kmbt c454e-20170830164712

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




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





G:/7171.4 CT/1


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.





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).





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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.





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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.





G:/7171.4 CT/5



(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.





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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;


approach to deliver and install the smoke

abatement plant and construct the structural

supporting structure;


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.





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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).





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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.





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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.





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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.

http://www.ctc.org.hk/





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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.





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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.





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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.





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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


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


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.





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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.





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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.





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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.





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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.





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

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nt

at K

wu

n Y

um

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ple

(H

un

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om

)

Nam

e o

f te

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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)


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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.


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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


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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.


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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


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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




*[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



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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]


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G:/7171.4

CT/APPD/1

RESTRICTED (TENDERS)




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]


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G:/7171.4

CT/APPE/1

RESTRICTED (TENDERS)




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




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



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


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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




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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




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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




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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.







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.




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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.




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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.




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G:/7171.4

CT/APPG/7

Section

(1)(b)

(Cont’d)

Marking

(percentage of the

full mark of Section

(1)(b)(i))

Assessment


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%











Marking

(percentage of the

full mark of Section

(1)(b)(ii))

Assessment


70% if the total number of relevant contracts undertaken by the


maintenance of smoke abatement plants and joss paper

furnace at Chinese temples of over HK$50,000, equals to

or exceeds 3.




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G:/7171.4

CT/APPG/8

Section

(1)(b)

(Cont’d)

85%

100%





or exceeds 5.





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.




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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


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


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.




ASSOCIATED WORKS



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.




ASSOCIATED WORKS



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.




ASSOCIATED WORKS



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.




ASSOCIATED WORKS



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




ASSOCIATED WORKS



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




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).





G:/7171.4 CT/APPG1/2

TENDERER’S EXPERIENCE (Cont’d)


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.


2.


3.


4.



5.








G:/7171.4 CT/APPG1/3

TENDERER’S EXPERIENCE (Cont’d)


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.


2.


3.


4.



5.




APPENDIX G(2) TO CONDITIONS OF TENDERING –

TENDERER’S TECHNICAL RESOURCES (KEY STAFF)





G:/7171.4 CT/APPG2/1

TENDERER’S TECHNICAL RESOURCES (KEY STAFF)


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




G:/7171.4 FT/1

FORM OF TENDER

For




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.




G:/7171.4 FT/2

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





G:/7171.4 SC/1


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





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





G:/7171.4 SC/3

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.





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.





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.”





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”.





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.





G:/7171.4 SC/8

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.





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)".





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.





G:/7171.4 SC/11

SCC 43 - Inspection of the Site (Additional Clause)


(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)


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.





G:/7171.4 SC/12

SCC 45 - Sufficiency of Tender (Additional Clause)


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)


(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.





G:/7171.4 SC/13

SCC 46 - Safety Plan (Additional Clause)(Cont’d)


(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.





G:/7171.4 SC/14

SCC 47 - Environmental Management Plan (Additional Clause)


(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.





G:/7171.4 SC/15

SCC 48 - Warranties and guarantees (Additional Clause)


(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.





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.





G:/7171.4 SC/17


(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.





G:/7171.4 SC/18


(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




G:/7171.4 SC/APPA/1


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




G:/7171.4 SC/APPA/2


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.



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.



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



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.



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.




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.




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.



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.



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.




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.




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.



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.



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.




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.




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.


annual maintenance and cleansing services upon

Employer’s acceptance of the design of the Smoke

Abatement Plant.


annual maintenance and cleansing services after

completion of the Works and the issue of the Substantial

Completion Certificate.


annual maintenance and cleansing services after twelve

(12) months of Defects Liability Period.


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.



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)



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)




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%




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



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.



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.




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.




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.




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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.




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.




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




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.




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.




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.



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.




17.02 Third party insurance

The Contractor shall effect and maintain the third party

liability insurance.




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.






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.




17.03 Contractors' All Risks Insurance

The Contractor shall effect and maintain the Contractors’ All

Risks Insurance of the Works.




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





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.




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.




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.



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.



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.




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.




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.




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.




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.




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.



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.



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.




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.




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




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.




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



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


CONDITIONS OF CONTRACT

POSSESSION, COMMENCEMENT, TERMS OF PAYMENT AND COMPLETION





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




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


PERSONS ENGAGED BY EMPLOYER

INSTRUCTIONS, VARIATIONS AND METHODS OF MEASURING AND VALUING





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


PROTECTION OF PUBLIC PROPERTY, ETC.

OVERALL CO-ORDINATION RESPONSIBILITIES OF THE CONTRACTOR

STATUTORY OBLIGATIONS





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


INSURANCE AND SURETY





G:/7171.4 1/6

SCHEDULE NO.1

PRELIMINARIES

Ref. Total

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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


TEMPORARY WORKS





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





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





Quantity Rate

数量单价

TOTAL - SCHEDULE NO.2DESIGN AND CONSTRUCT SMOKE ABATEMENT

PLANT AND ASSOCIATED WORKS



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




TOTAL - SCHEDULE NO.3


Quantity Rate

数量单价

DESIGN AND CONSTRUCT SMOKE ABATEMENT




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





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


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).





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





G:/7171.4 ST/1

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






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