Unfixed materials and goods delivered to, placed on or adjacent to the Site and intended fro incorporation therein, shall not be removed except for use upon the Works, unless the S.O. has consented in writing to such removal . Where the S.O. has included the value of such materials or goods in any certificate in accordance with clause 28, under which the Contractor has received payment, such materials and goods shall become the property of the Government, but the Contractor shall remain responsible for loss or damage to the same.
2013年9月30日星期一
19.0 Setting Out
19.1 The Contractor shall be responsible fr the truye and proper setting out of the Works and for the correctness of the positions, levels, dimensions and alignments of all parts of the Works and for the provision of all necessary instrucments, appliances and labour in connection therwith.
19.2 If at any time during the progress of the Works any error in the positions, levels, dimensions or alignbments of any part of the Works is discovered , the COntractor shall at his own expense rectify such error unless uch error is based on incorrect data supplied in writing by the S.O.'s Representative in which case the expense of rectifying shall be borne by the Government.
19.3 If at any time during the progress of the Works, any error shall appear or arise in the setting-out required to construct the works or in the position, levels, dimensions or aligbnment of any part of the Works, the Contractor, on being required to do so by the S.O. shall at his own expense rectify such error to the satisfaction of the S.O. The checking of any setting out of or of any line or level by the S.O. shall not in any way relieve the Contractor of his responsibility for the correctness thereof and the Contractor shall carefully protect and preserve all things used in the setting-out required for the cvonstruction of the works until the S.O. agrtees that the said things may be abandoned.
19.4 The Contractor shall give to the S.O. without charge such information as may be required by the S.O. to enable him to check the setting-out required for the construction of the Works including interpreting any marks made by the Contractor for the purpose of setting out .
19.2 If at any time during the progress of the Works any error in the positions, levels, dimensions or alignbments of any part of the Works is discovered , the COntractor shall at his own expense rectify such error unless uch error is based on incorrect data supplied in writing by the S.O.'s Representative in which case the expense of rectifying shall be borne by the Government.
19.3 If at any time during the progress of the Works, any error shall appear or arise in the setting-out required to construct the works or in the position, levels, dimensions or aligbnment of any part of the Works, the Contractor, on being required to do so by the S.O. shall at his own expense rectify such error to the satisfaction of the S.O. The checking of any setting out of or of any line or level by the S.O. shall not in any way relieve the Contractor of his responsibility for the correctness thereof and the Contractor shall carefully protect and preserve all things used in the setting-out required for the cvonstruction of the works until the S.O. agrtees that the said things may be abandoned.
19.4 The Contractor shall give to the S.O. without charge such information as may be required by the S.O. to enable him to check the setting-out required for the construction of the Works including interpreting any marks made by the Contractor for the purpose of setting out .
18.0 Insurance of Works
18.1 Taking of Insurance
(a) The Co9ntractor shall in the joint names of the Government and the Contractor insure against loss and damage by fire, lightning, explosion, storm, tempest, flood, ground subsidence, bursting or overflowing of water tanks, appratus or pipes, arcraft and other aerial devices or articles driopped therefrom, riot and civil commotion, all work executed and all unfixed materials and goods, delivered to, placed onj or adjacent to the Works and intended therefore (but excluding temporary buildings, plant, tools and equipment owned or hired by the Contractor or any sub-contractor,m noiminated or otherwise) to the full value thereof (plus any amouint which may be specifically stated in Appendix or elsewhere in the Contract Documents) and shall keep such work, amterials and goods so insured until the completion of the whiole of the Works, notwithstanding any arrangement for Sectional Comletion or Partial. Occupation by the Government under this Contract. Such insurance policy or policies shall provide expressly for payment in the first place tot he Government of any insurance monies due under the policy or policies.
(b) The said insurance with or without an excess clauise as specified in Ap[emndix hereto shall be effected with an insurance company approved by the S.O. and it shall be the duty of the Contractor
to produce to theS.O. thje said poliocy or po9licies and the receipts in respect of the premium paid. Where an excess clause is specified in Appendix, the Contractor shall bear the amount of such excess.
18.2 Default in Insuring
If the Contractor fails to effect or renew such insurance as are necessary under this clause, the Government or the S.O. on its behalf may renew such insurnace and payu the premium in respec t thereof and deduct the amount so expeneded including On-Cost Charges (calculated by applying the Percentage of On-cost charges stated in Appendix to the premiums paid), from any money due or to the Contractor under this Contract, failing which such premium shall be recovered frrom the Performance Bond or as a debt due from the Contractor.
18.3 Payment of Insurance in the Event of any Loss/ Damage
Upon the occurrence of any loss or damage to the Works or unfixed materials or goods prior to the date the Works has been certified as practically completed by the S.O. in the Certificate of Practical Completion, the Contractor shall notwithstanding that settlement of any insurance claim has not been completed, with due filigence restore, replace or repair the same, remove and dispose of any debris and proceed witht he carrying out and compeltion fo the Works. All money if and when received from the insurance under this clause shall be paid in the first place to the Government and then (less any such amounts as are specificaly required in Appensix or elsewhere in the Contract Documents) be released to the Contractor by instalments on the certificate for payment issued by the S.O. , calculated as from the date of receipt of the money in proportion to the extent of the work of restoration, replacement or repair and the removal and disposal of debris previously carried out by the Contractor. The Contractor shall not be entitled to any payment in respect of the work of restoration, replacement or repair and the removal and disposal of debris other than the moneyh received under the said insurance
18.4 Cancellation of Insurance Policy
The Contractor shall ensure that any insurance policy effected hereto shall only be cancelled by the insurer after the expiry of thirty (3)) days from the date of receipt by the government of written notice from the insurer advising of such impending cancellation PROVIDED THAT the Contractor has been issued with the Certificate of Makiing Good Defects in accordance with clause 48.
(a) The Co9ntractor shall in the joint names of the Government and the Contractor insure against loss and damage by fire, lightning, explosion, storm, tempest, flood, ground subsidence, bursting or overflowing of water tanks, appratus or pipes, arcraft and other aerial devices or articles driopped therefrom, riot and civil commotion, all work executed and all unfixed materials and goods, delivered to, placed onj or adjacent to the Works and intended therefore (but excluding temporary buildings, plant, tools and equipment owned or hired by the Contractor or any sub-contractor,m noiminated or otherwise) to the full value thereof (plus any amouint which may be specifically stated in Appendix or elsewhere in the Contract Documents) and shall keep such work, amterials and goods so insured until the completion of the whiole of the Works, notwithstanding any arrangement for Sectional Comletion or Partial. Occupation by the Government under this Contract. Such insurance policy or policies shall provide expressly for payment in the first place tot he Government of any insurance monies due under the policy or policies.
(b) The said insurance with or without an excess clauise as specified in Ap[emndix hereto shall be effected with an insurance company approved by the S.O. and it shall be the duty of the Contractor
to produce to theS.O. thje said poliocy or po9licies and the receipts in respect of the premium paid. Where an excess clause is specified in Appendix, the Contractor shall bear the amount of such excess.
18.2 Default in Insuring
If the Contractor fails to effect or renew such insurance as are necessary under this clause, the Government or the S.O. on its behalf may renew such insurnace and payu the premium in respec t thereof and deduct the amount so expeneded including On-Cost Charges (calculated by applying the Percentage of On-cost charges stated in Appendix to the premiums paid), from any money due or to the Contractor under this Contract, failing which such premium shall be recovered frrom the Performance Bond or as a debt due from the Contractor.
18.3 Payment of Insurance in the Event of any Loss/ Damage
Upon the occurrence of any loss or damage to the Works or unfixed materials or goods prior to the date the Works has been certified as practically completed by the S.O. in the Certificate of Practical Completion, the Contractor shall notwithstanding that settlement of any insurance claim has not been completed, with due filigence restore, replace or repair the same, remove and dispose of any debris and proceed witht he carrying out and compeltion fo the Works. All money if and when received from the insurance under this clause shall be paid in the first place to the Government and then (less any such amounts as are specificaly required in Appensix or elsewhere in the Contract Documents) be released to the Contractor by instalments on the certificate for payment issued by the S.O. , calculated as from the date of receipt of the money in proportion to the extent of the work of restoration, replacement or repair and the removal and disposal of debris previously carried out by the Contractor. The Contractor shall not be entitled to any payment in respect of the work of restoration, replacement or repair and the removal and disposal of debris other than the moneyh received under the said insurance
18.4 Cancellation of Insurance Policy
The Contractor shall ensure that any insurance policy effected hereto shall only be cancelled by the insurer after the expiry of thirty (3)) days from the date of receipt by the government of written notice from the insurer advising of such impending cancellation PROVIDED THAT the Contractor has been issued with the Certificate of Makiing Good Defects in accordance with clause 48.
2013年9月28日星期六
14.0 INDEMNITY IN RESPECT OF PERSONAL INJURIES AND DAMAGE TO PROPERTY
14.1 The Contractor agrees witht he Government that :
(a) it shall perform all of its obligations under this Contract at its own risk and release, to the fullest extent permitted by law, the Government and their agents and servants from all claims and demands of every kind rersulting from any accident, damage, injury or death is caused or contributed to by any act or omission or negligence of the Government or its agenets and servants. The Contractor expressly agrees that in the absence of any such act, omission or negligence as aforesaid the Government shall have no responsibility or liability whatsoever in relation to such accident, damage, injury or death;
(b) it shall indemnify and keep indemnified the Government from and against all actions, suits, claims or demands, proceedings, losses, damages, compensation, costs (including legal cost), charges and expenses whatsoever to which the government shall or may be or become liable in respect of or arising from -
(i) the negligent use, misuse or abuse by the Contractor or its personnel, servants, agents or employees appointed by the Contractor.
(ii) any loss or damage to property or injury of whatsoever nature or kind and howsoever or wherever sustained or caused or contributed to by carryying out of the works by the Contractor to any person and not caused by the negligence or wilful act, default or omission of the Government, its agents or servants; or
(iii) any loss, damage or injury from any cause whatsoever to property or persons affected by thye Works to the extent to which the same is occasioned or contributed to by the act, omission, neglect, breach or default of the Contractor or personnel, servants, agents or employees; and
(c) the obligations under this clause shall continue after the expiry or earlier termination of this Contract in respect of any act, ded, matter or thing happening before such expiratrion or termination of this Contract.
14.2 The Contractor shall indemnify, protect and defend at its own cost and expense, the Government and its agents and servants from and against all actions, claims and liabilities arising out of acts done by the Contractor in the performance of this contract.
15.0 INSURANCE AGAINST PERSONAL INJURIES AND DAMAGE TO PROPERTY
15.1 TAKING OF INSURANCE
(a) Without prejudice to his liability to indemnify the Government under clause 14 hereof, the Contractor shall, as a condition percedent to the commencement of any work undert his Contract, effect and maintain such insurances whether with or without an excess amount as spepcified in Appendix hereto as are necessary to cover the liability of the Contractor and all sub-contractors, whether nominated or otherwise .
(b) Such insurance shall be for the purpose of personal injuries or death, damage or loss to property, movable or immovable, arising out of, or in the course of, or by reason of the execution of the Works and caused any negligence, omission, breach of contract or default of the Contractor or any sub-contractor, whether nominated or otherwise, or of any servants or agents of the Contractor or of any sch sub-contractor, whether nominated or otherwise. Where an excess amount is specified in Appendix, the Contractor shall bear the amount of such excess. The policy of policies of insurance shall contain a cross liability clause indemnifying each of the jointly insured against claims made by on him by the other jointly insured.
(c) Such insurance as referred to under sub-clause (a) hereof shall be effected with an insurance company as approved by the Government and maintained n the joint names of the Government and Contractor and all sub-contractors, whether nominated or otherwise. SUch insurance shall cover from the period of the date of possession of site until the date of issuance of Certificate of Making Good Defect for any claims occassioned by the Contractor or any sub-contractor in the course of any operations carried out by the Contractor or any sub-contractor for the purpose of complying with his obligations under Clause 48 hereof.
15.2 Production of Policies
It shall be the duty of the Contractor to produce and shall deposit the relevant policy or policies of the insurance together with the receipts in respect of premiums paid to the S.O. whether demanded or not.
15.3 Default in insuring
If the Contractor fails to effect or renew such insurances as are required to be effected and maintained under this contract, the Government or the S.O on its behalf may effect or renew such insurance and shall entitled to deduct a sum equivalent to the amount in respect of the premiums paid and on-cost charges (calculated by applying the Percentage for on-cost charges' stated in Appendix hereto to the premiums paid), from any money due or to become due to the Contractor under this Contract or to recover the same from the Performance Bond or as a debt from the Contractor.
15.4 Cancellation of Insurance
(a) The Contractor shall ensure that any insurance policy effected hereto shall only be cancelled by the insurer after the expiry of thirty (30) days from the date of receipt by the Government of a written notice from the insurer advising of such impending cancellation PROVIDED THAT the Contractor has been issued with the Certificate of Making Good Defects in accordance with clause 48.
(b)The Contractor shall not at any time permit or cause to be done any act, matter or thing which may result in any insurance effected by virtue of this Contract being vitated or rendered void or voidable or whereby the rate of the premium on any insurance effected shall be liable to be increased.
15.5 Loss or Damage Occasioned By insured Risk
(c) In the event of any damage or loss occuring during the performance of this Contract, the Contractor shall repair, replace or make good such damage or loss from the amount of insurance claimed, if sufficient, or if insufficient, using his own resources.
(a) it shall perform all of its obligations under this Contract at its own risk and release, to the fullest extent permitted by law, the Government and their agents and servants from all claims and demands of every kind rersulting from any accident, damage, injury or death is caused or contributed to by any act or omission or negligence of the Government or its agenets and servants. The Contractor expressly agrees that in the absence of any such act, omission or negligence as aforesaid the Government shall have no responsibility or liability whatsoever in relation to such accident, damage, injury or death;
(b) it shall indemnify and keep indemnified the Government from and against all actions, suits, claims or demands, proceedings, losses, damages, compensation, costs (including legal cost), charges and expenses whatsoever to which the government shall or may be or become liable in respect of or arising from -
(i) the negligent use, misuse or abuse by the Contractor or its personnel, servants, agents or employees appointed by the Contractor.
(ii) any loss or damage to property or injury of whatsoever nature or kind and howsoever or wherever sustained or caused or contributed to by carryying out of the works by the Contractor to any person and not caused by the negligence or wilful act, default or omission of the Government, its agents or servants; or
(iii) any loss, damage or injury from any cause whatsoever to property or persons affected by thye Works to the extent to which the same is occasioned or contributed to by the act, omission, neglect, breach or default of the Contractor or personnel, servants, agents or employees; and
(c) the obligations under this clause shall continue after the expiry or earlier termination of this Contract in respect of any act, ded, matter or thing happening before such expiratrion or termination of this Contract.
14.2 The Contractor shall indemnify, protect and defend at its own cost and expense, the Government and its agents and servants from and against all actions, claims and liabilities arising out of acts done by the Contractor in the performance of this contract.
15.0 INSURANCE AGAINST PERSONAL INJURIES AND DAMAGE TO PROPERTY
15.1 TAKING OF INSURANCE
(a) Without prejudice to his liability to indemnify the Government under clause 14 hereof, the Contractor shall, as a condition percedent to the commencement of any work undert his Contract, effect and maintain such insurances whether with or without an excess amount as spepcified in Appendix hereto as are necessary to cover the liability of the Contractor and all sub-contractors, whether nominated or otherwise .
(b) Such insurance shall be for the purpose of personal injuries or death, damage or loss to property, movable or immovable, arising out of, or in the course of, or by reason of the execution of the Works and caused any negligence, omission, breach of contract or default of the Contractor or any sub-contractor, whether nominated or otherwise, or of any servants or agents of the Contractor or of any sch sub-contractor, whether nominated or otherwise. Where an excess amount is specified in Appendix, the Contractor shall bear the amount of such excess. The policy of policies of insurance shall contain a cross liability clause indemnifying each of the jointly insured against claims made by on him by the other jointly insured.
(c) Such insurance as referred to under sub-clause (a) hereof shall be effected with an insurance company as approved by the Government and maintained n the joint names of the Government and Contractor and all sub-contractors, whether nominated or otherwise. SUch insurance shall cover from the period of the date of possession of site until the date of issuance of Certificate of Making Good Defect for any claims occassioned by the Contractor or any sub-contractor in the course of any operations carried out by the Contractor or any sub-contractor for the purpose of complying with his obligations under Clause 48 hereof.
15.2 Production of Policies
It shall be the duty of the Contractor to produce and shall deposit the relevant policy or policies of the insurance together with the receipts in respect of premiums paid to the S.O. whether demanded or not.
15.3 Default in insuring
If the Contractor fails to effect or renew such insurances as are required to be effected and maintained under this contract, the Government or the S.O on its behalf may effect or renew such insurance and shall entitled to deduct a sum equivalent to the amount in respect of the premiums paid and on-cost charges (calculated by applying the Percentage for on-cost charges' stated in Appendix hereto to the premiums paid), from any money due or to become due to the Contractor under this Contract or to recover the same from the Performance Bond or as a debt from the Contractor.
15.4 Cancellation of Insurance
(a) The Contractor shall ensure that any insurance policy effected hereto shall only be cancelled by the insurer after the expiry of thirty (30) days from the date of receipt by the Government of a written notice from the insurer advising of such impending cancellation PROVIDED THAT the Contractor has been issued with the Certificate of Making Good Defects in accordance with clause 48.
(b)The Contractor shall not at any time permit or cause to be done any act, matter or thing which may result in any insurance effected by virtue of this Contract being vitated or rendered void or voidable or whereby the rate of the premium on any insurance effected shall be liable to be increased.
15.5 Loss or Damage Occasioned By insured Risk
(c) In the event of any damage or loss occuring during the performance of this Contract, the Contractor shall repair, replace or make good such damage or loss from the amount of insurance claimed, if sufficient, or if insufficient, using his own resources.
13.0 Performance Bond / Performance Guarantee Sum
13.1 (a) The Contractor shall, on the date of the possession of Site, provide a Performance Bond or Performance guarantee Sum as the case mayh be substantially in the form as in Appendix issued by an approved licensed bank or financial institution incorporated in Malaysia in favour of the Government for a sum equivalent to five percent (5%) of the total Contract Sum as specified in Appendix to secure the due performance of the obligations under this Contract by the Contractor. The Performance Bond shall remain valid and effective until twelve (12) months after the expiry of the Defect lIability Period of the issuance of the Certificate of Completion of Making Good Defects, whichever is the later.
(b) If the Contractor fails to sub,mit the said Performance Bond as specified in sub-clause (a) above on the date of posession of site, then the Contractor shall be deemed to have opted for on the date of possession of site, then the Contractor shall be deemed to have opted for Performance Bond in the form of Performance Guarantee Sum as provided for under clause 13.2 hereof.
13.2 The Contractor may opt for a Performance Bond in the form of perfo0rmance Guarantee Sum in lieu of the Bank, Insurance or Finance Company Guarantee as specified in clause 13.1 hereof whereby deductions of ten percent (10%) shall be amde from the first interim payments and subsequent interim payment until the total amount deducted aggregate to sum equivalent to five (5) percent of the Contract Sum. The amount deducted shall be retained by the Government up to twelve (12) months after the expiry of the Defect Liability Period or the issuance of the Certificate of Complatiuon of Making Good Defects, whichever is the later.
13.3 Notwithstanding anything contained in this Contract, the Government shall be entitled at any time to call upon the Performance Bond, wholly or partially, in the event that the Contractor fails to perform or fulfil its obligations under this Contract and such failure is not remedied in accordance with this Contract.
13.4 If a payment is made to the Government pursuant to any claim uner the Performance Bond, the Contractor shall issue to the Government further security in the form of additional performance bond or bonds for an amount not less than the amount so paid to the Government on or prior to the date of such payment so that the total sum of the Performance Bond shall be maintained at all times at the value specified in clause 13.1 (a).
13.5 The Performance Bond ( or any balance thereof remaining for the credit of the Contractor ) may be released or refunded to the Contractor on the completion of making good of all defects, shrinkages or other faults which may appear during the Defects Liability Period and upon the giving of the Certificate of Completion of Making Goood Defects for the whole of the Works under clause 48.
13.6 Notwithstanding the above, in the event that this Contract is terminated under clause 51 hereof the said Performance Bond or any balance thereof shall be forfeited.
(b) If the Contractor fails to sub,mit the said Performance Bond as specified in sub-clause (a) above on the date of posession of site, then the Contractor shall be deemed to have opted for on the date of possession of site, then the Contractor shall be deemed to have opted for Performance Bond in the form of Performance Guarantee Sum as provided for under clause 13.2 hereof.
13.2 The Contractor may opt for a Performance Bond in the form of perfo0rmance Guarantee Sum in lieu of the Bank, Insurance or Finance Company Guarantee as specified in clause 13.1 hereof whereby deductions of ten percent (10%) shall be amde from the first interim payments and subsequent interim payment until the total amount deducted aggregate to sum equivalent to five (5) percent of the Contract Sum. The amount deducted shall be retained by the Government up to twelve (12) months after the expiry of the Defect Liability Period or the issuance of the Certificate of Complatiuon of Making Good Defects, whichever is the later.
13.3 Notwithstanding anything contained in this Contract, the Government shall be entitled at any time to call upon the Performance Bond, wholly or partially, in the event that the Contractor fails to perform or fulfil its obligations under this Contract and such failure is not remedied in accordance with this Contract.
13.4 If a payment is made to the Government pursuant to any claim uner the Performance Bond, the Contractor shall issue to the Government further security in the form of additional performance bond or bonds for an amount not less than the amount so paid to the Government on or prior to the date of such payment so that the total sum of the Performance Bond shall be maintained at all times at the value specified in clause 13.1 (a).
13.5 The Performance Bond ( or any balance thereof remaining for the credit of the Contractor ) may be released or refunded to the Contractor on the completion of making good of all defects, shrinkages or other faults which may appear during the Defects Liability Period and upon the giving of the Certificate of Completion of Making Goood Defects for the whole of the Works under clause 48.
13.6 Notwithstanding the above, in the event that this Contract is terminated under clause 51 hereof the said Performance Bond or any balance thereof shall be forfeited.
2013年9月27日星期五
12.0 programme of works
12.1 Within fourteen (14) days from the receipt of the Letter of Acceptance by the Governmment, the Contractor shall submit to the S.O for his approval
(a) a works programme for the carrying out of the Works (hereinafter referred to as "Work Programme") in such form and details as determined by the S.O. showing the detail activities of the Works so as to enable the Government to monitor the progress thereof and
(b) a general description in writing, of the arrangements and methods of construction which the Contractor proposes to adopt for the carrying out of the Works.
12.2 THe S.O shall within ...... (...) days after receit of the Contractor's programme
(i) approve the Work Programme in writing; or
(ii) reject the Work Programme in writing with reasons and /or request modifications; and/or
(iii) request the Contractor to supply further information to clarify or substantiatew the Work Programme or to satisfy the S.O as to its reasonableness having regard to the Contractor;s obligations under the contract.
PROVIDED THAT if none of the above actions is taken within the said period of ......(....) days the S.O shall be deemed to have approved the Work Programme as submitted .
12.3 The Contractor shall upon receipt from the S.O any request under clause 12.2 (ii) or (iii) resubmit a modified work programme or provide further information as requested.
12.4 If at any time it should appear to the S.O that the actual progress of Works does not confoorm to the approved Work Programme referred to herein before the Contractor shall produce, at the request of the S.O. , a revised work Programme showing the modifications to the approved work programme necessary to ensure completion of the whoile works within the time for comletion provided for in clause 39 hereof or extended time granted pursuant to clause 43 hereof.
12.5 The submission to and approval by the S.O or the S.O's Represe3ntative of such works Programme or the furnishing of such particulars shall not relieve the Contractor of any of his duties or responsibilities under this Contract.
(a) a works programme for the carrying out of the Works (hereinafter referred to as "Work Programme") in such form and details as determined by the S.O. showing the detail activities of the Works so as to enable the Government to monitor the progress thereof and
(b) a general description in writing, of the arrangements and methods of construction which the Contractor proposes to adopt for the carrying out of the Works.
12.2 THe S.O shall within ...... (...) days after receit of the Contractor's programme
(i) approve the Work Programme in writing; or
(ii) reject the Work Programme in writing with reasons and /or request modifications; and/or
(iii) request the Contractor to supply further information to clarify or substantiatew the Work Programme or to satisfy the S.O as to its reasonableness having regard to the Contractor;s obligations under the contract.
PROVIDED THAT if none of the above actions is taken within the said period of ......(....) days the S.O shall be deemed to have approved the Work Programme as submitted .
12.3 The Contractor shall upon receipt from the S.O any request under clause 12.2 (ii) or (iii) resubmit a modified work programme or provide further information as requested.
12.4 If at any time it should appear to the S.O that the actual progress of Works does not confoorm to the approved Work Programme referred to herein before the Contractor shall produce, at the request of the S.O. , a revised work Programme showing the modifications to the approved work programme necessary to ensure completion of the whoile works within the time for comletion provided for in clause 39 hereof or extended time granted pursuant to clause 43 hereof.
12.5 The submission to and approval by the S.O or the S.O's Represe3ntative of such works Programme or the furnishing of such particulars shall not relieve the Contractor of any of his duties or responsibilities under this Contract.
11.0 Inspection of Site
11.1 The Contractor shall be deemed to have inspected and examined the Site and its surroundings and to have satisfied hiself before submitting his tender as to the following :
(a) the nature of the ground and subsoil ;
(b) the form and nature of the Site
(c) the extent and nature of the work, material and goods necessary for the completion of the Works;
(d) the means of communication with and access to the Site
(e) the accommodation he may require; and
(f) in general to have obtained for hijmself all necessary information as to risks, contingencies and all circumstances influencing and affecting his tender.
11.2 Any information or document forwarded by the Government to the Contractor shall not relieve the Contractor of his obligations under the provisions of this clause.
10.0 OBLIGATIONS OF THE CONTRACTOR
The Contractor shall
(a) Construct, complete, test and comission the Works in accordance witht he Specifications, Contract Drawings and any other documents specified in the Contract Documents ;
(b) Perform the Works in a proper manner and in accordance with good management practice and to the best advantage of the Government ;
(c) take all appropriate measures expected of a contractor providing similar works to ensure that the works comply with the requirement sof this contract.
(d) perform the works and discharge it sobligations as contained in this Contract by exercising professional judgment and practice, requisite skill, care and diligence. In performing the Works, the Contractor shall provide well-outlined procedures in the form agreed by the Government for reporting and co-ordination purposes:
(e) at all times perform the Works in such manner as will always safeguard and protect the Government's interest in relation to the works and take all necessary and proper steps to prevent abuse or uneconomical use of facilities,m if any made avaialbe by the Government to the Contractor.
(f) inform the Government immediately in writing of the occurrence of any factor or event, which is likely to affec tthe works. Such notification shall not be construced as a discharge of any of the Contractor's obligations under this Contract;
(g) provide and maintain throuighout the Contract Period such number, categories of qualified and competent personnel necessaryu to perform the Works;
(h) provide and maintain at its own cost and expense all equipment and materials necessary for the proper and effective performance of the Works;
9i）instruct安定苏perviseits三他反复三安定苏不contractor in carrying out the Works repairs and other works in relation to the Works.
(j) make good any defect, imperfection, shrinkage or any other fault whatsoever which may appear during the Defects liability Period; and
(k) carry out any other obligations and responsibilities under this Contract.
(a) Construct, complete, test and comission the Works in accordance witht he Specifications, Contract Drawings and any other documents specified in the Contract Documents ;
(b) Perform the Works in a proper manner and in accordance with good management practice and to the best advantage of the Government ;
(c) take all appropriate measures expected of a contractor providing similar works to ensure that the works comply with the requirement sof this contract.
(d) perform the works and discharge it sobligations as contained in this Contract by exercising professional judgment and practice, requisite skill, care and diligence. In performing the Works, the Contractor shall provide well-outlined procedures in the form agreed by the Government for reporting and co-ordination purposes:
(e) at all times perform the Works in such manner as will always safeguard and protect the Government's interest in relation to the works and take all necessary and proper steps to prevent abuse or uneconomical use of facilities,m if any made avaialbe by the Government to the Contractor.
(f) inform the Government immediately in writing of the occurrence of any factor or event, which is likely to affec tthe works. Such notification shall not be construced as a discharge of any of the Contractor's obligations under this Contract;
(g) provide and maintain throuighout the Contract Period such number, categories of qualified and competent personnel necessaryu to perform the Works;
(h) provide and maintain at its own cost and expense all equipment and materials necessary for the proper and effective performance of the Works;
9i）instruct安定苏perviseits三他反复三安定苏不contractor in carrying out the Works repairs and other works in relation to the Works.
(j) make good any defect, imperfection, shrinkage or any other fault whatsoever which may appear during the Defects liability Period; and
(k) carry out any other obligations and responsibilities under this Contract.
9.0 Representations, warranties and undertakings of the contractor
9.1 Representations and Warranties
The Contractor hereby represents and warrants to the Government that
(a) It is a corporation validity exisitng under the laws of Malaysia
(b)The Contractor has obtained a valid registration with the Construction Industry DEevelopment Board;
(c) It has the corporate power to enter into and perform its obligations uinder this contract and to carry out the transactions and to carry on its business as contemplated by this Contract'.
(d) it has taken all necessary corporate actions to auythorize the entry into and performance of this Contract and to carry out the transactions contemplated by this Contract.
(e) as at the execution date, neither the execution nor performance by it of this Contract nor any tranactions contemplated by this Contract will violate in any respect any provision of -
(i) its memorandum and Articles of Association; or
(ii) any other document or agreement which is binding upon it or its asset
(f) no litigation, arbitration, tax claim, dispute or administrative proceedin g is presently current or pending ort, to its knowledge, threatened, which is likely to have a material adverse effect upon it or its ability to perform its financial or othjer obligations under this Contract;
(g) this Contract constitutes a legal, valid and vinding obligation of the Contractor and is enforceable in accordance with its terms and conditions;
(h) it has necessary financial and technical capabilityu to undetrake the Works.
and the Contractor acknowledges that the Government has entered into this Contract in reliance on its representations and warranties as aforesaid .
9.2
The Contractor undertake that -
(a) it shall comply with all requirem ents, statutory or otherwise, regulating or relating to the conduict, trade , business or profession of a contractor, and the Contractor shall be fully and solely liable for all costs incurred thereby ;
applicable only if the Contractor is company registered under the Companies Act 1965
(b) it shall pay all taxes that may be imposed on the profis made in respect of this Contract in accordance with the applicable laws; and
(c) it shall ensure that all his employees, including non- Malaysian personnel, comply with all relevant laws to which they are subjhect to including paykment of income tax, which in respect thereto the Contractor shall make such deductions from the salaries of his employees as may be lawfully imposed by the relevant authority.
The Contractor hereby represents and warrants to the Government that
(a) It is a corporation validity exisitng under the laws of Malaysia
(b)The Contractor has obtained a valid registration with the Construction Industry DEevelopment Board;
(c) It has the corporate power to enter into and perform its obligations uinder this contract and to carry out the transactions and to carry on its business as contemplated by this Contract'.
(d) it has taken all necessary corporate actions to auythorize the entry into and performance of this Contract and to carry out the transactions contemplated by this Contract.
(e) as at the execution date, neither the execution nor performance by it of this Contract nor any tranactions contemplated by this Contract will violate in any respect any provision of -
(i) its memorandum and Articles of Association; or
(ii) any other document or agreement which is binding upon it or its asset
(f) no litigation, arbitration, tax claim, dispute or administrative proceedin g is presently current or pending ort, to its knowledge, threatened, which is likely to have a material adverse effect upon it or its ability to perform its financial or othjer obligations under this Contract;
(g) this Contract constitutes a legal, valid and vinding obligation of the Contractor and is enforceable in accordance with its terms and conditions;
(h) it has necessary financial and technical capabilityu to undetrake the Works.
and the Contractor acknowledges that the Government has entered into this Contract in reliance on its representations and warranties as aforesaid .
9.2
The Contractor undertake that -
(a) it shall comply with all requirem ents, statutory or otherwise, regulating or relating to the conduict, trade , business or profession of a contractor, and the Contractor shall be fully and solely liable for all costs incurred thereby ;
applicable only if the Contractor is company registered under the Companies Act 1965
(b) it shall pay all taxes that may be imposed on the profis made in respect of this Contract in accordance with the applicable laws; and
(c) it shall ensure that all his employees, including non- Malaysian personnel, comply with all relevant laws to which they are subjhect to including paykment of income tax, which in respect thereto the Contractor shall make such deductions from the salaries of his employees as may be lawfully imposed by the relevant authority.
5.0.'s Instructions
5.1 The S.O may from tiem to time issue further drawings, details and / pr written instructions (all of which are hereafter collectively referred to as "S.O.' instruction's ) in regard to -
(a) the Variation as referred to in clause 24 hereof;
(b) any discrepancy in or between the COntract Documents as referred to in clause 8.2(b) hereof;
(c) the removal from the Site of any mateirlas or goods brought thereon by the Contractor and the substitutions of any other materials or goods therefore;
(d) the removal and / or re-execution of any works executed by the Contractor;
(e) the dismissal from the works of any person metnioned in clause 23.6 hereof employed thereupon;
(f) the openjing up for inspection of any work covered up;
(g) the amending and making good of any defects whatsover under clause 48
(h) any matter which is necessary and incidental to the carrying out and completion of works under this Contract; and
(i) any matter in respect of which the S.O. is expressly emplowered by this Contract to issue instructions.
5.2 All instructions issued by the S.O. shall be in writting. The Contractor shall forthwith comply with all instructions issued to him by the S.O. If such instruction is given orally, the S.O. shall then issue a written instruction within seven (7) days from the date of such oral instruction is given.
5.3 If within seven (7) days after receipt of a written notice from the S.O requiring compliance of an instrtuction and the Contractor does not comply therwitrh, then the S.O. without prejudice to any other rights or remedies available to the Government under this Contract, undertake the work departmentally or employ and pay another Contractor or any other persons to execute any works whatsoever which may be necessary to give effect t such instruction. All costs and expensees incurred in connection with such employment ( including On-Cost Charges), shall be deducted from any money due or to become due tot he Contractor under this contract, and failling whih such deduction shal be recovered from the Performance Bond or as a denbt due from the Contractor.
5.4 The Contractor shall be responsible for all costs and expenses incurred by the Government in carrying out the Works under clause 5.3 and On-Cost Charges ( calculated by applying the Percentage of On-Cost Charges stated in Appendix hereto the amount inccurred). The Government shall be entitled to deduct such costs, expenses and On-Cost charges thereof from any monies or to the Contractor under this Contract or to recover the same from the Performance Bond or as a debt due from the Contractor.
6.0 Scope of Contract
6.1 The Contractor shall upon and subhect to this Contrtact, construct and complete the works using materials, goods and workmanship of the quality and stanjdards therein specified in accordance with best industry practice .
6.2 The Contractor shall also unbdertake any conseuqnetial wortk in relation to the construction and completion of Works on the Site i,e, removal/ diverersion of public sewer, water mains, electrical mains, gas mains and telephone mains and the installation of permanennt connections thereto shall be borne by the Government. The Government shall reimburse the Contractor for such costs by adding it to the Contract Sum PROVIDED THAT such cost have not already been included in the Contract Sum by way of a Provisional Sum or otherwise.
PROVIDED FURTHER any temporary connection shall be obtain by the Contractor with no additional costs tot he Government for purpose of carryuing out their work.
6.3 The Contractor shall also make good any defects, imperfection, shrinkage or any other fault whatsoever which may appear during the Defect Liability Period in accordance with clause 48 hereof.
7.0 Contract Sum
The government hereby covenants to pay the Contractor in consideration of the construction and completion of the works and making good of any defects whatsover to the Works the sum of Ringgit :
-.................................... (RM ..........................) ir such other sum as shall become payable under and at the times and in the manner specified in this Contract.
8.0 Contract Documents
8.1 Custodyu of the Contract Document
(a) The Contract shall be prepared in two (2) original copiues . The original copies of the Contract shall remain in the custody of the S.O. and the Contractor.
(b) Immediately after the execution of this Contract, the S.O. shall furnish to the Contractor without any charge (unless he shall have been previously furbniushed ) with:
(i) Two (2) copies of the Contract Drawings; and
(ii) two (2) copies of the unpriced Bills of Quantities and (if requested by the Contractor) one copy of the priced Bills of Quantities.
(c) The S.O shall, as and when necessary and without charge to the Contractor, furnish him with two(2) copies of such further working drawings or details as are reasonably necessary either to explain and amplify the Contract Drawing or the Specification ( if any) or to enable the Contractor to construct and completer wthe wrosk in accordance with this Contract. PROVIDED THAT nothing contained in the said working drawings or details shall impose any obligation beyond those imposed by the Contract Documents.
(d) The Contractor shall keep one copy of the Vontract Drawings, the Specification (if any), unpriced Bills of Quantities, priced Bills of Quantities (if any) and other like documents referred to in sub-clause (c) hereof on the Site and the S.O. shall at all reasonable times have access to the same.
(e) Upon final payment being made pursuant to the issuance of Final Account and PAyment Certificate under clause 31 , the Contractor shall return to the S.O. all drawings, details, specifications, unpriced copy of Bill of Quantities and priced Bills of Quantities, if any
(f) None of the documents hereinbefore mentioned shall be used by the Contractor for any purpose other than this Contract.
8.2 Sufficiency of Contract Documents
(a) THe Contract Documents are to be takien as mutually explanatory of one another. The Contractor shall provide everything necessary for the proper execution of the Works until its cimpletion according to the truy intent and meaning of the Contract Documents taken together whether the true intent and meaning may or may not be particularly shown or described PROVIDED THAT it can be reasonably inferred therefrom.
(b) If the Contractor shall find any discrepancy in or divergence between any two or more of the Contract documents including a discrepancy or divergence between parts of any one of them, he shall immediately give to the S.O a written notice specifying the discrepancy or divergence and the S.O. shall issue instructions in rtegard thereto PROVCIDED ALWAYS that such discrepancy or divergence shall not vitiate this contract.
(a) the Variation as referred to in clause 24 hereof;
(b) any discrepancy in or between the COntract Documents as referred to in clause 8.2(b) hereof;
(c) the removal from the Site of any mateirlas or goods brought thereon by the Contractor and the substitutions of any other materials or goods therefore;
(d) the removal and / or re-execution of any works executed by the Contractor;
(e) the dismissal from the works of any person metnioned in clause 23.6 hereof employed thereupon;
(f) the openjing up for inspection of any work covered up;
(g) the amending and making good of any defects whatsover under clause 48
(h) any matter which is necessary and incidental to the carrying out and completion of works under this Contract; and
(i) any matter in respect of which the S.O. is expressly emplowered by this Contract to issue instructions.
5.2 All instructions issued by the S.O. shall be in writting. The Contractor shall forthwith comply with all instructions issued to him by the S.O. If such instruction is given orally, the S.O. shall then issue a written instruction within seven (7) days from the date of such oral instruction is given.
5.3 If within seven (7) days after receipt of a written notice from the S.O requiring compliance of an instrtuction and the Contractor does not comply therwitrh, then the S.O. without prejudice to any other rights or remedies available to the Government under this Contract, undertake the work departmentally or employ and pay another Contractor or any other persons to execute any works whatsoever which may be necessary to give effect t such instruction. All costs and expensees incurred in connection with such employment ( including On-Cost Charges), shall be deducted from any money due or to become due tot he Contractor under this contract, and failling whih such deduction shal be recovered from the Performance Bond or as a denbt due from the Contractor.
5.4 The Contractor shall be responsible for all costs and expenses incurred by the Government in carrying out the Works under clause 5.3 and On-Cost Charges ( calculated by applying the Percentage of On-Cost Charges stated in Appendix hereto the amount inccurred). The Government shall be entitled to deduct such costs, expenses and On-Cost charges thereof from any monies or to the Contractor under this Contract or to recover the same from the Performance Bond or as a debt due from the Contractor.
6.0 Scope of Contract
6.1 The Contractor shall upon and subhect to this Contrtact, construct and complete the works using materials, goods and workmanship of the quality and stanjdards therein specified in accordance with best industry practice .
6.2 The Contractor shall also unbdertake any conseuqnetial wortk in relation to the construction and completion of Works on the Site i,e, removal/ diverersion of public sewer, water mains, electrical mains, gas mains and telephone mains and the installation of permanennt connections thereto shall be borne by the Government. The Government shall reimburse the Contractor for such costs by adding it to the Contract Sum PROVIDED THAT such cost have not already been included in the Contract Sum by way of a Provisional Sum or otherwise.
PROVIDED FURTHER any temporary connection shall be obtain by the Contractor with no additional costs tot he Government for purpose of carryuing out their work.
6.3 The Contractor shall also make good any defects, imperfection, shrinkage or any other fault whatsoever which may appear during the Defect Liability Period in accordance with clause 48 hereof.
7.0 Contract Sum
The government hereby covenants to pay the Contractor in consideration of the construction and completion of the works and making good of any defects whatsover to the Works the sum of Ringgit :
-.................................... (RM ..........................) ir such other sum as shall become payable under and at the times and in the manner specified in this Contract.
8.0 Contract Documents
8.1 Custodyu of the Contract Document
(a) The Contract shall be prepared in two (2) original copiues . The original copies of the Contract shall remain in the custody of the S.O. and the Contractor.
(b) Immediately after the execution of this Contract, the S.O. shall furnish to the Contractor without any charge (unless he shall have been previously furbniushed ) with:
(i) Two (2) copies of the Contract Drawings; and
(ii) two (2) copies of the unpriced Bills of Quantities and (if requested by the Contractor) one copy of the priced Bills of Quantities.
(c) The S.O shall, as and when necessary and without charge to the Contractor, furnish him with two(2) copies of such further working drawings or details as are reasonably necessary either to explain and amplify the Contract Drawing or the Specification ( if any) or to enable the Contractor to construct and completer wthe wrosk in accordance with this Contract. PROVIDED THAT nothing contained in the said working drawings or details shall impose any obligation beyond those imposed by the Contract Documents.
(d) The Contractor shall keep one copy of the Vontract Drawings, the Specification (if any), unpriced Bills of Quantities, priced Bills of Quantities (if any) and other like documents referred to in sub-clause (c) hereof on the Site and the S.O. shall at all reasonable times have access to the same.
(e) Upon final payment being made pursuant to the issuance of Final Account and PAyment Certificate under clause 31 , the Contractor shall return to the S.O. all drawings, details, specifications, unpriced copy of Bill of Quantities and priced Bills of Quantities, if any
(f) None of the documents hereinbefore mentioned shall be used by the Contractor for any purpose other than this Contract.
8.2 Sufficiency of Contract Documents
(a) THe Contract Documents are to be takien as mutually explanatory of one another. The Contractor shall provide everything necessary for the proper execution of the Works until its cimpletion according to the truy intent and meaning of the Contract Documents taken together whether the true intent and meaning may or may not be particularly shown or described PROVIDED THAT it can be reasonably inferred therefrom.
(b) If the Contractor shall find any discrepancy in or divergence between any two or more of the Contract documents including a discrepancy or divergence between parts of any one of them, he shall immediately give to the S.O a written notice specifying the discrepancy or divergence and the S.O. shall issue instructions in rtegard thereto PROVCIDED ALWAYS that such discrepancy or divergence shall not vitiate this contract.
3.0 The S.O and S.O
3.1 Duties of S.O and S.O. Representative
The S.O shall be responsible for the overall supervisiona nd direction of the Works. All matters regarding the works shall be dealt with by the Contractor with the S.C.
The S.O shall be responsible for the overall supervisiona nd direction of the Works. All matters regarding the works shall be dealt with by the Contractor with the S.C.
3.2 S.O 's Representative
(a) The S.O. may from time to time appoint such number of S.O's Representative as he deems fit
(b) The S.O's Representative shall be responsible to the S.O and his duties are to watch and supervise the works and to test and examine any materials or goods to be used or workmanship employed in connection with the works .
(a) The S.O Represen tative shall be responsible tot he S.O and his duties are to watch and supervise the Works and to test and examine any materials or goods to be used r workmanship employed in connection with the works
3.3 S.O.'s Authority to Delegate
(a) The S.O may from time to time in writing delegate to the S.O.'s Representative any of the powers and authorities vested in the S.O. as listed in the letter of delegation and shall furnish to the Contractor a copy of all such written delegation of powers and authorities.
(b) Any instruction or approval given by the S.O.'s Representative to the Contractor witrhin the terms of such delegation shall bind the Contractor and the Government as though it had been given by the S.O. Provided THAT faiulure of the S.O.'s Representative to disapprove any work or material shal not prejudice the power of the S.O. thereafter to disapprove such work or materials and to order the pulling down, removal or breaking up thereof.
(c) If the Contractor is not satisfied with any decisiion of the S.O.'s Representative, the Contractor shall refer the matter to the S.O. who shall confirm, reverse or vary the decision of the S.O.'s Representative.
(d) The delegation under this clause shall not preclude the S.O from himself exercising or performing at any tiume any of the delegated powers and duties.
4.0 S.O.'s RIght to Take Action
Notwithstanding any provision in this Contract it is hereby agreed that:
(a) The power of the S.O to issue instruction requiring a variuation under clause 245 shall be subject to the financial limits as set out in Appendix 1 hereto. If the instruction for a variation under clause 245 is more than the financial limits as set out in the Appendix
1, the S.O shall obtain the prior written approval of the relevant authorities of the Government and
(b) the rights to act on behalft of the Government in respect of any matter which arises out of the provisions of clauses 51, 52, 53, 58 and 66 shall be exercised by the Officer Named in Appendix 1:
4.2 The Contractor shall not be entitled to extension of time or any additional cost or expense of whatsoever arising from compliance with this clause 4
订阅：
博文 (Atom)