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;
RETICULATION SYSTEM ( FASA 2 PT.10156 )
Contents:

WATER

Page No.

Part C1 General
C1.1 Letter of Award

C1.2 Notes to Contractor

Part C2 Agreements & Contract Data

C2.1 Form of Offer and Acceptance

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

Documentation prepared by: MSR/Contract Department

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C1.1 Letter of Award

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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

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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 Contractors 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.

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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
Contractors (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 nonworkers 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.

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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.

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