contract; infra b (s.gobalan)(18.02.15)

MARINA SANCTUARY RESORT SDN BHD

Engineering, Infrastructure & Construction

Contract Document CADANGAN PEMBANGUNAN KOMPREHENSIF PUSAT PENEMPATAN DAN PERANGINAN DI ATAS TANAH KERAJAAN DASAR LAUT DAN LOT 3979, WILAYAH TELOK MUROH, MUKIM LUMUT, DAERAH MANJUNG, PERAK DARUL RIDZUAN

A contract between Marina Sanctuary Resort Sdn. Bhd. (“MSR”)

and S. GOBALAN ENTERPRISE

for

INFRASTRUCTURE WORKS PACKAGE ‘B’; WATER RETICULATION SYSTEM ( FASA 2 – PT.10156 )

Contents: Page No.

Part C1 General

C1.1 Letter of Award 2

C1.2 Notes to Contractor 4

Part C2 Agreements & Contract Data

C2.1 Form of Offer and Acceptance 8

C2.2 Condition of Contract; General Conditions 11

C2.3 Contract Data provided by the Employer 93

C2.4 Contract Data provided by the Contractor 96

Part C3 Pricing Data

C3.1 Pricing Assumptions 97

C3.2 Preambles to All Trades 98

C3.3 Final Summary 113

C3.4 Bill of Quantities 114

Part C4 Scope of Work

C4.1 Works Information 116

Part C5 Site Information

C5.1 Site Information 152

Documentation prepared by: MSR/Contract Department

MARINA SANCTUARY RESORT SDN BHD WATER RETICULATION WORKS

MSR/P3Ph3/Infra-B PAGE 2

C1.1 Letter of Award



C1.2 Note to Contractor 1. EMPLOYMENT OF WORKMEN

The Contractor, in the execution of this Contract, shall only employ Malaysian citizens, permanent residents of Malaysia and/or foreigners with valid work permits.

The Contractor is prohibited from employing illegal foreign workers and shall not allow illegal foreign workers/illegal immigrants to stay in the construction site. The Contractor shall take all necessary measures to remove all illegal foreign workers/illegal immigrants, if any, from the construction site. The Contractor shall comply fully with all the statutory requirements relating to the Employees Provident Fund, Act 1991 (EPF) and the Employees Social Security Act, 1969 (SOCSO) and/or other requirements for all his workmen, The Contractor shall indemnify, hold harmless and keep the Employer indemnified from and against any liabilities and expenses which may be made, brought, instituted or imposed against the Employer or which the Employer may suffer or sustain as a result of any action arising from the Contractor's execution of the Contract.

2. PROVISION OF WORKERS' QUARTERS OFF SITE

The Contractor is not allowed to construct any temporary workers' quarters within the site or any part within the hoarding of the work site.

The Contractor is to provide any temporary workers' accommodation outside the surrounding residential area and site at his own expense.

3. CLEANLINESS OF SITE 3.1 Interior & Exterior Area Of Building Premises

All premises that have been completed shall be cleaned properly and free from stains on walls, ceilings and floors under the Contractor's scope of work. All soil pipes and inspection chambers shall be cleared of any chokage. Otherwise, the Employer shall reserve the right to charge the Contractor at a minimum rate of RM 500.00 per unit for making good all the above work.

3.2 External Area Of The Premises

The Contractor shall clean and clear properly all construction waste generated from the Work including excess earth, sand, aggregates, formworks and bricks etc. From all road reserves, drains, culverts, open space and/or other special reserves predetermined in the whole layout of the site surrounding the building premises without hindering the progress of infrastructure works carried out by other contractors on site.

The Employer shall reserve the right to employ other contractors or workmen to clear these waste generated by the Contractor in the execution of the Contract, if the Contractor fails to do so within a formally written period agreed.by both parties. The Employers shall reserve the right to charge a minimum rate RM 500.00 per day for the above mentioned cleaning work and the amount accumulated will be deducted from any payment which may be due to the Contractor from time to lime.

3.3 Premises As Storage

The Contractor shall clean and clear properly all materials and tools stored at the designated premises without hindering the progress of any other works carried out by other contractors on site.

The Contractor shall be responsible for any defects arising herewith (i.e. scratches on the floor/wall tiles etc.) and/or damaged/defects to the lockset systems, internal furnishings, grille doors and windows due to heavy I rough usage I handling. The Contractor shall provide all necessary plant, materials and labour required or bears all cost of carrying out repairs and make good any defects



found after usage. The defective work mentioned above shall also include damage to timber frames, brick walls or other structural items caused by the Contractor while carrying out the rectification work. Any defective works found not rectified within a period of fourteen (14) days from date of issuance of notice from Superintending Officer or his site representative, the Employer shall reserve the right to appoint another contractor to carry out the works and all cost incurred shall be borne by the Contractor or be deducted from the Contractor’s retention sum with the Employer.

4. INSURANCES 4.1 Insurance On The Works And 3rd Party Liabilities: The Contractor will be required to purchase an

All Risks Insurance policy covering the full value of the works and for the whole project duration and any time extension in respect thereof.

The said All Risks policy shall be affected in the joint names of the Contractor and the Employer through the insurer.

The limit of indemnity against 3rd party liability shall not be less than RM1,000,000.00 any one accident and unlimited during the period of insurance.

4.2 Workmen's Compensation: The Contractor shall also be required to purchase a Workmen's

Compensation insurance policy covering the' Contractors' workers working at the project site. All foreign employees with work permits issued by the Immigration/human Resources Department must be covered by a Foreign Worker's Workmen Compensation Insurance Policy.

The said Workmen's Compensation policy shall be placed with an insurer approved by the Employer covering, inter alia, Compensation per Ordinance and Common Law liability and affected in the joint names of the Contractor and the Employer, and a copy of which shall be lodged with the Employer before commencement of any works at the site. The insurance premium shall then be deducted from any progress payments, which may be due to them.

4.3 The Contractor shall ensure that the Contract is adequately covered by all other relevant insurance

policies other than those mentioned above. The Contractor shall indemnify, hold harmless and keep the Employer indemnified from, instituted or imposed against the Employer or which the Employer may suffer or sustain as a result of any action arising from the Contractor's execution of the Contract. All insurance policies shall be purchased by the Contractor through the Employer and payment for the policies shall be deducted from the Contractor's payment for the Contract.

5. CIDB LEVY

5.1 The Contractor shall comply with Part VIII of the Lembaga Pembangunan lndustri Pembinaan Malaysia Act 1994 and the Constructions Industry (Levy Collection) Regulations 1996, and shall submit a notification on Form CIDB L1/96 to the Lembaga not later than fourteen (14) days after the issuance of the Letter of Acceptance/Letter of Award and/or any document that constitutes acceptance of a contract or works, or not less than fourteen (14) days before the commencement of the works, whichever date is earlier. The Contractor registered with the Lembaga and undertaking construction works above RM500,000.00 are required to pay levy of percentage of the contract sum as required by CIDB.

5.2 Failure to comply with the requirement of Part VIII of the Lembaga Pembangunan lndustri

Pembinaan Malaysia 1994 and Construction Industry (Collection Of Levy) Regulations 1996 shall be an offence and shall on conviction liable to a fine not exceeding RM50,000.00 and action shall be taken on his registration. The Contractor shall indemnify the Employer on all losses, damage, summons and demands arising thereof.



6. OPEN BURNING AT SITE

6.1 The Contractor, his nominated sub-contractors and/or workmen and prohibited from conducting open burning of rubbish, formwork, etc. at the construction site. The Contractor is to arrange for the disposal of these wastes to his own dumping site. All cost incurred from the above (i.e. transport and loading charges) shall be borne by the Contractor.

6.2 The Employer shall reserve the right to employ other contractors or workmen to clear all waste generated by the Contractor in the execution of the Contract, if the Contractor fails to do so within a formally written period agreed by both parties. All cost incurred by the Employer in addition to a service charge of minimum RM1.000.00 per time shall be deducted from any payment which may be due to the Contractor without prior notification.

7. SAFETY MEASURE

7.1 The Contractor shall ensure that his workmen and workmen of his sub-contractors, if any, will take all necessary precautionary measures to avoid any industrial accidents at the construction site during the duration of the execution of the Contract. The Contractor shall indemnify the Employer on any liability, losses, claims, damages, summons and legal proceedings whatsoever arising out of the Contractor’s (including that of his nominated Sub-Contractors) non-compliance of any foregoing Acts, rules and regulations of all Government Authorities

. 8. COMPLIANCE WITH REQUIREMENTS OF OTHER RELEVANT AUTHORITIES

8.1 The Contractor shall comply fully with all regulations, rules, procedures, laws and conditions imposed by relevant authorities relating to the performance of this Contract.

9. PURCHASE OF MATERIALS FROM THE EMPLOYER

9.1 The successful tenderer shall be required to purchase specific building materials from the Employer

at the rate as per attached "Material Price List". However, if the Contractor concerned fails to purchase the materials from the Employer as specified, the Employer shall reserve the right to bill the Contractor the relevant quantities of each materials specified in the list accordingly, without prior notice to the Contractor and subsequently deduct the total amount from any payment which may be due to the Contractor from time to time. The Employer shall also reserve the right to purchase on behalf of the Contractor any building materials specified by the Engineer for use in the assistance of the commencement of rectification works and all cost incurred shall be borne by the Contractor, where the amount will be deducted directly from any payment which may be due to the Contractor from time to time.

10. TERMINATION OF CONTRACT

10.1In addition to the clauses for termination of contract in the Conditions of Contract for Construction (for Building and Engineering Works Designed by The Employer, Edition 1999) contract, the Employer shall reserve the right to terminate the Contract in any of the following events:

10.2that the Contractor has been found employing and/or harboring illegal foreign workers or non-

workers at the construction site and none compliances with the statutory requirements relating to the employment of foreign workers as set out by the Government as described in paragraph no. (1) of these notes.

10.3when the Contractor has repeatedly shown that his work as stipulated in the Scope Of Work is

unsatisfactory of quality even with accumulative reminders issued to the Contractor of not more than 3 times.

10.4When the Contractor has repeatedly shown his failure in adhering to terms and conditions as

stipulated in the Contract/Notes To Tenderer & etc.

10.5All other terms and conditions as set out in the standard condition of contract shall remain unchanged.



11. CONCRETE MIXES

11.1The Contractor shall be required to use ready-mix concrete of the appropriate grade for all reinforced concrete. All ready-mix concrete delivered to site shall be pre-audited by our site representatives’ priors placing of these concrete. The Contractor shall be required to forward to the Employer the delivery notes for the supply of concrete mixes to their site including all results of all cube tests undertaken by the ready-mix concrete supplier at site.

contract; infra b (s.gobalan)(18.02.15)

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