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TENDER DOCUMENTS
for
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS FOR REPLACEMENT OF
EXISTING SMOKE ABATEMENT PLANT
at
KWUN YUM TEMPLE (HUNG HOM)
(AGREEMENT NO. CTC/SAP/2017)
for
CHINESE TEMPLES COMMITTEE
SEPTEMBER 2017
RIDER LEVETT BUCKNALL LIMITED
Quantity Surveyor
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 i
CONTENTS
Pages
CONDITIONS OF TENDERING CT/1 - CT/19
WITH THE FOLLOWING APPENDICES :
APPENDIX A TO CONDITIONS OF TENDERING
– STATEMENT OF CURRENT/OUTSTANDING CONTRACTS IN HAND
CT/APPA/1
APPENDIX B TO CONDITIONS OF TENDERING
– LETTER OF INDEMNITY (FOR EXECUTION BY THE TENDERER)
CT/APPB/1 –
CT/APPB/4
APPENDIX C TO CONDITIONS OF TENDERING
– LETTER OF ANTI-COLLUSION UNDERTAKING
CT/APPC/1 –
CT/APPC/2
APPENDIX D TO CONDITIONS OF TENDERING
– STATEMENT OF CONVICTIONS (IMMIGATION ORDINANCE)
CT/APPD/1
APPENDIX E TO CONDITIONS OF TENDERING
– STATEMENT OF CONVICTIONS (EMPLOYMENT ORDINANCE)
CT/APPE/1
APPENDIX F TO CONDITIONS OF TENDERING
– LETTER OF CONSENT AND AUTHORIZATION ON CONVICTION
CT/APPF/1
APPENDIX G TO CONDITIONS OF TENDERING
– MARKING SCHEME IN TENDER EVALUATION
CT/APPG/1 –
CT/APPG/14
APPENDIX G(1) TO CONDITIONS OF TENDERING
– TENDERER’S EXPERIENCE
CT/APPG1/1 –
CT/APPG1/3
APPENDIX G(2) TO CONDITIONS OF TENDERING
– TENDERER’S TECHNICAL RESOURCES (KEY STAFF)
CT/APPG2/1
FORM OF TENDER FT/1 - FT/2
SPECIAL CONDITIONS OF CONTRACT SC/1 – SC/18
APPENDIX ‘A’ TO SPECIAL CONDITIONS OF CONTRACT
– FORM OF WORKS GUARANTEE
SC/APPA/1 –
SC/APPA/2
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 ii
CONTENTS (Cont'd)
Pages
SPECIFICATION
SPECIFICATION – PRELIMINARIES SP/1 - SP/63
EMPLOYER’S REQUIREMENTS ER/1 - ER/2
SCHEDULE OF QUANTITIES AND RATES
SCHEDULE NO. 1 - PRELIMINARIES 1/1 - 1/8
SCHEDULE NO. 2 - DEMOLITION WORKS 2/1
SCHEDULE NO. 3 - DESIGN, SUPPLY AND INSTALLATION
OF SMOKE ABATEMENT PLANT
3/1
SCHEDULE NO. 4 - PROVISIONAL AND CONTINGENCY SUMS 4/1
SCHEDULE NO. 5 - ANNUAL MAINTENANCE AND CLEANSING
SERVICE (OPTIONAL)
5/1
SUMMARY OF TENDER ST/1
SCHEDULE OF DRAWINGS SD/1
TENDER DRAWINGS Refer Schedule of
Drawings
CONDITIONS OF TENDERING
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/1
CONDITIONS OF TENDERING
1. Documents issued
(a) A booklet containing the following documents is issued to
tenderers :
(i) Conditions of Tendering with Appendices;
(ii) Form of Tender;
(iii) Special Conditions of Contract;
(iv) Particular Specification;
(v) Schedule of Quantities and Rates;
(vi) Summary of Tender;
(vii) Schedule of Drawings.
(b) One set of tender drawings as listed in the Schedule of Drawings.
The onus is on the tenderers to check the content of the tender
documents and ensure that they have received the above mentioned
documents complete with the various parts including any revised pages
and/or revised editions issued from time to time.
Failure to receive or acquire the said documents together with the
various parts and revisions and to examine the relevant sets of
tender documents will not be accepted as grounds for submission of
incomplete or incorrect tenders.
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/2
2. Relevant documents not issued
The following documents are not issued to tenderers :
(a) General Specification for Building, 2012 Edition (Incorporating
Corrigendum No. GS2012-01), issued by the Architectural Services
Department, Hong Kong.
(b) General Specification for Electrical Installation in Government
Buildings of the Hong Kong Special Administrative Region, 2012
Edition (Incorporating Corrigendum No. GSEE02-2012), issued by
the Architectural Services Department, Hong Kong.
(c) General Specification for Air-conditioning, Refrigeration,
Ventilation and Central Monitoring and Control System
Installation in Government Buildings of the Hong Kong Special
Administrative Region, 2012 Edition (Incorporating Corrigendum
No. GSAC02-2012), issued by the Architectural Services
Department, Hong Kong.
(d) General Specification for Plumbing and Drainage Installation in
Government Buildings of the Hong Kong Special Administrative
Region 2012 Edition (Incorporating Corrigendum No. GSPD02-2012),
issued by the Architectural Services Department, Hong Kong.
(e) Standard Method of Measurement of Building Works for use in Hong
Kong, published by The Royal Institution of Chartered Surveyors,
Hong Kong Branch, Third Edition Metric, February 1979.
(f) Agreement & Schedule of Conditions of Building Contract for use
in the Hong Kong Special Administrative Region, Private
Edition – Without Quantities together with its Appendix and
Schedules 2006 Edition issued under the sanction of The Hong
Kong Institute of Architects, The Hong Kong Institute of
Construction Managers and The Hong Kong Institute of Surveyors.
(g) Construction Site Safety Manual (Chapter 3).
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/3
3. Submission of tender (Marking Scheme)
The following documents in hard copy format, shall be enclosed in two
separate envelopes as specified below and the two envelopes shall
then be enclosed in a sealed envelope addressed, endorsed and
deposited as required by the Letter of Invitation to Tender :
(a) In an envelope clearly marked with the words “Tender Price
Documents”
The booklet referred to in 1(a) above with :
(1) The Form of Tender duly completed and signed. (The Sum
shown in the Form of Tender as 1(a)(ii) must agree with
the Summary of Tender as 1(a)(vi) above.)
(2) The Schedule of Quantities and Rates fully priced as to
each item in ink, extended, cast and totalled as
appropriate.
(b) In an envelope clearly marked with the words “Technical
Submission”
(1) An organization chart together with the C.V. of the
proposed personnel for the project including the proposed
managerial staff and technical staff.
(2) A completed Safety Plan for the Works in accordance with
the requirements under the Technical Memorandum for
Supervision Plans 2009 issued by the Secretary for
Housing, Planning and Lands under section 39A of the
Buildings Ordinance (Cap. 123).
(3) Technical information, specifications, catalogues,
brochures, data sheets indicating details of the
equipment offered.
(4) Statement of Convictions as required duly completed,
signed and dated. (Appendix D and Appendix E, see also
Conditions of Tendering Clause 25 and 26)
(5) A statement of current/outstanding contracts in hand,
completed, signed and dated as attached Appendix A.
(6) Copy of annual financial statements for the last three
accounting years audited and certified by certified
public accountants.
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/4
3. Submission of tender (Marking Scheme) (Cont’d)
(b) Technical Submission (Cont’d)
(7) The programme of Works required under Conditions of
Tendering Clause 33.
(8) Outline Safety Plan required under Conditions of
Tendering Clause 28.
(9) Outline Environmental Management Plan required under
Conditions of Tendering Clause 29.
(10) Letter of Indemnity as required under Conditions of
Tendering Clause 21 (Appendix B).
(11) Letter of Anti-Collusion as required under Conditions of
Tendering Clause 24 (Appendix C).
(12) Letter of Consent and Authorization on Conviction as
required under Conditions of Tendering Clause 27
(Appendix F).
(13) Plan for logistics and interface management.
(14) Quality assurance plan.
(15) Any other details and information as required by the
Tender Documents.
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/5
3. Submission of tender (Marking Scheme) (Cont’d)
(b) Technical Submission (Cont’d)
(16) Technical resources and technical proposal as required
for Marking Scheme in Tender Evaluation
(a) The tenderer shall provide information as contained
in Appendix G(1) to these Conditions of Tendering
for assessment of tenderer’s experience. Any
contract which is not substantiated with adequate
and credible evidence or information as to the
contract’s existence, practical completion or
content of the works so supplied is conflicting
will be disregarded and will not be given any
further consideration. In principle, the tender
shall be assessed on the information as submitted
in the tender submission.
(b) The tenderer shall provide information as contained
in Appendix G(1) to these Conditions of Tendering
for assessment of tenderer’s experience on
demolition works. In case a sub-contractor is
employed for the demolition works under the
Contract, the tenderer shall submit an undertaking
to warrant that the above sub-contractor will be
employed by the tenderer to undertake the
demolition works for this Contract. Without prior
approval from the Employer and the Architect,
change of the above sub-contractor shall not be
allowed.
(c) The tenderer shall show that they have suitably
experienced staff and technical resources for the
Contract. The tenderer shall provide information as
contained in Appendix G(2) to these Conditions of
Tendering, for assessment of tenderer’s technical
resources on Project Team. The submission shall
also include information to show :-
(1) the organization of the tenderer’s project
team illustrating reporting relationship and
role of responsibility; and
(2) full CVs of each team member.
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/6
3. Submission of tender (Marking Scheme) (Cont’d)
(b) Technical Submission (Cont’d)
(16) Technical resources and technical proposal as required
for Marking Scheme in Tender Evaluation (Cont’d)
(d) The tenderer shall provide the method statements of
the following for assessment of the tenderer’s
capability in construction aspects:-
(1) Method statements that detail the tenderer’s
approach to demolish the existing smoke
abatement plant and the structural support;
(2) Method statements that detail the tenderer’s
approach to deliver and install the smoke
abatement plant and construct the structural
supporting structure;
(3) Method statements that detail the tenderer’s
approach on co-ordinating the interfacing
works with contractor and temple operator,
including proposed measures on how to deal
with interfacing issues related to move in
and move out before and during construction
period;
(4) Method statements for protection of public
and existing building structure during the
construction of the work because the temple
shall be under operation during the
construction period.
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/7
3. Submission of tender (Marking Scheme) (Cont’d)
(b) Technical Submission (Cont’d)
(16) Technical resources and technical proposal as required
for Marking Scheme in Tender Evaluation (Cont’d)
(e) The tenderer shall provide the following
information for assessment of the tenderer’s
capability in design aspects:-
(1) Drawings that detail the design appearance of
smoke abatement plant with supporting
structure;
(2) Photomontage that showing the overall view of
completed smoke abatement plant with
supporting structure;
(3) Life-span, user friendly, running cost and
environmental friendliness of the smoke
abatement plant; and
(4) When the smoke abatement plant operating at
maximum design capacity of 20kg/h, it should
achieve that the Total Suspended Particulates
of air at the exhaust air duct of the plant
SHALL NOT exceed 30mg/m3 (30 min. average).
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/8
4. Business registration
The tenderer shall be deemed to be in possession of a valid business
registration certificate and be registered with the relevant
authority authorising him to carry out the works described in the
Tender Documents.
5. Lump sum tender
The tenderer shall be deemed to have made allowance in his prices
generally to cover the items of the Preliminaries and expenses in
connection with the Prime Cost and Provisional Sums and other items
if these have not been priced against the respective items.
6. Pricing of the items
All items of measured work shall be priced in detail and tenders
containing lump sums to cover trades or groups of work must be broken
down to show the price of each item before they will be accepted.
7. Unauthorised alterations
Any unauthorised alteration or erasure or obliteration to the text of
the documents may cause the tender to be disqualified.
8. Discrepancies in the documents
The tenderer shall check the numbers of pages of all documents
against page numbers given on the contents page, and should he find
any discrepancy or indistinctness, he must inform the Employer or
Quantity Surveyor and have the same rectified.
9. Clarification of documents
In the event the Tenderer for any reason whatsoever be in doubt as to
the precise meaning or detail of any item in the Tender Documents, he
shall inform the Employer or Quantity Surveyor at least 21 calendar
days before the Tender Closing Date so that the correct meaning may
be decided or necessary details may be given before the Tender
Closing Date. No liability will be admitted, nor any claims allowed,
in respect of errors or omissions in any Tender due to mistakes in
the Tender which should have been rectified in the manner so
stipulated.
10. Qualification of tender
Any qualification of the tender or of the Tender Documents may cause
the tender to be disqualified.
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/9
11. Errors in tender submission
In the event of a tenderer discovering an error in his tender after
it has been deposited, attention in writing may be drawn to the error
and an amendment submitted which, provided that the amendment shall
have been deposited before the time fixed for receipt of tenders,
shall be accepted.
12. Correction rules for tender errors
(a) The Tender Sum shall be regarded as a lump sum and will not be
amended for errors found during the examination of Tenders. The
following errors, should they occur in the tendered priced
‘Schedule of Quantities and Rates’, will be rectified and
altered in red ink :-
(i) The rate amended to agree with the quantity and the
extension in the cash column or the extension to agree
with the quantity and the rate.
(ii) Errors in carrying forward totals to collections or
summaries.
Errors in the tender will be corrected in accordance with the
current Environment, Transport and Works Bureau Technical
Circular (Works) No. 41/2002 which may be inspected at the
Website of the Development Bureau. If the tender includes a lump
sum or percentage adjustment to any rate or trade or other
summary, such quoted adjustment shall be applied as for
adjustment of errors as set out in ETWB TCW No. 41/2002 above.
(b) Should examination of a tender reveal errors of such magnitude
as in the opinion of the Quantity Surveyor would involve the
Tenderer in serious loss then the nature and amount of such
errors will be communicated to the Tenderer and he will be asked
to confirm in writing whether he is prepared to abide by his
Tender or withdraw his Tender.
13. Visit to site
Tenderers should visit the Site prior to submission of their tenders
so as to acquaint themselves thoroughly with all matters concerning
scope of the works, site conditions, accessibility, storage space,
existing site services, restrictions and any other conditions which
may affect their tenders.
14. Tender acceptance
The Employer is not bound to accept the lowest tender, the tender
with the highest overall score or any tender he may receive.
15. Tenders in HK dollars
Unless otherwise provided, the tender shall be in Hong Kong dollars
and no adjustment will be made for fluctuations in exchange rates of
currencies.
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/10
16. Tender negotiation
The Employer reserves the right to negotiate with any tenderer about
the terms of the offer.
17. Erratic pricing
(a) Without prejudice to the generality of the other Clauses in this
Conditions of Tendering, the Employer may regard a tender as not
being the most advantageous, irrespective of whether or not it
is the lowest tender or the tender with the highest overall
score, if in the Employer’s opinion:
(i) the Schedule of Quantities and Rates of the tender have
been priced erratically whether or not such erratic
pricing is the result of the application of Environment,
Transport and Works Bureau Technical Circular (Works) No.
41/2002; and
(ii) the erratic pricing is such as to expose the Employer to
an unacceptable level of financial risk.
(b) For the purposes of this Clause, “erratic pricing” means the
situation where an item or certain items in a Schedule of
Quantities and Rates are priced or structured in such a way as
to suggest significant and unjustified:-
(i) inconsistency, irregularity or non-uniformity as compared
with item or items of the same or similar nature in the
same Schedule of Quantities and Rates or another Schedule
of Quantities and Rates submitted by the same tenderer in
the same tendering exercise; or
(ii) deviation from prevailing market prices in respect of the
same or similar item or items.
(c) In determining prevailing market price, the Employer may take
into account the Quantity Surveyor’s estimates, the average
price of the same item in other tenders submitted for the same
tendering exercise, and/or the price of the same or similar
items in other tendering exercises after making adjustment for
changes in price in accordance with inflation or deflation.
18. Tender addenda
Should the Employer require any amendments, clarifications, or
adjustments to be made to the tender documents for the purpose of
tendering, tender addenda with such amendments etc. will be posted to
Chinese Temples Committee Website (http://www.ctc.org.hk) within 14
days before tender closing date. Tenderers not collecting the tender
documents from the Chinese Temples Committee office shall download
such tender addenda from the Website and incorporate into his tender.
The tender documents shall be taken as having been amended, clarified
or adjusted accordingly upon the issue of these addenda. Such addenda
will only be sent to Tenderer who has collected the tender documents
from Chinese Temples Committee office.
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/11
19. Tender clarifications
(a) The Employer will not consider any clarification or information
submitted by a tenderer after close of tender irrespective of
whether or not the clarification or information is submitted at
the invitation of the Employer if such clarification or
information would alter the tender in substance or give the
tenderer an advantage over the other tenderers.
(b) Without prejudice to the generality of sub-clause (a) of this
Clause, where the Quantity Surveyor has after close of tender
invited a tender to submit further information or clarification,
the tenderer shall submit the requested information or
clarification within the time specified in such invitation or in
such further time as the Employer may allow.
20. Unreasonably low bids
Without prejudice to the generality this Conditions of Tendering, the
Employer may reject a tender which in the opinion of the Employer is
unreasonably low in terms of price and may therefore affect the
tenderer’s capability to carry out and complete the Contract and/or
deliver work of the quality required in accordance with the terms of
the Contract.
21. Copyright
(a) The documents, plans, drawings or other materials forming part
of the tender documents shall only be used by a tenderer or any
person authorized or licensed by the tenderer for the purpose of
preparing his tender. All other rights in the aforesaid
materials are reserved by the relevant copyright owners. The
tenderer shall be liable to the Employer for breach of the
foregoing by any such person as if the breach were committed by
the tenderer.
(b) The tenderer shall indemnify and keep indemnified the Employer
against all losses, liabilities, damages, costs, legal costs,
professional and other expenses of any nature whatsoever
incurred or suffered by the Employer whether direct or
consequential arising out of any disputes or other claims or
proceedings against the Employer by any third party by reason of
any breach of sub-clause (a) above by the tenderer or any person
authorized or licensed by the tenderer. In this connection the
tenderer shall submit with his tender a Letter of Indemnity in
the form set out in Appendix B to these Conditions of Tendering
duly executed by the tenderer.
22. Alternative tenders or designs uninvited
Alternative tenders or designs for which no invitation has been made
shall not be considered.
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/12
23. Offering gratuities
The tenderer shall not and shall ensure that his agents, consultants
and employees shall not offer or give any advantage, gratuity, bonus,
discount, bribe or loan of any sort to any agent or employee of the
Employer or to the Quantity Surveyor or to any member of their staff.
Any breach of or non-compliance with this Clause by the tenderer
shall, without affecting the tenderer’s liability for such breach or
non-compliance, invalidate his tender.
24. Anti-collusion
(a) Subject to sub-clause (d) of this Clause, the tenderer shall not
communicate to any person other than the Employer the amount of
the tender price or any part thereof until the tenderer is
notified by the Employer of the outcome of the tender exercise.
(b) Further to sub-clause (a) of this Clause, the tenderer shall not
fix the amount of the tender price or any part thereof by
arrangement with any other person, make any arrangement with any
person about whether or not he or that other person will or will
not submit a tender or otherwise collude with any person in any
manner whatsoever in the tendering process.
(c) Any breach of or non-compliance with the sub-clauses (a) and (b)
by the tenderer shall, without affecting the tenderer’s
liability for such breach or non-compliance, invalidate his
tender.
(d) Sub-clause (a) of this Clause shall have no application to the
tenderer’s communications in strict confidence with:
(i) his own insurers or brokers to obtain an insurance
quotation for computation of tender price;
(ii) his consultants or sub-contractors to solicit their
assistance in preparation of tender submission; and
(iii) his bankers in relation to financial resources for the
Contract.
(e) The tenderer shall submit with his tender a duly signed and
witnessed letter in the form set out in Appendix C to these
Conditions of Tendering. The signatory to the letter shall be a
person authorized to sign Government contracts on the tenderer’s
behalf.
(f) The tenderer shall indemnify and keep indemnified the Employer
against all losses, damages, costs or expenses arising out of or
in relation to any breach of or non-compliance with this Clause
by the tenderer, including but not limited to additional costs
due to price escalation, costs and expenses of re-tendering and
other costs incurred.
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/13
25. Statement of convictions under the Immigration Ordinance (Cap. 115)
(a) A tender will not be considered if, during the 12-month period
prior to the date set for the close of tender, or if this has
been extended, the extended date, the tenderer has had three or
more convictions in respect of separate incidents under Sections
17I or 38A of the Immigration Ordinance (Cap. 115) for employing
illegal workers or for having illegal workers on any site under
the tenderer’s control, whether or not he has been formally
suspended as a result of such convictions. Illegal workers
shall mean any persons on construction sites who are illegal
immigrants; or any persons who, being not lawfully employable by
virtue of Section 17G(2) of the Immigration Ordinance, have
committed an offence under Section 41 by contravening the
conditions of stay in force in respect of them.
(b) The tenderer shall submit with the tender, either a statement of
all convictions under Sections 17I or 38A of the Immigration
Ordinance (Cap. 115) for employing illegal workers or for having
illegal workers for all sites under his control (whether they
are sites under public or private contracts) during the 12-month
period prior to the date set for the close of tender, or if this
has been extended, the extended date, the details of which shall
include the legislation violated, dates of offences, dates of
convictions and the associated fine imposed by the court, site
addresses, contract numbers and contract titles, or a statement
of “no conviction”. The statement shall be certified by a person
authorized to sign Government contracts on the tenderer’s behalf.
(c) Where the tenderer is a company it shall disclose any change of
name made during the period of twelve months prior to the date
set for the close of tender, or if this has been extended, the
extended date, and shall include in its statement of all
convictions any conviction recorded under any previous name.
(d) A standard form is provided in Appendix D to the Conditions of
Tendering for this purpose.
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/14
26. Statement of convictions under the Employment Ordinance (Cap. 57)
(a) A tender will not be considered if, during the 12-month period
prior to the date set for the close of tender, or if this has
been extended, the extended date, the tenderer has had three or
more convictions in respect of separate incidents under the
Employment Ordinance (Cap. 57) on any site under the tenderer’s
control, whether or not he has been formally suspended as a
result of such convictions.
(b) The tenderer shall submit with the tender, either a statement of
all convictions under the Employment Ordinance (Cap. 57) for all
sites under his control (whether they are sites under public or
private contracts) during the 12-month period prior to the date
set for the close of tender, or if this has been extended, the
extended date, the details of which shall include the
legislation violated, dates of offences, dates of convictions
and the associated fine imposed by the court, site addresses,
contract numbers and contract titles, or a statement of “no
conviction”. The statement shall be certified by a person
authorized to sign Government contracts on the tenderer’s behalf.
(c) Where the tenderer is a company it shall disclose any change of
name made during the period of twelve months prior to the date
set for the close of tender, or if this has been extended, the
extended date, and shall include in its statement of all
convictions any conviction recorded under any previous name.
(d) A standard form is provided in Appendix E to the Conditions of
Tendering for this purpose.
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/15
27. Tenderer's Consent and Authorization on Conviction Records
The Tenderer shall submit with the tender a duly signed letter in the
form set out in Appendix F to these Conditions of Tendering giving
consent to the Chinese Temples Committee (CTC) to obtain from all
relevant government departments/bureau, authorizing such relevant
government departments/bureau to release and make available to the
CTC and giving further consent to the CTC to furnish to the Quantity
Surveyor, all information relating to his convictions, including the
legislation violated, dates of offences, dates of convictions and the
associated fine imposed by the court, site addresses, contract
numbers and contract titles for offences under the following
ordinances (including all subsidiary legislation made thereunder) and
specific subsidiary legislation (if any):
(a) Section 17I and Section 38A of the Immigration Ordinance (Cap
115); and
(b) Employment Ordinance (Cap 57);
The letters shall be signed by a person authorized to sign Government
contracts on the tenderer’s behalf.
28. Outline Safety Plan
(a) The tenderer shall submit with his tender an outline Safety Plan
which shall be the tenderer’s proposals to ensure safety and
health in the execution of the Works and which shall be able to
demonstrate his capability in identifying and managing risks in
the execution of the Works. The outline Safety Plan shall start with a formal statement of policy on safety and health and shall
include:
(i) identification of safety and health hazards which may be
encountered in the execution of the Works;
(ii) an outline of proposed safety and health measures for the
control and prevention of such safety and health hazards,
and
(iii) the manner by which safety and health measures will be
implemented and monitored.
(b) The Plan shall be used for the purpose of tender assessment and
shall not form part of the Contract.
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/16
29. Outline Environmental Management Plan
(a) The tenderer shall submit an Outline Environmental Management
Plan, which shall be the tenderer’s proposal to:
(i) minimize the environmental nuisances of air, noise and
wastewater pollution; and
(ii) minimize the generation of surplus construction and
demolition (C&D) materials, in particular, the proposed
measures to avoid/minimize the use of timber for
Temporary Works construction, to effectively carry out
on-site sorting of C&D materials and to minimize the
generation of C&D waste from equipment/material packaging
during the course of the Works.
(b) The Outline Environmental Management Plan shall be specific to
the Site and used for the preparation of the Environmental
Management Plan after the Contract is awarded. It shall not form
part of the Contract.
30. One tender only for Holding Companies or subsidiaries
(a) No tenderer is permitted to submit more than one tender for each
contract.
(b) Failure to observe the above condition shall render all related
tenders null and void and any such tenders shall not be
considered.
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/17
31. Ethical commitment
(a) The tenderer shall not, and shall procure that his employees,
agents and sub-contractors shall not, offer, solicit or accept
an advantage as defined in the Prevention of Bribery Ordinance,
Cap. 201 in connection with the tendering and execution of this
contract.
(b) Failure to so procure or any act of offering, soliciting or
accepting advantage referred to in (a) above committed by the
tenderer or by an employee, agent or sub-contractor of the
tenderer shall, without affecting the tenderer’s liability for
such failure and act, result in his tender being invalidated.
32. Tender cost
The Employer shall not in any circumstances be liable for any costs,
expenses and damages incurred or suffered by the tenderers in
connection with the preparation and submission of their tenders, in
the event that this tender exercise is cancelled on any grounds.
33. Programme of Works
(a) The tenderer shall submit with his tender a construction
programme showing the phasing and construction times of the
major items of the Works. The tenderer shall take cognizance of
any sequence, method or timing of construction specified in the
Contract.
(b) The programme to be submitted with the tender shall be in the
form of a bar chart showing the earliest and latest start and
finish dates for each major item and the critical path.
(c) The submission of this programme is for the tenderer to
demonstrate his understanding of and his capability in
programming the Works for the Contract.
(d) The programme shall not form part of the Contract.
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/18
34. ISO 9000
(a) The tenderer shall submit :
Either
(i) a copy of his ISO 9001:2008 certificate acceptable to the
Employer showing the scope of certification and a
statement either:
(1) confirming that there is no area/aspect in the
Contract which his quality system specifically
excludes; or
(2) disclosing the areas/aspects in the Contract which
his quality system specifically excludes.
Or
(ii) where the tenderer due to circumstances beyond his
control has not obtained ISO 9001:2008 certification:
(1) a copy of the confirmation from a certification
body acceptable to the Employer, stating that a
full review of the Quality Manual of the tenderer's
Hong Kong office has been carried out in Hong Kong
and such Quality Manual has been found to be in
conformity with the requirements of the ISO
9001:2008 standard; and
(2) an undertaking that within three months of the
acceptance of tender, he would book with the
certification body the date of audit for the ISO
9001:2008 certification; with detailed documented
quality system procedures ready at the time of
booking.
35. Confidentiality
Tenderers must not disclose any information contained in the tender
documents to any third party without the prior consent of the
Employer. The Employer may reject a tender submitted by a tenderer
who is in breach of this Clause.
CONDITIONS OF TENDERING
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/19
36. The Marking Scheme Approach to Tender Evaluation
Tenderers should note that tenders will be evaluated in accordance
with the marking scheme at Appendix G to these Conditions of
Tendering. Tenderers should note DEVB TC(W) No. 4/2014 which sets
out the use of marking scheme for tender evaluation. Tenderers shall
note that the Employer is not bound to accept the tender with the
highest overall score or any tender and may cancel the tender
exercise at his discretion. In considering the acceptance of a tender,
the Employer will take account of all relevant circumstances
including the following:-
(a) The overall score;
(b) The effect of exceptionally high or low priced items;
(c) The tenderer’s capability (financially, commercially and
technically) in undertaking the contract. For the avoidance of
doubt, matters such as bankruptcy, false declaration, lack of
integrity, acts of dishonesty, the latest available information
and reports reflecting serious shortfall in performance and the
latest available information and reports relating to serious
site safety or environmental incidents may be taken into account
in determining whether a tenderer is fully capable of
undertaking the contract; and
(d) The effect of erratic pricing determined in accordance with
Clause 17 of these Conditions of Tendering.
Tenderers are required to make a technical submission in accordance
with Clause 3(b)(16) of these Conditions of Tendering, which will be
taken into account in the tender evaluation. The submissions on
technical resources and technical proposals shall form part of the
Contract. The tender price submitted in the Tender is deemed to be
inclusive of the execution of the Works in accordance with the
submissions on technical resources and technical proposals.
Tenderers shall ensure that it is legally and physically possible to
execute the Works in accordance with the submitted technical
proposals. Should the Contractor for any reason be unable to adhere
to the submissions on technical resources and technical proposals,
any cost savings to the Contractor arising therefrom shall be
determined by the Quantity Surveyor and deducted from the Contract
Sum. For the avoidance of doubt, the Contractor shall not be entitled
to any additional payment or extension of time for completion for the
execution of the Works in a manner which differs from the submissions
on technical resources and technical proposals. Tenderers’ attention
is drawn to Special Conditions of Contract Clause SCC50.
37. Tender Briefing
Tender Briefing will be arranged for this Tender and details of the
Briefing arrangement has been set out in Letter of Invitation to
Tender.
APPENDIX A TO CONDITIONS OF TENDERING –
STATEMENT OF CURRENT/OUTSTANDING CONTRACTS
IN HAND
Ap
pen
dix
A t
o C
on
dit
ion
s o
f T
end
erin
g
Sta
tem
ent
of
Cu
rren
t/O
uts
tan
din
g C
on
tract
s in
Han
d
[Ref
eren
ce:
Co
nd
itio
ns
of
Ten
der
ing
Cla
use
3(b
)(5
)]
DE
SIG
N A
ND
CO
NS
TR
UC
T S
MO
KE
AB
AT
EM
EN
T P
LA
NT
AN
D A
SS
OC
IAT
ED
WO
RK
S
FO
R R
EP
LA
CE
ME
NT
OF
EX
IST
ING
SM
OK
E A
BA
TE
ME
NT
PL
AN
T
AT
KW
UN
YU
M T
EM
PL
E (
HU
NG
HO
M)
G:/
7171.4
CT
/AP
PA
/1
RE
ST
RIC
TE
D (
TE
ND
ER
S)
Des
ign a
nd
Co
nst
ruct
Sm
oke
Ab
atem
ent
Pla
nt
and
A
sso
ciat
ed W
ork
s fo
r R
epla
cem
ent
of
Exis
tin
g S
mo
ke
Ab
atem
ent
Pla
nt
at K
wu
n Y
um
Tem
ple
(H
un
g H
om
)
Nam
e o
f te
nd
erer
:
Co
ntr
act
No
.
Co
ntr
act
Tit
le
Co
ntr
actu
al P
erio
d
(Mai
nte
nance
Per
iod
excl
ud
ed)
Co
ntr
act
Su
m
'$'
Outs
tand
ing B
alance
of
Co
ntr
act
'$'
Tim
e R
equir
ed t
o C
om
ple
te
'Mo
nth
s'
Fro
m
To
Pub
lic
Wo
rks
(incl
ud
ing H
osp
ital
Auth
ori
ty)
Ho
usi
ng A
uth
ori
ty
Pri
vat
e S
ecto
r
Sig
ned
:
P
erso
n A
uth
ori
sed
on t
he
tend
erers
beh
alf
Dat
e:
APPENDIX B TO CONDITIONS OF TENDERING –
LETTER OF INDEMNITY
(FOR EXECUTION BY THE TENDERER)
Letter of Indemnity (for execution by the tenderer)
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPB/1
[Reference: Conditions of Tendering Clause 21 (Copyright)]
Appendix B to Conditions of Tendering
To : Chinese Temples Committee
From : [ ]
Date : [ ]
Dear Sirs,
Letter of Indemnity for
Design and Construct Smoke Smoke Abatement Plant and Associated Works
for Replacement of Existing Smoke Abatement Plant
at Kwun Yum Temple (Hung Hom)
I/We refer to my/our tender (“the tender”) for the above Contract.
In consideration of your agreeing to consider the tender I/we hereby irrevocably and
unconditionally agree to indemnify you against all losses, liabilities, damages, costs, legal
costs, professional and other expenses of any nature whatsoever which you have incurred or
suffered as a result of the violation of Condition of Tendering Clause 21 (a) by me/us and/or
any person authorized or licensed by me/us. [We agree that we shall be jointly and severally
liable for our obligations under this letter of indemnity and all references to “we” shall take
effect as references to all of us or any of us and the words “us” and “our” shall
be construed accordingly.] I/We hereby represent that, with respect to my/our obligations,
liabilities or any other matter under or arising out of or in connection with this letter of
indemnity, neither I/we nor any of my/our properties or assets have, in the Hong Kong Special
Administrative Region, or in any other jurisdiction, any right of immunity on the grounds of
sovereignty or otherwise from any legal action, suit or proceedings; from the giving of relief
in any legal action, suit or proceedings; from set-off or counterclaim; from the jurisdiction of
any court, in the Hong Kong Special Administrative Region or in any other jurisdiction; from
service of process upon us or any agent; from attachment prior to judgment in order to obtain
satisfaction thereof; from attachment after judgment or from execution or any other process
for the endorsement of any judgment or other legal process in any jurisdiction; and to the
extent that I/We am/are or become entitled to any immunity as aforesaid, in the Hong Kong
Special Administrative Region or in any other jurisdiction with respect to my/our obligations,
liabilities or any other matter under or arising out of or in connection with this letter of
indemnity, I/we hereby and will irrevocably and unconditionally waive and agree not to plead
or claim any such immunity. I/We further consent to the giving of any relief in any legal
action, suit or proceeding and to execution and or any other form of process for the
enforcement of any judgment against me/us or my/our assets.
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPB/2
This letter of indemnity shall be governed by and construed in all respects according to the
laws for the time being in force in the Hong Kong Special Administrative Region and I/we
hereby submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special
Administrative Region.
(1) *(a) SIGNED, SEALED and DELIVERED
by [name of sole proprietor]
trading as [name of the tenderer]
in the presence of:
........................................................................
[Name]
[Occupation]
[Address]
)
)
)
)
)
)
)
)
)
)
[Signature of the sole
proprietor]1
or
*(b) SIGNED, SEALED and DELIVERED by
[name of partner] and
[name of partner]^
being the partners of [name of the tenderer]
in the presence of:
........................................................................
[Name]
[Occupation] )
[Address]
)
)
)
)
)
)
)
)
)
)
)
[Signature of the
individual partner]1
[Signature of the
individual partner]1
or
*(c) Executed and delivered
as a deed and the COMMON SEAL
of [name of the tenderer]
was affixed in the presence of
[ ] its [director(s) or
director and secretary or person(s)
authorized to sign the letter of indemnity by
its board of directors]2
in the presence of a witness:
........................................................................
[Name]
[Occupation]
[Address]
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
[Signature of the
director(s) etc]1
or
L.S
L.S
L.S
Common
Seal
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPB/3
*(d) Executed and delivered
as a deed
by [name of the tenderer]
acting through
[ ] (its sole director)
or
[ ] and [ ] (its directors)
or
[ ] (its director) and
[ ] (its company secretary)2
in the presence of a witness:
........................................................................
[Name]
[Occupation]
[Address]
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
[Signature of
the director(s)
etc]1
or
*(e) SIGNED, SEALED and DELIVERED by
[name of the tenderer] by
[ ]
his/her/its3 attorney under power of attorney
dated [ ]
in the presence of:
........................................................................
[Name]
[Occupation]
[Address]
)
)
)
)
)
)
)
)
)
)
)
)
[Signature of the
attorney]1
(2) ditto 1
(3) ditto 2 et seq
L.S.
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPB/4
Note:
(a) For use where the tenderer is a sole proprietor.
(b) For use where the tenderer is a partnership. (c) For use where the tenderer is a company incorporated in Hong Kong and executes the deed with a
Common Seal.
(d) For use where the tenderer is a company incorporated in Hong Kong and executes the deed without a
Common Seal.
(e) For use where the tenderer executes the deed under a power of attorney.
* When preparing this document for signature, delete the inappropriate attestation clause options.
Delete the guidance wording, lettering and numbers against the remaining appropriate option.
^ The deed shall be executed by all the partners. Add more names if required.
1 The italic parts are not part of the execution clause. They are for guidance or information only.
2 Select the correct expression for use. If none is applicable, insert an appropriate expression.
3 Delete as appropriate.
All Guidance Notes above, in bold lettering, should be deleted when preparing this document for
signature.
APPENDIX C TO CONDITIONS OF TENDERING –
LETTER OF ANTI-COLLUSION UNDERTAKING
Appendix C to Conditions of Tendering
Letter of Anti-collusion Undertaking
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPC/1
[Reference: Conditions of Tendering Clause 24 (Anti-collusion)]
To: Chinese Temples Committee Date : ____________ Dear Sir/Madam,
Design and Construct Smoke Abatement Plant and Associated Works
for Replacement of Existing Smoke Abatement Plant
at Kwun Yum Temple (Hung Hom)
Letter of Anti-collusion Undertaking
*[I/We], [(Name of the tenderer) of (Address of the tenderer)],
1 refer to
*[my/our] tender for the above Contract.
*[I/We] confirm that, before *[I/we] sign this letter, *[I/we] have read and fully understand this letter and the anti-collusion clause in Conditions of Tendering Clause 24.
*[I/We], represent and warrant that in relation to the tender for the above Contract:
(i) *[I/We], other than the Excepted Communications referred to in the last paragraph of this letter, have not communicated and will not communicate to any person other than the Employer the amount of the tender price or any part thereof until *[I/we] have been notified by the Employer of the outcome of the tender exercise;
(ii) *[I/We] have not fixed and will not fix the amount of the tender price or any
part thereof by arrangement with any person; (iii) *[I/We] have not made and will not make any arrangement with any person as
to whether *[I/we] or that other person will or will not submit a tender; and (iv) *[I/We] have not otherwise colluded and will not otherwise collude with any
person in any manner whatsoever in the tendering process.
*[I/We] shall indemnify and keep indemnified the Employer against all losses, damages, costs or expenses arising out of or in relation to any breach of any of the representations and/or warranties above, including but not limited to damages for delay, costs and expenses of re-tendering and other costs incurred.
In this letter, the expression “Excepted Communications” means *[my/our]
communications in strict confidence with:
(i) *[my/our] own insurers or brokers to obtain an insurance quotation for
computation of tender price;
(ii) *[my/our] consultants or sub-contractors to solicit their assistance in preparation of tender submission; and
Appendix C to Conditions of Tendering
Letter of Anti-collusion Undertaking
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPC/2
(iii) *[my/our] bankers in relation to financial resources for the Contract.
Signed for and on behalf of [name of the tenderer] by
[name and position of the signatory]2:
__________________________________
Name of Witness: ___________________
Signature of Witness: ________________
Occupation: _______________________
[Guidance Notes:
* Delete as appropriate.]
APPENDIX D TO CONDITIONS OF TENDERING –
STATEMENT OF CONVICTIONS
(IMMIGATION ORDINANCE)
Appendix D to Conditions of Tendering
Statement of Convictions (Immigration Ordinance)
[Reference: Conditions of Tendering Clause 25]
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPD/1
RESTRICTED (TENDERS)
Design and Construct Smoke Abatement Plant and Associated Works
for Replacement of Existing Smoke Abatement Plant
at Kwun Yum Temple (Hung Hom)
Name of tenderer:
During the last 12 months@
, this company has *no/the following/conviction(s) under the Immigration
Ordinance, Cap. 115 for the offence of employing illegal workers or for having illegal workers on sites under our
control.
Construction Site
#Offences
Date of Conviction
(i) Government
(ii) Private Sector
Signed:
Person Authorised on the
tenderers behalf
Date:
* Delete as appropriate.
# Insert “A” for the offence of employing illegal workers and “B” for the offence of having illegal workers on
sites under your control. @
or other period as specified by the Architect/Supervising Officer/Maintenance Surveyor and to tally with the
requirements in the marking scheme (if applicable).
APPENDIX E TO CONDITIONS OF TENDERING –
STATEMENT OF CONVICTIONS
(EMPLOYMENT ORDINANCE)
Appendix E to Conditions of Tendering
Statement of Convictions (Employment Ordinance)
[Reference: Conditions of Tendering Clause 26]
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPE/1
RESTRICTED (TENDERS)
Design and Construct Smoke Abatement Plant and Associated Works
for Replacement of Existing Smoke Abatement Plant
at Kwun Yum Temple (Hung Hom)
Name of tenderer:
During the last 12 months@
, this company has *no/the following/conviction(s) under the Employment
Ordinance (Cap. 57)
Offences
Date of Conviction
Signed:
Person Authorised on the
tenderers behalf
Date:
* Delete as appropriate. @
or other period as specified by the Architect/Supervising Officer/Maintenance Surveyor and to tally with
the requirements in the marking scheme (if applicable).
APPENDIX F TO CONDITIONS OF TENDERING –
– LETTER OF CONSENT AND AUTHORIZATION ON
CONVICTION
Appendix F to Conditions of Tendering
Letter of Consent and Authorization on Conviction
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 - CT/APPF/1 –
LETTER OF CONSENT AND AUTHORIZATION ON CONVICTION
Date:
TO WHOM IT MAY CONCERN
Dear Sirs,
Re: Design and Construct Smoke Abatement Plant and Associated Works
for Replacement of Existing Smoke Abatement Plant
at Kwun Yum Temple (Hung Hom)
We hereby give consent to the Chinese Temples Committee (CTC) to obtain from all relevant
government departments/bureaux and authorize such relevant government
departments/bureaux to release and make available to CTC information relating to our
conviction records (if any), including the legislation violated, dates of offences, dates of
convictions and the associated fine imposed by the court, site addresses, contract numbers
and contract titles, for offences under the following ordinances (including all sub-legislation
made thereunder) and specific sub-legislation (if any) for the purposes of assessment of our
submission in this tendering exercise.
(i). Section 17I and Section 38A of the Immigration Ordinance (Cap. 115); and
(ii). Employment Ordinance (Cap. 57)
We give further consent to the CTC to furnish such information to his Quantity Surveyor /
Architect for the same purposes.
Signature
Name and Post
Company
APPENDIX G TO CONDITIONS OF TENDERING –
MARKING SCHEME IN TENDER EVALUATION
Appendix G to Conditions of Tendering
Marking scheme in tender Evaluation
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPG/1
Marking Scheme in Tender Evaluation
1. The following marking scheme will be used in evaluating the Technical Submission:
(a) Weighting Distribution
Attributes Sub-section
Max. Mark
Section (1) - Tenderer’s Experience
Relevant design and build contracts completed in the past 10
years, counting from the original date set for the close of tender, to
demonstrate that the tenderer has relevant
(a) Contract management experience 5
(b) Technical experience in
(i) Design and installation of smoke abatement plants and
joss paper furnace at Chinese temples; and
10
(ii) Maintenance of smoke abatement plants and joss paper
furnace at Chinese temples.
5
Subtotal 20
Section (2) – Tenderer’s Technical Resources
Proposed managerial, professional and technical staff
(i) Project Manager 5
(ii) Independent Design Checking Engineer 5
(iii) Project Engineer 5
(iv) Site Safety Officer 5
Subtotal 20
Appendix G to Conditions of Tendering
Marking scheme in tender Evaluation
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPG/2
Section (3) - Tenderer’s Technical Proposal
Construction Aspects
(i) Method Statements that detail the Tenderers’ approach to
demolish the existing smoke abatement plant and the structural
support;
5
(ii) Method Statements that detail the Tenderers’ approach to
deliver and install the smoke abatement plant and construct the
structural supporting structure;
5
(iii) Method Statements that detail the Tenderers’ approach on
co-ordinating the interfacing works with contractor and temple
operator, including proposed measures on how to deal with
interfacing issues related to move in and move out before and
during construction period; and
10
(iv) Method Statement for protection of public and existing
building structure during the construction of the work that detail
the Tenderers’ approach to the following issues that are specific to
this contract:
Temple is open during the construction period
10
Subtotal 30
Section (4) Tenderer’s Design
Design Aspects
(i) Drawings that detail the design appearance of smoke
abatement plant with supporting structure;
7
(ii) Photomontage that showing the overall view of the
completed smoke abatement plant with supporting structure;
(iii) Life-span, user friendly, running cost and environmental
friendliness of smoke abatement plant; and
7
8
(iv) When the smoke abatement plant operating at maximum
design capacity of 20kg/h, it should achieve that the Total
Suspended Particulates of air at the exhaust air duct of the plant
SHALL NOT exceed 30mg/m3 (30 min. average).
8
Subtotal 30
Total 100
Appendix G to Conditions of Tendering
Marking scheme in tender Evaluation
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPG/3
(b) Marking Standard
As a matter of principle, there shall be no negative marks or marks exceeding the
full mark given for any attributes.
For the Marking Standard set out for Section (2) to (4), each attribute will be
assessed and grades will be given. The grades to be used and the corresponding
grading factors are as follows:-
Note: Intermediate grading factors will not be used
Grade Grading Factor
Very Good 1.0
Good 0.7
Satisfactory 0.5
Less than satisfactory 0.2
Poor 0.0
Appendix G to Conditions of Tendering
Marking scheme in tender Evaluation
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPG/4
Attribute Marking
Section
(1)(a)
Relevant contracts undertaken by the tenderer completed in the past 10 years,
counting from the original date set for the close of tender, shall be considered.
In principle, the tender shall be assessed on the information submitted in tender
submission. Any contract which is not substantiated with adequate and credible
evidence or the information as to the contract’s existence, substantial completion
or content of the works so supplied is conflicting will be disregarded and will not
be given any further consideration.
The minimum requirement is that the tenderer should demonstrate that has
undertaken at least two design and build contracts of which the value of each
contract at the time of contract award should not be less than HK$300,000
completed within the past 10 years, irrespective of its commencement date. The
full value of the works should be taken into account. The original contract sum at
the time of the contract award will be taken as the full value of the works.
Marking
(percentage of the
full mark)
Assessment
50% if the tenderer satisfies the minimum requirement.
70%
85%
100%
if the total number of relevant contracts undertaken by the
tenderer in the past 10 years, each with value over
HK$300,000, equals to or exceeds 3.
if the total number of relevant contracts undertaken by the
tenderer in the past 10 years, each with value over
HK$300,000, equals to or exceeds 5.
if the total number of relevant contracts undertaken by the
tenderer in the past 10 years, each with value over
HK$300,000, equals to or exceeds 7.
Contracts undertaken in the capacity as a sub-contractor will NOT be considered.
The experience of a parent, subsidiary or affiliated company will NOT be
considered.
The mark for each attribute will be obtained by multiplying the maximum mark by the
relevant grading factor in the above table to the grade given. The cumulative mark for all
attributes under each section will derive the total for that Section.
Appendix G to Conditions of Tendering
Marking scheme in tender Evaluation
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPG/5
Attribute Marking
Section
(1)(a)
(Cont’d)
Contracts which are still on-going (except for landscape establishment works),
irrespective of the date of commencement of the contract, will NOT be considered.
Sectional completions, not being the last section completed excluding
establishment works, if any, will NOT be considered.
Completion here means “certified complete” by the Architect and applies to the
contract as a whole (excluding Maintenance Periods).
If there is a need to extend the tender period, the assessment of the qualification
of the tenderers’ 10-year experience requirement will be based on the original
date set for the close of tender and would not be affected by the extension.
If foreign currencies are involved in assessing the value of the contracts
completed, the exchange rate for conversion to HK currency shall be the average
between the buy and sell TT rates sourced from the Hong Kong Association of
Banks available from its website’s historical data for the original date set for the
close of tender or, if this has been extended, the extended date. For contracts
using ex-European currencies, such as ex-European currencies shall be converted
to the Euro Currency using the exchange rate at the first date Euro currency rate
cam into the market, before conversion to Hong Kong Currency.
Appendix G to Conditions of Tendering
Marking scheme in tender Evaluation
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPG/6
Attribute Marking
Section
(1)(b)
Contracts undertaken by the tenderer and completed in the past 10 years, counting
from the original date set for the close of tender, shall be considered.
In principle, the tender shall be assessed on the information submitted in tender
submission. Any contract which is not substantiated with adequate and credible
evidence or the information as to the contract’s existence, substantial completion
or content of the works so supplied is conflicting will be disregarded and will not
be given any further consideration.
The minimum requirement is that the tenderer should demonstrate that he (i) has
undertaken at least two contracts involving design and installation of smoke
abatement plants and joss paper furnace at Chinese temples, with a value of the
design and installation of smoke abatement plants and joss paper furnace at
Chinese temples work not less than HK$300,000 and completed within the past
10 years, irrespective of its commencement date; and (ii) has undertaken at least
two contracts involving maintenance of smoke abatement plants and joss paper
furnace at Chinese temples, with a value of the maintenance contract not less than
HK$50,000 and completed within the past 10 years, irrespective of its
commencement dates.
The original value of the design and installation works and maintenance works
at the time of the contract award will be taken as the full value of the works for (i)
and (ii) respectively.
Appendix G to Conditions of Tendering
Marking scheme in tender Evaluation
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPG/7
Section
(1)(b)
(Cont’d)
Marking
(percentage of the
full mark of Section
(1)(b)(i))
Assessment
50% if the tenderer satisfies the minimum requirement.
70% if the total number of relevant contracts undertaken by the
tenderer in the past 10 years, each with a value of the
design and installation of smoke control system, smoke
abatement plants and joss paper furnace at Chinese
temples of over HK$300,000, equals to or exceeds 3.
85%
100%
if the total number of relevant contracts undertaken by the
tenderer in the past 10 years, each with a value of the
design and installation of smoke control system, smoke
abatement plants and joss paper furnace at Chinese
temples of over HK$300,000, equals to or exceeds 5.
if the total number of relevant contracts undertaken by the
tenderer in the past 10 years, each with a value of the
design and installation of smoke control system, smoke
abatement plants and joss paper furnace at Chinese
temples of over HK$300,000, equals to or exceeds 7.
Marking
(percentage of the
full mark of Section
(1)(b)(ii))
Assessment
50% if the tenderer satisfies the minimum requirement.
70% if the total number of relevant contracts undertaken by the
tenderer in the past 10 years, each with a value of the
maintenance of smoke abatement plants and joss paper
furnace at Chinese temples of over HK$50,000, equals to
or exceeds 3.
Appendix G to Conditions of Tendering
Marking scheme in tender Evaluation
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPG/8
Section
(1)(b)
(Cont’d)
85%
100%
if the total number of relevant contracts undertaken by the
tenderer in the past 10 years, each with a value of the
maintenance of smoke abatement plants and joss paper
furnace at Chinese temples of over HK$50,000, equals to
or exceeds 5.
if the total number of relevant contracts undertaken by the
tenderer in the past 10 years, each with a value of the
maintenance of smoke abatement plants and joss paper
furnace at Chinese temples of over HK$50,000, equals to
or exceeds 7.
For Section (1)(b)(i) and (ii), contracts undertaken in the capacity as a
sub-contractor will NOT be considered. The experience of a parent, subsidiary or
affiliated company will NOT be considered.
Contracts which are still on-going (except for landscape establishment works),
irrespective of the date of commencement of the contract, will NOT be considered.
Sectional completions, not being the last section completed excluding
establishment works, if any, will NOT be considered.
If there is a need to extend the tender period, the assessment of the qualification of the tenderers’ and his sub-contractors’ 10-year experience requirement will be based on the original date set for the close of tender and would not be affected by the extension. If foreign currencies are involved in assessing the value of the contracts completed, the exchange rate for conversion to HK currency shall be the average between the buy and sell TT rates sourced from the Hong Kong Association of Banks available from its website’s historical data for the original date set for the close of tender or, if this has been extended, the extended date. For contracts using ex-European currencies, such as ex-European currencies shall be converted to the Euro Currency using the exchange rate at the first date Euro currency rate cam into the market, before conversion to Hong Kong Currency.
Appendix G to Conditions of Tendering
Marking scheme in tender Evaluation
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPG/9
Section
(2)
Assessment will be based on the following:
In principle, the tender shall be assessed on the information as stated in the form
at Appendix G(2) to the Conditions of Tendering in the tender submission. Any
proposed managerial, professional and technical staff and the associated
qualification and experience which is not substantiated with adequate and
credible evidence or content of the qualification and experience so supplied is
conflicting will NOT be given marks.
The requirement is that the key staff of the project team shall have the minimum
qualification and experience as set down in the following table:-
Key Staff of
Project Team Minimum qualification Minimum Experience
(i) Project Manager HKIS(BS) / MCIOB or
equivalent in Building
Construction discipline
5 years post professional qualification
experience in construction contracts, among
which at least 2 years particular relevant
experience should be in design and
installation of smoke abatement plants at
Chinese temples.
(ii) Independent
Design Checking
Engineer
AP/RSE/RGE or
equivalent in appropriate
discipline
3 years post professional qualification
experience in construction contracts, among
which at least 1 year particular relevant
experience should be in design and
installation of smoke abatement plants at
Chinese temples
(iii) Project
Engineer University degree or
equivalent in building
construction discipline or
in appropriate discipline
4 years experience in construction contracts,
among which at least 2 years particular
relevant experience should be in design and
installation of smoke abatement plants at
Chinese temples..
(iv) Site Safety
Officer
Registered Safety Officer
under Factories and
Industrial Undertakings
(Safety Officers and Safety
Supervisors) Regulations
5 years of experience in management and
implementation of site safety matters on
construction site, among which at least with
one contract value not less than $0.5M.
Appendix G to Conditions of Tendering
Marking scheme in tender Evaluation
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPG/10
Section
(2)
(Cont’d)
“Very Good” grade will be given if the proposal has addressed all corresponding issues for section (2)(i), (ii), (iii) or (iv) respectively as stated in the form at Appendix G(2) to the Conditions of Tendering and if the staff can meet both the minimum qualification and minimum experience plus an extra 4 years of particular relevant experience as detailed respectively in the following table.
“Good” grade will be given if the proposal has addressed all corresponding issues for section (2)(i), (ii), (iii) or (iv) respectively as stated in the form at Appendix G(2) to the Conditions of Tendering and if the staff can meet both the minimum qualification and minimum experience plus an extra 2 years of particular relevant experience as detailed respectively in the following table.
Key Staff Extra particular relevant construction experience for
(i) Project Manager Design and installation of smoke abatement plants at Chinese temples and demolition of steel structure within a building.
(ii) Independent
Design Checking
Engineer
Design and installation of smoke abatement plants at Chinese temples and demolition of steel structure within a building; design and construction of structural supporting structure.
(iii) Project
Engineer
Design and installation of smoke abatement plants at Chinese temples and demolition of steel structure within a building.
(iv) Site Safety
Officer
High level working platform, (over 15m from floor level); and site partially occupied by public during construction
“Satisfactory” grade will be given if the proposal has addressed all corresponding issues for section (2)(i), (ii), (iii) or (iv) respectively as stated in the form at Appendix G(2) to the Conditions of Tendering and if the proposed staff can satisfy both the minimum qualification and minimum experience.
Appendix G to Conditions of Tendering
Marking scheme in tender Evaluation
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPG/11
Attribute Marking
Section
(2)
(Cont’d)
“Less than satisfactory” grade will be given if the proposed staff cannot meet either
the minimum experience or the minimum qualification.
“Poor’ grade will be given if the proposed staff cannot meet both the minimum
qualification and minimum experience.
Section
(3)(i) to
(iv)
“Very Good” grade will be given for an excellent method statement in section (3)(i),
(ii), (iii), or (iv) which can satisfy the following:
• identify potential risks/problems associated with the works and recommend
suitable measures to deal with and overcome the potential risks. For example,
tenderer’s proposed method of delivery, installation/construction could reduce
the risks of injury to workers and public when carrying out works at high level
and the temple is opened for worshipping during construction respectively;
• give detail procedures to ensure the quality of design, workmanship, material
satisfy the CTC’s requirements;
• gives a detailed account of all the issues, risks and problems identified;
• minimize the environmental impact and/or provide environmental gains; and
• having proposal that well exceeds the contract requirements offering extra merit
to the project.
“Good” grade will be given for a good method statement in section (3)(i), (ii), (iii),
or (iv) which can satisfy the following:
• identify potential risks/problems associated with the works and recommend
suitable measures to deal with and overcome the potential risks. For example,
tenderer’s proposed method of delivery, installation/construction could reduce
the risks of injury to workers and public when carrying out works at high level
and the temple is opened for worshipping during construction respectively;
• gives detail procedures to ensure the quality of design, workmanship, material
satisfy the CTC’s requirements; and
• gives a detailed account of all the issues identified.
“Satisfactory” grade will be given for a method statement in section (3)(i), (ii), (iii),
or (iv) which has adequately addressed the potential issues, risks and problems
identified.
Appendix G to Conditions of Tendering
Marking scheme in tender Evaluation
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPG/12
Attribute Marking
Section
(3)(i) to
(iv)
(Cont’d)
“Less than satisfactory” grade will be given for a method statement in section
(3)(i), (ii), (iii), or (iv) which fails to adequately address or identify the potential
issues, risks and problems.
“Poor” grade will be given for a method statement in section (3)(i), (ii), (iii), or
(iv) if either it fails to address or identify the potential issues, risks and problems,
or if the proposed method of construction will create high risks and/or
unacceptable disturbance to the public or to the project.
Section
(4)(i) to
(iv)
Assessment and marking of Section (4) (i) to (iii)
“Very Good” grade will be given for an excellent design in section (4)(i), (ii) or
(iii) which can satisfy the following:
• give detail consideration to ensure the quality of design, workmanship,
material satisfy the CTC’s requirements;
• give detail consideration in environment impact and /or provide
environmental gains;
• give detail consideration in maintenance and/or running cost and/or user
friendly; and
• having proposal that well exceeds the contract requirements offering extra
merit to the project.
“Good” grade will be given for a good method statement in section (4)(i), (ii) or
(iii) which can satisfy the following:
• give detail consideration to ensure the quality of design, workmanship,
material satisfy the CTC’s requirements;
• give detail consideration in environment impact and /or provide
environmental gains; and
• give detail consideration in maintenance and/or running cost and/or user
friendly.
“Satisfactory” grade will be given for a method statement in section (4)(i), (ii) or
(iii) which has adequately addressed the quality of design, workmanship, material
satisfy the CTC’s requirements.
“Less than satisfactory” grade will be given for the design in section (4)(i), (ii), (iii)
or (iv) which fails to adequately address the quality of design, workmanship,
material satisfy the CTC’s requirements.
“Poor” grade will be given for the design in section (4)(i), (ii), (iii) or (iv) if either
it fails to address the quality of design, workmanship, material satisfy the CTC’s
requirements.
Appendix G to Conditions of Tendering
Marking scheme in tender Evaluation
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPG/13
Section
(4)(i) to
(iv)
(Cont’d)
Assessment and marking of Section (4) (iv)
Marking
(percentage of the
full mark) of
Section (4)(iv)
Assessment
0% If the design cannot meet the respective requirements
100% If the design can meet the respective requirements
Passing Mark
2. There will be no passing mark for all attributes.
Overall Score
3. The respective weights for price and technical score are 60/40. The overall score for each
tender is determined according to the formula below. Normally, the tender with the highest overall
score would be recommended for acceptance subject to the requirement that the CTC is satisfied that
the recommended tenderer is fully (including technically, commercially and financially) capable of
undertaking the Contract, and that the recommended tender is the most advantageous to the CTC in
accordance with the tender provisions.
= 60 x
the lowest tender price among
those conforming tenders
+ 40 x
the technical score
the tender price the highest technical score
among those conforming tenders
Sample Calculation
Tender Tender Price
($M)
Technical Score The Overall Mark
A 120
(lowest tender
price)
65 60 x 120 + 40 x 65 = 92.50
120 80
B 125 75
60 x 120 + 40 x 75 = 95.10
125 80
Appendix G to Conditions of Tendering
Marking scheme in tender Evaluation
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND
ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
CT/APPG/14
C 130 80
(highest technical
score)
60 x 120 + 40 x 80 = 95.38
130 80
A tender with abnormally low or high tender price or is considered unsuitable for
recommendation for the award of the contract (such as financially, commercially or
technically incompetent) remains to be a conforming tender.
APPENDIX G(1) TO CONDITIONS OF TENDERING –
TENDERER’S EXPERIENCE
Appendix G(1) to Conditions of Tendering
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/APPG1/1
TENDERER’S EXPERIENCE
(All the information required in this Appendix G(1) shall be used for tender assessment but shall not form part of the Contract)
1.
For Attribute 1(a) – Relevant (see note 2) design and build contracts undertaken by the tenderer and completed in the past 10 years,
irrespective of its commencement date, counting from the original date set for the close of tender. The value of the contract should not
be less than HK$300,000. The full value of the works would be taken into account (see note 3 and 4).
Company Name
(Individual
Participant)
Percentage of
Participation
/ Share (For
Joint Venture
Only)
Contract No.
and Contract
Title
Awarded
Contract Sum
of Works
(HK$M)
Contract
Commencement
Date
Actual
Contract
Completion
Date (see
note 5)
Name,
Address, E-
mail Address,
Telephone and
Faxline of
Architect /
Engineer /
Authorised
Person
Name,
Address, E-
mail Address,
Telephone and
Faxline of
Client
Note:-
1.
The request information can be entered in supplementary sheets, if necessary, of the same format.
2.
Refer to all Government contracts and other local contracts only.
3.
Contract Sum of Works refers to the original contract sum at the time of contract award.
4.
Value of Works used for tender assessment will be adjusted by the Employer according to the Company’s percentage of participation / share
under the joint venture if applicable.
5.
For Hong Kong Government contracts, copy of certificate of completion shall be provided. For local non-government contracts, copies of
Articles of Agreement or letter of acceptance or equivalent and certificate of completion or equivalent shall be provided. (Any contract
without the documentary evident will not be considered in the tender evaluation).
Appendix G(1) to Conditions of Tendering
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/APPG1/2
TENDERER’S EXPERIENCE (Cont’d)
(All the information required in this Appendix G(1) shall be used for tender assessment but shall not form part of the Contract)
2.
For Attribute 1(b)(i) – Relevant contracts (see note 2) for design and installation of smoke abatement plants and joss paper furnce at
Chinese temples undertaken by the tenderer and completed in the past 10 years, irrespective of its commencement date, counting from the
original date set for the close of tender. The value of the contract should not be less than HK$300,000. The full value of the works would
be taken into account (see note 3 and 4).
Company Name
(Individual
Participant)
Percentage of
Participation
/ Share (For
Joint Venture
Only)
Contract No.
and Contract
Title
Awarded
Contract Sum
of Works
(HK$M)
Contract
Commencement
Date
Actual
Contract
Completion
Date (see
note 5)
Name,
Address, E-
mail Address,
Telephone and
Faxline of
Architect /
Engineer /
Authorised
Person
Name,
Address, E-
mail Address,
Telephone and
Faxline of
Client
Note:-
1.
The request information can be entered in supplementary sheets, if necessary, of the same format.
2.
Refer to all Government contracts and other local contracts only.
3.
Contract Sum of Works refers to the original contract sum at the time of contract award.
4.
Value of Works used for tender assessment will be adjusted by the Employer according to the Company’s percentage of participation / share
under the joint venture if applicable.
5.
For Hong Kong Government contracts, copy of certificate of completion shall be provided. For local non-government contracts, copies of
Articles of Agreement or letter of acceptance or equivalent and certificate of completion or equivalent shall be provided. (Any contract
without the documentary evident will not be considered in the tender evaluation).
Appendix G(1) to Conditions of Tendering
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/APPG1/3
TENDERER’S EXPERIENCE (Cont’d)
(All the information required in this Appendix G(1) shall be used for tender assessment but shall not form part of the Contract)
3.
For Attribute 1(b)(ii) – Relevant contracts (see note 2) for maintenance of smoke abatement plants and joss paper furnce at Chinese
temples undertaken by the tenderer and completed in the past 10 years, irrespective of its commencement date, counting from the original
date set for the close of tender. The value of the contract should not be less than HK$50,000. The full value of the works would be taken
into account (see note 3 and 4).
Company Name
(Individual
Participant)
Percentage of
Participation
/ Share (For
Joint Venture
Only)
Contract No.
and Contract
Title
Awarded
Contract Sum
of Works
(HK$M)
Contract
Commencement
Date
Actual
Contract
Completion
Date (see
note 5)
Name,
Address, E-
mail Address,
Telephone and
Faxline of
Architect /
Engineer /
Authorised
Person
Name,
Address, E-
mail Address,
Telephone and
Faxline of
Client
Note:-
1.
The request information can be entered in supplementary sheets, if necessary, of the same format.
2.
Refer to all Government contracts and other local contracts only.
3.
Contract Sum of Works refers to the original contract sum at the time of contract award.
4.
Value of Works used for tender assessment will be adjusted by the Employer according to the Company’s percentage of participation / share
under the joint venture if applicable.
5.
For Hong Kong Government contracts, copy of certificate of completion shall be provided. For local non-government contracts, copies of
Articles of Agreement or letter of acceptance or equivalent and certificate of completion or equivalent shall be provided. (Any contract
without the documentary evident will not be considered in the tender evaluation).
APPENDIX G(2) TO CONDITIONS OF TENDERING –
TENDERER’S TECHNICAL RESOURCES (KEY STAFF)
Appendix G(2) to Conditions of Tendering
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 CT/APPG2/1
TENDERER’S TECHNICAL RESOURCES (KEY STAFF)
(All the information required in this Appendix G(2) shall be used for tender assessment but shall not form part of the Contract)
1.
For submission of information for Section 2(i) to (iv).
Key
Staff of
Project
Team
Curriculum Vitae
Years of Experience
Name
Education /
Qualification
Company Name
Position
Period of
Employment
with each
company
(month /
year)
Construction
contracts
involved
during the
period of
employment
with each
company
Post
Professional
experience in
Construction
Contracts
during the
period of
employment with
each company
Particular relevant
experience for key
staff position on
the Contract during
the period of
employment with each
company
1.
2.
3.
4.
5.
Note:-
1.
Please note the marking standard and minimum qualification and minimum experience, the extra particular relevant construction experience
which attains marks.
2.
Full Curriculum Vitae of the key staff (with year of qualification attained, period and brief descriptions of relevant working experiences,
areas of expertise acquired if any and relevant job reference) shall be included.
FORM OF TENDER
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 FT/1
FORM OF TENDER
For
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
To : Chinese Temples Committee
1. Having inspected the Site and examined the drawings, Conditions of
Contract and Specification for the above named Works, I/we offer to design,
carry out, complete and maintain the whole of the said Works in conformity
with the said drawings, Conditions of Contract and Specification for the sum
of
BASE SCOPE
Hong Kong Dollars ..........................................................
....................................................... (HK$ )
OPTIONAL SCOPE (Annual Maintenance and Cleansing Service)
Hong Kong Dollars ..........................................................
....................................................... (HK$ )
or such sum as may be ascertained in accordance with the Conditions of
Contract.
2. I/We undertake if my/our tender is accepted to carry out and
complete the whole of the Works in this Contract within the period as stated
in Clause 6.02 of the Preliminaries or within any extended time which may be
authorised under the Conditions of Contract.
3. I/We agree to abide by this tender for a period of 180 days from the
date fixed for receiving the same and it shall remain binding upon me/us and
may be accepted at any time before the expiry of that period.
4. Unless and until a formal agreement is prepared and executed this
tender together with the written acceptance thereof by the Employer subject
to the provisions of Clause 3 hereof shall constitute a binding contract.
5. I/We understand that the Employer is not bound to accept the lowest
tender, the tender with the highest overall score or any tender which he may
receive.
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
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6. I am/We are aware of and accept the amendments to the Standard
Conditions of Contract set out in the Special Conditions of Contract.
7. I/We agree that I/we shall provide a bond in the amount specified in
the Appendix to the Conditions of Contract for the due performance of the
Contract in the form set out in Schedule 1 as appended to the Standard
Conditions of Contract.
Signature ................................................................
in the capacity of .......................................................
duly authorised to sign tenders for and on behalf of *....................
..........................................................................
Registered address of firm ...............................................
..........................................................................
Date .....................................................................
Name and signature of witness ............................................
Address of witness .......................................................
If a tender is being made by a partnership or an unincorporated body, the
names and residential addresses of all partners shall be given in the spaces
provided below.
___________________________________________________________________________
Names of Partners Residential Addresses of Partners
___________________________________________________________________________
___________________________________________________________________________
* In the case of a limited Company, insert the name of the Company.
SPECIAL CONDITIONS OF CONTRACT
SPECIAL CONDITIONS OF CONTRACT
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 SC/1
SPECIAL CONDITIONS OF CONTRACT
Any cost effects resulting from the Special Conditions of Contract
hereunder shall be taken into account in the pricing of the Specification –
Preliminaries.
These “Special Conditions of Contract are to be read in conjunction with
the “Standard Conditions of Contract”.
The “Standard Conditions of Contract” means the Agreement & Schedule of
Conditions of Building Contract for use in the Hong Kong Special
Administrative Region, Private Edition – Without Quantities together with
its Appendix and Schedules 2006 Edition issued under the sanction of The
Hong Kong Institute of Architects, The Hong Kong Institute of Construction
Managers and The Hong Kong Institute of Surveyors. Where applicable the
provisions of these Special Conditions of Contract shall prevail over those
of the Standard Conditions of Contract.
The Contract shall be signed by the parties as a simple contract on the
“Attestation” page of the Standard Conditions of Contract.
The “Conditions of Contract” means the Standard Conditions of Contract and
these Special Conditions of Contract.
The Contractor should study the Standard Conditions of Contract in
conjunction with the particulars to be inserted in the Appendix as detailed
in the Specification – Preliminaries together with the Special Conditions
of Contract.
Index of the Special Conditions of Contract :
SCC 1 Not used
SCC 2 Not used
SCC 3 Not used
SCC 4 Not used
SCC 5 Not used
SCC 6 Not used
SCC 7 Not used
SCC 8 Materials, goods, workmanship and work
SCC 9 Not used
SCC 10 Not used
SCC 11 Not used
SCC 12 Not used
SCC 13 Not used
SPECIAL CONDITIONS OF CONTRACT
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 SC/2
Index of the Special Conditions of Contract : (Cont’d)
SCC 14 Not used
SCC 15 Not used
SCC 16 Not used
SCC 17 Substantial Completion and defects liability
SCC 18 Not used
SCC 19 Not used
SCC 20 Not used
SCC 21 Insurance against injury to persons or property
SCC 22 Not used
SCC 22A Not used
SCC 22B Insurance of the Works by the Employer
SCC 22C Insurance of existing building and insurance of the Works
by the Employer
SCC 23 Possession, commencement and completion
SCC 24 Damages for non-completion
SCC 25 Extension of Time
SCC 26 Not used
SCC 27 Not used
SCC 28 Not used
SCC 29 Nominated Sub-Contractors and Nominated Suppliers
SCC 30 Not used
SCC 31 Not used
SCC 32 Certificates and payments
SCC 33 Surety bond
SCC 34 Not used
SCC 35 Not used
SCC 36 Not used
SCC 37 Not used
SCC 38 Fluctuations
SCC 39 Not used
SCC 40 Recovery of money due to the Employer
SCC 41 Not used
SCC 42 Urgent Work by Person other than the Main Contractor
(additional)
SCC 43 Inspection of the Site (additional)
SCC 44 Interference with Traffic and Adjoining Properties
(additional)
SCC 45 Sufficiency of Tender (additional)
SCC 46 Safety Plan (additional)
SCC 47 Environmental Management Plan (additional)
SCC 48 Warranties and guarantees (additional)
SCC 49 Contracts (Rights of Third Parties) Ordinance (additional)
SCC 50 Marking Scheme in tender evaluation (additional)
SCC Schedule 1 Form of surety bond to be given by the Contractor to the
Employer
SPECIAL CONDITIONS OF CONTRACT
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
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SCC 8 - Materials, goods, workmanship and work
Add the following clause after clause 8.2(3) of the Standard Conditions of
Contract :
(4) The Contractor shall notify the Architect in writing before
work is covered up and give him at least two full days notice to
inspect it. Unless the Contractor does so, no charge shall be
incurred by the Employer for opening up, testing and making good nor
will any extension of time be granted in this respect.
Add the following in clause 8.3 of the Standard Conditions of Contract :
The words “, in his opinion,” between the words “work” and “are”.
SCC 17 – Substantial Completion and defects liability
Add the following clause 17.3(6) to the Standard Conditions of Contract by
the following :
(6) If in the opinion of the Architect it is more suitable and
beneficial that unfinished items of work or remedial work in
rectifying defects remaining after the issuance of the Substantial
Completion Certificate is carried out by others, the Contractor
shall undertake to reimburse the Employer the cost of carrying out
such outstanding or remedial work by others or the Employer has the
right to deduct such cost from payments due to the Contractor.
SPECIAL CONDITIONS OF CONTRACT
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 SC/4
SCC 21 – Insurance against injury to persons or property
Replace the following in clause 21.1(1) of the Standard Conditions of
Contract :
The words “the employees of Contractor or of sub-contractors of all
tiers” replaced by the words “the employees of the Contractor or of
any sub-contractor of all tiers”.
Replace the following in clause 21.2(b)(ii) of the Standard Conditions of
Contract :
The word “and” replaced by “or”.
Add the following clause 21.7 to the Standard Conditions of Contract :
Insurance for extended contract period
(1) The party responsible for effecting the insurances under clause
21.1 and 21.2 shall extend the insurance policy to cover any
extended contract period. The additional premium to cover the
extended period shall be paid by the Contractor or reimbursed by the
Contractor to the Employer, unless the reason for such extension is
due to one or more of the qualifying events as listed in clause
27.1(2).
SCC 22B – Insurance of the Works by the Employer
It is expressly agreed that clause 22B of the Standard Conditions of
Contract shall not form part of the Contract.
SCC 22C – Insurance of existing building and insurance of the Works by the
Employer
It is expressly agreed that clause 22C of the Standard Conditions of
Contract shall not form part of the Contract.
SPECIAL CONDITIONS OF CONTRACT
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 SC/5
SCC 22D - Professional Indemnity Insurance
It is expressly agreed that a new sub-clause 22D shall be inserted as
follows :
(1) The Contractor warrants that he has maintained and will
maintain, during the carrying out of the Works and until the
expiry of the limitation period under this Contract,
professional indemnity insurance with an insurer authorised to
carry out insurance business in the Hong Kong Special
Administrative Region for an amount not less than Hong Kong
Dollars Twenty Millions (HK$20,000,000.00), for any one claim,
in respect of any negligence on the part of the Main Contractor
in the performance of his design obligations under this
Contract, so long as such insurance is available at
commercially reasonable rates and on commercially reasonable
terms.
(2) For the purposes of sub-clause 22D(1), insurance that is
subject to any increased or additional premium because of the
Contractor’s claims record or other acts, omissions, or
circumstances particular to the Contractor will be deemed to be
insurance available at commercially reasonable rates.
(3) As and when requested by the Employer and/or the Architect (as
the case may be), the Contractor will produce for inspection
documentary evidence that such insurance is being properly
maintained.”
SPECIAL CONDITIONS OF CONTRACT
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 SC/6
SCC 23 - Possession, commencement and completion
Add the following clause 23.4 to the Standard Conditions of Contract :
(3) The Architect, or the Architect’s representative with the
express delegation of authority from the Architect may issue
instructions suspending or stopping all work or any part of the
Works for such time or times and in such manner as he may consider
necessary, by reason of :
(a) weather conditions affecting the safety or quality of the Works
or any part thereof;
(b) default on the part of the Contractor in not complying with the
Specification, Contract Drawings, Architect’s instructions,
and/or statutory or relevant government authorities’
requirements;
(c) the carrying out of the Works by the Contractor and/or his sub-
contractors which in the opinion of the Architect endangers or
undermines the safety of adjoining or other buildings, streets
or structures, either totally or partially; or
(d) insufficient measures being taken by the Contractor to abate
noise pollution during the carrying out of the Works so as to
avoid unreasonable nuisance to the occupants of neighbouring
and adjoining buildings.
The Contractor shall upon such written instruction suspend and/or
stop the progress of the Works or any part thereof for such time and
in the manner as contained in such instruction, and shall during
such suspension or stoppage properly protect and secure the Works to
the Architect’s reasonable satisfaction.
All costs incurred in connection with the suspension or stoppage
shall be borne by the Contractor and no extension of time will be
granted in this respect unless provided for elsewhere in the
Contract. No claim for losses/expenses will be entertained in
connection with such suspension or stop work instruction.
SCC 24 – Damages for non-completion
It is expressly agreed that the words “between the Completion Date and the
Date of Substantial Completion” in the last line of clause 24.2(1) shall be
deleted and replaced by the words “during which the Works shall so remain
or have remained not substantially complete”.
SPECIAL CONDITIONS OF CONTRACT
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 SC/7
SCC 25 – Extension of Time
It is expressly agreed that clauses 25.1(3)(m), (n) and (o) of the Standard
Conditions of Contract are deleted.
Add the following clause 25.1(3A) at the end of clause 25.1(3) of the
Standard Conditions of Contract :
(3A) For the avoidance of doubt, no extension of time shall be
allowed due to the following events :
(a) delay caused by a delay on the part of a Nominated Sub-
Contractor or Nominated Supplier in respect of an event for
which the Nominated Sub-Contractor or Nominated Supplier is
entitled to an extension of time under the sub-Contract or
supply contract;
(b) delay caused by a sub-contractor or supplier nominated by the
Architect under clause 29.2(6) despite the Contractor’s valid
objection, subject to clause 29.2(7); and/or
(c) delay caused by the nomination of a replacement Nominated Sub-
Contractor or Nominated Supplier under clause 29.13 including
any prolongation of the period of the relevant sub-contract or
the time for the supply and delivery of materials and goods,
provided that the determination of the employment of the
original Nominated Sub-Contractor or the termination of the
original Nominated Supply Contract was not in the opinion of
the Architect a consequence of a breach of contract or other
default by the Contractor or any person for whom the Contractor
is responsible.
SCC 29 – Nominated Sub-Contractors and Nominated Suppliers
The whole of clause 29 of the Stand Conditions of Contract shall not be
applicable.
SPECIAL CONDITIONS OF CONTRACT
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
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SCC 32 – Certificates and payments
Add the following at the end of clause 32.3 of the Standard Conditions of
Contract :
Provided that :-
(1) Such materials or goods are intended for inclusion in the
Works;
(2) Such materials or goods are in accordance with the Contract;
(3) The Contractor furnishes to the Architect reasonable proof
that the premises where the materials or goods have been assembled
or stored are owned or leased by the Contractor;
(4) Such materials or goods have been and are set apart at the
premises where they have been assembled or stored, and have been
clearly and visibly marked, individually or in sets, so as to
indentify :
(a) the person to whose order they are held, and
(b) their destination as being the Works;
(5) The Contractor furnishes to the Architect evidence that such
materials or goods are insured against the perils set out in clause
22 as applicable; and
(6) The Contractor furnishes to the Architect reasonable proof
that the property in such materials or goods is in the Contractor
and that the conditions set out in paragraphs (1) to (5) herein have
been complied with.
SPECIAL CONDITIONS OF CONTRACT
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 SC/9
SCC 33 – Surety bond
It is expressly agreed that clause 33.2A of the Standard Conditions of
Contract is deleted.
Add the following in clause 33.2B of the Standard Conditions of Contract :
The words “for the whole of the Works” between the word
“Certificate” and “.”.
Add the following in clause 33.3 of the Standard Conditions of Contract :
The words “or the issue of the Defects Rectification Certificate for
the whole of the Works” between the words “Employer” and “, at”.
The words “or the issue of the Defects Rectification Certificate as
appropriate” between the words “delivery of the bond” and “.”.
Add the following at the end of clause 33.3 of the Standard Conditions of
Contract :
The amount so withheld shall be held upon trust by the Employer for
the Contractor (without obligation to invest) subject to the rights of the
Employer to have recourse to it for payment of any amount which he is
entitled to under the Contract or at law or to deduct from it any sum owed
to him by the Contractor, provided that the Employer gives notice to the
Contractor in accordance with clause 32.1(6).
SCC 38 – Fluctuations
The whole of clause 38 of the Standard Conditions of Contract shall not be
applicable.
SCC 40 – Recovery of money due to the Employer
Replace the following in clause 40(2) of the Standard Conditions of
Contract:
The words "clause 40.1(1)" replaced by "clause 40(1)".
SPECIAL CONDITIONS OF CONTRACT
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 SC/10
SCC 42 - Urgent Work by Person other than the Main Contractor (Additional
Clause)
Add the following clause 42 to the Standard Conditions of Contract :
(1) If by reason of any accident or failure or other event occurring to,
in, or in connection with the Works or any section thereof either during
the course of the Works or during the Defects Liability Period any remedial
or repair or other work shall in the opinion of the Architect by urgently
necessary and the Main Contractor is unable or unwilling at once to do such
remedial or repair or other work, the Architect may authorize the carrying
out of such remedial or repair or other work by a person other than the
Main Contractor. If the remedial or repair or other work so authorized by
the Architect’s work which in the Architect’s opinion the Main Contractor
was liable to do under the Contract, all expenses properly incurred in
carrying out the same shall be recoverable from the Main Contractor by the
Employer as a debt or may be deducted by him from any monies due or to
become due to the Main Contractor under this Contract. Provided that the
Architect shall as soon after the occurrence of any such emergency as may
be reasonably practicable notify the Main Contractor thereof in writing.
(2) Notwithstanding the requirements of sub-clause (1) of this clause,
the Main Contractor shall not be relieved of his liabilities and
obligations under the Contract.
SPECIAL CONDITIONS OF CONTRACT
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 SC/11
SCC 43 - Inspection of the Site (Additional Clause)
Add the following clause 43 to the Standard Conditions of Contract :
(1) The Main Contractor shall be deemed to have inspected and examined
the Site and its surroundings and to have satisfied himself, before
submitting his Tender, as regards existing roads or other means of
communication with and access to the Site, the nature of the ground and
sub-soil, the form and nature of the Site, the risk of injury or damage to
property adjacent to the Site or to the occupiers of such property, the
nature of the buildings to be demolished, the nature of the work and
materials necessary for the completion of the Works, the accommodation he
may require and generally to have obtained his own information on all
matters affecting his Tender and the execution of the Works.
(2) No claim by the Main Contractor for additional payment shall be
allowed on the ground of any misunderstanding in respect of the matters
referred to in sub-clause (1) of this clause or otherwise or on the ground
of any allegation of fact that incorrect or insufficient information was
given to him by any person whether in the employment of the Employer or not
or of the failure of the Main Contractor to obtain correct and sufficient
information, nor shall the Main Contractor be relieved from any risk or
obligation imposed on or undertaken by him under the Contract on any such
ground or on the ground that he did not or could not foresee any matter
which may in fact affect or have affected the execution of the Works.
(3) The Main Contractor shall be deemed to be aware of and accept all
“risk” arising out of any unfavourable or difficult site conditions, sub-
soil conditions or existing services whether foreseeable or unforeseeable
and notwithstanding anything expressed or implied elsewhere in these
Conditions the Main Contractor shall not be entitled to any extension of
time, extra payment of compensation in respect thereof.
SCC 44 - Interference with Traffic and Adjoining Properties (Additional
Clause)
Add the following clause 44 to the Standard Conditions of Contract :
All operations necessary for the execution of the Works shall be carried
out so as not to interfere unnecessarily or improperly with the convenience
of the public or the access to, use and occupation of public or private
roads or footpaths or to or of properties whether in the possession of the
Employer or of any other person and the Main Contractor shall save harmless
and indemnify the Employer in respect of all claims, demands, proceedings,
damages, costs, charges and expenses whatsoever arising out of or in
relation to any such matters in so far as the Main Contractor is
responsible therefor.
SPECIAL CONDITIONS OF CONTRACT
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 SC/12
SCC 45 - Sufficiency of Tender (Additional Clause)
Add the following clause 45 to the Standard Conditions of Contract :
The Main Contractor shall be deemed to have satisfied himself before
submitting his tender as to the correctness and sufficiency of his tender
for the Works and of the prices stated in the Summary of Tender, which
prices shall, except in so far as it is otherwise provided in the Contract,
cover all his risks, liabilities and obligations set out or implied in the
Contract and all matters and things necessary for the proper execution of
the Works.
SCC 46 - Safety Plan (Additional Clause)
Add the following clause 46 to the Standard Conditions of Contract :
(1) ”Safety Plan” means the Safety Plan referred to in sub-clause (4) of
this Special Conditions of Contract, including any revised or updated
version, setting out details of the safety management system that the Main
Contractor will implement on the Site, together with any other measures and
information required by the Contract to ensure safety and health in the
execution of the Works.
(2) The Main Contractor shall submit within 14 days of the date of the
Employer’s letter of acceptance of the Tender three copies of a draft
Safety Plan to the Architect.
(3) Within 7 days from the submission of the draft Safety Plan, the Main
Contractor shall arrange and hold an ad hoc meeting (or meetings if
necessary) with the Architect’s Representative to discuss the draft Safety
Plan. Where the Architect is of the opinion that the draft Safety Plan
does not meet the requirements of the Contract he shall request that the
Main Contractor remedy the deficiency prior to submitting the Safety Plan
to the Architect in accordance with sub-clause (4) of this Special
Condition of Contract.
(4) The Main Contractor shall submit within 35 days of the date of the
Employer’s letter of acceptance of the Tender six copies of the Safety Plan
to the Architect.
(5) The Main Contractor shall review the Safety Plan at monthly
intervals and shall revise and update the Safety Plan if necessary.
SPECIAL CONDITIONS OF CONTRACT
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 SC/13
SCC 46 - Safety Plan (Additional Clause)(Cont’d)
Add the following clause 46 to the Standard Conditions of Contract :
(Cont’d)
(6) The Main Contractor shall comply with the Safety Plan in the
execution of the Works and ensure his employees and sub-contractors of all
tiers comply with the Safety Plan. The Main Contractor shall provide any
other party working on the Site including Specialist Contractors and
utility undertakings with a copy of the Safety Plan and shall request those
parties comply with it. The Main Contractor shall report any person who
fails to comply with the Safety Plan to the Architect.
(7) If the Architect is of the opinion that the Safety Plan does not
meet the requirements of the Contract, the Architect may by notice in
writing require the Main Contractor to revise or update the Safety Plan and
the Main Contractor shall comply with that requirement within 7 days of the
date of the notice.
(8) The Main Contractor shall provide all facilities, access and
assistance to the Architect to periodically verify that the Safety Plan is
being properly and fully implemented. If the Architect is of the opinion
that the Safety Plan is not being properly and fully implemented and the
failure may adversely affect the safety and health of any person or the
safety of any property on or adjacent to the Site, the Architect may notify
the Main Contractor in writing of such failure and the Main Contractor
shall then take all necessary steps to rectify that failure immediately.
For the avoidance of doubt, this Special Condition of Contract does not
limit or take away from the Architect any power under the Contract
including the power to suspend the progress of the Works or any section
thereof pursuant to the Conditions of Contract.
(9) This Special Condition of Contract shall not relieve the Main
Contractor from any of his obligations or responsibilities under the
Contract.
SPECIAL CONDITIONS OF CONTRACT
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 SC/14
SCC 47 - Environmental Management Plan (Additional Clause)
Add the following clause 47 to the Standard Conditions of Contract :
(1) “Environmental Management Plan” means the Environmental Management
Plan (EMP) referred to in this Special Condition of Contract, including any
revised or updated version thereof, prepared by the Main Contractor in
accordance with the Contract.
(2) The Main Contractor shall prepare a draft EMP in accordance with the
Contract and submit three copies of the draft EMP to the Architect for
comments within 21 days of the date of the Employer’s letter of acceptance
of the Tender.
(3) If the Architect is of the opinion that the draft EMP does not meet
the requirements of the Contract, he shall request the Main Contractor to
revise the draft EMP by notice in writing and the Main Contractor shall
revise the draft EMP and re-submit within 7 days of the date of the notice.
(4) The Main Contractor shall finalize the EMP within 45 days of the
date of the Employer’s letter of acceptance of the Tender and submit six
hard copies of the EMP and a soft copy in Microsoft Word format to the
Architect.
(5) The Main Contractor shall review and update the EMP monthly and
submit six hard copies of the updated part of the EMP and a soft copy in
Microsoft Word format to the Architect.
(6) The Main Contractor shall provide all facilities, access and
assistance to the Architect or his Representative to periodically verify
the implementation of EMP. If the Architect or his Representative is of the
opinion that the EMP is not being properly implemented, the Architect or
his Representative shall notify the Main Contractor in writing of such
failure and the Main Contractor shall take all necessary steps promptly to
rectify that failure.
(7) The submission of the EMP shall not relieve the Main Contractor from
any of his obligations or responsibilities under the Contract.
(8) The Main Contractor shall comply with the EMP to ensure the
provision of the necessary environmental measures as specified in the
Contract in the execution of the Works, including compliance by his
employees and sub-contractors of all tiers. The Main Contractor shall
provide any other parties working on the Site, including the Specialist
Contractors and utility undertakings with a copy of EMP and shall request
those parties to comply with it. The Architect or his Representative shall
have the power to order any person who, or plant or equipment which, fails
to comply with the EMP to be removed from the Site.
SPECIAL CONDITIONS OF CONTRACT
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 SC/15
SCC 48 - Warranties and guarantees (Additional Clause)
Add the following clause 48 to the Standard Conditions of Contract :
(1) The Contractor shall provide the warranties/ guarantees for the
whole of the Works as required in the Specification upon practical
completion of the Works.
(2) The guarantees shall be in the form set out in Appendix ‘A’ of this
Special Conditions of Contract.
SCC 49 – Contracts (Rights of Third Parties) Ordinance (Additional Clause)
Add the following new clause 49 to the Standard Conditions of Contract :
49 Contracts (Rights of Third Parties) Ordinance
Nothing in this Contract confers or purports to confer on any third
party any benefit or any right pursuant to the Contracts (Rights of
Third Parties) Ordinance (Cap. 623) to enforce any term of the
Contract.
SCC 50 – Marking Scheme in tender evaluation (Additional Clause)
Add the following new clause 50 to the Standard Conditions of Contract :
(1) The submissions on technical resources and technical proposals made
by the Contractor in the Tender shall form part of the Contract. The
Contractor shall, subject to Conditions of Contract Clause 5 and sub-
clauses (3), (4), (5), (6), (9) and (10) of this Clause, execute the Works
in accordance with the said submissions.
(2) Without prejudice to the generality of the Conditions of Contract
Clause 10, the Contractor shall provide a management team including on and
off site suitably experienced staff as submitted by the Contractor in his
Tender submissions on technical resources or necessarily inferred therefrom.
(3) In the event the Contractor is unlikely to provide or maintain any
staff of the management team submitted by the Contractor in his Tender
submissions on technical resources or necessarily inferred therefrom, he
shall report to the Architect as soon as practicable and propose for the
Architect’s approval a substitute staff having experience and qualification
comparable with the staff who is leaving the management team. The
Architect shall determine any savings of cost to the Contractor, if any,
due to the aforesaid changes. The savings of cost to the Contractor as
determined by the Architect shall be deducted from any payment due to the
Contractor.
SPECIAL CONDITIONS OF CONTRACT
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 SC/16
SCC 50 – Marking Scheme in tender evaluation (Additional Clause) (Cont’d)
(4) If it is legally or physically impossible for the Contractor to
execute the Works in accordance with the technical proposals, the
Contractor shall make necessary modifications or amendments to the
technical proposals of his Tender submissions for the execution of the
Works and shall inform the Architect in writing. Any such modifications or
amendments to the technical proposals shall conform to the Drawings and
Specification.
(5) If the Contractor shall decide not to execute the Works in
accordance with the technical proposals for any other reasons, the
Contractor shall make necessary modifications or amendments to the
technical proposals of his Tender submissions for the execution of the
Works and shall inform the Architect in writing. Any such modifications or
amendments to the technical proposals shall conform to the Drawings and
Specification.
(6) In the execution of the Works in accordance with the technical
proposals or the technical proposals modified or amended as provided in
sub-clauses (4) or (5) of this Clause, the Contractor shall strictly comply
with the Contract to the satisfaction of the Architect and shall strictly
comply with and adhere to the Architect’s instructions on any matter
relating to the technical proposals or the modified or amended technical
proposals as provided in sub-clauses (4) or (5) of this Clause.
(7) The Contractor shall within 21 days when so requested by the
Architect give detailed information on the estimated cost of execution in
accordance with the technical proposals and the cost of execution in
accordance with the technical proposals modified or amended as provided in
sub-clauses (4) or (5) of this Clause. The Architect shall determine the
savings of cost to the Contractor arising from the modified or amended
technical proposals referred to in sub-clause (4) or (5) based on the
information so provided by the Contractor. The savings of cost to the
Contractor as determined by the Architect shall be deducted from the
Contractor Sum.
(8) The Contractor shall not be entitled to, except and to the extent
that the Contractor is in compliance with a variation ordered by the
Architect under Clause 13 of the Conditions of Contract, any additional
payment or extension of time for completion for the execution of the Works
in a manner which differs from the Tender submissions on technical
resources or technical proposals (including the technical proposals
modified or amended as provided in sub-clauses (4) or (5) of this Clause)
or both.
SPECIAL CONDITIONS OF CONTRACT
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 SC/17
SCC 50 – Marking Scheme in tender evaluation (Additional Clause) (Cont’d)
(9) Any provision in the Tender submissions on technical resources and
technical proposals purporting to impose any obligation on the Employer or
the Architect which is not an obligation of the Employer or, as the case
may be, the Architect under the other documents forming part of the
Contract shall have no effect and shall not be binding on the Employer or,
as the case may be, the Architect.
(10) Any provision in the Tender submissions on technical resources and
technical proposals purporting to confer any right or option on the
Contractor which is not a right or option of the Contractor under the other
documents forming part of the Contract shall have no effect.
(11) Conditions of Contract Clause 5.1(h) as below is added after Clause
5.1(g) :
5.1(h) Other documents forming part of the Contract.
The following is added at the end of Clause 5.1(1) :
In the event of conflict between the submissions on technical
resources and technical proposals made by the Contractor in the
Tender and any other document forming part of the Contract, the
submissions on technical resources and technical proposals shall
prevail only in the case where such submissions impose higher
requirements in terms of quality or quantity than those specified
under or pursuant to the other document forming part of the Contract
or impose requirements on the part of the Contractor more onerous
than those specified under or pursuant to the other document forming
part of the Contract and in all other cases the other document
forming part of the Contract shall prevail.
Subject to Clause 5, the several documents forming the Contract are
to be taken as mutually explanatory of one another but in case of
ambiguities or discrepancies (other than ambiguities or
discrepancies within the submissions on technical resources and
technical proposals made by the Contractor in the Tender which shall
be dealt with in accordance with sub-clause (2) of this Clause) the
same shall be explained by the Architect who shall issue to the
Contractor instructions clarifying such ambiguities or discrepancies.
Where the Contractor makes a request in writing to the Architect
for instructions under this Clause the Architect shall respond
within 14 days of receipt of such request.
SPECIAL CONDITIONS OF CONTRACT
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 SC/18
SCC 50 – Marking Scheme in tender evaluation (Additional Clause) (Cont’d)
(11) The following is added at the end of Clause 5.1(1) : (Cont’d)
Provided that :
(a) if in the opinion of the Quantity Surveyor compliance with
such instructions shall involve the Contractor in any expense
which by reason of any ambiguity or discrepancy the Contractor
did not and had no reason to anticipate, the Quantity Surveyor
shall value such expense in accordance with Clause 13 , and
shall certify in accordance with Clause 32;
(b) if in the opinion of the Quantity Surveyor compliance with
such instructions shall involve the Contractor in any saving
then the Quantity Surveyor shall value such saving and deduct
the same from the Contract Sum accordingly.
Where there is an ambiguity or discrepancy within the submissions on
technical resources and technical proposals made by the Contractor
in the Tender, the Contractor shall inform the Architect in writing
of his proposed amendment to remove the ambiguity or discrepancy;
and (subject always to compliance with statutory requirements) the
Architect may either issue instructions on such ambiguity or
discrepancy or accept the Contractor’s proposed amendment and the
Contractor shall be obliged to comply with the instructions or
acceptance by the Architect without cost to the Employer. If in the
opinion of the Quantity Surveyor compliance with such instructions
or acceptance of the Contractor’s proposed amendment shall involve
the Contractor in any saving then the Quantity Surveyor shall value
such saving and deduct the same from the Contract Sum accordingly.
Schedule 1
Replace the following in clause 5 of Schedule 1 to the Standard Conditions
of Contract :
The words “Substantial Completion Certificate/Defects Rectification
Certificate*” replaced by the words “Defects Rectification
Certificate”.
Delete the following after Clause 6 of Schedule 1 to the Standard
Conditions of Contract :
The words “* Delete as appropriate”.
APPENDIX ‘A’ TO SPECIAL CONDITIONS OF CONTRACT –
FORM OF WORKS GUARANTEE
Appendix ‘A’ to Special Conditions of Contract
Form of Works Guarantee
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 SC/APPA/1
APPENDIX ‘A’ TO SPECIAL CONDITIONS OF CONTRACT
FORM OF WORKS GUARANTEE
From :
[insert the name of the Contractor] (“the Guarantor”)
and
To : Chinese Temples Committee (“the Employer”)
Pursuant to the terms of the Contract for the Design and Construct
Smoke Abatement Plant and Associated Works for Replacement of Existing
Smoke Abatement Plant at Kwun Yum Temple (Hung Hom) made between the
Employer and the Contractor, the Guarantor hereby warrant the due
performance of the smoke abatement plant are in accordance with the
requirements as specified in the contract document, and it shall
against faulty workmanship and materials and that it shall remain fit
for the purposes and free from any defects or imperfections for a
period of 5 years (the “Guarantee Period”) commencing from the date of
Substantial Completion of the Contract of the respective Section
thereof as certified by the Architect, and we shall indemnify the
Employer against any cost of repairs and rectifications, expense,
liability, loss, claim or proceedings whatsoever in the event of any
defects or imperfections being discovered during the Guarantee Period
on materials and workmanship including any consequential loss and/or
damage so far as they are in our reasonable contemplation in respect
of the business nature of premises, provided always that the same is
not attributable to any negligence, omission or default of the
Employer or the persons for which the Employer is responsible.
Appendix ‘A’ to Special Conditions of Contract
Form of Works Guarantee
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 SC/APPA/2
APPENDIX ‘A’ TO SPECIAL CONDITIONS OF CONTRACT
FORM OF WORKS GUARANTEE (Cont’d)
2. Any dispute or difference arising out of or in connection with this
Warranty is subject to the same dispute resolution provisions set out
in Clause 41 of the Standard Conditions of Contract as amended by the
Special Conditions of Contract (with necessary changes made having
taken into consideration the difference in the contracting parties
concerned in the Contract and this Warranty). Such dispute or
difference shall be arbitrated as a domestic arbitration under the
Hong Kong Arbitration Ordinance. The place of arbitration shall be
Hong Kong. The arbitration shall be conducted in the English language.
WITNESS whereof this Guarantee has been executed as a Deed,
EXECUTED as a deed
[The Contractor]
Dated this day of 20
SIGNED by:
_____________
the duly authorized persons on behalf of the company as authorized by the
Articles of Association and Board Resolution
In the presence of:-
(Witness)
Note:
Please submit the copy of Articles of Association and Minutes of Meeting
showing the persons signing are the authorized persons approved by the
Board of Directors to sign the same for and on behalf of the company.
SPECIFICATION
SPECIFICATION – PRELIMINARIES
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/1
SPECIFICATION
PRELIMINARIES
1.0 GENERALLY
The tenderer shall price the Preliminaries items of Schedule No. 1 in
the Summary to this Section hereinafter following.
The preliminary items included hereunder apply to the whole of the
Works contained in this Contract and the rates and/or amounts inserted
by the Contractor shall be deemed to apply to the whole of the Works
carried out under this Contract including all Variations to the
Contract.
The Contractor shall be deemed to have allowed in his tender for all
costs in respect of all items described in this Preliminaries Section.
In the absence of any sum against any item or items, any monetary cost
attributable thereto shall be deemed to be included elsewhere in this
Preliminaries Section or in the unit rates for the work.
Any price entered in this Preliminaries Section shall be at the risk
of the Main Contractor and no adjustment will be made at the
settlement of accounts.
The documents forming the Contract are to be taken as mutually
explanatory and the tendered sum shall be deemed to cover the complete
requirements of the Conditions (as defined in the Special Conditions),
Specification and Contract Drawings.
In the event of a lump sum only being inserted in respect of this
Preliminaries Section, the Contractor will be required to provide an
itemised breakdown of the amount so included.
In the event of the amount inserted against an item in this
Preliminaries Section for which whole payment or substantially whole
payment would normally be made at the outset of the Contract (e.g.
insurances) being higher than the amount which the Contractor can
substantiate, payment for the excess amount will be effected over the
period of the Contract.
Payments for amounts inserted against time related items in this
Preliminaries Section such as overtime, plant, construction manager,
watching, etc. will be effected over the period of the Contract in the
same proportion as the value of the Contractor's work carried out is
to the total value of the Contractor's work (excluding Preliminaries).
In the event of no amount being inserted by the Contractor in respect
of this Preliminaries Section, no relative payment whatsoever will be
included in interim payments.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/2
2.0 DEFINITIONS
2.01 Employer
Chinese Temples Committee
2.02 Architect
The Project Manager of the Chinese Temples Committee or other
personnel authorized by the Project Manager.
2.03 Not used
2.04 Clerk of Works
Such representative on site as may be appointed by the Employer.
2.05 Quantity Surveyor
Rider Levett Bucknall Limited
2.06 Main Contractor/Contractor
The Contractor appointed to carry out the Works.
2.07 Architect’s representative
Such representative of the Architect on the Site as may be
appointed.
2.08 Technically Competent Person
Such Architect’s representative on site as required by the
Buildings Department.
2.09 The Authority
The Authority shall mean the Building Authority or any
Government department or public utility company or statutory
undertaker having jurisdiction with regard to the Works or with
whose systems the same are or will be connected.
2.10 Public Utility Companies
Public Utility Companies shall include any company engaged in
the supply of electricity, water, gas, telephone or other
similar services with whose systems the Works are or will be
connected.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/3
2.0 DEFINITIONS (Cont’d)
2.11 Allow
Whenever the word “allow” occurs in these Tender Documents the
cost of the items shall be at the risk of the Contractor and no
adjustment will be made at the settlement of accounts unless
the work described in an item is not required, in which case
the relevant sum will be omitted. In the absence of any price
against such items, the cost shall be deemed to be included in
the rates contained in the Tender Documents.
2.12 B.S./B.S.S.
British Standard Specification (Latest Edition in Metric Unit)
where applicable
2.13 C.P.
The latest British Standard Code of Practice as at the time of
tendering including any amendments thereto, and as issued by
the Council for Codes of Practice for Building of Lambeth
Bridge Road, London S.E.1
2.14 Approved
Written approval by the Architect or verbal approval by the
Architect as confirmed by the Main Contractor in writing within
seven days
Note: The approval of the Architect shall not in any way
relieve the Main Contractor of his contractual obligations and
responsibilities under this Contract
2.15 Directed
Written instruction by the Architect
2.16 Month
One calendar month
2.17 Day
One calendar day
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/4
3.0 DESCRIPTION OF THE WORKS
3.01 Generally
The descriptions of the scope of the Works and description of
the Works given hereunder must not be considered as being
complete.
The tenderer is deemed to have read other related documents,
Specification – Technical, etc. and in particular to have
visited the site, studied the tender drawings such that he is
fully aware of the full extent of the Works.
3.02 Scope of the Works
The Works to be carried out under this Contract comprise the
design, supply, installation, testing, commissioning and
maintenance of smoke abatement plant at Kwun Yum Temple,
Station Lane, Hung Hom, Kowloon, Hong Kong all in conforming
with the Conditions of Contract, Contract Drawings and
Specifications including but not limited to the following:
(a) Base Scope
(i) Demolish and clear away smoke abatement plant
including structural supporting structures,
including all necessary reinstatement works of the
affected areas as per drawings.
(ii) Design, supply and install smoke abatement plant
as per Drawings and Specifications, including all
necessary testing and commissioning, submission of
test report etc.
(iii) Design and construct builder’s works including but
not limited to the supporting structure for the
smoke abatement plant and smoke filtration plant
of smoke control system (smoke control system will
be designed and constructed by other)and
associated building services.
(iv) Alter, divert and adjust the existing building
services such as electrical and plumbing and
drainage etc.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/5
3.0 DESCRIPTION OF THE WORKS (Cont’d)
3.02 Scope of the Works (Cont’d)
(a) Base Scope (Cont’d)
(v) Submission of as-fitted drawings, operation and
maintenance manuals as specified.
(vi) Other works for the construction of the above
works not specifically mentioned above but are
shown on Drawings or described in the
Specification required for the completion of the
Works to the satisfaction of the Architect.
(vii) Carry out laboratory test(s) to verify that the
performance of the completed Smoke Abatement
Plant meeting the required standards. If the
first laboratory test results show the
performance of the Smoke Abatement Plant fail to
meet the required standards, the Contractor is
allowed to carry out one more laboratory test
for verification. All laboratory tests shall be
carried out by a laboratory approved by the
Employer at the Contractor’s own cost.
(viii) Provision of twenty-four (24) months free
maintenance and cleansing service from
Substantial Completion of the Works with details
as stated in Clause 3.04 of this Specification –
Preliminaries.
(ix) Provision of condition survey report with photo
records of existing condition of the Temple for
the Employer’s record before any site works
shall be carried out.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/6
3.0 DESCRIPTION OF THE WORKS (Cont’d)
3.02 Scope of the Works (Cont’d)
(b) Optional Scope
(i) Provision of 8 years maintenance and cleansing
service after the expiry of the first twenty-
four months free maintenance and cleansing
service with details as stated in Clause 3.04 of
this Specification – Preliminaries.
This optional scope shall be priced against the item for
the same as provided in the Schedule No. 5.
In respect of the Optional Scope, the Employer shall
have full discretion in deciding whether such scope of
works shall be included at the award of contract. In
case the Optional Scope is included, the total amount
for Optional Scope shall be included the Contract Sum
accordingly.
3.03 Design responsibility
An Independent Design Checking Engineer (IDCE) shall be
employed under the discipline including but not limited to
structural engineer, geotechnical engineer, building services
engineer and/or other relevant professional design disciplines
required to make verification, approval and endorsement on the
Contractor’s design works including drawings and calculations
etc. to ensure that the Works are carried out in order with the
statutory requirements.
The design of the Works is all at the responsibility of the
Contractor. The Contractor shall submit to the Architect for
all proposal, drawings, calculations, etc. detailing the Works
to be carried out and the method to carry out the Works which
satisfy the Employer’s requirements and the statutory
requirements. The Architect may reject, approve or amend such
proposal, drawings, calculations, etc. If the proposal and
drawings are rejected, the Contractor shall revise them as
necessary and resubmit the revised proposal, drawings,
calculations, etc. for the Architect's approval.
In no circumstances shall the Contractor be relieved from his
responsibility under the Contract by the Architect's
endorsement/approval.
The Contractor is deemed to have allowed in the Contract all
the extra cost and time for the design and construction in
connection with the above requirements and the Contractor shall
be responsible for preparing all information, drawings,
calculations, etc. necessary for the Architect to review and
make approval on the design.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/7
3.0 DESCRIPTION OF THE WORKS (Cont’d)
3.04 Maintenance and cleansing service
The Contractor shall provide maintenance and cleansing service
free of charge to the Employer for a period of twenty-four (24)
months from the Substantial Completion of the Works.
The service of maintenance and cleansing shall include but not
limited to the following:-
1) Provision of bi-weekly cleaning to all equipment;
2) Provision of monthly inspection, testing and examination
of all the equipment;
3) Carrying out of any replacement of parts necessary to
maintain the equipment in good working order at all
times;
4) Provision of emergency repairing and replacement service
within twenty-four (24) hours after receiving request
from the Employer, with submission of a report after
each repairing service
All work under the maintenance and cleansing service shall be
performed by competent personnel under the supervision and in
the direct employ of the Contractor.
All repair and/or replacement works including emergency and
temporary works shall be carried out by the Contractor at times
as specified by the Employer so as not to interfere with the
proper use and functioning of the completed Works. For the
replacement of parts of the equipment, the Contractor shall
submit a quotation with a list of equipment parts to be
replaced with their corresponding information including cost,
estimated operation duration, type of the parts, manufacturer,
reference code etc. for Employer’s consideration. The
Contractor shall only carry out the repairing and replacement
work after receiving the Employer’s confirmation. The Employer
is not bound to accept the quotation submitted by the
Contractor and the Employer shall employ other contractors to
carry out such repairing works. Claims from the Contractor for
the above will not be entertained.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/8
4.0 SITE AND INSPECTION
4.01 Location
The Site of the Works is at Kwun Yum Temple, Station Lane, Hung
Hom, Kowloon.
4.02 Access and restrictions
The Contractor’s attention is drawn to the proximity of the
adjacent properties, buildings, roadways, retaining walls,
footpaths, lanes etc. The Works shall not obstruct access,
cause damage or cause any hazard to pedestrian, vehicular
traffic or adjacent properties, roadways, footpaths, etc.
Access shall be maintained at all times to all existing
buildings at or adjacent to the site of the Works.
The Contractor shall be deemed to have visited the Site and to
satisfy himself the location and layout of the existing access
and entrance to the site of the Works. The Contractor shall
allow for maintaining free access and entrance to the Site of
the Works with all necessary temporary roads, tracks, crossings,
bridges, etc. with adequate protection and safety measures,
when making delivery and for reinstating the Site and all works
damages or disturbed upon completion of the Contract to the
full satisfaction of the Architect. The Architect may issue
instructions to the Contractor regarding the relocation of the
access and entrance and the Contractor shall be complied with
these instructions at no extra cost and time to the Contract.
The Contractor shall confine his transportation of labour,
spoil, material and construction plant to approved access,
entrance and routing as delineated by the Employer and the
Architect.
The Contractor shall bear all expenses and charges for special
or temporary way leaves required by him in connection with
access to the Site and shall provide at his own cost any
accommodation outside the Site which may be required by him.
Access to the Site, working areas, and the suitability of such
will be the responsibility of the Contractor. The Contractor
will be responsible for ensuring that he is properly authorized
to cross pavements and areas and he must give all notices, pay
all fees and reinstate at his own cost all damage caused by him
to such pavements and areas howsoever occurring.
The Contractor should allow for delivery time restrictions
including outside normal working hours.
Material delivery schedules shall be submitted to and agreed by
the Architect and the Employer prior any deliveries being made.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/9
4.0 SITE AND INSPECTION (Cont’d)
4.02 Access and restrictions (Cont’d)
The addition, access will be subject to the following
restrictions:-
(a) Due care must be taken to ensure the safety of
pedestrians and / or vehicles using the streets. An
attendant must be present when trucks are entering or
leaving the Site to safeguard pedestrian’s traffic;
(b) Neither vehicles, equipment nor materials, which may be
required for use on the Site, are to be parked, stored or
left in or over the streets;
(c) No “banking-up” of vehicles is permitted in the street;
(d) Neither water nor mud nor other offensive material is to
be allowed to drain from the Site on to the street;
(e) Vehicles conveying materials to or from the Site are to
be properly laden and suitably equipped as to prevent
spillage of materials on to the streets and / or dust
into the atmosphere; and
(f) The Contractor is advised that in case large deliveries
of material or materials of large size are to be made to
the Site. A list of these materials and time for delivery
is to be forwarded to the Architect at least one week
before so that special arrangements for access can be
made, provided always that all matters concerning access
remain the responsibility of the Contractor. No external
hoisting will be permitted. No claims for additional
expense or extension of time will be entertained for
double handling, repeat visits, etc. arising from the
Contractor’s failure of implement the requirements of
this Clause.
The Contractor shall arrange with the Employer for “Work
permit” for any person on Site employed by himself or his sub-
contractors.
The Contractor shall conform with the regulations and
restrictions imposed by the Police or other government
authorities with regard to traffic arrangement, usage of roads,
loading and unloading, temporary traffic controls, etc. The
Contractor shall comply with all traffic regulation to the
relevant permits for parking, loading and unloading outside the
site boundary. No claim whatsoever will be entertained as a
result of change of the traffic arrangements around the site
during the Contract period. The Contractor shall allow in his
tender any extra cost incurred in complying with such
regulations and restrictions which may be imposed or altered
from time to time including the payment of fees and the
application for permit required.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/10
4.0 SITE AND INSPECTION (Cont’d)
4.02 Access and restrictions (Cont’d)
The Contractor shall make every endeavour to cause the minimum
of nuisance, noise, dust or any other disturbance or
inconvenience to the neighbouring properties, occupants,
pedestrians or traffic.
The Contractor shall provide everything necessary (e.g. traffic
signs, steel covering plates, etc.) to ensure that the
adjoining roads and streets remain unobstructed by his own
traffic and be kept clean from debris, etc. arising from this
Contract at all times during the contract period.
Hung Hom Kwun Yum Temple is used by the public or the staff of
the temples during the construction period. The opening hour of
the temple is 8:00am to 5:45pm daily. The contractor’s
attention is directed to the requirement that the existing
pedestrian right of way shall be maintained 24 hours operative
throughout the entire construction period for access to the
temple by the public or the staff of the temple. The Contractor
is responsible for design, authority approval and execution of
any work required such as traffic diversion, sequencing,
temporary supports, hoarding modification and reinstatement etc.
in order to enable the demolition and installation works to be
done.
Tenderers shall allow here for all extra cost and time arising
from the above requirements. No claim for extra payment or
extension of time in this respect in future will be entertained.
4.03 Site visit
Tenderers are advised to visit the Site of the Works and make
themselves thoroughly acquainted with the location, general
site conditions, type of ground to be excavated, accessibility,
storage space, restrictions for loading and off-loading
materials, etc., and any other conditions which may affect
their tender.
No claim for extra payment or extension of the contract period
will be allowed on the grounds of ignorance of the conditions
under which the work is to be carried out.
The Contractor shall accept the Site as found on the Date for
Possession of the Site and at his own expense clear the Site of
any debris, etc., which may have been left on the Site, form
and level the Site where necessary to a condition suitable for
the proper execution of the Works.
Other information which may be available are given in good
faith as a guide only to tenderers, but no responsibility can
be taken for their accuracy or applicability over the whole
site.
The Contractor may allow cost for all necessary transportation
for site visit, inspection and meetings for the Employer and
consultant team.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/11
4.0 SITE AND INSPECTION (Cont’d)
4.04 Not used
4.05 Working area
The working area that the Contractor will have for the work
in the Contract is within the “working area” as indicated on
drawing SK-3 (except works which are outside the site
boundary).
The storage, movement or lifting of equipment, materials and
plant and the activities of the labourers shall at all times
be confined within the prescribed boundary of the working
area.
Should the Contractor require off-site areas for storage etc.
he should allow for all additional costs, including rent,
insurance, etc., in connection therewith.
Should any damage occur outside the Contractor’s working area
arising from the carrying out of the Works and caused by any
acts, omissions or default of the Contractor or any of his
sub-contractors, the Contractor shall be responsible for
making good all such damage entirely at his own expense.
The Contractor is deemed to have allowed in his tender for
efficient planning of works and any off-site fabrication and
storage that may be required.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/12
5.0 POSSESSION, COMMENCEMENT, TERMS OF PAYMENT AND COMPLETION
5.01 Possession of Site
The Contractor shall take over the Site as set out in the
Contract. The tentative Date for Possession of the Site is
March 2018.
Immediately upon taking possession of the Site, the Contractor
is to check and satisfy himself as to the correctness of the
setting out, levels, etc., of the works already carried out on
the Site before he commences his work. He shall immediately
inform the Architect of any discrepancies or faults found in
such works, otherwise no claim will be considered for costs
incurred and/or extensions of time in respect of such
discrepancies or faults. In the event of the Contractor failing
to observe this requirement, any work under this Contract which
is incorrectly constructed as a result of such discrepancies or
faults shall, if so required by the Architect, be pulled down
and re-erected at the Contractor's expense.
The Contractor is to note that there is no guarantee to be
given on the tentative dates shown above and it is only
provided for the Contractor’s programming purpose. No claims
whatsoever will be considered if the actual award of the
Contract and possession of the Site is earlier or later than
the dates as shown above.
The Contractor may not have exclusive possession of the Site. The Contractor is to note that the temple may be used by the public or the staff of the temple during the construction period, i.e. after the Date of Possession of the Site and before the Date for Completion of the Works as stipulated in the Contract. The Contractor shall allow in his price and
programme of works to share the Site or part of the Site and to allow the convenient use of the Site by the public and the staff of the temple at any time during the Contract Period if so instructed by the Architect.
The Date of Possession of the Site shall be notified in writing
by the Architect to the Contractor who shall then enter upon
the Site and proceed with the Works with due care and diligence.
The Architect’s letter notifying the Contractor of the Date for
Possession of the Site shall be dated within 7 days prior to
the Date for Possession in order to give the Contractor time to
make all the necessary arrangements to commence the Works.
The Contractor shall, at his own cost after possession, clear
the Site of all debris, etc. which may have been left on the
Site and provide all necessary watchman to prevent unauthorized
entry.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/13
5.0 POSSESSION, COMMENCEMENT, TERMS OF PAYMENT AND COMPLETION (Cont’d)
5.01 Possession of Site (Cont'd)
The Contractor shall not use the Site for any purpose other
than for carrying out the Works.
The Contractor shall also allow sufficient temporary hoarding
to protect and separate the public in the other parts of the
temple which shall be in full operation during the whole
construction period.
5.02 Not used
5.03 Completion
The Works are to be completed within the time set out in the
Contract stated in the Clause 6.02 of the Preliminaries
including the Commencement Date, Sundays and public holidays.
This period shall be calculated from the Date for Possession.
It is essential that the Contractor completes the works on or
before the Completion Date.
The Contract period shall include but not limit to :
(1) the submission of Safety Plan within two weeks upon award
of Contract to the Architect; and
(2) the preparation of drawings, calculations, submissions to
and obtaining necessary approvals from the Architect for
the Works.
The Contractor shall prepare the Works, submit relevant
Statutory Forms and any other documents and submissions which
are required to be prepared by him to relevant authorities as
if BD’s submission and approval are required for this project,
and make all necessary arrangements for inspections by the
Architect during Construction Stage. The Contractor shall be
deemed to have made due allowance in his tender and works
programme for all measures, procedures and arrangement
necessary for obtaining the said acknowledgement. No time
extension or cost compensation shall be granted to the
Contractor for the following cases including but not limited
to :
(1) any late issuance of consents due to the Contractor’s
faults including the submission of incomplete or
insufficient information; and
(2) any of the documents submitted by the Contractor be
rejected by the Architect or subsequently relevant
Authorities, the Contractor shall re-submit the documents
to the satisfaction of the Architect.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/14
5.0 POSSESSION, COMMENCEMENT, TERMS OF PAYMENT AND COMPLETION (Cont’d)
5.03 Completion (Cont'd)
The Contractor shall be deemed to have allowed in the Contract
for the flexibility in the commencement of the actual
construction works. The Contractor shall neither be entitled to
additional payment nor to claim that time for completion of the
Works has been placed at large as a result of such flexibility.
If it becomes apparent that there is any likelihood of the
Completion Date not being met, the Architect may issue
instructions to the Contractor directing any revision to the
sequence of works, etc., to enable the works to be completed on
time. The Contractor shall comply with such instructions at no
extra cost.
The Contractor should allow in his tender for all extra costs
for overtime, provision of extra labour and all other
provisions considered necessary for the timely completion of
the Works.
Notwithstanding the Clauses in the Conditions of Contract, the
onus will be on the Contractor to make in writing to the
Architect any application for a variation to the Contract to
cover extensions of time. Such applications shall be supported
by valid reasons and proof thereof and in accordance with the
said clauses and shall be confirmed by an Architect’s
Instruction. All such applications shall be submitted to the
Architect within fourteen days of the event. Any applications
not made within fourteen days stated shall be declared invalid.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/15
5.0 POSSESSION, COMMENCEMENT, TERMS OF PAYMENT AND COMPLETION (Cont’d)
5.04 Terms of payments
Payments will be made to the Contractor upon the Architect's
certification as set out below : :-
(1) 10% of the Contract Sum excluding optional items of
annual maintenance and cleansing services upon signing
of the Contract.
(2) 20% of the Contract Sum excluding optional items of
annual maintenance and cleansing services upon
Employer’s acceptance of the design of the Smoke
Abatement Plant.
(3) 50% of the Contract Sum excluding optional items of
annual maintenance and cleansing services after
completion of the Works and the issue of the Substantial
Completion Certificate.
(4) 10% of the Contract Sum excluding optional items of
annual maintenance and cleansing services after twelve
(12) months of Defects Liability Period.
(5) 10% of the Contract Sum excluding optional items of
annual maintenance and cleansing services upon expiry of
twenty four (24) months Defects Liability Period or the
issue of the Defects Rectification Certificate whichever
is the later.
(6) Payment of annual maintenance and cleansing services
shall be made after the services have been completed to
the satisfaction of the Architect.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/16
6.0 CONDITIONS OF CONTRACT
6.01 Form of Contract
The Conditions of Contract are as defined in the Special
Conditions of Contract included with and forming part of these
Tender Documents.
The following is a list of the Standard Conditions of Contract
clause headings and where these have been deleted, amended or
added to by the Special Conditions of Contract they have the
words "deleted", "amended" or "additional" in parentheses at
the end of the clause. The Contractor should allow here or in
his rates for complying with any of the Conditions of Contract
which are not described more fully elsewhere in this
Preliminaries Section.
The allowances shall take into account any cost effects
resulting from the Special Conditions of Contract.
Clause No. 1. Interpretation and definitions
2. Contractor's obligations
3. Master programme
4. Architect's instructions
5. Documents forming the Contract and other
documents
6. Statutory obligations
7. Setting out the Works
8. Materials, goods, workmanship and work
(amended)
9. Intellectual property rights
10. Contractor's site management team
11. Access for the Architect to the Works
12. Architect's representative
13. Variations, Provisional Quantities,
Provisional Items and Provisional Sums
14. Not Used
15. Contract Sum
16. Materials and goods on or off-site
17. Substantial Completion and defects liability
(amended)
18. Partial possession by Employer
19. Assignment and sub-letting
20. Injury to persons and property and indemnity
to Employer
21. Insurance against injury to persons or
property (amended)
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/17
6.0 CONDITIONS OF CONTRACT (Cont’d)
6.01 Form of Contract (Cont’d)
22. Insurance of the Works
22A. Insurance of the Works by the Contractor
22B. Insurance of the Works by the Employer
(deleted)
22C. Insurance of existing building and insurance
of the Works by the Employer (deleted)
22D. Professional Indemnity Insurance (additional)
23. Possession, commencement and completion
(amended)
24. Damages for non-completion (amended)
25. Extension of time (amended)
26. Delay recovery measures
27. Direct loss and/or expense
28. Notice of claims for additional payment
29. Nominated Sub-Contractors and Nominated
Suppliers (deleted)
30. Persons engaged by Employer
31. Facilities for statutory undertakers and
utility companies
32. Certificates and payments (amended)
33. Surety bond (amended)
34. Antiquities
35. Determination by Employer
36. Determination by Contractor
37. Determination by Employer or Contractor
38. Fluctuations (deleted)
39. Notices, certificates and other communications
40. Recovery of money due to the Employer (amended)
41. Settlement of disputes
42. Urgent Work by Person other than the Main
Contractor (additional)
43. Inspection of the Site (additional)
44. Interference with Traffic and Adjoining
Properties (additional)
45. Sufficiency of Tender (additional)
46. Safety Plan (additional)
47. Environmental Management Plan (additional)
48. Warranties and guarantees (additional)
49. Contracts (Rights of Third Parties) Ordinance
(additional)
50. Marking Scheme in tender evaluation
(additional)
Schedule 1 Form of surety bond to be given by the
Contractor to the Employer (amended)
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/18
6.0 CONDITIONS OF CONTRACT (Cont’d)
6.02 Appendix to the Standard Conditions of Contract
The following particulars will be inserted in the Appendix to
the Standard Conditions of Contract :
Clause
Time for submission of
master programme
3.1 Within 14 days of
acceptance of the
Contractor's tender
Defects Liability Period 17.3 24 months from
Substantial
Completion of the
Works
Limit of indemnity to
third party liability
insurance against injury
or death to any person
21.2 HK$ 50,000,000.00
Limit of indemnity to
third party liability
insurance against injury
or damage to real or
personal property
21.2 HK$ 50,000,000.00
Insurance of the Works 22.1 Clause 22A applies
Percentage to cover
professional fees
22.2 4%
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/19
6.0 CONDITIONS OF CONTRACT (Cont’d)
6.02 Appendix to the Standard Conditions of Contract (Cont’d)
Clause
Date for Possession
of the Site
23.1 Within 7 days of the
Architect's written
instructions
Commencement Date 23.2 Within 7 days of the
Architect's written
instructions
Completion Date 23.2 9 Months from the
Date of Possession
of the Site
Liquidated and
ascertained damages
24.2 HK$600.00 per day
Period of Interim
Certificates
32.1 Refer to
Specification
Preliminaries Clause
5.04
Period for payment of
certificates
32.1 Forty-two (42) days
Retention Percentage 32.4 Not applicable
Limit of Retention 32.4 Not applicable
Period for completion
of the final account
32.6 12 months from
Substantial
Completion of the
whole of the Works
Amount of surety bond 33.1 5% of the Contract
Sum (rounded to
nearest thousand
dollars)
Release of insurance
company or bank
33.2 Clause 33.2B
applies
Fluctuations 38 Not applicable
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/20
7.0 TENDER, DRAWINGS AND SPECIFICATION
7.01 Tender
The tender shall be for the carrying out of the whole of the
Works in conformity with the Contract Drawings, Conditions and
Specification.
If the Contractor includes a percentage adjustment to any rate
or trade or other summary, the quoted percentage adjustment
shall be applied as for the adjustment of errors as set out in
Conditions of Tendering to all such items in so far as the
quoted percentage adjustment expressly incorporates the rates
of such items in the Schedule of Quantities and Rates.
Where the Contractor includes a lump sum adjustment to any
trade or other summary, the lump sum shall be converted to a
percentage and applied as above accordingly.
7.02 No adjustment for rises or falls in cost of labour and
materials
There will be no adjustment to the Contract Sum for rises or
falls in the cost of labour and materials or exchange rates of
currencies.
7.03 Schedule of Quantities and Rates
The tenderer shall complete the Schedule of Quantities and
Rates showing the quantities and rates on which his tender has
been based for the various sections of work. The quantities are
to be nett as fixed in position and the rates shall include for
material and fabrication costs, conveyance and delivery to the
Site, unloading, storing, hoisting, lowering and all labour in
setting, fitting and fixing in position, all cutting and waste,
return of packings, use of plant and tools, establishment
charges, overhead charges and profit.
The use of "lump sums" in the Schedule of Quantities and Rates
is to be avoided wherever possible. The unit rates will be used
for the purpose of ascertaining the price of Variations and
calculating the amounts of interim payments.
The quantities in the Schedule of Quantities and Rates or other
statement as to quantities submitted by the tenderer are at his
sole risk and do not form part of the Contract.
In the absence of any items in the Schedule of Quantities and
Rates for works shown on the Contract Drawings or described in
the Specification, any monetary cost attributable thereto shall
be deemed to have been included elsewhere in the tendered sum.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/21
7.0 TENDER, DRAWINGS AND SPECIFICATION (Cont’d)
7.03 Schedule of Quantities and Rates (Cont’d)
If so required by the Architect the Contractor shall submit
further breakdown of the Schedule of Quantities and Rates
showing the build-up of any "lump sums" included in the
Schedule of Quantities and Rates.
In the event of any variation being made to the Works as the
work proceeds, such variations shall be assessed on the basis
of the items of the Schedule of Quantities and Rates and the
Contract Sum shall be adjusted accordingly; except that no such
variation shall be permitted to the Contract Sum unless the
scope of the Works or the Employer’s requirements of the same
are varied on the Architect's Instructions. That is to say
payment for variations will not be allowed in respect of items
which the Contractor should have included in his tender.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/22
7.0 TENDER, DRAWINGS AND SPECIFICATION (Cont’d)
7.04 Provisional Quantities
The quantities described as PROVISIONAL in the Schedule of
Quantities and Rates are subject to remeasurement upon
completion of the Works. The Contract Sum shall be adjusted
accordingly.
"Items" within sections of the Provisional Quantities are
provisional and the sums inserted against the various "Items"
will be included in the remeasurement upon completion of the
works only when instructed by the Architect. If the work
described in an "Item" is not required, the relevant sum will
be omitted from the remeasurement.
The works which are the subject of the Provisional Quantities
will be measured as constructed and paid for at the rates
contained in the Schedule of Quantities and Rates.
The Provisional Quantities are estimates only and no
responsibility can be taken for their accuracy. No adjustment
will be made to the contract rates used for pricing the
remeasured quantities nor extension allowed to the contract
period should the final quantities differ from the original
Provisional Quantities.
7.05 Optional Works
Where some items are stated as "OPTIONAL” in the Specification
or Schedule of Quantities and Rates, the Architect shall have
full discretion in deciding whether these optional works are to
be carried out by the Contract or by other contractors. If the
Architect determines to exercise these optional works into this
Contract, the costs allowed for these works items by the
Contractor shall be added into the Contract Sum. The Contractor
shall also state clearly in his programme the deadline for the
Architect to determine upon the options. If no such time is
stated for any of the option, the said option shall be deemed
to be valid for the Architect to exercise at any time before
Substantial Completion of this Contract subject to condition
that neither unreasonably distant from nor unreasonably close
to the Substantial Completion. The Contractor shall be aware of
the above requirement and allow all the costs incurred in this
respect. No claims for loss and expense and/or loss of recovery
of overheads or profits and/or additional attendance costs
and/or other additional costs arising therefrom will be
entertained should the Contractor fail to observe the above
requirement.
7.06 Contingencies
A Provisional Sum is included in the Schedule of Quantities and
Rates for Contingencies to be used as directed by the Architect.
The amount is to be deducted wholly or in part if not required.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/23
7.0 TENDER, DRAWINGS AND SPECIFICATION (Cont’d)
7.07 Ordering materials, etc. from Contract Drawings and/or
Specification
The Contractor should note that he should not order materials
or commence work based only on quantities or sizes stated on
the Contract Drawings and/or in the Specification(s) without
reference to the site measurements, and there shall be no
liability for any expense incurred by the Contractor in
connection with wrong items or abortive work which would have
been apparent had the site measurements been checked.
The Contractor shall be responsible for the correct ordering of
materials and goods.
7.08 Drawings forming part of the Tender Documents
The drawings listed in the "Schedule of Drawings" form part of
the Tender Documents.
7.09 Drawings, etc. at Site
A complete set of the Contract Drawings and Specification
together with copies of all variation orders and additional
drawings issued after the Commencement Date shall be available
on the Site at all times for reference by the Architect.
The drawings shall be stored in a neat and orderly manner.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/24
7.0 TENDER, DRAWINGS AND SPECIFICATION (Cont’d)
7.10 Shop drawings
Shop drawings, as may be required, shall be furnished by the
Contractor well before the work proceeds and in any case within
two weeks of the Architect's written request. The Architect may
reject, approve or amend such shop drawings. No claim will be
accepted for disapprovals or amendments required by the
Architect.
The approval by the Architect of any such drawings shall not
relieve the Contractor of his duties and responsibilities under
the Contract.
7.11 Dimensions
Figured dimensions are to be taken in preference to scaled in
all cases. Before commencing any work or ordering any materials
the Contractor must verify all measurements. If any
discrepancies are found they must be brought to the notice of
the Architect immediately.
7.12 Specification
The Contractor is directed to examine the Specification bound
into and forming part of the tender documentation.
The Contractor should allow here or in his rates for complying
with the requirements of the Specification.
The interpretation of the Specifications shall be at the sole
discretion of the Architect.
7.13 Discrepancies
Where there are discrepancies between this Preliminaries
Section and the Technical Specification this Preliminaries
Section shall take precedence.
The Contractor is to be responsible for checking through the
Contract Drawings to ensure that they contain sufficient
information and details for the execution and completion of the
Works. Should the Contractor discover in the course of
construction that additional information or detailed drawings
are necessary, he is to inform the Architect at least two (2)
weeks before such information or detailed drawings are required
as no claims for delay or whatever will be permitted due to the
unavailability of the information or detailed drawings in time
for the execution of the Works on account of the Contractor’s
failure so to inform the Architect.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/25
8.0 MATERIALS AND WORKMANSHIP
8.01 Compliance with regulations
Materials, workmanship and the works as a whole shall conform
to or be of a higher standard than the minima required by the
latest edition of the Buildings Ordinance, Chapter 123 of the
Laws of the Hong Kong Special Administrative Region.
The Works and the execution thereof shall also conform to any
other Ordinances, Regulations or Codes of Practice issued by
relevant authorities, which have jurisdiction over the Works or
govern the design or testing of the Works or serve to enhance
good practice or standard of workmanship, in so far as they are
applicable to the Works.
8.02 Samples
The quality of materials and articles supplied for any purpose
are to be approved by the Architect prior to their use in the
Works. Wherever practicable samples are to be submitted for
approval before bulk supplies are delivered to the Site.
Approved samples are to be kept on the Site to serve as
standards for the materials or goods represented by the samples.
Samples, and any packing for same, are to be provided free of
charge by the Contractor.
Should any material or article be rejected it shall be removed
from the Site at the Contractor's expense.
The Contractor shall provide samples of workmanship for all
trades and obtain the Architect's approval prior to
commencement of each trade.
All subsequent workmanship shall be to the standard of the
approved samples.
The submission to and approval by the Architect of any samples
shall not relieve the Contractor of any of his duties or
responsibilities under the Contract.
8.03 Safe custody of materials
The Contractor shall be responsible for the safe custody of all
materials delivered on to the Site. He will be required to
reinstate at his own expense any such materials that may be
lost or stolen.
He will also be required to reinstate at his own expense any
material or article damaged by careless handling or storage or
as a result of inferior workmanship by his workmen either in
the original fixing or in the subsequent taking down and
refixing thereof.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/26
8.0 MATERIALS AND WORKMANSHIP (Cont’d)
8.04 Loading and unloading of materials
The Contractor shall take every care in the loading and off-
loading of materials for the work, ensure that the street,
roads and footpaths are not obstructed or the traffic impeded
and conform with the police regulations therewith.
8.05 Proprietary brand names
Where phrases such as "or approved equal" or "other approved"
or "other equal and approved" or similar phrases which follow
the proprietary brand names in the Specification such phrases
are deemed to be included in the relevant descriptions in the
Schedule of Quantities and Rates.
8.06 Warranties and guarantees
The Contractor shall provide the warranties/ guarantees for the
smoke abatement plant and works as required in the
Specification upon the issue of the Certificate of Substantial
Completion of the Works.
The Contractor shall note that the provision of a Warranty is
an additional coverage to the Employer against defective design
and/or products and/or workmanship provided by the Contractor
under the Contract, and it should not be construed as relieving
the Contractor's obligations under the Contract nor under
Common Law in respect of latent defects.
The Contractor shall promptly carry out at his own cost all
repair and/or replacement works including emergency and
temporary works to rectify any defect or failure in the works
guaranteed.
All repair and/or replacement works including emergency and
temporary works shall be carried out by the Contractor at times
as specified by the Employer so as not to interfere with the
proper use and functioning of the completed Works. In the event
that such repair and/or replacement work is not carried out by
the Contractor promptly, the Employer may, without prejudice to
any other remedy, proceed to carry out such work by its own
workmen or by other contractors and the cost properly incurred
by the Employer in having such work carried out shall be a debt
due to the Employer from the Contractor and shall be paid to
the Employer by the Contractor immediately on demand.
The Contractor shall undertake to indemnify the Employer and
the Contractor against all losses and claims for injury or
damage to any person or properly whatsoever which may be caused
by any defects or failure in the works guaranteed and against
all claims, demands, proceedings, damages, costs, charges and
expenses whatsoever in respect thereof or in relation thereto.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/27
8.0 MATERIALS AND WORKMANSHIP (Cont’d)
8.06 Warranties and guarantees (Cont’d)
The Contractor shall undertake to make good or, at the option
of the Employer, pay to the Employer the cost of making good
any damage, loss or injury which may occur to any property of
the Employer and undertake to recompense the Employer in
respect of any damage, loss or injury which may occur to any
employee of the Employer caused by any defect or failure in the
works guaranteed.
The Architect will not issue the Defects Rectification
Certificate, unless all Warranties as required under the
Contract are submitted by the Contactor all to the satisfaction
of the Architect and the Employer.
8.07 Testing of Materials
The Contractor shall carry out tests on all materials required
by the Architect to be tested at the Contractor’s own expense
and shall pay all charges in connection with tests ordered by
the Architect to be carried out by others.
8.08 Checking of drawings
Any drawings as supplied by the Architect are for the purposes
of showing the design intent and the general arrangement of
plants, routing, barrier wall, etc. only.
The Contractor shall check all drawings for any discrepancies
or incompatible arrangements including sizes of plants,
builder’s work provisions, proposed routing layout, etc. prior
to ordering of equipment.
No claim whatsoever for abortive work or delay arising out of
inadequate checking will be entertained.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/28
9.0 INSTRUCTIONS, VARIATIONS AND METHODS OF MEASURING AND VALUING
9.01 Site instructions
The Contractor shall maintain an efficient organisation so that
all instructions issued by the Architect are communicated
immediately to the Site and he shall take instructions only
from the Architect or persons authorised by the Architect in
writing to give them.
The Contractor shall enter all site instructions given to him
or his construction manager by the Architect or such other
persons as are authorised as noted above in a special diary
recording a description of such work ordered and shall obtain
against each entry the initials of the Architect or such other
authorised person on the day that such instructions are given.
The Contractor shall allow such diary to be inspected at all
reasonable times when required by the Architect, the Quantity
Surveyor and the Architect’s representative.
The Works shall be carried out in accordance with the
directions and to the full satisfaction of the Architect in
accordance with the signed Drawings and Specifications and such
further drawings, details, instructions and explanations as may
from time to time given by the Architect.
The Contractor will be required to carry out the Works in such
section, order, sequence and manner to suit the requirements of
and as directed by the Architect.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/29
9.0 INSTRUCTIONS, VARIATIONS AND METHODS OF MEASURING AND VALUING (Cont’d)
9.02 Stop work instructions
The Architect’s representative or the Clerk of Works is
empowered to stop all work or any section of the Works and
advise the Architect immediately, if such work is not in
accordance with the Architect's Specification, Contract
Drawings and instructions.
The Contractor shall be fully responsible for any suspension of
work ordered by the Architect and/or the Authority due to
disturbances, nuisance, excessive smoke of machinery, etc.
during the execution of work and no claim for any extra expense,
overhead, charges and time loss arising from the suspension of
work will be allowed.
9.03 Quotations for Variations
If required by the Architect or the Quantity Surveyor, the
Contractor shall within fourteen (14) days of his written
request submit a detailed estimate of the value of any
Variation instructed by the Architect.
If required by the Architect or the Quantity Surveyor, the
Contractor shall within fourteen (14) days of his written
request submit a detailed estimate of the cost and time effects
of any proposed Variation or work which is carried out at the
expense of a Provisional Sum. The issue of a subsequent
instruction by the Architect formally ordering the execution of
the proposed Variation or the work shall not be construed as
acceptance of the Contractor's estimate. The acceptance of the
Contractor's estimate shall not be a prerequisite to the
Contractor’s execution of the proposed Variation or the work.
9.04 Contractor's claims for extras for verbal instructions
The Contractor shall submit to the Architect (copied to the
Quantity Surveyor) any claims (giving full and detailed
particulars of the amount claimed) for extra and additional
work contained in the Architect's verbal instructions which
have been confirmed in writing within two months after the
event and no claim for such extra and additional work will be
considered if submitted later than required herein.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/30
9.0 INSTRUCTIONS, VARIATIONS AND METHODS OF MEASURING AND VALUING (Cont’d)
9.05 Measurement of Variations
The units of billing measured omissions and additions for
Variations or additions of remeasurements where the unit is
either metre cube or metre super the quantities shall be billed
to the nearest 0.10 of a whole unit and where the unit is
either metre run or kilogram the quantities shall be billed to
the nearest whole.
9.06 Invoices, receipts, etc.
The Contractor shall produce all original invoices, vouchers or
receipted accounts for any materials or labour charges when
called upon to do so by the Architect or by the Quantity
Surveyor. Upon making photocopies of the invoices, receipts,
etc., the originals shall be returned to the Contractor.
9.07 Contractor's expenses in connection with Variations and
settlement of accounts
The Contractor shall be responsible for making or procuring at
his own expense such additional copies of the Architect's
instructions and any specifications, schedules, drawings and
details issued therewith as are necessary for distribution
within his own organization.
The Employer will not be liable for any expense incurred by the
Contractor in connection with the measurement of Variations or
the adjustment and settlement of accounts.
9.08 Supportive documentation for a fair Valuation
Where it becomes necessary for a fair Valuation to be made, the
Contractor shall provide all supportive documentation as may
reasonably be required by the Quantity Surveyor to make such
fair Valuation, and this shall be provided by the Contractor
within one month of the Quantity Surveyor's formal request.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/31
10.0 PROGRAMME AND REPORTS
10.01 Weekly reports
Submit to the Architect at weekly intervals reports on the
general progress of the Works detailing any information
required, extension of contract period claimed, etc.
10.02 Daily reports
The Contractor shall submit to the Architect and the Clerk of
Works each day throughout the contract period a report showing
records of the labour employed on the Site under each trade,
materials delivered to the Site, plant and equipment on the
Site and the weather throughout the day.
The format of the daily report shall be submitted to the
Architect for approval before commencement of work on the Site.
In all cases where an Architect’s representative is employed
upon the Works the daily reports shall be submitted for
checking and signing by the Architect’s representative.
10.03 Progress photographs
The Contractor shall provide 4 sets of progress photographs of
the Works as and when directed by the Architect. Such
photographs shall be coloured, date printed, sufficient in
number and location to record the progress of the Works at
weekly interval.
10.04 Programme
Within two weeks from award of the Contract, the Contractor
shall submit in writing to the Architect a detailed programme
showing his intended method, stages and order of proceeding
with the Works together with the period of time he has
estimated for each and every such stage of progress. The
approval of this programme by the Architect shall be obtained
before building operations are commenced.
The Contractor shall maintain computerized project management
facilities/software to monitor the programme and progress of
the Works.
The computer software shall be subject to the approval of the
Architect and shall be able to carry out the following
functions and requirements:-
(a) Master programme
(b) Two or three weeks roll-over programme
The Contractor’s programme shall clearly define the critical
path and depict and describe the sequences and interdependence
of all of the activities in sufficient detail to satisfy the
Architect that the work is thoroughly planned and meets all the
requirements of the Contract.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/32
10.0 PROGRAMME AND REPORTS (Cont’d)
10.04 Programme (Cont’d)
The Architect reserves the right to examine, enquire and check
the practical feasibility of the programme and, if necessary,
make suggestions and require alterations to it.
If during the course of the Contract, special circumstances
arise which in the opinion of the Architect warrant or
necessitate a revision or departure from the order or procedure
as shown in the approved programme, then the Contractor shall
accordingly so revise his programme as the Architect may
require.
Approval by the Architect of the Contractor’s programme,
critical plan schedule and revisions where applicable will not
be deemed to relieve the Contractor of any of his duties and
responsibilities under the terms of the Contract.
The Contractor’s programme once approved by the Architect shall
become the accepted basis of the Contractor’s work. At this
stage, the Contractor will be required to provide schedule data,
in a form approved by the Architect, which indicates how he
proposes to take advantage of various float conditions that
exist in his network. The final delegation of total float in
the project schedule will be the subject of mutual agreement.
The programme will be updated regularly to reflect the existing
status of the work.
At monthly intervals (or at such shorter periods as may be
agreed), the complete programme shall be revised to take into
account the latest available information and the Architect be
notified of any changes.
Six copies of all programme and supporting documents shall be
submitted to the Architect. A further copy, updated monthly,
shall be displayed in the Contractor’s site office and retained
for reference until completion of the Works.
If and when it is found that the Works are not keeping abreast
with the Critical Programme, the Contractor must with the
utmost diligence endeavor to catch up on time.
Should any of the Contractor’s activities become supercritical,
the Contractor will be required to submit a report to the
Architect within seven days detailing the proposed remedial
action to be taken to alleviate the unacceptable float
conditions.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/33
11.0 NOT USED
12.0 PERSONS ENGAGED BY EMPLOYER (See also Standard Conditions of Contract
Clause 30)
The Contractor shall permit the execution of works by persons who are
not the Nominated Sub-Contractors and who may be engaged by the
Employer.
The Contractor shall afford all reasonable opportunities to persons
employed direct by the Employer for the carrying out of their work.
Such facilities shall include the reasonable use by others of any
scaffolding or staging erected by the Contractor for his own use but
the Contractor shall not be required to maintain any such scaffolding
or staging longer than is necessary for his own use or to erect any
special scaffolding or staging for the use of others unless otherwise
stated.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/34
13.0 NOT USED
14.0 OVERALL CO-ORDINATION RESPONSIBILITIES OF THE CONTRACTOR
The Contractor shall be responsible for the complete co-ordination of
the Works including works executed by the statutory undertakers and
utility companies. This responsibility shall include but not be
limited to :
(a) co-ordination of all trade sections or components one with the
other for the compatible integration of the work.
(b) establishment of detailed logical sequence of work or erection
schedules.
(c) preparation of such drawings as may be necessary to ensure that
the installation of the building services are properly co-
ordinated.
(d) ensuring that the separate contractor employed by the Employer,
statutory authorities and utility companies are allocated their
required amount of time to complete their works.
(e) provision of suitable and sufficient staff to ensure that the
co-ordination procedures are followed to enable the expeditious
completion of the Works within the time scale of the
construction programme.
(f) carrying out any alteration work and indemnification of the
Employer against all costs, charges, expenses and the like
resulting from any failure to co-ordinate the Works.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/35
14.0 OVERALL CO-ORDINATION RESPONSIBILITIES OF THE CONTRACTOR (Cont’d)
The Contractor shall be responsible for any damage caused owing to
lack of liaison with the statutory undertakers and utility companies
and shall make good such damage and/or requirement for adjustment that
might be necessary to the satisfaction of the Architect at the
Contractor's expense.
The aim of co-ordinating the building services is to enable the
services to be properly installed within the spaces designed to house
the services without conflict of one service with another or with the
building structure, architectural work or finishing and within the
time scale of the construction programme.
"building services" in this context includes services installed by the
statutory undertakers, or utility companies together with plumbing and
drainage systems and building services installations carried out by
the Contractor.
"properly installed" in addition to normal technical requirements, is
the requirement for building services to be installed in such
positions and sequence that a neat, logical and tidy appearance of all
services is achieved and that adequate space for the future
maintenance of all services is provided.
The aforesaid term "co-ordinate" shall be deemed to include the
acquisition and checking of all design drawings from the Architect and
those to be provided by statutory undertakers or utility companies for
the compatible integration of all the work, including devising and
recommending to the Architect for approval design solutions to
eliminate any conflict between the positioning of any work, and to
provide adequate space for the routing of all such work and for
subsequent maintenance of the various installations in accordance with
good practice together with technical checking of the compatibility of
adjacent services.
The Contractor shall bear the cost of carrying out any alteration work
and shall indemnify the Employer against all costs, charges, expenses
and the like resulting from any failure on the part of the Contractor
to co-ordinate the design and installation of all service
installations, as determined by the Architect.
The process of co-ordination will require the accurate location of
services and their brackets, etc. in the spaces designed to house the
services and the establishment of a detailed sequence of installation.
In the event of conflicts arising between the requirements of
different parties the Contractor will be required to negotiate
satisfactory arrangements and to see that they are resolved. Conflicts
of this nature shall be the sole responsibility of the Contractor and
do not fall within the area of responsibility of the Architect who
will not be expected to be involved in such matters.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/36
15.0 STATUTORY OBLIGATIONS
15.01 Regulations
The Contractor shall comply with any ordinances, regulations
and requirements of the Government of the Hong Kong Special
Administrative Region or statutory undertaker or utility
company applicable to the Works, subject to Clause 6 of the
Standard Conditions of Contract.
The attention of the Contractor is particularly drawn to this
obligation in respect of the Employees’ Compensation Ordinance
(Cap. 282) which requires that he insures against his liability
to pay compensation to employees injured in the course of or
caused by the carrying out of the Works.
15.02 Notices, fees and charges (See also Standard Conditions of
Contract Clause 6)
The Contractor shall comply with Clause 6 of the Standard
Conditions of Contract relative to notices, fees and charges in
respect of the Works.
15.03 Working hours, rates of wages, etc.
The Contractor shall comply with any current legislation or
regulations regarding working conditions, working hours, or
rates of payment to employees and accept the risk of any
impending legislation or other conditions which alters any
obligations or imposes new obligations.
15.04 Safety plan and safety precautions
The Contractor shall, if not already previously submitted,
immediately upon award of the Contract complete and submit to
the Architect the appropriate parts for compiling a fully co-
ordinated and documented Safety Plan for the Works in
accordance with the requirements under the Technical Memorandum
for Supervision Plans 2005 issued by the Secretary for Housing,
Planning and Lands under section 39A of the Buildings Ordinance
(Cap. 123) for approval by the Building Authority, and shall
comply with such throughout the construction period.
The Contractor shall note that the Safety Plan is a pre-
requisite document for application for consent to the
commencement of the Works. If the issue of consent is delayed
(notwithstanding solely or partly) due to any fault by the
Contractor in the preparation of the Safety Plan, no extension
of time shall be granted and the Contractor shall be
responsible for the consequences of the full delay.
The review and approval by the Architect of the Contractor's
Safety Plan shall not reduce the Contractor's liability as
specified above.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/37
15.0 STATUTORY OBLIGATIONS (Cont’d)
15.04 Safety plan and safety precautions (Cont’d)
The Contractor shall provide sufficient safety helmets for the
use of the workmen, any persons who are engaged in the Works,
consultants and other authorised persons visiting the Site.
The Contractor shall display during the hours of daylight, such
flags, signals and markings and during the hours of darkness
such lights for the safety of aircraft or the public as
required by the regulations for the time being in force in the
Hong Kong Special Administrative Region.
The Contractor shall comply with the Labour Department’s
regulations for safety of work sites.
The Contractor shall provide accident/incident report to the
Architect on the fifth day of each month.
15.05 Statutory levies
The Contractor shall pay all statutory levies applicable to his
own works (including, but not limited to, the Construction
Industry, Pneumoconiosis and Mesothelioma, and Construction
Workers Registration Levies).
15.06 Noises Control
The Contractor’s particular attention is drawn to the latest
Noise Control Ordinance which imposes new restrictions on noisy
activities which may affect the carrying out of the Works. No
claim for any extension of time or additional loss and expense
in this respect will be entertained.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/38
15.0 STATUTORY OBLIGATIONS (Cont’d)
15.07 Illegal Immigrants
The Contractor’s attention is drawn to the recent amendments
made to the Immigration Ordinance by the Immigration (Amendment)
Bill 1990 (C865). These amendments are now incorporated into
the Immigration (Amendment) Ordinance 1990 and have legal
effect.
The Contractor shall take all practicable steps to determine
that all persons employed in connection with the Works are
lawfully employable and are not illegal immigrants.
The Contractor shall be liable for and shall indemnify the
Employer against any expense, liability, loss, claim or
proceedings whatsoever arising under such Ordinance.
15.08 Liability
It is expressly provided and agreed that no final or other
certificate shall under any circumstances cover or relieve the
Contractor from liability for any fraud, default, or willful
deviation from this Contract or the work shown on the drawings,
or as described in the Specifications, or Tender Documents but
he shall remain responsible for such fraud, default, or willful
deviation and the consequences thereof, whether the same be
discovered or not, prior to the granting of such final or other
certificates.
16.0 PROTECTION OF PUBLIC PROPERTY, ETC.
16.01 Protection of public
The Contractor is to take every precaution necessary to protect
the public from injury or death during the course of the Works.
16.02 Protection of existing Employer’s property and public property
The Contractor shall maintain and protect the existing
Employer’s property and all public property and roads and
property of the utility companies and bear all costs incurred
in making good any damage caused thereto.
Hung Hom Kwun Yum Temple is confirmed as Grade 1 Historic
Building by the Antiquities Advisory Board. The Contractor
shall take into account for the statutory obligations and shall
provide all necessary works in connection with preservation of
the buildings. Any parts or items of the buildings shall not be
damaged, demolished, taken down or removed without the consent
of the Employer or the Architect. The Contractor shall be
responsible for the costs of restoration and shall indemnify
the liability of the Employer if any parts of items of the
buildings are damaged at the default or neglects of the
Contractor.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/39
16.0 PROTECTION OF PUBLIC PROPERTY, ETC. (Cont’d)
16.03 Protection of adjoining property
The Contractor shall take every precaution necessary to protect
adjoining property from damage and shall bear all costs
incurred in remedying damage caused through lack of proper care
on his part.
16.04 Not used
16.05 Maintenance of existing roads, footpaths, steps, etc.
Maintain all existing roads, footpaths, steps, etc. and
reinstate any damage caused by any reason whatsoever during the
progress of the Works. No material shall be dumped or stored
nor shall any work commence within the boundaries of a public
road without the prior written consent from the Highways
Department/Hong Kong Region.
It will be the Contractor's responsibility to ensure that the
roads leading to and around the Site are kept free from
obstruction brought about by the work on the Site and in no way
shall he cause any hindrance to traffic or ancillary works
either by his own vehicles, or by his workpeople, materials,
etc.
The Contractor shall keep all roads, footpaths, drains,
channels, etc. completely free from all mud, water, and debris
slurry etc. at all times and to the entire satisfaction of the
Architect.
The Contractor shall be responsible for repairing damage to
private streets and access roads if deterioration occurs during
the contract period.
The Contractor should be required to pay the Government, on
demand, the cost of making good any damage done to public roads
in the vicinity.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/40
16.0 PROTECTION OF PUBLIC PROPERTY, ETC. (Cont’d)
16.06 Maintenance of existing trees and shrubs
Take every reasonable precaution possible to preserve all trees
and shrubs not affected by the Works. No tree or shrub within
the boundary lines shall be cut down without the prior approval
of the Architect.
The Contractor shall erect protective fencings to surround the
trees for the said purpose all to the satisfaction of the
Architect. Do not permit access, nor dumping, nor storage of
materials within the limits of the protective fence. Due care
shall be taken in the planning and the execution of the Works
such that no damages or disturbance will be caused to the trees
by reason of execution of the Works.
The Contractor shall reimburse the Employer all costs and
expenses and/or indemnify the Employer against all claims
should the trees to be preserved are damaged or withered.
16.07 Maintenance of existing services
The Contractor shall ensure that any existing services such as
electric power, telephone, water, gas or drainage to adjacent
areas, properties and buildings which pass through the Site are
maintained during the course of the Works.
The Contractor shall arrange with statutory undertakers or
utility companies for any necessary disconnection or diversion
of drains or other services.
Any services that the Contractor requires to be diverted to
suit his method of construction shall be diverted by the
relevant authority and/or adjacent owners and the Contractor
shall bear all costs and charges in respect thereof.
Where alterations to services are necessitated by the Works, no
adjacent work shall commence until the alterations have been
made.
If, in the Architect's opinion, damage may be caused by the
operation of mechanical plant over or adjacent to services, the
Contractor shall be required to excavate by hand in their
vicinity. The Contractor shall be responsible for any damage,
accidental or otherwise, and shall make good such damage as
required at his own expense.
Before excavations are carried out near utility services by
means of mechanical plant, the Contractor shall carry out full
and adequate preliminary investigations to locate utility
services by means of hand-dug trial holes. The Contractor shall
allow for making such enquiries and investigations as are
necessary to check and confirm the positions of all utility
services before commencing work.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/41
16.0 PROTECTION OF PUBLIC PROPERTY, ETC. (Cont’d)
16.07 Maintenance of existing services (Cont’d)
The Contractor is required to monitor the internal conditions
of those existing drains in the vicinity of the Site with CCTV
survey prior to commencement and upon completion of his works
to the satisfaction of the Drainage Services Department. Any
pipe blockage or damage given rise by the construction shall be
made good at the cost of the Contractor.
The Contractor is required to install the settlement check
points on drainage system. Locations of those check points area
to be determined by the Architect/Government Department on site.
The Contractor should indemnify Employer against all claims
whatsoever arising from or in connection with the Works.
The Contractor shall take all and adequate precautions at all
times to prevent damages to existing services of whatsoever
nature, roads, installation etc.
The Contractor should be required to pay the Government, on
demand, the cost of making good any damage done to Government
drains in the vicinity.
The Contractor shall be responsible for maintaining all
existing surface water channels and drainage works within and
around the site in proper working order and shall reinstate any
damage caused by any reason whatsoever during the progress of
the Works at his own expense.
16.08 Not used
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/42
16.0 PROTECTION OF PUBLIC PROPERTY, ETC. (Cont’d)
16.09 Restricting nuisance of dust and noise
The Contractor is to take all necessary steps to restrict the
nuisance of dust and noise. Pneumatic drills shall be fitted
with silencers. Compressors shall be in good order to run as
quietly as possible and shall be placed in position as far away
as possible from adjoining premises. The Contractor shall take
care to abate the nuisance caused by dust and shall sprinkle
dusty areas with water frequently.
The Contractor’s particular attention is drawn to the proximity
of adjoining buildings. The Contractor shall arrange his works
programme to minimize construction nuisance, noise, dust, air
pollution, vibration or any other disturbance and inconvenience
to the adjoining buildings and other neighbouring properties or
to the occupants thereto.
All noisy works should be scheduled with Saturday afternoon,
Sunday and public holiday.
The Contractor shall comply with the requirements of the
relevant Authorities in respect of noise control particularly
including the requirements of the various relevant Ordinances
and the following documents whenever applicable:
(a) Practice Note issued by the Environmental Protection
Department PROPECC PN 1/96 – use of quiet Construction
Equipment for road opening works during non-sociable
hours.
(b) Technical Memorandum on Noise from Construction work
other than percussive pilling.
(c) Technical Memorandum on Noise from Construction work in
Designated Areas.
(d) Noise Control (construction work Designated Areas)
Notice.
No claim for any extension of time or additional costs/loss and
expenses in complying with the requirements will be entertained.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/43
16.0 PROTECTION OF PUBLIC PROPERTY, ETC. (Cont’d)
16.09 Restricting nuisance of dust and noise (Cont’d)
The Contractor shall be responsible to obtain relevant
construction noise permit from Government’s Authority in good
time as not to cause any delay to the commencement of the Works.
The Contractor is also reminded to take into consideration the
condition of Government’s Authority in programming his works.
No extension of time will be entertained on the grounds of the
Contractor’s failure to comply with tis conditions.
In addition to the requirements imposed by the Noise Control
Ordinance, the following requirements shall also be complied
with:-
(a) The noise level generated from equipment and tools used
in any construction operations when measured at 1 metre
from the closest external façade of the nearby noise
sensitive receivers during any 5 minute period shall not
exceed:-
i) an equivalent sound level (Leq) of 75 dB(A) if
the noise levels as measured in the same
locations due to ambient sound alone do not
exceed 70 dB(A)
ii) by a margin of 5 dB(A) above the ambient noise
level as measured in the same locations only
during the periods when such ambient sound levels
exceed 70 dB(A).
(b) Should the limits stated in the above sub-clauses (i)
and (ii) be exceeded, stop the construction operation(s)
causing the excesses and do not re-commence until
whatever measures acceptable to the Architect that are
necessary for compliance have been taken.
(c) Any stoppage or reduction in output resulting from
compliance with this clause shall not entitle the
Contractor to any extension of time for completion or to
any additional costs whatsoever.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/44
16.0 PROTECTION OF PUBLIC PROPERTY, ETC. (Cont’d)
16.09 Restricting nuisance of dust and noise (Cont’d)
(d) Provide, where necessary, sound reduction installations
such as effective silencers, mufflers, acoustic linings
or shields, acoustic linings or shields, acoustic
shields or screens in order to reduce noise produced to
the acceptable level.
The Contractor shall provide an approved sound level
meter for the exclusive use of the Engineer’s
Representative throughout the duration of the Contract.
The Contractor shall maintain, calibrate and replace the
meter if necessary. The Contractor shall monitor the
noise level daily and keep records on site for
inspection.
Notwithstanding the requirements and limitations set out
above, the Architect may upon application in writing by
the Contractor, allow the use of any equipment and the
carrying out of any construction activities for any
duration provided that he is satisfied with the
application which, in his opinion, to be of absolute
necessity or of emergency nature, or adequate noise
insulation has been provided to the noise sensitive
receivers to be affected, and not in contravention with
the Ordinance in any respect.
For the purpose of the above clauses, any domestic
premises, hotel, hostel, temporary housing accommodation,
hospital, medical clinic, educational institution, place
of public worship, library, court of law, performing
arts centre or office building shall be considered to be
a noise sensitive receiver.
16.10 Suppressors
All mechanical plant shall be fitted with radio and T.V.
interference suppressors.
All mechanical plant shall be fitted with radio and T.V.
interference suppressors. The peak particle velocities at the
nearest building resulting from the Works shall not exceed 15
mm/sec when measured with a vibrograph. Additional supports to
adjoining building should be provided by the Contractor if the
stability is affected by the Works.
17.0 INSURANCE AND SURETY (See also Conditions of Contract Clauses 20, 21,
22, 22A and 33)
17.01 Employees' Compensation Insurance
The Contractor shall effect and maintain employees’
compensation insurance.
The Contractor is solely responsible for liability for
accidents or injuries to his workpeople.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/45
17.0 INSURANCE AND SURETY (Cont’d)
17.01 Employees' Compensation Insurance (Cont’d)
The Employer shall not be liable for or in respect of any
damages for compensation under the Employees' Compensation
Ordinance, the Fatal Accidents Ordinance and any revision or
amendment thereof or at common law by or in consequence of any
accident or injury to any employee or other person whether in
the employment of the Contractor or any of his sub-contractors
of every tier and the Contractor shall indemnify and keep
indemnified the Employer against all claims, demands,
proceedings, costs, charges and expenses whatsoever in respect
thereof or in relation thereto.
The policies shall be extended to cover the Employer's
liability under any statute or ordinance or at common law. For
this purpose, the policies shall be issued on a "joint names"
basis, i.e. in the names of the Employer, Secretary for Home
Affairs Incorporated (SHAI), the Contractor, and of all his
domestic sub-contractors whilst engaged in business connected
with the Works, together with the Separate and/or Specialist
Contractor as may be applicable and their respective sub-
contractors.
The policies shall be effected with a minimum cover of at least
$200 million (or $100 million if the number of employees in
relation to whom the policy is in force is less than 200) for
any one event in respect of claims arising out of the
Employees' Compensation Ordinance, the Fatal Accidents
Ordinance and any revision or amendment thereof and at common
law.
Should the Contractor opt to incorporate the above requirements
by means of effecting endorsement to cover the Employer's
liability as principal using standard Endorsement W.338 or the
like on his Employees' Compensation Insurance Policy, the
Contractor shall be aware that the first proviso of which with
regard to the exclusion of any cover in respect of any injury
by accident or disease due to or resulting from any act,
default or neglect of the Employer, his servants or agents will
not be acceptable for the purpose of the Contract and must
therefore be deleted.
Policies of the insurance shall be subject to the approval of
the Architect for adequacy of cover.
The period of insurance shall be from the commencement of the
contract until two weeks after Substantial Completion of the
whole of the Works plus cover for the Defects Liability Period
in accordance with the Conditions of Contract and until no
further work is carried out on site.
The insurance policy must be deposited with the Architect prior
to the commencement of work.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/46
17.0 INSURANCE AND SURETY (Cont’d)
17.02 Third party insurance
The Contractor shall effect and maintain the third party
liability insurance.
The period of insurance shall be from the commencement of the
contract until two weeks after Substantial Completion of the
whole of the Works plus cover for the Defects Liability Period
in accordance with the Conditions of Contract and until no
further work is carried out on site.
The policy shall be taken out for a limit of HK$ 50,000,000.00
for any one accident and unlimited in amount for the period of
insurance. The Contractor’s attention is drawn to Clause 20 of
the Conditions of Contract which sets out his contractual
obligations to indemnify the Employer against certain expense,
liability, loss, claim or proceedings. If the Contractor
considers the above-mentioned limit of indemnity for any one
accident to be inadequate to cover these contractual
obligations he is at liberty to take out a policy with an
increased limit of indemnity but any additional premium or
differential in premium shall be at his own expense.
The policy shall be arranged in joint names and contain a
Cross-Liability Clause as between the Employer, Secretary for
Home Affairs Incorporated, the Contractor and his sub-
contractors, Separate and/or Specialist Contractors as may be
applicable and their respective sub-contractors.
The policy will be subject to certain exceptions and excess
which shall be borne by the Contractor and if not paid direct
by him may be deducted by the Employer from any sums due or to
become due to the Contractor. It is the responsibility of the
Contractor to ascertain details of the exceptions and excesses
to be imposed and make allowance therefore in his tender.
The insurance policy must be deposited with the Architect prior
to the commencement of work.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/47
17.0 INSURANCE AND SURETY (Cont’d)
17.02 Third party insurance (Cont’d)
The Contractor under the insurance in respect of each and every
occurrence of loss or damage shall be responsible for the
following excess amounts :
Excess Amounts
Liability to Third Party
Loss or damage caused by:
Water $ 150,000 or 20% of the loss (whichever is the greater)
Underground services $ 150,000 or 20% of the loss
(whichever is the greater)
Vibration or removal / weakening of support
$ 250,000 or 20% of the loss (whichever is the greater)
Employer’s property $ 250,000 or 20% of the loss (whichever is the greater)
Bodily injury to third parties including Employer’s employees or visitors
$ 150,000
All other loss or damage $ 150,000
If the Contractor considers the limit of indemnity for any one
accident to be inadequate to cover his contractual obligations
he is at liberty to take out a policy with an increased limit
of indemnity but any additional premium or differential in
premium shall be at his own expense.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/48
17.0 INSURANCE AND SURETY (Cont’d)
17.03 Contractors' All Risks Insurance
The Contractor shall effect and maintain the Contractors’ All
Risks Insurance of the Works.
The period of insurance shall be from the commencement of the
contract until two weeks after Substantial Completion of the
whole of the Works plus cover for the Defects Liability Period
in accordance with the Conditions of Contract.
The policy shall be arranged in the joint names and contain a
Cross-Liability Clause as between the Employer, Secretary for
Home Affairs Incorporated, the Contractor and his sub-
contractors, Separate and/or Specialist Contractors as may be
applicable and their respective sub-contractors, to insure for
the Works under this clause.
The policy sum insured shall represent the full value of the
Contract Sum plus 8% to cover consultant’s fees.
Specific cover in the sum of HK$ 100,000.00 shall be arranged
for removal of debris in excess of the Contract Sum. If the
Contractor considers the sum of HK$ 100,000.00 to be inadequate
he is at liberty to take out a policy with an increased sum but
the additional or differential in premium shall be at his own
expense. Even though no such increased cover is taken out, if,
in the event of a claim, HK$ 100,000.00 proves to be inadequate
to cover the cost of removal of debris, any extra cost shall be
at the Contractor’s expense.
Specific cover in the sum of HK$ 5,000,000.00 shall be arranged
for the replacement value of the salvaged items which includes
the components, materials, architectural features and artworks
etc. Such insurance policy shall also include coverage of the
said items when they are stored off-site.
The policy will be subject to certain exceptions and excesses
or ‘deductibles’ which shall be borne by the Contractor and if
not paid direct by him may be deducted by the Employer from any
sums due or to become due to the Contractor. It is the
responsibility of the Contractor to ascertain details of the
exceptions and excesses to be imposed and make allowance
therefore in his tender.
In accordance with the Conditions of Contract, temporary
building, plant, tools and equipment owned or hired by the
Contractor are at his own risk and if cover is required in this
connection, premium shall be at the Contractor’s expense.
The insurance policy must be deposited with the Employer prior
to the commencement of work.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/49
17.0 INSURANCE AND SURETY (Cont’d)
17.03 Contractors' All Risks Insurance (Cont’d)
The Contractor under the insurance in respect of each and every
occurrence of loss or damage shall be responsible for the
following excess amounts :
Excess Amounts
Material Damage
Loss or damage caused by:
Storm, tempest, earthquake, subsidence, collapse, vibration or removal or weakening of support
$ 50,000
Fire, theft, burglary or robbery
$ 25,000
Defective design, workmanship or material
(n/a)
Water $ 50,000 or 20% of the loss (whichever is the greater)
Scaffolding, shuttering, formwork, timbering, screens, fencing and hoardings
$ 30,000 or 50% of the loss (whichever is the greater)
All other loss or damage $ 50,000
17.04 Insurance company
The Contractor shall furnish an undertaking letter confirming
that the third party insurance and Contractors’ All Risks
Insurance policies comply fully with the Conditions and these
"Preliminaries" clauses.
The aforesaid letter shall also provide an undertaking from the
insurer to inform the Employer of any cessation of the
insurance policies due to any reason whatsoever.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/50
17.0 INSURANCE AND SURETY (Cont’d)
17.05 Surety bond
The Architect will not approve the nomination of any bank or
insurance company having associated company connections with
the Contractor. The Contractor may be required to furnish
evidence that no such association exists.
The Bond must be deposited with the Architect prior to the
commencement of the Works.
The Surety Bond shall be extended at the Contractor’s expense
if the contract period is extended for reasons other than delay
through causes set out in clause 25 of the Conditions of
Contract.
17.06 Insurance against damage to Employer’s property caused by the
Contractor
For the avoidance of doubt the Works covered by the insurance
policy should include the existing structures together with all
the contents thereof owned by the Employer of for which he is
responsible.
The Contractor shall arrange an insurance policy in the joint
names of the Employer, Secretary for Home Affairs Incorporated,
the Contractor and his sub-contractors, Separate and/or
Specialist Contractors as may be applicable and their
respective sub-contractors to insure against loss and damage in
so far such injury or damage arises out of or in the course or
by reason of the carrying out of the Works.
The policy sum insured shall be HK$ 20,000,000.00.
If the Contractor considers the sum of HK$ 20,000,000.00 to be
inadequate his is at liberty to take out a policy with an
increased sum but the additional premium or differential in
premium shall be at his own expense. Even though no such
increased cover is taken out, if, in the event of a claim, HK$
20,000,000.00 proves to be inadequate to cover his obligation,
any extra cost shall be at the Contractor’s expense.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/51
17.0 INSURANCE AND SURETY (Cont’d)
17.06 Insurance against damage to Employer’s property caused by the
Contractor (Cont’d)
The policy will be subject to certain exceptions and excesses
or ‘deductibles’ which shall be borne by the Contractor and if
not paid direct by him may be deducted by the Employer from any
sums due or to become due to the Contractor. It is the
responsibility of the Contractor to ascertain details of the
exceptions and excesses to be imposed and make allowance
therefore in his tender.
The insurance policy must be deposited with the Architect prior
to the commencement of work.
18.0 GENERAL OBLIGATIONS
18.01 Overtime
Should the Contractor consider that it may become necessary to
cause overtime to be worked in order to complete the Works by
the Completion Date, he must allow for such a contingency in
his tender price. No claim for any extra in this connection
will be considered.
The Contractor shall apply to the relevant government
departments for approval and also give the Architect written
notice of his intention to work overtime.
18.02 Labour
The Contractor and any Sub-Contractor shall provide and employ
on the Site in connection with the execution and maintenance of
the work :
(a) Only such technical assistants as are skilled and
experienced in their respective callings and such sub-
agents, foremen and leading hands as are competent to
give proper supervision to the work they are required to
supervise; and
(b) Such skilled, semi-skilled and unskilled labour as is
necessary for the proper and timely execution and
maintenance of the Works.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/52
18.0 GENERAL OBLIGATIONS (Cont’d)
18.02 Labour (Cont’d)
The Architect shall be at liberty to object to and require the
Contractor and any Sub-Contractor to remove forthwith from the
Works any person employed by the Contractor or by a Sub-
Contractor who in the opinion of the Architect misconducts
himself or is incompetent or negligent in the proper
performance of his duties or whose employment is otherwise
considered by the Architect to be undesirable and such person
shall not be again employed upon the Works without the written
permission of the Architect.
Any person so removed from the Works shall be replaced as soon
as possible by a competent substitute approved by the Architect.
The Contractor’s Site Agent is to be approved by the Architect.
18.03 Construction manager
The Contractor shall constantly keep upon the Works a site
management and supervisory team.
The site management and supervisory team shall be headed by a
construction manager who shall be dedicated full time to the
Works. The appointment of the construction manager shall have
been consented to in writing by the Architect prior to the
commencement of the Works.
The construction manager shall be a higher diploma/associate
degree holder or above in building construction discipline or
equivalent in appropriate discipline with at least 5 years of
experience in construction contracts, among which at least 3
years particular relevant experience should be in repair and
renovation of Chinese Temple.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/53
18.0 GENERAL OBLIGATIONS (Cont’d)
18.03 Construction manager (Cont’d)
The co-ordination of services shall be deemed to include :
(1) The acquisition and checking of all design drawings from
the Architect and those to be provided under any sub-
contract or contract for specialist work for the
compatible integration of all the work, including
recommending to the Architect, for his approval, design
solutions to eliminate any conflict between the
positioning of any work, and to provide adequate space
for the routing of all such work and for subsequent
maintenance of the various installations in accordance
with good practice.
(2) In conjunction with the sub-contractors, the production
and provision of finalised master co-ordination drawings
and/or combined services drawings incorporating all
design solutions approved by the Architect and showing
the integration of all services to be carried out by the
Contractor and his sub-contractors.
(3) The establishment of a detailed sequence of work to
enable the expeditious completion of the Works and all
Specialist Works and works carried out by utility
companies.
(4) The co-ordination of all his sub-contractors for the
timely completion of all testing/commissioning works,
submission of manuals and as-fitted drawings, including
the completion of all outstanding works and rectification
of defects during the Defects Liability Period.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/54
18.0 GENERAL OBLIGATIONS (Cont’d)
18.04 Visitors
The Contractor shall not allow any unauthorised visitors on the
Site. He shall keep a visitors book for persons authorised to
visit the Site and provide safety helmets for such visitors.
18.05 Workmen living on Site
Unless the Architect gives written permission no workmen will
be allowed to live on the Site apart from the necessary number
of watchmen.
18.06 Watching
The Contractor shall be solely responsible for the safety from
damage or theft of all materials, plant, machinery, tools and
also for all and Specialist Contractors' fixed and unfixed
materials, goods, etc. delivered to the Site.
The Contractor shall not be responsible for the Specialist
Contractors' plant, tools, equipment and the like.
18.07 Protection and cleaning of all trades
The Contractor is to amply protect all finished works including
electrical and sanitary fittings, built-in fixtures, metal work,
glass, tiles and other wall and floor finishes, and will be
responsible for any damage caused by carelessness and
negligence in this respect.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/55
18.0 GENERAL OBLIGATIONS (Cont’d)
18.07 Protection and cleaning of all trades (Cont’d)
At the completion of the Works, clean up after all trades and
remove all marks, stains, finger prints and other soil or dirt
from all finished surfaces, ease and adjust all doors, windows,
drawers, etc., check and oil all hardware, cut out cracks in
plastering and make good, clean all wall linings, floors and
glass inside and out, touch up all painted and polished work
and clean out all gutters and channels.
Clear away from the Site all plant, surplus building materials,
earth and rubbish and leave the premises clean and fit for
occupation to the entire satisfaction of the Architect.
18.08 Fire protection
The Works shall be kept free from fire hazard and the
Contractor shall take all possible precautions and provide all
necessary fire fighting equipment and properly trained staff.
18.09 Clearing away rubbish during progress of the Works
The Contractor shall remove all rubbish, crates, wrappings,
surplus materials, etc. from the Site as soon as is possible
and at frequent intervals during the progress of the Works so
as to maintain unhindered access to and easy inspection of all
work. The Contractor shall provide proper bulk bins of adequate
size at the Site for storage of rubbish which shall be removed
to disposal grounds in accordance with the regulations of any
authority having jurisdiction with regard to the Works.
If, in the Architect's opinion, the Contractor fails to provide
proper bulk bins or remove rubbish from the Site after
reasonable notice in writing has been given by the Architect or
notice received from the relevant authority the Employer
reserves the right to employ outside labour to remove rubbish
and deduct all costs and expenses incurred therefor from any
money due or to become due to the Contractor.
Burning of rubbish on the Site will not be permitted.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/56
18.0 GENERAL OBLIGATIONS (Cont’d)
18.10 Removal of water
Keep the Site and the Works including all excavations free from
water by pumping or otherwise. Allowance shall be made for
removal of all water and this shall be deemed to include rain,
storm, spring, percolating or running water.
To prevent mosquitoes breeding no accumulation of water is to
be permitted at any time.
18.11 Setting out (See also Conditions of Contract Clause 7)
Set out the Works and provide all instruments, etc. and labour
required by the Architect for checking any work.
The Contractor shall verify all dimensions and ground levels
shown before commencing work.
Any discrepancy which occurs between the measurement on site
and any dimensions written on drawings shall immediately be
brought to the attention of the Architect.
18.12 Preparation for Substantial Completion
The Contractor shall carry out all necessary preparatory work
well in advance of the Substantial Completion.
18.13 Not used
18.14 Not used
18.15 Blasting
Blasting will not be permitted without the prior written
permission of the Architect and the relevant Authorities and
any rock, brickwork, reinforced concrete, etc. encountered must
be removed with wedges and levers or by compressed air plant.
Should blasting be permitted, the Contractor shall comply with
the requirements of the Commissioner of Mines and with any
statutory regulations in force for the time being.
The Contractor shall provide blasting screens and take all
necessary precautions to avoid damage and will be required to
make good at his own expense any damage caused by or
consequential to blasting operations.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/57
18.0 GENERAL OBLIGATIONS (Cont’d)
18.16 Protection from Weather
The Contractor is to make provision for protecting all Works
from damage, inclement weather, etc. and provide casing for the
protection of any work requiring same. Any damage arising in
this context shall be made good at his own expense.
18.17 Effective Diversion of Stormwater
It will be the Contractor’s responsibility to see the effective
diversion of stormwater from the natural stream course,
adjoining sites, existing surface water channels or other
surface drainage of adjoining properties, etc. during the
construction period. Allow for the protection and maintenance
of existing surface water channels, catch pits, etc.
18.18 Precautionary Work in Case of Typhoon or Heavy Rain
Allow for the provision of earth bunds or sandbag barriers
and/or other temporary drainage to protect the work and/or
adjoining property from being washed out during typhoon or
heavy rain and also the provision of emergency working unit
standing by to clear away earth, mud and/or debris being washed
down.
18.19 Prevention of Mosquito Breeding
Allow for displaying prominently upon all structures or
temporary huts on Site throughout the period of the Contract
and removing on completion posters, in both English and Chinese,
drawing attention to the dangers of allowing the breeding of
mosquitoes. Allow for treating any standing water on the Site
with an approved oil at least once a week.
Allow for storing, covering or treating all items on Site,
including constructional plant, capable of retaining water to
prevent water collecting in them.
Allow for providing throughout the period of the Contract a
central collection point on the Site, to the approval of the
Architect, for depositing all empty cans, oil drums, packings
and other receptacles capable of holding water and for the
regular collection and removal of such articles from the Site.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/58
19.0 TEMPORARY WORKS
19.01 Plant, tools, etc.
Provide and maintain in good working order all mechanical
equipment, plant, tools, implements, ladders, tarpaulins and
the like necessary for the proper and timely execution and
protection of the Works.
The maintenance of all plant shall be undertaken outside normal
working hours and the Contractor shall provide sufficient
reserve plant of all kinds to ensure that the work is not
interrupted by breakdown of plant.
Erect and maintain suitable and safe ladders and gangways for
the Architect, the Architect's representative, etc. to
thoroughly inspect any portion of the Works, with complete
safety.
The public is to be fully protected from danger caused by any
materials and equipment which protrude or can be dislodged.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/59
19.0 TEMPORARY WORKS (Cont’d)
19.02 Hoardings, screens, etc.
Provide, erect, alter if necessary and maintain all necessary
hoardings, screens, footways, fans, temporary enclosures,
barriers, etc., to the satisfaction of the Architect and remove
on completion and make good all work disturbed.
All hoardings, barriers, etc. shall be erected BEFORE any
demolition and/or construction works commences.
All surfaces are to be prepared and painted with two coats of
synthetic paint in colours to be selected by the Architect.
Notwithstanding the above general requirement for the hoardings,
barriers, etc. the Contractor is to note that it is his
responsibility to ensure the adequacy of the hoardings,
barriers, etc. and he will be required to alter, adapt and
modify the same and to supplement with all necessary additional
hoardings to adequately protect the public and the adjacent
areas throughout the contract period all to the satisfaction of
the Architect.
Any bills posted on the hoardings and barriers shall be removed
and the disturbed area shall be cleaned and repainted if
necessary to the satisfaction of the Architect.
The Contractor shall provide, erect, alter if necessary and
maintain screens, fans, catch platform or similar protective
measures to prevent objects from falling outside the building
boundary and to alleviate dust pollution throughout the Works
to the satisfaction of the Architect and Building Authority.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/60
19.0 TEMPORARY WORKS (Cont’d)
19.03 Contractor's storage sheds, workshops and offices
The Contractor shall provide for his own use all necessary
workshops, mess rooms and sheds of suitable construction for
the storage of materials, maintain them in good order to the
satisfaction of the Architect, remove on completion of the
Works and make good the Site.
All materials on the Site and in the building shall be stored
in a neat and orderly manner.
Separate inflammable goods storage sheds must be provided in an
approved location. No inflammable goods such as oil based
paints, kerosene, thinners, cellulose lacquers, bitumen or
bitumen based products, etc. will be permitted to be stored in
the building under construction.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/61
19.0 TEMPORARY WORKS (Cont’d)
19.04 Not used
19.05 Temporary latrines
The Contractor shall provide and maintain efficient and
sanitary latrine accommodation for the use of male and female
labour employed on the Works and keep the whole of the Site and
buildings in a clean and sanitary condition to the satisfaction
of the Architect and of the Director of Food and Environmental
Hygiene and remove on completion.
The latrines must be emptied daily if not connected to foul
disposal pipes and cleared away on completion. The attention of
the Contractor is specially drawn to the requirement that he
must instruct his workpeople and those of the Sub-Contractors
to use the temporary latrines and forbid the workpeople under
penalty of instant dismissal from urinating on the walls and
floors of the building under construction. The Contractor is
responsible for arranging the necessary temporary connections
to the sewers.
The latrines are to be cleared away on completion of the Works
and the areas disturbed must be properly disinfected and made
good to the satisfaction of the Architect.
19.06 Not used
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/62
19.0 TEMPORARY WORKS (Cont’d)
19.07 Temporary supports
Provide all necessary temporary supports including, but not
limited to, shoring, propping, strutting, planking and
strutting, sheet piling, etc. whether for the support of new
work under construction or of existing building. All such
temporary supports shall be designed by the Contractor to the
approval of the Architect and the Building Authority. The
Contractor shall be responsible for its safety throughout the
period of the Works and no indication of approval or
disapproval of such temporary supports by the Architect shall
be interpreted as in any way reducing the Contractor's
responsibility in this respect. Should the Architect in lieu of
the Contractor subsequently undertake to provide drawings
detailing the requirements for temporary supports and should
the Architect obtain the approval of the Building Authority to
these proposals, then the Contractor shall construct the
temporary supports in accordance with such drawings at no extra
cost, as if they were his own design.
19.08 Not used
19.09 Water for the Works
Provide and distribute all necessary water at the Site for the
carrying out of the Works, including the works of the
Specialist Contractors employed direct by the Employer,
statutory undertakers and utility companies including the
erection and removal of temporary plumbing and storage and the
payment of all fees and charges.
The Contractor shall provide and distribute water free of
charge to Specialist Contractors employed direct by the
Employer, statutory undertakers and utility companies.
Should the Contractor intend to use water from the government
mains he shall apply for a temporary water supply at an early
stage of the mobilization period. No extension of time will be
granted for any delay in obtaining a temporary water supply.
SPECIFICATION PRELIMINARIES
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 SP/63
19.0 TEMPORARY WORKS (Cont’d)
19.10 Lighting and power
Provide all necessary electric lighting and power at the Site
for the carrying out of the Works including the works of the
Specialist Contractors employed direct by the Employer,
statutory undertakers and utility companies and including all
electric power to enable all Specialist Contractors to check,
test and commission their installations to meet the
requirements of the Architect and all others having
jurisdiction.
The Contractor shall be responsible for all site works in
distributing electricity including, but not limited to,
provision, installation and subsequent removal of temporary
main switch board, distribution boards, cables, wiring,
junction boxes, transformers, lights and all other accessories,
including giving notice and paying all charges for connection,
distribution and consumption.
The whole installation is to comply with the latest edition of
the IEE Wiring Regulations produced by the Institution of
Engineering and Technology, and all requirements of the
electricity supply company.
The Contractor shall provide and distribute electricity free of
charge to the Specialist Contractors employed direct by the
Employer, statutory undertakers and utility companies.
Should the Contractor intend to use electricity from the mains
he shall apply for a temporary electricity supply at an early
stage of the mobilization period. No extension of time will be
granted for any delay in obtaining a temporary electricity
supply.
The Contractor shall remove all temporary electrical
installations and make good any work disturbed on the
completion of the Works.
19.11 Other temporary works
Provide all other necessary temporary works not specifically
mentioned herein.
EMPLOYER’S REQUIREMENTS
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 ER/1
Employer’s Requirements
The works to be carried out under the contract comprise the demolition, design and
construction of smoke abatement plant and as described in Scope of the Works of
the Specification Preliminaries and other sections of the tender documents.
Particular requirements of the works are as:
A. Smoke Abatement Plant
1. The contractor shall design, fabricate, install and carrying out testing and
commissioning of smoke abatement plants. Proposed location of the plant is at
Drawings No. SK-2 titled “Proposed layout plan of smoke abatement plant at
high level”.
2. The design principles of the smoke abatement plant in reducing and removing
the pollutant concentration using use of fuel or/ and gas burning technology
are NOT accepted.
3. When the smoke abatement plant operating at maximum design capacity of
20kg/h, it should achieve that the Total Suspended Particulates of air at the
exhaust air duct of the plant SHALL NOT exceed 30mg/m3 (half hourly
average).
4. If the smoke abatement plant cannot achieve the required criteria, the
Contractor upon the instruction by the Architect shall remove the smoke
abatement plant and make good all areas disturbed at his own cost to the
satisfaction of the Architect. If the Contractor refuse or delay in removing the
plant, the Employer may employ other contractor to carry out the removal
works and claim back all the cost and expense from the Contractor, and the
Contractor is liable and shall pay the Employer such cost and expense.
5. The rated joss paper burning capacity of the furnace that the smoke abatement
plant shall handle is 20kg/h.
6. Connection to the existing brick furnace shall be air tight.
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT AT KWUN YUM TEMPLE (HUNG HOM) G:/7171.4 ER/2
B. Structural Support
1. The contractor shall demolish the existing structural support of the smoke
abatement plant. Design and construct structural support including footing for
the new smoke filtration plant of the smoke control system (smoke filtration
plant will be designed and constructed by other) and smoke abatement plant
(works under this contract) for the brick furnace. The structural support shall
be designed to support 8,000 Kg loading and the dimension of the platform of
the structural support shall be about 3500mm x 5000mm overall size on plan.
The structural support and platform should be fabricated in structural steel and
all members and joints etc. shall be painted with rust inhibition primer and
protected by fire protection materials.
SCHEDULE OF QUANTITIES AND RATES
SCHEDULE NO.1 – PRELIMINARIES
SCHEDULE NO.1
PRELIMINARIES
Ref. Total
编号 总额
1.0
2.0 DEFINITIONS
2.01 Employer
2.02 Architect
2.03 Not used
2.04 Clerk of Works
2.05 Quantity Surveyor
2.06 Main Contractor/Contractor
2.07 Architect’s representative
2.08 Technically Competent Person
2.09 The Authority
2.10 Public Utility Companies
2.11 Allow
2.12 B.S./B.S.S.
2.13 C.P.
2.14 Approved
2.15 Directed
2.16 Month
2.17 Day
Carried to Collection $
Item
项目
SCHEDULE NO. 1
PRELIMINARIES
GENERALLY
SUMMARY
DESIGN AND CONSTRUCT SMOKE
ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 1/1
SCHEDULE NO.1
PRELIMINARIES
Ref. Total
编号 总额
Item
项目
3.0 DESCRIPTION OF THE WORKS
3.01 Generally
3.02 Scope of the Works
3.03 Design responsibility
3.04 Maintenance and cleansing service
4.0 SITE AND INSPECTION
4.01 Location
4.02 Access and restrictions
4.03 Site visit
4.04 Not used
4.05 Working area
5.0
5.01 Possession of Site
5.02 Not used
5.03 Completion
5.04 Terms of Payments
6.0
6.01 Form of Contract
6.02 Appendix to the Standard Conditions of Contract
Carried to Collection $
CONDITIONS OF CONTRACT
POSSESSION, COMMENCEMENT, TERMS OF PAYMENT AND COMPLETION
DESIGN AND CONSTRUCT SMOKE
ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 1/2
SCHEDULE NO.1
PRELIMINARIES
Ref. Total
编号 总额
Item
项目
7.0 TENDER, DRAWINGS AND SPECIFICATION
7.01 Tender
7.02 No adjustment for rises or falls in cost of labour
and materials
7.03 Schedule of Quantities and Rates
7.04 Provisional Quantities
7.05 Optional Works
7.06 Contingencies
7.07 Ordering materials, etc. from Contract Drawings
and/or Specification
7.08 Drawings forming part of the Tender Documents
7.09 Drawings, etc. at Site
7.10 Shop drawings
7.11 Dimensions
7.12 Specification
7.13 Discrepancies
8.0 MATERIALS AND WORKMANSHIP
8.01 Compliance with regulations
8.02 Samples
8.03 Safe custody of materials
8.04 Loading and unloading of materials
8.05 Proprietary brand names
8.06 Warranties and guarantees
8.07 Testing of Materials
8.08 Checking of drawings
Carried to Collection $DESIGN AND CONSTRUCT SMOKE
ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 1/3
SCHEDULE NO.1
PRELIMINARIES
Ref. Total
编号 总额
Item
项目
9.0
9.01 Site instructions
9.02 Stop works instructions
9.03 Quotations for Variations
9.04 Contractor's claims for extras for verbal instructions
9.05 Measurement of Variations
9.06 Invoices, receipts, etc.
9.07 Contractor's expenses in connection with Variations
and settlement of accounts
9.08 Supportive documentation for a fair Valuation
10.0 PROGRAMME AND REPORTS
10.01 Weekly reports
10.02 Daily reports
10.03 Progress photographs
10.04 Programme
11.0 NOT USED
12.0
13.0 NOT USED
Carried to Collection $
PERSONS ENGAGED BY EMPLOYER
INSTRUCTIONS, VARIATIONS AND METHODS OF MEASURING AND VALUING
DESIGN AND CONSTRUCT SMOKE
ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 1/4
SCHEDULE NO.1
PRELIMINARIES
Ref. Total
编号 总额
Item
项目
14.0
15.0
15.01 Regulations
15.02 Notices, fees and charges
15.03 Working hours, rates of wages, etc.
15.04 Safety plan and safety precautions
15.05 Statutory levies
15.06 Noises Control
15.07 Illegal Immigrants
15.08 Liability
16.0
16.01 Protection of public
16.02 Protection of existing Employer’s property and public
property
16.03 Protection of adjoining property
16.04 Not used
16.05 Maintenance of existing roads, footpaths, steps, etc.
16.06 Maintenance of existing trees and shrubs
16.07 Maintenance of existing services
16.08 Not used
16.09 Restricting nuisance of dust and noise
16.10 Suppressors
Carried to Collection $
PROTECTION OF PUBLIC PROPERTY, ETC.
OVERALL CO-ORDINATION RESPONSIBILITIES OF THE CONTRACTOR
STATUTORY OBLIGATIONS
DESIGN AND CONSTRUCT SMOKE
ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 1/5
SCHEDULE NO.1
PRELIMINARIES
Ref. Total
编号 总额
Item
项目
17.0
17.01 Employees' Compensation Insurance
17.02 Third party insurance
17.03 Contractors' All Risks Insurance
17.04 Insurance company
17.05 Surety bond
17.06 Insurance against damage to Employer’s property
caused by the Contractor
18.0 GENERAL OBLIGATIONS
18.01 Overtime
18.02 Labour
18.03 Construction manager
18.04 Visitors
18.05 Workmen living on Site
18.06 Watching
18.07 Protection and cleaning of all trades
18.08 Fire protection
18.09 Clearing away rubbish during progress of the Works
18.10 Removal of water
18.11 Setting out
18.12 Preparation for Substantial Completion
18.13 Not used
18.14 Not used
18.15 Blasting
Carried to Collection $
INSURANCE AND SURETY
DESIGN AND CONSTRUCT SMOKE
ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 1/6
SCHEDULE NO.1
PRELIMINARIES
Ref. Total
编号 总额
Item
项目
18.0 GENERAL OBLIGATIONS (CONT'D)
18.16 Protection from Weather
18.17 Effective Diversion of Stormwater
18.18 Precautionary Work in Case of Typhoon or Heavy Rain
18.19 Prevention of Mosquito Breeding
19.0
19.01 Plant, tools, etc.
19.02 Hoardings, screens, etc.
19.03 Contractor's storage sheds, workshops and offices
19.04 Not used
19.05 Temporary latrines
19.06 Not used
19.07 Temporary supports
19.08 Not used
19.09 Water for the Works
19.10 Lighting and power
19.11 Other temporary works
Carried to Collection $
TEMPORARY WORKS
DESIGN AND CONSTRUCT SMOKE
ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 1/7
SCHEDULE NO.1
PRELIMINARIES
Ref. Total
编号 总额
SCHEDULE NO. 1
PRELIMINARIES
SUMMARY
COLLECTION
Brought forward from page 1/1
" " " " 1/2
" " " " 1/3
" " " " 1/4
" " " " 1/5
" " " " 1/6
" " " " 1/7
TOTAL - SCHEDULE NO. 1
Carried to Summary of Tender $
Item
项目
DESIGN AND CONSTRUCT SMOKE
ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 1/8
SCHEDULE NO.2 – DEMOLITION WORKS
SCHEDULE NO. 2
DEMOLITION WORKS
Ref. Item Unit Total
编号 项目 单位 总额
SCHEDULE NO. 2
DEMOLITION WORKS
DEMOLITION WORKS
1 Take down and clear away existing
smoke abatement plant and fittings
including all reinstatement and
making good works to the affected
areas as per drawings and
specifications.
1 Item
(The Tenderer shall submit a
separate detailed breakdown of the
cost for this item.)
2 Take down and clear away existing
structural steel support including
grubbing up footings / foundations
of any kind etc.
1 Item
(The Tenderer shall submit a
separate detailed breakdown of the
cost for this item.)
Carried to Summary of Tender $
Quantity Rate
数量 单价
TOTAL - SCHEDULE NO.2DESIGN AND CONSTRUCT SMOKE ABATEMENT
PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 2/1
SCHEDULE NO.3 – DESIGN, SUPPLY AND INSTALLATION OF SMOKE
ABATEMENT PLANT
SCHEDULE NO. 3
DESIGN, SUPPLY AND INSTALLATION OF
SMOKE ABATEMENT PLANT
Ref. Item Unit Total
编号 项目 单位 总额
SCHEDULE NO. 3
DESIGN, SUPPLY AND INSTALLATION
OF SMOKE ABATEMENT PLANT
DESIGN, SUPPLY AND INSTALLATION OF
SMOKE ABATEMENT PLANT AND
STRUCTURAL SUPPORTING STRUCTURE
1 Design, supply and installation of
smoke abatement plant including
connection to existing joss paper
furnace, all ductworks, fittings
and builder's works and structural
support with design loading of
8,000 Kg all as described in
drawings and specifications.
1 Item
(The Tenderer shall submit a
separate detailed breakdown of the
cost for this item.)
TOTAL - SCHEDULE NO.3
Carried to Summary of Tender $
Quantity Rate
数量 单价
DESIGN AND CONSTRUCT SMOKE ABATEMENT
PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 3/1
SCHEDULE NO.4 – PROVISIONAL AND CONTINGENCY SUMS
SCHEDULE NO. 4
PROVISIONAL AND CONTINGENCY SUMS
Ref. Total
编号 总额
PROVISIONAL SUMS
1 300,000.00
Carried to Summary of Tender $ 300,000.00
TOTAL - SCHEDULE NO.4
Provide the following sums to be expended wholly or in part
as directed by the Architect or wholly deducted from the
Contract Sum if not required
Provisional Sum of HK$300,000.00 for contingencies.
项目
Item
SCHEDULE NO. 4
PROVISIONAL AND CONTINGENCY SUMS
DESIGN AND CONSTRUCT SMOKE ABATEMENT
PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 4/1
SCHEDULE NO.5 – ANNUAL MAINTENANCE AND CLEANSING SERVICE
(OPTIONAL)
SCHEDULE NO. 5
ANNUAL MAINTENANCE AND
CLEANSING SERVICE (OPTIONAL)
Ref. Total
编号 总额
1
2
3
4
5
6
7
8
TOTAL - SCHEDULE NO. 5
Carried to Summary of Tender $
项目
Item
SCHEDULE NO. 5
ANNUAL MAINTENANCE AND CLEANSING SERVICE
Fifth year period after Defects Liability Period
(HK$/Annum).
Sixth year period after Defects Liability Period
(HK$/Annum).
Seventh year period after Defects Liability Period
(HK$/Annum).
Eighth year period after Defects Liability Period
(HK$/Annum).
The annual rates for maintenance and cleansing service for
the 8 years period, commencing after the expiry of the
first twenty-four months free maintenance and cleansing
service, all as specified:-
First year period after Defects Liability Period
(HK$/Annum).
In this optional scope, the Employer shall have full
discretion in deciding the number of years of the annual
maintenance and cleasing service to be included in the
Contract. There will be no adjustment to the annual rates
priced below for rises or falls in the cost of labour and
materials or exchange rates of currencies.
(OPTIONAL)
Second year period after Defects Liability Period
(HK$/Annum).
Third year period after Defects Liability Period
(HK$/Annum).
Fourth year period after Defects Liability Period
(HK$/Annum).
DESIGN AND CONSTRUCT SMOKE ABATEMENT
PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 5/1
SUMMARY OF TENDER
SUMMARY OF TENDER
Ref. Total
编号 总额
Page
BASE SCOPE
SCHEDULE NO. 1 PRELIMINARIES 1/8
SCHEDULE NO. 2 DEMOLITION WORKS 2/1
SCHEDULE NO. 3 DESIGN, SUPPLY AND
INSTALLATION OF SMOKE
ABATEMENT PLANT
3/1
SCHEDULE NO. 4 PROVISIONAL AND CONTINGENCY
SUMS
4/1 300,000.00
$
OPTIONAL SCOPE
SCHEDULE NO.5 ANNUAL MAINTENANCE AND
CLEANSING SERVICE
5/1
$TOTAL OF OPTIONAL SCOPE - CARRIED TO FORM OF TENDER
项目
Item
SUMMARY OF TENDER
TOTAL OF BASE SCOPE - CARRIED TO FORM OF TENDER
DESIGN AND CONSTRUCT SMOKE ABATEMENT
PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4 ST/1
SCHEDULE OF DRAWINGS
SCHEDULE OF DRAWINGS
The following drawings have been issued as part of the tender documentation.
(The information provided is for reference only. The site condition and all
dimensions which affect their tender shall be verified by the tenderers at
their own cost.)
Drawing No. Revision Description
SK-1 - EXISTING LAYOUT PLAN OF SMOKE ABATEMENT PLANT AT HIGH
LEVEL
SK-2 - PROPOSED LAYOUT PLAN OF SMOKE ABATEMENT PLANT AT HIGH
LEVEL
SK-3 - PROPOSED WORKING AREA REFER TO CLAUSE 4.05 OF
SPECIFICATION PRELIMINARIES
SCHEDULE OF DRAWINGS
DESIGN AND CONSTRUCT SMOKE ABATEMENT PLANT AND ASSOCIATED WORKS
FOR REPLACEMENT OF EXISTING SMOKE ABATEMENT PLANT
AT KWUN YUM TEMPLE (HUNG HOM)
G:/7171.4
SD/1
TENDER DRAWINGS
DRAWING NO. :SK – 1
EXISTING LAYOUT PLAN OF
SMOKE ABATEMENT PLANT AT HIGH LEVEL
(FOR INFORMATION ONLY – TENDER SHALL VERIFY
ON SITE AT THERIR COST)
Remarks:
1. Layout not on scale.
Contractor need to verify the dimension of site.
2. All dimension show in “mm”.
紅磡觀音廟
EXISTING SMOKE ABATEMENT
PLANT AND STEEL STRUCTURE TO
BE DEMOLISHED.
CONDITION AT ROOF LEVEL
CONDITION AT ROOF LEVEL
50
00
mm
3500mm
34
00
mm
STEEL
PLATFORM
DRAWING NO.: SK-2
PROPOSED LAYOUT PLAN OF
SMOKE ABATEMENT PLANT AT HIGH LEVEL
Existing Smoke Abatement Plant
Replacement of Smoke
Abatement Plant and
connect to existing Brick
Joss Paper Furnace
Existing Brick Joss Paper
Furnace at ground level
Ventilation opening connects between Brick Joss
Paper Furnace (viewed inside) and Smoke
Abatement Plant at lower level.
DRAWING NO.: SK-3
PROPOSED WORKING AREA REFER TO CLAUSE 4.05 OF SPECIFICATION
PRELIMINARIES
Working Area
refer to
Specification
Preliminaries
Clause 4.05
Existing
Brick Joss
at ground
level
top related