LAMPIRAN IVA
CONTRACTUAL AND GENERAL REQUIREMENTS FOR BUILDING PROJECTS
(Contoh bagi projek hotel)
1.0General
All works with respect to investigation, design, construction, maintenance, etc. shall comply with the Government's Requirements.
All designs must optimally satisfy the requirements of visual elegance, functional adequacy, safety, suitability, robustness, ease of maintenance and cost effectiveness.
2.0Scope of Work
The scope of work shall comprise the planning, design, construction, equipping, supervision, testing, and commissioning, all in strict accordance with the Government's Requirements as specified in Parts 1, 2, and 3 of Volume 2 of the Pre-bid Documents. The Works shall include but shall not be limited to the following:-
(i)Site, demolition, foundation and structural works;
(ii)Architectural works including all interior decorations, signages, fittings and fixtures as specified;
(iii)External works (including fencing and gates), road works, landscaping, drainage and sewerage works;
(iv)Mechanical services including fire fighting and prevention services, air-conditioning and ventilation services, hot and cold water services and kitchen facilities;
(v)Electrical services including low tension electrical reticulation and distribution system, internal low tension distribution system and electrical installation, lighting (both internal and external to the hotel buildings), lightning protection system, public address system, emergency lighting, telephone system, master television antenna system and key-actuated central switches;
(vi)Curtains, carpets, bath towels and beds complete with accessories and linen;
Contractual & General Requirements
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(vii)Electrical fixtures and appliances including television sets, water boiling jugs and water heaters;
(viii) Everything else necessary for the satisfactory completion and commissioning of the hotel facilities in accordance with the Government's Requirements as before mentioned.
The Contractor shall provide at his own risk and expense and allow for in his tender price all materials, scaffolding, tools, plant, equipment, professsional services, labour, transport, water, power, lighting, complying with and obtaining detailed planning permission and building regulation approval including the relevant Certificates of Fitness and everything else necessary for the proper execution and completion of the Works.
3.0Contractor’s Consultants
All investigations, designs and construction supervision shall be carried out by qualified and experienced Professionals (Architects, Engineers, Surveyors, Quantity Surveyors etc.) registered with the appropriate Malaysian governing statutory boards for the relevant type of discipline, and the Treasury
The Contractor shall submit a complete list of consultants to be employed for the project stating their job category and their obligations. The Consultants shall be suitably qualified and competent and shall be registered with their respective professional Boards.
The Contractor shall not employ any other professionals (other than those named in his proposal) without the prior consent of the Project Director. The Contractor is also required to retain the said Consultants to provide standing supervision of the Works throughout the Contract Period and they shall not be discharged without the consent of the Project Director. All as-built drawings required for this project shall be certified by registered architects and professional engineers from the said Consultants.
4.0Contractor’s Superintending Personnel
The Contractor shall engage full time on site during the whole duration of the Contract, appropriate number of Professional Engineers registered with the Board of Engineers Malaysia and sub-professional staff for supervising the Works to ensure full compliance with the design and specifications of the Works.
5.0Bumiputera Participation
The Contractor shall engage Bumiputra Contractors or other Bumiputera Organisations to carry out specific portions of the Works on a sub-contract basis and the amount of this participation shall be at least 30% of the the Contract Sum. The Bumiputera Contractors/Organisations shall be from the registered list approved by the Pusat Khidmat Kontraktor or the Ministry of Finance. In this respect the Contractor should indicate clearly how he intends to fulfill this requirement and provide a full list of the portions of the Works to be carried out by Bumiputera Contractors/Organisations.
5.0Materials of Malaysian Origin
5.1The Contractor shall use local goods / materials as listed in the ‘Senarai Bahan / Barangan Buatan Tempatan’ issued by IKRAM QA Services Sdn. Bhd. and/or issued by SIRIM QA Services Sdn. Bhd. whichever is relevant. If the Contractor fails to comply with this requirement, a penalty may be imposed on the Contractor and/or goods / materials not found to be in compliance may be rejected.
5.2 For local goods /materials not listed as aforesaid, such goods / materials may be allowed if prior testing and certification from IKRAM QA Services Sdn. Bhd.or SIRIM QA Services Sdn. Bhd. whichever is relevant has been obtained. Where such testing cannot be carried out by IKRAM QA Services Sdn. Bhd. or SIRIM QA Services Sdn. Bhd. The Contractor may apply, subject to the P.D.’s approval, for testing to be done by another agency.
6.0Government’s Procurement Policy on Imported Goods and Foreign Services
In line with Government’s Procurement Policy On Imported goods and foreign services the Contractor shall deemed to have allowed in his tender all cost and time necessary for full compliance with Clauses 2.9.1 and 9 of the Conditions of the Contract.
For the purpose of compliance with Clause 9 of the Conditions of The Contract: Restriction and Procedure On Use Of Imported Goods, the Contractor whose Tender has been recommended and considered for acceptance will be required to submit to the P.D. to secure the Government’s approval, the list and particulars of any material, plant, equipments, vehicles or other goods which are not locally available and proposed to be imported, prior to the acceptance of his Tender.
For the purpose of compliance with clause 2.9.1 of the Conditions of Contract on the employment of foreign consultants, the Contractor shall submit together with his tender the list and particulars of any foreign consultant whose expertise required for the implementation of the project cannot be obtained locally. The Contractor will be required to replace any proposed foreign consultant not approved by the Government with suitably qualified/experienced local consultants approved by the P.D., before his tender can be considered for acceptance.
7.0Contractor’s Design and Specifications
The Design and Specifications proposed by the Contractor shall not be inferior to those described in the Government's Requirements where applicable.
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8.0Programme of Works and Progress Reports
Works Programme
The Contractor is required to submit to the P.D. a Critical Path based work program for planning, monitoring and control of resources and progress of work.. The Contractor shall
comply with the following
i)provide trained and qualified personnel to maintain and update the programme.
ii)Submit weekly/monthly reports to the P.D. inclusive of all updated data on computer medium i.e. in compact disc format and colour printed hard copies properly labelled and bound. The P.D. may instruct reports to be produced at more frequent intervals.
iii)Monthly reports shall contain shall contain at least four (4) illustrative photographs (5 copies of this report shall contain full-colour progress photographs) at every level of construction for each site and problems encountered. A set of photographic slides / progress video showing the progress and stage of construction of each part of the Works and where possible an overall view of the Works shall also be submitted together with the aforesaid monthly progress report.
The programme shall fulfill the following conditions:
i)The works programme must consist of the three (3) basic elements of planning, milestones, task or activities and relationships.
ii)The works programme will start with a milestone and finish or complete with a milestone.
iii)The commencement and finish date must coincide with the contractual dates.
iv)All tasks and activities must have both predecessor and successor element linked.
v)The contractor can submit either a PERT or GANTT formatted programme.
vi)The relationships approved for use are either finish to start, start-to-start, finish-to-finish and start to finish.
vii)The works programme must be resoursce loaded with machinery and manpower to the quantum that the contractor proposed to carry out the works with. For example General Worker [2] where “General Worker” is the resource type and [2] is the number or quantity proposed.
viii)The works programme must be financially loaded as per the tender items & cost. In the event the tender is of lump sum nature, the contractor will need to disperse their tender cost across the work programmes, task & activities, to values, rationalized and approved by JKR or its authorized representatives.
ix)The works programme must indicate clearly all designated governmental approved holidays and any other holidays they wish to adhere to during the course of the project time. This selected list of holidays must be on the timeline chart display or extractable via the calendar view.
x)The programme must be presented in a Works Breakdown Structure (WBS) format, using codes approved by JKR or its representatives.
xi)The contractor will be required to submit to JKR a soft copy of the works programme in compact disk (CD) format. The CD must be submitted in a completely close case and labeled to show
- Project Name
- Tender Name (if different from Project Name)
- Contractor’s Name & Address
- Reference number (if any)
e.Any other information as per JKR’s instruction, should such need arise
xii)The soft copy will not be saved as Baseline, unless otherwise approved by JKR or its representatives.
Software
The Software aceptable for use in the creation of the works programme is either
a)Microsoft Project 2000 or higher
b)Primavera Project Planner PW3 or higher
In the event the contractor chooses to use selection A or B, they will need to submit a Legal and original copy to JKR or its representatives for use during the duration of the project.
Training
The contractor will need to send two (2) representatives for JKR and two (2) of their Site based representativfes to Project Planning Training within one calendar month from the commencement of the project. The training must include the following minimum content.
JKR or their representatives will select the Trainer or the facility conducting such training and inform the contractor of their choice.
Seminar Contents
a)Planning basics & fundamentals
b)Resource Loading and management
c)Financial Loading
d)Physical & Financial progress chart generation
e)Scheduled and Actual progress monitoring
f)Progress difference in duration and percentage
g)Reports
h)Work Breakdown Structures (WBS)
i)Progress Payment able work programme
Planners or Planning consultants
The contractor will need to employ a Planner or Planning constultant to provide explanation to JKR or its representatives about the works programme during the Technical Meetings until a time where the programme is approved for use. Thereby the need to retain the service of the planner is pending on the need and request from JKR or its representatives.
The Planner will have to be of the following criteria
a)A technical personnel with 5 years working on site experience
b)A tertiary qualification relevant to the works programme creation
JKR or its representative at the time of audit of the planner can request for the Planner’s work portfolio of past projects to justify the planner’s ability.
9.0Contractor's Design Liability for Design, Materials and Workmanship
Notwithstanding the provisions of Clauses 2.2, 2.3.1 and 2.3.2 of the Conditions of Contract, the Contractor is to note that the design (including any further design), supervision, construction and maintenance of the Works are included within the scope of the Contract.
10.0Payment
All payments under the Contract will be made in Malaysia Ringgit and in accordance with Clause 49 of the Conditions of Contract. Payment shall be based on:
a)Payment Schedule *
The Contractor is to submit a proposal for a realistic Interim Payment Schedule for the whole duration of the contract. The Payment Schedule should reflect the proposed programme of works and progress of work and shall be mutually agreed before signing of the Contract.
b)Valuation of Works *
Payments shall be made by the Government based on the P.D’s monthly valuation of the Works properly executed and of any goods or unfixed materials delivered to or adjacent to the Site intended for use or to be incorporated in the Works.
*P.D. to determine method of payment before tender is called and to delete whichever is not applicable.
Contractual & General Requirements
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11.0Materials, Equipment and Machinery
Before the issue of the Certificate of Practical Completion for the whole of the Works under this Contract, the Contractor is required to have satisfied the Project Director by means of a Statutory Declaration made by the Contractor to the effect that all materials and equipment supplied and incorporated into the Works are new and unused and generally are of the best quality with regard to design, manufacture and performance.
All equipment and machinery which are to be installed and incorporated as part of the permanent works shall be manufactured by companies having agents in Malaysia for the subsequent maintenance and repair of the equipment and machinery.supervisory staff shall be employees of the Consultants engaged for the design of the Works. The Contractor shall submit the names of the supervisory staff together with their particulars of employment with the Consultant and their experience to the P. D. for approval before the commencement of the Works.
12.0Quality of Works
In line with the provision of Clause 8 of the Conditions of Contract, the Contractor shall ensure that the quality of the Works as a whole must be maintained and that the Works are carried out in conformity in every respect with the requirements of the Contract. The Contractor shall engage full time on site during the whole duration of the Contract, adequate number of Professional Engineers or other appropriate Professionals registered with the respective Boards in Malaysia and sub-professional staff to provide close supervision of the Works at all times to ensure full compliance with the design and specifications of the Works. The The supervisory staff shall be employees of the Consultants engaged for the design of the Works. The Contractor shall submit the names of the supervisory staff together with their particulars of employment with the Consultant and their experience to the P. D. for approval before the commencement of the Works.
13.0Quality Assurance Plan
13.1Contractor shall submit to the Project Director a properly documented quality assurance plan broadly showing how he proposes to maintain acceptable standards for all aspects of the Works. All work procedures have to follow current JKR ISO 9001.
13.2This general quality assurance plan shall be submitted together with the Contractor’s Proposals at the time stipulated in the Instructions to Tenderers. More detailed quality assurance plans shall be submitted to the P.D. prior to the execution of the Works.
13.3All quality assurance plans submitted by the Contractor to the P.D.shall conform to the relevant standards set out by the International Standards Organisation (ISO-9001) and also the current JKR JKR ISO 9001.
13.4Quality assurance plans submitted shall include the proposed organisation structure of the Contractor’s quality assurance team, procedures and processes for the design, selection and testing of materials, placement, installation, supervision, acceptance, remedying of defects, commissioning and maintenance.
13.5In addition, the Contractor shall submit a monthly quality assurance report to be endorsed by a Professional Engineer incorporating all test results, test certificates, photographs and lab reports relating to the quality of materials and workmanship. The Contractor shall submit to the P.D. a properly documented quality assurance plan broadly showing how he proposes to maintain acceptable standards for all aspects of the Works. All quality records to be submitted in the form of CD and hard copy.
14.0Clearing, Cleaning and Tidying Up Upon Completion
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The Contractor shall gather up and clear away all rubbish as it accumulates during the progress of the Works and leave the site clean and tidy upon completion. The Contractor shall also remove all debris arising from the construction work from the site. Before handing over the Works to the Project Director, the Contractor shall scrub all floors, pavings, staircases, etc., clean out all gutters, gulleys, drains and roof coverings and also clean all glass panes and ensure that all doors and windows close properly.
15.0Compliance with Requirements of Local Authorities
Notwithstanding the provisions of Clause 12.2 of the Condition of Contract, the Contractor is also required to seek the approval of the various relevant authorities concerned with the Works and to submit evidence of such approval to the Project Director.
16.0Temporary Facilities and Services
The Contractor shall provide and maintain the following facilities and services for the entire duration of this Contract.
16.1For the Works
The Contractor shall provide and maintain in good condition all the necessary temporary facilities and services during the duration of the works, to include, but not limited to, the following:
(a)Safe access and temporary roads and crossings to all works
(b)Drainage, removal of surface water and all necessary silt traps etc.
(c)Maintain, repair and reinstate existing roads, culvert and other related services
(d)Project Signboards
(e)Hoarding
(f)Storage
(g)Water and power
(h)Sanitation
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(i)Safety helmets, boots and other safety equipment
(j)First aid kit
(k)Survey instruments
(l)Watching and lighting