance with the Summary Of
Tender all to the satisfaction of the Superintending Officer
hereinafter referred to as S.O. The scope of work shall comprise of
but not limited to CADANGAN MEMBINA KILANG DI ATAS
LOT 10, DI KAWASAN PERINDUSTRIAN BENTONG
FASA 2B, MUKIM SABAI, DAERAH BENTONG, PAHANG
DARUL MAKMUR
. The works which are to be under this Contract are briefly
described below:
a) Preliminaries
b) Building Works
c) Mechanical and Electrical Works
d) External Works
e) Equipment Installation Works
f) Provisional Sum
1.7 LOCATION OF SITE

The site is located at Kawasan Perindustrian BentongFasa 2B, Mukim
Sabai, DaerahBentong, Pahang Darul Makmur as shown in drawing No
RH1541/ARCH/SP/001 as listed in Appendix A.
1.8 INSPECTION OF SITE
The Contractor shall be deemed to have inspected and examined

the site and its surrounding and to have satisfied himself as to the
nature and position of, means of communication with, access to
the site, the extent and nature of the Works, the nature of the
ground and sub- soil, the types of material to be excavated, the
material and goods necessary for completion of the works, the
facilities for placing and moving of material and plant, the
accommodation he may require and in general to have acquainted
himself with all matters pertaining to risks, contingencies and all
circumstances affecting the execution and completion of the
Works and shall be deemed to have allowed the same in the
Contract Sum.
Claims will not be entertained by the S.O. for any extra costs
incurred by the Contractor in carrying out the works not specified
herein, but the necessity for which could have been foreseen by
him on inspection of the site before tendering.
1.9 SITE CONDITIONS
Immediately after taking possession of the site and before
commencing work, check the actual levels and dimensions against
those shown on the drawings, and in the event of any discrepancy,
shall immediately notify the S.O.
AS2/08 F/ BILL 1 3

(RM)
Allow for blinding the site with quarry dust, hardcore or other
suitable material to facilitate movement of plant and machinery
within the site including excavated areas.
To
Collection:
2.0 TEMPORARY ACCESS TRACKS AND SITE DRAINAGE
Provide and maintain all necessary temporary access to an within

the Site including culverts, tracks, etc. as long as required and
remove and make good on completion to the satisfaction of the
S.O. The position where the site access is to be made shall be as
indicated on the site plan or as instructed by the S.O. and the
Contractor shall make all arrangement and obtain all approvals
required.
The access roads shall be properly maintained at all times and

shall be removed only when instructed by the S.O.
The Contractor shall make proper provision for the drainage of

surface water from the work site including rainwater from
surrounding areas which drain on to the site.
The Contractor shall at his own cost, provide, form, fix and
maintain as and when directed by the S.O. such pumps, chutes,
walls, drains, bunds, silt traps and other temporary work such as
temporary round culverts necessary for the proper drainage of the
site so that no flooding or other damage or disturbance is caused
to areas surrounding the works or to the works throughout the
duration of the contract.
2.1 WASH TROUGHS
The Contractor shall construct wash trough at all exits from site.
All vehicles leaving the site shall be thoroughly cleaned by high-
pressure water jets. The Contract sum shall be deemed to include
for compliance with this sub-section.
2.2 PROTECTION OF EARTH SLOPES AND DRAINS
The Contractor shall take all necessary precautions to preserve all

earth slopes.
He shall construct adequate temporary watercourses and drains

take other necessary steps to prevent slips from occurring. Should
slips occur due to the Contractor’s neglect to take necessary
precautions to preserve the earth, slopes, he shall at his own
expense, make good such slips to the entire satisfaction of the S.O.
The contractor shall take special precaution to prevent any water

from sipping into the existing swimming pool. The contractor shall
bear all expenses for cleaning and make good due to non
adherence.
AS2/08 F/ BILL 1 4

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

of the precautions taken by him to preserve the earth slopes and
shall be liable for and shall indemnify the Government in respect of
any claims or proceedings arising out of his neglect of this
provision.
To Collection :
2.3 PROTECTION OF PUBLIC AND PRIVATE ROADS AND

PROPERTIES
The Contractor shall maintain public and private approach roads,

footpaths, kerbs, culvert etc. to the Site clear of mud and debris at
all times.
The Contractor shall arrange for the conveyance of materials, plant

etc. onto and away from the Site so as to cause a minimum of
damage to existing roads, footpaths, kerbs, culvert etc.
Protect, uphold and maintain all pipes, ducts, sewers, overhead

cables and other services unless earmarked for demolition during
the execution of the Works.
The Contractor shall be responsible for any damage caused by his

lorries or workmen to public and private approach roads to the site
and adjoining properties, including that caused by his Nominated
Sub-Contractors and Suppliers. The Contractor shall make good
any damage caused at his own expense to the satisfaction of the
S.O. or alternatively shall bear the cost of making good as a
deduction from any money due to become due under this Contract.
2.4 DISCREPANCIES IN CONTRACT DOCUMENTS
The documents (including the drawings) forming the Contract are

to be taken as mutually explanatory of one another.
Discrepancy shall be referred without delay to the S.O. who may at

his discretion issue to the Contractor instructions directing in what
manner the work is to be carried out.
In the event of discrepancy between standard specification and
particular specification, the particular specification shall take
precedence.
2.5 DIMENSION
Figured dimensions on the Drawings shall be followed in all cases.

Where dimensions are omitted or in doubt, the Contractor shall
seek the instruction of the S.O.
2.6 DRAWINGS
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(RM)
The drawings used in the preparation of this Summary Of Tender
are listed in Appendix `A’.
The Contractor shall be deemed to have examined the drawings

prior to submission of tenders, no claims for extras consequent
upon non-examination of drawings will be considered.
Before commencing work on any portion of the Works, the

Contractor shall check all details and dimensions shown in the
drawings and in the event of any discrepancy shall immediately
notify the S.O. and obtain the necessary instruction on the correct
details and dimensions to be followed.
To
Collection:
2.7 FORM OF CONTRACT
The Contract shall be based on the Standard Form of Contract

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

shall be read conjointly with the Conditions of Contract and shall
form part of this Contract.
The Contractor is deemed to have allowed in the Contract Sum all

expenses in complying with the Conditions of Contract, together
with all amendments, modifications, amplification notes the
addendum and supplementary clauses.
2.8 SCHEDULE OF HEADING, AMENDMENTS AND

MODIFICATIONS TO CONDITIONS OF CONTRACT
The headings of the Conditions of Contract, with details of

amendments and modifications, are given herein.
Clauses Description
1. Definitions and Interpretation
2. Duties of S.O. and S.O.’s Representatives.
3. S.O.’s Right to Take Action.
4. Scope of Contract
5. S.O.’s Instructions.
5.i The Contractor’s attention is here drawn to the
requirements of this clause for S.O.’s instruction to be in
writing and/or subsequent confirmation in writing of oral
instruction issued.
6. Notices
7. Contract Documents
8. Sufficiency of Contract Documents
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(RM)
9. Materials and Workmanship
10. Unfixed Materials and Goods
11. Statutory Obligation
12. Fossils, etc.
13. Patent Rights and Royalties
14. Setting Out.
15. Inspection of Site
16. Employment of Workmen
17. Compliance with Employment Ordinance
18. Days and Hours of Working
19. Foreman and Assistants
20. Wages Books and Time Sheets
21. Default in Payment of Wages
22. Discharge of Workmen
23. Access for S.O. to the Works, etc.
24. Variations
25. Measurement and valuation of works including Variations
26. Bills of Quantities
27. Sub-Letting and Assignment
28. Nominated Sub-Contractor and/or Nominated Suppliers.
To Collection:
2.8 SCHEDULE OF HEADING, AMENDMENTS AND

MODIFICATIONS TO CONDITIONS OF CONTRACT (Cont’d)
28.i Clause 28 (e)(f) and (g) is deleted and substituted with

a new Clause 28 (e), (f) and (g).
29. Responsibilities of Contractor for Nominated
Sub-Contractors and/or Nominated Suppliers.
30. Prime Cost and Provisional Sums
31. Artists and Tradesmen
32. Indemnities to Employer in respect of Personal Injuries
and Damage to Property.
33. Insurance Against Personal Injuries and Damage to
Property.
34. Workmen’s Compensation.
35. Employee’s Social Security Act, 1969.
36. Insurance of Works
37. Performance Bond
38. Possession of Site
39. Completion of Works
40. Damages for Non-Completion
41. Sectional Completion
42. Partial Occupation by Employer
43. Delay and Extension of Time
44. Loss and Expense Caused By Delays
45. Defects After Completion
46. Unfulfilled Obligation
47. Payment to Contractor and Interim Certificates
48. Final Certificate
49. Effect of S.O.’s Certificates
50. Deduction from Money Due to the Contractor.
51. Determination of Contractor’s Employment.
52. Effect of War and Earthquake
53. Fluctuation of Price
54. Arbitration
55. Stamp Duty
56. Bahasa Malaysia Text Shall Prevail
2.9 APPENDIX TO THE CONDITIONS OF CONTRACT

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(RM)
Clauses Description
3(a)(i) Officer (s) Empowered to GROUP MANAGING

Take Action on Behalf of DIRECTOR OF BHIC
The BHICB Respect of
Clause 40 and 43, Clause
51, 52 & 54.
11(d) Date of Tender To be inserted
Date for Closing of Tender As stipulated in the Tender Notice
30(d) Work covered by P.C Only work which the Contractor

Sums for which Contractor has the requisite head and subhead
will be permitted to tender of registration as a Government
Contractor.
To
Collection:
2.9 APPENDIX TO THE CONDITIONS OF CONTRACT (Cont’d)
33. Minimum insurance cover RM 500,000.00

for any one accident or Period of insurance: Contract
series of accidents arising Period + Defects Liability Period
out of one event + 14 days + 3 months
33(a) Amount of excess clauses Nil
34. Minimum insurance 10% of Builders Work

amount based on
estimated total earnings Policy No. to be submitted, Period
of Contractor’s workmen of insurance : Contract Period +
Defects Liability Period + 14 days
+ 3 months
35. SOCSO Scheme To be submitted by Contractor

registration number
36. Amount to be added to RM:Value of Contract plus 6%

full value of Contract Sum
as the Insured Sum Policy No: To be submitted
Period of Insurance:
36(b) Amount of excess clause NIL
37. Performance Bond 5% of Contract Sum
Amount of Guarantee
Guarantor Bank/ To be Submitted by Contractor

Guarantee No: To be Submitted by Contractor
38(b) `Date for Possession’ of To be Stipulated in the Letter of

site Acceptance
AS2/08 F/ BILL 1 8

(RM)
39. Date for Completion’ for To be ascertained based on
whole of the works completion period tendered
40. Liquidated and 6.5% x contract sum

Ascertained Damages at 365
the rate of
41. Sectional Completion Nil
45. Defects Liability Period (if Twelve (12) months

none stated, then the
period is six (6) months)
To Collection :
2.9 APPENDIX TO THE CONDITIONS OF CONTRACT (Cont’d)
47(a) Value of work executed RM 100,000.00

including material and
goods to be delivered
before first Interim
Certificate will be issued
47(a) Value of work executed RM 100,000.00

including material and
goods to be delivered
before each subsequent
Interim Certificate will be
issued
47(d) Period for honouring Thirty (30) days

payment certificate if
none stated, then within
thirty (30) days of the
issue of the Certificate
54(h) Appointer of arbitrator (in Director of Regional Centre for

the event of disagreement Arbitration Kuala Lumpur
between the parties on
the appointment of any
arbitrator)
3.0 AMPLIFICATION NOTES TO CONDITIONS OF CONTRACT
A. NOTE TO CLAUSE 7 - CONTRACT DOCUMENTS
i. The Contractor shall bear the costs for additional

copies of documents required by him over and above
the number of copies stipulated in this Clause.
B. NOTES TO CLAUSE 9 - MATERIALS AND

WORKMANSHIP
AS2/08 F/ BILL 1 9

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

materials, goods or workmanship, whether executed
by his workmen or staff, or by the workmen or staffs
of any Sub-contractor, such errors or defects are to be
remedied to the satisfaction of the S.O. by and at the
cost of the Contractor.
iii. The Contractor is not to alter or amend any of the

description of materials in these Summary Of Tender
and except where expressible provided to the
contrary, any offer of alternative materials will render
the tender liable to disqualification.
Wherever in this Summary Of Tender any goods or

materials are specified, such are to be considered as
being the minimum Standard acceptable.
To
Collection:

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

WORKMANSHIP (Cont’d)
In the event of the S.O. allowing the substitution of

any of the materials during the course of the contract,
such substitution shall be accompanied by a
corresponding deduction in cost unless the S.O.
otherwise directs.
iv. All materials used in or in connection with the works shall be

obtained from within the district or state where the Works is
situated. Under no circumstance shall materials intended for
use in or in connection with the Works be obtained from
outside the district or state where the Works is situated unless
the S.O. is satisfied that these are not procurable from the said
district or state.
C. NOTE TO CLAUSE 11 - STATUTORY OBLIGATIONS ETC.
i. The Contractor shall give all requisite notices to the relevant

Local Authorities and conform in all respect to their
requirements and obtain all licenses and pay all fees, royalties
or charges including any rates or taxes legally demandable. All
cost in connection with this provision shall be deemed to have
been included in the Contract Sum.
D. NOTE TO CLAUSE 14 - SETTING OUT
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(RM)
i. Immediately after taking possession of the site and before
commencement of the work, the Contractor shall check the
actual levels and dimensions against those shown on the
Drawings, and in the event of any discrepancy, shall
immediately notify the S.O.
ii. Allow for providing all necessary labour, rods, pegs,

instruments, etc. required for setting out the whole of the
works.
iii. Establish bench marks approved by the S.O. and must be tied
up to an existing Government bench mark.
iv Check and confirm actual boundaries of site (where they relate

to this Contract) and agree same with the relevant Local
Authorities. Form and leave permanent markers (of a type to
be approved by the S.O.) indicating actual confines of site.
Allow for engaging an approved Licensed Land Surveyor to

perform the survey work in (ii) and (iii) above, and other
survey work ordered by S.O. to be carried out from time to
time for the proper execution of the whole entire Works
including paying all fees and expenses.
v. The Contractor will be responsible for the accuracy of locating

and positioning each pile position, where applicable. Any
errors in setting out and any consequential loss to the
Employer will be made good at the Contractor’s expense to the
satisfaction of the S.O.
vi. Allow for providing theodolites, level and such like instruments
and attendance for the S.O. in checking of levels and setting
out of the Works throughout the contract period.
vii. Any assistance given by the S.O. in setting out will not relieve
the Contractor of his responsibility to set out the Works
accurately
To Collection :

(Cont’d)
D. NOTE TO CLAUSE 14 - SETTING OUT (Cont’d)
viii. Records of setting out and levels taken shall be submitted to

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

the S.O. The Contractor shall allow herein for four copies of As-
Built Plans of the agreed levels and dimension signed by both
parties.
E. NOTE TO CLAUSE 23 - ACCESS FOR S.O. TO WORKS ETC.
I. All persons authorised by the S.O. shall have access to the site
at all times.
II. Allow for providing safety helmets, ladders or scaffolding

required for the S.O.’s representative, Architect, Consultants,
their representatives or such other person authorised by any
of them.
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(RM)
F. NOTES TO CLAUSE 30 - PRIME COST AND
PROVISIONAL SUMS
Under Clauses 30 of the Condition of Contract, the Prime Cost (P.C.)

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

administration of all Sub-Contracts in accordance with the Conditions
of Contract and shall arrange a progress programme with each Sub-
Contractor and Nominated Sub-Contractor to permit the Contract
being completed by the date for completion.
Provide all necessary exact and legible documents to all firms where it
is proposed to sub-let any portion of the work. Submit for approval a
list of firms he proposes to employ as Sub-Contractors for trade of
Specialist items
Where lists of approved firms for particular services are provided,

only firms on such lists shall be invited to tender.
The Contractor shall be responsible for the safe custody and

conditions of articles or goods provided by, for the use of nominated
Sub-Contractors after such articles or goods have been delivered in
good condition to the site.
The Contractor is to price where indicated later in these Summary Of

Tender for providing attendance upon nominated Sub-Contractors and
such attendance shall include for the following:
To Collection :
3.0 AMPLIFICATION NOTES TO CONDITIONS OF CONTRACT (Cont’d)
F. NOTES TO CLAUSE 30 - PRIME COST AND PROVISIONAL SUMS

(Cont’d)
1. Ascertaining from Sub-Contractor all particulars relating to

their work in regard to sizes, positions and order of their
execution in which chases, holes, mortices and similar items
are required to be formed or left and providing same (the
contractor will be responsible for any additional cost incurred
as a result of any omission on his part in his respect).
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(RM)
2. Affording free and full use of scaffolding and hoisting tackle
erected. In this respect, the Contractor shall give sufficient
notice to all Nominated Sub-Contractors as to when he intends
to dismantle his standing scaffolding and hoisting tackle so as
to provide the opportunity for the Nominated Sub-Contractors
to plan for their use if they wish to do so (See also (i) in the
following paragraph).
3. Providing suitable safety, health and welfare measures and

amenities (including latrines, messrooms, etc.,) all in
compliance with the current statutory Regulations.
4. Providing free use of suitable areas for storage of the

Nominated Sub-Contractors materials, plants etc. and for
putting up their temporary offices., etc.
In the event of the lack of adequate or suitable area on the

unbuilt parts of the site for the use of the Nominated Sub-
Contractors due to the site being built up or due to any other
reason, the Contractor shall allow and provide suitable storage
space within the built-up areas to the Nominated Sub-
Contractors for their use.
5. Supplying all setting out information.
6. Giving all necessary dimensions and taking responsibility for

their accuracy.
7. Providing adequate supply of water for the Nominated Sub-

Contractors’ use.
8. Providing artificial lighting which shall be adequate and of a

reasonable level of illumination to those areas where execution
of their Works are being undertaken by the Nominated Sub-
Contractors.
9. Providing free temporary power supplies adequate for the

Nominated Sub-Contractors’ use for execution of their Works.
10. Assisting in arranging for source of any special power supplies

required by Nominated Sub- Contractors for starting, testing,
adjusting, balancing and commissioning of Mechanical and
Electrical Installation (See also (iii) in the following paragraph)
To Collection:

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

PROVISIONAL SUMS (Cont’d)
11. Clearing away all rubbish from site.
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(RM)
12. Taking full responsibilities for, and covering and
protecting against all loss or damage to all executed
and part executed Nominated Sub-Contractors work
and all materials and goods properly brought on site
or inclusion in the Nominated Sub-Contract Works,
whether or not included in any certificate including
keeping and rectifying all necessary joint records
thereof.
It is to be noted that the Nominated Sub-Contractor

will include in the Nominated Sub-Contract, inter alia,
the costs in connection with the following:
i. Unloading, getting in, storing and all handling

and hoisting of his materials, plant and tools
into required positions.
The Contractor will however, perform this

service on receipt of the Nominated Sub-
Contractor’s written order to this effect
undertaking to reimburse the Contractor’s
reasonable charges for so doing.
ii. The provision, erection, maintenance and

removal of all his temporary office and storage
accommodation including paying all
assessment and other charges.
iii. Arranging for source of special power supplies

required for starting, testing, adjusting,
balancing, and commissioning of Mechanical
and Electrical Installation, supplying and
running distribution cables, leads, electrical
gear, etc., required and paying for all current
consumed.
G. NOTES TO CLAUSE 33 - INSURANCE AGAINST

PERSONAL INJURIES AND DAMAGE TO PROPERTY
The Contractor’s attention is specially drawn to his

responsibilities under Clause 32 and 33 of the Conditions of
Contract.
The Contractor shall effect and maintain a `Contractor’s All

Risks Policy’ in the joint names of BOUSTEAD HEAVY
INDUSTRIES CORPORATION BHD. the Contractor, their
appointed Sub-Contractors and shall arrange the policy with
an Insurance Company to be approved by the BOUSTEAD
HEAVY INDUSTRIES CORPORATION BHD. and covering
particularly the following:
i. Third Party Liability (RM500, 000.00) on any one

accident and unlimited during the period of insurance
and the total limit of indemnity is unlimited.
ii. Injury and damage to property real and personal.
To
Collection :
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(RM)
(Cont’d)
G. NOTES TO CLAUSE 33 - INSURANCE AGAINST

PERSONAL INJURIES AND DAMAGE TO PROPERTY
(Cont’d)
iii. Cross Liability.
iv. Extended Maintenance Cover (for Maintenance Period

or Defects Liability Period and an Additional of three
(3) months plus 14 days Thereafter)
v. Extension of covers of extra-charges for overtime,

night work and work on Public Holidays.
vi. Automatic reinstatement of sum insured.
vii. The insurance policy must be endorsed to cover injury

to the Supervising Staff, the S.O. Engineers, Quantity
Surveyors, BOUSTEAD HEAVY INDUSTRIES
CORPORATION BHD. and their representatives
No excess Clause shall be specified in the policy or

policies in effecting the above.
The Contractor will be required to produce all cover

notes and receipts for premiums paid in respect of all
insurance for the inspection of the S.O. before the
commencement of any work in this Contract. Period
of cover for the insurance shall be the full Contract
Period and extended to cover the Defects Liability or
Maintenance Period Plus an additional of three Months
Plus 14 Days.
viii. Pay such contribution as have become due and

remain unpaid and deduct the amount of such
contribution from any money due or to become due to
the Contractor.
Nothing in this Clause shall be construed to take away or to

waive or any manner to modify the right of the BOUSTEAD
HEAVY INDUSTRIES CORPORATION BHD. to be
indemnified by the Contractor in respect of all
compensation, costs and other expenses whatsoever which
by reason of the Contractor’s default or otherwise become
payable by the BOUSTEAD HEAVY INDUSTRIES
CORPORATION BHD.under the said Legislation or other
law.
H. NOTE TO CLAUSE 34 - WORKMEN’S COMPENSATION
i. The labour content shall be assessed to be not less

than 25% of the costs of the Contract Sum less
Preliminaries and Provisional Sums. The Nominated
Sub-Contractors shall effect and maintain separate
policies to cover their own worker.
AS2/08 F/ BILL 1 15

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To Collection:

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

(Cont’d)
ii. Provided the Contractor will be required to take out

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

time to time on the first day on which the same ought to be
paid and until the completion of his contract and upon
demand the Contractor shall produce to the S.O the last
receipt for payment of such contributions.
If any default is made by the Contractor in complying with

the terms of this clause the S.O may without prejudice to
any other remedy available to the BOUSTEAD HEAVY
INDUSTRIES CORPORATION BHD. for breach of any terms
of this Contract:
a. Withhold all payment which would otherwise be due

to the Contractor under this contract and out of such
money so withheld satisfy any claims for
compensation by workmen that would have been
borne by SOCSO had the Contractor not made default
in maintaining the contribution and/or
b. Pay such contribution as have become due and

remain unpaid and deduct the amount of such
contribution from any money due or to become due to
the Contractor.
Nothing in this Clause shall be construed to take away or to

waive or any manner to modify the right of the BOUSTEAD
HEAVY INDUSTRIES CORPORATION BHD. to be
indemnified by the Contractor in respect of all
compensation, costs and other expenses whatsoever which
by reason of the Contractor’s default or otherwise become
payable by the BOUSTEAD HEAVY INDUSTRIES
CORPORATION BHD. under the said Legislation or other
law.
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I. NOTE TO CLAUSE 35
Employees’ Social Security Act 1969
Notwithstanding anything to the contrary contained

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

(Cont’d)
I. NOTE TO CLAUSE 35 (Cont’d)
Employees’ Social Security Act 1969 (Cont’d)
The Contractor shall be responsible to submit to the S.O

whether demanded or not, the Employer’s Code Number of
the Sub-Contractors and social Security Number, or copies of
Form 2 or Form 3 if the Social Security Number are not yet
available of all employees employed by them.
J. NOTES TO CLAUSE 36
Insurance of works
The liability shall be covered by a Contractor’s All Risks

Policy, which also shall include all Third Party Liabilities. The
insurance policy shall provide expressly for payment in the
first place to the BOUSTEAD HEAVY INDUSTRIES
CORPORATION BHD. of any insurance monies due under
the policy. The policy shall cover particularly following:
i. Earthquake, volcanism, tsunami, storm cyclone, flood,

inundation, landslide, fire, lightning, explosion,
tempest, ground subsidence, etc. as stated in the
conditions of Contract.
ii. Strike, riots and Civil Commotion
The insurance excludes cover for constructional plant

belonging to the Contractor, If the Contractor considers that
he requires additional cover of Insurance, he shall do so at
his own expense.
No excess clause shall be specified in policy or policies in

effecting the above
The contractor will be required to produce all cover notes

and receipts for premiums paid in respect of all insurance
for the inspection of the S.O. before the commencement of
any work in this Contract
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Period of cover for the insurance shall be for the full
Contract Period Only.
K. NOTE TO CLAUSE 37 - PERFORMANCE BOND
The Contractor is required before commencement of the

works, to deposit with the BOUSTEAD HEAVY INDUSTRIES
CORPORATION BHD. a Performance Bond in the form of
Banker’s Guarantee or Insurance Guarantee equal to five
percent (5%) of the Contract Sum for the due observance
and performance of this Contract.
L. NOTE TO CLAUSE 39 - COMPLETION OF WORKS
i. Time is of major importance under this Contract and

completion within the contract completion period is
essential.
To
Collection:

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

(Cont’d)
ii. The Contractor shall adhere to Works Programme

strictly and ensure that the works are completed and
handed over in time. Upon completion of the Works or
any section thereof the Contractor shall hand over the
Completed Works or section to the Employer without
obstructions.
iii. The Contractor is deemed to have allowed in the

Contract Sum for all measures and contingencies they
may require including provision of multiple gangs,
suitable construction techniques and equipment,
overtime work, standby task force, etc. in order to
comply with the provision of this Clause.
M. NOTE TO CLAUSE 43 - DELAY AND EXTENSION OF TIME
i. Sub-Clause (b) - “Exceptionally inclement weather” is

hereby defined as a condition of weather, which on
the basis of past records could be considered as
having less than 5% chance of occurring in any one
year.
ii. In assessing the statistical probability of any such

extraordinary condition reference shall be made to the
Rainfall Statistics issued by the Department of
Drainage and Irrigation, Department of Civil Aviation
or Department of Meteorological Services.
N. NOTE TO CLAUSE 44 - LOSS AND EXPENSE CAUSED BY

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

reasonable notice of the precise dates for access to
the various parts of the Works during the Defects
Liability Period for the purposes of making good
defects.
P. NOTE TO CLAUSE 47 - PAYMENT TO CONTRACTOR AND

INTERIM CERTIFICATES
i. Detailed lists of works done and materials shall

accompany all application for progress payments on
site.
To
Collection:

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

INTERIM CERTIFICATES (Cont’d)
ii. To facilitate approval of applications for progress

payments the Contractor shall submit to the Quantity
Surveyor a copy of the delivery orders of all material
delivered to site so as to enable the Quantity Surveyor
to check and verify the material supplied.
iii. The S.O may by a certificate make any correction or

modification of any previous certificate, which shall
have been issued by him, and the S.O shall have
power to withhold any certificate if the works or any
parts thereof are not being carried out to his
satisfaction.
iv. ”Material and goods” shall mean material and goods,

which will be incorporated into the Works excluding all
formwork material. Only 75% of the total value of
material on site shall be included under Interim
Certificates.
3.1 WORKING HOURS
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Provide for working at night, on Sundays and on Public Holidays if
he deems necessary (subject to the written permission of the S.O.),
making adequate security arrangements and indemnifying the
Employer against any claims by third parties caused by working
outside normal working hours. No claims for extra remuneration on
account of working outside normal working hours shall be
entertained.
If in the opinion of the S.O. the progress of the Works is behind

schedule, the S.O. shall have the right to instruct the Contractor to
increase his plant and labour force and/or to continue work beyond
normal working hours, including night work, in order to maintain
the progress of the work to his satisfaction. The Contractor shall
bear the extra cost for complying with such an S.O’s Instruction.
The Contractor shall bear all overtime supervision cost that may be
incurred by the Employer due to such working outside normal
working hours.
In no case shall any night work be allowed without the written

permission of the S.O.
3.2 PROTECTION OF PUBLIC AND PRIVATE SERVICES
Protect, uphold and maintain all pipes, ducts, sewers, cables and
other services that are found within the site during the execution
of the Works unless they are earmarked for demolition or diversion
in the Contract Bills.
The Contractor is to make good any damage due to any cause

within his control at his own expense or bear any costs and
charges of the remedial work.
If any of the public services are to be terminated or diverted the
Contractor shall give notice to the relevant Local Authorities and
arrange for the necessary work to be carried out.
To Collection:
3.3 UNDERGROUND SERVICES
Before commencing any excavations for the purpose of carrying

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

notice to the relevant Local Authorities and arrange the temporary
disconnection for diversion of such services that may be affected
by the Works and shall bear all costs and expenses arising there
from.
Thereafter the Contractor shall carry out the excavations in such

manner and sequence as the S.O. may direct.
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If during excavations the Contractor’s workmen uncover any
cables, water mains, sewers or other services, work shall be
stopped immediately and shall not be started again until the
matter has been reported to the S.O. who will issue whatever
directions he deems appropriate.
3.4 ADVERTISING
The Employer reserves the sole right of advertising upon or

adjacent to the Works. The Contractor shall not allow and must
ensure that no advertisement is displayed without the written
consent of the S.O.
3.5 RESPONSIBILITY FOR SPECIALISTS
In the event of any specialist firms being employed by the

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

by the relevant Local Authorities and approved by the S.O.
3.6 WORKS PROGRAMME
Prepare within one (1) week of the notification of acceptance of

tender, a detailed works programme for the execution of the Works
Submit two (2) copies of this works programme chart and
subsequent revisions as required to the S.O.
The works programme shall be in sufficient detail to permit week-

by-week precise comparison between the work as programmed
and the actual progress of the Works.
The works programme shall not be revised except after

consultation with and approval by the S.O.
A current copy of the works programme shall be available at the

site office at all times for inspection by all persons concerned with
the Works.
To Collection:
3.6 WORKS PROGRAMME (Cont’d)
Notwithstanding the submission and approval of the works

programme, the Contractor is in no way relieved from his
responsibility to complete the works by the Date of Completion or
any extension of time granted in accordance to the Conditions of
Contract.
3.7 INVOICES, RECEIPTS. ETC.
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Produce for inspection all time sheets, delivery notes, invoices,
accounts, receipts, test certificates and such other vouchers and
records as the Quantity Surveyor may require in connection with
the preparation of the Interim Certificates and Final Certificate.
3.8 DAILY SITE RECORDS
Maintain proper daily records on the weather conditions, number

of workmen employed, quantity and type of plant in use, detailed
records of material tested and generally the progress and
conditions of the Contract.
Such record shall be submitted weekly to the S.O.
4.0 PROGRESS PHOTOGRAPHS
Provide ten (10) sets of progress photographs of the Works

comprising ten (10) negatives together with postcard colour prints
showing different views of the work taken (by a professional
photographer) at monthly intervals during the currency of the
Contract. The photographs shall be properly serialised, titled and
dated indicating the positions where they are taken and endorsed
by the Contractor.
Before commencement of the work, ten (10) views of the site are
to be taken and submitted to the S.O. for distribution as required.
The Contractor shall also provide the necessary albums for safe
keeping of the progress photographs and to produce receipts of
payment for reimbursement.
4.1 PROGRESS REPORTS
Submit to the S.O. fortnightly progress record indicating individual

component progress made in the preceding two weeks. Such
reports shall show cumulative progress towards scheduled
completion, expressed as a percentage, of all items shown in the
approved works programme and shall also include a summary of
the progress achieved through every phase of the Contract.
The reports shall also cover number of workmen employed,

material delivered, the extent and type of plant employed, weather
conditions, etc. and other site activities in the preceding two
weeks.
4.2 SITE MEETINGS
The Contractor’s authorised representative, his site agent and/or

his site staff shall be required to attend all site meetings called by
the S.O.
The Contractor shall arrange for the attendance at the appropriate

times of the senior representatives of all Sub-Contractors and
Suppliers, nominated or otherwise.
To
Collection :
4.3 SITE MANAGEMENT AND SUPERVISION
Provide for all and off site management and supervision including
Site Engineers and all necessary clerical and supporting personnel.
AS2/08 F/ BILL 1 22

(RM)
Submit within two weeks of the notification of acceptance of tender
a list of site management personnel together with their resume
who will be directly involved and responsible for this project. The
site management personnel shall not be changed without prior
approval from the S.O.
The Contractor shall designate a Site Agent who shall be a

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

working hours, working overtime and whenever necessary.
4.4 PLANT AND EQUIPMENT
Provide all necessary plant for the proper execution of the works
such as:
i. Mechanical plant and vehicles
ii. Non-mechanical plant
Particular attention is to be given to the use of proper and modern

plant and other labour and time saving devices to ensure that the
Works will be carried out expeditiously.
Obtain the written approval and certificates from the relevant

Local Authorities for all mechanical plant used on site and ensure
that the validity of such certificates is maintained throughout the
period of use. Copies of all such certificates shall be submitted to
the S.O.
Provide the S.O. from time to time with up-to-date lists of all the
mechanical plant on site.
The Contractor shall maintain the plant during the currency of the
Contract and remove at the completion of the works. All plant and
machinery shall not be removed from the site without the consent
in writing of the S.O. which shall not be unreasonably withheld.
4.5 LABOUR-ON-COSTS
Provide for all costs in respect of workmen, as applicable, for:
i. Annual and public Holidays
ii. Traveling time and expenses, such as fares and transport.
iii. Non-productive time and other expenses in connection with

overtime.
iv. Incentive and bonus payments
To Collection:
4.5 LABOUR-ON-COSTS (Cont’d)

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(RM)
v. Any other disbursements arising from employment of labour,
e.g. SOCSO
Complying with all Safety, Health and Welfare Regulations

pertaining to all Workmen employed on the site.
4.6 FIRST AID KITS
Provide first aid kits at suitable locations on the Site and instruct
an adequate number of persons in their use.
4.7 EMPLOYMENT OF FOREIGN WORKERS
Every effort must be made by the Contractor to employ Malaysian

citizens for the Works. If foreign workers are to be employed the
Contractor shall be responsible for their entry strictly in
accordance with the requirements of the relevant immigration laws
and regulations. He shall also be responsible for obtaining their
work permits from the relevant Authorities. The Employer
absolves himself from all responsibility pertaining to this matter.
4.8 ORDERING OF MATERIAL
The Bills of Quantities are not to be used as the basis for ordering
any material.
Place orders for specified material at the earliest possible date

after notification of acceptance of tender. Produce at the S.O.’s
request records to show that these orders have been placed and
shall make every effort to ensure that there are no shortages of
material during the progress of the works.
Immediately inform the S.O. should there be any delays in delivery

and where possible, suggest alternative sources of supply.
If the Contractor fails for any reason to supply any material which
he had contracted to supply or if he fails to supply any such
material in sufficient time to enable the contract to be completed
by the agreed date for completion then in either event the
Employer may supply any portion, or all of such material. If the
Employer supplies such material the cost in respect thereof to be
borne by the Contractor shall be:
Either
the current market rates
Or
the actual cost to the 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 detailed above shall be
deducted from money due or to become due to the Contractor
under this Contract and the Contract Sum shall be adjusted
accordingly.
In no way will the material ordered or supplied by the Employer

relieve the Contractor of any of his duties or responsibilities under
the Contract.
To Collection:
AS2/08 F/ BILL 1 24

(RM)
5.0 SAMPLES
Submit samples of materials and goods to the S.O. and obtain his
written approval before ordering in bulk.
Sample panels of proposed materials and workmanship should also

be submitted to the S.O. for his approval.
The approved samples shall be kept by the S.O. who shall reject all
such materials and goods and condemn such workmanship that
does not correspond with the approved samples.
5.1 SUBSTITUTE MATERIAL
If during the course of the Contract certain material required for

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

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

shall not be relieved of any of his obligations under this Contract
and he shall be solely liable for any delay and loss occasioned by
his failure to provide material as specified.
5.2 TEMPORARY WATER SUPPLY
Provide all necessary water for use in Works by tapping from the
JBA water main. It shall be clean, fresh and fit for drinking.
Provide all temporary connections, pipes, fittings, storage tanks,
meters, etc., including liaising with the Local Authorities and clear
away and make good on completion and pay all costs and charges
in connection therewith.
5.3 ABATEMENT OF POLLUTION
The Works shall be carried out in such a manner as to minimise

noise, vibration, dust, smoke and other nuisance that may disturb
the occupants of adjoining properties and the public.
Waste and debris arising from the Works are to be sprinkled with
water to prevent dust arising and all proper screens, dustsheets
etc. shall be provided.
Take all necessary measures to prevent the entry of oil, paint or

other deleterious material from the site into any new or existing
drainage system, natural watercourse or pond. Should such
materials foul any drainage system or watercourse the Contractor
shall clean up the drainage system, watercourse or pond at his
own expense.
AS2/08 F/ BILL 1 25

(RM)
To Collection:
5.4 PREVENTION OF MOSQUITOES BREEDING
Provide labour, materials and equipment for the following

mosquito prevention measure:
i) All excavation and portion of site where water stagnates or

accumulations shall be kept dry by pumping, baling or other
suitable operations
ii) Take precautions as may be deemed necessary or desirable by

the S.O. for the prevention of breeding of mosquitoes and pay
all charges as may be required by Local Authorities concerned
for any anti-malaria, anti-dengue measure taken.
iii) Refrain from dumping or depositing rubbish, spoil, unused

materials, empty bottles, cans and other containers capable of
collecting liquid which afford breeding places for mosquitoes.
Contractor shall be held responsible for mosquitoes nuisance
at site and surroundings arising from non-observance of the
provision of this Clause and will be required to employ
whatever mosquito destructive measures directed by S.O. at
the Contractor own expense.
5.5 TEMPORARY ROADS
Provide and maintain all necessary temporary roads,

hardstandings, culverts and crossings within the site. Remove
same when no longer required and reinstate areas of ground
disturbed.
The Contractor shall ensure that none of the aforementioned

temporary work shall obstruct or impede the drainage systems.
5.6 EXISTING ROADS AND TRAFFIC SAFETY
Maintain all existing streets, roads (including side tables,

pedestrian walkways, culverts, kerbs, etc.) adjacent to the site and
keep the approaches to the site clear of mud and obstruction. All
such roads and streets must be used only for the passage of
vehicular traffic. Under no circumstances may they be used as a
temporary storage area.
Arrange for the conveyance of material, plant. etc., so as to cause

a minimum of damage to existing streets and roads.
The Contractor shall be responsible for any damage caused by his

or his sub-contractors or his suppliers transport vehicle or
workmen to any existing streets and roads and shall repair or
reinstate same to their original condition to the satisfaction of the
S.O. or alternatively shall bear the cost of such repair or
restoration.
Provide, maintain and remove on completion all necessary

temporary traffic guide rails, fences, signs, warning lamps,
lighting, etc., for the safety of all pedestrian and motorists and
requirement of the Traffic Control Authorities.
AS2/08 F/ BILL 1 26

(RM)
To Collection:
5.7 CONTRACTOR’S STORAGE, WELFARE AND OFFICE

ACCOMMODATION
Erect and maintain on the site in positions directed by the S.O.

adequate, secure and watertight temporary buildings for use
during the execution of this Contract to the approval of the S.O.
and Local Authorities. Pay all fees and charges.
Provide watertight sheds for the storage of material, plant, tools

and tackle and for the use of workmen on site. The contractor shall
liaise with the S.O. for the provision temporary site office for the
duration of the works.
No accommodation for workmen (kongsi) will be allowed on the

site. The contractor shall provide accommodation for his workman
off site, as he deemed appropriate.
Alter, shift and adapt all temporary structures from time to time as
necessary and remove on completion. Make good all areas
disturbed including reinstatement to original condition after
removal of temporary buildings and facilities.
5.8 TEMPORARY LIGHTING
Provide all necessary artificial lighting for use on the works.

Provide all temporary cables, mains, sub-mains, wirings, fittings,
etc. for the above, clear away and make good on completion and
pay all fees and charges.
5.9 TEMPORARY ELECTRICITY SUPPLY
Provide and maintain all necessary temporary electricity and

power supply for the Works. The temporary supply shall comply
with the requirements of TENAGA NASIONAL BERHAD (T.N.B.),
and their written approval must be obtained.
The supply shall have sufficient capacity to meet the power

requirements of the whole of the Works inclusive of mechanical
and electrical services (including testing) as well as Contractor’s
plant and equipment.
Provide all temporary switchboards, main/sub-main reticulation

cables, distribution boards, wiring, fittings, metering, protection
housing of TNB’s equipment, protection of Contractor’s equipment,
switchgears and transformers and TNB liaison.
The Contractor shall arrange special supply of sufficient power for

testing of mechanical and electrical services included in the Works.
6.0 CLEANING THE WORKS AND HANDING OVER
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The Contractor shall on completion of the works, remove as quickly
as possible and convey away from the site at his sole cost, all plant
and surplus materials except those ordered to be left on the site
together with all rubbish and debris.
All services and leads, temporary buildings, sheds, barriers,
scaffolding, etc. required in the construction are to be
disconnected, dismantled and removed as directed by the S.O. On
completion of the works and before handling over, the Contractor
shall
To
Collection:
6.0 CLEANING THE WORKS AND HANDING OVER (Cont’d)
i) Completely remove all debris and rubbish within the buildings,

around the apron and in all the drains and gutters and cart
away from the site;
ii) Remove all paint spots from floors, walls, hardware, glass, etc.;
iii) Clean and polish all glass, glazed tiles and stainless steel
surfaces;
iv) Ease all doors, windows, cupboard doors and drawers to

facilitate each movement;
v) Touch up all paint surfaces;
vi) Check and adjust all locks;
vii) Ensure that all services and equipment are functioning

efficiently and to the approval of the S.O.;
viii) Wash, clean, dry and polish all floor finishes (additional to
previous polishing);
ix) Hand over keys of all doors to the Superintending Officer. Keys
shall have identifying tags attached;
x) Leave the building and the surroundings clean, tidy and ready
for immediate occupation.
6.1 TRAFFIC CONGESTION AROUND SITE
Particular attention is to be paid to the traffic congestion that may

be encountered on the streets around or approaching the site and
appropriate arrangement must be made with the Local Authorities.
6.2 SAFETY REGULATIONS
The Contractor shall initiate and enforce compliance of all safety

measures for workmen and public as stipulated by:
i. Factories and Machinery (Fencing of Machinery and Safety)

Regulations.1970;
ii. Factories and Machinery (Safety, Health and Welfare)
Regulations, 1970 and
AS2/08 F/ BILL 1 28

(RM)
iii. All other relevant safety-at-work legislation and regulations.
The Contractor is to serve any notice required not later those

seven (7) days before the commencement of work.
The Contractor shall ensure that proper precautions are taken to

reduce the risks of fire to temporary existing buildings whilst the
building is under construction.
Buildings debris should be removed periodically and storage of

inflammable goods and fuel are properly stored. Allow for the
provision of fire extinguishers and take relevant precautions as
may deem necessary or desirable by the S.O.
To Collection :
6.3 TEMPORARY MECHANICAL VENTILATION
Provide where necessary temporary mechanical ventilation to all

enclosed work areas for the safety of the workmen.
6.4 PROTECTIVE HELMETS, BOOTS, ETC.
Provide and maintain ten (10) Nos. protective and safety helmets,
ten (10) Pairs Wellington boots, five (5) Nos. measuring tapes, all
necessary safety shoes and equipment for all the workmen,
Contractor’s site management personnel, clerk-of-works,
Consultants and their representatives and all authorised visitors to
site.
6.5 LIABILITY OF FLOODING
The Contractor’s attention is drawn to the location of the site and

its existing levels relative to the surrounding and adjacent areas
and he is to determine the periods during which the site is liable to
flooding and to take and allow for the necessary precautions so
required to avoid any delays/damage to the Works caused thereby.
6.6 EXISTING TREES AND VEGETATION
Generally any trees, shrubs, bushes and all vegetation, etc. within
the site are to be cleared away. However, where there are trees
(located within or close to the site) which are to be preserved, the
Contractor is to take all precautions to protect them from being
injured.
Where these trees are to be felled, including cutting off branches

and foliage protruding into or causing obstruction to the carrying
out of works, the Contractor is to obtain the required permissions
etc. in connection thereto from the relevant Authorities and to pay
all charges involved.
6.7 METRICATION
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If any material described in the Contract or ordered by the
S.O/Architect are described by dimensions in the metric or imperial
measures and the Contractor cannot in accordance with the
Contact procure such materials in the measure specified in
sufficient time to avoid delay in the performance of his obligations
under the Contract but can obtain such materials in the other
measure to dimensions approximating to those described in the
Contract or ordered by the S.O/Architect then the Contractor shall
forthwith give notice to the S.O./Architect of these facts stating the
dimensions to which such materials are procurable in the other
measure.
As soon as is practicable after the receipt of such notice under

preceding sub-clause the S.O./Architect shall give an order to the
Contractor pursuant to Clause 13 of the Conditions of Contract
hereof which shall either:
a. direct the Contractor to supply such materials to the

dimensions stated in his said notice to be procurable instead
of the dimensions described in the Contract or originally
ordered by the Engineer
To Collection:
6.7 METRICATION (Cont’d)
b. Direct the Contractor to make some other variation whereby

the need to supply such materials to the dimensions
described in the Contract or originally ordered by the S.O.
will be avoided.
Any extra costs, expenses and time involved in pursuant of this

Clause shall be borne solely by the Contractor.
The provisions of this Clause shall apply irrespective of whether

the materials in question are to be supplied in accordance with the
Contract directly by the Contractor or indirectly by a Nominated
Sub-Contractor or Nominated Supplier.
6.8 OFFICE FOR SUPERVISORY STAFF

The Contractor shall liase with the S.O the location of temporary
site office for use of S.O. and S.O.’s representatives. The site office
shall consist of meeting room, officer’s room and store.
The office shall be submitted as follows :
i) Meeting Room
• 1 No. Meeting Table size 2.4m x 1.2m
• 16 Nos. Chairs (Low back chair model : Hillie 6001)
• 2 Nos. Drawing Racks (Artwright)
• 1 No. Notice Board (softboard)
ii) Office Room (2 No) each consisting of
• 4 No. Table size 1.35m x 0.9m
• 12 Nos. Chairs (Artwright executive chair model : EX20)
AS2/08 F/ BILL 1 30

(RM)
• 1 Nos. White Board size 0.90m x 0.60m with pen (marker)
• 1 No. Filling Cabinet Model : Lion 44P
• 2 Nos. ‘Artwright’ Drawing Hanger complete with 20 pcs of
plan hanger
The sum allowed is to include all fees for conservancy, water and
electricity charges, deposits etc.
The office, fittings and accessories shall become the property of

Contractor on completion of the works including paying all water,
electricity and other charges.
To Collection:
6.9 TELEPHONE CUM FACSIMILE MACHINE
The Contractor shall provide a telephone cum facsimile machine

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

and paper throughout the duration of the Contract.
7.0 ROYALTIES AND PATENT RIGHTS
The Contractor shall pay all royalties and expenses and be liable
for all claims in respect of the used of patent right whether in
Malaysia or elsewhere for or in connection with any article supplied
under this Contract and shall indemnify the Employer against any
claims arising there from.
In the event of any claim being made or action brought against the
Employer, the Employer shall be immediately notified thereof and
the Contractor shall, at his sole expense conduct all negotiations
for the settlement of the same or any litigation that may arise
therefrom.
7.1 SIGNBOARD
AS2/08 F/ BILL 1 31

(RM)
Provide and erect in a prominent position approved by the S.O.
signboards painted and lettered to S.O.’s approval and maintain,
dismantle and remove the same on completion.
7.2 INVOICES, RECEIPTS, ETC.
The Contractor shall at all times give every reasonable assistance

to the S.O. When requested, the Contractor shall produce for
inspection/retention all time sheets, delivery notes, invoices,
accounts, receipts, test certificates and such other vouchers and
records as the S.O. may require in connection with the Contract
and in the preparation of the Final Account.
7.3 PRESS STATEMENTS
The Contractor, his workmen or agents will not make any public or
press statements of any form or description which are exasperate
and detrimental to the interests of the BOUSTEAD HEAVY
INDUSTRIES CORPORATION BHD., supervisory staff or any
Consultants connected with this contract nor will divulge any
information to the public concerning this contract before or after
the completion of the works.
To Collection:
7.4 AS-BUILT DRAWINGS
The Contractor shall provide to the S.O.’s office, 3 sets of approved

as-built drawings and 3 sets in CD including the original set within
three (3) months after completion of the Works.
All drawings shall be A1 size (838mm x 584mm) unless otherwise

approved by the S.O. or his Representative. The Contract price
shall be deemed to include the cost of preparation, supply and
delivery of all drawings and formations.
7.5 CIDB, LAW, REGULATIONS AND REQUIREMENTS
The Contractor shall comply to Part VIII of the Lembaga

Pembangunan Industri Pembinaan Malaysia Act 1994 and the
Construction Industry (Levy Collection) Regulation 1996, and shall
submit a notification on Form CIDB L1/96 to the Lembaga not later
than 14 days after the issuance of the Letter of Acceptance/Letter
of Award/ or any document that constitutes acceptance of a
contract of works, not less than 14 days before the
commencement of the works, whichever date is earlier.
7.6 PROVISION OF EQUIPMENTS TO THE S.O
A) Site Vehicles
AS2/08 F/ BILL 1 32

(RM)
i) The Contractor shall provide the transport within thirty (30) days
from the Acceptance of Tender the following vehicles for the S.O. and
his authorized representative until the issuance of Certificate of Making
a) One (1) no. four wheel drive with full specification with petrol
card of RM500 per month for the whole duration of the Contract.
The 4WD must not be more than 2 years and must be in good
working condition. The vehicle proposed must be approved by the
S.O.
b) Four (4) no. motorcycles with full specification including full
maintenance during the contract period
ii) The vehicle provided must be in a good working condition and
the contractor shall pay all road tax, insurances (comprehensive
cover for the said vehicles, all fuel bills, maintenance, repair and
servicing expenses and ensure that the vehicles is, in the opinion
of the S.O., in a road worthy condition during the aforesaid period.
iii) In the event that the vehicle is lost, destroyed or damaged
beyond repair or become unavailable for use, the Contractor shall
within seven days of occurrence of such an event promptly replace
the vehicle(s) with another equivalent vehicle which satisfies the
requirement of this Clause.
iv) When the Contractor requires the vehicle for maintenance or
repair for more than two (2) consecutives days, he shall provide
the S.O. with an alternative vehicle until the original vehicle is
return for use by the S.O.
v) If the Contractor fails to provide the vehicle as required under
this clause the employer shall have the right to procure and
maintained the transport from other sources and all expenses
arising shall be borne by the Contractor.
vi) On completion of the Works, unless otherwise stated, the
vehicle and all its accessories shall become the property of the
Contractor.
To Collection:
7.6 PROVISION OF OFFICE EQUIPMENT TO THE S.O (Cont’d)
B) Provision of Notebook For The S.O

Provide within (30) days from the date of the Letter of Acceptance
one (1) nos DELL 9150 Dimension Computer system or other
equivalent as detailed below. The Contractor shall provide and
maintain the equipment and supply all consumable as required at
all time (3 years warranty).
The contractor shall liase with the S.O regarding placement of the
equipment. Each set of computer system shall comprise of and be
supplied completed with requirement as listed below:-
i) DELL XPS M1210 Intel ® Core ™ Duo T2300 notebook

- 80 GB* Ultra ATA Hard Drive
Dell ™ Wireless 350 Bluetooth Module
Targus Wireless Mini turbo Rechargeable Stow-away Mouse
2GB USB Memory Key
- Internal 56K External Modem
RJ-11 Modem Cable (AP)
- SoundBlaster Live Plus Platinum Sound Card 128MB RAM (min)
- 156MB DDR NVIDIA Qaudro FX Go 350M
- Altec lansing Speaker 400 walts
- 15.4” WUXGA Display
ii) Original Software: -
AS2/08 F/ BILL 1 33

(RM)
- Norton ™ Internet Security ™ 2008 or latest Edition-OEM
Version
- Genuine Microsoft Windows Vista
- Licensed Microsoft Office Professional Edition 2007 or latest
Edition
- Licensed Microsoft Project (latest Version)
- Licensed AutoCAD LT2007 or latest Edition
iii) Other Peripherals: -
- I unit D-link 10/100 fast Ethernet Switch 24 port model DES-
1266R
With all accessories
- MARATHON backup power supply – 2000VA
- USB Backup Storage 500GB Maxtor one touch
iv) Printer with network Interface: -
- One (1) unit A4 Printer HP Colour Laser jet 2600 TN
- One (1) unit A4 Printer HP B&W Laser jet 1320
C) Provision of telephone bills

Contractor is to allow for paying 5 no handphone bills at RM 150.00
for each handphone per month during the duration of the contract
for the used of S.O.’s site representatives.
7.7 TEMPORARY HOARDING
Provide and maintain all necessary hoarding, fences, notices and

the like for protection of the works, from damage, dust and
inclement whether in accordance with the requirements of the S.O.
and the Authorities, for the protection of the Public and the
occupants of adjoining properties, alter, shift, and adapt from time
to time as required by the S.O. all as per drawing No.
RH1541/ARCH/DET/007
To Collection:
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TOTAL PRELIMINARIES & GENERAL CONDITIONS CARRIED TO
GENERAL SUMMARY OF TENDER ON PAGE C/1
AS2/08 F/ BILL 1 35

BILL NO. 1 - Preliminaries

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BILL NO. 1 - Preliminaries

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PRELIMINARIES & GENERAL CONDITIONS

ITEM DESCRIPTION AMOUNT

The foregoing `Preliminaries’ items set out hereunder are

In these Summary Of Tender and/or Specifications the following

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

ii. ”Contract” means the documents forming the tender and

 Articles of Agreement and Schedule of Conditions and

iii. ”Approved” means approved in writing (including

iv. ”As described” means as described in the Specification

v. ”Local Authorities” shall be deemed to include the relevant

Headings in these Summary of Tender and/or Specifications

ITEM DESCRIPTION AMOUNT

a. Employer or where the word “Government / Kerajaan” is

b. ”S.O” shall mean the “Superintending Officer” who shall

c. “Project Management Consultant” means RIZAL HOOD

d. “Civil and Structural Engineer” means RIZAL HOOD

f. “Quantity Surveyor” means AS2 CONSULT SDN BHD,

g. “Contractor” means the person or persons, firm or company

In these Summary Of Tender and/or Specification the followings

1.5 PAYMENT FOR PRELIMINARIES ITEMS

ITEM DESCRIPTION AMOUNT

1.6 SCOPE OF CONTRACT/GENERAL DESCRIPTION OF WORKS

The Contract to be entered into is for the proper execution and

1.7 LOCATION OF SITE

1.8 INSPECTION OF SITE

The Contractor shall be deemed to have inspected and examined

ITEM DESCRIPTION AMOUNT

2.0 TEMPORARY ACCESS TRACKS AND SITE DRAINAGE

Provide and maintain all necessary temporary access to an within

The access roads shall be properly maintained at all times and

The Contractor shall make proper provision for the drainage of

2.1 WASH TROUGHS

2.2 PROTECTION OF EARTH SLOPES AND DRAINS

The Contractor shall take all necessary precautions to preserve all

He shall construct adequate temporary watercourses and drains

The contractor shall take special precaution to prevent any water

ITEM DESCRIPTION AMOUNT

The Contractor shall be held solely responsible for the sufficiency

2.3 PROTECTION OF PUBLIC AND PRIVATE ROADS AND

The Contractor shall maintain public and private approach roads,

The Contractor shall arrange for the conveyance of materials, plant

Protect, uphold and maintain all pipes, ducts, sewers, overhead

The Contractor shall be responsible for any damage caused by his

2.4 DISCREPANCIES IN CONTRACT DOCUMENTS

The documents (including the drawings) forming the Contract are

Discrepancy shall be referred without delay to the S.O. who may at

Figured dimensions on the Drawings shall be followed in all cases.

ITEM DESCRIPTION AMOUNT

The Contractor shall be deemed to have examined the drawings

Before commencing work on any portion of the Works, the

2.7 FORM OF CONTRACT

The Contract shall be based on the Standard Form of Contract

The amplification notes, the addendum and supplementary clauses

The Contractor is deemed to have allowed in the Contract Sum all

2.8 SCHEDULE OF HEADING, AMENDMENTS AND

The headings of the Conditions of Contract, with details of

ITEM DESCRIPTION AMOUNT

2.8 SCHEDULE OF HEADING, AMENDMENTS AND

28.i Clause 28 (e)(f) and (g) is deleted and substituted with

2.9 APPENDIX TO THE CONDITIONS OF CONTRACT

ITEM DESCRIPTION AMOUNT

3(a)(i) Officer (s) Empowered to GROUP MANAGING

11(d) Date of Tender To be inserted