DEWAN BANDARAYA KUCHING UTARA

Senarai Semakan Mengemukakan Tender

Panduan Kepada Pentender

Tender Untuk :

Nota:-

KERJA-KERJA MEMBAIKI TEMPAT PEJALAN KAKI DI PUSAT BANDAR, KUCHING (DBKU/CQS/P/29/13)

a. Senarai semakan ini adalah bertujuan bagi menolong Pentender mengemukakan satu Tender yang lengkap dan tanpa sebarang kesilapan. Semua Pentender adalah dinasihatkan supaya menggunakan senarai semakan ini bagi menyemak Tender mereka sebelum menyerahkan Tender masing-masing.

b. Segala usaha telah diambil untuk menyenaraikan perkara-perkara yang lazimnya perlu diambil tindakan oleh seseorang Pentender dalam mengemukakan Tendernya. Walau pun begitu, adalah menjadi tanggungjawab Pentender sepenuhnya bagi menentukan lengkapnya sesuatu Tender yang dikemukakannya itu.

c. Pentender hendaklah menandakan ( ) bagi tindakan yang telah diambil.

Bil.

Perihal Semakan

Tanda ( )

1.0

1.1

1.2

1.3

1.4

1.5

2.0

2.1

Semakan Am

Mencetak dan menjilid kesemua kandungan dalam cakera padat

Memaklum DBKU jika terdapat percanggahan pada dokumen tender (jika ada)

Tidak membuat pindaan/ tambahan pada dokumen tender

Maklumat diisi dengan dakwat tidak mudah luntur.

Pindaan telah dipotong dan ditandatangani (jika ada)

Borang Tender (Form of Tender ) Muka Surat B/1

Para No. 1 : Isi dengan perkataan dan juga amaun tender

Muka Surat B/2 : Borang Tender hendaklah ditandatangani oleh pemilik syarikat bagi Syarikat Perseorangan atau oleh mana-mana rakan kongsi jika Syarikat Perkongsian atau wakil yang diberi kuasa oleh Mesyuarat Lembaga Resolusi bagi Syarikat Sdn. Bhd.

Isi maklumat Pentender, Turunkan Meteri/ Cop Syarikat Pentender.

Bil.	Perihal Semakan	Tindakan/ Catatan
3.0	Surat Akuan Pembida
	Diisi oleh pemilik syaraikat (Syarikat Perseorangan) atau mana-mana rakan kongsi
	(Syarikat Perkongsian) atau wakil yang diberi kuasa oleh Mesyuarat Lembaga Resolusi
	(Syarikat Sdn. Bhd.)
4.0	Summary of Tender
4.1	Semak pengiraan harga bagi setiap item.
4.2	Pastikan bahawa jumlah Summary of Tender di pindah ke Borang Tender.
4.3	Isi Tarikh, Alamat, Nombor Telefon, Nombor I.C, Tandatangan dan Cop Syarikat
	Pentender.
5.0	Schedule of Rates
5.1	Kadar harga diisi mengikut kadar yang munasabah.
5.2	Isi Tarikh, Alamat, Nombor Telefon, Nombor I.C, Tandatangan dan Cop Syarikat
	Pentender.
6.0	Tindakan Atas Lampiran-Lampiran di dalam Dokumen Tender
6.1	Isi Letter from the bank/ Financial Institution on Financial Capacity of the Applicants .
6.2	Isi Details of Tenderer .
6.3	Isi Contractor's Previous Experience .
6.4	Isi Contractor's Present Commitments .

Saya telah membaca Senarai Semak di atas. Saya telah memahami bahawa kegagalan saya untuk mengisi maklumat yang diperlukan dalam ruang-ruang yang disediakan ataupun kegagalan saya mengembalikan dokumen yang lengkap dalam tender ini boleh menyebabkan tender saya ditolak.

Tandatangan Pentender : Nama Pentender :

Cop Pentender :

Tarikh :

DEWAN BANDARAYA KUCHING UTARA

TENDER DOCUMENT FOR

KERJA-KERJA MEMBAIKI TEMPAT PEJALAN KAKI DI PUSAT BANDAR, KUCHING

TENDER NO. : DBKU/CQS/P/29/13

KERJA-KERJA MEMBAIKI TEMPAT PEJALAN KAKI DI PUSAT BANDAR, KUCHING

SECTION	TABLE OF CONTENTS DESCRIPTION		PAGE NO.
SECTION A	Conditions of Tendering		A/1 - A/7
SECTION B	Form of Tender		B/1 – B/2
	Appendix to the Form of Contract
	“Surat Akuan Pembida”
SECTION C	DBKU Form of Contract		1 - 56
	Addendum to DBKU Form of Contract		1 - 4
SECTION D	Standard Specification for Road Works (JKR/SPJ/1988)		SS/1
SECTION E	Supplementary to Standard Specification for Road	Works	E/1 - E/9
	(JKR/SPJ/1988)
SECTION F	Environmental Specification		F/1 – F/8
SECTION G	Traffic Safety Code for Temporary Road Works		G/1 - G/3
SECTION H	Occupational Health and Safety Policy		H/1
SECTION I	Summary of Tender Schedule of Rates		I/1-I/3 I/4-I/5
SECTION J	List Of Drawings		J/1
SECTION K	Attachments:-

• Attachment I

• Attachment II

• Attachment III

• Attachment IV

• Attachment V

• Attachment VI

- Letter From the Bank/ Financial Institution on Financial Capacity of the Applicants

- Details of Tenderer

- Contractor’s Previous Experience

- Contractor’s Present Commitments

- Form of Agreement

- Bank Guarantee Form for Performance Security

Section A – Conditions of Tendering

SECTION A CONDITIONS OF TENDERING

Section A – Conditions of Tendering

CONTENTS

1 Qualification Of Tenderers

2 Tender Documents

3 Clarification Of Documents

4 Addenda

5 Confidentially Of Documents

6 Site Visit Before Submission Of Tender

7 Cost of Tendering

8 Tender Price

9 Tender Submission

10 Documents To Be Lodged With Tender

11 Additional Information

12 Tender Validity Period

13 Acceptance

14 Contract Processing Fee

15 Dispute Resolution

16 Proprietary Items

17 Safety and Health

Section A – Conditions of Tendering

KERJA-KERJA MEMBAIKI TEMPAT PEJALAN KAKI DI PUSAT BANDAR, KUCHING

1 QUALIFICATION OF TENDERERS

Tenderer shall be a Bumiputera Contractor registered with under Unit Pendaftaran Kontraktor (UPK) Class : D or E ; Head : I (Civil Engineering Works) Sub-Head : 1 (General Civil Engineering Works Including Piling) and Lembaga Pembangunan Industri Pembinaan (CIDB) who is legally capable of making a contract, and should be under no disability.

A Contractor must not submit more than one (1) tender in respect of this Contract.

A Contractor’s registration shall be suspended without prejudice to the right of Government of Sarawak to recover damages for any loss incurred, should the Tenderer withdraw his tender after closing date and before a decision has been made, or if he should be a Contractor who is legally incapable of making a contract, or is under any disability, or if he has submitted more than one (1) tender in respect of this work or withdraws his tender after closing date and before a decision has been made. Suspension shall be for two (2) years for the first default, five (5) years for the second default, and permanent suspension for the third default.

The Tenderer shall be a properly registered firm or company and must submit copies of the relevant papers with his tender, pursuant to Clause 10.

2 TENDER DOCUMENTS

(A) The Tender Documents consist of:

Section A - Conditions of Tendering Section B - Form of Tender

Appendix to the Form Of Contract “Surat Akuan Pembida”

Section C - DBKU Form of Contract

Addendum to DBKU Form of Contract

Section D - Standard Specification for Road Works (JKR/SPJ/1988)

Section E - Supplementary to Standard Specification For Road Works (JKR/SPJ/1988)

Section F - Environmental Specification

Section G - Traffic Safety Code for Temporary Road Works Section H- Occupational Health and Safety Policy

Section I - Summary of Tender

Schedule of Rates Section J - List of Drawings Section K - Attachments:-

Attachment I - Letter From the Bank/ Financial Institution On Financial Capacity of the Applicants

Attachment II - Details of Tenderer

Attachment III - Contractor’s Previous Experience Attachment IV - Contractor’s Present Commitments Attachment V - Form of Agreement

Attachment V - Bank Guarantee Form for Performance Security

Section A – Conditions of Tendering

2 TENDER DOCUMENTS (Cont’d)

Each Tenderer shall be issued with one set of the bound Tender Documents upon the payment in

Paybills Malaysia of non-refundable and deemed reasonable tender document fee of RM100.00.

Mutilated or defaced documents will not be accepted.

In the event of any tender being supplied, at his request, with copies of any of the Tender Table Documents, it shall be the sole responsibility of the Tenderer to scrutinize such copies and satisfy himself that they are exact copies of those included in the Tender Table Documents. In the event of any discrepancy discovered between any such copies supplied to Tenderer and those included in the Tender Table Documents it shall be the sole responsibility of the Tenderer to apply to the officer receiving the tender to have such discrepancy rectified before the final date for submission of tender stipulated in the Tender Notice.

Any alterations/addition/omission on the Tender Documents intentionally or unintentionally are prohibited and the submission of Tender Document shall not be evaluated and shall be rejected by DBKU.

3 CLARIFICATION OF DOCUMENTS

Any Tenderer who is not clear as to the actual meaning of any part on the Tender Documents, or has any other enquiries regarding the work required by the Tender Documents, should as soon as possible, but not later than fourteen (14) days before the closing date of the tender, notify the DBKU and request clarification before submitting his tender.

All enquires will be documented and all answers will be circulated to the other Tenderers unless specifically requested by the Tenderer and agreed by the DBKU that it be treated as confidential interpretation of Tender Documents, other than that will only be valid if made by formal Addenda in accordance with Clause 4 below.

4 ADDENDA

Addendum may be issued by DBKU to the Tenderers prior to the Tender Closing Date to clarify the Tender Documents or to effect modification in the Contract of tender terms.

Every Addendum issued will be distributed to each Tenderers and shall be deemed to become part of the Tender Documents. Upon receiving each Addendum, the Tenderers must acknowledge the receipt on the form accompanied with each Addendum. Failure to acknowledge any Addendum may result in the tender being rejected.

In order to afford prospective Tenderers reasonable time in which to take an Addendum into account in preparing their tenders, DBKU may, at its discretion, extend the deadline for the submission of tenders, in-which case all rights and obligations of the DBKU and the Tenderers previously subject to the original date shall thereafter be subject to the new date as extended.

Section A – Conditions of Tendering

5 CONFIDENTIALITY OF DOCUMENTS

The Drawings and all the other Tender Documents provided shall be treated as private and confidential, and shall not be disclosed to any person or reproduced in any form whatsoever except with the prior written consent of DBKU.

6 SITE VISIT BEFORE SUBMISSION OF TENDER

Tenderers are referred to Clause 3 of the Form of Contract, and shall be deemed to have inspected the site of the works, and made any additional investigations necessary to assess and allow for their risks, before submitting their tender.

Tenderers shall make their own interpretations, deductions and conclusions from the information made available and shall accept full responsibility for such interpretations, deductions and conclusions. Tenderers may at their own expense make additional site investigations if they so desire.

The Tenderer and any of his personnel or agents will be granted permission by DBKU to enter upon the site for the purpose of such inspection or investigation, but only upon the express condition that the Tenderer, his personnel or agents, will release and indemnify DBKU and its personnel and agents from and against all liability in respect thereof and will be responsible for personal injury (whether fatal or otherwise), loss of or damage to property and any other loss, damage, costs and expenses however caused, which, but for the exercise of such permission would not have arisen.

7 COST OF TENDERING

The Tenderer shall bear all cost associated with the preparation and submission of his tender and DBKU will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the tendering process.

8 TENDER PRICE

The Tenderer shall state in his tender one (1) total “Lump Sum” for the thorough completion of the Work(s)/Service(s) shown and/or described in, or as may be inferred from, the drawings and/or Specification, and/or which are usually to be found in sound construction practice and are essential for the Works in the Contract, inclusive of all contingencies and liabilities to which he is or may become liable under the Tender Conditions, Form of Contract, Drawings, Specifications and any issued Addenda. Where there is a discrepancy between the amounts in figures and in words, the amount in words will be used/ governed in the assessment of the tender.

Unless otherwise stated, the rate so set on by the tenderer shall be deemed to include the post of all preliminaries, all plant, equipment, labour, materials, supervision, transportation, erection, insurances, overhead, attendance, profit, taxes, duties and everything necessary for the completion of each item of Work(s)/Service(s) in conformity with every aspect of the Form of Contract, Specification and Drawings. All rates in the Schedule of Rates shall be filled in and submitted together with the tender.

The rates so set in shall be subjected to agreement with the Superintending Officer as to the reasonableness and such agreement shall form part of the Contract. The rates entered in the Schedule of Rates shall provide for compliance with all the provision of the Form of Contract, Specification and Drawings.

Quantities, where indicated, are estimated quantities provided for the Tenderers guidance only, and do not form part of the Contract (except for Provisional Quantities, which are governed by Clause 29 of the Form of Contract).

A/3

9 TENDER SUBMISSION

Section A – Conditions of Tendering

Tenders will only be accepted on the Tender Form provided, which must be completed and submitted in a sealed envelope, addressed to:

Pengerusi,

Jawatankuasa Kewangan Dan Tender c/o Bahagian Kontrak Dan Perolehan Tingkat 1, Bangunan DBKU

Dewan Bandaraya Kuching Utara Bukit Siol, Xxxxx Xxxxxxxxx Xxxxx Xxxx, 00000 XXXXXXX

The envelope is to be clearly marked to show the Tender Reference Number, the Title of the Contract tendered for, and is to be delivered by hand or by prepaid post, not later than the Specified Closing Date and Time and placed in the Tender Box located at the Pengerusi, Jawatankuasa Kewangan Dan Tender, c/o Bahagian Kontrak Dan Perolehan, Tingkat 1, Bangunan DBKU, Dewan Bandaraya Kuching Utara, Bukit Siol, Jalan Semariang, Xxxxx Xxxx, 93050 KUCHING.

If a tender is sent by post, it shall be posted early enough to ensure its delivery prior to the time stated in the Form of Tender. Late tenders, or tenders submitted by Facsimile, Telex, or Telegram shall not be acceptable, and will not be considered. Tenders, which are delivered at a place other than the above, shall not be accepted.

Mutilated or defaced Tender Forms may be rejected.

The Form of Tender submitted must be signed by the representative of the tendering company, which had earlier authorized and availed the representative’s specimen signature to Unit Pendaftaran Kontraktor (UPK) during registration. This Form of Tender must also be endorsed with the company’s stamp.

In the event of Joint Venture parties submitting a tender, the Form of Tender must be signed by all the Joint Venture partners, and endorsed by the Joint Venture Company Stamp.

The Form of Tender must be filled in as a Total Lump Sum Price.

Any comments which are desired to be made shall not be placed on any of the Tender Documents but shall take the form of a separate statement as brief as possible and referenced to the items, clauses and pages of the tender document.

No Tender may be modified subsequent to the deadline for submission of tenders. Failure to comply with any of the above conditions will disqualify the tender.

Section A – Conditions of Tendering

10 DOCUMENT TO BE LODGED WITH TENDER

Tenderers shall lodge the following documents with their Tender:

(a) Conditions of Tendering

(b) Form of Tender

(d) “Surat Akuan Pembida”

(e) DBKU Form of Contract

(f) Addendum to DBKU Form of Contract

(g) Standard Specification for Road Works (JKR/SPJ/1988)

(h) Supplementary to Standard Specification for Road Works (JKR/SPJ/1988)

(i) Environmental Specification

(j) Traffic Safety Code for Temporary Road Works

(k) Occupational Health and Safety Policy

(l) Summary of Tender

(m) Schedule of Rates

(n) List of Drawings

(o) Attachments:-

Attachment I - Letter From the Bank/ Financial Institution on Financial Capacity of the Applicants

Attachment II - Details of Tenderer

Attachment III - Contractor’s Previous Experience Attachment IV - Contractor’s Present Commitments Attachment V - Form of Agreement

Attachment VI - Bank Guarantee Form for Performance Security

(p) Certified photocopy of:-

(i) Extract of Business Names Ordinance in the case of Sole Proprietor/Firm and;

(ii) Forms 24 and 49 in the case of limited company, with details of the names of shareholders, addresses, Identity Card Number and percentage share composition.

Failure to include the above documents may disqualify the tender.

Tenderers shall fill in “Surat Akuan Pembida” when submitting the document.

The tender submission, including all the accompanying documents, must be firmly and functionally intact – preferably in one piece. DBKU will not accept any responsibility for the loss or misplacement of loose documents.

11 ADDITIONAL INFORMATION

Notwithstanding any other requirements of the Tender Documents, DBKU may require a Tenderer to submit additional information to allow further consideration of his tender before any tender is accepted.

Should the Tenderer fail to submit any of the information so required by the time stipulated by DBKU, the tender may be rejected.

12 TENDER VALIDITY PERIOD

Tenders shall remain valid for a period of 90 days from the expiration of the date of closing tenders.

Tenderers may refer to DBKU’s website on the results of successful tenderer and unsuccessful tenderer within validity period or extended validity period (if any).

Section A – Conditions of Tendering

13 ACCEPTANCE

DBKU does not bind itself to accept the lowest or any tender, nor to assign any reason for the rejection of any tender.

A tender shall not be deemed to have been accepted unless and until notice in writing of such acceptance is handed to the Tenderers or is sent by prepaid post or is left at the address stated in the Tender Form for the servicing of notices.

The Contractor whose tender is accepted shall, when required, enter into a formal contract with DBKU for the due execution of the work.

14 CONTRACT PROCESSING FEE

The Successful tenderer shall pay Contract Agreement Processing Fee to DBKU according to the following scale:

Contract Value Scale/amount of processing fee

RM100,000.00 and below RM100.00

RM100,001.00 to RM600,000.00 RM100.00 + 0.25% of the contract value exceeding

RM100,000.00

RM600,001.00 to RM1,100,000.00 RM1,350.00 + 0.20% of the contract value exceeding

RM600,000.00

RM1,100,001.00 to RM5,000.000.00 RM2,350.00 + 0.15% of the contract value exceeding

RM1,100,000.00

RM5,000,001 and above RM10,000.00

15 DISPUTE RESOLUTION

Should any dispute arise during the tender assessment period, DBKU’s Director, shall be the sole arbiter on such matters and his decision shall be binding on all parties, and the submission of a tender will be deemed to be sufficient acknowledgement and agreement by the Tenderers of this.

16 PROPRIETARY ITEMS

When trade or proprietary names, brands, catalogue or reference numbers are specified in the Tender Documents, they are intended to set a minimum standard and preference for any particular materials or equipment is not intended. A successful Tenderers may offer materials or equipment of similar characteristics of type, qualify, appearance, finish, method of construction and performance.

Section A – Conditions of Tendering

17 SAFETY AND HEALTH

It is Government’s policy and commitment to execute all its individual activities with due care and protection for the environment and works in such a manner that all its employees, contractors and general public are always safe and free from harm. All works as conducted should be in full compliance with the regulatory requirements in safety health and environment. In this respect, the Contractor shall at all times during the execution of the works comply with specific requirement, as follows :-

(a) Factories and Machinery Act, 1967;

(b) The Factories and Machinery (Building Operations and Works of Engineering Construction) (Safety Regulations 1986);

(d) All other relevant safety-at-work requirements imposed by law including any subsequent amendments to or re-enactment of the said law, and

(e) Any directive or order by the relevant authorities and/or the Engineer relating safety requirements;

hereinafter collectively referred to as the “Safety Requirements”.

As such the Tenderer is to include in his Tender all incidentals, costs and expenses that he may incur in complying. He is to indemnify DBKU against any penalties, fees or charges legally demandable under such ordinance, regulations or by laws in respect of the works.

Section “B” – Form of Tender

SECTION B FORM OF TENDER

SHORT DESCRIPTION OF WORKS:

Section “B” – Form of Tender

Title : KERJA-KERJA MEMBAIKI TEMPAT PEJALAN KAKI DI PUSAT BANDAR, KUCHING

Tender No. : DBKU/CQS/P/29/13 Pengerusi,

Jawatankuasa Kewangan Dan Tender, DBKU

c/o Bahagian Kontrak & Perolehan Tingkat 1, Bangunan DBKU Dewan Bandaraya Kuching Utara Bukit Siol, Jalan Semariang

Xxxxx Xxxx, 93050 KUCHING

Tuan,

Having visited the site, examined the Drawings, Conditions of Tendering, the DBKU Form of Contract including Addendum, Specifications for the abovementioned works, we offer to execute and complete the whole of the said works in conformity therewith for the sum of

Ringgit Malaysia: …………………………………………………………………………………………

…………………………………………..……..… (in words) (RM [in figure])

(which includes the Provisional or Prime Cost Sums referred to in the above documents) or such other sum as may be ascertained In accordance with the specified Contract Conditions.

2. We agree that in the event of acceptance of this tender, to deposit so soon as practicable after the receipt of the Letter of Acceptance but before commencement of the Works, the followings:-

a. Performance Security amounting to Five percent (5%) of the Contract Sum for a period of

Twenty Eight (28) months;

b. Insurance Policy for Contractor All Risks including Public Liability or the Cover Notes together with receipts of premium paid in respect thereof for a period Twenty Three (23) months;

c. Insurance Policy for Workmen’s Compensation or the Cover Notes together with receipts of premium paid in respect thereof for a period Twenty Three (23) months;

d. Any other insurances when necessary for this purpose; and

e. All insurance policies shall be purchased through Dewan Bandaraya Kuching Utara appointed insurance consultant.

3. We undertake to complete and deliver the whole works comprised in the Contract within the time stated in the Appendix to the Form of Contract overleaf.

4. We hereby agree that this Form of Tender together with the Letter of Acceptance of Tender (if any) shall constitute a binding contract between us notwithstanding that a formal Contract Agreement has not been executed.

FOR OFFICE USE ONLY Quotation/Tender Opening Committee
Date :
Time :
Serial No :

Section “B” – Form of Tender

Title : KERJA-KERJA MEMBAIKI TEMPAT PEJALAN KAKI DI PUSAT BANDAR, KUCHING

Tender No. : DBKU/CQS/P/29/13

5. We also agree that;

a. if this tender is withdrawn before the expiry of the Tender Validity Period or any extended period hereof, or

b. if we impose any additional terms, condition or stipulation to the Tender after the final date fixed for submission of Tenders, or

c. in the event that tender having been accepted, we refuse and fail to execute the formal Contract Agreement or fail to proceed with the Works;

then, in any of such event, without prejudice to any other right it may possess, the Government reserves the rights to take disciplinary action against us. Suspension shall be for two (2) years for first default, five (5) years for the second default, and permanent suspension for the third default.

6. We understand that you are not bound to accept the lowest or any tender you may receive, nor to assign any reason for the rejection of any tender.

We are, Gentlemen, Yours faithfully,
Signature :	……………………………………………………………………
Name Of Signatory :	……………………………………………………………………
I.C. No. :	……………………………………………………………………
Name Of Company :	……………………………………………………………………
Company Stamp :	……………………………………………………………………
Address :	……………………………………………………………………
:	……………………………………………………………………
:	……………………………………………………………………

Tel No. : ……………………………… Fax No.: ………………………

E-mail Address : …………………………………………………………………..

Date : …………………………………………………………………………

Paying Bank And Account No. : ………………………………………………………

UPK Certificate Registration No. : …………………………………………………….

Receipt No : …………………………………………………………………………

For Document Fee : RM 100.00

Tender Close at : 12.00 Noon on 17th September, 2013

SECTION B

APPENDIX TO

THE FORM OF CONTRACT

Appendix to the Form of Contract

Clause

8.1 Bill of Quantities Applicable/Not-applicable

8.2 Drawings and Specifications Applicable/~~Not-applicable~~

11.4 Officers(s) empowered to take action on behalf of the Employer in respect of:

Clause 26, 27 Pengarah

Clause 42, 43, 44 Pengarah

25.2(a) (i) Percentage of Professional Fees (if Applicable)

- .

(ii) Removal of debris (if applicable) RM - .

(iii) Materials/equipments supplied by the Employer (if applicable)

25.2(b) Minimum Insurance Cover for:

RM - .

(i) any one accident RM 150,000.00

(ii) any one period Unlimited

33.1 Period of Interim Certificates Monthly

33.1 Minimum amount in Interim Certificate RM 1,000.00

33.2 Officer(s) empowered to certify and approve Timbalan Pengarah (Jabatan

Perkhidmatan Infrastruktur)

34 Time for Completion Five (5) months

35.1 Sectional Completion (if applicable)

Identification of Sections or Parts	Time for Completion (Clause 34)	Liquidated and Ascertained Damages (Clause 40)
Xxx	Xxx	Xxx

37.1	Defects Liability Period	Eighteen (18) months
37.5	Defects Liability Period for Remedial Works	- .
38.1	Limit of Retention Money	Applicable/Not-applicable
40.1	Liquidated and Ascertained Damages	At the rate of Ringgit Malaysia Nine Hundred Fifty Only

45 Officer(s) empowered to terminate the Contract

(RM950.00) per week or part thereof

Pengarah

SECTION B SURAT AKUAN PEMBIDA

SURAT AKUAN PEMBIDA

Bagi

Title : KERJA-KERJA MEMBAIKI TEMPAT PEJALAN KAKI DI PUSAT BANDAR, KUCHING

Tender No. : DBKU/CQS/P/29/13

Xxxx, ……………………………………… nombor K.P. ………………… yang mewakili

…………………………………………… nombor Pendaftaran ………………………………………

dengan ini mengisytiharkan bahawa saya atau mana-mana individu yang mewakili syarikat ini tidak akan menawar atau memberi rasuah kepada mana-mana individu dalam Dewan Bandaraya Kuching Utara atau mana-mana individu lain, sebagai sogokan untuk dipilih dalam tender seperti diatas. Bersama-sama ini dilampirkan Surat Perwakilan Kuasa bagi saya mewakili syarikat seperti tercatat diatas untuk membuat pengisytiharan ini.

2. Sekiranya saya atau mana-mana individu yang mewakili syarikat ini didapati bersalah menawar atau memberi rasuah kepada mana-mana individu dalam Dewan Bandaraya Kuching Utara atau mana-mana individu lain sebagai sogokan untuk dipilih dalam tender seperti diatas, maka saya sebagai wakil syarikat bersetuju tindakan-tindakan berikut diambil:

2.1 penarikan balik tawaran kontrak bagi tender diatas; atau

2.2 penamatan kontrak bagi tender diatas; dan

2.3 lain-lain tindakan tatatertib mengikut peraturan perolehan Kerajaan.

3. Sekiranya terdapat mana-mana individu cuba meminta rasuah daripada saya atau mana-mana individu yang berkaitan dengan syarikat ini sebagai sogokan untuk dipilih dalam tender seperti diatas, maka saya berjanji akan dengan segera melaporkan perbuatan tersebut kepada pejabat Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) atau balai polis yang berhampiran.

Xxxx Xxxxx,

……………………………… Nama:

K.P:

Cop Syarikat

SECTION C

DBKU FORM OF CONTRACT

SECTION C

ADDENDUM TO FORM OF CONTRACT

Addendum to Form of Contract

This Addendum shall be read and construed with DBKU’S Form of Contract (hereinafter referred to as the said “Form of Contract”). In so far as any of the said Addendum may conflict or be inconsistent with any of the Form of Contract, the Addendum shall prevail.

1. Addendum to definitions under Clause 1 of the Definition of Terms

1.1 Sub‐Clause 1.1

The word “Employer” shall be deleted and substituted with the followings:‐

“DBKU” means the Commission of the City of Kuching North or in Bahasa Malaysia “Dewan Bandaraya Kuching Utara” established under Section 4 of the City of Kuching North Ordinance, 1988, who for the purpose of this Contract is the Director of DBKU.

1.2 Sub‐Clause 1.1

The words “Schedule of Rates” shall be deleted and substituted with the following new words:‐

“Schedule of Rates” means the schedule comprising items and rates of works as stated in the Contract Documents.

1.3 Sub‐Clause 1.1

The words “Superintending Officer” shall be deleted and substituted with the following new words:‐

“Superintending Officer” means the person indicated by name or by office in the letter accepting the tender and his successor in office or any person from time to time appointed in writing by the Director.

1.4 New Definition – “Director”

There shall be added immediately after the definition “Drawings” in Clause 1, sub‐clause 1.1 the following new definition “Director” which shall be read as follows:‐

“Director” means the Director of DBKU appointed under section 8(1) of the City of Kuching North Ordinance, 1988 who shall carry out the obligations and exercise the rights and due performance of this Contract.

2. Quality Assurance and Quality Control

The whole of this sub‐clause 7.1 is deleted.

3. Performance Security

Addendum to Form of Contract

Delete Sub Clause 10.1 and replace by the following:‐

The Contractor shall at his own expense provide a Performance Security amounting to five (5) percent of the original Contract Sum for the due performance of the Contract. The Performance Security shall be in either of the following forms:

(a) a bond with a licensed bank acceptable to the Employer and shall be in the form and terms approved by the Employer; or

(b) a cash deposit.

Delete Sub Clause 10.4 and replace by the following:‐

For the avoidance of doubt, nothing contained in the Contract Documents and Clause 35 hereof shall entitle the Contractor to the release of the whole or any part of the Performance Security deposited by him. The Performance Security shall be released only upon the issue of the Final Certificate.

If the Performance Security is in a form of cash deposit the Contractor shall submit his claims for the release of the Performance Security deposited by him together with original receipt within twelve (12) months after they have become due and payable. Cash deposit which remain unclaimed after a period not less than twelve (12) months after they have become payable shall be paid to the Federal Consolidated Trust Account under Section 11 of the Unclaimed Moneys Act, 1965.

4. Limitation of Superintending Officer’s Powers

Clause 11.4(a) is deleted and replaced by the following:‐ Notwithstanding any provision in this Contract, it is hereby agreed that:

(a) The Superintending Officer shall seek and obtain the prior approval of the Employer and give due consideration thereto, before exercising any of his functions or conveying any decisions to the Contractor, where such effect the Employer, and that he shall seek and obtain the prior approval of the Employer in respect of the functions listed below:

Description of Function/Decision/Action	Clause
• Nominated Sub Contractors and Nominated Suppliers	26,27
• Claims, Disputes and Dispute Resolution	42,43
• Initiate Determination of Contract	44

Addendum to Form of Contract

5. Other Requirement

Sub‐Clause 25.5 of Clause 25 is amended by inserting immediately after para (c) the following new sub‐clause (d):

“(d) All insurance policies shall be purchased through Dewan Bandaraya Kuching Utara appointed insurance consultant”.

6. Retention Money

It is agreed that the below shall replace the stated clause in the Form of Contract and to be read as if it were part of the Form of Contract:

“Clause 38 Retention Money

The whole of this clause is deleted”

7. Fluctuation of Price

Clause 48 is hereby deleted and replaced with the followings:‐

“This Contract shall not be subject to adjustment either upwards or downwards due to movements in cost of materials or labour or any other matters affecting the cost of execution of the works”

8. Page 3, First line of para for Clause 2.4 Substitute the word “of” with the word “on”

9. Page 8, Clause 7.7(c)

Substitute the word “Clause 7.8(b) with the word “Clause 7.7(b)”

10. Page 9, first line of the page, Clause 7.8(c)

Substitute the word “Clause 7.9(a) with the word “Clause 7.8(a)”

11. Bribery

Insert new Clause after Clause 49 Clause 50 – Bribery

(a) Any act or attempt to corruptly offer or give, solicit or receive any gratification to and from any person in connection with this procurement is a criminal offence under the Anti‐Corruption Act 1997.

Addendum to Form of Contract

(b) If any person offers or gives any gratification to any members of the public service, the latter shall at the earliest opportunity thereafter lodge a report at the nearest office of the Anti‐Corruption Agency or police station. Failure to do so is an offence under the Anti‐Corruption Act 1997.

(c) Without prejudice to any other actions, disciplinary action against a member of the public service and blacklisting of the contractor or supplier may be taken if the parties are involved with any act of corruption under the Anti‐Corruption Act 1997.

(d) Any contractor or supplier who makes a claim for payment in relation to this procurement although no work was carried out or no goods were supplied or no services rendered in accordance with the specifications and any member of the public service who certifies the claim commits an offence under the Anti‐Corruption Act 1997.

12. Termination On Corruption, Unlawful Or Illegal Activities

(a) Without prejudice to any other rights of the Government and/or DBKU, if the Government and/or DBKU is satisfied that the Contractor or Supplier, its personnel, servants, agents or employees is or are involved in corruption or unlawful or illegal activities in relation to this Agreement or any other agreement that the company may have with the Government and/or DBKU, the Government and/or DBKU shall be entitled to terminate this Agreement at any time, by giving immediate written notice to that effect to the Contractor or Supplier.

(b) Upon such termination, the Government and/or DBKU shall be entitled to all losses, costs, damages and expenses (including any incidental costs and expenses) incurred by the Government and/or DBKU arising from such termination.

SECTION D

STANDARD SPECIFICATION FOR ROAD WORKS (JKR/SPJ/1988)

Section E – Supplementary To Standard Specification For Road Works (JKR/SPJ/1988)

SECTION E

SUPPLEMENTARY TO STANDARD SPECIFICATION FOR ROAD WORKS (JKR/SPJ/1988)

Section E – Supplementary To Standard Specification For Road Works (JKR/SPJ/1988)

KERJA-KERJA MEMBAIKI TEMPAT PEJALAN KAKI DI PUSAT BANDAR, KUCHING

Preliminaries & General

1. General

Tenderers must visit the site to ascertain the local conditions and no claim will be entertained on the ground of lack of knowledge of the area and its surrounding.

2. Contract Documents

The following documents shall form part of the contract:-

(a) Conditions of Tendering

(b) Form of Tender

(d) Surat Akuan Pembida

(e) Addendum to DBKU Form of Contract

(f) Standard Specification for Road Works (JKR/SPJ/1988)

(g) Supplementary to Standard Specification For Road Works (JKR/SPJ/1988)

(h) Environmental Specification

(i) Traffic Safety Code for Temporary Road Works

(j) Occupational Health and Safety Policy

(k) Summary Tender

(l) Schedule of Rates

(m) List of Drawings (DBKU/BP/2013/8 Sheet 1/4 – Sheet 4/4)

(n) Letter From the Bank/ Financial Institution on Financial Capacity of the Applicants

(o) Details of Tenderer

(p) Contractor’s Previous Experience

(q) Contractor’s Present Commitments

(r) Form of Agreement

(s) Bank Guarantee Form for Performance Security

3. Discrepancies

Should the Specifications or drawings not agree or unintelligible to the Contractor or if the materials, or workmanship be considered as insufficiently described the Contractor must ascertain the exact requirements from the Superintending Officer (particularly before tendering) as no allowance will be made later for any alleged discrepancies or deficiency of description.

4. Completion Time

The Contractor must complete perfectly the whole works within Five (5) months from the official commencement date. If the time taken to complete the works exceeds the contract completion period, the Contractor shall pay a sum of Ringgit Malaysia : Nine Hundred Fifty Only (RM950.00) per week or part thereof as liquidated and ascertained damages, subject to any extension of time granted by the Superintending Officer.

Section E – Supplementary To Standard Specification For Road Works (JKR/SPJ/1988)

Preliminaries & General (Cont’d)

5. Entirely of Contract

Any matters of construction and workmanship which are fairly and obviously intended but which may not be definitely referred to in the specification or drawings and which are usual in sound construction practice and essential to the works are considered as included in the contract.

6. Damages To Services

The Contractor shall make all necessary enquires to ascertain the position of the underground and exposed services such as water pipelines, drains, telephone and electric cables etc. Care is to be taken to avoid damages to all services. The Contractor is to be responsible for the cost of repair and make good to any damages.

All pipes, ducts, cables, mains and other services exposed during excavations shall be effectively supported by timber or other means.

7. Damages To Properties

The Contractor must take extra care to avoid damage to all boundary fences, hedges, slabs, drains, walls, roads ornamental trees, bushes, turf, and flowers and all types of structures and landscape during the execution of the work and shall indemnify DBKU against any claims arising from such damage caused as a result of his operations or after the completion of works.

8. Insurance

The following insurances are required to be taken up by the Contractor for the works:-

(a) Workmen’s Compensation Insurance.

(b) Insurance for the full contract value of the works against damage by all possible risks including Public Liability Insurance (Contractors All Risks).

The Contractor shall comply with all advice, recommendations and instructions of Dewan Bandaraya Kuching Utara appointed Insurance Consultant for the project. Such advice, recommendations and instructions shall include all matters pertaining to the terms and conditions of insurance and the extent of insurance coverage for the contract.

Section E – Supplementary To Standard Specification For Road Works (JKR/SPJ/1988)

Preliminaries & General (Cont’d)

8. Insurance (Cont’d)

The Contractor shall deposit with the Superintending Officer the policies and the receipts for the premiums paid for such insurance. In case of failure by the Contractor to effect or renew such insurances and pay the premium in respect of the Contract, the Superintending Officer may and will deduct the amount so expended from any money due to or to become due to the Contractor.

The Policy for (b) above shall state specifically that damages resulting from flood or due to negligence of the Contractor is an occurrence to be covered by the policy.

9. Delay and Extensions of Time

Extension of time shall be considered in accordance with Clause 41 of the DBKU Form of Contract.

10. Dimensions

Written dimensions are to be preferred in all cases to scaled dimensions. Where written dimensions may be omitted, confirmation of scaled dimensions must be obtained from the Superintending Officer or his representatives.

11. Contractor To Provide Everything

All in accordance with Clause 1.6 of the Standard Specification for Road Works

12. Defect Liability Period

The Defect Liability Period shall be Eighteen (18) months commencing on the date of certified practical completion of the works.

13. Lump Sum Contract

This is a lump sum contract. Any variation as instructed by the Superintending Officer by writing will be adjusted according to the tendered rates in the Schedule of Rates.

When information is not available in this specification, the Contractor shall refer to the drawing for details.

Where works are ordered to be performed by the contractor but such works are not specified in the Specification or drawings but are obviously intended and are essential to the works in the contract, the Contractor must nevertheless carry them out with full diligence and experience as are to be expected of him as a good Contractor.

14. Method Of Payment

This is a lump sum contract with interim payment.

Section E – Supplementary To Standard Specification For Road Works (JKR/SPJ/1988)

Preliminaries & General (Cont’d)

15. Tidying Up Work Site

During the construction and upon completion of the works, the Contractor shall clear all debris, rubbish, unused materials etc from the site and leave the work site and its immediate surroundings clean and tidy.

16. Traffic

In addition to Clauses 24 of the Form Of Contract, the Contractor shall ensure that the works will be executed in such a manner as to cause minimum interference to the road traffic and minimum inconvenience to the public.

No construction plant or material should be placed on the road carriageway.

17. Setting Out

The Contractor shall be responsible for all setting out of the works for construction purpose and shall thereof provide or engaged a qualified surveyor and all necessary survey equipment for setting out pegs for these purposes.

The Contractor shall be wholly responsible for the preservation of the boundary pegs likely to be affected by the works. In the event of damage to the boundary belian peg, the Superintending Officer must be notified immediately and the cost of establishment of the pegs shall be borne by the Contractor.

18. Definition of Terms

The following terms as used in the Contract Documents, shall have the meanings herein under assigned.

“Employer” means the Commission of the City of Kuching North or in Bahasa Malaysia “Dewan Bandaraya Kuching Utara” established under Section 4 of the City of Kuching North Ordinance, 1988, who for the purpose of this Contract is the Director of DBKU.

“Contractor” means the person, persons or firm contracting for these works whose tender has been accepted by the Employer including his or their heir, executors or administrators.

“Site” means the land or other places or under in or through which the works are to be executed and any other land or places provided by the Employer for the purposes of this Contract

“Works” means the whole of the materials, labour, plant and other things necessary and requisite for the proper execution of the contract as shown on the drawings and in the contract documents and as are required of the main contractor to complete the Contract.

“Approved” means approved and/or selected by the Superintending Officer or his authorized representative.

“As Directed” means as directed by the Superintending Officer or his authorized representative.

Section E – Supplementary To Standard Specification For Road Works (JKR/SPJ/1988)

Preliminaries & General (Cont’d)

“Instructed” means instructed by means of drawings, correspondence or other documents issued by the Superintending Officer.

“As Required” means as required in this contract documents or as required to carry out the works in accordance with the drawings and contract documents.

“As Shown” means as shown in the drawings. “Month” means calendar month.

“Satisfactory” means to the satisfaction of the Superintending Officer.

“Manufacturers Instruction” means all instruction, recommendations and advice issued by the Manufacturer or their agents.

“Provisional” or “All Provisional” means “Provisional Quantities” and may be varied at the discretion of the Superintending Officer where circumstances rendered it necessary and the contractor will have no claim whatsoever for allowance of profit in respect of the work so varied or omitted completely.

Whenever the word “Allow” occurs in these tender, the cost of the item shall be entirely at the risk of the contractor.

19. Performance Security

The Contractor is to enter a contract and a Performance Security amounting to five (5) percent of the contract sum.

20. Safety of Persons On Site

The Contractor shall comply with the relevant a its or status of parliament, regulations, etc relating to the safety of persons of about the site. He shall provide and maintain all the danger plates, traffic construction sign Boards and all other necessary signs and notice which are required by the Superintending Officer.

21. Store/Shed

No store/shed is allowed within road reserve. No accommodation is allowed on site.

22. Works Programme And Work Safety Plan

The Contractor is required to supply three (3) copies of his detailed Works Programme and Work Safety Plan to the Superintending Officer at the start of the job for his approval. On receipt of the approval to Works Programme and Work Safety Plan the Contractor will be expected to adhere to the Works programme to ensure completion of works without delay. The Contractor shall comply with the Work Safety Plan submitted and approve by Superintending Officer. All changes to the programme must be approved by the Superintending Officer.

Section E – Supplementary To Standard Specification For Road Works (JKR/SPJ/1988)

Preliminaries & General (Cont’d)

23. Safety and Health Compliance

The Contractor shall comply with all the safety and health requirement as stated in the Tender Document. DBKU’s enforcement officer will visit the site to ensure that the safety is adequately provided for on site.

A fine of Ringgit Malaysia : Fifty (RM50.00) Only per day shall be imposed on each default as specified or when instructed by the Superintending Officer. The fine shall be deducted from the interim payment certificate.

24. Temporary Traffic And Warning Signs, And Lamps

1. Temporary Road Furniture

a) Water - Filled HDPE Road Barrier

b) Provide water - filled HDPE Road Barrier as shown on the Drawings and / or as directed by the Superintending Officer, and as specified including installing in the first position as shown on the drawings and storage, maintenance and replacement during construction period and removal on completion of the road works.

c) Warning Lamp (Blinker)

Provide warning lamp/blinkers with batteries as shown on the Drawings and / or as directed by the Superintending Officer and as specified including installing in the first position as shown on the drawings and storage, maintenance and replacement during construction period including removal from site at the end of each stage and at the completion of the road works.

2. Temporary Signs

(in accordance to JKR Arahan Teknik (Jalan) 2C/85 : Manual on Traffic Control Devices Temporary Signs and Work Zones Control)

Provide and install in position all temporary traffic signs of fluorescent orange prismatic retro-reflective sheeting including all posts brackets, painting and everything complete as shown on the Drawings and/ or as directed by the Superintending Officer including removal from site at the end of each stage and the completion of the road works.

a) Danger Signs in Construction Areas

b) AWAS Signs

c) Warning Signs,

25. Jabatan Kerja Raya Standard Specification For Road Works (JKR/SPJ/1988)

Note: Tenderers are to note that the above preprinted standard documents is NOT provided with the bound set of Tender Documents but is available separately. Tenderers are to obtain copy of this document at their own cost from Jabatan Kerja Raya (JKR) Head Quarters.

Section E – Supplementary To Standard Specification For Road Works (JKR/SPJ/1988)

Preliminaries & General (Cont’d)

Only the following sections are applicable under this contract. However, if Sections/clauses outside the below –quoted Sections are referred to by the below-quoted Sections, the contract shall include those referred Sections/clauses.

(i) Section 1 - General

(ii) Section 9 - Concrete

The followings are amendments/supplements to clauses contained in the Standard Specification Of Road Works (JKR/SPJ/1988).

SECTION 1 - General

(a) Clause 1.1 – General Description Of Project

This project is situated with in the City Center area as shown in the site plan. The proposed project calls for the construction and upgrading of existing concrete footpath. Upon completion of the project, the footpath network with in the city center will be aesthetically improved.

(b) Clause 1.2 - Scope Of Works

This project calls for the followings :-

1. Preliminary and general.

2. Demolition works including leveling and site clearing.

3. Supply and deliver materials and tools for the application of stencil imprint finishes on existing concrete slab including concrete rescreeding (25mm min thickness) of existing concrete footpath.

4. Supply and install 750mm x750mm reinforced precast concrete manhole cover with stencil imprint finished including hacked existing slab.

The Contractor shall submit the Work Programme to the Superintending Officer for approval in accordance with clause 14 DBKU Form of Contract.

(d) Clause 1.6 To Clause 1.10

The word “Government” shall mean “the Employer” under this contract.

(e) Clause 1.15 To Clause 1.17

The above clauses are not applicable under this project.

Section E – Supplementary To Standard Specification For Road Works (JKR/SPJ/1988)

SECTION 1 – General(Cont’d)

(f) Clause 1.18

The Contractor may appoint a qualified private soil laboratory instead of maintaining a laboratory on site.

(g) Clause 1.9

The above clauses are not applicable under this project.

(h) Clause 1.20 sub-clause 1.20.1

The premix surface which required cutting shall be cut by using diamond bit cutter.

(i) Clause 1.23 to Clause 1.25

The above clauses are not applicable under this project.

SECTION 9 - Concrete

The followings are amendments/supplements to clauses contained in the Standard Specification Of Road Works (JKR/SPJ/1988).

(a) Clause 9.2.1

The cement to be used throughout the work shall be of Ordinary Portland Cement.

(b) Clause 9.3

The concrete used in this contract shall be prescribed mix.

The grade of concrete used in this contract shall be 25. No setting up of batching plant on site is allowed.

(d) Clause 9.3.2

Under this contract, the above clause is not relevant.

(e) Clause 9.4.2

The above clause is not applicable under this contract.

(f) Clause 9.8.2.1

The expose surface shall be with F2 finishes and the covered surface shall be of F1 finishes.

SECTION F ENVIRONMENTAL SPECIFICATION

ENVIRONMENTAL SPECIFICATIONS

1.0 GENERAL

Dewan Bandaraya Kuching Utara Environmental Management System (EMS) is in line with our Vision and Mission Statements which are stated as follows:

Our Vision : “An Attractive, Cultured, Clean and Safe Garden City”

Our Mision : “To Enhance The Quality of Life of Our Community Through Excellent Delivery of Services”

Consistent with our commitment towards the environment, the EMS has been formulated in line with the requirements of MS ISO 14001: 2004 ENVIRONMENTAL MANAGEMENT SYSTEMS - specifications with guidance for use. The above principle on EMS is further prescribed in our Environmental Policy which is fully adopted by DBKU.

2.0 ENVIRONMENTAL POLICY

The DBKU environmental policy is duplicated in full as follows: DBKU EMS 14001 POLICY STATEMENT

The Commission of the City of Kuching North of Dewan Bandaraya Kuching Utara (DBKU), as a leading local authority responsible for managing an attractive, cultured, clean and safe garden city, is an environmentally concerned organisation. We are committed to work practices and activities that will help preserve the environment from pollution. We provide quality services to all our customers in a manner that best conserves resources through continual improvement, whilst maintaining high standard of customer service.

We are committed towards:-

D - Dynamic leadership in Environmental Management

B - Best practices in environmental activities and services to prevent pollution

K - Knowledgeable and capable workforce through continuous learning U - Understanding the changing environmental needs

C - Compliance with the relevant environmental laws and other requirements

A - Awareness on environmental aspects and significant impacts to all stakeholders

R - Reduce, Reuse and Recycle – 3R Concept

E - Environmental Management System provides framework for setting and reviewing the environmental objectives and targets

S - Sustainable Urban Development Initiatives

ENVIRONMENTAL SPECIFICATIONS

3.0 ENVIRONMENTAL SPECIFICATION FOR WORK (S)/SERVICE (S)

To demonstrate that DBKU has a system for the management of environmental matters in theirs contract, the tenderer shall comply with the followings requirements:-

3.1 EXISTING SERVICES

3.1.1 The Contractor shall take all necessary steps to ascertain the exact positions of any existing cables, pipes, wells, ducts, sewers, service mains and the like, and shall uphold, protect and maintain the same haring excavations and make good or pay for making good all damage hereto and any consequential damage or loss arising out of such damage.

3.1.2 In cases where the services are to be temporarily terminated or diverted, the Contractor shall give the necessary notices to the appropriate authorities and arrange for the works to be carried out and pay all charges in connection therewith.

3.2 SAFETY MEASURES

3.2.1 The Contractor shall comply with the relevant Acts or statutes of Parliament, Regulations, etc. relating to safety of persons on or about the site and shall provide sufficient safety helmets, rubber boots, safety shoes, etc. for the use of the consultant and other authorised persons visiting the site.

3.2.2 The Contractor shall ensure that all tools and tackle, gear, stagings, scaffoldings, ladders, machines, etc. used in connection with the works of adequate strength and safe for use.

3.2.3 The Contractor shall note that all constructional plants used on site must have the Certificate of Fitness issued by the relevant approved testing authorities and the Contractor shall ensure that all constructional plants are in good working condition and safe for use and shall immediately discontinue or remove any equipment which becomes or likely to become unsafe.

3.2.4 The Contractor shall promptly remove from the works any of his employees or representatives or other party whose conduct tends to create any danger to themselves or others or to the works.

ENVIRONMENTAL SPECIFICATIONS

3.2 SAFETY MEASURES (Cont’d)

3.2.5 The Contractor shall provide and maintain all the warning sign plates, first aids and charts showing method of “Artificial Respiration” and all other necessary signs and notices which are required by statutory authorities of the Superintending Officer.

3.3 WATCHING AND LIGHTING

3.3.1 The Contractor shall provide watchman, lighting, warning lamps as necessary or as required by the Superintending Officer, Statutory or other authorities to prevent injury to all persons and property including the works, the workmen and the public.

3.4 SITE SECURITY

3.4.1 Safeguard the works, materials and plant against damage or theft, including all necessary watching and lighting by day or by night for the security of the works. The Contractor shall be solely responsible for the safety of all goods and materials, fixed or unfixed, including that of suppliers and Nominated Sub-Contractors.

3.5 PROTECTION OF THE WORKS

3.5.1 The Contractor shall cover up as necessary and take all reasonable precautions to prevent loss or damage by weather, accident or any other cause to the works or any part thereof.

3.5.2 The Contractor shall at all times take care not to destroy, damage or interrupt any services, walk-ways, roads, crossing or path, boundary stone and shall at the completion of the Contract or such other time during he course of the Contract as may be ordered by the Superintending Officer reinstate thoroughly and damage he has made to the satisfaction of the authorities.

3.6 SITE FIRE PREVENTION AND FIRE FIGHTING FACILITIES

3.6.1 The Contractor shall be responsible for providing fire prevention and fire fighting facilities on the site. He shall, on taking over the site seek the assistance of the local fire brigade in appraising fire hazards and devising adequate precautions and equipments. The Contractor shall as part of the site fire prevention and fire fighting facilities, institute the following measures:-

ENVIRONMENTAL SPECIFICATIONS

3.6 SITE FIRE PREVENTION AND FIRE FIGHTING FACILITIES (Cont’d)

i) Make daily fire inspection, once in the morning and the other just as work is finishing for the day, to make sure that rubbish and fires have been properly extinguished, stores locked, windows closed, no lighted cigarette ends left about in any of the temporary buildings, and all gas cylinders and flammable liquid returned to store.

ii) Install a suitable fire alarm system such as an audible warning system, with a clear distinctive note, to warn all personnel and to summon assistance in fighting the fire until the fire brigade arrives.

iii) Provide separate metal containers for each form of flammable waste and organise regular collection and disposal.

3.7 POLICE REGULATIONS

3.7.1 The Contractor shall observe and comply with any police regulations governing the loading/unloading of or waiting by vehicles on public road, highways and the like including the carriage of any materials, protective coverings, warning displays etc. and to pay for all costs involved.

3.8 LOCAL AUTHORITIES

3.8.1 The Contractor shall comply with all by-laws issued by the Local Authorities throughout his contract and shall meet the requirements of the Medical Officer of Health regarding sanitation and hygiene of his installation on the site of the work, and of the employment of any workmen whose presence on health ground is considered undesirable by the Medical Officer of Health.

3.9 ANTI-POLLUTION MEASURES

3.9.1 The Contractor shall make adequate provision by spraying, hosing, erecting screens or other suitable methods as directed by the Superintending Officer against any nuisance or damage by dust or other pollution for work under this Contract and to persons or properties in the vicinity, and he will be held solely responsible for any complaint, damage or claim in this connection.

ENVIRONMENTAL SPECIFICATIONS

3.9 ANTI-POLLUTION MEASURES (Cont’d)

3.9.1 The Contractor shall maintain and keep all drains, streams and waterways free from mud, silt and any other obstructions and make good where necessary.

3.10 LIABILITY FOR NUISANCE

3.10.1 The Contractor shall be solely responsible in carrying out the works and haring the progress of the works for any damage, accident, annoyance, nuisance or disturbance that may arise to existing premises, owners or occupiers of adjoining properties by any of the operations arising from the carrying out of the Works under this Contract.

3.10.2 The Contractor shall be responsible for the restricting his workmen only to the site of the Works and shall prevent trespassing into adjoining properties and he shall undertake to reinstate and make good all damage and indemnify the Employer against all claims of damage.

3.10.3 The Contractor shall take into consideration in his completion period complaints from adjacent owners and consequential stoppages of work resulting therefrom.

3.11 TEMPORARY LIGHTING AND POWER

3.11.1 The Contractor shall provide and maintain (or arrange for the use of existing facilities) at his own expense for all necessary temporary lighting and electrical power required for the works and including temporary cable, wiring and meters, alter, adapt and maintain all necessary and clear away all on completion.

3.11.2 The Temporary supply shall be in accordance with the requirement of the Authorities, from whom approval is to be sought, and to be sufficient for the Works, including for the needs of Nominated Sub-Contractor.

3.12 TRAFFIC SAFETY PROVISIONS

3.12.1 The Contractor is to provide, maintain and remove on completion, all necessary temporary traffic guard rails, warning lights, barricades, fences, signs, watching, lighting, etc., for safety purposed all as directed by the Superintending Officer or required by the Traffic Control Authorities.

ENVIRONMENTAL SPECIFICATIONS

3.13 MOSQUITO PREVENTION

3.13.1 All excavation and portions of site where water stagnates or accumulates will be kept dry by pumping, baling or other operations.

3.13.2 Allow for taking such precautions as may be deemed necessary or desirable by the Superintending Officer for the prevention of breeding of mosquitoes and pay all charges as may be required by the Local Authority concerned for any anti-malaria measures taken.

3.13.3 The Contractor must refrain from dumping or depositing rubbish, spoil, unused materials, empty bottles, cans and other containers capable of collecting liquids which afford breeding places for mosquitoes. He will be held responsible for mosquito nuisance at the site and surroundings arising form non observance of the provisions of this clause and will be required to employ whatever mosquito destructive measures to the Superintending Officer’s direction at the Contractor’s own expense.

3.14 CHEMICAL USAGE

3.14.3 The Contractor shall declare all chemical to be use prior to the actual supply.

3.14.4 The Contractor must ensure that chemical used and its waste to remove from the premise upon completion of work.

3.15 CLEANING UP PERIODICALLY

3.15.3 The Contractor shall make every effort keep the site in a reasonably clean and tidy condition during the carrying out of the works. He shall, in addition, from time to time on the completion of any area of the works or where directed by the Superintending Officer, remove all rubbish, construction plant, surplus materials, or any other construction debris from such areas as may be attributable to his works under this Contract and generally leave them in a satisfactory condition, to the approval of the Superintending Officer.

ENVIRONMENTAL SPECIFICATIONS

3.16 ENVIRONMENTAL PROTECTION

The Contractor shall be aware of the environmental conditions of the sites and the areas surrounding the sites. The Contractor is also to allow for continuous liaison with the relevant authorities to ensure that all works being carried out does not directly or indirectly contribute to polluting or contaminating the environment. He is to ensure that proper and sufficient measures are being taken to protect the environment from:

3.16.1 Air Pollution

Extra precautions are required during project execution stage to prevent any works (namely earthworks in dry weather, unserviced plants that emit smoke or toxic gases and other road laying activities) from becoming active sources of air pollution.

3.16.2 Ground Pollution

No toxic materials shall be used on site and the Contractor is to make sure that no contaminated materials are imported and used on site.

3.16.3 Water Pollution

No contaminants should seep through to irrigation canals, streams or rivers. The Contractor is to note that the project is subjected to the “Environmental Protection Chapter” and all requirements must be strictly adhered to during construction.

During siphon construction, extra precautions shall be taken to stabilise the irrigation water levels on both road sides. The water supply passing the siphon must not be disrupted in any way. The Contractor is to liaise with relevant authorities to establish the proper irrigation levels so as not to disrupt the surrounding agricultural land that is dependent on the irrigation canal as its water source. Allow sufficient silt traps to prevent water pollution.

The Contractor must also seek prior approval from relevant authorities before disturbing or starting work at any irrigation canals. He must submit his schedule of works and random sampling throughout construction period to ensure that he follows all the guidelines enlisted in the Environmental Protection Chapter.

ENVIRONMENTAL SPECIFICATIONS

3.16 ENVIRONMENTAL PROTECTION (Cont’d)

3.16.4 Tree Protection

Arrangements must be made in advance to protect trees or other vegetation that are considered protected species by the Local Authorities. Existing landscaping, especially in town centres, can only be moved with the permission of the Local Authorities and the Contractor is required to undertake reinstatement works after the road works have been completed.

All certification, correspondence or reports pertaining to this issue will need to be duplicated to the Superintending Officer. If the Contractor fails to obtain prior approval from the respective Authorities or carry out sufficient environmental protective measures on site, then the Superintending Officer will direct a Sub-Contractor to undertake that part of the protective works and all associated costs will be borne by the Contractor by deducting the costs from the monthly interim payment.

4.0 ENVIRONMENTAL SPECIFICATION FOR SUPPLY OF CHEMICAL

To demonstrate that DBKU has a system for the management of environmental matters in theirs contract, the tenderer shall comply with the followings requirements:-

4.0.1 The Contractor shall provide Chemical Safety Data Sheet before commencing of supply.

4.0.2 The Contractor shall ensure all chemical are labelled indicating clearly the brand name, types and classes of chemical.

4.0.3 The Contractor must ensure that proper equipment or attire to be used during transportation of the chemical to avoid spillage or accidents and any instruction on the packaging must be adhered to during transportation of chemicals.

4.0.4 The Contractor shall be entirely responsible for and shall make good any damage to any article caused through faulty or inadequate packing, failing which all cost incurred by the Superintending Officer in rectifying the same shall be recoverable from the Contractor.

Section G –Traffic Safety Code For Temporary Road Works

SECTION G

TRAFFIC SAFETY CODE FOR TEMPORARY ROAD WORKS

Section G –Traffic Safety Code For Temporary Road Works

TRAFFIC SAFETY CODE FOR TEMPORARY ROAD WORKS

1. GENERAL

All temporary Road Works such as road and drain construction within the road reserve must have proper traffic safety devices in accordance to Arahan Teknik (Jalan) 2C/85 “Manual on Traffic Control Devices, Temporary Signs and Work Zones Control” issued by Cawangan Jalan, Ibu Pejabat JKR, Kuala Lumpur.

The lengths of all excavations and temporary obstructions must be kept to a minimum; this applies to intermittent obstructions as well as to continuous ones. Wherever practicable, excavation trenches must be filled in and the carriageway opened to traffic as work progresses.

For this particular area, the typical traffic safety arrangement is given in Fig. 5-13, Temporary works in City Area on 2-lane roadway. But all other relevant parts of Arahan Teknik (Jalan) 2C/85 must also be followed.

2. MARKING BY DAY AND NIGHT

Obstructions and excavations must be marked

(i) By day, by one (1) or more posts carrying red flags, red and white plastic bunting, boards with a red background, or similar conspicuous markings.

(ii) By night, by two (2) or more lamps continuously lit and showing a red light together with automatic flashing beacons.

All such posts, markers, lamps or beacons should be placed so as to indicate to vehicle drivers and pedestrians from any direction the position and full extent of the obstruction.

Excavations must be fenced round with posts, rails, ropes or other devices to prevent road users, especially pedestrians and cyclists, from falling into them. A bank of earth or the like, not less that 0.9m in height, may be regarded as a fence for this purpose. The area so fenced should be kept to a minimum consistent with the safety of road users and workmen, and, having regarded to the nature of the work being carried out, may be reduced when work is temporarily suspended. Where a footpath is substantially obstruction, the fencing must provide a passage on the carriageway for pedestrians, protected from passing vehicles.

Excavations or obstructions more than 1.2m measured at right angles to any line of traffic must be marked with a horizontal pole or horizontal board approximately 150mm wide, extending the full width of the obstruction and painted with red and white stripes between 300mm and 600mm wide.

At night, the full width and length of the obstruction must be clearly indicated by lamps continuously lit and showing a red light. If any obstruction or excavation exceeds 1.2m in width measured at right angles to any line of traffic, automatic flashing beacons must be placed at the limits nearest the lines of diverted traffic.

In addition, automatic flashing beacons showing the full length of the obstruction must be placed at intervals of not more than 15m and at least one flashing beacon must be visible to approaching vehicles indicating the start of the obstruction.

Section G –Traffic Safety Code For Temporary Road Works

2. MARKING BY DAY AND NIGHT (Cont’d)

Where a driver has to change direction to avoid an obstruction an oblique line of lamps must be provided. Where the required change of direction is appreciable, an illuminated or reflectorised sign or arrow should also be provided.

It will often be an advantage to have red reflectors on barriers protecting obstruction, but such reflectors mush be in addition to, not in substitution for, red warning lamps.

Care must be taken to ensure that any lights are not misleading to water or air traffic. In any case of doubt, the river or airfield authority should be consulted.

The term “night” in this Code is intended to cover a period not less than the official hours or darkness during which lights are required to be shown on moving vehicles.

3. AUTHORIZED ADVANCE WARNING, DIVERSION AND WARNING SIGNS

The number type and arrangement of all temporary warnings and direction signs shall be as approved by the Engineer.

4. ILLUMINATION OF SIGNS

Advance warning and warning signs must be clearly visible to approaching drivers by night as well as by day. On roads where headlamps are normally used, this can be achieved by the use of reflectors of reflecting material, but where headlamps are not normally used, the signs must be provided with their own lamps, screened from the direct view of approaching drivers. It will not normally be sufficient to rely on street lighting.

5. ADVANCE WARNING SIGNS

When an excavation or obstruction is not clearly visible for a distance of at least 50 metres from any direction and at all other irrespective of visibility, an appropriate advance warning signs or signs must be placed on the nearside of the road. In one (1) way streets, on shard left-hand bends, or on dual carriageway a similar sign must also be placed on the off-side of the road, or on the central reservation. Wherever possible, advance warning signs must be placed on the kerb or verge, and not on the carriageway.

The signs must be at least 50 metres in advance of the obstruction.

Where there is an entering or intersecting road between the obstruction and the advance warning signs, signs must also be placed on the side road not less than 10 metres from the junction.

The distances given in the two (2) preceding paragraphs are to be regarded as minimum. Greater distances of, say, half as much again will normally be appropriate.

6. WARNING SIGNS AT THE OBSTRUCTION

The signs must give a clear warning of the danger and should be so located that they are not masked by obstructions in the vicinity. Care must be taken that they are not easily blown or knocked over.

7. MOVING OF SIGNS

The Contractor shall ensure that advance warning and other warning signs relating to obstruction are moved as work progress or removed when they are no longer applicable. Where suspension of work at weekends or at night renders signs inapplicable they shall be covered during the period of operation.

Section G –Traffic Safety Code For Temporary Road Works

8. MODIFICATION OF EXISTING PERMANENT TRAFFIC SIGNS

Where a road obstruction or temporary one-way working resulting from it makes it impossible for a driver to comply with a permanent traffic sign (e.g. IKUT KIRI sign), the sign shall be covered, subject to consent by the Highway Authority and the police and after approval by them of any alternative measures which may be necessary.

Similarly, the Contractor shall notify bus services operators of any bus stops which will become unusable during the course of the works to be undertaken.

9. TEMPORARY TRAFFIC AND WARNING SIGNS, AND LAMPS

The Contractor shall provide the following Temporary Traffic and Warning Signs and Lamps:

Item	Description	Quantity	Unit
1.	TEMPORARY ROAD FURNITURE
(a)	Water – filled HDPE Road Barrier
	Provide water – filled HDPE Road Barrier as shown on the	8	Nos.
	Drawings and/or as directed by the Superintending Officer. and
	as specified including installing in the first position as shown on
	the drawings and storage, maintenance and replacement
	during construction period and removal on completion of the
	road works.
(b)	Warning Lamp (Blinker)
	Provide warning lamp/blinkers with batteries as shown on the	2	Nos.
	Drawings and/ or as directed by the Superintending Officer and
	as specified including installing in the first position as shown on
	the drawings and storage, maintenance and replacement
	during construction period including removal from site at the
	end of each stage and at the completion of the road works.
	TEMPORARY SIGNS
2.	(in accordance to JKR Arahan Teknik (Jalan) 2C/85: Manual on
	Traffic Control Devices Temporary Signs and Work Zones
	Control)
	Provide and install in position all temporary traffic signs of
	fluorescent orange prismatic retro-reflective sheeting including
	all posts brackets, painting and everything complete as shown
	on the Drawings and/ or as directed by the Superintending
	Officer including removal from site at the end of each stage
	and at the completion of the road works.
(a)	Danger Signs in Construction Areas	2	Nos.
(b)	AWAS Signs	2	Nos.
(c)	Warning Signs,	2	Nos.

SECTION H

OCCUPATIONAL HEALTH AND SAFETY POLICY

In compliance with the provision of Occupational Health and Safety (Employers’ Health and Safety General Policy Statements) (Exception) Regulations 1995 DBKU has established its Occupational Health and Safety Policy as follows:-

The Commission of the City of Kuching North or Dewan Bandaraya Kuching Utara (DBKU), as a local authority in the State, commits itself to Occupational Safety and Health Management. We are committed and dedicated to the safety and health of its employees, contractors and the public who have reason to be at the workplace.

In order to prevent work-related injuries or diseases at the workplace, the Management together with its Health, Safety and Emergency Management Committee will carry out the followings:-

1. Ensure safe and healthy work system to prevent injuries and ill health of the workers.

2. Always practice continual improvement in management and performance of safety and health at the place of work.

3. Ensure systematic training programmes for new employees or whenever there is any change in the system of work.

4. Instill awareness and responsibilities towards safety and health at the workplace.

5. Ensure safety and health at the place of work are supervised effectively.

6. Ensure legal and other requirements pertaining to safety and health at the place of work is complied with.

7. Always sensitive, proactive and concern towards possible safety and health threats at the place of work.

8. Facilitate cooperation amongst employees and provide consultative forum for employees to discuss safety and health issues at the place of work.

A safe and healthy workplace will ensure healthy and productive employees who are able to contribute towards the achievement of DBKU goals.

H/1

SECTION I SUMMARY OF TENDER

SUMMARY OF TENDER

Title : KERJA-KERJA MEMBAIKI TEMPAT PEJALAN KAKI DI PUSAT BANDAR, KUCHING

Tender No. : DBKU/CQS/P/29/13

PREAMBLES

The prices set down by the tenderer shall deemed to include the cost of all preliminaries, all plants, equipment, labour, materials, transport, supervision, erection, insurance, overhead, attendance, profit and everything necessary for the supply and completion of each item in conformity with every aspect of the condition of contract, specification and drawings. All rates in this schedule shall be filled in and submitted together with the tender. All rates and prices shall be in Malaysian Ringgit.

Should there be any arithmetical error within the Summary of Tender, the sums and prices against the items shall be adjusted by negotiation prior to the award of the Tender, such that the sum entered on the Form of Tender remains unchanged.

DBKU shall also be entitled to negotiate adjustments of the individual sums and tendered rates without changing the total Tender Price, prior to the award of the Tender.

ITEM

DESCRIPTION

AMOUNT (RM)

Preliminaries and General

…………………

Salvaging of existing pave block on existing footpath and construction of 100 mm thick reinforced concrete slab with stencil imprint finished and hardcore as per detail (Type B). (salvaged pave blocks to be stacked and transport away with the approved of engineer. )

…………………

Construction of reinforced concrete footpath including stencil imprint finished as per detail (Type C).

…………………

Supply and deliver materials and tools for the application of stencil imprint finished on existing concrete slab including concrete rescreeding (25mm min thickness) of existing concrete surface as per specifications (Type A).

…………………

SUMMARY OF TENDER (Cont’d)

Title : KERJA-KERJA MEMBAIKI TEMPAT PEJALAN KAKI DI PUSAT BANDAR, KUCHING

Tender No. : DBKU/CQS/P/29/13

ITEM	DESCRIPTION	AMOUNT (RM)
5.	Supply and install 750mm x 750mm reinforced precast concrete manhole cover with stencil imprint finished including hacking existing slab as per specifications.	…………………….
6.	Contigencies
	The following sums to be expended at the discretion and under
	the direction of the Superintending Officer and/or Employer and
	may be deducted wholly or in part if not required.
(a)	Allow sum for SESCO, TELEKOM, and KWB services	10,000.00
	relocation.
(b)	Allow sum to be spent in whole or in part or not at all according	20,000.00
	to the direction of the Superintending Officer.
	Total Carried Forward to Form of Tender (Page B/1)	RM…………………..

I/We undertake to complete the above project in Five (5) months.

Signature :	……………………………………………………………………
Name Of Signatory : And Stamp	……………………………………………………………………
I.C. No. :	……………………………………………………………………
Address :	……………………………………………………………………
:	……………………………………………………………………
Tel No. :	……………………………… Fax No.: ………………………
Date :	……………………………………………………………………

SECTION I SCHEDULE OF RATES

SCHEDULE OF RATES

Title : KERJA-KERJA MEMBAIKI TEMPAT PEJALAN KAKI DI PUSAT BANDAR, KUCHING

Tender No. : DBKU/CQS/P/29/13

PREAMBLE

This is a Lump Sum Contract. This Schedule of Rates shall only be used for ascertainment of prices for variations.

Unless otherwise stated, the rates so set in by the tenderer shall deemed to include the cost of all preliminaries, all plants, equipment, labour, materials, transport, supervision, erection, insurance, overhead, attendance, profit and everything necessary for the completion and maintenance of each item of work in conformity with every aspect of the condition of contract, specification and drawings. All rates in this schedule shall be filled in and submitted together with the Tender. All rates and prices shall be in Malaysian Ringgit.

The rates so set in shall be subjected to agreement with the Supervising Officer to ensure that they are reasonable and such agreement shall form part of the Contract. The rates entered in this Schedule shall provide for compliance with all the provision of the conditions of contract, Specification and drawings.

The Contractor is advised not to insert absurd and unrealistic rates. When called upon to prove and substantiate his rates, it shall be the duty of the Contractor to do so, failing which he will be considered not to have submitted a bona-fide Tender. All rates entered by the Contractor will be scrutinized before acceptance of Tender.

No.

Descriptions

Unit

Rates

(RM)

Construction of 100mm thick concrete (grade 20) footpath including one layer of BMC A8 and stencil imprint finished.

………………......

Supply and deliver materials and tools for the application of stencil imprint finishes on existing concrete slab including rescreeding. (25mm min thickness) of existing concrete surface.

……….................

Supply and install 750mm x 750mm reinforced precast concrete manhole cover with stencil imprint finished.

……………………

SCHEDULE OF RATES

Title : KERJA-KERJA MEMBAIKI TEMPAT PEJALAN KAKI DI PUSAT BANDAR, KUCHING

Tender No. : DBKU/CQS/P/29/13

No.

Descriptions

Unit

Rates (RM)

Supply and install precast concrete kerb (overall size 600mm long x 150mm wide x 305mm high) including with concrete haunching.

…………………..

Signature :	……………………………………………………………………
Name Of Signatory : And Stamp	……………………………………………………………………
I.C. No. :	……………………………………………………………………
Address :	……………………………………………………………………
:	……………………………………………………………………
:	……………………………………………………………………
Tel No. :	……………………………… Fax No.: ………………………
Date :	……………………………………………………………………

Section J – List of Drawings

SECTION J LIST OF DRAWINGS

Section J – List of Drawings

Project : KERJA-KERJA MEMBAIKI TEMPAT PEJALAN KAKI DI PUSAT BANDAR, KUCHING

Quotation No. : DBKU/CQS/P/29/13

The following Drawings shall form part of the Contract:-

Drawing Number		Title
DBKU/BP/2013/8	(1/4)	- Site Plan
DBKU/BP/2013/8	(2/4)	- Site Plan
DBKU/BP/2013/8	(3/4)	- Typical Cross-Sections
DBKU/BP/2013/8	(4/4)	- Typical Cross-Sections

- J/1-

SECTION K ATTACHMENTS

ATTACHMENT I

LETTER FROM THE BANK/FINANCIAL INSTITUTION ON FINANCIAL CAPACITY OF THE APPLICANTS

(Borang ini hendaklah dilengkapkan oleh pihak bank atau institusi kewangan lain dan diserahkan kepada pentender dalam satu sampul berlakri untuk disertakan bersama-sama tendernya sekiranya pentender mempunyai kemudahan kredit dalam bentuk mudah cair dengan Bank Institut Kewangan yang berkenaan).

To : Pengarah

Dewan Bandaraya Kuching Utara Bukit Siol, Xxxxx Xxxxxxxxx 00000 Xxxxx Xxxx

Kuching

Tenderer’s Name : ………………………………………………………………………………

Project : ………………………………………………………………………………

: ………………………………………………………………………………

(A) Credit Facilities Which Can Be Utilised For The Project

Current credit facilities accorded and minimum additional credit facilities eligible to applicant are as follows:-

Form of Credit Facilities	Amount Appproved	Additional Minimum To Be Approved *	Total
(i) Overdraft	RM…………………	RM…………………	RM……………
(ii) Total Of Guarantee	RM…………………	RM…………………	RM……………
Total	RM…………………	RM…………………	RM……………
	( * If the applicant is qualified to tender)
(B)	Comments On Applicant’s Account And Financial Standing
	…………………………………………………………………………………………………………………
	…………………………………………………………………………………………………………………

Signed for and on behalf of bank/financial : ………………………………………………………

Institution

Bank : ………………………………………………………

Name Of Officer : ………………………………………………………

Designation : ………………………………………………………

Date : ………………………………………………………

ATTACHMENT II DETAILS OF TENDERER

DETAILS OF TENDERER

GENERAL INFORMATION

The Tenderer is to complete the following information as listed below regarding his Company. Please attach certified true copy of Certificates.

1. Name of Firm :-

7. Amount of Fully Paid Up Capital :-

2. Address :-

8. Amount of Authorised Capital :-

3. Telephone No. :-

9. Banking Facilities With :-

4. Fax No. :-

5. Date Of Incorporation of Company :-

10. Amount of Overdraft Facilities :-

11. Names & Address of Two Clients/consultants With Whom References Could be Made To :-

6. Registration:-

(i) Unit Pendaftaran Kontraktor :

Expiry date :

12. Location And Address Of Warehouse/Storage Yard :-

DETAILS OF TENDERER

	GENERAL INFORMATION
13.	Particular of Partners/Director :-
	No.	Name	Experience/ Qualification	Position held in the Company	Percentage Holding
	1.
	2.
	3.
	4.
	5.
	6.
	7.
	8.
	9.
	10.

DETAILS OF TENDERER SUPERVISORY PERSONNEL

The Contractor is required to state below the particulars of supervisory personnel he intends to employ for this Works
NO.	NAME OF PERSONNEL	AGE	POSITION AND QUALIFICATION	PAST EXPERIENCE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.

DETAILS OF TENDERER PLANT AND EQUIPMENT

The Tenderer is required to state below the particulars of the plant and equipment he proposed to use for the works .
NO.	DESCRIPTION AND MODEL OF PLANT AND EQUIPMENT	MAKE	YEAR OF MANUFACTURE	CAPACITY	ANTICIPATED NO. OF HOURS TO BE USED PER DAY	TOTAL NO. TO BE USED FOR WORKS	OWNED OR HIRED
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

ATTACHMENT III

CONTRACTOR’S PREVIOUS EXPERIENCE

TECHNICAL AND FINANCIAL CAPABILITY

The Tenderer is to state below the particulars of his experience on previous projects of a similar nature executed and completed by him

LIST OF PREVIOUS PROJECTS :

NO.	PROJECT DESCRIPTION	VALUE OF CONTRACT (RM)	CONTRACT PERIOD	DATE OF COMPLETION	EMPLOYER
1.
2.
3.
4.
5.

Contractor’s Signature : …………………………………………………

Date : …………………………………………………

ATTACHMENT IV

CONTRACTOR’S PRESENT COMMITMENTS

TECHNICAL AND FINANCIAL CAPABILITY

LIST OF CONTRACTOR’S PRESENT COMMITMENTS:

NO.	PROJECT DESCRIPTION	VALUE OF CONTRACT (RM)	DATE OF COMMENCEMENT	DATE OF COMPLETION	PERCENTAGE VALUE OF WORK DONE TO DATE
1.
2.
3.
4.
5.

Contractor’s Signature : …………………………………………………

Date : …………………………………………………

ATTACHMENT V FORM OF AGREEMENT

CONTRACT No. ……………………………………………...

FORM OF AGREEMENT

THIS AGREEMENT is made the ……………….… day of …………….. 20 ……………………..…...

BETWEEN Dewan Bandaraya Kuching Utara (hereinafter called “DBKU”) of the one part and

……………………………………………………………………………………………………..…………. of (or whose registered office is situated at) ………………………………………………….……………

……………………………………………………………………………………………………………… (hereinafter called “the Contractor”) of the other part.

WHEREAS DBKU is desirous that certain Works should be executed, viz:

………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………

and has accepted a Tender by the Contractor for the execution of such Works: NOW IT IS XXXXXX AGREED AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the General Conditions of Contract hereinafter referred to.

2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz:-

(a) The said Tender

(b) Standard Specification

(d) Letter of Acceptance

3. For the consideration hereinafter mentioned the Contractor will in accordance with the provisions of this Agreement execute and complete the Works shown upon the said Drawings and/or described by or referred to in the said Specification and General conditions of Contract.

4. DBKU will pay to the Contractor the sum of MALAYSIAN RINGGIT:

…………………………………………………………………………………………………..…

……………………………………… (RM: )

or such other sum as shall become payable hereunder at the times and in the manner provided by this Agreement.

IN WITNESS whereof the parties hereto have hereunder set their respective hands and seals the day and the year first above written.

The CORPORATE SEAL of )

DEWAN BANDARAYA )

KUCHING UTARA )

was hereunto duly affixed )……………………………………………….

in the presence of:- ) PENGARAH

SIGNED BY )

)

for and on behalf of )

)

(“the Contractor”) in the presence of )…………………………………………….

Head	Sub-Head	Item	Job

FORM OF AGREEMENT

DISTRIBUTION

FOR OFFICE ONLY

Original to : DBKU

One copy to : Contractor

Full set of contract

documents

Job No.

Director Of Audit

Form of

Agreement

Accountant

only

Tender Board approved reference

…………………………………

Registered No. of Bond or Treasury Receipt No. (for cash surety)

…………………………………

ATTACHMENT VI

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

BANK/ FINANCE COMPANY’S/ INSURANCE GUARANTEE FORM FOR PERFORMANCE SECURITY (WORKS)

In consideration of Dewan Bandaraya Kuching Utara (hereinafter referred to as “DBKU”) allowing (hereinafter

referred to as the “Contractor”) to……………………………………………………….

………………………………………………………………... (state title of the project) for a sum of ……………………………………………………………………………..

(RM …………………………..), WE, the undersigned at the request of the Contractor irrevocably undertake a guarantee to DBKU that:

The Guarantor has agreed to guarantee the due performance of the Contract in the manner hereinafter appearing.

Now the Guarantor hereby agrees with DBKU as follows:

1. On DBKU’s first written demand, the Guarantor shall forthwith pay to DBKU the amount specified in such demands not withstanding any contestation or protest by the Contractor or Guarantor or by any other third party and without proof or conditions. Provided always that the total of all demand so made shall not exceed the sum of Ringgit Malaysia

……………………………………………………………….…………….. (state the amount of bond in words) (RM ) and the total amount

recoverable against the Guarantor under this Agreement shall not exceed the said sum.

2. DBKU reserves the right to make any partial demands if it shall so desire and the total of all such partial demands so made shall not exceed the sum of Ringgit Malaysia …………………………………………………………

(state the amount of bond in words) (RM …………………….) and our liability of the Guarantor to pay DBKU the aforesaid shall correspondingly be reduced proportionate to any payment of partial demands having been made by the Guarantor.

3. The Guarantor shall not be discharged or released from this Guarantee by any arrangement between the Contractor and DBKU with or without the consent of the Guarantor or by any alteration in the obligations undertaken by the Contractor or by any forbearance, whether as to payment, time, performance or otherwise.

4. The Guarantee given by the Guarantor is a continuing guarantee. This Agreement shall be irrevocable and shall initially remain in force and effect until ………………………….. (hereinafter referred to as the “Initial Expiry Date”) being the end of a period of twelve (12) calendar months after the expiry date of the defects liability period as stated in the Contract or in the case of the Contract being determined, one (1) calendar year after the date of determination. The Guarantor shall, upon the request of DBKU, extend the Initial Expiry Date of this guarantee for a further period of one

(1) calendar year from the Initial Expiry Date (hereinafter referred to as the “Extended Expiry Date”) and the Guarantee shall be so extended. The maximum aggregate amount that DBKU shall be entitled to under this Agreement shall not exceed the said sum of Ringgit

……………………………………………………………………………………… (state the amount of bond in words) (RM …………………….).

5. All whatsoever obligation and liabilities of the Guarantor under this Agreement shall cease upon the determination of this Agreement on the Initial Expiry Date or the Extended Expiry Date as the case may be said to the extend that DBKU shall previously have called upon the Guarantor in writing to pay specified moneys payable under the Contract the remaining outstanding.

6. ALL CLAIMS, IF ANY, IN RESPECT OF THIS GUARANTEE MUST BE RECEIVED BY THE BANK/ FINANCE COMPANY/ INSURANCE COMPANY DURING THE VALIDITY PERIOD OF THIS GUARANTEE OR WITHIN FOUR (4) WEEKS FROM THE EXPIRY DATE OF THIS GUARANTEE WHICHEVER IS THE LATER.

IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first above written.

Signed for and on behalf of the ) ………………………………………….

said Guarantor in the presence of ) Name: ………………………………….

Designation: ……………………………

Bank/ Finance Company/ Insurance Company Chop:

……………………………………. (Witness)

Name: ……………………………

Designation: …………………….

Bank/ Finance Company/ Insurance Company Chop:

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Table of Contents

DEWAN BANDARAYA KUCHING UTARA

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