2- Duties of S.O. and S.O.'s R.

epresentative
(a) The s'o' shali be respo.osiblefor the overall
supervision aud direction of the works. Ail gu,i",o,
questions reearding any work under this cont.o.iiiuri
u" lotr" up u/1r,i C.rt u.to, wirh .',
the S.O.
(b) The S'o''s Represe-ntativeshall be responsible
to the S.o. and his duties are to watch ourics or
and supervise the works and to test and iny -ut."uls vr
-examine or goods
bvver o,
.J u"t"urij'il
v 5*1;.
workmanship employed in connection with tn. woit's. lativc.
(c) Notwithstanding sub-ciause(a) above, the S.O.
may from time to time in wntins deieeate Dcrq:rioo
to the S.o''s Representadve anv of the powersand'authoril*-".rrJi';"^iir.'!,.cj:"d;''ri1ii
furnish to the contractora.copy of.atl'sucl-wnite" a.i.s",ior ;"g;t"
po;;;;riilutnorities.
A-ay instructionor.apprrlyalgtven b.ythe S.O.'sn.pi.s.1't-t"tive "fro the Conrracrorwithin
the terms of such deidgationiiruit uiia tae Cootta.-tli *' tu"
cou.-rn neot ii uough it
had beengiven by the-S.O.provided alwaysth;;;---- ""4
(i) Faiiure of S.o.'s to disapproveany work or materialsshall not
,the
prejudicethe power:off.epre^surtative
thi S.o., thereaftertd'aisapprovesuchwork or materialsand
to order rhe puiling down, removal or breakingdf, there,lt.
(ii) If the Contractorshallbe dissatisfied by reasonof any^decision of the S.o.,sRepresen-
tativehe shall be entitledto reter the matter to the sb., wiro strait-in.;;;p;;
reverseor vary such decision. confirm,

3. S.O.'s Right to Take Action

(a) Notwithstaudingany pro'visionin this contract, it is hereby
agreedtlat: O6cer
(i) the right to take action and/or initiate proceedingson behalf cmpowcrcd
of the Governmentin to act on
respectof any matter.whicharisesout-of rhe privisionsricr"rt* 70,'
bchalf of

or 54' where approp.Tate,is expressly r.ser""l. to the t t"uuoi offir.-,] cz.5l. 52 and Goreromcst
o, offi.ccrs a p p r olov e
namedin the Appeodix hereto; vauaqou
(ii) the powerof the S.O.to issueinstructionsrequiringa variation
under-"."oiouo.e
Cla.use 24 shall
be subjectto the fuiancialiimits set out iu ttre afipendix heretoin
rvith
the relevant.Treasury'sIlstructions issu.edby the"reaeral rreasury oi-the
Covern-
ment of.Malaysia-I,f .tlt. 9.o. rs requlrectto rssuean insiructio"-i.qi,iti"e'^avariation
under Clause24 which is beyond-tle limits uert.d il hil bi-iirru.-or the
Treasury'sInstructions,he shail obtain tir. said
fiior-ulproval of th6 retevaniauthoriries
of the Governmentin accordancewith ttre iaia Trtisury's insuucrions.
(b) The Contractorshall not be entitled to claim for any delay aud extension
of time or any No claim for
or exPenseor whatsoeverarising for co-mpliaicewith tle provislionsof thiq compliaDcc.
AtI1,:9:t
LOnOruon.

4. Scope of Contract
The Contractorshall upon and subjectto theseConditionsconsfuct and completethe Works Scopc of
shcwn upon.theContractDrawing;s ani descrifedbi;; r.f.;Jlo i" the Bills of euantjrie, CoqlBct
or Specificationand in the.Articiesof Agreemeutind theseConditit"r-ir i"*pu;il; "nal
therewith,
:tllt-Ti1.ti3l1, soods and worl:manship-of the quality and standardstherein specified.The
Lonractor shall also make good.any defect,.imperfecdon,shrilkage or any othei fault what-
soever which may aPpearduring the DefectsLiabiiity Periot in aicotaunce with Clause45 hereof.

5. S.O.'s Inskuctions
(") jl:.,S.O'
Tiy in his abs,rlute-discretionand from time to time issuefurther drawings,----"--
Dc'qition
9:qll, andi or written inr;tructions(ali of which are hereafter coilectively referred to ij
"S.O.'s instmctions")in n:gard to:
(i) the variation as referred to in Clause 24 hereof:
(ii)
.anydiscrepancyin or betweenthe Contract Documentsas referred.to in Clause 8 (D)
hereof;
(iii) the removalfrom tle Site of any materialsor goodsbrought thereonby the Contractor
-or
and the substitutionsof any oiher materials goods tEerefor;
(iv) the removaland/or re-executionof any works executedby the Contractor;
(v) 4e dismissalfrom the Works of aay pe$on qrentionedin Clause 22bereof.employed
thereupon;
(vi) the openingup for inspection of any work covered up;
(vii) the emssding aod rrraking good of any defectswhatsoeverunder Clause 45:
 (viii) any. matter-which is necessaryaud incidental to the carryiDg out arrd completioo
of the Works under this Coniract;
(ix) any matter in respectof which the S.O. is expressiyempo'wered by this Coatractto
issueiustructious.
Compliance
wirh S.O.'t
(D)fhe Contractorshail (srlbjectto sub-ciause (c) hereoflforthwith complywith all instructions
instructiont. iszuedto ltlt by the S.O.If within seven(7) daysafter receiptof a wiitren noricefrom the
S.O. requirtngcompliancewi.than instructionihe Contractord,Jesnot comply therewith,
then the S.O. without prejudiceto any other rights or remediesavailableto lhe Covern-
ment underthis Contractmay employand pay-otherpersonsto executeany work what.
soeverwhich.Pay 9e necessary to-giveeftecl6 such instructionand all cos'tsincurredin
connectionwith suchemp.loyment shall be recoverabiefrom tbe Contractorby the Covern-
ment or the S.O. on its behalf as a debt or may be deductedby the Govirnmentfrom
any moniesdue cr to becomedue to the contraitor under this cbntracr
.S.O.'r (c) All instructionsissued.bythe S.O.shallbe issuedin writing. Any instructionissuedorally
instructionr
to bc in shall be of no immediateeffect,but shall be confirmedii' wriiing by rhe Contractorto
wriling.
the S.O.within seven(7) daysafter receiptof the oral instructioi aioresaid.and if not
dissented from in writingby the S.O.to the Contractorwithin seven(7.)daysfrom receipt
of the Contractor'sconfirmationshall take effectas from the expirationof-the latter said
seven(7) days.Providedalwaysthat if the S.O. within seven(7) daysof givingsuch an
oral instructionshall himself confirm the same in writing. then-the Contrictor-shallnot
be obligedto confirm as aforesaid,and the said instruction shall ta-keeffectas from the
date of the S.O.'sconfirmation.
Claim for (d) If in compiiancewith the S.O.'sinstructionas aforesaidiuvolvesexpenseor loss beyond
compliaoce
wirh S.O.'r that ,reasonablycontempiatedby the Contractorfor which the Coniractorwould ndt be
instructioos. reimbursedby a. paymentmade under any other provision
-this in this Contract,then unless
the same were issued owing to some breach of Contract by the Contractor,the
' Contractorshall within one (l) month of receiptof such instruction,give noticein writing
of his intentionto claim for suchexpenseor loss to the S.O. togetherwjth an estinare
of the amotrntof such expenseand/or loss,subjectalways to Claluse48 (a) hereof.

6. Notices
The Contractor slhall notify the S.O. an address where written notices and instructions of the
S.O. under this Contract may be served upon him and shall inform the S.O. of any change in
his address. ln the event of the Contractoi failing to notify the S.O. of such an add-ressor any
change in his addrq;s, such written notices and instructions-shall be deemed to have been served
upog tfe Contractor if they are sent to him by registeredpost to tle address stated in this Contract
or if they are left art his office on the Site hnd-an acknowledgement receipt thereof is slteinsd
fron the Contractor's Site agenl

7. Contrsct Ilocunents
Currody ot (a) The Contract Documents as aforesaid shall remain in the custodv of the S.O. and sball
Conr18ct ue yrvuseeu
Documcntr.
ho n-n.1"^-.1
as
-.
and
^-l
when required
t',L-- -^^,,i-^l L,,.L^
by the /Contractor.
r^-+-^^.^-

Copic: ol (D)Immediately after the executionof this Contract the S.O. shall lurnish without charge to
Contract
Documcntr. the Contractor(uniesshe shall have beenpreviouslyfurnished)with:
(i) one ce.rtifiedtrue copy of the ContractDocuments;
(ii) two copiesof the ContractDrawings:and
(iii) two copies -of-the unpriced Biils of Quantities and (if requestedby the Contractor)
one copy of the priced Bills of Quantiries.
Copie: ol . (c) The S.O shail, as and when Decessary and without charge to the Contractor,furnish
PorkinB
orEwng3, him with two copies of such further' working drawingsbr details as are reasonably
necessary either to explain and amplify the Contract Drawings or the Specification (if any;
or to enable the Contractor to constructancl complete the Works in accordancewith
this Contract.Provided that nothing cotrtainedin the said working drawingsor derafu
shall imposeany obligationbeyond-thoseimposed by the Contract-Documeits.
Documcnu (d) The Contlqctor shall keep one copy of the Contract Drawings, the Specification(if any),
os Siro,
unpricedBills of Quantitiesand other like documentsreferredto in zub-ciause (c) hereof
on tbe Site and the S.O. shall at all reasonabletimes have accessto ttre same.
Rcrum of (e)Upon final p,aymenton the Final Certificateunder Clause 48 hereof the Contractorshall
oocum6u.
if so requestedby thg S.O.,forthwith reilrn to the S.O. all drawings,details,speci-fications,
unpricedcopy of Bills of Quantitiesand other documentsof like nature.
RBtrlctloD (f) None of the documentshereinbeforemeationed shall be used by the Costractor for any
la so.
purpose otber than this Contract
 8. Sufficiency of Contract Docrrments
(a) The Contract Documents are to be takeu as mutually explanatory of one another. The g:ll':.,,_.-
Contractor shail provirJe everything necessaryfor the proper .*.cuiion of the Works unril H:ilfi',:"
Its complettonaccordirrgto the true intent and meaning of the Contract Dccuments takea cxpho3torv
together whether the s;amemay or may not be particularly shown or described provided
the same is reasonabl,l inferred therefrom.
(b) If the Contractor shall find any discrepancyin or divergence between any two or more Discrcpucv.
of the Contract Docu:ments including i distrepancy or liuetgence between parts of any
one of t-hem,he shaii immediately give to th6 S.O. a writtei notice sper:ifying the Ois-
-thereto.
crepancy or divergence and the S.O. shail issue instructions in resard Provided
always that such discrepancy or divergenceshall not vitiate this 6ntract.

9 . Materials and Workmanship

(a) AII materials, goods and workmanship shali be oi the respective kiods and standards g:.1q:L:r
described in the Bills of euantities an'a/or Specification. The contractor shali upon the l"Ti!'".,ia.
request of the S.O. furnish him with voucheri and/or manufacturer's tesl certifi;ates 1o workmaasbiP
prove that the materi;rls and goods comply therewith.
(b) The Contractor shall entirely at his own cost provide samples of materials and goods
:.Tll.L
for testing.The Contractor siiaii when instructed.by the S.O. under Clause ji (a) (vi) iiereof H'"',':i.',j
open up f.or iaspectioia any
-work covered-up, _or ?r.r?ngg fo_r^or carry c,ut.any test .of il:.:;'fl.
any materials o-r goods or of any executed work which the S.O. may in writin! requrre
and the cost of such opening up or testing (together with the cost of uraking-gooil in
consequencethereoO shall-be added to the Contract Sum unless provided tor in the Bills
of Quantities by way of Provisional Sums or otlerwise or unleis the inspection or test
shows that the work, :materials or goods are aot in accordance with this bontracl

10. Unfixed Materials and Goods

Unfixed materials and goods delivered to, piaced on or adjacent to the Workr; and intended uanxca
for incorporation therein, shall not be remove-dexcept for use upon the Works, unless the S.O. n}'r:*'
-
has consented in writing to such removal. Where the S.O. has included the value of such materials
or goods in any certificate in accordance with Clause 47, under which the Contractor has received
p_ayment, such materials and goods shall become the properry of the Goyernment, but the
Coutractor shail remain responsible for loss or damage to tle same.

11. Stahrtory Obligations

(a) The Contractor shail g;ive ail notices and pay all fees and charges required to be given compriancc
rvr
r r paru
na id ru'uui
t-.1." an! wrjtten law, regulationi and bye-laws in relition t6 tbe executiJn of filf ,Il,jl'"
the Works or of any temporary works.
i"r..:,:ilt
(6) Any costs incurred b11 the Contractor ia relatiou to fees and charges for removal of cho,e.'to
sewerageand supply o1 water and electricity, for the installation of peinanent con:rections l;"T:X".$-
to public sewers and pi:rmanent water and electricity supply shall be borne by the Qsygss- meot.
menl Tbe Governmenl. shall reimburse the Contraltor'fbi such costs by adding it to the
- Contract Sum provided that such cost have not already been i:rcluded i:r tle Confract
Sum by way of Provisional Sum or otherwise.
(c) In addition, the Contr:rctor shall also comply in all other respects with the provision of rnocmity
any such written law, regulations and bye-laws which may be applicable tc, tbe Works or [o'f."*"*
to any temporary worlcs and shall keep the Government indemnified agaiast ali penalties
and liabiiities of every kind for breach of any such provisions.
(d) If after tbe Date of Tender (as specified in the Appendix hereto) there is any change or changc.ia
amendment in any such written-law, reguiations'ind bye-laws'which n:ceisitateJany :,:."""t'*
varialion to the Works or any temporary works, the Contractor shall before xnsking such
varialion give to the S.tf,. written notice specifyingand giving tbe reason for such variation
and apply for an S.O.'s instruction in reterencethereto.

L2. Fossils etc.

All fossiis, coins, articles of value or antiquities and structures and other remains or things of Fo..;r.c1..
geologioal or archaeologicalinterest discoveredon the Site of the Works shall be deemed to be the
absolute property of the Govr:rament and the Contractor shall take reasonabie precautions to
prevent his workmen or any other personsfrom removing or damaging any such articles or thiug
and shall, immediately upon cliscovery thereof aod before removal, acquaint the' S.O. or S.O.'s
Representative of suci discovr:ry and carry out, at the expense of the Government, the S.O.'s
orders as to the disposal of thr: s:me.
 13. Patent Rights and Royalties-
Patent The Contractor shali save harmless aDd indemaify the Government from and against ail claims
nghts ano
rcyaltics, and proceedingsfor or on account of infringemeDt of auy patent righs, design, trademark or Dame
or other protected rights in respect of any piant, machine work or material used for or io
conneclion with the Works or any of them and from and against all ciaims, demands, proceedings,
damages, costs, chargesand expenseswhatsoever in respect thereof or in relation ttrereto. Except
where otherwise specified,the Contractor shall pay all tbnnage and other rcyalties, rent, fees and
other payments or compensation (if any) for getting stone, sand, gravel, clay or otber materials
required for the Works or any of them.

14. Setting Out

Sctti.og out. The S.O. shail deterrrine any levels, boundary stone and any other points cf ref;;ccce v'hich
may be required for the executibn of the Works, and shail fumiih to the Contractor such informa-
tion as shail enable the Contractor to set out tbe Works at ground level. The Contractor shall be
respousible for and srhallentirely at his own cos! amend any errors arising from his own inaccurate
setnDg oul

15. fnspection of Site

hspcctioo of The Contractor shall be deemed to have inspected and examined the Site aDd its surrouDdings
and to have satisfied himself before submitti-ughis tender as to the nature of the ground and sub-
soil, the form and nature of the Site, the extetrt ind nature of the work, materials andgoods necessary
for the completion of the Works, the means of communication with and access to the Site, the
accommodation he may require and in general to have obtained for himseif all necessaryinforma-
tion as to risks conthlgenciesand all circrrmstanceinfluencing and aftecting his tender. Any informa-
tion or document given or forwarded by the Government to the Contractor shall not relieve the
Contractor of his obligations under the provisions of this Clause. The Government gives no
warranty for the infcrmation or document either as to the accuracy or sumcieucy or as to how
the same should be .interpretedor otherwise howsocver and the Contractor shall make use of and
interpret t}re same eotirely on his own risk.

16. Employment of Workmen

Malaysio (a) The Contracttorshall employ in the execution of this Contract oniy Malaysian citizens as
cirizcB.
workmen. If in any partiCular trade or skill required to complete ttre Works, the Conlractor
can show to the satisfaction of the S.O. that Malaysian citizens are not available. then the
Coutractor may employ non-Malaysiaa citizens subject to the apprroval of the Ministry of
l,abour and Manpower.
Ratio ol (b) The ratio of Malaysian citizens who shall be employed by the Contractor in the execution
worLsa.
of this Confact shall reflect the racial ratio of ttre citizens of this country as prescribed
by the Gove,rnment from time to time. This ratio can be varied only with the written
consent of the S.O.
Paniculaa (c) The Contractor shall on the commencement of the Works furnish to the Department of
of labour. Labour of tire State in which this Contract is performed all particulars connected with
this Contract and such retunls as may be called for from time to time in respect of labour
employed by him on the execution of this Contract, in accordance with the requirementf
of the Empioyment Ordinance 1955, Emplolrnent (Restriction) Act 1968, and Internal
Securiry @egistration of Labour) Regulation 1960 or any subsequent modification or
re-enacttrrent thereof. The Contractor shall maintain on the Site at all times during the
progress of the Works an up to date register gsatzining particulars of ail workers
emPloYedbY him'
Soum ol (d) All workmen empioyed in connection with the Works shall be ernployed from within the
labow.
District where the Works are situated and where such workmen are not available in the
said District, then from within the State where the Works are siruated. The Contractor
shail immedi.atelyafter receipt of acceptance of tender arratrge with the Local Labour
Office, Distrir:t Officer/Pegawai Jajahan or Penghulu/Penggawato effect such employmenL
This provisio'n may be varied only with the written consent of the S.O.
On-Sito (e) The Contractor shall, whenever required by the Goverument, employ on the Works trainees
Training
Programme who will be made availabie by the Manpower Department, Ministry of Labour and
Manpower, for purpose of providing them with on the Site training for such period as
may be required by the Government. The conditions for the employment of such traineesare
as set ouf iq the Special Provisious to the Conditions of Contract for Ou-Site Trainilg
Programme.
Compliasc
by.!rt'-
-- The Contractor shall cause his sub-contractors (including ."iabour-o!iy" sub-contractors)
0)
@D6C!OE and Nominarted Sub-contractors to compiy with the provisions of this Coudition,