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SPECIFICATION PRELIMINARIES

Specification Preliminaries

SPECIFICATION PRELIMINARIES

FOR

TERM CONTRACT

FOR

THE ALTERATIONS, ADDITIONS, MAINTENANCE AND REPAIR

OF

BUILDINGS AND LANDS AND OTHER PROPERTIES

FOR WHICH

THE ARCHITECTURAL SERVICES DEPARTMENT


(PROPERTY SERVICES BRANCH)
IS RESPONSIBLE

[Designated Contract Area : Central, Peak and Mid-levels]

General

1. This is a “Measurement Contract” and the Services and the Works shall be measured
and valued in accordance with the Contract.

2. The Schedule of Rates referred to in the Contract comprises:

(A) the “Schedule of Rates for Term Contracts for Building Works, 2019 Edition,
Volume 1 and all current corrigenda (Builder’s Works)”,

(B) the “Schedule of Rates for Term Contracts for Building Works, 2019 Edition,
Volume 2 and all current corrigenda (Building Services Works)”,

(C) “Amendments to Schedule of Rates for Term Contracts for Building Works,
2019 Edition”.

3. The Specification referred to in the Contract comprises these Specification


Preliminaries, the Schedule of Rates, relevant items in the General Specification
hereinafter referred to, and the Employer’s Requirements and the Particular
Specification attached herewith.

4. All the specification notes contained in the Drawings are to be read in conjunction with
the Specification.

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5. Unless otherwise expressly specified, the method of measurement and valuation shall be
in accordance with the Schedule of Rates.

6. The Contractor’s particular attention is drawn to the following:

(A) This Contract will be awarded for a period of forty eight (48) months
commencing on 1 April 2021 tentatively.

(B) The Contractor shall allow in his Contract Percentages, percentage adjustment
and percentage addition priced in the Appendix to the Form of Tender for
complying with all requirements as provided in the Contract.

(C) The Estimated Values, the Values for Tender Assessment and the Total of the
Values for Tender Assessment as set out in the Schedule of Contract Percentages
in the Appendix to the Form of Tender (“the Estimated Values”) are given for
tender assessment purpose only and shall not form part of the Contract. The
Employer and his agents or representatives make no representations, warranties
or statements (express or implied) of any kind with respect to the accuracy,
appropriateness, completeness and/or sufficiency of the Estimated Values, or that
the actual value of any Services or Works will not differ from the Estimated
Value for such Services or Works. See Special Conditions of Contract Clause
SCC 122.

(D) Contract Area and Designated Contract Area

(a) The Contract Area is Hong Kong Island West, South and Lantau Island.

The Designated Contract Area is Central, Peak and Mid-levels.

The boundary of the Contract Area and the Designated Contract Area is
shown on Drawing APB/19763.

The Contractor shall be required to provide the Services and carry out the
Works at locations within the Designated Contract Area of the Contract
Area throughout the Contract Period.

The Contractor may also be required to provide Services and/or carry out
Works at locations outside the Designated Contract Area but within the
same Contract Area throughout the Contract Period under the following
situations when instructed by the Maintenance Surveyor.

(i) Emergency ; or

(ii) Default of the contractor for Contract No. TC J912 in providing


services and/or carrying out works in its Designated Contract
Area of Hong Kong Island Western, Southern and Lantau Island
as shown on Drawing APB/19763.

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(b) The Contractor is deemed to have allowed in his Contract Percentages


priced in the Appendix to the Form of Tender for Services provided
and/or Works carried out at locations outside the Designated Contract
Area but within the same Contract Area throughout the Contract Period
when instructed by the Maintenance Surveyor as described in sub-clause
(a) above including all additional costs and expenses incurred therefrom.

(E) Services and/or Works at Chek Lap Kok Airport Area

The Contractor’s particular attention is drawn that Chek Lap Kok Airport Area is
outside the Designated Contract Area but within the same Contract Area as
shown in Drawing No. APB/19763. The Maintenance Surveyor may instruct the
Contractor to provide Services and/or carry out Works at Chek Lap Kok Airport
Area under situations as set out in Item 6(D)(a) above. The Contractor’s
particular attention is drawn to the following additional requirements which he is
deemed to have allowed in his Contract Percentages when providing Services
and/or carrying out Works at Chek Lap Kok Airport Area :-

(i) In order to maintain the normal functioning of the Airport, Services or


Works may only be carried out during night time after closing of the
airport services. If the Services or Works are ordered to be carried out
during day-time, disruption or discontinuity in work operations may
occur.

(ii) Security guards shall be provided at all times on Sites in the Airport
restricted areas in general and also the airside departures sterile area in
order to avoid trespassing. Plant, tools and materials shall be properly
locked.

(iii) Services provided or Works carried out adjacent to the Airport area shall
comply with the General Requirements and Procedures governing the
provision of Services and execution of Works on or adjacent to Airside
Operational Areas attached as Appendix SP.C to the Specification
Preliminaries and any current amendments issued thereto, especially for
the restricted areas, airfields, terminal buildings and other designated
areas. The Contractor shall also comply with any additional rules and
regulations imposed by the Airport Authority from time to time. The
Contractor shall check and satisfy himself with the requirements and
conditions of the Airport Authority and allow as necessary in the Contract
Percentages priced in the Appendix to Form of Tender in respect of the
Works executed in the above area.

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(iv) The Contractor shall comply with all requirements for application for
Works permits and permits for vehicles and observe all limitations and
restrictions imposed by the Airport Authority and other relevant
authorities.

(v) The Contractor shall provide all necessary insurance policies required by
but not limited to the Employer or the Airport Authority in compliance
with the terms and requirements of the Airport Authority for the
execution of Works on or adjacent to the Airport area.

(F) Services and/or Works at Penny’s Bay Development Area on Lantau Island

The Contractor’s particular attention is drawn that Penny’s Bay Development


Area on Lantau Island is outside the Designated Contract Area but within the
same Contract Area as shown on Drawing No. APB/19763. The Maintenance
Surveyor may instruct the Contractor to provide Services and/or carry out Works
at Penny’s Bay Development Area under situations as set out in Item 6(D)(a)
above. The Contractor is deemed to have allowed in his Contract Percentages for
Services provided and/or Works carried out at Penny’s Bay Development Area
on Lantau Island.

The Contractor’s particular attention is drawn that Sections 31, 32, 33 and 47 of
the SOR2019 will be applicable to this Contract as stated in the Amendments to
the Schedule of Rates under the circumstance as described herein. The
adjustment of fluctuation of wage rates and cost of materials of Sections 31, 32,
33 and 47 shall then be made in accordance with the Special Conditions of
Contract Clause SCC 61 of this Contract under the provisions for the respective
Sections.

(G) Services and/or Works at New Facilities at Hong Kong Link Road (HKLR) and
Boundary Crossing Facilities for Hong Kong – Zhuhai – Macau Bridge

(i) The Contractor’s particular attention is drawn that new facilities at Hong
Kong Link Road (HKLR) and Boundary Crossing Facilities for Hong
Kong – Zhuhai – Macau Bridge are outside the Designated Contract Area
but within the same Contract Area as shown in Drawing No. APB/19763.
The Maintenance Surveyor may instruct the Contractor to provide
Services and/or carry out Works at these locations under situations as set
out in Item 6(D)(a) above. The Contractor is deemed to have allowed in
his Contract Percentages for Services provided (except where adjustment
to the Contract Rates is provided in Particular Specifications PS.B1 and
PS.B2) and/or Works carried out at new facilities at Hong Kong Link
Road (HKLR) and Boundary Crossing Facilities for Hong Kong –
Zhuhai – Macau Bridge.

(ii) The Contractor shall be required to apply for special permits for workmen
and vehicles and bear all expenses incurred from such application. The
Maintenance Surveyor will assist in obtaining passes required for
vehicles and workmen. All workmen working in these areas must carry
both their passes and identity cards at all times. Services or works may be
disrupted or temporarily halted by the Customs and security forces and
delay may be encountered in gaining entry to these areas from time to
time. The Contractor shall allow for the extra cost of all such disruption
to the services or works.

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(H) Re-plumbing work under planning

The Maintenance Surveyor may instruct the Contractor to carry out re-plumbing
work in public markets, government offices, quarters and other government
buildings whenever necessary. The Contractor shall refer to Paragraph 23 of the
Employer’s Requirements and allow in his Contract Percentages and percentage
addition to plumbing and drainage works including markets and cooked food
centres for all extra works, services and attendances, and all costs and expenses
incurred in connection with such works. Any insufficiency of his percentage
addition to cover the financial obligations referred in this Clause shall be deemed
to have been included in his Contract Percentages.

(I) Normal limit on value of Works for each Works Order

The value of Works for each Works Order under the Contract will normally not
exceed HK$30 million. There is no guarantee that the value of Works for a
Works Order will not exceed the normal limit.

(J) The Contract Percentages allowed by the Contractor shall be deemed to cover all
work, services and obligations for the provision of implementation of and
compliance with the Safety Plan (SP) including submission and quarterly
updating of SP as specified in Special Conditions of Contract Clause SCC 49 and
Particular Specification PS.A7 for Site Safety. There shall be no measurement or
separate payment for any of such work, services or obligations.

(K) The Contract Percentages allowed by the Contractor shall be deemed to cover all
work, services and obligations for or related to the implementation of and
compliance with Sub-contractor Management Plan (SMP) as specified in Special
Conditions of Contract Clause SCC 77 and Particular Specification PS.A10 for
Management of Sub-contractors Section X requiring the submission and
quarterly updating of the Sub-contractor Management Plan (SMP) in the form
and contents as prescribed in the Contract. The Contractor shall monitor and
ensure the implementation of and the compliance with the SMP. There shall be
no measurement or separate payment for “complete Sub-contractor Management
Plan” and “quarterly updating of Sub-contractor Management Plan” and, in line
with the General Regulations to the Schedule of Rates, the rates in the Schedule
of Rates shall cover, inter alia, the provision of implementation of and
compliance with the SMP.

(L) The Contract Percentages allowed by the Contractor shall be deemed to cover all
work, services and obligations for or related to ensuring that all workers
involved in site works wear site uniform when they are on the Site as specified
in Special Conditions of Contract Clauses SCC 108 and SCC 3, and Particular
Specification PS.A11 for Site Uniform Clause X.1. There shall be no
measurement or separate payment for any of such work, services or obligations.

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(M) The Contract Percentages allowed by the Contractor shall be deemed to cover all
work, services and obligations for or related to the implementation of mandatory
Construction Industry Collaborative Training Scheme (CICTS) as specified in
the Particular Specification PS.A12 for Implementation of Mandatory CICTS.
There shall be no measurement or separate payment for any such work, services
or obligations.

7. Where the word “allow” occurs in the Specification the cost of the item shall be at the
risk of the Contractor and no adjustment will be made at the settlement of accounts
except where such adjustment is expressly provided for in the Contract.

8. The Employer will not make separate payment to the Contractor for any expense
incurred by the Contractor in connection with the measurement and submission of such
measurement for work done, the measurement of variations or the adjustment and
settlement of accounts.

9. The Employer does not bind itself to place all works or any specific work required in the
hands of the Contractor and the Contractor shall not be entitled to any time and financial
claims whatsoever in this aspect.

10. The items included hereunder apply to the Whole of the Works and to the Contractor’s
obligations and liabilities associated therewith included in the Specification.

Form of Tender

11. The Form of Tender used is Form QS/TD.575, the Appendix to which contains the
following information:

(A) Schedule of Contract Percentages

(B) Maintenance Period

(C) Ceiling value and completion time for Minor Works Order

(D) Actions of the Maintenance Surveyor subject to the Employer’s right of


objection and direction

(E) Formula for the calculation of liquidated damages per day

(F) Submission for payment for the Works

(G) Standard base value of a Minor Works Order

(H) Standard base value of a High Risk Minor Works Order

(I) Claimed value of Works Orders for batching purposes

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(J) Interim payments

(K) Ceiling value and completion time for High Risk Minor Works Order

(L) Base month for the calculation of fluctuation in wage rates and cost of materials

(M) The sum payable to the Employer in the event that Old and Valuable Tree dies or
becomes moribund

(N) Maintenance Period for the preservation and protection of existing trees
including Old and Valuable Trees ordered by the Maintenance Surveyor

(O) The period for Aftercare to Old and Valuable Trees

(P) Maintenance Period for Aftercare to Old and Valuable Trees

Conditions of Contract

12. The form of Contract is the Government of the Hong Kong Special Administrative
Region General Conditions of Contract for Term Contracts for Building Works - 2004
Edition (Form ETWB 36) as modified by any Special Conditions of Contract.

If the Contractor is an unincorporated joint venture, the Articles of Agreement for use
with an Unincorporated Joint Venture (as at Appendix SCC.K to the Special Conditions
of Contract) will be used.

13. The Contractor shall allow in his Contract Percentages, percentage adjustment and
percentage addition priced in the Appendix to the Form of Tender for any financial
obligation imposed by the General or Special Conditions of Contract hereunder listed
(except as expressly stated as being not applicable) and any amplification or amendment
thereto as follows:

General Conditions of Contract

Clause 1 (1) Definitions

See Special Conditions of Contract.

(2) Singular and plural

(3) Marginal notes

(4) Payment

(5) Contract governed by Laws of Hong Kong

(6) Gender

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Clause 2 Duties and powers of the Maintenance Surveyor and the Maintenance
Surveyor’s Representative

Clause 3 Assignment

Clause 4 Sub-contracting

See Special Conditions of Contract.

The Contractor’s attention is drawn to the requirement of employing


specialist sub-contractors to execute the utility connection and pavement
works as specified in Particular Specification PS.C7 for Drainage and
Water Supply Connection Works, Excavation and Construction Works in
Footways and Carriageways.

Allow also for complying with the requirements of Paragraph 5.8 of the
Employer’s Requirements.

Clause 5 Documents mutually explanatory

See Special Conditions of Contract.

Clause 6 Provisions of Drawings, Specification and Schedule of Rates

Drawing APB/19763 is issued in connection with the Contract.

Clause 7 Drawings provided by the Contractor for the Works

See Special Conditions of Contract.

The Contractor’s attention is drawn to Special Conditions of Contract


Clause SCC 8 in respect of the submission of deeds of warranty executed
by the sub-contractors in respect of the Roofing System and Floor
Waterproofing System selected by the Contractor.

The Contractor’s attention is also drawn to Particular Specifications Part


C for Maintenance Works as and when ordered by the Maintenance
Surveyor where the submission of warranty is expressly provided for the
works executed.

(a) The Contractor shall provide the following drawings to an


approved scale within 90 days after the completion of each Works
Order:

(i) all “as-built” drawings for refurbishment and minor fitting-


out works by revising and updating existing record
drawings issued for the purpose of the Contract by the
Maintenance Surveyor.

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(ii) all “as-built” drawings for electrical installation works


when the estimated value of each Works Order exceeds
HK$10,000.00 and design sketches in connection with the
Works Order issued to the Contractor by the Maintenance
Surveyor.

(iii) all “as-built” drawings for air-conditioning works.

(iv) all installation drawings and “as-built” drawings for


Enhanced Execution Works for plumbing and drainage
installation.

(v) all “as-built” drawings for Utility Connections and


Pavement Works as required by Particular Specification
PS.C7 for Drainage and Water Supply Connection Works,
Excavation and Construction Works in Footways and
Carriageways.

(vi) all approved shop drawings and “as built” drawings under
the design responsibility in respect of any sub-contractors
and Specialist Sub-contractors referred to in these
Specification Preliminaries under General Conditions of
Contract Clause 25.

(b) The Contractor shall ensure all final versions of approved shop
drawings, as-built drawings and design calculations are an
accurate representation of the works detailed in the Works Orders
before submitting the same to the Maintenance Surveyor. The
drawings shall conform to the latest version of CAD Standard of
Works Projects (CSWP) as posted in the Development Bureau’s
web site http://www.devb.gov.hk/en/construction_sector_matters/
electronic_services/cad_standard/computer_aided_drafting/cad/
index.html and in accordance with the latest version of CAD
Manual for Architectural Services Department Projects. Should
any technical conflict between the CSWP and the CAD Manual
arise, the CSWP shall take precedence. The Contractor should
obtain a copy of the said Manual from the Drawing Office of the
Architectural Services Department for reference prior to the
production of the CAD drawings for the Contract.

(c) Supply 3 sets of the first draft prints of final versions of approved
shop drawings, as-built drawings within 28 days of the issuance of
the completion certificate.

(d) The Maintenance Surveyor will check the drafts and return to the
Contractor of marked up copies within 42 days from the date of
despatch by the Contractor with comments necessary for a final
and approved documents.

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(e) The final approved shop drawings, as-built drawings and design
calculation shall be in 3 sets of computer disk and 3 sets of hard
copy, and shall be submitted within 21 days from the date of final
approval.

(f) Each computer disk shall be in CD/DVD-ROM, labelled, with


cross reference to a printed list of files explaining the contents and
purpose of each file and supplied in the sturdy plastic containers.

(g) In addition to the above requirements, the Contractor shall provide


1 set of drawing list for all the drawings submitted. The drawing
list shall be in the format in accordance with the current Standard
Form ADRU-1 in Microsoft Word 2007 or above in CD/DVD-
ROM. A specimen Form is shown in Appendix SP.A to the
Specification Preliminaries.

(h) The Contractor shall use the drawing numbering system as


specified by the Maintenance Surveyor.

The Contractor’s attention is drawn to paragraph A4.3 of the General


Specification for Electrical Installation, paragraph A4.3 of General
Specification for Air-conditioning, Refrigeration, Ventilation and Central
Monitoring & Control System Installation and paragraphs A3.20.1,
A3.20.2, A4.1, A4.3 and A4.4 of Particular Specification PS.C1A for
Plumbing Installation and Particular Specification PS.C1B for Drainage
Installation in respect of the submission, size and content of installation
drawings and as-built drawings.

The Contractor’s attention is also drawn to paragraph A4.4 of the


General Specification for Electrical Installation, paragraph A4.4 of
General Specification for Air-conditioning, Refrigeration, Ventilation
and Central Monitoring & Control System Installation and paragraphs
A3.20.3, A4.1 and A4.5 of Particular Specification PS.C1A for Plumbing
Installation and Particular Specification PS.C1B for Drainage Installation
in respect of the requirements for submission of operation and
maintenance manuals and user manuals.

Clause 8 Information not to be divulged

See Special Conditions of Contract.

Clause 9 Use of English language

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Clause 10 Extent of Contract

See Special Conditions of Contract.

The Services to be provided and the Works to be carried out comprise the
following for which the Architectural Services Department (Property
Services Branch) is responsible and becomes responsible during the
course of this Contract within the Designated Contract Area of the
Contract Area, and under the situations as set out in Item 6(D)(a) above
at locations outside the Designated Contract Area but within the same
Contract Area, all as described in the Contract:

(1) Maintenance Services

(a) Routine Cleaning Works throughout the Contract Period

(i) Routine Cleaning of Potable Water Tanks and Flushing


Water Tanks at Government Premises

(ii) Routine Cleaning and Clearance of Underground Foul


and Waste Water Drainage System at Market Complexes
and Cooked Food Centres

The requirements of the Routine Cleaning Works are detailed


in Particular Specification PS.B1. See also Special Conditions
of Contract Clause SCC 124.

(b) Building Safety Inspections within the period specified in


Particular Specification PS.B2

Building Safety Inspections to the whole and all parts of


buildings in the List of Buildings at Table 1 and Table 2 to
Appendix A of Particular Specification PS.B2

The requirements of the Building Safety Inspections are


detailed in Particular Specification PS.B2. See also Special
Conditions of Contract Clause SCC 124.

(2) Electronic Management and Maintenance System within the period


as specified in Particular Specification PS.B3

The requirements of the Electronic Management and Maintenance


System are detailed in Particular Specification PS.B3. See also
Special Conditions of Contract Clause SCC 124.

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(3) Entrusted Works throughout the Contract Period

(i) Periodic inspection, testing and certification of electrical


installations in selected premises

(ii) Inspection of condition of government quarters (‘G’ Grade and


below) for change of tenancy

The requirements of the periodic inspection, testing and certification


of electrical installations in selected premises and inspection of
condition of government quarters (‘G’ Grade and below) for change
of tenancy are detailed in Particular Specifications PS.C19 and
PS.C20 for Periodic Inspection, Testing and Certification of
Electrical Installations in Selected Premises and Inspection of
Condition of Government Quarters (‘G’ Grade and Below) for
Change of Tenancy respectively.

(4) Other maintenance works instructed by the Maintenance Surveyor


from time to time during the Contract Period

Alterations, additions, maintenance and repair of, conversion,


replacement, refurbishment, reinstatement, improvement, minor
fitting out and any other works or services to Buildings and Lands
and other Properties.

For the purpose of this Contract, Buildings and Lands and Other
Properties for which the Architectural Services Department (Property
Services Branch) is responsible include the following:

(1) Buildings and Lands and other Properties owned, leased or


occupied by the Government of the Hong Kong Special
Administrative Region.

(2) Buildings and Lands and other Properties occupied by the People’s
Liberation Army.

(3) Antiquities and Monuments.

(4) Village Resites.

(5) Buildings and Lands and other Properties owned, leased or


occupied by private organisations in receipt of subvention funding
from the Government of the Hong Kong Special Administrative
Region.

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The Contractor will normally be required to provide Services and carry


out Works in his Designated Contract Area, but he may be required to
provide Services and/or carry out Works at locations outside his
Designated Contract Area but within the same Contract Area throughout
the Contract Period as described in Item 6(D)(a) above when instructed
by the Maintenance Surveyor. The Contractor’s attention is drawn that
the Maintenance Surveyor shall have his sole discretion to decide
whether to issue such instruction to the Contractor or not.

The Contractor’s attention is drawn to the requirements of utility


connections and pavement works in Particular Specification PS.C7 for
Drainage and Water Supply Connection Works, Excavation and
Construction Works in Footways and Carriageways.

Clause 11 Contractor to execute Articles of Agreement

See Special Conditions of Contract.

The Articles of Agreement for use with a partnership or an


Unincorporated Joint Venture is at Appendix SCC.K to Special
Conditions of Contract.

Clause 12 Sureties or security

See Special Conditions of Contract.

Performance bond/cash security is not required.

Clause 13 Inspection of the Contract Area

The boundary for the Contract Area and Designated Contract Area is
delineated on Drawing APB/19763.

The Contractor’s attention is drawn to the risk of injury or damage to


property adjacent to or abutting the Site.

The Contractor's attention is drawn to Particular Specification PS.A3 for


Works within the Railway Protection Area. The Contractor shall be
required to complete and return to MTR Corporation Limited an
indemnity form and letter of undertaking in accordance with Annex 3
and Annex 4 of Particular Specification PS.A3 before being permitted to
enter the Railway Protection Area.

Clause 14 Sufficiency of Tender

Clause 15 Works to be to the satisfaction of the Maintenance Surveyor

See Special Conditions of Contract.

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Clause 16 Order of executing the Works

Clause 17 Particulars to be furnished

See Special Conditions of Contract.

Allow for complying with the requirements of Paragraph 5.1 of the


Employer’s Requirements.

Allow also for complying with the requirements as provided in Particular


Specification PS.B1 for Routine Cleaning Works and Particular
Specification PS.B2 for Building Safety Inspections.

Clause 18 Contractor’s superintendence

See Special Conditions of Contract.

Allow for providing all necessary superintendence and staff for the
provision of the Services and execution and maintenance of the Works as
required in Paragraph 4 of the Employer’s Requirements.

The Maintenance Surveyor shall have the power to withdraw his


approval at any time of any Contractor’s personnel and staff engaged for
this Contract as provided in Paragraph 4 of the Employer’s
Requirements.

Clause 19 Contractor’s employees

Allow for providing all necessary labour force for the provision of the
Services and execution and maintenance of the Works as required in
Paragraph 5.7 of the Employer’s Requirements.

The Contractor shall complete the form in Appendix SP.B to the


Specification Preliminaries, giving information about the labour
resources to be engaged for the Services and the Works and the sub-
contracting particulars for the Contract. The completed form shall be
submitted to the Maintenance Surveyor within 14 days of the date for
commencement of the Contract Period for forward submission to the
Mandatory Provident Fund Schemes Authority.

Clause 20 Emergency works

See Special Conditions of Contract.

Allow for providing workers, plant, facilities, tools, appliances,


equipment and materials for the execution of Out of Normal Working
Hours, Typhoon and Rainstorm Emergencies as required in Paragraphs 7
and 8 of the Employer’s Requirements.

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Clause 21 Setting-out

Clause 22 Safety and security of the Works

See Special Conditions of Contract.

(a) The Contractor’s attention is drawn to Particular Specification


PS.C7 for Drainage and Water Supply Connection Works,
Excavation and Construction Works in Footways and
Carriageways.

(b) The Contractor’s particular attention is drawn to the “Code of


Practice on the Design and Construction of Builders’ Lifts” issued
by the Electrical and Mechanical Services Department.

(c) All passenger hoists (builder’s lifts) installed on the Site shall be
equipped with suitable overload warning devices and automatic
cut-outs. The Contractor shall comply in every respect with the
current legislation.

(d) The Contractor’s attention is drawn to Particular Specification


PS.A7 for Site Safety in particular Clauses 14(3) and 14(9) of Part
1 for implementation of site safety measures for working in lift
shaft(s). The Contractor shall implement and allow for safety
system and measures for working in lift shaft(s), including
provision of structurally sound temporary full height metal gate(s)
with lock(s) for lift entrance(s) to lift shaft(s) as specified and
implementation of permit-to-work system to control access to
hazardous areas or the carrying out of any hazardous operations,
including works in lift shaft(s).

(e) Take all necessary precautions to prevent injury or loss of life


occurring on the Site. Display on the perimeter of the Site
prominent notices, written in both English and Chinese, warning
of the hazards and dangers of the Site. Protect open excavations on
the Site with barriers and keep the same clear of water. Lock or
otherwise render incapable of use plant and machinery on the Site
when unattended.

(f) Seek advice of the Crime Prevention Bureau of the Hong Kong
Police Force on security matters and display prominent notices
giving warning of watch dogs and warning of prosecution of
trespassers. All watchmen or security guards shall be kept
informed of their duties which shall include reporting the existence
of any trespasser to the Police.

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(g) ‘Use of Full Body Safety Harnesses’ and the adoption of ‘Permit
to Works’ to particularly hazardous operations with the following
specifications:

(i) Personal protective equipment against fall protection or for


use in confined space shall be the full-body type safety
harnesses. Safety belts shall not be allowed except for use as
positioning to restrict horizontal movement.

(ii) A permit-to-work system shall be implemented in the


controlling of access to hazardous areas or the carrying out of
any hazardous operation including, but not limited to, hot
work, electrical work, work in confined space, area or
operation liable to release of flammable or toxic liquid or gas,
etc.

(h) Colour code system shall be allowed in slings, shackles and such
like equipment for use in lifting operation.

(i) The Contractor shall notify the Maintenance Surveyor


immediately of any notifiable accident occurring on the site
including dangerous occurrence or death or serious personal
injury. The initial notification may be made verbally. A written
notification with details shall be made within 24 hours of the
occurrence of the accident.

(j) The Contractor’s special attention is drawn to the site safety


provisions contained in the Particular Specification PS.A7 for Site
Safety. The Contractor shall comply strictly with the said
provisions and allow for all costs in such compliance with these
Site Safety provisions.

Clause 23 Care of the Works

Allow for complying with the requirements of Paragraph 5.5 of the


Employer’s Requirements.

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Specification Preliminaries

Clause 24 Damage to persons and property

See Special Conditions of Contract.

The Contractor’s attention is drawn to the fact that the Contractor will be
held responsible for any damage caused by his workers or agents, sub-
contractors or suppliers to any Government or private furniture, fittings
or decorations occasioned during his provision of services or execution
of work in any Government owned or leased properties and that he shall
be required to pay the cost of repair or replacement of such items
damaged subject to the decision of the Maintenance Surveyor. The
Contractor must allow in his Contract Percentages priced in the
Appendix to the Form of Tender for protection or indemnification of all
such damage and for protecting all floors in accordance with the
instruction of the Maintenance Surveyor. If in the Maintenance
Surveyor’s opinion, the protection has been insufficient and damage has
occurred, the Contractor shall make good the damage at his own expense
to the satisfaction of the Maintenance Surveyor.

In particular protect from damage all public property and property of the
utility undertakings or other duly constituted authorities. The
Contractor’s attention is drawn to Particular Specification PS.C7 for
Drainage and Water Supply Connection Works, Excavation and
Construction Works in Footways and Carriageways and the Contractor
shall not be permitted to repair any damage to any installations of utility
undertakings or other duly constituted authorities.

Clause 25 Design responsibility

See Special Conditions of Contract.

The Contractor’s attention is drawn that where any of the following


works is ordered in the Works Order, the Contractor is responsible for
the Contractor’s Design as required:

(a) Contractor’s Design requiring a Designer and an Independent


Design Checker, who shall be Authorized Persons and/or
Registered Structural Engineers or Registered Professional
Engineers (Type A works):

(i) any works where required by the Maintenance Surveyor.

E-TCJ911-SP-01-0 - SP/17 -
Specification Preliminaries

(b) Contractor’s Design requiring a Designer who shall be Authorized


Person and/or Registered Structural Engineer or Registered
Professional Engineers (Type B works):

(i) curtain walling;

(ii) solid/composite aluminium cladding;

(iii) proprietary steel/aluminium sheet roofing;

(iv) rooflight system;

(v) any other works where required by the Maintenance


Surveyor.

(c) Contractor’s Design with no requirement for any Designer and/or


Independent Designer Checker (Type C works):

(i) electrical installation

(ii) air-conditioning, refrigeration, ventilation and central


monitoring & control system installation

(iii) any other works where required by the Maintenance


Surveyor.

Clause 26 Interference with traffic and adjoining properties

See Special Conditions of Contract.

The Contractor’s attention is drawn to Particular Specification PS.C7 for


Drainage and Water Supply Connection Works, Excavation and
Construction Works in Footways and Carriageways.

Clause 27 Remedy on failure to insure

Clause 28 Accident or injury to workers

Clause 29 Contractor to give notice of injury

Clause 30 Patent rights and royalties

See Special Conditions of Contract.

Clause 31 Giving of notices and payment of fees

See Special Conditions of Contract.

The Contractor’s attention is drawn to Particular Specification PS.C7 for


Drainage and Water Supply Connection Works, Excavation and
Construction Works in Footways and Carriageways.

E-TCJ911-SP-01-0 - SP/18 -
Specification Preliminaries

Clause 32 Compliance with enactments and regulations

See Special Conditions of Contract.

The Contractor’s attention is drawn to the Construction Sites (Safety)


Regulations, the Industrial Training Ordinance, the Pneumoconiosis and
Mesothelioma (Compensation) Ordinance, the Employees’
Compensation Ordinance, the Waste Disposal Ordinance, the Waste
Disposal (Charges for Disposal of Construction Waste) Regulation, the
Noise Control Ordinance and Air Pollution Control (Construction Dust)
Regulation.

The Contractor’s attention is drawn to the Electricity Ordinance and the


“New Cable Colour Code for Fixed Electrical Installations: Installation
Guidelines” (the Installation Guidelines) published by the Electrical and
Mechanical Services Department, HKSAR Government. The new cable
colour code as stipulated in the Installation Guidelines should be adopted
for the following electrical wiring works:

(a) The whole of the temporary wiring works on Site, including those
carried out by other contractors.

(b) The whole of the permanent wiring works on Site, including those
carried out by other contractors.

The Installation Guidelines can be obtained from the Electrical and


Mechanical Services Department or downloaded from the web site:
www.emsd.gov.hk.

The Contractor’s attention is drawn to Special Conditions of Contract


Clause SCC 88(4) that according to Section 2B of the Construction
Workers Registration Ordinance (“CWRO”) added by Section 4 of the
Construction Workers Registration (Amendment) Ordinance 2014
(“CWRAO”) which has come in operation on 1 April 2017. The
Secretary for Development may by notice published in the Gazette
appoint a day from which the provisions under the CWRO on the
prohibition against unregistered construction workers carrying out on
construction sites construction work will apply to the construction work
set out in Section 2B(1)(a) to (d) of the CWRO.

The CWRAO can be viewed in the web site


http://www.gld.gov.hk/egazette/english/search_gazette/search.php?Year
=2014&Date=&nt=&Title=Construction+Workers&type=ls&submit=Se
arch.

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Specification Preliminaries

The Contractor shall allow for all expenses including additional


resources, overhead, payment of all licences, levies, premiums or other
fees required, all penalties and fines and discharge of all liabilities
resulting from the full compliance with the CWRO on prohibition against
unregistered construction workers carrying out on construction sites
construction work. The final account for such Services and Works shall
not be adjusted to take account of any increase in Cost to the Contractor
in the execution of the Contract resulting from the full compliance of the
CWRO.

The Contractor is deemed to have sought appropriate legal advice or


advice from relevant authorities on the application of CWRAO and
CWRO to this Contract, and any dispute relating to the application of
CWRAO and CWRO to this Contract will not be entertained.

Clause 33 Notices to be written in English and Chinese

Clause 34 Site diary and labour returns

The Contractor’s attention is drawn to the requirement of Trip Ticket


System as specified in Particular Specification PS.A8 for Environmental
Control, Site Aspect Schedule and Trip Ticket System.

Clause 35 Fossils

Clause 36 Facilities for other persons

Clause 37 Removal of surplus materials and rubbish

Clause 38 Publication of photographs of the Sites or the Works

Clause 39 Offering gratuities

See Special Conditions of Contract.

Clause 40 Site cleanliness

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Specification Preliminaries

Clause 41 Engagement of labour

See Special Conditions of Contract.

The Contractor is required to ensure the employment of skilled workers


for each of the relevant specified trade division at the Site as specified in
the Contract at all times in accordance with the minimum percentage
requirement in Particular Specification PS.A1 for Employment of Skilled
Workers.

The Contractor shall employ the minimum total number of Enhanced


Construction Manpower Training Scheme (ECMTS) Graduates to work
on the Site in a trade in which they graduated under the ECMTS as
specified in Special Conditions of Contract Clause SCC 110.

The thermal insulation works if ordered by the Maintenance Surveyor


shall be undertaken by a minimum 10% of workers who shall have a
valid certificate of completing satisfactorily the thermal insulation
training courses organized and recognized by The Hong Kong Air
Conditioning and Refrigeration Association Limited (ACRA). Upon
request, details and particulars of these workers shall be submitted to the
Maintenance Surveyor for approval.

The air-conditioning installation works in connection with the handling


(including installing, commissioning and testing) of hydrofluorocarbon
(HFC) and blend type refrigerants if ordered by the Maintenance
Surveyor shall be undertaken by a minimum 25% workers who shall
have a valid certificate of completing satisfactorily the relevant
refrigerant handling training courses organized and recognized by The
Hong Kong Air Conditioning and Refrigeration Association Limited
(ACRA). Upon request, details and particulars of these workers shall be
submitted to the Maintenance Surveyor for approval.

The Contractor shall allow in his Contract Percentages priced in the


Appendix to the Form of Tender for complying with all these
requirements.

Clause 42 Default in payment of wages

Clause 43 Passes

See Special Conditions of Contract.

E-TCJ911-SP-01-0 - SP/21 -
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Clause 44 Quality of materials, workmanship and tests

See Special Conditions of Contract.

(a) Identification for make and origin for equipment and materials

The Contractor shall, upon request by the Maintenance Surveyor,


provide the delivery note, purchase order, ex-factory certificate,
invoice, shipping voucher (packing list/bill of lading), etc. from the
supplier/manufacturer including those from his sub-contractors for
the checking of the make and origin of the equipment and
materials used in the Contract. The Contractor is also required to
provide the name, address, facsimile number and email address (if
available) of the supplier/manufacturer in order that the
Maintenance Surveyor can contact the supplier/manufacturer for
checking and verification.

(b) Inspection, Measuring and Testing Equipment

Provide throughout the construction period and remove from the


Site on completion of the Works the calibrated Measuring and
Testing Equipment as specified in Particular Specification PS.A5
for Supply of Inspection, Measuring and Testing Equipment. The
equipment shall be labelled to indicate the calibration status and
supplied with the necessary documentation and calibration records.

(c) Inspection and Examination of work

The Contractor shall inform the Maintenance Surveyor or the


Maintenance Surveyor’s Representative when any part of the
Works is ready for inspection as required in the Contract or by the
Maintenance Surveyor using the standard form of “Request for
Inspection of Works” provided by the Maintenance Surveyor. The
Contractor shall also maintain a record of the submission status of
the “Request for Inspection of Works” forms and keep a copy of
the forms in the site office.

Clause 45 Access to the Site and places of manufacture

Clause 46 Examination of work before covering up

The Contractor’s attention is drawn to the technical audit requirement for


utility connection and pavement works as specified in Particular
Specification PS.C7 for Supply of Inspection, Measuring and Testing
Equipment.

Clause 47 Uncovering and making openings

E-TCJ911-SP-01-0 - SP/22 -
Specification Preliminaries

Clause 48 Removal of unsatisfactory material and work

Clause 49 Commencement of the Works

See Special Conditions of Contract.

The Contractor shall commence the Maintenance Services on the date of


commencement of the Contract Period notified by the Maintenance
Surveyor in accordance with Special Conditions of Contract Clause SCC
124(2)(a).

The Contractor shall establish the EMMS within the period as specified
in Particular Specification PS.B3 for Electronic Management and
Maintenance System in accordance with Special Conditions of Contract
Clause SCC 124(2)(b).

Clause 50 Occupation of the Site

See Special Conditions of Contract.

Clause 51 Time for completion

See Special Conditions of Contract.

The Maintenance Services shall be completed on or before the expiry of


the Contract Period as referred to in the Form of Tender in accordance
with Special Conditions of Contract Clause SCC 124(2)(d).

The EMMS shall be completed within the period as specified in


Particular Specification PS.B3 for Electronic Management and
Maintenance System in accordance with Special Conditions of Contract
Clause SCC 124(2)(d).

Clause 52 Continuous or overtime working

The Contractor’s particular attention is drawn to the fact that, in order to


maintain the normal functioning of certain types of buildings such as
offices, markets, abattoirs, etc., the Works or the Services can only be
executed after normal working hours, during night time or on general
holiday. In this respect, the Contractor is required to provide adequate
labour force to enable him to comply with this requirement to complete
the Works on or before the date for completion as stated on a Works
Order or within any extended time as provided under the Contract and to
complete the Services within the time for completion as provided under
the Contract.

The Contractor shall allow in his Contract Percentages priced in the


Appendix to the Form of Tender in respective of continuous and
overtime works which will not be measured and paid separately.

E-TCJ911-SP-01-0 - SP/23 -
Specification Preliminaries

Clause 53 Extension of time for completion

See Special Conditions of Contract.

Extension of time shall not be applicable to the Maintenance Services


and the AIMS System.

Clause 54 Rate of progress

See Special Conditions of Contract.

Clause 55 Liquidated damages for delay

See Special Conditions of Contract.

Liquidated damages shall not be applicable to the Maintenance Services


and the EMMS in accordance with Special Conditions of Contract
Clause SCC 124(2)(g).

See the formula for the calculation of liquidated damages for Works
Orders issued for other maintenance works in the Appendix to the Form
of Tender.

Clause 56 Completion of the Works

See Special Conditions of Contract.

Allow for complying with the requirements of Paragraph 5.9 of the


Employer’s Requirements.

Clause 57 Suspension of the Works

Clause 58 Suspension lasting more than 90 days

Clause 59 Execution of work of repair

Clause 60 Temporary reinstatement

Clause 61 Investigating defects

E-TCJ911-SP-01-0 - SP/24 -
Specification Preliminaries

Clause 62 Measurement of Works

See Special Conditions of Contract.

The measurement of the Maintenance Services and the EMMS will be


completed by the Maintenance Surveyor in accordance with Special
Conditions of Contract Clause SCC 124(9).

The Contractor is required to process the dimension books for Works


Orders for other maintenance works by computers and submit them by
electronic submission through the ACTION System.

Allow for complying with the requirements of Paragraph 5.2 of the


Employer’s Requirements.

Clause 63 Orders for variations

See Special Conditions of Contract.

See the restrictions indicated in the Appendix to the Form of Tender for
the Maintenance Surveyor to order variations.

If the Contractor considers that there is any matter which will constitute
variation to the Works (e.g. verbal instructions or responses to query
sheets given by the Maintenance Surveyor or his Representatives), he
shall submit a written request together with a rough indication of cost of
the subject matters to the Maintenance Surveyor or his Representatives
for their confirmation of instructions. The format of the Contractor’s
requests should be accepted by the Maintenance Surveyor.

The Contractor shall keep a register of his requests for confirmation of


instructions. In each monthly site meeting, the Contractor shall present
the updated register in a template provided by the Maintenance Surveyor.

The Contractor shall prepare cost estimate on proposed Works Orders


and review the cost estimate before the issuance, during the course and
on completion of Works Orders.

Allow for complying with the requirements of Paragraph 5.3 of the


Employer’s Requirements.

E-TCJ911-SP-01-0 - SP/25 -
Specification Preliminaries

Clause 64 Valuing variations

See Special Conditions of Contract.

The valuation of the final value of the Maintenance Services and the
EMMS will be completed by the Maintenance Surveyor in accordance
with Special Conditions of Contract Clause SCC 124(9).

When works are required for other maintenance works for which no rates
are available in the Schedule of Rates, the Contractor shall submit
applications for non-scheduled rates for the Maintenance Surveyor’s
approval before the works commence.

The Contractor is deemed to have made allowance in his percentage


addition to the Works priced at star rates for his profits, overheads,
attendance and all other costs and expenses incurred in connection with
the Works and are necessary in fulfilling the requirements of the Contract
where they are not separately itemized in the Schedule of Rates as
provided in Section 00 General Regulations Clause GR.11 of the
Schedule of Rates. And any insufficiency of his percentage addition to
cover the financial obligations referred in this Clause shall be deemed
included in his Contract Percentages priced in the Appendix to the Form
of Tender.

Allow for complying with the requirements of Paragraph 5.4 of the


Employer’s Requirements.

Clause 65 Daywork

Clause 66 Disturbance to the progress of the Works

Clause 67 Notice of claims

Clause 67A Contingency Sum

Clause 68 The Employer’s right to order work or materials from specialist

Clause 69 Varied form of sub-contract and objections to nomination

Clause 70 Payment to Nominated Sub-contractors

Clause 71 Assignment of Nominated Sub-contractor’s obligations

Clause 72 Vesting of Constructional Plant and temporary buildings

Clause 73 Vesting of materials

Clause 74 Removal of Constructional Plant, temporary buildings and materials

E-TCJ911-SP-01-0 - SP/26 -
Specification Preliminaries

Clause 75 Hired and hire-purchase Constructional Plant

See Special Conditions of Contract.

Clause 76 Employer’s expense in entering into hire or hire-purchase agreement

Clause 77 Liability for loss or damage to Constructional Plant

Clause 78 Incorporation of certain Clauses in sub-contracts

Clause 79A (Deleted)

Clause 79B Submissions for payment for the Works

See Special Conditions of Contract.

The Contractor is required to process the dimension books for Works


Orders for other maintenance works by computers and submit them by
electronic submission through the ACTION System.

The Contractor shall be aware of his responsibility to ensure the accuracy


of the dimension books submitted for payment of the Works carried out.
In case of over-claiming, the percentage error will be applied not only to
that Works Order but also to all other Works Orders included in the same
batch.

The Contractor shall allow for and liaise with Architectural Services
Department on the setting up of computer facilities including all
necessary hardware, software and connection within his own
establishment and for the Checker to access to the ACTION System and
Repair Call Centre (“RCC”) System for the issuance of Works Orders,
Minor Works Orders and site instructions from the Maintenance
Surveyor or his Representatives and receipt thereof, produce and submit
dimension books on the Works, agreement and finalization of Works
Orders and Minor Works Orders, all in accordance with the Contract and
as detailed in Annex 7 to the Employer’s Requirements.

The Contractor shall allow all necessary time and resources required for
the procurement, installation, testing and commissioning of all hardware
and software for the connection with and operation of the ACTION
System and RCC System after the award of the Contract. The Contractor
shall also send adequate number of his staff to attend training course(s), if
any, conducted by the ACTION System administrator and RCC System
administrator. In case there is a failure in the electronic submission at any
time during the course of the Contract, the Contractor is required to adopt
a manual submission system without any additional cost to the Employer
until the resume of the electronic system.

E-TCJ911-SP-01-0 - SP/27 -
Specification Preliminaries

When non-scheduled rate works are required, the Contractor shall submit
star rate application for such non-scheduled rate works for the
Maintenance Surveyor’s approval prior to the execution of works.

Allow for complying with the requirements of Paragraphs 5.2 and 10 of


the Employer’s Requirements.

Clause 80A (Deleted)

Clause 80B Interim payments

See Special Conditions of Contract.

Clause 81 Submission of statement of claims for interim payments

The Contractor shall deliver to the Maintenance Surveyor a signed


statement of interim payments for the Maintenance Services and the
EMMS at the intervals as specified in Particular Specifications PS.B1,
PS.B2 and PS.B3 for Routine Cleaning Works for Water Tanks and
Underground Drains, Building Safety Inspections and Electronic
Management and Maintenance System respectively in accordance with
Special Conditions of Contract Clause SCC 124(5).

Pursuant to Special Conditions of Contract Clause SCC 80 and SCC 124,


the Contractor shall submit upon commencement of the Contract Period
and, subsequently as part of the Contractor’s interim statement at a
frequency of once every month the following declaration statement:

“We confirm that, pursuant to Special Conditions of Contract


Clause SCC 80, we have complied with the provisions on ethical
commitment and confidentiality as stated in Special Conditions of
Contract Clauses SCC 73, SCC 79 and SCC 124 and we shall
ensure our employees, agents and sub-contractors are aware of and
complying with same.”

The declaration shall be signed by a person authorized to represent the


Contractor in signing contracts.

Clause 82 Payment on certification

See Special Conditions of Contract.

Clause 83 Correction and withholding of certificates

E-TCJ911-SP-01-0 - SP/28 -
Specification Preliminaries

Clause 84 Interim payment certificate or certified bill not to constitute approval of


work

Clause 85 Approval of works

Clause 86 Maintenance certificate

See Special Conditions of Contract.

Clause 87 Determination of the Contractor’s employment

See Special Conditions of Contract.

Clause 88 Work by person other than the Contractor

See Special Conditions of Contract.

Clause 89 Recovery of money due to the Employer

Clause 90 Special risks

Clause 91 Frustration

Clause 92 Settlement of disputes

See Special Conditions of Contract.

Clause 93 Service of notices

Clause 94 Default of the Employer

Clause 95 Airport height restrictions

Special Conditions of Contract

SCC 1 Typographical error

SCC 2 (Not used)

SCC 3 Definitions

SCC 4 Services or Works outside Designated Contract Area

SCC 5 (Not used)

SCC 6 Sub-contracting

SCC 7 Specialist Sub-contractor

E-TCJ911-SP-01-0 - SP/29 -
Specification Preliminaries

SCC 8 Sub-contractor’s warranty

SCC 9A Contractor’s liabilities (Roofing System)

SCC 9B Contractor’s liabilities (Floor Waterproofing System)

SCC 10 to (Not used)


SCC 11

SCC 12 ISO 9000 certification for the Contractor

SCC 13 ISO 9000 certification for Specialist Sub-contractor and sub-contractor

SCC 14 (Not used)

SCC 15 Contract information to be used for cost estimation or cost analysis for
the Employer’s other works

SCC 16 Securities or sureties

SCC 17 to (Not used)


SCC 19

SCC 20 Confidentiality clauses

SCC 21 (Not used)

SCC 22 Co-ordination

SCC 23 Employment of Skilled Workers

SCC 24 to (Not used)


SCC 29

SCC 30A (Not used)

SCC 30B (Not used)

SCC 30C Alternative designs at contract stage

SCC 31 (Not used)

SCC 32 Site cleanliness and tidiness

SCC 33 (Not used)

SCC 34 Concreting work at night or on General Holidays

E-TCJ911-SP-01-0 - SP/30 -
Specification Preliminaries

SCC 35 (Not used)

SCC 36 Alternative product or material

SCC 37 to (Not used)


SCC 38

SCC 39 Submission for payment for the Works

SCC 40 Interim payments

SCC 41 (Not used)

SCC 42 Permits for excavation works under Land (Miscellaneous Provisions)


Ordinance, Cap. 28

SCC 43 to (Not used)


SCC 46

SCC 47 Landscape Softworks and Establishment Works

SCC 48 (Not used)

SCC 49 Safety Plan

SCC 50 (Not used)

SCC 51 Ordering variations

SCC 52 to (Not used)


SCC 56

SCC 57 Hire and hire-purchase Constructional Plant

SCC 58 to (Not used)


SCC 60

SCC 61 Fluctuation in wage rates and cost of materials

SCC 62 to (Not used)


SCC 63

SCC 64 Quality assurance for structural concrete

SCC 65 (Not used)

SCC 66 Contractors’ Joint Venture

E-TCJ911-SP-01-0 - SP/31 -
Specification Preliminaries

SCC 67 (Not used)

SCC 68 Year 2000 warranty for Contract Computer Facilities

SCC 69 Works within the Railway Protection Area

SCC 70 (Not used)

SCC 71 Site Aspect Schedule

SCC 72 (Not used)

SCC 73 Information not to be divulged

SCC 74 Marking scheme in tender evaluation

SCC 75 Computer-Aided-Drafting standard for works projects

SCC 76 (Not used)

SCC 77 Management of Sub-contractors

SCC 78 Joint and several liability of partners and Unincorporated Joint Venture
participants

SCC 79 Ethical commitment

SCC 80 Contractor’s interim statements

SCC 81 Acknowledgement of being notified of the ethical requirements

SCC 82 (Not used)

SCC 83 Settlement of disputes

SCC 84 Extension of time for unforeseen utility work

SCC 85 Engagement of sub-contractors who are registered under the respective


trades available in Registered Specialist Trade Contractors Scheme

SCC 86 Quality Plan for the Services and the Works

SCC 87 Right of Government to terminate for convenience

SCC 88 Changes in Law

SCC 89 Independent tree specialist

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Specification Preliminaries

SCC 90 Preservation and protection of Old and Valuable Trees

SCC 91 Commencement and completion of Aftercare to Old and Valuable Trees

SCC 92 to (Not used)


SCC 94

SCC 95 Limiting the tiers of Sub-contracting

SCC 96 to (Not used)


SCC 97

SCC 98 Employer’s assignment

SCC 99 to (Not used)


SCC 102

SCC 103 Disposal grounds

SCC 104 to (Not used)


SCC 107

SCC 108 Intellectual Property Rights relating to Site Uniform

SCC 109 (Not used)

SCC 110 Employment of Graduates of the Enhanced Construction Manpower


Training Scheme

SCC 111 Extension of time due to labour shortage

SCC 112 (Not used)

SCC 113 Use of non-road mobile machinery approved under the Air Pollution
Control (Non-road Mobile Machinery) (Emission) Regulation

SCC 114 (Not used)

SCC 115 Contracts (Rights of Third Parties) Ordinance

SCC 116 to (Not used)


SCC 119

SCC 120 Use of off-site prefabricated steel reinforcing bar products supplied by
Approved Steel Reinforcing Bar Prefabrication Yard

SCC 121 Submission for payment for High Risk Minor Works Orders

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SCC 122 Estimated Values

SCC 123 Restrictions on the award of contracts

SCC 124 Maintenance Services and EMMS

SCC 125 Advance Payment

SCC 126 Works involving Third Party Intellectual Property - Definitions

SCC 127 Works involving Third Party Intellectual Property - Third Party
Intellectual Property

SCC 128 Works involving Third Party Intellectual Property - Approval


Requirements for Third Party Intellectual Property

SCC 129 Works involving Third Party Intellectual Property - Copyright Notice in
Third Party’s Name

SCC 130 Works involving Third Party Intellectual Property - Information not to be
divulged

SCC 131 Works involving Third Party Intellectual Property - Intellectual Property
Rights

SCC 132 Works involving Third Party Intellectual Property - Sufficiency of Tender

Specification

14. Further to Item 3 in these Specification Preliminaries, the General Specification and the
Particular Specification referred to in the Contract comprise the following General
Specifications, Codes of Practice, Testing and Commissioning Procedures, Technical
Memorandums, Manuals and all current corrigenda/amendments issued thereto which
are published before the date of first notice of tender invitation for the Contract or have
expressly provided herein, and the Particular Specifications included in this Contract:

(a) General Specification for Building 2017 Edition (Incorporating Corrigendum


No. GS 2017-02) issued by the Architectural Services Department, Hong Kong.

(b) Appropriate Sections of General Specification for Civil Engineering Works


2006 Edition issued by the Civil Engineering and Development Department.

(c) General Specification for Electrical Installation in Government Buildings of the


Hong Kong Special Administrative Region 2017 Edition (Incorporating
Corrigendum No. GSEE02-2017) issued by the Architectural Services
Department, Hong Kong.

E-TCJ911-SP-01-0 - SP/34 -
Specification Preliminaries

(d) Testing and Commissioning Procedure for Electrical Installation in Government


Buildings of the Hong Kong Special Administrative Region 2017 Edition.

(e) Code of Practice for the Electricity (Wiring) Regulations 2015 Edition issued by
the Electrical and Mechanical Services Department.

(f) Code of Practice for Energy Efficiency of Building Services Installation (2018
edition) issued by Electrical and Mechanical Services Department.

(g) General Specification for Air-conditioning, Refrigeration, Ventilation and


Central Monitoring & Control System Installation in Government Buildings of
the Hong Kong Special Administrative Region 2017 Edition (Incorporating
Corrigendum No. GSAC01-2017) issued by the Architectural Services
Department, Hong Kong.

(h) Testing and Commissioning Procedure for Air-conditioning, Refrigeration,


Ventilation and Central Monitoring & Control System Installation in
Government Buildings of the Hong Kong Special Administrative Region 2017
Edition.

For the avoidance of doubt, the phrases “up to the date of tendering”, “issued prior to
tendering” and “before the date of first tender invitation” appearing in any of the above
General Specifications shall mean “before the date of first notice of tender invitation for
the Contract”, “issued prior to the date of first notice of tender invitation for the
Contract” and “before the date of first notice of tender invitation for the Contract”
respectively.

15. The Contractor is deemed to have examined the Specification.

16. The terms “Supervising Officer (SO)”, “Works” and “works” used in any specifications
and particular specifications included in the Contract shall mean the “Maintenance
Surveyor”, “Services or Works” and “services or works” respectively as defined in the
Contract.

17. The term “Environment, Transport and Works Bureau” or “Works Bureau” shall mean
the “Development Bureau”.

18. In the event that the Contractor is in doubt of any matter related to the issue of
terminology, he shall refer it to the Maintenance Surveyor who will explain the matter in
accordance with General Conditions of Contract Clause 5(2) accordingly.

19. The Contractor shall allow in his Contract Percentages, percentage adjustment and
percentage addition priced in the Appendix to the Form of Tender for any financial
obligation imposed in complying with any of the clauses in the Specification which is
deemed to be applicable to the Contract.

E-TCJ911-SP-01-0 - SP/35 -
Specification Preliminaries

20. Allow further for any financial obligation imposed in complying with any of the clauses
in General Specification for Building 2017 Edition (Incorporating Corrigendum No. GS
2017-02) and all current corrigenda/amendments thereto published before the date of
first notice of tender invitation for the Contract issued by the Architectural Services
Department Hong Kong and which is deemed to be applicable to the Contract. Note in
particular the clauses listed hereinafter.

Clause 1.09 Proprietary brand name products or materials

See Special Conditions of Contract.

See also Clauses GR.24, GR.25 and GR.26 of Section 00 - General


Regulations of the Schedule of Rates.

The Contractor shall allow for providing all the necessary information
and documentary evidence as required in these Clauses.

Clause 1.12 Equivalent standards and imperial sizes

Notwithstanding Clause 1.12, all structural products or materials


required for the permanent Works shall be tested to and test results
shall comply with the relevant standards.

Clause 1.13A Occupancy and rental of private land of ecological values.

The Contractor’s attention is drawn to Particular Specification PS.A14


for Restriction on Occupancy and Rental of Private Land of Ecological
Values.

Clause 1.15 Fire precautions

The Contractor’s particular attention is drawn to the guidelines


contained in the FSD Circular Letter No. 2/2008 – Fire Protection
Measures in Construction Sites. (Internet link to the Circular Letter:
http://www.hkfsd.gov.hk/home/eng/source/circular/2008_02.pdf)

Provide and maintain in good working order and remove on certified


completion of the Works or relevant part thereof temporary portable
hand-operated appliances approved by F.S.D.:

(i) One no. 9 litre water/CO2 portable extinguisher per 200 m²


(maximum) constructed floor area (at least 2 nos. per floor).

(ii) One no. 4.5 kg CO2 extinguisher per 100 m² (maximum) floor
area for each switch room, generator room, plant room,
transformer room and rooms with similar electrical
installations.

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(iii) One no. 9 litre water/CO2 portable extinguisher per 200 m²


(maximum) floor area for each site office.

Temporary portable hand operated appliances shall be inspected by a


registered fire services installation contractor at least once in every 12
months.

Clause 1.16 Safety

The Contractor’s attention is drawn to Particular Specification PS.A7


for Site Safety.

Clause 1.17 Nuisance

The Contractor, his sub-contractors of any level, all persons employed


by him on the Site and any other persons authorized by him to be on
the Site shall comply in every respect with the current legislation,
Code of Practice and Guidance Notes in connection with the
environmental issues.

The Contractor shall be responsible to apply and maintain all the


permits and licences required under the legislation, e.g. Construction
Noise Permit, Waste Water Discharge Licence, Dumping Permit etc.,
and a summary of this information shall be kept and reported in the
Contractor’s regular progress report.

The Contractor’s particular attention is drawn to Particular


Specification PS.A8 for Environmental Control, Site Aspect Schedule
and Trip Ticket System, in particular Appendix E for the enhanced
cleansing measures for concrete delivery vehicles.

Allow also for complying with the requirements of Paragraph 15 of the


Employer’s Requirements for Environmental Control of Construction
Works.

The Contractor shall make every endeavour to minimize nuisance,


noise, dust or any other disturbance or inconvenience to the users,
adjacent properties, and vehicular traffic. The Contractor shall in no
way cause any hindrance to traffic either by his vehicles, or by his
workers, materials, etc.

Clause 1.18 Traffic control

Clause 1.19 Maintenance of roads

See Particular Specification PS.A6 for Mechanical Dump Truck


Covers.

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Clause 1.20 Trees and shrubs

See Particular Specification PS.C14 for Preservation and Protection of


Existing Trees including Old and Valuable Trees.

Clause 1.21 Existing features

Clause 1.22 Existing services

The Contractor shall check and locate the position of existing services
prior to the commencement of the Works on the Sites and allow for all
costs in connection with this provision.

Clause 1.23 Adjoining properties

Clause 1.25 Access and roads

Clause 1.26 Drainage

Clause 1.27 Watchmen

Clause 1.28 Site accommodation for Contractor

The Employer may make available to the Contractor the use of any
site and building or part thereof for the sole use in connection with the
Works of this Contract subject to the provisions in Paragraph 11 of the
Employer’s Requirements and the following conditions:

(a) The sites are allocated for use as workshops and for the storage
of materials only, and the Contractor is responsible for ensuring
that the site is not misused or used for any illegal purpose;

(b) the sites and buildings generally will be made available on a


month to month basis throughout the Contract Period, but if the
Contractor wishes to erect a building on any of these sites he
may, at the discretion of the Maintenance Surveyor, be granted
the use of the site for a longer period;

(c) buildings of whatever nature erected by the Contractor on any of


these sites shall be in locations and of a construction approved
by the Maintenance Surveyor;

(d) the Contractor’s activities shall be confined strictly to within the


boundaries of these sites or buildings;

(e) dangerous goods shall not be stored on these sites or in these


buildings, other than in an approved Dangerous Goods Store;

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(f) noise or other nuisance shall not be caused to the detriment of


adjoining owners or dwellers of adjoining buildings by the
Contractor’s use of these sites or buildings;

(g) all buildings taken over by the Contractor or subsequently


erected by the Contractor on these sites shall be maintained by
the Contractor in a hygienic and reasonably usable weathertight
and decorative condition during his occupancy and he shall
supply and maintain all services required and pay any charges in
connection with the same;

(h) all sites taken over by the Contractor shall be maintained in a


clean, tidy and hygienic condition and all channels and drains
shall be kept in a clean condition and the staff of the
Architectural Services Department must be admitted on request
to inspect the site;

(i) all sites and buildings taken over by the Contractor are to be
cleared within a reasonable period after the completion of the
Contract and left empty, clean and tidy and any buildings erected
by the Contractor on these sites shall be demolished with debris
cleared away or removed off site and the sites left clean and tidy
including making good all works disturbed to match existing;

(j) the Contractor shall not assign, mortgage, charge, demise, sub-
let, part with possession of or otherwise dispose of all or any part
of any area and the Employer reserves the right to add to or to
repossess in whole or in part of any area of any depot;

(k) the Contractor’s watchmen may remain on the premises


overnight, but the premises must not be used as a dormitory for
the workers;

(l) the Contractor shall be liable for all costs arising from his using
of any water, electricity etc.;

(m) notwithstanding any of the foregoing, should the Maintenance


Surveyor require the Contractor to vacate a site, or sites, or
buildings for any reason whatsoever, although every assistance
will be given to find an alternative site, no guarantee can be
given that an alternative will be provided and in any event no
compensation for any costs incurred by such move will be paid
for by the Employer; and

(n) should the Contractor fail to vacate the said site or building or
fail to demolish the buildings erected by him as aforesaid and to
the satisfaction of the Maintenance Surveyor, the Maintenance
Surveyor may withhold outstanding payment on any works or
deduct from any monies due to the Contractor under this
Contract or other contracts between the Employer and the
Contractor.

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Clause 1.29 Storage sheds

Clause 1.30 Accommodation for workmen

The Contractor’s workmen shall NOT be permitted to live on Site.

Clause 1.32 Screens

Clause 1.33 Hoardings and gantries

All entrance/exit gates of hoardings and gantries shall be provided


with heavy duty locks and shall be locked outside working hours.
Provide in addition temporary warning lights.

Where required, take over from the previous contractor the existing
hoardings and gates and alter and adapt as necessary and subsequently
clear away and make good any work disturbed.

Clause 1.34 Scaffolding

Allow for providing Special Temporary Works (Double Layer


Scaffold) as specified in Clauses 1.39.1 to 1.39.8 as required for the
Works.

Payment will be made to the Contractor for provision of means of


access for the works in Works Orders of incidental minor maintenance
and repair nature at a height of over 10 metres where no other proper
means of access is available at the relevant rates given in Section 01
on Contract Facilities and Special Attendances of the Schedule of
Rates subject to the relevant Contract Percentages. However, payment
will not be made for provision of any other means of access not
itemized therein. The Contractor shall allow in his Contract
Percentages priced in the Appendix to the Form of Tender for any
financial obligations incurred due to any absence or insufficiency of
rates given in the Schedule of Rates and all other expenses in
compliance with the Contract requirements. See also Special
Conditions of Section 01 on Contract Facilities and Special
Attendances of the Schedule of Rates.

Clause 1.36 Water

The Contractor, if so permitted by the Maintenance Surveyor, shall be


entitled to use water supplies which may be available on the Site but
the Employer reserves the right to charge the Contractor for any water
consumed by the Contractor from such available supplies.

When water supplies are not available on the Site, or permission to use
available supplies is not granted, the Contractor shall at his own cost
provide all the water for the Works and pay all fees and charges in
connection therewith. In either case, the Contractor shall at his own
cost provide and install all temporary storage tanks and temporary pipe
lines and execute any temporary plumber’s work that may be required.

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When temporary water supply is available on Site and the Contractor,


upon taking over the Site, is required to inform the Water Supplies
Department that the temporary water supply is taken over by him. The
Contractor shall be responsible for the installation of all piping and
water meter, effecting payment of water consumed, and clearing away
all piping on completion and making good all works disturbed.

Clause 1.37 Lighting and power

The Contractor, if so permitted by the Maintenance Surveyor, shall be


entitled to consume electricity for lighting, power and testing
installations from supply points which may be available on the Site but
the Employer reserves the right to charge the Contractor for any
electricity consumed by the Contractor from such available supply
points.

When electric power supply points are not available on the Site, or
permission to use available supply points is not granted, the Contractor
shall at his own cost provide his own source of supply and all electric
power needed and pay all fees and charges in connection therewith. In
either case, the Contractor shall at his own cost provide and install all
temporary wiring, temporary points and lighting fittings, and the like,
and execute any temporary electrical work required.

When the Contractor is permitted to connect to the existing power


supply points, he shall, upon taking over the Site, inform the relevant
utility company if necessary regarding the same. The Contractor shall
bear all costs in connection with this aspect.
 
Clause 1.39 Maintenance of Temporary Works

Clause 1.41 General attendance

Clause 1.42 Attendance on Sub-contractors and Specialists

The Contractor shall provide and allow for attendance and


arrangements as described in the General Specification for works
executed by all Specialist Sub-contractors, sub-contractors, Specialist
Contractors, Government Department and utility undertakings and
goods supplied by all suppliers for the Services and the Works.

The Contractor is reminded of his obligation under General Conditions


of Contract Clause 10 to provide all labour, materials, plant,
constructional plant, temporary works, transport to and from the Site
or in and about the Services and the Works and everything whether of
a temporary or permanent nature required in and for the provision of
Services and the execution of Works including the Services and the
Works carried out by the Specialist Sub-contractors and his domestic
sub-contractors and the goods supplied by the suppliers.

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The Contractor shall also provide and allow for providing security to
all storage areas of Specialist Sub-contractors, sub-contractors,
suppliers, Specialist Contractors, Government Departments and Public
Utility Companies and illuminate all surrounding areas to all storage
sheds erected.

The following parts of the Services and the Works shall be carried out
by Specialist Sub-contractors if ordered by the Maintenance Surveyor
in Works Orders:

(i) Electrical installation


(ii) Air-conditioning installation

The following parts of the Works shall be carried out by sub-


contractors in the relevant groups, categories and where appropriate
classes of the “List of Approved Suppliers of Materials and Specialist
Contractors for Public Works” maintained by the Development Bureau
if ordered by the Maintenance Surveyor in Works Orders:

(i) Landscape works


(ii) Arboricultural work to trees within the Site, including but not
limited to planting, replanting, transplanting, tree surgery work
and control of pest and disease
(iii) Retrofit roof greening
(iv) Tree preservation and protection work
(v) Landslip preventive/remedial works to slopes/retaining walls
(vi) Design, manufacture and installation of glass (or fibre)
reinforced plastic units

Clause 1.43 Co-ordination of services

Clause 1.44 Attendance on materials supplied by the Employer

Where materials are re-supplied from Government Stores a


replacement charge will be made (i.e. Government Logistics
Department rates plus 20%).

Clause 1.45 Material

Clause 1.46 Quality generally

Clause 1.53 Samples of materials

Provide samples of materials required for the Works Orders for the
Maintenance Surveyor’s approval before commencement of the Works
and comply with the requirements of provision of “central sample
room” under Paragraph 17.6 of the Employer’s Requirements.

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Clause 1.54 Samples of finished work

Unless otherwise expressly specified in the Contract, the financial


obligation imposed in complying with this Clause for samples of
finished work and the requirements of provision of “central sample
room” under Paragraph 17.6 of the Employer’s Requirements shall be
deemed to have allowed in his Contract Percentages priced in the
Appendix to the Form of Tender.

Clause 1.56 Tests

The Contractor shall allow sufficient time in his programme for tests
carried out by the Public Works Laboratories, or by an independent
body accredited by the Hong Kong Laboratory Accreditation Scheme
(HOKLAS) (hereinafter referred to as the “Accredited Laboratory”)
approved by the Maintenance Surveyor. The Contractor shall give
reasonable prior notice to the Public Works Laboratories regarding the
test requirements to ensure the completion of the tests on time. The
Contractor shall allow sufficient time for obtaining prior approval
from the Maintenance Surveyor if an Accredited Laboratory is to be
appointed.

The Contractor shall observe the procedures required for the use of
Public Works Laboratories and the Accredited Laboratory as
stipulated under Works Bureau Technical Circular No. 14/2000.

Cause to be carried out compliance tests and surveys on materials and


workmanship as specified in or to be inferred from the Specification
and on all fire doors and frames as stipulated in the Code of Practice
for Fire Safety in Buildings 2011, issued by the Buildings Department,
Hong Kong.

Note: The testing of materials and samples carried out by the


Employer which includes the Public Works Laboratories is free
of charge. In spite of the above, the Contractor shall have to
bear all costs arising from his proposed use of an Accredited
Laboratory in lieu of the Public Works Laboratories as specified
in the Contract.

Unless otherwise expressly specified in the Contract, the financial


obligation imposed in complying with this Clause for tests shall be
deemed to have allowed in his Contract Percentages priced in the
Appendix to the Form of Tender.

Clause 1.57 Test cube security cages

Clause 1.58 Protection from weather

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Clause 1.59 Removal of water

Allow for keeping the Site and all excavation thereon free from storm
and percolating water by pumping or otherwise, including any
necessary temporary drainage and disposal of water.

Clause 1.60 Cleanliness

The Contractor’s attention is drawn to Particular Specification PS.A9


for Daily Cleaning and Weekly Tidying.

Payment for daily cleaning and weekly tidying will be made in


accordance with the Special Conditions to Section 63 – Site
Cleanliness and Tidiness in the Amendment to Schedule of Rates.

Clause 1.62 Drying the Works

Clause 1.63 Work at completion

Leave the Works secure with all access locked wherever necessary and
account for all keys with indicating tags and hand over to the
Maintenance Surveyor.

Clause 1.64 Security at completion

Clause 1.66 Restrictions on the use of hardwood

Clause 1.67 Conducting of compliance tests and surveys on site

Clause 1.69 Red Imported Fire Ants

The Contractor shall allow in his Contract Percentages priced in the


Appendix to the Form of Tender for carrying out periodic site
inspection to check whether there are traces of suspected Red Imported
Fire Ants (RIFA) on Site. Upon discovery of any mound of suspected
RIFA, the Contractor shall report immediately to the Maintenance
Surveyor.

Upon receipt of the abovementioned report, the Maintenance Surveyor


may at his discretion issue a Works Order instructing the Contractor to
execute treatment services as described in Section 1.69 of the General
Specification for Building 2017 Edition (Incorporating Corrigendum
No. GS 2017-02) for Treatment Services on RIFA.

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Clause 6.14 Steel reinforcement

See Special Conditions of Contract Clause SCC 120.

Construction Standard CS2:2012 – Steel Reinforcing Bars for the


Reinforcement of Concrete shall be referred to as the required standard
for steel reinforcing bars for reinforcement in concrete in the Contract.

Clause 6.17 Test specimens

Provide and cut test specimens from each consignment as directed by


the Maintenance Surveyor for tensile tests, bend tests and rebend tests
as required by CS2:2012.

Clauses 6.25.1 Reinforcement (epoxy coated)


to 6.25.14
Epoxy coated reinforcement shall be used as directed by the
Maintenance Surveyor.

Clause 6.33 Aggregates

Construction Standard CS3:2013 – Aggregates for Concrete shall be


referred to as the required standard for aggregates for concrete,
including those used in the production of precast concrete units, in the
Contract.

Clauses 6.47.1 Control of alkali- silica reaction in concrete


to 6.47.3
Allow for and submit all calculations and test certificates to the
Maintenance Surveyor.

Clause 6.48 Mixing

Concrete batching on site will not be allowed.

Clauses 6.54 to Sample and testing


6.60
Construction Standard CS1:2010 – Testing Concrete shall be referred
to as the required standard for testing concrete in this Contract.

Sundry Requirements

Protection

21. The Contractor shall allow in his Contract Percentages priced in the Appendix to the
Form of Tender for the general covering and protection from damage of the Works and
any Specialist Works.

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Recycled materials

22. The Contractor is encouraged to use more recycled materials for the Works including
temporary works. Any proposals for using recycled materials shall be subject to the
approval of the Maintenance Surveyor before they are allowed to be used.

Facilities, equipment or services provided for use by the Maintenance Surveyor, his
Representatives, the Employer or his staff

23. Facilities, equipment or services provided for use by the Maintenance Surveyor, his
Representatives, the Employer or his staff include, but not necessarily limited to, those
facilities, equipment or services set out in Item 32 below.

24. The abovementioned facilities, equipment or services shall be provided to the


Maintenance Surveyor’s Representative office for central acceptance and distribution.
The Maintenance Surveyor will notify the Contractor in due course the name and
address of the Maintenance Surveyor’s Representative who will be responsible for this.
The Contractor shall not provide the facilities, equipment or services directly to
individual site supervisory staff.

25. The abovementioned facilities, equipment and services are only required to meet the
minimum requirement stipulated in the Contract. Where such is impracticable (e.g.
when the model just satisfying the minimum requirement is outdated or out of stock),
the Contractor may provide at his own cost facilities, equipment or services slightly
exceeding the minimum requirement. However, extravagant, out of the norm or over-
provision is unnecessary and should be avoided. In the event that a much higher quality
than that stipulated shall be provided for legitimate reason, the Contractor shall give
prior notification to the Employer of such over-provision.

26. The Contractor shall be responsible for the provision, installation, maintenance, repairs,
service charges, tax, license and any other charges in connection with the use of the
facilities, equipment and services. The Contractor shall also be responsible for providing
all necessary fuel, oils, toll charges and parking fees for the use of vehicles.

27. The Contractor shall insure for all facilities, equipment and services supplied to the
Employer under the Contract against damage, loss by theft or fire and the like and he
shall be responsible for promptly replacing the damaged or lost facilities, equipment and
services at no cost to the Employer whether such damage or loss is attributable to any
act, omission or negligence on the part of the Maintenance Surveyor, his
Representatives, the Employer or his staff.

28. The Contractor shall maintain the necessary insurance for the personnel employed in
providing the services.

29. Unless otherwise stated, the facilities, equipment and services shall be reverted to the
Contractor on the expiry of the Contract Period or at any time as the Maintenance
Surveyor may advise the Contractor in writing.

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30. Unless otherwise stated, the Contractor is required to remove the facilities, equipment
and services provided under the Contract within thirty (30) days from the date of the
Maintenance Surveyor’s written notice of reversion. If the Contractor fails to remove the
facilities, equipment or services within the said period, the Employer shall be entitled to
dispose the facilities, equipment or services and any expenses incurred by the Employer
shall be recovered from the Contractor.

31. The Contractor shall arrange all facilities, equipment and services to be available for use
from the date of commencement of the Contract Period.

32. The Contractor’s attention is drawn that payment will be made to the Contractor for
providing facilities, equipment or services at the itemized rates included in Section 01
on Contract Facilities and Special Attendances of the Schedule of Rates subject to the
relevant Contract Percentages upon satisfactory compliance of the Contract
requirements. Where any facilities, equipment or services specified in the Contract but
not being itemized therein, the Contractor is deemed to have allowed in his Contract
Percentages priced in the Appendix to the Form of Tender for Section 01 and other
Sections of the Schedule of Rates for providing all facilities, equipment or services as
required in the Contract. See also Special Conditions of Section 01 on Contract
Facilities and Special Attendances of the Schedule of Rates.

(A) Land transport

(a) The Contractor shall provide, license and maintain from the date of
commencement of the Contract Period as notified by the Maintenance
Surveyor in accordance with General Conditions of Contract Clause 1(1)
the following vehicles of not more than one year old and in good working
order as described in Paragraph 9.2 of and Annex 6 to the Employer’s
Requirements and Particular Specification PS.A13 for Use of Electric
Vehicle:

(i) For private car (saloon) – fully air-conditioned saloon cars and
seating capacity of not less than four (excluding the driver) seats.

(ii) For MPV – fully air conditioned vehicles, hybrid or environmental


friendly with engine capacity of not less than 1,800 c.c. all approved
by Environmental Protection Department and seating capacity of not
less than six (excluding the driver) seats.

(iii) For electric vehicle – fully air conditioned vehicles and fully
automatic transmission.

(b) The vehicles shall be for the exclusive official use of the Maintenance
bSurveyor, his Representatives, the Employer or his staff in connection with:
)
(i) the supervision of the Services or the Works under the Contract and
duties related thereto;

(ii) the supervision of the works of any other contracts within the
Contract Area and duties related thereto;

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(iii) the transportation of the Maintenance Surveyor, his Representatives,


the Employer or his staff between APB Centre and ArchSD Head
Office, Sites, depots and/or other Government Offices;

(iv) any other official journeys in connection with the Contract as may be
authorised by the Maintenance Surveyor or his Representatives; and

(v) any other official journeys as authorised by the Employer.

(c) The vehicles shall be kept available for use at all times during the following
periods:
)
(i) normal working hours and such other times when the Contractor is
working; and

(ii) when requested by the Maintenance Surveyor or his Representatives


for emergency situations, or for the discharge of their duties outside
the period stated in sub-paragraph (i) above.

(d) When the vehicles are not in use during the period stated in paragraph (c)(i)
above, the Maintenance Surveyor may designate a location for the vehicles
) to standby.

(e) The Contractor shall allow for the costs arisen from using any tunnels and
bridges for trips relating to official duties as referred in paragraph (c) above.

(f) The Contractor shall not use the vehicles for his own purposes and he shall
ensure that the vehicles are not used by any person outside the specified
) periods.

(g) The Contractor shall provide the services of at least one competent driver
for each vehicle. Each driver must have driving experience for 3 years or
) above, must not have any dangerous driving records and approved by the
Maintenance Surveyor. Each driver shall be equipped with a mobile
telephone for contact purpose when on duty.

(h) The Contractor shall ensure that the drivers institute and maintain records of
the use of the vehicles. Such records shall include, inter alia, details, times
) and purpose of journeys together with appropriate odometer readings and
distances travelled. The person using the vehicles or authorising the journey
shall be required to sign his name and title against the entries.

(i) The Contractor shall obtain log books from the Maintenance Surveyor’s
hRepresentative. The drivers shall present current log books for inspection
) when so required by the Maintenance Surveyor or his Representative. All
completed log books shall be handed over to the Maintenance Surveyor’s
Representative.

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(j) The vehicles shall be covered by a comprehensive insurance which includes


passenger liability and allows it to be driven by any driver. The insurance
) policy shall be for a private vehicle under the ownership of the Contractor
with an endorsement in the policy expanding the definition of the
passengers to include the Maintenance Surveyor and his Representatives
and all personnel from the Architectural Services Department in connection
with official visit to and from Architectural Services Department’s sites.

(k) The Contractor shall maintain, repair, tax, insure and license the vehicles
) and bear all expenses of fuel, oils, toll charges and parking fees.

(l) The Contractor shall make available similar alternative transport when the
kvehicles provided are unavailable for any reason.

(m) The vehicle shall be properly painted or affixed by adhesive plastic labels
with the contract number, Contractor’s name, Department name,
Department logo of minimum size 70 x 70mm, Department complaint
hotline (or other suitable identifications) and the phrase “For Official Use
Only” “只供公務用途” in good size letters for easy identification. The
dimension of the label shall be 500~700mm (L) x minimum 200mm (H)
and shall suit the size of the door of the vehicle and layout of the words in
the label. The colours of the words and logo shall contrast with the
background colour of the vehicle.

(n) The vehicle shall be reverted to the Contractor on the issue of the certificate
l of completion of the last Works Order or at such earlier date as the
) Maintenance Surveyor may advise the Contractor in writing. Should the
Contractor fail to collect the vehicles within 14 days from the date of the
Maintenance Surveyor’s written notice of reversion, the Maintenance
Surveyor shall at his discretion dispose of the vehicles and the Contractor
shall not be entitled to claim for compensation for such disposal and shall
reimburse the Employer for any expense incurred due to such disposal.

(B) Facsimile machines

Provide and maintain facsimile machines in locations as directed by the


Maintenance Surveyor and in compliance with the requirements and
provisions described in Paragraph 9.2 of and Annex 6 to the Employer’s
Requirements from the date of commencement of the Contract Period.

The Contractor shall be responsible for repairs, service charges and any
other charges in connection with the use of the facsimile machines.

(C) Mobile communication devices

(a) Mobile communication devices (hereinafter referred to as the Devices)


include mobile telephones (also known as smartphone) and other alternative
) mobile communication devices.

The Contractor shall provide the Devices as described in Paragraph 9.2 of


and Annex 6 to the Employer’s Requirements.

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(b) The Devices shall be for use by the Maintenance Surveyor or his
bRepresentatives only from the date of commencement of the Contract
) Period to the date of the issue of the maintenance certificate or at such
earlier date as the Maintenance Surveyor may inform the Contractor in
writing. The Devices shall then be reverted to the Contractor.

(c) The communication network of the Devices shall be restricted to the


territory of Hong Kong and shall cover the Designated Contract Area and
) all MTR lines and stations. The Devices shall have ring and vibrating call
alert functions.

(d) The set of mobile telephone shall be of GSM / UMTS / LTE network with
Bluetooth hands-free headphone, protective case, display protection film,
charging / data cable, battery of capacity at least 10 hours data use or 20
hours talk time and a battery charger. The Devices shall have minimum
32GB internal storage, multi-touch screen display with screen size 5.2
inches or above and 12M pixels camera. The service plan shall include
unlimited data usage, 2000 minutes voice calls per month with call
forwarding, call number display, call waiting, call hold, basic voice
mailbox, conference call, incoming / outgoing call barring and bar incoming
call functions. Short message service (SMS), multimedia messaging service
(MMS), e-mailing, cross-platform mobile messaging application (e.g. App,
etc.) which allows the instant exchange of messages with images, video and
audio messages, and broadband Internet connections shall be available.
International roaming and IDD services shall not be provided.

(e) Monthly report on the usage of the mobile telephones shall be kept by the
Contractor and shall be made available for inspection by the Maintenance
) Surveyor. Usage beyond 2000 minutes voice calls or 50 SMS messages in
any month shall be reported to the Maintenance Surveyor. The excess over
2000 minutes voice calls and/or 50 SMS messages per month shall be
covered by Maintenance Surveyor’s Instructions and shall be regarded as
variations to the Contract under General Conditions of Contract Clause 63.

(f) The Contractor shall be responsible for the maintenance, repair and
temporary replacement of the Devices.

(g) The Contractor shall be responsible for obtaining all necessary licences and
paying all charges and expenses in connection with the provision and
) service of the Devices as required in the above clauses including all licence
fees, connection charges, rental charges, service charges, maintenance costs,
repair costs, replacement costs and insurance costs, etc.

(h) Should the Devices be reported unserviceable, lost or damaged beyond


repair, the Contractor shall provide a temporary replacement of equivalent
) function and configuration until such time as the Devices resume service or
replacement Devices are available.

(i) The Contractor shall be liable for all cost arising out of or in connection
with the replacement of the Devices unless the loss or damage beyond
repair of the Devices is caused by the Maintenance Surveyor or his
Representatives.

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(D) Senior customer services officer and customer services officer

(a) The Contractor is required to provide full time senior customer services
officer and customer services officer to be deployed at APB Centre as
described in Paragraph 9.2 of and Annex 6 to the Employer’s Requirements.

(b) The senior customer services officer is required to provide necessary


training in relation to the operation of the Repair Call Centre or Building
Defects Reporting Centre to the customer services officer or other staff as
assigned.

(c) The Contractor is required to submit a proposal demonstrating on how to


provide at least one fully functional stand-by staff who are well familiar with
daily operation of Repair Call Centre or Building Defects Reporting Centre
to the Maintenance Surveyor for approval as described in Paragraph 9.2 of
and Annex 6 to the Employer’s Requirements. The stand-by staff shall
perform at least one month full time practice in Repair Call Centre annually.

(E) Clerical support staff

The Contractor is required to provide full time clerical support staff to be


deployed at APB Centre as described in Paragraph 9.2 of and Annex 6 to the
Employer’s Requirements.

(F) Quality control assistants

The Contractor is required to provide full time quality control assistant to inspect
the quality of minor repair works carried out at various locations and report to the
Maintenance Surveyor’s Representatives as described in Paragraph 9.2 of and
Annex 6 to the Employer’s Requirements.

(G) Dedicated Repair Team for Tamar Government Development

The Contactor is required to provide a Dedicated Repair Team (DRT) to carry out
repair and maintenance works for Tamar Government Development as described
in Paragraph 24.6 of and Annex 13 to the Employer’s Requirements. The DRT
shall comprise:

(a) Plumbing Technician – 1 No.


(b) Carpentry Technician – 1 No.
(c) General Repair Technician – 1 No.

The DRT shall station at Tamar Government Development during normal


working hours from Monday to Saturday. The Contractor shall also allow for the
team to work on shift beyond normal working hours as directed by the
Maintenance Surveyor throughout the whole Contract Period. The DRT may be
required to work directly under the Chief Secretary for Administration's Office at
sensitive / high security areas.

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(H) Dedicated Inspection Team for Tamar Government Development

The Contactor is required to provide a Dedicated Inspection Team (DIT) to carry


out routine and periodic inspections for Tamar Government Development as
described in Paragraph 24.7 of and Annex 13 to the Employer’s Requirements.
The DIT shall comprise:

(a) Clerk of Works – 1 No.


(b) Building Inspection Supervisor /Foreman – 6 Nos.

The DIT shall station at Tamar Government Development during normal working
hours from Monday to Saturday. The Contractor shall also allow for the team to
work on shift beyond normal working hours as directed by the Maintenance
Surveyor and no extra fee will be paid throughout the whole Contract Period. The
Contractor is responsible for setting up and running of a DIT site office in Tamar
Government Development.

(I) Computer for monitoring work progress and reporting (Contract Computer
Facilities)

(a) Provide, license, deliver, install, setup, maintain, relocate and remove when
instructed the Contract Computer Facilities as detailed in Paragraph 9.1 of
and Annex 6 to the Employer’s Requirements and Particular Specification
PS.A4 from the date of commencement of the Contract Period.

See Special Conditions of Contract.

(b) The Contractor is required to license and maintain the Contract Computer
Facilities throughout the period as stipulated in Particular Specification
PS.A4. Remove the equipment which is delivered to the Architectural
Services Department offices at APB Centre at the end of the period as
directed by the Maintenance Surveyor.

(J) Digital camera

(a) Provide a digital camera as directed by the Maintenance Surveyor and in


compliance with the requirements and provisions as detailed in Paragraph
) 9.2 of and Annex 6 to the Employer’s Requirements from the date of
commencement of the Contract Period.

(b) The Contractor shall be responsible for repairs, service charges and any
bother charges in connection with the use of the digital camera.
)

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33. Computers for emulating as ACTION and RCC terminals

Prior to the commencement of the Contract Period, the Contractor shall, in their own
expense, procure, install, operate and maintain all hardware, software (except provided
otherwise), and communication items as detailed in Paragraph 10 of and Annex 7 to the
Employer’s Requirements, and keep all such items and any items installed thereafter
fully functional at all times, maintained and upgraded or otherwise altered to ensure,
within 14 days of written notification, full compatibility with any newer version of the
ACTION System and RCC System and/or connection with any location of the ACTION
mainframe computer and RCC System until the expiry of the Contract Period, provided
always that the Government reserves the right to require the Contractor to manually
collect any Works Order, Minor Works Order and site instruction at their own expense
without compensation by any collection methods other than the ACTION or RCC
workstations.

The Contractor shall also allow for sending adequate number of his staff to attend
training course(s), if any, conducted by the ACTION System and RCC System
administrators.

The Contractor shall liaise, inter alia, ArchSD and OGCIO, in connection with their
ACTION and RCC workstations, provided always that the Contractor shall allow for
sufficient time to procure, install, test and commission their ACTION and RCC
workstations and communication connections and ensure them ready to receive Works
Orders, Minor Works Orders and site instructions on the date of commencement of the
Contract Period and thereafter.

If their ACTION and RCC workstation becomes unavailable for collection of Works
orders, Minor Works Orders and site instructions, the Contractor shall give written
notification to the Maintenance Surveyor within half an hour of unavailability, and
arrange and agree with the Maintenance Surveyor other alternative means of collection
of Works Orders, Minor Works Orders and site instructions within the same day.

Remove the above equipment which are delivered to the Architectural Services
Department offices at APB Centre at the end of the periods as stipulated in the
Specification Preliminaries Clause 6(A).

The Contract Computer Facilities shall be reverted to the Contractor on the issue of the
maintenance certificate or at such earlier dates as the Maintenance Surveyor may inform
the Contractor in writing. Should the Contractor fail to collect the Contract Computer
Facilities within 14 days from the date of such notice from the Maintenance Surveyor,
the Maintenance Surveyor shall at his discretion dispose of the Contract Computer
Facilities and the Contractor shall not be entitled to claim for compensation for such
disposal and shall reimburse the Employer for any expense incurred due to such
disposal.

The Contractor shall allow in his Contract Percentages priced in the Appendix to the
Form of Tender for complying with the above conditions and provisions.

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34. Supply of inspection, measuring and testing equipment

The Contractor shall allow in his Contract Percentages priced in the Appendix to the
Form of Tender for providing and maintaining calibrated inspection, measurement and
testing equipment all as detailed in Particular Specification PS.A5 for the Supply of
Inspection, Measuring and Testing Equipment from the date of commencement of the
Contract Period.

The Contractor shall be responsible for the maintenance, repairs, service charges and
any other charges in relation to the equipment.

The inspection, measurement and testing equipment shall be reverted to the Contractor
on the issue of the maintenance certificate or at such earlier date as the Maintenance
Surveyor may advise the Contractor in writing. Should the Contractor fail to collect the
inspection, measurement and testing equipment within 14 days from the date of such
notice from the Maintenance Surveyor, the Maintenance Surveyor shall at his discretion
dispose of the inspection, measurement and testing equipment and the Contractor shall
not be entitled to claim for compensation for such disposal and shall reimburse the
Employer for any expense incurred due to such disposal.

35. Attendance to emergency situations

The Contractor shall allow in his Contract Percentages priced in the Appendix to the
Form of Tender for the compliance with the conditions and provisions as required in
Paragraphs 7, 8 and 11 of the Employer’s Requirements for the emergency services, the
facilities, tools, appliances, equipment and materials for emergency use, and the
establishment of his own depots.

36. Manufactured Sand for Local Production of Cement Mortar in Plastering, Rendering,
Floor Screeding Works

The Contractor’s attention is drawn to the Particular Specification PS.C29 for


Manufactured Sand for Local Production of Cement Mortar in Plastering, Rendering,
Floor Screeding Works.

Allow for and carry out all sampling works and pull-out tests and submit all test
certificates as required.

37. Information Technology for Monitoring on FEHD Public Toilet Maintenance Work

The Contractor shall allow in his percentage adjustment priced in the Appendix to the
Form of Tender for the compliance with the conditions and provisions as detailed in
Paragraph 6.7 of and Annex 12 to the Employer’s Requirements.

38. Special requirements for Tamar Government Development

The Contractor shall allow in his Contract Percentages priced in the Appendix to the
Form of Tender for the compliance with the conditions and provisions as required in
Paragraph 24 of the Employer’s Requirements for the completion time, emergency
services, the facilities, tools, appliances, equipment and materials for emergency use,
and the establishment of DIT site office at Tamar Government Development.

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