Project Administration Handbook for Civil Engineering Works 2012 Edition

Go to Table of Content
CHAPTER 5

CONTRACT DOCUMENTS

The parts of the PAH shown in blue and bold

should only be updated by Works Branch of
Development Bureau.

>>>
Go to Table of Content
Rev Issue Date Amendment Incorporated
First Issue November 2012 NA
1 27 August 2013 Amendment No. 3/2013

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 1
Project Administration Handbook for Civil Engineering Works 2012 Edition

SYNOPSIS

This Chapter provides a handy reference to the various standard documents, forms
and information that are regularly used in the preparation of contract documents for civil
engineering works. In some cases, standard forms and exact wording to be included in
contract documents are reproduced in the Chapter. However, where a printed version of a
standard document is available or where the information is contained in a well-known
document, the Chapter makes reference to such documents or source rather than reproducing

Go to Table of Content
them. Standard documents referred to in this Chapter should be of the latest editions of the
General Conditions of Contract for Civil Engineering Works, Standard Method of
Measurement for Civil Engineering Works, General Specification for Civil Engineering
Works, Sub-contract Articles of Agreement and Conditions for Civil Engineering Works,
Contractor Management Handbook and Construction Site Safety Manual. The information
in this Chapter would also be useful in the preparation of documents for term contracts.

A contract for civil engineering construction is a very complex legal document

containing several inter-related documents each of which plays an important role in defining
the obligations and responsibilities of the parties concerned or in providing information on

>>>
the works to be constructed. It is therefore essential that the contract documents for each
contract are prepared with great care and by an experienced professional who has thorough
knowledge of the works to be constructed. The documents forming a contract must be

Go to Table of Content
scrutinized for comprehensive coverage, accuracy and consistency with one another before
tenders are invited.

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 2
Project Administration Handbook for Civil Engineering Works 2012 Edition

CONTENTS

SYNOPSIS ................................................................................................................................. 2
CONTENTS ............................................................................................................................... 3
I. ABBREVIATION........................................................................................................ 11
II. GLOSSARY OF TERMS ............................................................................................ 14
1. GENERAL ................................................................................................................... 15

Go to Table of Content
1.1 SELECTION OF TYPE OF CONTRACT ...................................................... 15
1.2 COMPOSITION OF TENDER AND CONTRACT DOCUMENTS ............. 15
1.3 CONSISTENCY AMONGST DOCUMENTS ............................................... 16
1.4 COMMENTS ON DOCUMENTS BY CONTRACT ADVISERS................. 16
1.5 LEGAL VETTING OF TENDER DOCUMENTS ......................................... 17
1.5.1 Contracts Estimated to Exceed $300M.............................................. 17
1.5.2 Design and Build Contract................................................................. 18
2. CONDITIONS OF TENDER ...................................................................................... 19

>>>
2.1 GENERAL CONDITIONS OF TENDER....................................................... 19
2.2 SPECIAL CONDITIONS OF TENDER ......................................................... 19

Go to Table of Content
3. FORM OF TENDER AND SCHEDULE OF PROPORTIONS ................................. 20
3.1 STANDARD FORM OF TENDER................................................................. 20
3.2 SCHEDULE OF PROPORTIONS .................................................................. 20
3.3 LIQUIDATED DAMAGES ............................................................................ 20
3.3.1 General Principle ............................................................................... 20
3.3.2 Calculation of Liquidated Damages .................................................. 21
3.3.3 Special Damages ................................................................................ 21
3.3.4 Minimum Amount of Liquidated Damages ....................................... 22
3.3.5 Lowering the Daily Rate of LD's ....................................................... 23

>>>
3.3.6 LD's in the Tender Documentation .................................................... 23
3.3.7 Independent Check ............................................................................ 24
3.3.8 Check Before Tender Invitation ........................................................ 24

Go to Table of Conten
3.3.9 Keep In View During the Tender Period ........................................... 24
3.3.10 Check before the Issue of the Letter of Acceptance .......................... 24
3.3.11 Record ................................................................................................ 25
4. ARTICLES OF AGREEMENT................................................................................... 26
5. CONDITIONS OF CONTRACT ................................................................................ 27
5.1 GENERAL CONDITIONS OF CONTRACT ................................................. 27
5.2 SPECIAL CONDITIONS OF CONTRACT ................................................... 27
5.2.1 General Consideration ....................................................................... 27
5.2.2 Library of Standard Special Conditions of Contract ......................... 28
5.2.3 Approval of Special Conditions of Contract ..................................... 28
6. SPECIFICATION ........................................................................................................ 29
6.1 GENERAL SPECIFICATION ........................................................................ 29
6.2 PARTICULAR SPECIFICATION .................................................................. 29

Chapter 5 (Rev. 1) 3
Project Administration Handbook for Civil Engineering Works 2012 Edition

6.3 SPECIFICATION REGARDING CONTRACT PRELIMINARIES

AND EQUIPMENT ......................................................................................... 33
6.3.1 General Principles .............................................................................. 33
6.3.2 Specification regarding Contract Preliminaries ................................. 34
7. BILLS OF QUANTITIES............................................................................................ 36
7.1 GENERAL ....................................................................................................... 36
7.2 PREPARATION OF BILLS OF QUANTITIES ............................................. 37
7.3 PREAMBLES TO THE BQ ............................................................................ 37

Go to Table of Content
7.4 PROVISIONAL ITEM .................................................................................... 38
7.4.1 Provisional Items ............................................................................... 38
7.4.2 Provisional Quantities under a Lump Sum Contract with Firm
BQ ...................................................................................................... 38
7.5 PROVISIONAL SUM/CONTINGENCY SUM/PRIME COST SUM ........... 38
7.6 NOT USED ...................................................................................................... 39
7.7 SITE CLEANLINESS AND TIDINESS ......................................................... 39
7.8 SITE SAFETY AND ENVIRONMENTAL MANAGEMENT ...................... 39
7.8.1 Pay for Safety and Environment Scheme (PFSES) ........................... 39

>>>
7.8.2 Site Safety Cycle (SSC) ..................................................................... 39
7.8.3 Management of Contaminated Soil ................................................... 40
7.8.4 Welfare Facilities for Workers .......................................................... 40

Go to Table of Content
7.9 TRIP TICKET SYSTEM ................................................................................. 40
7.10 PRESEVATION AND PROTECTION OF PRESERVED TREES &
OLD & VALUABLE TREES ......................................................................... 40
7.11 MEASUREMENT PROCEDURES ................................................................ 40
7.12 PAY FOR MONITORING PAYMENT OF WAGES .................................... 41
8. DRAWINGS ................................................................................................................ 42
8.1 DRAWINGS INCLUDED WITH TENDER DOCUMENT........................... 42
8.2 DRAWINGS NOT INCLUDED WITH TENDER DOCUMENTS ............... 42

>>>
8.3 DRAWINGS NOT FORMING PART OF THE CONTRACT....................... 42
8.4 ELECTRONIC DRAWINGS .......................................................................... 42

Go to Table of Conten
9. SPECIAL TOPICS....................................................................................................... 44
9.1 MULTI-CONTRACT AND SINGLE CONTRACT ARRANGEMENTS ..... 44
9.2 COMPLETION IN SECTIONS ...................................................................... 45
9.3 CONTRACTOR’S DESIGNS AND ALTERNATIVE DESIGNS ................. 45
9.3.1 Pre-contract Stage .............................................................................. 45
9.3.2 Contract Stage .................................................................................... 46
9.4 CONSTRUCTION RELATED INSURANCE................................................ 46
9.4.1 Care of the Works Insurance and Third Party Liability
Insurance ............................................................................................ 46
9.4.2 Professional Indemnity Insurance (PII) ............................................. 49
9.4.3 Insurance for works within or adjacent to Railway ........................... 49
9.4.4 Provision of BQ items for construction related insurance ................. 50
9.5 CONTRACTOR’S SUPERINTENDENCE .................................................... 50
9.6 CONTRACT TRANSPORT............................................................................ 50
9.7 MATERIALS TESTING ARRANGEMENT ................................................. 51

Chapter 5 (Rev. 1) 4
Project Administration Handbook for Civil Engineering Works 2012 Edition

9.7.1 General Considerations ...................................................................... 51

9.7.2 Provision of Testing Equipment ........................................................ 51
9.8 SUPPLY OF MATERIALS BY GOVERNMENT ......................................... 52
9.9 SUB-CONTRACTS FOR SPECIALIST WORKS ......................................... 52
9.10 DISPOSAL OF EXCAVATED MATERIALS ............................................... 53
9.11 CONTRACT MEASURES TO PREVENT NON-PAYMENT OF
WAGES ........................................................................................................... 54
9.12 SITE CRUSHERS ........................................................................................... 55

Go to Table of Content
9.12.1 Policy for Setting up Site Crushers .................................................... 55
9.12.2 Procedures.......................................................................................... 55
9.12.3 Crushed Rock and Recycled Products Produced by Site
Crushers for Project Use .................................................................... 55
9.12.4 Regulating Conditions ....................................................................... 55
9.13 RESOLUTION OF DISPUTES BY MEDIATION / ADJUDICATION /
ARBITRATION .............................................................................................. 56
9.14 COMPUTER FACILITIES FOR WORKS CONTRACTS ............................ 57
9.15 SITE SAFETY AND ENVIRONMENTAL MANAGEMENT ...................... 57

>>>
9.16 SECTIONAL COMMENCEMENT OF THE WORKS.................................. 58
9.16.1 General ............................................................................................... 59
9.16.2 Procedures.......................................................................................... 59

Go to Table of Content
9.17 ENVIRONMENTAL PERMIT ....................................................................... 59
9.18 DELETION OF EXTENSIONS OF TIME FOR INCLEMENT
WEATHER ...................................................................................................... 60
9.19 TIME-CRITICAL PROJECTS ........................................................................ 61
9.20 CONTRACTS AFFECTED BY CONDITIONS OF LAND GRANT............ 61
9.21 CONTRACTUAL PROVISIONS TO REDUCE THE RISK OF
CONTRACT FORFEITURE ........................................................................... 61
9.22 RESTRICTED-HOUR LOCATIONS ............................................................. 62

>>>
9.23 ADDITIONAL WORKS AREA AND EXTENSION OF WORKS
AREA............................................................................................................... 62
9.24 TUNNEL WORKS .......................................................................................... 62

Go to Table of Conten
9.25 PERMITS FOR EXCAVATION WORKS UNDER LAND
(MISCELLANEOUS PROVISIONS) ORDINANCE CAP.28....................... 62
9.26 MEASURES TO PREVENT ILLEGAL EXTRACTION OR
IMPORTATION OF BOULDERS/COBBLES/PEBBLES ............................ 63
9.27 ADOPTION OF NON-CONTRACTUAL PARTNERING IN PUBLIC
WORKS CONTRACTS .................................................................................. 63
9.27.1 Guidelines for selection of contracts for adoption of
non-contractual partnering ................................................................. 63
9.28 CONTROL OF OFF-SITE FABRICATIOIN OF CONSTRUCTION
COMPONENTS .............................................................................................. 64
9.29 SAFETY PRECAUTIONARY MEASURES RELATING TO
EXTRACTION OF SAND FROM SEABED WITH POTENTIAL
PRESENCE OF UNEXPLODED ORDNANCE ............................................ 65
9.30 DRAINAGE IMPACT ASSESSMENT PROCESS FOR PUBLIC
SECTOR PROJECTS ...................................................................................... 65

Chapter 5 (Rev. 1) 5
Project Administration Handbook for Civil Engineering Works 2012 Edition

9.31 ENGAGEMENT OF SUB-CONTRACTORS REGISTERED FROM

SUB-CONTRACTOR REGISTRATION SCHEME Amendment No. 3/2013 ........... 66
9.32 CONTRACT MEASURES TO LIMIT THE NUMBER OF TIERS OF
SUB-CONTRACTING .................................................................................... 66
9.33 ENHANCEMENT MEASURES FOR SUB-CONTRACTOR
MANAGEMENT PLAN (SMP)...................................................................... 67
9.34 CONTRACT MEASURES FOR IMPLEMENTATION OF
EMERGENCY COMMAND SYSTEM.......................................................... 68

Go to Table of Content
9.35 INDEPENDENT CHECKING OF THE DESIGN, ERECTION, USE
AND REMOVAL OF TEMPORARY WORKS ............................................. 68
9.36 QUALITY MANAGEMENT SYSTEM CERTIFICATION OF
CONTRACTORS FOR PUBLIC WORKS ADMINISTERED BY THE
WORKS GROUP OF DEPARTMENTS ........................................................ 70
9.37 USE OF RECYCLED AGGREGATES IN CONCRETE
PRODUCTION AND IN ROAD SUB-BASE CONSTRUCTION ................ 71
9.38 METALLIC SITE HOARDINGS AND SIGNBOARDS ............................... 71
9.39 EMPLOYMENT OF TECHNICIAN APPRENTICES AND BUILDING

>>>
& CIVIL ENGINEERING GRADUATES BY CONTRACTORS OF
PUBLIC WORKS CONTRACTS ................................................................... 72
9.39.1 Technician Apprentices ..................................................................... 72

Go to Table of Content
9.39.2 Building and Civil Engineering Graduates ........................................ 72
9.39.3 Implementation .................................................................................. 73
9.40 SPECIAL CONDITIONS OF CONTRACT FOR USE IN MEGA
PROJECT CONTRACTS ................................................................................ 73
9.41 SECTIONS SUBJECT TO EXCISION ............................................................ 75
9.42 ANTI-COLLUSION ........................................................................................ 76
9.43 FINANCIAL RELIEF MEASURES TO ASSIST THE
CONSTRUCTION INDUSTRY ..................................................................... 77
9.43.1 Interim Payment................................................................................. 77

>>>
9.43.2 Retention Money ............................................................................... 77
9.43.3 Payment Level for Term Contracts.................................................... 78
9.44 EMPLOYER’S POWER TO REDUCE THE AMOUNT OF THE

Go to Table of Conten
CONTINGENCY SUM PRIOR TO AWARD OF CONTRACT ................... 78
9.45 PROVISION OF UNIFORM FOR PERSONNEL WORKING ON
PUBLIC WORKS SITES ................................................................................ 80
9.45.1 Purpose .............................................................................................. 80
9.45.2 Policy ................................................................................................. 80
9.45.3 Design and Provision of Uniform ...................................................... 81
9.45.4 Provision of Associated Facilities ..................................................... 81
9.45.5 Payment and Control ......................................................................... 81
9.45.6 Grace Period ...................................................................................... 82
9.45.7 Implementation Guidelines ................................................................ 83
9.46 IMPLEMENTATION OF CONTRACTOR COOPERATIVE
TRAINING SCHEME (CCTS) IN PUBLIC WORKS CONTRACTS........... 83
9.46.1 Purpose .............................................................................................. 83
9.46.2 The CCTS .......................................................................................... 83
9.46.3 Selection of Contracts ........................................................................ 83
9.46.4 Notes to Tenderers and Special Conditions of Contract .................... 84

Chapter 5 (Rev. 1) 6
Project Administration Handbook for Civil Engineering Works 2012 Edition

9.46.5 Implementation Guidelines ................................................................ 85

10. LUMP SUM CONTRACTS WITH FIRM BILLS OF QUANTITIES ....................... 86
11. MISCELLANEOUS .................................................................................................... 88
11.1 CONTRACT NUMBER .................................................................................. 88
11.2 NOTES TO TENDERERS .............................................................................. 88
11.3 BINDING OF TENDER DOCUMENTS ........................................................ 88
11.4 ELECTRONIC DISSEMINATION OF TENDER DOCUMENTS .................. 88

Go to Table of Content
11.5 REPRESENTATIONS AT PRE-CONTRACT STAGE ................................. 89
11.6 DECLARATION AND UNDERTAKING BY OFFICERS INVOLVED
IN PREPARING TENDER DOCUMENTATION INCLUDING
TENDER SPECIFICATIONS ......................................................................... 90
12. REFERENCES ............................................................................................................ 91
APPENDICES ......................................................................................................................... 96
APPENDIX 5.1 FORM OF TENDER .................................................................. 97
APPENDIX 5.2 GUIDELINES FOR COMPLETING THE FORM OF
TENDER ................................................................................... 105

>>>
APPENDIX 5.3 SCHEDULE OF PROPORTIONS ........................................... 108
APPENDIX 5.4 GUIDELINES FOR PREPARING THE SCHEDULE
OFPROPORTIONS .................................................................. 110

Go to Table of Content
APPENDIX 5.5 FORMAT OF THE GRAND SUMMARY TO THE BILLS
OF QUANTITIES..................................................................... 111
APPENDIX 5.6 NOTE TO TENDERERS AND SPECIAL CONDITION
OF CONTRACT FOR ENGAGEMENT OF
SUB-CONTRACTORS REGISTERED FROM
SUB-CONTRACTOR REGISTRATION SCHEME
Amendment No. 3/2013......................................................................... 113
APPENDIX 5.7 UNDERTAKINGS BY CONTRACTOR ON THE USE
OF GOVERNMENT DIGITAL MAP DATA ......................... 116
APPENDIX 5.8 CHECK-LIST FOR TENDERS DEPOSITED IN THE

>>>
*GOVERNMENT SECRETARIAT TENDER BOX /
*PUBLIC WORKS TENDER BOX......................................... 117
APPENDIX 5.9 CONTROL OF ALKALI SILICA REACTION IN

Go to Table of Conten
CONCRETE ............................................................................. 119
APPENDIX 5.10 CONFIRMATION BY CONTRACTOR ON CESSATION
OF THE USE OF GOVERNMENT DIGITAL MAP
DATA ....................................................................................... 121
APPENDIX 5.11 PARTICULAR SPECIFICATION FOR INDEPENDENT
CHECKING OF THE DESIGN, ERECTION, USE AND
REMOVAL OF TEMPORARY WORKS ............................... 122
APPENDIX 5.12 PRACTICE NOTE FOR THE USE OF LUMP SUM
BILLS OF QUANTITIES CONTRACTS FOR CIVIL
ENGINEERING WORKS ........................................................ 123
APPENDIX 5.13 AMENDMENTS TO THE STANDARD METHOD OF
MEASUREMENT FOR CIVIL ENGINEERING WORKS
(1992 EDITION)....................................................................... 128
APPENDIX 5.14 CONTRACT MEASURES TO PREVENT
NON-PAYMENT OF WAGES (FOR
Project Administration Handbook for Civil Engineering Works 2012 Edition

CONSULTANT-ADMINISTERED CAPITAL WORKS

CONTRACTS) ......................................................................... 129
APPENDIX 5.15 CONTRACT MEASURES TO PREVENT
NON-PAYMENT OF WAGES (FOR IN-HOUSE
CAPITAL WORKS CONTRACTS) ......................................... 161
APPENDIX 5.16 SPECIMEN EMPLOYMENT CONTRACT ........................... 200
APPENDIX 5.17 STANDARD INSURANCE POLICY FOR THE
SELF-EMPLOYED .................................................................. 211
APPENDIX 5.18 (NOT USED) ............................................................................ 220

Go to Table of Content
APPENDIX 5.19 CONTRACT MEASURES TO LIMIT THE NUMBER OF
TIERS OF SUB-CONTRACTING .......................................... 221
APPENDIX 5.20 ILLUSTRATION DIAGRAM ON MAXIMUM NUMBER
OF TIERS OF SUB-CONTRACTING ALLOWED................ 223
APPENDIX 5.21 (NOT USED) ............................................................................ 224
APPENDIX 5.22 NOTES TO TENDERERS FOR PAYMENT FOR
SUB-CONTRACTOR MANAGEMENT PLAN ..................... 225
APPENDIX 5.23 SPECIAL CONDITIONS OF CONTRACT FOR
MANAGEMENT OF SUB-CONTRACTORS ........................ 226
APPENDIX 5.24 SPECIAL CONDITIONS OF CONTRACT FOR

>>>
PAYMENT FOR SUB-CONTRACTOR MANAGEMENT
PLAN ........................................................................................ 231
APPENDIX 5.25 PARTICULAR SPECIFICATION FOR MANAGEMENT

Go to Table of Content
OF SUB-CONTRACTORS ...................................................... 232
APPENDIX 5.26 METHOD OF MEASUREMENT FOR PAYMENT FOR
SUB-CONTRACTOR MANAGEMENT PLAN ..................... 233
APPENDIX 5.27 SAMPLE BILLS OF QUANTITIES FOR PAYMENT
FOR SUB-CONTRACTOR MANAGEMENT PLAN ............ 235
APPENDIX 5.28 PRACTICE NOTE ON ADOPTION OF
NON-CONTRACTUAL PARTNERING IN PUBLIC
WORKS CONTRACTS ........................................................... 236
APPENDIX 5.29 CONTRACT PROVISIONS – REVISED APPENDICES
E, F & G OF WBTC NO. 13/2001 AND REVISED

>>>
APPENDIX I OF ETWB TCW NO. 13/2001A ....................... 256
APPENDIX 5.30 PARTICULAR SPECIFICATIONS TO FACILITATE THE
USE OF RECYCLED AGGREGATES IN CONCRETE

Go to Table of Conten
PRODUCTION ......................................................................... 261
APPENDIX 5.31 GENERAL GUIDELINES ON SITE PRACTICE FOR
BUILDING AND CIVIL ENGINEERING GRADUATES .... 266
APPENDIX 5.32 CONTRACT MEASURES FOR TECHNICIAN
APPRENTICES AND BUILDING & CIVIL
ENGINEERING GRADUATES .............................................. 267
APPENDIX 5.33 GCT 4 - SUBMISSION OF TENDER (FORMULA
APPROACH AND MARKING SCHEME) ............................. 269
APPENDIX 5.34 EMPIRICAL FORMULAE FOR CALCULATION OF
LIQUIDATED DAMAGES ..................................................... 275
APPENDIX 5.35 GUIDELINES ON CALCULATION OF LIQUIDATED
DAMAGES ............................................................................... 277
APPENDIX 5.36 SPECIAL CONDITIONS OF CONTRACT FOR USE IN
MEGA PROJECT CONTRACTS ............................................ 281
APPENDIX 5.37 SPECIAL CONDITIONS OF TENDER FOR USE IN
MEGA PROJECT CONTRACTS ............................................ 324

Chapter 5 (Rev. 1) 8
Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.38 GUIDELINES FOR THE DEVELOPMENT OF MAJOR

INFRASTRUCTURE PROJECTS ........................................... 325
APPENDIX 5.39 SCC ON SECTION SUBJECT TO EXCISION (FOR USE
WITH GENERAL CONDITIONS OF CONTRACT FOR
CIVIL ENGINEERING WORKS 1999 EDITION) ................. 333
APPENDIX 5.40 SCC ON SECTION SUBJECT TO EXCISION (FOR USE
WITH GENERAL CONDITIONS OF CONTRACT FOR
DESIGN AND BUILD CONTRACTS 1999 EDITION)......... 335
APPENDIX 5.41 NTT ON SECTION SUBJECT TO EXCISION ...................... 337

Go to Table of Content
APPENDIX 5.42 NTT ON ANTI-COLLUSION ................................................. 338
APPENDIX 5.43 GCT 1 ON DEFINITIONS ....................................................... 339
APPENDIX 5.44 GCT 25 ON SUBMISSION OF FURTHER
INFORMATION ...................................................................... 340
APPENDIX 5.45 GCT 26 ON ANTI-COLLUSION ............................................ 341
APPENDIX 5.46 SCC ON BOND FOR OFF-SITE MANUFACTURES OF
MAJOR PREFABRICATION ITEM(S) .................................. 344
APPENDIX 5.47 SCC ON RELEASE OF RETENTION MONEY (FOR
USE IN CONJUNCTION WITH GCCS FOR BUILDING
WORKS, CIVIL ENGINEERING WORKS, DESIGN

>>>
AND BUILD CONTRACTS AND ELECTRICAL AND
MECHANICAL ENGINEERING WORKS, 1999
EDITIONS) ............................................................................... 356

Go to Table of Content
APPENDIX 5.48 SAMPLE PARTICULAR SPECIFICATION FOR
MECHANICAL DUMP TRUCK COVERS ............................ 360
APPENDIX 5.49 NTT ON MECHANICAL DUMP TRUCK COVERS ............ 362
APPENDIX 5.50 TENDER PROVISION (NON-D&B CONTRACTS) ON
EMPLOYER’S POWER TO REDUCE THE AMOUNT
OF THE CONTINGENCY SUM PRIOR TO AWARD OF
CONTRACT ............................................................................. 363
APPENDIX 5.51 SAMPLE LETTER FOR NOTIFICATION OF
REDUCTION OF CONTINGENCY SUM .............................. 370
APPENDIX 5.52 TENDER PROVISION (D&B CONTRACTS) ON

>>>
EMPLOYER’S POWER TO REDUCE THE AMOUNT
OF THE CONTINGENCY SUM PRIOR TO AWARD OF
CONTRACT ............................................................................. 372

Go to Table of Conten
APPENDIX 5.53 REQUIREMENTS OF STANDARD UNIFORM SET ........... 374
APPENDIX 5.54 SPECIAL CONDITIONS OF CONTRACT FOR
PROVISION OF UNIFORM FOR CAPITAL WORKS
CONTRACTS TO BE USED FOR CONTRACTS TO BE
TENDERED AFTER 22 MAY 2012 AND WITH
ANTICIPATED COMMENCEMENT DATE ON OR
BEFORE 22 MAY 2013 ........................................................... 376
APPENDIX 5.55 SPECIAL CONDITIONS OF CONTRACT FOR
PROVISION OF UNIFORM FOR CAPITAL WORKS
CONTRACTS TO BE USED FOR CONTRACTS WITH
ANTICIPATED COMMENCEMENT DATE AFTER 22
MAY 2013 ................................................................................ 381
APPENDIX 5.56 PARTICULAR SPECIFICATION FOR UNIFORM AND
ASSOCIATED FACILITIES FOR CAPITAL WORKS
CONTRACTS TO BE USED FOR CONTRACTS TO BE
TENDERED AFTER 22 MAY 2012 ....................................... 385

Chapter 5 (Rev. 1) 9
Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.57 PARTICULAR PREAMBLES TO AMEND THE

METHOD OF MEASUREMENT FOR UNIFORM AND
ASSOCIATED FACILITIES (FOR CAPITAL WORKS
CONTRACTS) ......................................................................... 397
APPENDIX 5.58 BILLS OF QUANTITIES FOR PROVISION OF
UNIFORM AND ASSOCIATED FACILITIES ...................... 400
APPENDIX 5.59 NOTE TO TENDERERS FOR PROVISION OF
UNIFORM ................................................................................ 402
APPENDIX 5.60 SPECIAL CONDITIONS OF CONTRACT FOR

Go to Table of Content
PROVISION OF UNIFORM FOR TERM CONTRACTS
TO BE USED FOR CONTRACTS TO BE TENDERED
AFTER 22 MAY 2012 AND WITH ANTICIPATED
COMMENCEMENT DATE ON OR BEFORE 22 MAY
2013 .......................................................................................... 403
APPENDIX 5.61 SPECIAL CONDITIONS OF CONTRACT FOR
PROVISION OF UNIFORM FOR TERM CONTRACTS
TO BE USED FOR CONTRACTS WITH ANTICIPATED
COMMENCEMENT DATE AFTER 22 MAY 2013 .............. 408
APPENDIX 5.62 PARTICULAR SPECIFICATION FOR UNIFORM AND

>>>
ASSOCIATED FACILITIES* FOR TERM CONTRACTS
TO BE USED FOR CONTRACTS TO BE TENDERED
AFTER 22 MAY 2012 ............................................................. 412

Go to Table of Content
APPENDIX 5.63 METHOD OF MEASUREMENT FOR PROVISION OF
UNIFORM (FOR TERM CONTRACTS)................................ 424
APPENDIX 5.64 SCHEDULE OF RATES FOR PROVISION OF
UNIFORM ................................................................................ 428
APPENDIX 5.65 APPENDIX TO FORM OF TENDER FOR PROVISION
OF UNIFORM (FOR TERM CONTRACTS).......................... 430
APPENDIX 5.66 IMPLEMENTATION GUIDELINES FOR PROVISION
OF UNIFORM .......................................................................... 431
APPENDIX 5.67 CONTRACT PROVISIONS TO MANDATE
CONTRACTOR’S PARTICIPATION IN THE

>>>
CONTRACTOR COOPERATIVE TRAINING SCHEME
(CCTS) ...................................................................................... 433

Go to Table of Conten

Chapter 5 (Rev. 1) 10
Project Administration Handbook for Civil Engineering Works 2012 Edition

I. ABBREVIATION

I.01 The meaning of the abbreviations assigned in this Chapter of the Project
Administration Handbook for Civil Engineering Works shall only apply to this
Chapter.

I.02 The following list shows the meaning of the abbreviations for the common terms used
in this Chapter of the Project Administration Handbook for Civil Engineering Works

Go to Table of Content
Abbreviation Term
AAR Alkali-Aggregate Reaction
BQ Bills of Quantities
CCC Conditions of Contract Committee
CCGO Central Cyber Government Office
CCIP Contractor Controlled Insurance Programme
CEDD Civil Engineering and Development Department

>>>
CPFS Contract Price Fluctuation System
C&D Construction and Demolition
DCED Director of Civil Engineering and Development

Go to Table of Content
DEVB Development Bureau
DEVB TCW No. DEVB Technical Circular (Works) No.
DLO District Lands Office
DRA Dispute Resolution Adviser
EDP Electronic Dissemination Package
EIA Environmental Impact Assessment
E&M Electrical and Mechanical
EMSD Electrical and Mechanical Services Department

>>>
EP Environmental Permit
EPD Environmental Protection Department

Go to Table of Conten
ER Employer’s Requirements
ETWB Environment, Transport and Works Bureau
ETWB TCW No. ETWB Technical Circular (Works) No.
FoT Form of Tender
FC No. Financial Circular No.
GCC General Conditions of Contract for Civil Engineering
Works (1999 Edition)
CGE/S&T Chief Geotechnical Engineer/Standards and Testing
GCT General Conditions of Tender
GEO Geotechnical Engineering Office
GS General Specification for Civil Engineering Works (2006
Edition)
HATS Habour Area Treatment Scheme
HIA Hazard Identification Activity

Chapter 5 (Rev. 1) 11
Project Administration Handbook for Civil Engineering Works 2012 Edition

Abbreviation Term
HyD Highways Department
LAD(Works)/DEVB Legal Advisory Division (Works) of Development Bureau
LandsD Lands Department
LD’s Liquidated Damages
LWBTC No. Lands and Works Branch Technical Circular No.
MM Method of Measurement
NTT Notes to Tenderers

Go to Table of Content
OCIP Owner Controlled Insurance Programme
OGCIO Office of the Government Chief Information Officer
PAH Project Administration Handbook for Civil Engineering
Works
PES Pre-work Exercise and Safety
PFC Public Fill Committee
PPF Price Fluctuation Factor
PFSES Pay for Safety and Environment Scheme

>>>
PFSS Pay for Safety Scheme
PII Professional Indemnity Insurance

Go to Table of Content
PRC People’s Republic of China
PP Particular Preamble
PS Particular Specifications
PWP Public Works Programme
PWL Public Works Laboratory
QPME Quality Powered Mechanical Equipment
SCC Special Conditions of Contract
SCCT Standing Committee on Concrete Technology

>>>
SCT Special Conditions of Tender
SDEV Secretary for Development
SETW Secretary for Environment, Transport and Works

Go to Table of Conten
SFST Secretary for Financial Services and the Treasury
S for W Secretary for Works
SMM Standard Method of Measurement for Civil Engineering
Works (1992 Edition)
SMP Sub-contractor Management Plan
SoR Schedule of Rates
SPID Standard Phraseology of [Bill of Quantities] Item
Descriptions
SPR Stores and Procurement Regulations
SRM Systematic Risk Management
SSC Site Safety Cycle
WBTC No. Works Bureau Technical Circular No. or Works Branch
Technical Circular No.

Chapter 5 (Rev. 1) 12
Project Administration Handbook for Civil Engineering Works 2012 Edition

Abbreviation Term
WTO GPA Agreement on Government Procurement of the World
Trade Organization

Go to Table of Content
>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 13
Project Administration Handbook for Civil Engineering Works 2012 Edition

II. GLOSSARY OF TERMS

II.01 Words and expressions to which meanings are assigned in this Chapter of the Project
Administration Handbook for Civil Engineering Works (PAH) shall only apply to this
Chapter.

II.02 In this Chapter of the PAH the following words and expressions shall have the
meaning hereby assigned to them except when the context otherwise requires:

Go to Table of Content
“Government” means the Government of the Hong Kong Special Administrative
Region.

“project office” means the office responsible for the planning, design and construction
of the project.
(Where these functions are performed by different offices at different stages, the
project office shall mean the office responsible at each particular stage.)

“Contract”, “Contractor”, “Drawings”, “Employer”, “Engineer”, “Engineer’s

>>>
Representative” and “Works” are as defined in the General Conditions of Contract for
Civil Engineering Works (1999 Edition) or the General Conditions of Contract for
Term Contracts for Civil Engineering Works (2002 Edition).

Go to Table of Content
“Schedule of Rates” and “Works Order” are as defined in the General Conditions of
Contract for Term Contracts for Civil Engineering Works (2002 Edition).

II.03 Words importing the singular only also include the plural and vice versa where the
context requires.

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 14
Project Administration Handbook for Civil Engineering Works 2012 Edition

1. GENERAL

1.1 SELECTION OF TYPE OF CONTRACT

Contracts for construction may be broadly classified into the following types:

(a) a remeasurement contract containing Bills of Quantities or a measurement

contract containing a Schedule of Rates,

Go to Table of Content
(b) a lump sum contract with drawings and specification,

(c) a lump sum contract with firm Bills of Quantities,

(d) a cost reimbursement contract,

(e) a design and build contract involving both design and construction by the
Contractor. This type of contract is normally priced as a lump sum. (See
WBTC No. 31/99)

>>>
Paragraph 10 stipulates that lump sum contracts with firm Bills of Quantities should
be regarded as the preferred procurement approach for all civil engineering works. The

Go to Table of Content
criteria set out in Paragraph 10 should be followed in determining the type of contract to be
adopted. A measurement contract with a Schedule of Rates should normally be used for
term contracts involving maintenance works or works of a recurrent nature or works of a
minor nature.

Other types of contract may be used subject to the prior approval of the Head of
Office/Division who may seek higher authority as necessary.

>>>
1.2 COMPOSITION OF TENDER AND CONTRACT DOCUMENTS

For a typical civil engineering contract the tender documents generally include the

Go to Table of Conten
following:

(a) Notes to Tenderers (see Paragraph 11.2),

(b) General Conditions of Tender (GCT) (see Paragraph 2.1),

(c) Special Conditions of Tender (SCT) (see Paragraph 2.2),

(d) Form of Tender (see Paragraph 3.1, Appendix 5.1 & 5.2),

(e) Schedule of Proportions for calculating the Price Fluctuation Factor (see
Paragraph 3.2, Appendix 5.3 & 5.4),

(f) General Conditions of Contract (GCC) (see Paragraph 5.1),

(g) Special Conditions of Contract (SCC) (see Paragraph 5.2),

Chapter 5 (Rev. 1) 15
Project Administration Handbook for Civil Engineering Works 2012 Edition

(h) General Specification (GS) (see Paragraph 6.1),

(i) Particular Specification (PS) (see Paragraph 6.2),

(j) Standard Method of Measurement (SMM),

(k) Particular Preambles (if any),

(l) Bills of Quantities (BQ) (see Paragraph 7.1)

Go to Table of Content
(m) Drawings (see Paragraph 8.1), and

(n) Any relevant pre-contract correspondence with the Contractor (e.g. tender
addendum, circular letters to tenderers) (see Paragraphs 5.2, 6.14.4, 7.2.1, 7.3,
7.6 & 8.1.1 of PAH Chapter 6).

Usually, only documents (d) to (n) listed above, the letter of acceptance of the tender
and the Articles of Agreement form the contract documents (see Paragraph 8.1.1 of PAH
Chapter 6).

>>>
The type or edition of document used shall be the current version as promulgated by
DEVB TCWs or other appropriate circular. Reference should also be made to the current

Go to Table of Content
corrigenda issued to the GS and the SMM (see Paragraph 5.2 of PAH Chapter 6).

1.3 CONSISTENCY AMONGST DOCUMENTS

Care should be taken to avoid any ambiguities or discrepancies in the documents

which form a contract as contractual claims and disputes are often caused by inconsistencies
in or between the documents. If any ambiguities or discrepancies exist, it should be noted
that the provisions of the SCC prevail over those of the GCC, which in turn prevail over the
PS and the Drawings, which in turn prevail over the GS. GCC Clause 5(1) and GS Clause

>>>
1.01 are relevant in this aspect.

In the drafting of SCC or PS clauses, reference should be made whenever

Go to Table of Conten
appropriate to the GCC and the GS, using phrases such as:

(a) “Pursuant to General Conditions of Contract Clause .......”, or

(b) “GS Clause ....... is deleted and replaced by ........” etc.

1.4 COMMENTS ON DOCUMENTS BY CONTRACT ADVISERS

The responsibility for ensuring that tender documents are properly prepared rests
with the professional officers handling the project. They may however seek advice from
Contract Advisers on tender documents when genuine doubts emerge. When seeking such
advice the officer concerned shall inform the Contract Adviser of the doubts he has and the
aspects of the case on which he wants advice (see Paragraph 1.5.1 of this Chapter).

Chapter 5 (Rev. 1) 16
Project Administration Handbook for Civil Engineering Works 2012 Edition

1.5 LEGAL VETTING OF TENDER DOCUMENTS

1.5.1 Contracts Estimated to Exceed $300M

All tender documents for contracts estimated to exceed $300M in value must be
submitted through the appropriate Contract Adviser to the Legal Advisory Division (Works)
of DEVB (LAD(Works)/DEVB) for legal vetting prior to calling for tenders. Before
submission to LAD(Works)/DEVB, it is advisable to request the relevant Contract Adviser to
comment on the documents. Comments made by the relevant Contract Adviser on the draft

Go to Table of Content
should be attached for LAD(Works)/DEVB’s information.

The tender documents to be submitted shall include the following:

(a) Special Conditions of Tender,

(b) Form of Tender and Appendix thereto (if these have been altered from the
standard version shown at Appendix 5.1),

(c) Articles of Agreement (if these have been altered from the standard printed

>>>
version),

(d) Special Conditions of Contract,

Go to Table of Content
(e) Particular Specification, and

(f) Bills of Quantities, including General and Particular Preambles.

A memo shall accompany the tender documents, drawing attention to the following:

(a) SCT clauses and SCC clauses together with reasons for their incorporation,

(b) alterations, if any, to the standard versions of the Articles of Agreement and

>>>
the Form of Tender and Appendix thereto, and

(c) any clause in the PS, any item in the BQ, or any other matter relating to the

Go to Table of Conten
tender documents or to the Contract which may have significant contractual or
financial implications.

LAD(Works)/DEVB will consider these documents (retaining a copy for future

reference) and may recommend amendments they consider advisable to the works
division/regional office concerned, who should incorporate such amendments as necessary
into the documents before calling for tenders. The vetting by LAD(Works)/DEVB will take
at least three weeks and provision should be made in the programme for tender preparation.

If owing to urgency, or some other reasons, the documents cannot be submitted

through Contract Adviser then the reason for the same should be explained in the covering
memo to LAD(Works)/DEVB. However, action should then be taken to forward the
comments made by Contract Adviser as soon as they are received.

Chapter 5 (Rev. 1) 17
Project Administration Handbook for Civil Engineering Works 2012 Edition

1.5.2 Design and Build Contract

The Administrative Procedures issued under WBTC No. 31/99 should be followed
as closely as possible. In particular, the procedures laid down in the “Guidance Notes on the
Preparation of the Employer’s Requirements” (Appendix C of the Administrative Procedures)
should be followed in order to avoid any unnecessary design changes after the contract is
awarded. Prior approval of SDEV must be obtained if alternative procedures are considered
necessary or desirable in individual cases. The legal vetting requirement as described in
Paragraph 1.5.1 applies equally to design and build contracts. The Administrative Procedures

Go to Table of Content
can be found on the DEVB website (under Publications and Press
Releases\Publications\Standard Contract Documents\).

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 18
Project Administration Handbook for Civil Engineering Works 2012 Edition

2. CONDITIONS OF TENDER

2.1 GENERAL CONDITIONS OF TENDER

(Ref.: SDEV’s memo ref. (026NM-01-3) in DEVB(W) 546/17/01 dated
25.6.2010)

Commonly used GCT clauses to be included in the Conditions of Tender are given
in the Library of General Conditions of Tender promulgated in ETWB TCW No. 26/2004

Go to Table of Content
which shall be used for all works contracts other than design and build contracts.

The GCTs promulgated under ETWB TCW No. 26/2004 have been uploaded to the
DEVB website under standard contract documents in the publications section and they will
be updated from time to time when new technical circulars are promulgated which may affect
the library content. For the latest version, please refer to the DEVB website.

The standard Conditions of Tender GCT 4 requires tenderers to submit the

Form of Tender in hard copy format fully completed, signed, witnessed and dated. Such
submission is also governed by GCT 21 – Submission of Essential Requirements so that

>>>
failure to comply with the requirements shall render the tender invalid.

As the Form of Tender without being witnessed and/or dated will not affect the

Go to Table of Content
legal validity of the tender and has no effect on the tender evaluation, it is recommended
to amend GCT 4(1)(a)(i) as shown at Appendix 5.33 so that the requirement for the
Form of Tender to be witnessed and dated is not set out as a mandatory requirement.

2.2 SPECIAL CONDITIONS OF TENDER

Any alterations to a GCT shall be effected by a SCT. Commonly used SCT clauses
to be included in the Conditions of Tender for works contracts other than design and build

>>>
contracts are provided in the Library of Special Conditions of Tender promulgated in ETWB
TCW No. 26/2004. In addition, any SCT clauses promulgated by means of memos/respective
technical circulars after promulgation of the Library shall be deemed to have been included in

Go to Table of Conten
the Library. The project office may use the SCTs promulgated selectively since not every
item of the provisions is applicable to a particular contract.

The inclusion of the standard SCT clauses requires the approval of an officer at D1
rank or above. When non-standard SCT clauses are needed, approval will have to be given
by an officer of at least D2 rank. When seeking such approval, the reasons for their inclusion
and a draft of them should be submitted.

The SCTs promulgated under ETWB TCW No. 26/2004 have been uploaded to the
DEVB website under standard contract documents in the publications section and they will
be updated from time to time when new technical circulars are promulgated which may affect
the library content. For the latest version, please refer to the DEVB website.

Chapter 5 (Rev. 1) 19
Project Administration Handbook for Civil Engineering Works 2012 Edition

3. FORM OF TENDER AND SCHEDULE OF PROPORTIONS

3.1 STANDARD FORM OF TENDER

For capital works contracts, the standard Form of Tender as shown at Appendix 5.1
should be used. Guidelines for completing the Form of Tender are given at Appendix 5.2.
Regarding Form of Tender for term contracts, reference should be made to PAH Chapter 8.

Go to Table of Content
3.2 SCHEDULE OF PROPORTIONS

A Contract Price Fluctuation System (CPFS) is used in all civil engineering

contracts to cover changes in the cost of labour and materials between the time of tender
submission and the time of payment is made for Works completed. A description of the
system and guidelines for the preparation and administration of contracts using the CPFS are
provided in ETWB TCW No. 21/2003.

The CPFS requires the inclusion of a Schedule of Proportions in the contract

>>>
documents, which will be used to calculate a Price Fluctuation Factor for adjusting payments
to the Contractor for items valued at tendered rates. The standard format for the Schedule of
Proportions and guidelines on its preparation are given at Appendix 5.3 and Appendix 5.4

Go to Table of Content
respectively.

According to ETWB TCW No. 21/2003, the CPFS should not be applied to
contracts where the time for completion of the Works (excluding Establishment Works
period, if any) or Contract Period (for term contracts) is 21 months or less. Nevertheless,
SDEV made amendment to this requirement via his memo ref. DEVB(PS) 107/3 dated
18.7.2008 that all government capital works contracts should apply the CPFS regardless of
the contract duration. However, the Head of Department has discretion not to apply the
CPFS if it is considered impractical or undesirable to do so due to reasons such as for

>>>
contracts involving predominant use of proprietary products/systems and/or there are no
suitable cost indices for price fluctuation computation. Please see SDEV’s memo ref.
DEVB(PS) 107/3 dated 18.7.2008 for details.

3.3 LIQUIDATED DAMAGES Go to Table of Conten

(Ref. ETWB TCW No. 4/2003)

3.3.1 General Principle

Liquidated damages (LD's) is a sum agreed by the Employer and the

Contractor in advance as the amount to be paid by or deducted from payments to the
Contractor as damages if the Contractor breaches the contract by failing to complete
the work in time. A provision for LD's is enforceable if the amount fixed is a genuine
pre-estimate, judged at the time the contract is entered into, of the loss likely to arise
from the anticipated breach. The Employer does not need to prove actual damages
but LD's are not enforceable if imposed as a penalty. Guidelines for distinguishing
between liquidated damages and a penalty are stated in the leading case of Dunlop
Pneumatic Tyre Company Limited v New Garage and Motor Company Limited [1914-15]
All ER 739. Reference may also be made to the judgement of the Privy Council in

Chapter 5 (Rev. 1) 20
Project Administration Handbook for Civil Engineering Works 2012 Edition

Philips Hong Kong Limited v The Attorney General of Hong Kong delivered on 9
February 1993. If the courts find the agreed sum to be "extravagant or
unconscionable in amount in comparison with the greatest loss which could conceivably
be proved to have followed from the breach" it will be held to be a penalty.

3.3.2 Calculation of Liquidated Damages

The LD's formula to be entered in the Appendix to the Form of Tender should
be a genuine pre-estimate of the likely loss to the Employer resulting from delay in

Go to Table of Content
completion of the Works, or any Section of the Works, as the case may be. The
General Conditions of Contract Clause 52 has been drafted on the basis that if any part
of the Works is designated as a Section, the remainder of the Works must also be
designated as a Section. If a contract contains Sections, LD's should be calculated for
each Section instead of for the whole of the Works.

If it is possible to carry out a cost-benefit analysis, LD's shall be calculated

using the daily rate of economic benefit likely to be generated by the project after
completion and those additional costs due to the delay in completion of the Works, if
any. Where such analysis is not possible, as is usually the case in public sector

>>>
construction contracts, an amount being a genuine pre-estimate of the likely loss to the
Employer may be stipulated as the LD's.

Go to Table of Content
In estimating the likely loss to the Employer, there is a widely accepted formula
method which includes the following components:

(a) loss of revenue or interest on the capital invested in the project;

(b) supervisory costs during the delay period;
(c) the additional sum payable to the Contractor in respect of fluctuations in
the cost of labour and materials; and
(d) any special damages specific to the particular project.

Adopting this, the empirical formulae given in Appendix 5.34 may be used to

>>>
calculate the components of LD's to be specified in the Contract unless an alternative,
more accurate assessment can be made.

Go to Table of Conten
3.3.3 Special Damages

There may be situations where the Employer will suffer some special losses as a
result of a project not being completed on time. For example, where a contract is on
the critical path any delay may result in an ultimate delay to the completion of another
contract (e.g. a separate demolition or piling contract can delay the completion of the
whole project). The Employer will suffer a loss on the following contract(s) if delayed
by the late completion of the contract in respect of which the calculation is being made.
LD's for special damages cannot be imposed if there is a float period between contracts,
because there cannot be any genuine pre-estimate of the special damages. However, in
many cases contracts are programmed so that there is no float. This should be
confirmed before a calculation is made.

There may be other categories of loss caused by delay in meeting key dates.
For example, there may be a special loss of running a less cost efficient facility until the
replacement facility is available; the opening of a school or offices may depend on the

Chapter 5 (Rev. 1) 21
Project Administration Handbook for Civil Engineering Works 2012 Edition

completion of a road access; or the loss of interest on capital invested in an adjoining

sewage treatment plant which cannot be commissioned until the sewer tunnel is
completed.

There may also be occasions where Government is liable to a third party for losses
caused by delay in completion of the Works. For example, Government undertakes the
site formation of a leased land and is liable to damages for delay. Another example is
that Government may have to pay its consultants additional fees and expenses arising from
delay in completion of the Works.

Go to Table of Content
If any such special damages can be identified at the project planning stage, it is
essential that the rationale behind the calculation (but not the calculation itself), is
clearly stated in the tender documents as a Special Condition of Tender and the
appropriate sum representing the special damages included as part of the genuine
pre-estimate of loss in the event of late completion of the Works or, as the case may be,
the relevant Section.

3.3.4 Minimum Amount of Liquidated Damages

>>>
The amount of LD's is subject to proportional reduction under General
Conditions of Contract Clause 52(2), due to the completion or handing over of a part of the
Works or part of a Section in advance of the whole. Under certain circumstances, this

Go to Table of Content
proportional reduction may not reflect the real effect of delay. For example, a partial
completion of the Works would not help in reducing the special damages. Also, in
practice, there is a limit on the minimum size of the site supervisory staff beyond that no
further reduction is possible. Under such circumstances, a SCC specifying the minimum
amount of LD's should be incorporated in the contract by adding a sub-clause (5) to
General Conditions of Contract Clause 52 as follows:

"General Conditions of Contract Clause 52 is amended by adding the following as

sub-clause (5):

>>>
(5) Notwithstanding the proviso to General Conditions of Contract Clause 52(2)
the resulting rate per day of liquidated damages for the Works or any
Section after reduction in accordance with that sub-clause shall not be less

Go to Table of Conten
than the minimum rate per day of liquidated damages for the Works or, as
the case may be, the relevant Section as stated in the Appendix to the Form
of Tender."

and the sum calculated in respect of the special damages and the minimum supervisory
staff costs shall be inserted in the Appendix to the Form of Tender as the "Minimum
amount of liquidated damages (per day)".

It should be noted that the concept of minimum site staff establishment may not
be applicable to Sections, other than the last Section, as the supervision can be carried out
by the supervisory staff for the remaining Sections. However, there are exceptions. For
instance, if a Section of the Works is geographically or technically separated, entailing the
need to deploy staff purely for that Section of the Works. Another example is where
some of the staff could be released on completion of a major Section, leaving some minor
works such as landscaping works as the last Section to be completed.

Chapter 5 (Rev. 1) 22
Project Administration Handbook for Civil Engineering Works 2012 Edition

3.3.5 Lowering the Daily Rate of LD's

Contractually, there is no impediment to setting LD's at a level below the genuine

pre-estimate of the Employer's loss as calculated in accordance with the above
Paragraphs 3.3.2 and 3.3.3. If the daily rate of LD's is likely to be more than a contractor
can reasonably bear, the procuring department may consider lowering the rate to a
commercially acceptable level and seek the endorsement of the Development Bureau on
the proposed amount of LD's on a case by case basis. Where such a rate is lower than the
genuine pre-estimated loss, the approval of the Secretary for Financial Services and the

Go to Table of Content
Treasury must be sought before incorporating such a rate in the tender documentation.

3.3.6 LD's in the Tender Documentation

Where the amount of LD’s is to a certain extent related to the contract value of
the Works or the Section, the rate of LD’s shall be stipulated as a function of the
Contract Sum or the contract value of the Section and appropriate footnote should be
added to the relevant LD’s provisions in the Appendix to the Form of Tender. (e.g.
A*Y1 + B where Y1 is the Contract Sum or the total sum of a Bill in the Bills of
Quantities and A & B are some numerical values determined in accordance with

>>>
Appendix 5.34 and Paragraph 3.3.3. See also the example given in Annex B of Appendix
5.35.). The following SCT shall be incorporated in the tender documents and the
department shall notify the tenderer of the rate of LD's so calculated before tender

Go to Table of Content
acceptance and a copy of such notice shall be incorporated in the contract documents
forming part of the contract.

“The tenderer shall note that the liquidated damages set out in the Appendix to
the Form of tender are sums that are to be worked out by substituting Y1 with
the Contract Sum.” (Or, in the case of Sections, Y1 with the total sum of Bill [ ]
and Bill [ ] in the Bills of Quantities, Y2 with the total sum of Bill [ ] in the Bills
of Quantities and Y3 with the value of the Adjustment Item in the Bills of
Quantities etc.)”

>>>
In addition, to deal with possible anomalies which may arise as a result of
negative pricing by tenderers, appropriate footnote (depending on whether or not there
is minimum LD’s for the Works/Section) should be added to the relevant LD’s

Go to Table of Conten
provisions in the Appendix to the Form of Tender along the following lines:

(a) Where there is no minimum LD’s

“The value of the formula within the square brackets shall be taken as
zero for the purpose of computation of the daily rate of liquidated
damages if and when the sum is worked out to be a negative value by
substituting each of [specify those indeterminate items] [as appropriate,]*
with its corresponding value in the priced Bills of Quantities.”

[Note*: Consider inclusion of the words “as appropriate,” if the Works are
divided into Sections and the footnote is used in relation to two or more
Sections with no minimum LD's.]

(b) Where there is minimum LD’s

Chapter 5 (Rev. 1) 23
Project Administration Handbook for Civil Engineering Works 2012 Edition

“The value of the formula within the square bracket shall be taken as
[specify the amount of the applicable daily rate of minimum LD’s] for the
purpose of computation of the daily rate of liquidated damages if and when
the sum is worked out to be less than [specify the amount of the applicable
daily rate of minimum LD’s] by substituting each of [specify those
indeterminate items] with its corresponding value in the priced Bills of
Quantities.”

An example of the LD’s provisions in the Appendix to the Form of Tender is at

Go to Table of Content
Annex C of Appendix 5.35.

3.3.7 Independent Check

It is important that those responsible for calculating LD's should ensure that
the calculations are logical and free from error. In all cases, the full implications of the
contract must be considered in applying the formulae given in Appendix 5.34. In this
respect, LD's calculations should always be subject to an independent check by a senior
professional officer. Calculations from which LD's are derived must be set out clearly
and kept on file for future reference.

>>>
A pro-forma which may be useful as a guide in the calculation of LD's is at
Annex A of Appendix 5.35. A worked example is at Annex B of Appendix 5.35. The

Go to Table of Content
summary statement only but not the calculations shall be included in the Appendix to
the Form of Tender.

3.3.8 Check Before Tender Invitation

The formula to be entered into the Appendix to the Form of Tender for
determining the rate of LD's (hereinafter referred to "the Formula") should be
reviewed immediately before tender invitation, with reference to the latest available
information.

>>>
3.3.9 Keep In View During the Tender Period

Should there be changes to the scope of the Works or the special damages

Go to Table of Conten
before the tender closing date, the Formula should be adjusted by means of a tender
addendum.

3.3.10 Check before the Issue of the Letter of Acceptance

As a provision for LD’s is enforceable only if the rate fixed is a genuine

pre-estimate of the Employer's loss judged at the time of entering into the contract,
there is a need to review the Formula immediately before a tender is accepted. If the
Formula no longer represents a valid estimate of the likely loss to the Employer (e.g. the
original assumption concerning the float period between contracts is found to be invalid
or the special damages have changed due to changed circumstances), the following
action should be taken:

(a) If the rate of LD's calculated in accordance with the Formula is higher
than the latest estimate of the likely loss, the procuring department should
negotiate with the tenderer(s) to amend the rate of LD's in accordance

Chapter 5 (Rev. 1) 24
Project Administration Handbook for Civil Engineering Works 2012 Edition

with the tender negotiation procedures stipulated in the SPRs.

(b) If the rate of LD's calculated in accordance with the Formula is lower
than the latest estimate of the likely loss, the procuring department should
follow the procedures in sub-paragraph (a) above to revise the rate of
LD's. If as a result of negotiation the revised rate of LD's is at a level
below the genuine pre-estimated loss i.e. the latest estimated loss in this
case, the procuring department must seek DEVB's endorsement and the
approval of Secretary for Financial Services and the Treasury.

Go to Table of Content
3.3.11 Record

Full record of any review of LD's together with all related calculations should be
kept on file.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 25
Project Administration Handbook for Civil Engineering Works 2012 Edition

4. ARTICLES OF AGREEMENT

Standard Articles of Agreement attached to the respective editions of the GCCs shall
be used, namely, GF 548 for capital works contracts for Civil Engineering Works as modified
by Appendix A of WBTC No. 20/2000, GF 546 for term contracts for Civil Engineering
Works, GF 549 for Design and Build Contracts, GF 541 for Building Works, and GF 550 for
Electrical & Mechanical Works. Appropriate modification to the attestation clauses should
be made in accordance with ETWB TCW No. 54/2002.

Go to Table of Content
For Nominated Sub-contracts, the Articles of Agreement in the “The Government of
the Hong Kong Special Administrative Region, Sub-contract Articles of Agreement and
Conditions for Civil Engineering Works” (GF 543) shall be used for all Nominated
Sub-contracts to capital works contracts.

Where a contract is awarded to an unincorporated joint venture, the revised Articles

of Agreement at Appendix E of ETWB TCW No. 50/2002 shall be used. Where the
contractor is an incorporated joint venture, the ordinary form of Articles of Agreement shall
be used.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 26
Project Administration Handbook for Civil Engineering Works 2012 Edition

5. CONDITIONS OF CONTRACT

5.1 GENERAL CONDITIONS OF CONTRACT

The following standard documents are available:

(a) The Government of the Hong Kong Special Administrative Region, General
Conditions of Contract for Civil Engineering Works (1999 Edition)

Go to Table of Content
(b) The Government of the Hong Kong Special Administrative Region, General
Conditions of Contract for Term Contracts for Civil Engineering Works (2002
Edition)

(c) The Government of the Hong Kong Special Administrative Region, General
Conditions of Contract for Building Works (1999 Edition )

(d) The Government of the Hong Kong Special Administrative Region, General
Conditions of Contract for Term Contracts for Building Works (2004 Edition)

>>>
(e) The Government of the Hong Kong Special Administrative Region, General
Conditions of Contract for Electrical and Mechanical Engineering Works

Go to Table of Content
(1999 Edition);

(f) The Government of the Hong Kong Special Administrative Region, General
Conditions of Contracts for Term Contracts for Electrical and Mechanical
Engineering Works (2007 Edition); and

(g) The Government of the Hong Kong Special Administrative Region, General
Conditions of Contract for Design and Build Contracts (1999 Edition)

>>>
The GCCs have been uploaded to the DEVB website (under standard contract
documents in the publications section and they will be updated from time to time when new
editions are promulgated which may affect the library content.

Go to Table of Conten
(http://www.devb.gov.hk/en/publications_and_press_releases/publications/standard_contract
_documents/index.html)

5.2 SPECIAL CONDITIONS OF CONTRACT

5.2.1 General Consideration

Any amendments, additions, deletions and amplifications to the GCC should be

effected by the inclusion of SCC clauses. However, SCC clauses should only be included
when there is a genuine need to alter or supplement the GCC.

Matters concerning materials or workmanship standards or detailed arrangement for

the execution of Works should not in general be stipulated in the form of SCC. Such
matters, if not adequately covered by the GS, should be dealt with in the PS.

Chapter 5 (Rev. 1) 27
Project Administration Handbook for Civil Engineering Works 2012 Edition

5.2.2 Library of Standard Special Conditions of Contract

Commonly used standard SCC clauses for use with the General Conditions of
Contract for Civil Engineering Works, Building Works and Electrical & Mechanical
Engineering Works (1999 Edition) are included in the Library of Standard Special Conditions
of Contract promulgated and updated regularly by DEVB in WBTC Nos. 18/2000, 18/2000A
and 18/2000B and SDEV’s memo ref. DEVB(W) 546/17/02 dated 9.2.2011. In addition, any
SCC clauses promulgated by means of memos/respective technical circulars after
promulgation of the Library shall be deemed to have been included in the Library. All

Go to Table of Content
additions and deletions from the Library of standard SCC will be vetted by the Conditions of
Contract Committee (CCC) and approved by the SDEV. To maximize the usefulness of the
Library, any SCC developed for a particular contract that will have repeated use or could be
of use to others should be submitted to the CCC through the department’s representative with
a view to placing the clause in the Library of standard SCC.

The updated Library of standard SCC as promulgated in SDEV's memo ref.

DEVB(W) 546/17/02 dated 9.2.2011 is available for use on the Works Group Intranet Portal.
The link to the Library is “http://portal.etwgi.etwb.hksarg/”. The current practice of
updating the PAH to incorporate SCC from newly issued TCW/memo will be maintained.

>>>
As updating of the Library of standard SCC may not be in pace with the PAH, newly issued
SCC may have been updated to the PAH sooner than that of the SCC Library. In this
regard, project officers should also make reference to the PAH when using the SCC Library.

Go to Table of Content
If any anomalies are found, they should notify their departmental contract advisors for further
clarification with the DEVB subject officer [AS(WP)12, telephone no. 3509 8382].

5.2.3 Approval of Special Conditions of Contract

In accordance with the technical circulars promulgating the Library of Standard

Special Conditions of Contract, except for the clause deleting provision for extension of time
due to inclement weather, standard SCC clauses may be used as required with the approval of
the chief engineer (or a higher rank officer in cases of SCC for Sections subject to excision,
care of the Works insurance, third party insurance and designs or alternative designs by

>>>
tenderers) responsible for the administration of the particular contract. The use of the
standard SCC clause deleting the provisions for extension of time due to inclement weather
must however be approved by the Head of Department and endorsed by DEVB (attention

Go to Table of Conten
PAS(W)3).

All non-standard SCC clauses may be drafted and used as required on the approval
of the Head of Department/Office or those officers (not below the rank at D1) to whom this
responsibility has been delegated. When seeking such approval, the reasons for the
inclusion of the SCC clause and a draft of the clause should be submitted. Should the Head of
Department/Office or the delegated officer have any doubt as to the wording of a proposed
SCC not contained in the Library then the clause may be forwarded to LAD(Works)/DEVB
for advice, through the relevant Contract Adviser.

Contentious cases involving a major point of principle or change in policy should, at

the discretion of Head of Department/Office, be referred to the Works Group Directors’
Meeting for consideration.

Chapter 5 (Rev. 1) 28
Project Administration Handbook for Civil Engineering Works 2012 Edition

6. SPECIFICATION

6.1 GENERAL SPECIFICATION

(Ref. WBTC No. 18/92 and DEVB TCW No. 7/2007)

The General Specification for Civil Engineering Works (GS) covers general
requirements and may need varying degrees of amplification and modification to suit
individual contracts, e.g. on the general description (major items only) of the Works, the

Go to Table of Content
list of Drawings, works by other contractors on the Site running concurrently with the
Works under the contract. Amplifications and modifications to the GS should be
made in the Particular Specification (PS). In supplementing the GS by a PS,
compatibility of all changes must be ensured by the department preparing the tender
documents. If changes are considered necessary, the revised items together with the
reasons for the changes shall be submitted to the D1 (or higher) level officer
administering the contract for approval. Furthermore, it is essential to ensure that the
PS does not conflict with other parts of the tender documents.

>>>
The GS, 2006 Edition can be found on the CEDD website
(http://www.cedd.gov.hk/eng/publications/standards_handbooks_cost/stan_gs_2006.htm).
It has incorporated, among other changes, the use of “green” construction materials
including recycled aggregates and reclaimed asphalt material to further promote

Go to Table of Content
environmentally friendly construction practices in public works projects. It has
included two new sections on “Environmental Protection” and “Preservation and
Protection of Trees”.

As the latest edition of the GS is publicly available and can be purchased at the
Publications Sales Unit of the Information Services Department, it is therefore not
necessary to bind the GS into the tender or contract documents. However, this should
be reflected in the Conditions of Tender by stating that the GS is not issued as part of
the tender documents.

>>>
6.2 PARTICULAR SPECIFICATION

Go to Table of Conten
Each contract will require a different set of PS clauses to suit its own circumstances
(See Paragraph 6.1). Standard clauses/guidelines may be available from DEVB TCWs for
the following subjects:

(i) For capital works or maintenance works (including tree planting) within
or adjacent to the Kowloon-Canton Railway (Hong Kong) Section, Tsim
Sha Tsui Extension, Ma On Shan Rail and Lok Ma Chau Spur Line,
reference should be made to ETWB TCW No. 2/2005 and DEVB’s emails
dated 3.9.2007 and 25.9.2007;

(ii) For public works to be carried out within the Railway Protection Area for
the completed facilities of the West Rail, reference should be made to
ETWB TCW No. 33/2003;

(iii) For public works to be carried out within the protection boundary for
completed facilities of the MTR Corporation Limited, reference should be

Chapter 5 (Rev. 1) 29
Project Administration Handbook for Civil Engineering Works 2012 Edition

made to WBTC No. 19/2002;

(iv) For contracts involving permanent prestressed ground anchors, reference

should be made to ETWB TCW No. 16/2004;

(v) For reclamation contracts involving public filling, reference should be made
to WBTC Nos. 10/92, 2/93, 2/93B, 16/96, 4/98 & 4/98A and subsequent
revisions;

Go to Table of Content
(vi) For contracts including computer facilities as an item to be provided by the
Contractor, reference should be made to ETWB TCW No. 12/2004;

(vii) For construction site safety, reference should be made to WBTC No.
30/2000 and the Construction Site Safety Manual
(ref.
http://www.devb.gov.hk/en/publications_and_press_releases/publications/c
onstruction_site_safety_manual/index.html);

(viii) For application of double-barrier coating system to concrete structure,

>>>
reference may be made to ‘Model Specification for Protective Coatings for
Concrete’ which is available on the CEDD website (ref.
http://www.cedd.gov.hk/eng/publications/standards_handbooks_cost/stan_m

Go to Table of Content
s3.htm)

(ix) For the control of Alkali Aggregate Reaction (AAR) in concrete, the
particular specification given at Appendix A of WBTC No. 5/94 shall
no longer be used. The requirements were incorporated into GS.
For guidelines of the AAR control, reference should be made to
Appendix 5.9;

(x) For contracts involving importation of sand from the mainland China by
barges, reference should be made to WBTC Nos. 10/95 & 10/95A;

>>>
(xi) For the Pay for Safety and Environment Scheme, reference should be made
to WBTC No. 30/2000, the Construction Site Safety Manual, ETWB TCW

Go to Table of Conten
No. 19/2005, the Interim Guidance Note on Administration of
Environmental Management and Pay for Safety and Environment Scheme
for Public Works Contracts promulgated under SETW’s memo ref.
(014G7-01-1) in ETWB(W) 517/91/01 dated 19.6.2006, SDEV’s memos
ref. (01KKA-01-8) in DEVB(W) 810/83/09 dated 11.10.2007 and ref.
(01N5V-01-2) in DEVB(W) 810/83/09 dated 24.12.2007;

(xii) For contracts including contract transport, reference should be made to

LWBTC No. 11/84;

(xiii) For independent checking of the Design, Erection, Use and Removal of
Temporary Works, reference should be made to Paragraph 9.35;

(xiv) For contract measures to prevent non-payment of wages, reference should

be made to Paragraph 9.11 of this Chapter.

Chapter 5 (Rev. 1) 30
Project Administration Handbook for Civil Engineering Works 2012 Edition

(xv) Not used;

(xvi) For contracts requiring employment of qualified tradesmen and

intermediate tradesmen, reference should be made to WBTC No. 13/2002
and SDEV’s memo ref. (01M97-01-4) in DEVB(PS) 105/64/1 dated
17.12.2007 ;

(xvii) For control of dogs on construction sites, reference should be made to

SETW’s memo ref. (014DQ-01-8) in ETWB(W)L/M(4)505/91/01 dated

Go to Table of Content
29.8.2006.

(xviii) For contracts involving reinforced fill structures, references should be

made to ETWB TCW No. 24/2003 and the model specification in
Appendix A to Geoguide 6, “Guide to Reinforced Fill Structure and Slope
Design”, which is available on the CEDD website
http://www.cedd.gov.hk/eng/publications/geo/manu_eg6.htm (the project
department shall submit the specification to GEO for checking in
accordance with ETWB TCW Nos. 29/2002 & 29/2002A);

>>>
(xix) Not used;

(xx) For contracts with concrete used in marine environment, reference should

Go to Table of Content
be made to the ‘Recommended Specification for Reinforced Concrete in
Marine Environment’ issued by the Chairman of Standing Committee on
Concrete Technology (SCCT), which is available on the CEDD website
(ref.
http://www.cedd.gov.hk/eng/publications/standards_handbooks_cost/stan
_marine.htm);

(xxi) For environmental management on construction sites, reference is to be

made to ETWB TCW No. 19/2005, the Interim Guidance Note on
Administration of Environmental Management and Pay for Safety and

>>>
Environment Scheme for Public Works Contracts promulgated under
SETW’s memo ref. (014G7-01-1) in ETWB(W) 517/91/01 dated
19.6.2006, SDEV’s memos ref. (01KKA-01-8) in DEVB(W) 810/83/09

Go to Table of Conten
dated 11.10.2007 ref. (01N5V-01-2) in DEVB(W) 810/83/09 dated
24.12.2007 and ref. () in DEVB(W) 810/83/09 dated 24.9.2010;

(xxii) For metallic site hoardings and signboards, reference should be made to
Paragraph 4.13(a) of Chapter 4 and Paragraph 9.38 of this Chapter;

(xxiii) For contracts involving management of dredged/excavated sediment,

reference should be made to ETWB TCW No. 34/2002;

(xxiv) Not used;

(xxv) For contracts involving alternative designs by tenderers, reference should

be made to ETWB TCW No. 25/2004 and SDEV’s memo ref.
(02245-01-13) in DEVB(W) 510/34/01 dated 6.10.2009;

(xxvi) For enhanced control of site cleanliness and tidiness, reference should be

Chapter 5 (Rev. 1) 31
Project Administration Handbook for Civil Engineering Works 2012 Edition

made to DEVB TCW No. 8/2010;

(xxvii) For implementation of additional measures to improve site cleanliness and

control mosquito breeding on construction sites, reference should be made
to Appendix A to ETWB TCW Nos. 22/2003 and 22/2003A;

(xxviii) For contracts involving the use of recycled aggregates in concrete

production or in road sub-base construction, reference should be made to
Paragraph 9.37 for details while for contracts involving the use of

Go to Table of Content
concrete paving units made of recycled aggregates, reference should be
made to ETWB TCW No. 24/2004;

(xxix) For implementation of Site Safety Cycle and provision of welfare

facilities for workers at construction sites, reference should be made to
ETWB TCW No. 30/2002;

(xxx) For employment of technician apprentices and building & civil

engineering graduates by contractors of public works contracts, reference
should be made to Paragraph 9.39 and ETWB TCW No. 9/2005;

>>>
(xxxi) Not used;

Go to Table of Content
(xxxii) For contracts implementing Systematic Risk Management (SRM), the
standard particular specification in Annex I of ETWB TCW No. 6/2005
should be incorporated;

(xxxiii) For contracts where an Environmental Permit has been obtained by the
project proponent for the Works, the standard PS clause in Paragraph
1.6.5 in Appendix A to ETWB TCW No. 13/2003 should be included;

(xxxiv) For contracts involving excavation works on unleased land or streets

maintained by Highways Department, the standard PS clauses on permits

>>>
for excavation works under the Land (Miscellaneous Provisions)
Ordinance, Cap. 28 distributed via SETW’s memo ref.
ETWB(W)249/38/02[TC 13/2001] dated 29.3.2004 are to be incorporated;

(xxxv) For public works to be carried out within the protection boundary of the Go to Table of Conten
Habour Area Treatment Scheme (HATS) Stage I sewerage tunnels,
reference should be made to ETWB TCW No. 28/2003. For public
works to be carried out in the vicinity of the drainage tunnels managed by
Drainage Services Department (DSD) (e.g. Hong Kong West Drainage
Tunnel), advice should be sought from DSD for the required protection
requirements of the drainage tunnels;

(xxxvi) For contracts involving tunnel works, reference should be made to ETWB
TCW No. 15/2005;

(xxxvii) For contracts involving noise barriers, reference should be made to annex
I to HyD’s Practice Notes No. BSTR/PN/003 Rev. C;

(xxxviii) For contracts involving the use of Sub-contractor Management Plan,

Chapter 5 (Rev. 1) 32
Project Administration Handbook for Civil Engineering Works 2012 Edition

reference should be made to Paragraph 9.33 of this Chapter;

(xxxix) For contracts where construction and demolition materials including waste
generated on site require disposal, reference should be made to DEVB TCW
No. 6/2010;

(xl) For contracts involving provision of uniform for personnel working on

public works sites, reference should be made to SDEV’s memo ref. in
DEVB(Trg) 133/3 (7) dated 11.5.2011;

Go to Table of Content
(xli) For contract involving procurement of arboricultural service for tree risk
assessment, reference should be made to ‘Service Specifications on Tree
Risk Assessment and Mitigation Measures’ in the Tree Planting and
Management section of the Cyber Manual of Greening or the direct link
(http://devb.host.ccgo.hksarg/); and

(xlii) For contract involving preservation of existing trees, reference should be

made to ‘Contract Provision for Preservation of Existing Trees’ in the Tree
Planting and Management section of the Cyber Manual of Greening.

>>>
6.3 SPECIFICATION REGARDING CONTRACT PRELIMINARIES AND

Go to Table of Content
EQUIPMENT

6.3.1 General Principles

(a) Specification in Terms of Performance

In the drafting of any PS clause, it should be noted that according to Paragraph 9 of

ETWB TCW No. 33/2004, technical specifications shall, where appropriate, be in terms of
performance rather than design or descriptive characteristics and be based on international
standards where such exist. The same principle applies regardless of whether or not the

>>>
tendering procedures are governed by the Agreement on Government Procurement of the
World Trade Organization (WTO GPA). There shall be no requirement for or reference to a
particular trademark or trade name or patent or origin unless there is no sufficiently precise or

Go to Table of Conten
intelligible way of describing the procurement requirements and provided that “products
having equivalent functions or performance” shall always be permitted and indicated in the
tender documentation. (see S for W’s memo ref. WB(W) 272/31/02D dated 4.4.2002)

In the project offices there should exist a three-tier checking/approval mechanism

whereby design drawings/tender documents are prepared by one group of officers, checked
by officers of other ranks and finally approved by officers of higher ranks. If brand named
products are to be specified, they should also be subject to the same scrutiny mechanism.

(b) Used Preliminaries

To accord with the green policy of the Government, used preliminaries can be
accepted if they are in good working and serviceable condition and if they can comply with
the requirements of the contract. In the preparation of tender documents, project offices are
encouraged to specify, as far as reasonable and practicable and as much as possible, used
preliminaries which are to be supplied by the Contractor for use of the Engineer during the

Chapter 5 (Rev. 1) 33
Project Administration Handbook for Civil Engineering Works 2012 Edition

contract period. In warranted cases, works departments could specify clearly preliminary
items as “used, but in a condition acceptable to the Engineer” (or where appropriate, another
more definitive specification such as “not more than 2 years old” for land transport, etc) to
save costs for the government.

Moreover, on the requirement of providing a temporary accommodation for the

Engineer, the project offices, before considering erection of a new office, should first
investigate the feasibility of using any existing site office. In the event that a new office is
required to be erected, preference should be given to the used prefabricated units which are in

Go to Table of Content
good working and serviceable conditions, and such preference should be stated in the tender
documents.

6.3.2 Specification regarding Contract Preliminaries

(a) Central Acceptance and Distribution of Contract Preliminary Items

The following PS clause should be included in the tender documents for the
provisioning of contract preliminaries:

>>>
“All contract preliminary items shall be provided to the office of the Engineer’s
Representative for central acceptance and distribution. The Engineer’s
Representative should inform the Contractor of the name of the officers responsible

Go to Table of Content
for accepting these items. The Contractor shall not provide the items directly to an
individual member of the site supervisory staff.”

(b) Avoid Over-provision of Preliminary Items

The following PS clause should be included in the tender documents for works
contracts with estimated contract sum exceeding $15M:

“Any equipment or facilities to be provided for the use of the Engineer’s staff are

>>>
only required to meet the minimum requirements stipulated in the Contract. Where
this is impracticable (e.g. when the model just satisfying the minimum requirements
is outdated or out of stock), the Contractor may provide at his own cost equipment

Go to Table of Conten
or facilities slightly exceeding the minimum requirements. Extravagant or
out-of-the norm over-provision is unnecessary and should be avoided. In the event
that a much higher quality than that stipulated shall be provided for legitimate
reasons, the Contractor shall give prior notification to the Employer of such an
over-provision.”

(c) Contract Number/Title on Contract Transport

The contract transport for the Engineer should be required to be painted with the
contract number/title and the Contractor’s name (or other suitable identifications, if such
names/titles are too lengthy) for easy identification.

(d) Intellectual Property Rights

In addition, it is necessary to include the following PS clause in accordance with S for

W’s memo ref. WB(W) 209/32/110 Pt. 12 dated 9.1.2001: “Please note that if the Contractor
intends to use the intellectual property rights of another party in performing his obligations

Chapter 5 (Rev. 1) 34
Project Administration Handbook for Civil Engineering Works 2012 Edition

under the Contract, appropriate licences should be obtained from the relevant owners.”

Go to Table of Content
>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 35
Project Administration Handbook for Civil Engineering Works 2012 Edition

7. BILLS OF QUANTITIES

7.1 GENERAL
(Ref.: WBTC No. 18/92, 21/93, 21/93A and 21/93B)

The main functions of the BQ are:

(a) to allow a comparison of tender prices of tenders obtained from tenderers, and

Go to Table of Content
(b) to provide a means of valuing the work executed when the Contract has been
entered into.

Provided that the construction works are measured according to the Standard
Method of Measurement for Civil Engineering Works 1992 Edition (SMM) and
conform to the General Specification for Civil Engineering Works 2006 Edition (GS),
the BQ should be prepared in accordance with the SMM and the Standard Phraseology
of [Bill of Quantities] Item Descriptions (SPID) as the standardized method for
composing works-contract bill of quantity items. The latest edition of the SMM and its

>>>
corrigenda can be found on the CEDD website. In the interest of uniformity the SMM
shall be strictly followed for the measurement of items it covers. Only where this is not
practical or where the SMM does not cover the item required should any amendment or

Go to Table of Content
addition to the SMM be made. Amendments or additions to the SMM should be made
in the form of a Particular Preamble which shall follow the General Preambles in the
contract documents and shall be submitted to an officer at D1 rank or above
administering the contract for approval.

It is not necessary to reproduce a copy of SMM in contract and tender

documents. The incorporation of the SMM into the contract is effected by reference in
the Particular Specification. Since it is a requirement of Clause 59(1) of the General
Conditions of Contract for Civil Engineering Works, 1999 edition, that the Method of

>>>
Measurement to be used in the contract is that which is stated on the Preamble to the
Bills of Quantities, it is essential that the General Preambles detailed in Part IV of the
SMM are included in every contract document.

Go to Table of Conten
Due attention is drawn to the amendments made to SMM regarding the use of
lump sum BQ contracts in Paragraph 7.4.2 and Paragraph 10. The quantities in the
lump sum BQ contract must be measured accurately and regarded as firm, not subject
to remeasurement. Where quantities cannot be measured accurately, the respective
items in the BQ should be marked as “provisional”.

To remove site safety from the realm of competitive tendering and to enhance
environmental management on construction sites, all appropriate tenders as required under
ETWB TCW No. 19/2005, the Interim Guidance Note on Administration of Environmental
Management and Pay for Safety and Environment Scheme for Public Works Contracts
promulgated under SETW’s memo ref. (014G7-01-1) in ETWB(W) 517/91/01 dated
19.6.2006, and SDEV’s memo ref. (01KKA-01-8) in DEVB(W) 810/83/09 dated 11.10.2007
shall include a separate ‘Site Safety and Environmental Management’ section in the BQ.

Chapter 5 (Rev. 1) 36
Project Administration Handbook for Civil Engineering Works 2012 Edition

7.2 PREPARATION OF BILLS OF QUANTITIES

The rules for preparing BQ are contained in Part III of the SMM and they should be
strictly followed. In accordance with the SMM, a BQ will comprise the following:

- General and Particular Preambles

- Bill No. 1 : Preliminaries

- Bill No. 2 : ) for works items,

Go to Table of Content
) see guidance below.
- Bill No. : )
- Bill No. : Site Safety and Environmental Management *(a)
- Bill No. : Daywork
- Bill No. : Prime Cost and Provisional Sums
- Grand Summary.

*(a) This Bill is to be provided for all appropriate tenders as required under ETWB
TCW No. 19/2005, the Interim Guidance Note on Administration of
Environmental Management and Pay for Safety and Environment Scheme for

>>>
Public Works Contracts promulgated under SETW’s memo ref. (014G7-01-1)
in ETWB(W) 517/91/01 dated 19.6.2006, and SDEV’s memo ref.
(01KKA-01-8) in DEVB(W) 810/83/09 dated 11.10.2007.

Go to Table of Content
Separate bills may be considered, at the discretion of the project engineer, for work
items charged to different financial votes. When a lump sum form of contract is used, the
provisional quantities are included in the Bills wherever it is appropriate and sensible to do
so. Individual items to be remeasured can be mixed in with the “firm” items, or a whole
section can be shown separately and described as provisional. The items in each bill should
be grouped into the appropriate section of Part V of the SMM in the order shown. A sample
for the Grand Summary is given at Appendix 5.5.

Copies of the SMM have been issued to all the approved contractors on the DEVB

>>>
Lists and it needs not be reproduced in contract and tender documents.

Specimen BQ items provided in DEVB TCWs for various subjects such as site

Go to Table of Conten
cleanliness and tidiness, preservation and protection of preserved trees, Professional
Indemnity Insurance for the Works, etc. should be adopted where applicable.

All works items should be included in the BQ and omitted items should be
minimized as far as practicable. The BQ should undergo a checking process to ensure the
completeness and accuracy of the BQ and elimination of major errors. This would facilitate
competitive tendering, reduce resources for valuation of omitted items and minimize the
disputes arising from the valuation of omitted items. (Audit Report No. 53 Ch. 3 -
http://www.aud.gov.hk/pdf_e/e53ch03.pdf )

7.3 PREAMBLES TO THE BQ

A set of standard clauses for the “General Preambles to the Bills of Quantities” is
contained in Part IV of the SMM. Any amendments or alterations to the SMM to be
adopted in the preparation of the BQ shall have the prior approval of an officer at D1 rank or

Chapter 5 (Rev. 1) 37
Project Administration Handbook for Civil Engineering Works 2012 Edition

above administering the Contract and shall be included as Particular Preambles to the Bills of
Quantities.

The Preambles should also contain any other information which is considered to be
necessary for the pricing of the BQ but is not included elsewhere in the contract documents.

Standard Particular Preambles for various subjects set out in DEVB TCWs should be
adopted where applicable.

Go to Table of Content
7.4 PROVISIONAL ITEM

7.4.1 Provisional Items

Provisional Item means an item describing work, the requirement for which is
uncertain at the time the tender documents are issued and which can only be carried out on
the instruction of the Engineer for the Contract. All works described by a Provisional Item
should be clearly specified and the provisional nature clearly explained in the PS and BQ.

>>>
The use of Provisional Items in the BQ should be avoided as far as possible. They
should not be included if it is impossible for the tenderer to provide a realistic tender price for
the work, taking into account its provisional nature and the manner in which the works may

Go to Table of Content
be described. If the requirement for the work is very remote, issuing variations during the
contract is generally more advisable than trying to cover the work by inclusion of Provisional
Items.

7.4.2 Provisional Quantities under a Lump Sum Contract with Firm BQ

Any item or part of work which cannot be accurately measured is covered by a

provisional quantity or sum and measured as executed on completion of the item or part of
work i.e. the value of these item(s) or part(s) of work(s) in the Bills is/are deducted from the
Contract Sum and the value of the works executed is added. For details, refer to Paragraph

>>>
10.

Go to Table of Conten
7.5 PROVISIONAL SUM/CONTINGENCY SUM/PRIME COST SUM

Provisional Sum means a sum provided for work(s) or expenditure which has not
been quantified or detailed at the time the tender documents are issued. Contingency Sum
means the sum provided for work(s) or expenditure which cannot be foreseen at the time the
tender documents are issued. Prime Cost Sum means the sum provided for works to be
executed or for materials or services to be supplied by a Nominated Sub-contractor, after
deducting any trade or other discount. However, according to GCC Clause 1(1), both
Provisional Sum and Contingency Sum may include provision for works to be executed or for
materials or services to be supplied by a Nominated Sub-contractor.

Provisional Sums for specific purposes should be included in the relevant bills of the
BQ.

Under the GCC for Term Contracts (2002 Edition), Contingency Sum may also be
specified in a works order in term contracts for work or services or expenditure which cannot

Chapter 5 (Rev. 1) 38
Project Administration Handbook for Civil Engineering Works 2012 Edition

be foreseen at the time such works order is issued.

7.6 NOT USED

7.7 SITE CLEANLINESS AND TIDINESS

In order to enhance site cleanliness and tidiness, payment provision shall be

Go to Table of Content
incorporated into all works contracts including term contracts and design and build contracts.
The item on site cleanliness for works contracts that are BQ based are to be marked ‘Quantity
Provisional’ to cater for Contractors over-running the time for completion of Contracts.
Payment will continue to be made (if justified) throughout the construction period even if the
Contractor is in culpable delay. The purpose of continuing the payment is to ensure that the
Contractor shall continue the cleaning and tidying up of the Site irrespective of the work
progress.

Sample BQ, method of measurement and guidelines for preparing the section on site
cleanliness are given in DEVB TCW No. 8/2010.

>>>
7.8 SITE SAFETY AND ENVIRONMENTAL MANAGEMENT

Go to Table of Content
7.8.1 Pay for Safety and Environment Scheme (PFSES)

With the promulgation of ETWB TCW No. 19/2005, all appropriate tenders included
in the Pay for Safety and Environment Scheme (PFSES) shall include a separate “Site Safety
and Environmental Management” section in the BQ. A number of sample BQ and guidelines
for preparing the “Site Safety and Environmental Management” Section of BQ are given in
ETWB TCW No. 19/2005, the Interim Guidance Note on Administration of Environmental
Management and Pay for Safety and Environment Scheme for Public Works Contracts
promulgated under SETW’s memo ref. (014G7-01-1) in ETWB(W) 517/91/01 dated

>>>
19.6.2006, and SDEV’s memo ref. (01KKA-01-8) in DEVB(W) 810/83/09 dated 11.10.2007.
Please also see Paragraph 9.15.

Go to Table of Conten
7.8.2 Site Safety Cycle (SSC)

Payment for Site Safety Cycle (SSC) shall be made under the PFSES by including
appropriate sections in the Method of Measurement and appropriate items in the BQ. The
main item to be included for payment is collectively referred to as ‘Pre-work Activities’
which comprise the following activities on one day:

(a) Pre-work Exercise and Safety (PES) meetings;

(b) Hazard Identification Activity (HIA) meetings; and

(c) Pre-work Safety Checks.

Another payment item under the SSC is the provision of ‘Safety Bulletin Board’.

Guidelines for the SSC are given in ETWB TCW No. 30/2002. The updated

Chapter 5 (Rev. 1) 39
Project Administration Handbook for Civil Engineering Works 2012 Edition

sample BQ is incorporated into Appendix E to ETWB TCW No. 19/2005, the Interim
Guidance Note on Administration of Environmental Management and Pay for Safety and
Environment Scheme for Public Works Contracts promulgated under SETW’s memo ref.
(014G7-01-1) in ETWB(W) 517/91/01 dated 19.6.2006, and SDEV’s memo ref.
(01KKA-01-8) in DEVB(W) 810/83/09 dated 11.10.2007.

7.8.3 Management of Contaminated Soil

Tender documents should indicate restrictions, if any, on disposal of contaminated soil

Go to Table of Content
from a project based on the agreed arrangements with EPD where appropriate (See Paragraph
3.1.2(g) of Chapter 3). Tenderers should be reminded that permission for disposal of
contaminated soil at landfills needs to be obtained from EPD prior to the delivery of the
contaminated soil to landfills.

In case the treatment or disposal arrangement of contaminated soil is subject to further

assessment during contract stage, appropriate contract provisions should be provided to draw
the tenderers attention and to allow for the possible variances in handling of contaminated soil.

7.8.4 Welfare Facilities for Workers

>>>
To take care of the needs and welfare of workers and to promote site cleanliness and
hygiene, the Contractor is required to provide storage compartments, drinking water facilities,

Go to Table of Content
toilet facilities, hand-wash facilities and rubbish bins. Showering facilities may also be
required depending on the number of workers on site. These provisions shall be included in
the Preliminary Items ‘Temporary Accommodation for the Contractor’ or ‘Contractor’s Site
Accommodation in the Preliminaries’ as appropriate by incorporating the sample Particular
Preamble stipulated in ETWB TCW No. 30/2002.

7.9 TRIP TICKET SYSTEM

Sample Particular Preamble is provided in DEVB TCW No. 6/2010 for the

>>>
requirement of Site Management Plan for Trip Ticket System.

Go to Table of Conten
7.10 PRESEVATION AND PROTECTION OF PRESERVED TREES & OLD &
VALUABLE TREES

Sample contract provisions, guidelines and reference information for preservation

and protection of preserved trees and Old and Valuable trees can be found in the Cyber
Manual for Greening or the direct link (http://devb.host.ccgo.hksarg/).

7.11 MEASUREMENT PROCEDURES

The project engineer should open a measurement file before any taking-off
commences and issue instructions to his staff regarding the method of measurement to be
adopted and any other guidance he considers necessary for the preparation of the BQ.

Standard forms for taking-off, abstracting and billing are included in Chapter 9
(Measurement Procedure), and should be used. All taking-off and abstract sheets should be

Chapter 5 (Rev. 1) 40
Project Administration Handbook for Civil Engineering Works 2012 Edition

signed and dated by the officer preparing them and inserted into the measurement file.

The project engineer should arrange to have the taking-off sheets, abstract sheets and
the bills checked to ensure correctness in all respects. Checked documents should be dated
and signed by the officer who carries out the checks.

7.12 PAY FOR MONITORING PAYMENT OF WAGES

Go to Table of Content
Reference should be made to Paragraph 9.11 of this Chapter for sample Particular
Preambles and BQ for implementing “Pay for Monitoring Payment of Wages”.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 41
Project Administration Handbook for Civil Engineering Works 2012 Edition

8. DRAWINGS

8.1 DRAWINGS INCLUDED WITH TENDER DOCUMENT

These should be listed in the PS and should include sufficient drawings to enable the
tenderers to price the tender properly. Amongst these should be a general layout plan,
general arrangement drawings, typical structural details and any other drawings required for
providing tenderers with a good perspective of the extent and nature of the work.

Go to Table of Content
8.2 DRAWINGS NOT INCLUDED WITH TENDER DOCUMENTS

It is not uncommon that drawings giving site investigation information, utilities

drawings and reinforcement details drawings are not included with the tender documents. In
that case, they should be listed in the PS and should be made available for inspection by
tenderers during the tender period. These drawings, when forming part of the Contract,
should be issued to the Contractor at the commencement of the Contract. Standard
drawings, if applicable to the Contract, should be listed (specifying the applicable version) in

>>>
the PS but may be excluded from the tender documents and the subsequent Contract
documents if they are available in the department’s website. Otherwise, they should be
made available for inspection by tenderers during the tender period, and, if necessary, be

Go to Table of Content
issued to the Contractor at the commencement of the Contract.

8.3 DRAWINGS NOT FORMING PART OF THE CONTRACT

Drawings giving information only, including site investigation plans and existing
utilities plans, do not form part of the Contract and should be stated as such so as to avoid
possible future claims. A note should also be added on the drawings to disclaim
responsibility for the accuracy or sufficiency of the information given. They should be

>>>
made available for inspection by the tenderers during the tender period.

Go to Table of Conten
8.4 ELECTRONIC DRAWINGS
(Ref.: WBTC No. 7/2000 and ETWB TCW No. 7/2000A and SDEV’s memo ref.
( ) in DEVB(W) 511/70/02 dated 4.7.2012

If tender/contract drawings are available in electronic form, a

tenderer/contractor may ask the Engineer designate/Engineer for the supply of
additional copies of such tender/contract drawings in electronic form for the purpose of
preparing/administrating his tender/contract. The charges for supplying electronic
drawings are announced by DEVB periodically. The current charges as announced
via SDEV’s memo ref. ( ) in DEVB(W) 511/70/02 dated 4.7.2012 are as follows: -

(a) Handling Charge - $43 per drawing

Chapter 5 (Rev. 1) 42
Project Administration Handbook for Civil Engineering Works 2012 Edition

(b) Material Charge

Material Unit Charge (HK$)

(i) 700MB CD-ROM $1.0
(ii) 4.7GB DVD+/-R $1.5

The electronic drawings should only include the data files. They should not
include any executable programmes.

Go to Table of Content
Before electronic drawings are issued, the tenderers/contractors should be
asked to confirm their acceptance of the following terms of use on electronic drawings.

(a) When electronic drawings are issued, the Engineer designate or the
Engineer should advise the tenderer/contractor in writing that while every
care has been taken to check the integrity of the electronic drawings, no
guarantee can be given that the electronic drawings are free from
computer viruses and that neither he nor the Employer will be responsible
for any direct or consequential damage or losses resulting from any

>>>
computer viruses that may be contained in the electronic drawings.

(b) The tenderer/contractor should also be advised that electronic drawings

Go to Table of Content
are issued only for the convenience of the tenderer/contractor and they do
not form part of the tender/contract documents. There may be a loss of
fidelity when the drawings are displayed on the tenderers/contractors
system because the preservation of fidelity will depend on proper system
settings. If there are discrepancies between the electronic drawings and
the tender/contract drawings in hard copy format, the latter should
prevail. The Employer and the Engineer or the Engineer designate will
not accept any liability arising from any discrepancies between the
electronic drawings and the tender/contract drawings.

>>>
Furthermore, If the electronic drawings contain digital map data supplied by
the Lands Department, the Engineer designate or the Engineer shall require the
tenderer or, as the case may be, the contractor to provide a duly signed undertaking in

Go to Table of Conten
the form set out in Appendix 5.7 before these electronic drawings are issued.

To assure authenticity, the Engineer designate or the Engineer shall digitally

sign electronic drawings with the digital certificates issued by Certification Authorities
approved by the Office of the Government Chief Information Officer (OGCIO) under
the Electronic Transactions Ordinance (Cap. 553).

If the tenderer/contractor has provided an undertaking on the use of

Government digital map data, the Engineer designate or the Engineer shall check that
the tenderer/contractor has executed and returned the "Confirmation by contractor on
cessation of the use of Government digital map data" set out in Appendix 5.10 on the
tenderer submitting its tender or the contractor having completed the relevant work.

Chapter 5 (Rev. 1) 43
Project Administration Handbook for Civil Engineering Works 2012 Edition

9. SPECIAL TOPICS

9.1 MULTI-CONTRACT AND SINGLE CONTRACT ARRANGEMENTS

Where the required financial and manpower resources are available, the contracts of
a multi-contract project are normally carried out in parallel to enable the completion of the
project in the shortest possible time.

Go to Table of Content
Some of the issues that need to be considered and provided for in a multi-contract
project would include:

(a) Site access,

(b) Facilities (provided by the Contractor) for other contractors,

(c) Works areas,

(d) Staged possession and handing over of site, and

>>>
(e) Consequence of delay in any one of the contracts on other contracts.

Go to Table of Content
Suitable provisions should be made in the constituent contracts to cover these and
other relevant issues. Such provisions should be made in the SCC, PS and Drawings, where
appropriate.

For projects (i) involving sequential handling-over of the project site among
contractors of concurrent contracts and/or (ii) in which the work progress of one contractor is
dependent on that of another contractor in the same project, the compatibility of the
multi-contract arrangement with the preferred contract forms of the project should be
carefully assessed. For instance, before adopting the arrangement of implementing a

>>>
conventional contract for civil works and a design-and-build contract for E&M works at the
same time, the pros and cons of such arrangement should be thoroughly compared with that
of combining the civil and the E&M works into a single contract.

Go to Table of Conten
For projects involving substantial underground works, and hence with a relatively
high degree of uncertainty, consideration should be given to reducing risks by carrying out
works at different locations under separate contracts to be undertaken by different
contractors. However, before deciding on adopting this approach, its benefits would have to
be balanced against possible demerits such as the reduction in economy of scale and the need
for greater management effort to deal with contract interface problems.

For time-critical projects, whilst it may be desirable to adopt advance contracts to

capture programming benefits, demerits of such arrangement such as introduction of
additional contract interfaces should be carefully assessed (also see Paragraph 9.19 on
time-critical projects).

It is important that all the merits and demerits of using multi-contract arrangement in
a project should be thoroughly assessed before deciding on the most appropriate number and
form of contracts in a project.

Chapter 5 (Rev. 1) 44
Project Administration Handbook for Civil Engineering Works 2012 Edition

For multi-contract projects, those parts of tender documents delineating the split of
the works, particularly the drawings and bills of quantities, should be carefully checked to
ensure consistency and that there is no omission or duplication of works at the interface.

9.2 COMPLETION IN SECTIONS

For contracts to be completed in Sections, the tender documents, i.e. the Form of
Tender, SCC, PS and Drawings, where appropriate, should explicitly define the extent of the

Go to Table of Content
various Sections and their respective time for completion. Separate amounts of liquidated
damages and minimum amounts of liquidated damages, if any, should be set for each Section
of the Works in the Appendix to the Form of Tender.

Each Section should preferably be a self-contained package of work. Great care

should be taken in defining the extent of each Section to avoid any possibility of ambiguity.
There should be no overlapping between Sections and all the Sections should add up to be the
Works.

>>>
9.3 CONTRACTOR’S DESIGNS AND ALTERNATIVE DESIGNS

9.3.1 Pre-contract Stage

Go to Table of Content
(Ref.: ETWB TCW No. 25/2004, SDEV’s memo ref. (01TAM-01-7) in
DEVB(W) 536/70/03 Pt. 2 dated 7.1.2009 and SDEV’s memo ref. (02245-01-13)
in DEVB(W) 510/34/01 dated 6.10.2009)

Departments may, subject to the approval of an officer at D2 rank or above,

require tenderers to submit complete tenders incorporating their own proposals for the
design of part of the Works which is not covered by the Engineer's design, in the
following cases:

(a) Where such part of the Works is in a specialist or developing field;

>>>
(b) Where such part of the Works includes materials and construction
methods, the design of which requires the specialist experience of

Go to Table of Conten
contractors or suppliers;

(c) Exceptionally, where the detailed design of such part of the project is
insufficiently advanced and the completion of the project is urgent;

(d) For piling works where several solutions are available to implement the
Works; and

(e) For works of a limited lifespan, e.g. a temporary footbridge within a

larger project.

Where there is a potential for better value for money, departments are required
to critically consider the option of inviting tenderers of works contracts to submit
alternative design during tendering in accordance with ETWB TCW No. 25/2004. In
such circumstances, departments may, subject to the approval of an officer at D2 rank
or above, invite tenderers to submit tenders incorporating their own alternative designs

Chapter 5 (Rev. 1) 45
Project Administration Handbook for Civil Engineering Works 2012 Edition

for a certain part of the Works notwithstanding that a design for that part of the Works
has been provided by the Engineer. Departments shall specify in the tender documents
that part of the Works for which alternative designs are invited. Departments are
required to properly document the justifications for not inviting tenderers to submit
alternative designs for future reference and auditing purposes.

In requiring or inviting tenderers to submit tenders based on their own designs

for part of the Works, departments should take note of the following guidelines:

Go to Table of Content
(a) The tender documents shall contain specific and complete instructions to
tenderers including a complete set of design criteria, outline drawings,
survey plans and any requirements pertaining to that part of the Works
for which tenderer’s design proposals are required or alternative design
proposals are invited (in a PS Clause);

(b) Where applicable, a clear indication to tenderers of materials and

methods of construction which would not be considered shall be given in
the tender documents; and

>>>
(c) A reasonable tender period and validity period shall be allowed,
consideration being given to the time required to formulate and prepare a
design in sufficient detail and for a reasonable assessment to be made

Go to Table of Content
during the tender assessment period.

Where alternative designs for certain part of the Works are invited, tenderers
may elect to submit a tender conforming with the Engineer’s design and/or in
accordance with the invitation an alternative tender incorporating the tenderer’s
alternative design for that part of the Works (hereinafter refer to conforming tender
and alternative tender respectively). It is not necessary that an alternative tender must
be accompanied by a conforming tender. Where there is no invitation for alternative
tender or design, alternative tenders or designs shall not be considered.

>>>
The contractual provisions to be incorporated into the tender documents are
given in ETWB TCW No. 25/2004 and SDEV’s memo ref. (02245-01-13) in DEVB(W)
510/34/01 dated 6.10.2009.

9.3.2 Contract Stage Go to Table of Conten

(Ref.: ETWB TCW No. 25/2004 and SDEV’s memo ref. (02245-01-13) in
DEVB(W) 510/34/01 dated 6.10.2009)

In respect of alternative design (or Cost Savings Design) at contract stage, the
contractual provisions to be incorporated into the tender documents are also given in
ETWB TCW No. 25/2004 and SDEV’s memo ref. (02245-01-13) in DEVB(W) 510/34/01
dated 6.10.2009.

9.4 CONSTRUCTION RELATED INSURANCE

9.4.1 Care of the Works Insurance and Third Party Liability Insurance

(a) ETWB TCW No. 6/2005 sets out guidelines on the application of a systematic

Chapter 5 (Rev. 1) 46
Project Administration Handbook for Civil Engineering Works 2012 Edition

risk management (SRM) process in public works projects. All public works
programme projects with cost estimates in excess of $200M will be required to
go through a SRM process promulgated under the subject circular. The risk
management process comprises a systematic approach to risk planning,
identification, assessment and treatment. One of the treatment options
available is to transfer certain risks to insurers through proper contract
documentation.

(b) For public works programme projects with cost estimates below $200M,

Go to Table of Content
ETWB TCW No. 6/2005 does not apply. However, for the purpose of
assessing whether insurance is required for the respective contracts under that
particular public works programme project, departments should adopt a similar
approach to risk assessment and treatment set out under ETWB TCW No.
6/2005 to reach a decision on the matter.

(c) The result of the risk-based assessment on insurance procurement should be

properly documented and endorsed by an officer at D2 rank or above.

(d) If the result of the SRM process dictates that insurance procurement is the

>>>
proper treatment of the identified risks, two options exist on the procurement
of construction insurance viz: -

Go to Table of Content
(i) Owner Controlled Insurance Programme (OCIP)
(ii) Contractor Controlled Insurance Programme (CCIP)

(e) Coverage for the contract works (Care of the Works) or for liability emanating
therefrom (Third Party Liability) should be procured in the joint-names of the
Owner (i.e. Government/Works Department), the Contractors (including co-
and sub-contractors) and their servants or agents in any tier and/or consultants
for their site activities only. The determination of the amount of insurance
coverage should follow the quantitative assessment methods outlined in the
SRM procedures. This can be procured by either OCIP or CCIP. If the

>>>
requirement for insurance is specified, the contract should state clearly by way
of inclusion of suitable special conditions, what insurance is required and who
is responsible to arrange the insurance. In cases where the nature and extent

Go to Table of Conten
of the risks identified in the SRM process which require insurance are routine
and are considered insignificant, the procurement of insurance should be left
with the Contractor on a self-arranged basis and the contract makes no
mention of the requirement for insurance. The Employer, in this event, relies
on the indemnity clauses under the contract for protection.

(f) For contract specified insurance, strategies have been developed on how
insurances are to be procured for the following categories of contracts: -

I Major projects which are significant and are multi-contract,

multi-discipline in nature and involve interfacing and interdependencies
or large and complex difficult contracts.
II Minor Works or small value contracts and Term Maintenance contracts.
III All other contracts.

A determination of which category the contract in question falls should be

Chapter 5 (Rev. 1) 47
Project Administration Handbook for Civil Engineering Works 2012 Edition

made.

(g) Procurement of insurances should be considered on the following basis for

each category: -

Category I – Consideration should be given to procurement on an OCIP basis.

The insurance clauses within the contract conditions for the contract works and
third party liability coverage should state that the Employer will procure the
insurance. These clauses are contract-specific and the project department

Go to Table of Content
should seek LAD(Works)/DEVB’s assistance in drafting these provisions.
The procurement may be taken to cover a number of concurrent or
inter-related contracts.

The engagement of a specialist construction insurance adviser is recommended

in the structuring of the programme. The insurance adviser shall have a sound
understanding of construction risk, SRM and shall familiarise themselves with
the specific risk profile of the project at hand.

Departments may consider the inclusion of the service of an insurance adviser

>>>
as part of the main consultancy. The insurance adviser can advise on the
coverage, policy wording and the method of procurement either by OCIP or
CCIP. The service of the insurance adviser can be retained up to the tender

Go to Table of Content
stage of the construction contract or continued throughout the construction
stage depending on the actual requirements. If CCIP is adopted and
specified, the standard policy as described in Appendix B of ETWB TCW No.
7/2005, suitably modified and extended may be considered together with the
special contract clause in Appendix A of ETWB TCW No. 7/2005.

Category II – The insurance clauses within the contract conditions should state
that the contract works insurance should be procured by the contractor together
with a primary HK$10M limit of indemnity for third party liability insurance
i.e. a CCIP arrangement for the primary layer of liability. This limit should

>>>
be for any one occurrence.

Above the HK$10M limit of indemnity for third party liability, project

Go to Table of Conten
departments should arrange an excess liability policy for all minor works and
term contracts within the department for HK$XM (exact sum determined via
the SRM process) any one occurrence in excess of the contractor’s primary
HK$10M any one occurrence policy, providing a total limit of liability of
HK$(10 + X)M any one occurrence. The arrangement will effectively be a
multi-layer placement with a combination of a CCIP placement for the primary
layer and an OCIP placement for the secondary layer. Again, the
engagement of a specialist construction insurance adviser is recommended in
the structuring of the OCIP placement for the secondary layer. Multi-layer
insurance placement may also be suitable for Category I projects subject to the
result of the SRM taking into consideration the recommendation of the
insurance adviser and having regard to the prevailing market conditions.

Category III – The insurance clauses within the contract conditions should
state what insurance(s) the contractor is required to procure, i.e. the contract
works insurance, or the third party liability insurance, or both. This is a

Chapter 5 (Rev. 1) 48
Project Administration Handbook for Civil Engineering Works 2012 Edition

traditional approach and the placement is solely on the basis of a CCIP

arrangement. Standard contract provisions for use in term contracts (primary
layer) and capital works contracts and a standard policy are available for a
CCIP placement and these are given in Appendix A and Appendix B of ETWB
TCW No. 7/2005. Risk assessment may show that additional coverage or
different policy wordings to those contained in the standard policy are required
and in such case, the department may look for the advice of an insurance
adviser, either employed independently or under the main consultancy as
suggested above.

Go to Table of Content
(h) Other key factors to consider in procuring construction related insurance
should refer to ETWB TCW No. 7/2005.

9.4.2 Professional Indemnity Insurance (PII)

For works contracts involving contractors’ designs or independent checking of

contractors’ designs including design and build contracts, a risk management approach shall
be adopted in assessing whether PII is required to be procured, and if required, the amount of
cover required so as to associate the PII requirements with the anticipated risk exposure. In

>>>
respect of contractors’ design and alternative design invited during the pre-contract stage,
DEVB TCW No. 9/2007 promulgated the revised requirements of PII to be taken out by
the relevant parties including consultants, contractors, their designers and independent

Go to Table of Content
checking engineers. In line with the changes brought about by DEVB TCW No. 9/2007,
SDEV via his memo ref. (02245-01-13) in DEVB(W) 510/34/01 dated 6.10.2009 made
amendment to the contractual provisions in respect of PII requirements for alternative design
(or Cost Savings Design) at contract stage given in ETWB TCW No. 25/2004, and for
consistency between the related SCCs made minor amendment to DEVB TCW No. 9/2007.

The amendments to these TCWs are summarized as follows:

ETWB TCW No. 25/2004

>>>
(a) SCC(B), SCC(D) and SCC(F) at Appendix C are to be replaced by the revised
SCC(B), SCC(D) and SCC(F) respectively.
(b) SCC(B) and SCC(D) at Appendix E are to be replaced by the revised SCC(B)

Go to Table of Conten
and SCC(D) respectively.

DEVB TCW No. 9/2007

(c) SCC(A) at Appendix E is to be replaced by the revised SCC(A).

9.4.3 Insurance for works within or adjacent to Railway

When carrying out any work within the Railway Protection Area, which could affect
the operation of the railway in any way whatsoever, the Engineer shall, in consultation with
MTRCL, consider providing for third party insurance in the Contract, in accordance with the
provisions of ETWB TCW No. 7/2005.

Chapter 5 (Rev. 1) 49
Project Administration Handbook for Civil Engineering Works 2012 Edition

9.4.4 Provision of BQ items for construction related insurance

Where insurance against damage to the Works or third party risks is required under
the Contract, separate items should be provided in the BQ for the Contractor to price the cost
of such insurance pursuant to Standard Method of Measurement for Civil Engineering Works
(1992 Edition). Where PII is required to be procured, a separate item should be provided in
the BQ for the Contractor to price the cost of such insurance pursuant to DEVB TCW No.
9/2007.

Go to Table of Content
9.5 CONTRACTOR’S SUPERINTENDENCE

The requirement for the Contractor to be represented at all times on the Site by a
competent and authorized English speaking agent is stipulated in GCC Clause 17. The
Engineer’s authority to withdraw his approval of the Contractor’s agent, thus causing this
agent to be removed from the Site, is also stated in GCC Clause 17. See also the GS and the
Guidance Notes on the GS.

The qualifications of the Contractor’s surveyor responsible for the setting out of the

>>>
Works are not particularly specified either in the GCC or the GS. However, it may be
inferred from GCC Clauses 18 and 19 that he should be skilled and experienced. It should
be noted that any person employed by the Contractor who is considered incompetent may be

Go to Table of Content
objected to by the Engineer, and thus removed from the Works, in accordance with GCC
Clause 18.

9.6 CONTRACT TRANSPORT

(Ref.: D of Audit’s memo ref. (1) in UI/GLD/GEN/0-1 dated 9.8.2004, Value for
money audit: Management of the government vehicle fleet)

Contract transport refers to land or marine transport provided for use by the
Engineer (and his staff) and the Employer (and his employees) under the Contract. See

>>>
LWBTC No. 11/84 and the GS for more details.

Contract transport should only be included under the Contract where it has been

Go to Table of Conten
established that such transportation is essential to the supervisory staff for the adequate and
proper supervision of the Works and for the discharge of other related duties. Critical
examination for justifications to provide contract transport shall be made with due regard to
meeting the operational need. The possibility of shared use of contract transport with other
relevant on-going contracts shall also be taken into account in the critical examination. In
particular, the adequacy of public transport for accessing the site direct shall be assessed in
determination of the quantity of contract transport. In making such determination, the
project office should not take into account the need to provide contract transport to serve the
site staff to and from the site if the site is adequately served by public transport. The prior
approval of an officer at D2 rank (D3 for HyD according to HyD’s internal procedures) or
above is required for the provision of contract transport.

The specification should be less restrictive so that there may be scope for savings.
Paragraph 7.1 of the LWBTC No. 11/84 states that a new motor vehicle will not always be
required; however, where a used motor vehicle will suffice, it is suggested that it should not
be more than 2 years old when first brought to Site.

Chapter 5 (Rev. 1) 50
Project Administration Handbook for Civil Engineering Works 2012 Edition

9.7 MATERIALS TESTING ARRANGEMENT

9.7.1 General Considerations

Unless Chief Geotechnical Engineer/Standards and Testing of GEO (CGE/S&T)

advises otherwise, all materials compliance testing required by the Contract or by the
Engineer must be done through Public Works Laboratories (PWL). CGE/S&T may also

Go to Table of Content
advise on whether an additional Regional Laboratory should be established to meet the
testing demand. On such occasion, the project office should liaise with CGE/S&T regarding
the preparation of detailed layout plans, equipment lists and other contract requirements for
incorporation into suitable works contracts.

CGE/S&T should be consulted at an early stage in project planning regarding the

testing demand for testing services. In order to facilitate CGE/S&T to provide advice, the
project office should supply full details of the anticipated testing required, including
information on quantities and the programme. If CGE/S&T considers that certain tests
cannot be undertaken by PWL, then such tests have to be performed by an independent

>>>
laboratory (i.e. with no affiliation as a legal entity to the Contractor and its sub-contractors)
subject to approval by the Engineer. Test results obtained from a laboratory other than PWL
should be checked by periodic verification using another independent laboratory to conduct

Go to Table of Content
identical tests on items selected from the same samples, or as advised by CGE/S&T.

Due to potential conflict of interest, only in very exceptional circumstances may

compliance testing by the Contractor be specified and this should be provided through the
provision of suitable PS clauses in the contract documents. CGE/S&T should be consulted
in this regard. Where the cost of testing is not otherwise catered for in the Contract, then
consideration should be given to including a separate item in the BQ.

See also WBTC No. 14/2000.

>>>
9.7.2 Provision of Testing Equipment

Testing equipment for use on sites can be provided either:

(a) On loan from the PWL (or from the Employer), or Go to Table of Conten

(b) By making appropriate provision in the contract documents.

The list of equipment required for a particular contract should be forwarded at

contract design stage to CGE/S&T who will decide whether:

(a) All (or a part) of the testing equipment can be supplied on loan from the Public
Works Laboratories, or

(b) All (or a part) of the testing equipment should be supplied by the Contractor
and remain his property on completion of the works, or

(c) All (or a part) of the testing equipment should be supplied by the Contractor
and become the property of Government on completion of the works.

Chapter 5 (Rev. 1) 51
Project Administration Handbook for Civil Engineering Works 2012 Edition

Provision of testing equipment on loan from the PWL will be recommended if

stocks are available. Provision of testing equipment by the Contractor which is to become
the property of the Employer on completion of the Works will generally be recommended if
the testing equipment is likely to be useful to the Employer and is in good condition at the
end of the Contract. In each case CGE/S&T will seek approval from the Director of
Government Logistics for any testing equipment acquired in this way, and will arrange for
the testing equipment to be taken on charge at an appropriate time. The provision in the
Contract for the maintenance and taking over of the testing equipment should be agreed with

Go to Table of Content
CGE/S&T.

Additional or replacement of testing equipment may be ordered through a variation

order during the Contract. The same procedures for the provision of testing equipment as
described above should be followed.

9.8 SUPPLY OF MATERIALS BY GOVERNMENT

The Contractor should normally obtain all materials necessary for use in the Works

>>>
from his own sources except for:

(a) Materials specially pre-ordered by the Government under a separate contract,

Go to Table of Content
(b) Materials provided from the Government stock,

(c) Materials produced by the Correctional Services Department, e.g. precast

concrete products, retro-reflective traffic signs, metal road dividing railings,
and traffic signposts. (See FC No. 2/2008)

Before making provision in a Contract for certain materials to be supplied by

Government, confirmation must be obtained from the relevant authority of the availability of
the particular materials within the required time period. In the case of pre-ordered materials

>>>
under another contract, the delivery date of the materials must be known in advance.

Go to Table of Conten
9.9 SUB-CONTRACTS FOR SPECIALIST WORKS

(a) General

Very often the Engineer may wish to retain control over which sub-contractor
will carry out certain specialized work under the main contract. This may be
achieved by writing into the main contract one of the following two
alternatives:

(i) The specialized work shall be carried out by a Nominated Sub-contractor

(GCC Clauses 65 to 70), or

(ii) If the Contractor is not included in the List of Approved Suppliers of

Materials and Specialist Contractors for Public Works or the List of
Approved Contractor for Public Works, then the Contractor shall enter into
written sub-contracts with the approved listed contractors in the relevant

Chapter 5 (Rev. 1) 52
Project Administration Handbook for Civil Engineering Works 2012 Edition

Groups, Category and Class for the execution of the respective part of the
Works.

(b) Nominated Sub-contracts

The employment of Nominated Sub-contractors on civil engineering works is

not encouraged, because of the potential contractual problems. However,
when highly specialized work constitutes a significant part of the project and
the co-ordination of separate contracts would pose severe difficulties, it may

Go to Table of Content
be preferable to use the system of Nominated Sub-contracts. When this is
proposed the approval of the relevant Chief Engineer (or higher) responsible
for the administration of the particular contract should be obtained.

Documents for Nominated Sub-contracts should be prepared following the

guidelines set out in Paragraphs 2 to 8 of this chapter using a separate set of
Conditions of Tender, Articles of Agreement and Conditions of Sub-contract.

(c) Sub-contracts with Specialist Contractors on the Approved List

>>>
This method is commonly used in requiring the employment of specialist
contractors for works such as piling, bridge bearings, permanent prestressed
ground anchors, landscaping, planting, supply and installation of machinery

Go to Table of Content
for sewage treatment works and asbestos abatement works. WBTC No.
25/94 introduces the Standard Form of Domestic Sub-contract for specialist
works (1994 Edition). The form has been drafted to suit the GCC for
Building Works only and may not suit the GCC for Civil Engineering Works.
Advice should be sought from Contract Advisers if it is proposed to
incorporate the form into an engineering contract.

(d) Sub-contracts with Contractors on the Approved List in the Waterworks

category

>>>
See WBTC No. 29/93 for details.

(e) Sub-contracts with Contractors on the Specialist Contractors List of Supply of

Go to Table of Conten
Bituminous Pavement Materials and Construction of Special Bituminous
Surfacing

See WBTC No. 17/96 for details.

9.10 DISPOSAL OF EXCAVATED MATERIALS

If excavated materials are to be disposed of off Site, the specifying of particular

disposal areas in the Contract should be made. Reference should be made to paragraph
4.1.3 of Chapter 4 of the PAH, WBTC Nos. 2/93, 2/93B, 16/96, 4/98, 4/98A, ETWB TCW
Nos. 34/2002, 31/2004 and 19/2005, the Interim Guidance Note on Administration of
Environmental Management and Pay for Safety and Environment Scheme for Public Works
Contracts promulgated under SETW’s memo ref. (014G7-01-1) in ETWB(W) 517/91/01 dated
19.6.2006, SDEV’s memos ref. (01KKA-01-8) in DEVB(W) 810/83/09 dated 11.10.2007 and
ref. (01N5V-01-2) in DEVB(W) 810/83/09 dated 24.12.2007. The project engineer should

Chapter 5 (Rev. 1) 53
Project Administration Handbook for Civil Engineering Works 2012 Edition

estimate the timing and the quantities of excavated materials (the secretary of the Marine Fill
Committee and the Public Fill Committee should be kept fully informed of anticipated
volumes of excess fill in accordance with WBTC No. 12/2000) and confirm with the
managing office of the disposal areas as to their availability. The PS should require the
Contractor to dispose of excavated materials at the specific locations and make provision for
checking that he complies with this requirement. The relevant BQ items should be provided
accordingly. This procedure should also be followed when it is considered desirable for the
Contractor to dispose of excavated materials at a specific location irrespective of the
quantities of excavated materials.

Go to Table of Content
The Construction Waste Disposal Charging Scheme came into operation on 1
December 2005. A standard Note to Tenderers is given in SETW’s memo ref.
(00W45-01-9) in ETWB (W) 810/72/01 dated 21.11.2005.

9.11 CONTRACT MEASURES TO PREVENT NON-PAYMENT OF WAGES

(Ref.: SDEV's memo ref. (027RU-01-3) in DEVB(W) 510/17/01 dated 16.7.2010
and SDEV's memo ref. (02FYE-01-11) in DEVB(W) 510/17/01 dated 27.7.2012)

>>>
Since 2008, DEVB has promulgated a set of contract measures to prevent
non-payment of wages for implementation in all works contracts except maintenance
contracts and E&M supply and installation contracts.

Go to Table of Content
The contract measures for preventing non-payment of wages were promulgated
under SDEV’s memo dated 16.7.2010. A revised Special Conditions of Contract
SCC[xx] and SCC[Y] was promulgated under SDEV’s memo dated 27.7.2012 for all
capital works contracts (except E&M supply and installation contracts) with tenders
invited on or after 1 September 2012. The provisions are set out at Appendix 5.14 (for
consultant administered capital works contracts) and Appendix 5.15 (for in-house capital
works contracts). A specimen employment contract is at Appendix 5.16 (as
promulgated under SDEV’s memo dated 27.7.2012) and a standard insurance policy for
the self-employed at Appendix 5.17 (as promulgated under SDEV’s memo dated

>>>
16.7.2010) should be appended to the SCC of each contract.

As promulgated under SDEV’s memo dated 16.7.2010, some maintenance

Go to Table of Conten
contracts were selected for trial implementation of the contract measures to prevent
non-payment of wages. The applicability of the measures in maintenance contracts
would be monitored and assessed in the trial.

A set of “Guidelines on Wage Payment Monitoring and Reimbursement of

Contractor’s and Sub-contractors’ Contributions to the Mandatory Provident Fund for
their Site Personnel” to serve as reference for project officers, site supervisory staff and
Labour Relations Officers in the execution of the relevant contract provisions were
promulgated under SDEV’s memo dated 27.7.2012. The soft copy of the Guidelines, and
any further amendments, is available at DEVB’s website.

Chapter 5 (Rev. 1) 54
Project Administration Handbook for Civil Engineering Works 2012 Edition

9.12 SITE CRUSHERS

(Ref.: WBTC No. 11/2002)

9.12.1 Policy for Setting up Site Crushers

The hard inert C&D material, such as concrete and broken rock including rock
excavated from works projects, can be recycled into aggregates for reuse in
construction works. In order to reduce the pressure on the demand for public filling
and landfill capacity, it is essential that the reusable portion of the inert C&D material

Go to Table of Content
be recycled and put into good use. For projects requiring excavation in rock or
processing of hard inert C&D material, the project office should consider setting up site
crushers where it is technically feasible and environmentally acceptable. This
Paragraph sets out the necessary procedures and requirement for setting up site
crushers in Government projects.

9.12.2 Procedures

At the planning stage of a project that includes the establishment of a site

crusher, the project office should advise the Secretary of the Public Fill Committee

>>>
(PFC) and seek approval in principle from the Director of Civil Engineering and
Development (DCED). Approval from the Director of Environmental Protection
(DEP) is also required for installation and operation of a site crusher in respect of the

Go to Table of Content
environmental requirements. In addition, the setting up of site crushers may be
classified as a "designated" project under Schedule 2, G.5 of the Environmental Impact
Assessment Ordinance. Where appropriate, DEP should be consulted on the
environmental requirements for setting up a site crusher.

9.12.3 Crushed Rock and Recycled Products Produced by Site Crushers for Project
Use

DCED should be informed in advance if a site crusher is to be included for use

in a Government project to process hard inert C&D material including rock, which are

>>>
generated from or imported to the site for use solely in the works. No royalty will be
required by the Government in respect of the operation of a site crusher as described in
this clause, provided its installation is permitted in the lease conditions.

9.12.4 Regulating Conditions Go to Table of Conten

In every project where a site crusher is to be included, the following special

conditions, to be provided by DCED, shall be included in the tender documents:

(a) The permitted uses, and royalty rate if sales are permitted;

(b) If rock and hard inert C&D material may be imported to the site;

(c) The permitted duration for the operation of the site crusher and its
regular inspection by the Mines Division, CEDD;

(d) The submission for approval of the details of the crushing plant and its
dust control systems; and

Chapter 5 (Rev. 1) 55
Project Administration Handbook for Civil Engineering Works 2012 Edition

(e) The submission of monthly returns of production and declaration on

sales, if permitted.

If a site crusher is included in the Contract, the Pneumoconiosis Compensation

Fund Board should be informed of the details. If approval has not been obtained to use a
site crusher in a contract, a clause prohibiting the use of a site crusher should be included
in the PS.

Go to Table of Content
9.13 RESOLUTION OF DISPUTES BY MEDIATION / ADJUDICATION /
ARBITRATION

GCC Clause 86 (For term contract, GCC Clause 89) sets out the framework of
dispute resolution procedures. In summary, a dispute may go through 3 distinct stages: a
decision of the Engineer, mediation and arbitration.

Where the Engineer makes a decision on the dispute, if either the Government or
the Contractor is dissatisfied with such decision, either the Employer or the Contractor
may, within 28 days after receiving the decision, request the matter be referred to

>>>
mediation in accordance with the Government of HKSAR Construction Mediation Rules.
Detailed guidelines are given in WBTC No. 4/99 and ETWB TCW No. 4/99A. Pursuant
to WBTC No. 4/99, in all cases the merits of the dispute should be given careful

Go to Table of Content
consideration before deciding whether to agree to or to refuse mediation. Nonetheless, it
is the Government’s policy that mediation should be implemented wherever is possible to
achieve cost effective resolution of disputes.

If the matter cannot be resolved by mediation, or if either the Employer or the

Contractor does not wish the matter be referred to mediation, then either party may require
the matter to be referred to arbitration. A SCC as given in the Library of Standard Special
Conditions of Contract should be incorporated in the contract documents stating that place of
arbitration shall be in Hong Kong.

>>>
After the trial use of Dispute Resolution Advisors (DRA) and Voluntary
Adjudication (VA) in public works contracts for several years, DEVB promulgated in
March 2011 to implement the DRA system in conjunction with VA in all capital

Go to Table of Conten
engineering works contracts, subject to the following selection criteria:

(a) Civil and E&M engineering capital works contracts with estimated
contract sums exceeding $200M, except for those contracts which are of
routine nature and primarily straightforward. Approval for exemption
could be given by an officer of not lower than D2 level of the procuring
Works Department; and

(b) Works Departments should also consider adopting the DRA system in Civil
and E&M engineering capital works contracts with estimated contract sums
not exceeding $200M, taking into account the complexity of the works. In
this regard, the decisions and justifications as to whether or not the DRA
system is adopted in these contracts should be properly documented and
endorsed by officers of not lower than D2 level of the procuring Works
Departments.

Chapter 5 (Rev. 1) 56
Project Administration Handbook for Civil Engineering Works 2012 Edition

An updated version of the DRA and VA documents can be downloaded from

Works Group Intranet at http://portal.etwgi.etwb.hksarg/. The reference should be
SDEV's memo ref. (02BBG-01-5) in DEVB(W)506/00/01 of 24 March 2011.

9.14 COMPUTER FACILITIES FOR WORKS CONTRACTS

(Ref. Item Ref. 5.5 of Strategic Review of Project Administration Handbook for
Civil Engineering Works, Progress Report on Second Stage Implementation of
Review Proposal dated March 2005)

Go to Table of Content
Contract provisions for specifying and paying for contract computer facilities are
given in ETWB TCW No. 12/2004. The cost of the contract computer facilities should not
exceed 1% of the estimated contract sum and should comply with the prevailing
Departmental Technical Specification (both Hardware Specification and Software
Specification). The proposal should be approved by an officer at D1 rank or above. The
project office shall further seek the endorsement of the Departmental Computer Services Unit
if the proposal includes any one or all of the items described in paragraph 10 of the ETWB
TCW No. 12/2004.

>>>
9.15 SITE SAFETY AND ENVIRONMENTAL MANAGEMENT

Go to Table of Content
The contractual provisions contained in Chapter 3 of the Construction Site Safety
Manual shall apply to all works contracts and term contracts, undertaken by contractors on
the List of Approved Contractors for Public Works or those on the List of Approved
Suppliers of Materials and Specialist Contractors for Public Works, and design and build
contracts. However, owing to their small size and/or nature, some contracts may warrant
changes to the contractual provisions. Each works department is the best judge of its own
situation and needs. Project engineers shall seek advice from their Departmental Safety and
Environmental Adviser and the agreement of the appropriate (D2 rank or above) officer for
such changes.

>>>
A Safety Plan shall be a mandatory requirement for the following contracts:

(a) Works contracts, undertaken by contractors on the List of Approved Contractors

Go to Table of Conten
for Public Works or those on the List of Approved Suppliers of Materials and
Specialist Contractors for Public Works, with contract period longer than 6
months and estimated contract sums of $20M and above;

(b) Term contracts, undertaken by contractors on the List of Approved Contractors

for Public Works or those on the List of Approved Suppliers of Materials and
Specialist Contractors for Public Works, with total estimated expenditure of
$50M and above; and

(c) Design and build contracts with estimated contract sums of $20M and above.

For works contracts and design and build contracts with estimated contract sums of
less than $20M and term contracts with total estimated expenditure of less than $50M, the
criterion to decide whether safety plans are required or not is whether dangerous situations
are anticipated by virtue of the site location or the operation involved in the construction
work within the scope of the contract. Departmental Safety and Environmental Advisers

Chapter 5 (Rev. 1) 57
Project Administration Handbook for Civil Engineering Works 2012 Edition

should be consulted for advice on specific requirements.

All works contracts that are Bills of Quantities based and term contracts that are
Schedule of Rates based, shall incorporate the relevant parts of Pay for Safety and
Environment Scheme (PFSES) as provided in ETWB TCW No. 19/2005.

ETWB TCW No. 19/2005 sets out the policy and procedures requiring contractors to
prepare an Environmental Management Plan and adopt unified standards on environmental
nuisance abatement measures on sites, and expands the "pay for safety and environment

Go to Table of Content
scheme" to cover environmental nuisance.

However, interim guidance notes on the ETWB TCW No. 19/2005 regarding the
administration of "Environmental Management on Construction Sites" were issued via
SETW’s memo ref. (014G7-01-1) in ETWB(W)517/91/01 dated 19.6.2006. The guidance
notes provide the following features:

(a) The environmental management procedures and the "pay for safety and
environment scheme" are to be implemented in capital works contracts, but not
term contracts which will be dealt with separately due to their unique nature;

>>>
and

(b) in order to promote the use of quality powered mechanical equipment (QPME)

Go to Table of Content
plant, contractors using such plant in large public works contracts (i.e. those
with contract sum ≥ $200M) will be entitled to an extra payment as an
incentive under the "pay for safety and environment scheme".

To encourage owners of dump trucks serving public works contracts to install

mechanical truck covers, DEVB issued a set of sample SCC, PS, MM and BQ for inclusion
under the "pay for safety and environment scheme" (PFSES) in capital works contracts and
the "pay for safety scheme" (PFSS) in term contracts in its memos ref. (01KKA-01-8) in
DEVB(W)810/83/09 dated 11.10.2007 and ref. (01N5V-01-2) in DEVB(W)810/83/09 dated
24.12.2007. The sample contract provisions should be incorporated in the PFSES or PFSS for

>>>
public works contracts tendered from 1.11.2007 to 31.10.2010. The sample contract
provisions were no longer applicable for any contracts tendered on or after 1.11.2010. A
revised set of sample contract provisions regarding the requirements on mechanical dump

Go to Table of Conten
truck covers for application to capital works contracts with PFSES and term contracts with
PFSS tendered on or after 1.11.2010 were promulgated under SDEV’s memo ref.
DEVB(W)810/83/09 dated 24.9.2010. The main purpose of the amendment is to delete the
relevant contract provisions about payment to the dump truck owners for the installation of
mechanical dump truck covers. The sample contract provisions include the following:

(a) A set of revised clauses in the Particular Specification at Appendix 5.48; and

(b) A new clause in the Notes to Tenderers at Appendix 5.49.

All capital works contracts including design and build contracts that are included in
PFSES, the contractual provisions on Site Safety Cycle given in ETWB TCW No. 30/2002 shall
be incorporated into the contract documents.

9.16 SECTIONAL COMMENCEMENT OF THE WORKS

Chapter 5 (Rev. 1) 58
Project Administration Handbook for Civil Engineering Works 2012 Edition

(Ref.: WBTC No. 12/93)

9.16.1 General

The GCC defines “Section” as “a part of the Works for which a separate time
for completion is identified in the Contract”. GCC Clause 47 (Commencement of the
Works) does not refer to a separate date for commencement of a Section.

There are occasions when it is necessary to stipulate in the Contract

Go to Table of Content
commencement of a part of the Works designated as a Section in the Contract at a later
date than the date for commencement notified by the Engineer in accordance with GCC
Clause 47. This shall be referred to as “sectional commencement”.

9.16.2 Procedures

Where sectional commencement is required, the SCC for ‘Sectional

commencement’ given in the Library of standard SCC under SDEV’s memo ref.
DEVB(W) 546/17/02 dated 9.2.2011 shall be included in the contract documents. Any
requirement for phased possession of any Portion of the Site by the Contractor shall be

>>>
prescribed in the contract documents taking into account the different dates for
commencement of the Sections as stated or referred to in the Contract.

Go to Table of Content
It will not be necessary to invoke the said contractual arrangement in the
following circumstances where delayed commencement of part(s) (whether designated
as Section(s) or not) of the Works can be achieved by using the existing provisions in the
GCC or the library of SCC. For example :-

(a) where only phased possession of Portion(s) of the Site by the Contractor is
required the necessary contractual arrangement is stipulated in GCC
Clause 48; or

(b) where a Section of the Works Subject to Excision is required in

>>>
accordance with Paragraph 9.41 of this chapter, the necessary contractual
arrangement is already catered for by the SCC for ‘Section Subject to
Excision’ as given in the Library of standard SCC under SDEV’s memo

Go to Table of Conten
ref. DEVB(W) 546/17/02 dated 9.2.2011.

It is important to check whether or not the other contract documents contain

any cross reference(s) to GCC Clause 47 and if so, consider whether or not such
cross-reference(s) need to be amended by reason of the SCC on sectional
commencement.

9.17 ENVIRONMENTAL PERMIT

Departments shall observe the guidelines and procedures set out in ETWB TCW
Nos. 13/2003 and 13/2003A for obtaining an environmental permit (EP) for Government
projects and proposals. Depending on the nature of project and the recommendations in the
EIA reports, project proponent may choose to apply for a single EP for a project or separate
EPs for various stages of a project, such as construction, operation and decommissioning. To
maintain overall programme control and continuity, it is recommended that the project

Chapter 5 (Rev. 1) 59
Project Administration Handbook for Civil Engineering Works 2012 Edition

proponent shall apply for the necessary EPs before the commencement of project
construction and hold the EPs throughout the construction period. Such arrangement will
ensure that the EP is in place immediately after the award of the contract and hence the
Contractor can rely on the EP issued to the project proponent to commence works on the site
without the need to apply for a further EP. Department should ensure that sufficient time is
allowed for the completion of the EIA process before the issue of tender documents.

The standard clause in Paragraph 1.6.5, Appendix A of ETWB TCW No. 13/2003
shall be included in the Particular Specification for works contracts where EP has been

Go to Table of Content
obtained by the proponent for the works to safeguard against any unnecessary claims for
extension of time and additional costs from the Contractor due to application for a further EP
or any subsequent variation to the conditions of EP.

To ensure that the contractor has the full knowledge of the conditions of the EP, a
copy of the EP issued to the proponent shall be included in the Particular Specification to
form part of the tender documents and hence the contract. As part of the standard
conditions of the EP, the Contractor shall display the EP at the site throughout the
construction period. The proponent shall notify the Contractor any subsequent change or
variation to the conditions of EP.

>>>
Where the requirements in ETWB TCW No. 13/2003 cannot be complied with, the
department responsible should:

Go to Table of Content
(a) take action to critically review the results and assess the implications of the
EIA study (including the latest environment control conditions) as soon as it is
available; and

(b) if the tender documents have already been handed out, take action to
immediately inform all tenderers of the findings of the EIA study, so that they
could take the EIA findings into account before submitting their bids (SETW’s
memo ref. ETWB(B) 1552/662/CL SF(1) dated 3.12.2003 refers).

>>>
9.18 DELETION OF EXTENSIONS OF TIME FOR INCLEMENT WEATHER
(Ref.: WBTC No. 26/98)

Circumstances may arise where it is desirable to fix the completion date (e.g. to Go to Table of Conten
tie in with the opening of a school term) and hence the Contractor’s right to extensions
of time for inclement weather is deleted. Heads of departments may approve the
deletion of GCC Clause 50(1)(b)(i), (ii) and/or (iia), and submit details to the SDEV for
endorsement. Tenders must not be invited until this endorsement has been received.
The SCC on ‘deletion of extensions of time for inclement weather’ in the Library of
standard SCC under SDEV’s memo ref. DEVB(W) 546/17/02 dated 9.2.2011 shall be used
as appropriate. Other than for exceptional circumstances, a reasonable allowance for
inclement weather shall be included in the time for completion. What is reasonable
will largely depend upon the nature of the Works. In deciding whether or not to delete
sub-clause (b)(ii) and/or (iia), the risk of injury and/or damage to property must be
considered.

Nevertheless, it should be noted that where the provision for extensions of time
due to inclement weather is deleted, Contractor’s entitlement to extensions of time in

Chapter 5 (Rev. 1) 60
Project Administration Handbook for Civil Engineering Works 2012 Edition

respect of inclement weather which occurs after the expiry of the time originally
prescribed in the Contract for completion of the Works, but before the period of
culpable delay, is not deleted.

9.19 TIME-CRITICAL PROJECTS

(See SETW’s memo ref. ETWB (W) 1552/662/CL SF(1) dated 3.12.2003)

The time required for completion of time-critical projects should be critically

Go to Table of Content
assessed prior to the invitation of tenders so as to ensure that sufficient time is allowed for
completion of the works. Furthermore, the implications and potential cost of including or
deleting those contract provisions (such as provisions for granting extension of time for
inclement weather) which could adversely affect the completion date of the works as stated in
the contract documents so as to avoid the need for negotiating a supplementary agreement
with the Contractor.

For time-critical projects with multiple works contracts, sufficient float time should
be allowed between the works contracts so as to minimize the risk of the knock-on effect of
delay in one contract on other contract(s).

>>>
If the projects require input from users on their design requirements, the departments
should:

Go to Table of Content
(a) Always require users to finalise their design requirements before an agreed
cut-off date so as to avoid any design changes at a later stage; and

(b) Obtain the users’ explicit agreement to essential design requirements prior to the
letting of contracts so as to avoid delays and contractual claims arising from
changes in users’ requirements.

9.20 CONTRACTS AFFECTED BY CONDITIONS OF LAND GRANT

>>>
(See SETW’s memo ref. ETWB(W) 1552/662/CL SF(1) dated 3.12.2003)

Issues relating to any conditions of a land grant, which could have an effect on the

Go to Table of Conten
works of the contracts, should be resolved with the Director of Lands before letting of the
contracts. Departments should take prompt action to assess the implications of such
conditions before a land grant is finalized.

9.21 CONTRACTUAL PROVISIONS TO REDUCE THE RISK OF CONTRACT

FORFEITURE
(See SETW’s memo ref. ETWB(CR)(W) 1-150/4 Pt.2 dated 27.4.2004)

For time critical contracts and/or large-scale contracts, and where the contract
conditions impose a substantially higher degree of risk than normal on the Contractor, the
project office should consider implementing measures (such as the use of parent company
guarantee and performance bond) to minimize the risk of contract forfeiture and should
strictly implement the contract conditions for the provision of parent company guarantee and
performance bond (if any) to ensure the required contract instruments are submitted by the
Contractor within the stipulated time limits. For the use of performance bonds security and

Chapter 5 (Rev. 1) 61
Project Administration Handbook for Civil Engineering Works 2012 Edition

retention money, see WBTC Nos. 10/97 & 10/97A.

For large-scale works projects, the contract payment schedules should be critically
devised to ensure that progress payments are made, as far as possible, in line with the actual
progress of works.

9.22 RESTRICTED-HOUR LOCATIONS

(Ref. See SETW’s memo ref. (008BT-01) in ETWB(W) 830/31/01 dated 12 July

Go to Table of Content
2004, Audit Recommendations on Public Works Contracts)

Under a works contract, some works may be required to be carried out within
restricted hours. Experience has shown that during the construction stage, the Transport
Department/the Hong Kong Police Force required the works at more locations to be carried
out within restricted hours. This has led to claims and variations. With a view to
minimizing claims for EOT and prolongation cost arising from works carried out within
restricted hours, the project office should:

(a) Strengthen consultation with the Transport Department/Hong Kong Police Force

>>>
to ensure that all locations, which require works to be carried out within
restricted hours, are identified before tendering; and

Go to Table of Content
(b) Consider improving the contractual provisions of main-laying contracts such as
by incorporating provisional items so as to allow for addition of more
restricted-hour locations subsequently found necessary.

9.23 ADDITIONAL WORKS AREA AND EXTENSION OF WORKS AREA

(Ref. Lands Department’s memo ref. (3) in LD TI 10/04/03 dated 16.6.2004,
Provision of Land for Works Area)

The project office should note that any request for additional works area after award

>>>
of a contract will be subject to payment of rent by the Contractor and any request for
extension of works area should be provided with justifications, or the DLO may charge a
rental or may refuse the request.

Go to Table of Conten
9.24 TUNNEL WORKS

For contracts involving tunnel works, the project office should include suitable clauses
in the PS and, in the case of design and build contracts, the Employer’s Requirements (ER) to
enable effective implementation of the ETWB TCW No. 15/2005. Where the GEO raises
major geotechnical concerns on the public safety aspects of the geotechnical design or the
related PS or the ER clauses, the project office must resolve such concerns before tenders are
invited.

9.25 PERMITS FOR EXCAVATION WORKS UNDER LAND

(MISCELLANEOUS PROVISIONS) ORDINANCE CAP.28
(Ref. SDEV’s memo ref. (028IL-01-5) in DEVB(W) 510/70/01 dated 1.11.2010)

Chapter 5 (Rev. 1) 62
Project Administration Handbook for Civil Engineering Works 2012 Edition

Standard Notes to Tenderers, Particular Specification and amendment to the Form of

Tender for incorporation into civil engineering works contracts are given in SETW’s memo
ref. ETWB (W) 249/38/02[TC13/2001] dated 29.3.2004. Standard Special Conditions of
Contract for incorporation into civil engineering works contracts are given in SDEV’s memo
ref. (028IL-01-5) in DEVB(W) 510/70/01 dated 1.11.2010.

9.26 MEASURES TO PREVENT ILLEGAL EXTRACTION OR IMPORTATION

OF BOULDERS/COBBLES/PEBBLES

Go to Table of Content
For future public-works projects, if the design requires large quantities of natural
boulders/cobbles/pebbles that are not readily available in the market, the project office should
consider stipulating in the contract documents clauses requiring the Contractor to submit
documentary proof that extraction or production of these materials by the material suppliers
will not cause unacceptable environmental impacts (such as reports from independent
environmental consultants) and also proof of the legality of the source of materials. For
natural boulders/cobbles/pebbles that are to be obtained outside Hong Kong, the Contract
should require the Contractor to submit export permits from the relevant authorities. These
permits should have been verified by notary(ies) public of the originating place(s), where

>>>
applicable, in order to demonstrate that such materials are supplied legally and without
causing unacceptable environmental impacts to its source. The Engineer should be
empowered to seek further information from the Contractor in case he has any doubt.

Go to Table of Content
The Contractor shall not be allowed to deliver natural boulders/cobbles/pebbles to
site before submission of the above-mentioned proof to the Engineer for his agreement. The
Engineer for the Contract and the Contractor should also enhance their site supervision
respectively to avoid the taking of risk by the Contractor or the Sub-contractors to deliver
these materials to site prior to approval.

9.27 ADOPTION OF NON-CONTRACTUAL PARTNERING IN PUBLIC

WORKS CONTRACTS

>>>
(Ref: SETW’s memo ref. (0117S-01-2) in ETWB (W) 506/30/02 dated 30.3.2006)

The project offices and consultants should refer to the “Practice Note on

Go to Table of Conten
Adoption of Non-contractual Partnering in Public Works Contracts” (included in
Appendix 5.28) promulgated by DEVB in delivering public works contracts. The
Practice Note sets out the guidelines for selection of contracts for adoption of
non-contractual partnering and its implementation. Reference documents for the
implementation of the non-contractual partnering that are provided include “Good
Practices for Implementation of Non-contractual Partnering”; “Typical Partnering
Charter”; “Standard notes for tenderers to communicate Government’s intent to
partner/ Standard letter to the Contractor to communicate Government’s intent to
partner and to invite him to participate in project partnering”; “Form of Tender” and
“Client’s Brief to Service Providers for Designing and Facilitation Partnering
Workshops and Related Services”.

9.27.1 Guidelines for selection of contracts for adoption of non-contractual partnering

In order to promote the wider use of the partnering approach in public works,
the following criteria should be adopted as far as possible:

Chapter 5 (Rev. 1) 63
Project Administration Handbook for Civil Engineering Works 2012 Edition

(a) For building and civil engineering capital works contracts with contract
sum equal or greater than $100M; or

(b) For E&M contracts with contract sum equal of greater than $20M; or

(c) For other contracts such as maintenance term contracts, an officer at D2

or above rank considers that the nature and complexity of the works
warrant the incorporation of non-contractual partnering.

Go to Table of Content
The above requirements under (i) and (ii) may be waived for a particular
contract with the approval of an officer at D2 or above rank.

9.28 CONTROL OF OFF-SITE FABRICATIOIN OF CONSTRUCTION

COMPONENTS
(Ref: SETW’s memo ref. (018RD-01-1) in ETWB (W) 925/50/01 dated 13 October
2006 - Assignment No. 04/2006 - Control of Off-site Fabrication of Construction
Components)

>>>
If the works under the Contract or any alternative design proposed by the Contractor
involve fabrication of construction components outside Hong Kong, the project office should

Go to Table of Content
either arrange for the resident site staff of in-house projects or consultant-managed projects to
supervise and inspect the works in the fabrication area or require the Contractor to employ an
independent inspection agent (IIA)# to control the quality of the components fabricated in the
fabrication area. In this situation, the project office should determine the most appropriate
site supervision requirements, inspection arrangement and warranty from the manufacturer,
and should stipulate them in the contract documents. If an IIA is employed by the
Contractor to supervise and inspect the works in the fabrication area, the project office should
specify in the contract documents the qualification requirements of the IIA and, where
practicable, the IIA’s staff assigned for the supervision and inspection.

>>>
If an IIA is required under the Contract, apart from the qualification requirements of
the IIA and, where practicable, the IIA’s staff assigned for the supervision and inspection, the
project office shall also stipulate in the contract documents the following requirements:

(a) the qualifications of the IIA and the IIA’s staff shall be submitted to the Go to Table of Conten
Engineer for approval;
#
Note: project office is to decide the scope and extent of the IIA services

(b) the Contractor shall require the IIA and his staff to submit declaration of no
conflict of interest with the supplier/manufacturer/Contractor to the Employer
upon employment of the IIA. The Contractor shall also ensure that the IIA
and his staff declare any conflict of interest with the
supplier/manufacturer/Contractor to the Employer via the Engineer as soon as
such a conflict comes to the knowledge of the IIA, his staff or the Contractor.
In the event that such conflict or potential conflict between the
supplier/manufacturer/Contractor arises, the Contractor shall forthwith take
such reasonable measures as are necessary to mitigate as far as possible or
remove the conflict or potential conflict so disclosed;

Chapter 5 (Rev. 1) 64
Project Administration Handbook for Civil Engineering Works 2012 Edition

(c) the Contractor shall require the IIA to submit to the Engineer for approval a
site supervision and inspection plan for the fabrication works as well as any
subsequent changes, and to certify compliance with the site supervision and
inspection plan;

(d) the Contractor shall caution the IIA and his staff not to accept lavish
entertainment during supervision and inspection;

Go to Table of Content
(e) the Contractor shall not allow the IIA and his staff to accept any advantage
from suppliers, manufacturers and/or objects of supervision/inspection;

(f) the Contractor shall require the IIA to submit to the Contractor and the
Engineer simultaneously site records and reports on any non-compliance with
the Contract’s requirements;

(g) the Contractor shall require the IIA to submit periodic statistical returns (e.g.
returns on the number and periods of supervision and inspections conducted by
the IIA and his staff and the works covered in these supervision and

>>>
inspections) for management information; and

(h) the Contractor shall require the IIA to certify to the Employer that the

Go to Table of Content
fabrication works have been constructed in accordance with the Contract’s
requirements.

Notwithstanding the above requirements stipulated, the employment of the IIA shall
not relieve the Contractor of any duties or liabilities under the Contract. Guidelines to assist
project offices in controlling the quality of fabrication of construction components outside
Hong Kong are given in Paragraph 21.21 of PAH Chapter 7.

9.29 SAFETY PRECAUTIONARY MEASURES RELATING TO EXTRACTION

>>>
OF SAND FROM SEABED WITH POTENTIAL PRESENCE OF
UNEXPLODED ORDNANCE

Go to Table of Conten
For any contracts involving extraction of sand from the seabed with potential
presence of unexploded ordnance, the project office shall pay due regard to the “Guidance
Note on Incidents Involving Explosive Ordnance During Marine Dredging” issued widely to
all dredging contractors in the construction industry and updated by the Marine Fill
Committee from time to time (whose terms of reference are stated in WBTC No. 12/2000).
The Note is available for reference on the CEDD website
(http://www.cedd.gov.hk/eng/services/fillmanagement/fm_mf.htm). The project office should
consider the nature of the works and specify the necessary precautionary measures in the
contract documents to minimize the risk associated with ordnance. For example, these
measures to be specified may include the use of filtering devices during the suction or
pumping of sand for the screening out of unexploded ordnance items exceeding 150mm.

9.30 DRAINAGE IMPACT ASSESSMENT PROCESS FOR PUBLIC SECTOR

PROJECTS

Chapter 5 (Rev. 1) 65
Project Administration Handbook for Civil Engineering Works 2012 Edition

The project proponent shall observe the guidelines and procedures set out in ETWB
TCW No. 2/2006 for Government projects and proposals. Depending on the nature of project
and the recommendations in the Drainage Impact Assessment reports, the project proponent
shall incorporate into the tender documents all the specific requirements of the temporary
mitigation measures, and the monitoring and audit requirements.

9.31 ENGAGEMENT OF SUB-CONTRACTORS REGISTERED FROM

SUB-CONTRACTOR REGISTRATION SCHEME

Go to Table of Content
(Ref.: Subsumed from ETWB TCW No. 13/2004 & SDEV’s memo ref.
(02KJ8-01-4) in DEVB(W)510/94/02 dated 22 July 2013) Amendment No. 3/2013

All capital works and maintenance works contracts shall require the contractor
to only employ sub-contractors (whether nominated, specialist or domestic) registered
under the respective trades available in the Primary Register of the Subcontractor
Registration Scheme (SRS) (formerly known as the Voluntary Subcontractor
Registration Scheme (VSRS)) managed by the Construction Industry Council. The
NTT and SCC as given in Appendix 5.6 shall be included in tenders for all capital and
maintenance works contracts. The above requirements apply to Nominated

>>>
Sub-contractors, Specialist Sub-contractors and sub-contractors for specialist works
referred to in SCC on “Sub-contracting”, as well as their further sub-contractors of all
tiers. Amendment No. 3/2013

Go to Table of Content
9.32 CONTRACT MEASURES TO LIMIT THE NUMBER OF TIERS OF
SUB-CONTRACTING
(Ref.: SDEV's memo ref. (01TC9-01-5) in DEVB(W) 510/17/01 dated 17.7.2008
& SDEV's memo ref. (01VP5-01-4) in DEVB(W) 510/17/01 dated 11.11.2008)

DEVB has promulgated that the contract measures at Appendix 5.19 for
limiting the number of tiers of sub-contracting is to be applied to all public works
contracts (other than maintenance contracts). The SCC clause at Appendix 5.19 sets

>>>
as default the limitation to two tiers of sub-contracting for all parts of works and for all
trades. Where high-risk operations including demolition work, scaffolding work and
working in confined spaces are involved, sub-contracting of trades is limited to one tier

Go to Table of Conten
with up to two tiers of sub-contracting for parts of works. For works requiring entry of
human beings into confined space that form part of a drainage or sewerage system, only
one tier of sub-contracting is allowed in total. A diagram illustrating the intended
limitation on sub-contracting is at Appendix 5.20 for reference.

Subject to the agreement from Works Branch of DEVB, project officers may
impose the restriction on other high-risk operations relevant to the nature of the
contracts. Project officers shall provide justifications including past accident records
involving such high-risk operations and obtaining prior endorsement of an officer at D2
rank or above in Works Departments.

The Engineer for the contract may, subject to no objection from the Employer
(who should be an officer at D2 rank or above in Works Departments), permit the
contractor to introduce an extra tier of sub-contracting for a part of the Works or a
Relevant Portion in case there is a genuine practical need for the extra tier of
sub-contracting. Works Departments shall keep a record of such approvals and notify

Chapter 5 (Rev. 1) 66
Project Administration Handbook for Civil Engineering Works 2012 Edition

Works Branch of DEVB at 6-month intervals if permission is granted under this

provision. The need for the Engineer for the contract to obtain no objection from the
Employer is a constraint on the power of the Engineer rendering the action of the
Engineer being subject to the Employer’s right of objection or direction.

In accordance with Clause 2(1)(b) of GCC, the particulars of any such

constraint on the Engineer imposed under the terms of his appointment by the
Employer has to be set out in the Appendix to Form of Tender. In this regard, project
offices including consultants should include the constraint clause in the Appendix to

Go to Table of Content
Form of Tender when the SCC clause at Appendix 5.19 for limiting the number of tiers
of sub-contracting is incorporated.

9.33 ENHANCEMENT MEASURES FOR SUB-CONTRACTOR MANAGEMENT

PLAN (SMP)
(Ref.: ETWB TCW No. 47/2002)

Sub-contracting is a common practice in the construction industry. If properly

managed by contractors, it will facilitate the execution of works in a cost-effective

>>>
manner with efficient use of resources. However, in the absence of proper
management, uncontrolled sub-contracting could have adverse impact on the progress
and quality of works.

Go to Table of Content
To augment the existing provisions prohibiting contractors from
sub-contracting the whole of the contracted works, special conditions are introduced in
public works contracts to enhance the management of sub-contractors by contractors.

A tenderer is required to submit with his tender a proposed outline SMP to

show how he is going to manage his sub-contractors. The guidelines on scope and
contents of the SMP given at appendix to the SCC for Management of Sub-contractors
(Appendix 5.23) should be attached to the tender document to facilitate the tenderer to
prepare his SMP.

>>>
The following requirements should be specified in the form of a SCC:

Go to Table of Conten
(a) The contractor will be required to ensure that his sub-contractors will not
further sub-contract the whole of the works sub-contracted to them.

(b) The contractor will be required to employ his own staff to manage and
supervise his sub-contractors.

To obtain a full picture of the contractor's sub-contracting arrangement, the

term 'sub-contractor' described in this Paragraph means all types of sub-contractor
including without limitation Nominated Sub-contractor and Specialist Sub-contractor.
Nevertheless, the requirements stipulated in WBTC No. 25/94 and other technical
circulars for domestic sub-contractors and nominated sub-contractors should still be
followed.

These following contractual provisions should be included in tenders for all

capital and maintenance works contracts:

Chapter 5 (Rev. 1) 67
Project Administration Handbook for Civil Engineering Works 2012 Edition

(a) NTT for Payment for Sub-contractor Management Plan (Appendix 5.22);

(b) SCC for Management of Sub-contractors (Appendix 5.23);

(c) SCC for Payment for Sub-contractor Management Plan (Appendix 5.24);

(d) PS for Management of Sub-contractors (Appendix 5.25);

(e) Method of Measurement for Payment for Sub-contractor Management

Go to Table of Content
Plan (Appendix 5.26); and

(f) Sample BQ for Payment for Sub-contractor Management Plan (Appendix

5.27)

9.34 CONTRACT MEASURES FOR IMPLEMENTATION OF EMERGENCY

COMMAND SYSTEM

In August 2008, DEVB introduced the Emergency Command System (ECS) to deal

>>>
with exceptional emergency incidents. To facilitate the implementation of the ECS, a set of
contract measures was promulgated for incorporation into maintenance/term contracts.
Please refer to Chapter 8 Paragraph 5.7 for the details of the ECS and the contract provisions.

Go to Table of Content
9.35 INDEPENDENT CHECKING OF THE DESIGN, ERECTION, USE AND
REMOVAL OF TEMPORARY WORKS
(Ref.: WBTC No. 3/97)

A Special Condition of Tender (SCT 3 promulgated under ETWB TCW No.

26/2004), Special Condition of Contract (SCC 26 promulgated under SDEV’s memo ref.
DEVB(W) 546/17/02 dated 9.2.2011), and a Particular Specification (PS) item (see
Appendix 5.11) have been prepared to enable officers responsible for preparing tender

>>>
documents to require the Contractor to provide for independent checking of the design,
erection, use and removal of selected Temporary Works.

Go to Table of Conten
SCC 26 promulgated under SDEV’s memo ref. DEVB(W) 546/17/02 dated
9.2.2011 clarifies the Engineers' duty. The Engineer is required to examine the
Contractor's design details concerning the design, erection, use and removal of the
Temporary Works and shall satisfy himself that it contains no obvious deficiency and
that the independent checking engineer has carried out his duties with reasonable skill
and care in certifying that the Temporary Works have been properly and safely
designed. The responsibility for the Temporary Works remains with the Contractor but
no work shall be commenced until the Engineer has issued his consent in writing upon
making such verification.

Under the revised SCC, the Contractor is additionally required to provide to

the Engineer certified method statements in connection with the erection, use and
removal of the designed Temporary Works.

The decision to incorporate any of the above documents i.e. SCT 3 promulgated
under ETWB TCW No. 26/2004, SCC 26 promulgated under SDEV’s memo ref.

Chapter 5 (Rev. 1) 68
Project Administration Handbook for Civil Engineering Works 2012 Edition

DEVB(W) 546/17/02 dated 9.2.2011 and the PS item (Appendix 5.11) in tender
documents is a matter for the professional judgement of the Engineer and it is
recognised that the type and complexity of Temporary Works to be used by the
Contractor cannot always be accurately foreseen at the design stage. The following
guidelines may be of assistance at tender documentation stage :

(a) The above documents shall only be used where the design of the Temporary
Works is the responsibility of the Contractor, and not the Engineer.

Go to Table of Content
(b) Where no part of the Temporary Works is assessed as requiring the
particular submission of drawings or calculations or design checking, none
of the above documents need to be included in the tender documents.
During construction the Engineer will be able to call for details under
Clauses 7 and 16 of the General Conditions of Contract (GCC), but will
have to pay for any additional independent checking, being beyond the
scope of merely providing details.

(c) If the project designer wishes to examine tenderers' proposals for

undertaking more complex or extensive Temporary Works at tender

>>>
assessment stage, then use of SCT 3 promulgated under ETWB TCW No.
26/2004 may be considered together with SCC 26 promulgated under
SDEV’s memo ref. DEVB(W) 546/17/02 dated 9.2.2011. During

Go to Table of Content
construction, the Engineer will be able to call for more details under GCC 7
and 16.

(d) Use of the SCC 26 promulgated under SDEV’s memo ref. DEVB(W)
546/17/02 dated 9.2.2011 and/or the PS item (Appendix 5.11) should be
considered if it is thought likely the Temporary Works will be extremely
complex or innovative, or the potential consequence of any failure is likely to
be severe.

(e) Temporary cut or filled slopes and excavations and access platforms may

>>>
require method statements. These can be called for under GCC 16.

(f) It is matter of judgement for the Engineer as when to require certificates

Go to Table of Conten
for the erection, use or removal of Temporary Works.

Many failures of Temporary Works have been the result of insufficient

consideration of ground conditions. The design of Temporary Works must take this into
account.

SCT 3 promulgated under ETWB TCW No. 26/2004 may be used

independently of the PS item (Appendix 5.11) and SCC 26 promulgated under SDEV’s
memo ref. DEVB(W) 546/17/02 dated 9.2.2011.

In respect to Temporary Works generally, designers may find the following

publications useful :

(a) Technical Report TRSC 4, issued by the Concrete Society and the
Institution of Structural Engineers; provides useful guidance where
Temporary Works are classified as falsework.

Chapter 5 (Rev. 1) 69
Project Administration Handbook for Civil Engineering Works 2012 Edition

(b) BS5975:1982 (Code of Practice for Falsework).

(c) Appendix B in the Structures Design Manual for Highways and Railways
for the design of protective measures for Temporary Works.

Should the Engineer be dissatisfied with the independent checking engineer, the
Engineer, having given reasonable notice of dissatisfaction, may order the dismissal and
replacement of the independent checking engineer by the Contractor.

Go to Table of Content
Sub-clause (5) of GCC 7 affords basic protection to the Engineer from taking
over responsibility for the Contractor's design of Temporary Works. Sub-clause (5) of
SCC 26 promulgated under ETWB TCW No. 26/2004 limits the involvement of the
Engineer to seeing that the required certificates are in place and examining the design
of the Temporary Works for obvious defects.

In addition, GCC 54(2)(d) gives the Engineer the right and the power to
suspend any work discovered by the Engineer to be dangerous or potentially dangerous
and the Engineer must do so. Sub-clauses (2) and (4) of GCC 7 further underline this

>>>
power.

For Contractor designed Temporary Works that do not involve an independent

Go to Table of Content
checking engineer, the Engineer can similarly make use of the GCC clauses referred to
in the above 2 paragraphs, without taking up any of the design responsibility. The duty
to suspend also applies.

9.36 QUALITY MANAGEMENT SYSTEM CERTIFICATION OF

CONTRACTORS FOR PUBLIC WORKS ADMINISTERED BY THE
WORKS GROUP OF DEPARTMENTS
(Ref.: SDEV’s memo ref. (025B1) in DEVB(W) 520/83/01 dated 26.1.2010)

>>>
WBTC No. 13/2001 promulgated, among others, requirements for contractors to
obtain certification of their quality management systems to the ISO 9001:2000 standard.
Following the publication of ISO 9001:2008 standard on 15.11.2008, any existing

Go to Table of Conten
certificates issued to ISO 9001:2000 standard will not be valid two years after the
publication of this new standard, i.e. by 15.11.2010. Since ISO 9001:2000 and ISO
9001:2008 are acceptable before 15.11.2010 and only ISO 9001:2008 will be accepted on or
after that date, the new contract provisions as set out in SDEV’s memo ref. (025B1) in
DEVB(W)520/83/01 dated 26.1.2010 should be incorporated into tender documents for
contracts. The relevant provisions are at Appendix 5.29 and summarized below:

(a) a SCT requiring the contractor to have obtained the Certification

(replacing Appendix E of WBTC No. 13/2001 updated by SCT6-ISO9000 of
ETWB TCW No. 26/2004)

(b) a SCC requiring the contractor to have obtained ISO 9000 certification
(replacing Appendix F of WBTC No. 13/2001)

(c) a SCC where the main contractor is required to enter into written
sub-contracts with the contractors on the categories and/or groups of the

Chapter 5 (Rev. 1) 70
Project Administration Handbook for Civil Engineering Works 2012 Edition

Lists shown in Appendix C of WBTC No. 13/2001 (replacing Appendix G

of WBTC No. 13/2001)

(d) a SCT in respect of design and build contracts (replacing Appendix I of

ETWB TCW No. 13/2001A)

9.37 USE OF RECYCLED AGGREGATES IN CONCRETE PRODUCTION AND

IN ROAD SUB-BASE CONSTRUCTION

Go to Table of Content
(Ref.: WBTC No. 12/2002)

This Paragraph promulgates the particular specifications to facilitate the use of

recycled aggregates in concrete production and construction of road sub-base in PWP
projects.

The hard inert C&D materials, such as broken rock and concrete, can be
recycled into aggregates for reuse in construction works. In order to reduce the
pressure on the demand for public filling and landfill capacity, it is essential that the
reusable portion of C&D materials be recycled and put into good use. This Paragraph

>>>
promulgates the particular specifications to facilitate the use of recycled aggregates in
Grade 20 prescribed mix and Grade 25-35 designed mix concrete, and in road sub-base
construction. The relevant particular specifications were developed by Standing

Go to Table of Content
Committee on Concrete Technology and Highways Department, based on
internationally recognized standards and results of laboratory tests carried out locally.
The particular specifications for prescribed mix concrete with 100% recycled coarse
aggregate and for designed mix concrete with 20% recycled coarse aggregate are given
in Appendix 5.30. The relevant specifications for recycled sub-base materials are given
in GS Clauses 9.03, 9.13, 9.32 and 9.47.

Recycled aggregates are also suitable for use in earthworks, drainage and
marine works. The relevant specifications have been incorporated in the provisions in
Sections 5, 6 and 21 of the GS. The use of recycled aggregates as sub-base materials

>>>
for footpaths is being examined and if found feasible, a separate particular specification
will be issued in due course.

Go to Table of Conten
The project department should consider using recycled aggregates in lieu of
virgin materials wherever possible in the planning and design of a project, in
accordance with the specifications stated in this paragraph. Where necessary, provisions
should be included in the contract to cater for unforeseen problems, such as an
unexpected shortage of supply of recycled aggregates.

9.38 METALLIC SITE HOARDINGS AND SIGNBOARDS

(Ref.: WBTC No. 19/2001)

To reduce the amount of C&D waste generated from construction sites, all
contracts shall specify the use of metal in all components of site hoardings and
signboards. Furthermore, works departments shall specify a bolts and nuts jointing
method in drawings and/or specifications for site hoardings and signboards where
hoardings and signboards are to be erected, unless bolts and nuts jointing method are
considered not feasible due to technical or safety reasons.

Chapter 5 (Rev. 1) 71
Project Administration Handbook for Civil Engineering Works 2012 Edition

9.39 EMPLOYMENT OF TECHNICIAN APPRENTICES AND BUILDING &

CIVIL ENGINEERING GRADUATES BY CONTRACTORS OF PUBLIC
WORKS CONTRACTS
(Ref.: ETWB TCW No. 12/2003)

To achieve the Government’s objective to improve the quality and safety of

public works projects, the contractors should employ, apart from qualified

Go to Table of Content
professionals, graduates and technicians for their works. The contractors of public
works contracts are hence required to ensure that an adequate number of graduates
and technicians are employed and provided with adequate training.

9.39.1 Technician Apprentices

For all capital works contracts exceeding $50M, the contractor is required to
employ for each such contract the corresponding minimum number of technician
apprentices under a valid contract of apprenticeship, as set out in the following table: -

>>>
(a) For a contract the contract sum of which - one
exceeds $50 million but is not more than
$100 million.

Go to Table of Content
(b) For a contract the contract sum of which - two
exceeds $100 million but is not more than
$200 million.
(c) For a contract the contract sum of which - three
exceeds $200 million.

To improve the quality and safety of construction works in the long run, the
contractor must ensure that training is given to all technician apprentices employed in

>>>
all aspects of their trades, and to ensure that they attend a course of instruction at an
approved technical institution leading to the award of either a Higher Certificate in
Building Studies, Civil Engineering, Building Services or a comparable alternative

Go to Table of Conten
qualification.

9.39.2 Building and Civil Engineering Graduates

For all capital works contracts exceeding $50M, the contractor is required to
employ for each such contract the corresponding minimum number of full time building
or civil engineering graduate with an academic qualification gained within the
preceding three years, and recognized by an appropriate local or overseas professional
institution such as the Hong Kong Institute of Architects, the Hong Kong Institution of
Engineers, the Institution of Civil Engineers, the Institution of Structural Engineers or
the Chartered Institute of Building, as set out in the following table:-

(a) For a contract the contract sum of which - one

exceeds $50 million but is not more than
$100 million.

Chapter 5 (Rev. 1) 72
Project Administration Handbook for Civil Engineering Works 2012 Edition

(b) For a contract the contract sum of which - two

exceeds $100 million.

To improve the quality and safety of construction works in the long run, the
contractor must provide practical training on site to the employed graduates for a
minimum of 12 months or 70% of the time for completion of the Works as stipulated in
the Appendix to the Form of Tender, whichever is longer. The contractor should also
follow established training guidelines for the various disciplines as far as possible.
General guidelines on site practice are given at Appendix 5.31 for works departments’

Go to Table of Content
information. The graduate(s) should be under the supervision of qualified professionals
recognized by the relevant professional institutions mentioned in the first
sub-paragraph of Paragraph 9.39.2. Unlike formal training, strict adherence to the
guidelines and registration with the professional institutions mentioned are not
required.

9.39.3 Implementation

Where the requirement on employment of technician apprentices and building

>>>
& civil engineering graduates by contractors of public works contracts as given in
Paragraph 9.39 applies, the Special Condition of Contract and Particular Specification
given at Appendix 5.32 should be incorporated into the relevant tender document.

Go to Table of Content
9.40 SPECIAL CONDITIONS OF CONTRACT FOR USE IN MEGA PROJECT
CONTRACTS
(Ref. WBTC No. 26/2002)

A set of SCC, as given at Appendix 5.36, is devised for use in mega project
contracts in conjunction with the GCC for Civil Engineering Works 1999 Edition.

Mega project contracts have some or all of the following characteristics:

>>>
(a) The contract sum is very large (normally exceeds $1 billion). During the
construction period, there should be tight financial control because of the

Go to Table of Conten
large sums of money involved.

(b) There is a need to monitor the programme and control the progress
closely because the contract itself or the project of which the subject
contract forms an integral part has high social or economical implication

(c) The contract works are extensive and cover large areas, thus likely to have
a lot of interfaces with other major projects. Hence very good
co-ordination by all the concerned parties is required.

Project departments should have full regard to the “Guidelines for the
Development of Major Infrastructure Projects” at Appendix 5.38.

This set of SCC has been prepared on the basis that all the SCC clauses will be
used as a package (other than those optional clauses). As such, the full set of these
SCC clauses (other than those optional clauses) must be used when a project
department decides to use these SCC clauses in its works contract(s)

Chapter 5 (Rev. 1) 73
Project Administration Handbook for Civil Engineering Works 2012 Edition

Project departments may adopt these SCC clauses including any modifications
thereto on the approval of the Head of Department or his delegate. This delegation
should not be down below the rank of D2 level. Any modifications to this set of SCC,
including additions or omissions, should be vetted by LAD(Works)/DEVB.

Project departments are reminded that satisfying some or all of the criteria above
does not automatically imply that the use of these SCC clauses is warranted. In deciding
whether or not to use this set of SCC, project departments should consider the resource

Go to Table of Content
implication in the administration of the contract.

To facilitate the better management of the mega project contracts, the project
department may wish to require the Engineer for the contract to obtain agreement of the
Employer before making decisions on some of the following matters pursuant to Clause 2
of the GCC 1999 Edition in addition to those referred to in Paragraphs 7 and 8 of WBTC
No. 20/2000, Paragraphs 7.6 and 9.32 of this chapter.

GCC Cl 16 Approval of the works programme and any revised version

thereof.

>>>
GCC Cl 34 Issuing instructions to afford facilities access and/or services
to enable other parties to carry out their works.

Go to Table of Content
GCC Cl 48(5)(a) Deferral of a Portion handover date.
GCC Cl 50 Granting extensions of key dates.
GCC Cl 53 Issuing a Certificate of Completion in respect of the Works
or of any part of the Works, any Section or any part of a
Section or Certificate of Achievement for any Stage or any
part of a Stage.
GCC Cl 54 Ordering suspension of the works or any part thereof save
and except when considered to be essential on grounds of

>>>
safety or other emergency in circumstances when it is
impractical to refer the matter to the Employer beforehand.
GCC Cl 55 Recommencing work following suspension.
GCC Cl 80 Issuing the Maintenance Certificate. Go to Table of Conten
GCC Cl 82(2) Authorizing remedial works to be carried out by persons
other than the Contractor.
GCC Cl 60(1) Omitting works on grounds of improved or more economic
functioning of the works or aesthetic.

For the purpose of Paragraph 9 of WBTC No. 20/2000, prior approval is deemed
to have been given by the SDEV for the above additional constraints on the Engineer once
a decision has been made by the project department to classify the contract as a mega
project contract.

When the use of the SCC Clause A4A (under which provision for extension of
time due to inclement weather is not included) is contemplated the proposal must be
approved and endorsed in the manner as prescribed in Paragraph 9.18 of this chapter
prior to the invitation of tenders. If SCC Clause A10 at Appendix 5.36 is adopted in

Chapter 5 (Rev. 1) 74
Project Administration Handbook for Civil Engineering Works 2012 Edition

relation to a particular project, the SCT at Appendix 5.37 should be included in the tender
documents in respect of that project.

The current requirement for legal vetting of draft tender documents by

LAD(Works)/DEVB for all contracts of estimated value in excess of $300M is also
applicable to mega project contracts. Please refer to Paragraph 1.5.1 of this chapter for
details.

9.41 SECTIONS SUBJECT TO EXCISION

Go to Table of Content
(Ref.: LWBTC 6/89, SDEV’s memo ref. (027N7-01-2) in DEVB(W) 510/10/01
dated 29.6.2010, SDEV’s memo ref. (02B2H-01-5) in DEVB(W) 510/10/01 dated
9.3.2011 and SDEV’s memo ref. (02BL7-01-2) in DEVB(W) 510/10/01 dated
12.4.2011)

‘Sections Subject to Excision’ is required on occasions where it is necessary to

let contracts prior to confirmation that all the works can proceed. For example, where
there are land clearance problems, or where a decision has yet to be reached on the
inclusion of a footbridge in a roadworks contract. In such circumstances it is
obviously beneficial to have these works included as part of the competitive tender, but

>>>
also equally important to make it clear to the tenderers that these works may not be
required.

Go to Table of Content
Where work is to be included in a tender, but the implementation of that work
has not been decided upon by the Employer, then such work may be incorporated as a
Section Subject to Excision. Consequently, the items for such works should comprise a
separate bill within the BQ, which should be clearly designated ‘Section Subject to
Excision’, and the standard Special Condition of Contract for ‘Section Subject to
Excision’ as given in the Library of standard SCC under SDEV’s memo ref. DEVB(W)
546/17/02 dated 9.2.2011 shall be included in the Contract.

It is obvious that the decision to proceed or not with the Section Subject to Excision
shall rest with the Employer. The power of the Engineer to issue instruction to proceed with

>>>
the works in a Section Subject to Excision is subject to a constraint in the sense that the
Engineer is required to act in accordance with the direction of the Employer. In accordance
with GCC Clause 2(1)(b), this constraint shall be set out in the Appendix to the Form of

Go to Table of Conten
Tender.

Also the following information must be included in the Appendix to the Form of
Tender:

(a) the period of time within which the Engineer may instruct the Contractor
to proceed with the work contained within the Section Subject to Excision.
This period commences from the date for commencement notified by the
Engineer in accordance with Clause 47 of the General Conditions of
Contract for Civil Engineering Works.

(b) the time for completion of the Section Subject to Excision,

(c) the liquidated damages for the Section Subject to Excision; and

(d) the aforesaid constraint on the Engineer’s power.

Chapter 5 (Rev. 1) 75
Project Administration Handbook for Civil Engineering Works 2012 Edition

As the Contractor must allow for the Section Subject to Excision in his
programme, it must be taken into account when assessing the time for completion stated
in the Contract.

However, if the work contained in the ‘Sections Subject to Excision’ is not

ordered, any preliminaries and overhead costs attributable to those Sections which may be
covered elsewhere in the Contract would still be payable to the Contractor. The effect of
including ‘Sections Subject to Excision’ and the probability of its incorporation in the

Go to Table of Content
Works should therefore be carefully considered before it is included in the tender
documents. Preliminary items in respect of the ‘Sections Subject to Excision’, where
these can be identified, should be included in a separate bill of the BQ designated ‘Section
Subject to Excision’.

The inclusion of ‘Sections Subject to Excision’ in tender documents requires the

approval of an officer at D2 rank or above.

In addition to civil engineering contracts, the provision for Section Subject to

Excision has also been adopted in the “Administrative Procedures for use with the

>>>
Government of the Hong Kong Special Administrative Region General Conditions of
Contract for Design and Build Contracts, 1999 Edition”. In this regard, the requirements
mentioned in the above shall also apply to such Design & Build contracts. The project

Go to Table of Content
officers and where applicable the project consultants should include the constraint clause in
the Appendix to Form of Tender for all works tenders in which a Section Subject to Excision
is included.

LWBTC No. 6/89 was promulgated in April 1989 to introduce the SCC for civil
engineering works on Sections Subject to Excision. DEVB has reviewed the SCC and
decided to amend the SCC to state clearly the contractual implication and effect on the
Contract in the event that the Engineer does not issue the instruction within the time
stated in the Appendix to the Form of Tender for ordering Sections Subject to Excision.

>>>
SDEV promulgated via his memo ref. (02B2H-01-5) in DEVB(W) 510/10/01
dated 9.3.2011 two sets of SCC on the provision for Section Subject to Excision; one set
for use with GCC for Civil Engineering Works 1999 Edition is given in Appendix 5.39,

Go to Table of Conten
and the other set for use with GCC for Design and Build Contracts 1999 Edition is given
in Appendix 5.40. SDEV further promulgated via his memo ref. (02BL7-01-2) in
DEVB(W) 510/10/01 dated 12.4.2011 an updated NTT(l) as shown in Appendix 5.41,
which should be included in the Notes to Tenderers when SCC on Section Subject to
Excision is incorporated in the tender documents. The updated NTT(l) supersedes the
NTT(l) in ETWB TCW No. 26/2004.

9.42 ANTI-COLLUSION
(Ref.: SDEV’s memo ref. (02B6J-01-6) in DEVB(W) 510/10/01 dated 24.3.2011)

To strengthen the collusion prevention in the letting of works contracts, DEVB

has reviewed the GCTs for anti-collusion as promulgated in ETWB TC(W) No. 26/2004
and decided to amend the relevant GCTs as well as introduce a new NTT.

Chapter 5 (Rev. 1) 76
Project Administration Handbook for Civil Engineering Works 2012 Edition

Under the revised anti-collusion clauses, the tenderer shall submit with his
tender a duly signed and witnessed letter to signify his understanding of the
anti-collusion clauses. The above submission should not be included as an essential
requirement under GCT 21.

SDEV promulgated via his memo ref. (02B6J-01-6) in DEVB(W) 510/10/01

dated 24.3.2011 a new NTT as shown in Appendix 5.42 and three revised GCTS on the
provision for anti-collusion; GCT 1 on Definitions, GCT 25 on Submission of Further
Information and GCT 26 on Anti-collusion as shown in Appendices 5.43, 5.44 and 5.45

Go to Table of Content
respectively.

9.43 FINANCIAL RELIEF MEASURES TO ASSIST THE CONSTRUCTION

INDUSTRY
(Ref.: SDEV’s memo ref. (02APB-01-8) in DEVB(W) 510/83/08 dated 8.3.2011)

In the immediate aftermath of the financial tsunami in late 2008, a package of

interim financial relief measures were implemented via the promulgation of SDEV’s
memo ref. (01WLR-01-7) in DEVB(W) 510/83/08 dated 8.12.2008 with a view to

>>>
relieving contractors, especially small and medium-sized contractors, of the cash flow
difficulties they encountered at that time. Originally intended for one year, these
interim measures were subsequently rolled forward to 2010 via SDEV’s memo ref.

Go to Table of Content
(025QN-01-3) in DEVB(W)510/83/08 dated 4.3.2010.

A review of these interim measures was completed. It was decided to adopt

these interim measures (together with some additional ones) as standing policies in
public works contracts with immediate effect. Details are as follows.

9.43.1 Interim Payment

(a) Interim payment should be instituted in all new public works contracts
and existing public works contracts, which do not contain interim

>>>
payment provision, including the quotation contracts of value less than $4
million. As the contracts without interim payment provision are in
general small works contracts with different nature, works departments

Go to Table of Conten
should prepare appropriate interim payment provisions specific to the
contracts for incorporation; and

(b) In order to further enhance cash flow in major public works contracts,
interim payments in respect of major off-site pre-fabrication works
should be made as a standard practice, subject to the relevant precedent
conditions including among others the maintenance of an effective bond to
cover the pre-fabrication works. In this respect, the SCC in Appendix
5.46 shall be adopted for new public works contracts involving major
off-site pre-fabrication works.

9.43.2 Retention Money

For capital works contracts, the prevailing arrangement of releasing part of

retention money after lapse of half of the maintenance period should be enhanced. It
was decided to release retention money in stages in existing and new contracts viz. 50%

Chapter 5 (Rev. 1) 77
Project Administration Handbook for Civil Engineering Works 2012 Edition

of the retention money upon substantial completion of the works and the remaining
50% at expiry of the maintenance periods. Should there be minor outstanding works
and defect rectification works remained, their estimated values at the material time
should be taken into consideration in determining the amount of retention money to be
released, making sure that these estimated values of works will be sufficiently covered
by the remaining retention money after the first release of retention money upon
substantial completion of the works and by retaining equivalent amount upon the
second release at the expiry of the maintenance period until all minor outstanding
works and defect rectification works are completed.

Go to Table of Content
The enhanced arrangement is to be applied to existing capital works contracts,
of which completion certificates of the Works are yet to be issued and supplementary
agreements for releasing parts of retention money as promulgated in SDEV’s memo ref
(01WPS-01-4) in DEVB(W) 510/83/08 dated 11.12.2008 are yet to be signed. Please
make reference to the samples in Annexes B1 and B2 attached to SDEV’s memo ref.
(02APB-01-8) in DEVB(W) 510/83/08 dated 8.3.2011 for preparing the supplementary
agreements of the existing contracts. As regards new capital works contracts, please
adopt the SCC in Appendix 5.47 for preparing tender documents.

>>>
9.43.3 Payment Level for Term Contracts

It was decided to raise the payment levels to not less than 90% of the estimated

Go to Table of Content
value of works upon completion of the works orders in existing and new term contracts.

For existing term contracts, please make reference to the samples of

supplementary agreements in Annex A3 and A4 attached to SDEV’s memo ref.
(01WPS-01-4) in DEVB(W) 510/83/08 dated 11.12.2008 for raising the payment level.
For new term contracts adopting General Conditions of Contract for Term Contracts
for Building Works, please adopt the SCC in Annex D attached to SDEV’s memo ref.
(02APB-01-8) in DEVB(W) 510/83/08 dated 8.3.2011. For new term contracts adopting
other General Conditions of Contract, please specify the payment level to not less than
90% of the estimated value of works in the Appendix to the Form of Tender.

>>>
9.44 EMPLOYER’S POWER TO REDUCE THE AMOUNT OF THE

Go to Table of Conten
CONTINGENCY SUM PRIOR TO AWARD OF CONTRACT
(Ref.: SDEV’s memo ref. DEVB(W) 546/70/01 dated 8.8.2011)

SDEV’s memo ref. DEVB(W) 546/70/01 dated 8.8.2011 promulgates a new

tender provision to provide the Employer with the power to unilaterally reduce the
amount of the Contingency Sum stated in the tender documents prior to award of a
works contract.

There were submissions to the Central Tender Board where the original tender
sums of the recommended tenders had exceeded the Approved Project Estimates (APE).
In each of these cases, the procuring department discovered an over-estimation of the
amount of Contingency Sum allowed in the contract. Since there was no tender
provision for the Employer to unilaterally reduce this amount, the procuring
department resorted to conduct tender negotiation with the recommended tenderer
after obtaining approval from the relevant authority to have the amount reduced.

Chapter 5 (Rev. 1) 78
Project Administration Handbook for Civil Engineering Works 2012 Edition

This then enabled the procuring department to reduce the contract sum below the APE
and award the contract without the need to apply for additional funding.

Although no complication has occurred in the tender negotiations mentioned

above, such a risk does exist since the tenderer may not accept the proposed reduction
in the amount of the Contingency Sum which may open up an opportunity for the
tenderer to retract his offer. In any event, tender negotiation will incur additional time
and resources. To avoid the risk of tender complication and streamline the process
under this circumstance, a new tender provision is introduced for (a) works contracts

Go to Table of Content
other than design and build (Non-D&B) contracts and (b) design and build (D&B)
contracts, to provide the Employer with the aforesaid power.

(a) Non-D&B Contracts

The new tender provision is provided in the attached Special Conditions

of Tender (SCT), special Form of Tender and Notes to Tenderers at
Appendix 5.50. It should be noted that the inclusion of this provision is
subject to an officer at D2 rank or above in the Project Office/Department
being satisfied that the conditions given in the ‘Remarks/Guidelines’

>>>
provided alongside the SCT clause are met. The exercise of the power to
reduce the amount of the Contingency Sum is also subject to meeting the
requirements stated therein including the approval of the Vote Controller.

Go to Table of Content
The relevant parts of the Project Administration Handbook (i.e.
Paragraph 7.2 of PAH Chapter 6 on “Checks prior to accepting tender”,
Appendix 5.5 on “Format of the Grand Summary to the Bills of
Quantities” and Appendix 6.17 on “Sample Letter of Acceptance to
Successful Tenderer”) are revised accordingly. A sample letter for
notifying the tenderer, whose tender is going to be recommended for
contract award, of the reduction in the amount of the Contingency Sum, is
also attached at Appendix 5.51.

>>>
(b) D&B Contracts

While the use of the new tender provision is discretionary for non-D&B

Go to Table of Conten
contracts, it is mandatory for D&B contracts to include such a provision
in view of the higher uncertainty in estimating the Contingency Sum in
the absence of detailed design at the tendering stage. The new tender
provision for D&B contracts is provided in the attached General
Conditions of Tender (GCT) at Appendix 5.52. Departments shall make
reference to the samples provided for non-D&B contracts above in
preparing the Form of Tender, Notes to Tenderers, letter notifying the
reduction in the amount of the Contingency Sum and the letter of
acceptance to the successful tenderer for D&B contracts.

Departments must observe that the original tender sums of the tenderers (after
being corrected for arithmetic errors, if any) shall be used in determining the price
ranking or overall scores/marks in accordance with the prescribed tender evaluation
criteria. The reduction in the amount of the Contingency Sum shall not affect the
price ranking or overall scores/marks although the recommended contract sum will be
reduced accordingly by the same amount.

Chapter 5 (Rev. 1) 79
Project Administration Handbook for Civil Engineering Works 2012 Edition

Departments should be aware that the reduction in the amount of the

Contingency Sum shall not affect any Provisional Sum, including that for
reimbursement of Mandatory Provident Fund (MPF) as illustrated in the attached
Appendix 5.5 of PAH. The reduction in the amount of the Contingency Sum shall also
not affect the determination of liquidated damages (LD) since the Contingency Sum
should have already been excluded from the contract sum in the LD computation
according to ETWB TCW No. 4/2003. Departments shall check the LD formula(s)
specified in the tender documents to ensure that the LD amount will not be affected by a

Go to Table of Content
reduction in the amount of the Contingency Sum.

Where the power to unilaterally reduce the amount of the Contingency Sum
has been exercised, it should be clearly stated in the tender report. It should be
confirmed in the tender report that the Vote Controller has approved the reduction in
the amount of the Contingency Sum and the recommended tenderer has acknowledged
the reduction of the Contingency Sum and the Tender Sum by the same amount.

Notwithstanding the availability of these new tender provisions, departments

are reminded of their responsibility to prepare proper project estimates and pre-tender

>>>
estimates as accurate as possible. Departments shall under no circumstances rely on
these tender provisions to avoid seeking additional funding as a result of
underestimation of the contract price. Prior to exercising the power, departments

Go to Table of Content
shall check that there will be sufficient remaining contingency sum to cover the contract
and the project as a whole. Otherwise, departments shall resort to seeking additional
funding prior to award of the contract.

The above new tender measure is applicable to all works contracts for which
tenders are invited on or after 1 September 2011.

9.45 PROVISION OF UNIFORM FOR PERSONNEL WORKING ON PUBLIC

WORKS SITES

>>>
(Ref.: SDEV’s memo ref. DEVB(Trg) 133/3(7) dated 11.5.2011)

9.45.1 Purpose

SDEV’s memo ref. DEVB(Trg) 133/3(7) dated 11.5.2011 set out the policy and Go to Table of Conten
implementation details related to the provision of uniform to personnel working on
public works sites.

9.45.2 Policy

All public works contracts, including Design and Build contracts and term
contracts, with a construction period of not less than 12 months, the tender invitations
of which are issued on or after 23 May 2011 shall implement the uniform initiative
through the incorporation of relevant provisions into the tender documents. Similarly,
the initiative shall apply to Consultancy Agreements covering works contract(s) with
estimated construction period of not less than 12 months and for which the invitations
of technical and fee proposals for the Consultancy Agreements are issued on or after 23
May 2011.

Chapter 5 (Rev. 1) 80
Project Administration Handbook for Civil Engineering Works 2012 Edition

In the present context, personnel working on public works sites means-

(a) All workers and staff employed by the Contractor or his sub-contractors
of all tiers (including specialist sub-contractors and Nominated
Sub-contractors) engaged for the execution of the Works on the Site, and
includes drivers and lorry drivers engaged for the Works. For
avoidance of doubt, they exclude personnel not involved in site work such
as office-based staff, material deliverers, security guards, and drivers of
the Engineer’s transport as well as workers engaged in work requiring

Go to Table of Content
personal protective equipment which renders the wearing of uniform
unsuitable or impractical.

(b) Consultants’ resident site staff (RSS) engaged for supervision of the
Works but exclude personnel not involved in site work such as
office-based staff.

In-house site staff of works departments shall also be encouraged to wear

uniform on site.

>>>
9.45.3 Design and Provision of Uniform

Main contractors of the public works contracts are responsible for the design

Go to Table of Content
and provision of uniform to their personnel working on site and their wearing on site of
the uniform provided. For contracts managed by consultants, main contractors are
required to provide uniform to consultants’ RSS if this is specified in the contract.
However, the consultants are responsible for the design of the uniform and for including
the detailed requirements of the RSS uniform into tender documents of the relevant
works contract(s). Works departments shall arrange to provide uniform to their
in-house site staff and encourage them to wear them on site. The requirements of the
standard uniform are at Appendix 5.53.

9.45.4 Provision of Associated Facilities

>>>
The provision of associated facilities to complement the provision of uniform,
including uniform washing and drying facilities, lockers and uniform changing

Go to Table of Conten
facilities, was thoroughly discussed with stakeholders during the consultation process.
The provision of uniform changing facilities on site is highly welcomed but it is not a
mandatory requirement. A D2 rank or above officer of the department responsible for
the contract may approve the inclusion of corresponding requirements into the contract
specifications after taking into consideration the practicality of providing these facilities
in the contract, the availability of sufficient space on site to install the facilities and the
potential of causing nuisance and adverse environmental or visual impacts. Taking
into account the more severe environmental impacts and site constraints, it was agreed
with stakeholders that the provision of uniform washing and drying facilities will not be
required. The provision of lockers for workers will however be enhanced as part of
the enhancement of provision of welfare facilities for workers to be promulgated under
a separate cover.

9.45.5 Payment and Control

Chapter 5 (Rev. 1) 81
Project Administration Handbook for Civil Engineering Works 2012 Edition

Payment for the provision of uniform to contractor’s personnel working on site

will be effected through a pre-priced lump sum item. However, the amount of actual
payment is subject to the compliance audit on the wearing of site uniform to be
conducted by the Engineer/ Architect/ Supervising Officer/ Surveyor as set out in the
contract provisions. As the costs involved in the provision of uniform to consultants’
RSS are relatively minor, they are covered by the billed item for the Engineer’s
Temporary Accommodation.

Furthermore, a new aspect of performance on “Compliance with site uniform

Go to Table of Content
requirements” has been introduced in Section 7 (Industry awareness) of Part II of the
Contractor’s Performance Report (CPR) for assessing the contractor’s performance in
complying with the requirements related to the present initiative.

9.45.6 Grace Period

To familiarise industry stakeholders with the new requirements, a two-tier

grace period shall be introduced. Within the grace period, compliance requirements
on the wearing of uniform shall apply as described in the next 3 paragraphs.

>>>
First-tier grace period – There will be a 3-month grace period for each contract
tendered within the first year of launching of the uniform initiative (i.e. tenders
invitations issued within the period from 23 May 2011 to 22 May 2012, both dates

Go to Table of Content
inclusive). For tenders so invited within this period, audit on the wearing of site
uniform shall be conducted within the first three months after personnel working on
site begins to wear uniform or 2 months after commencement of the Works, whichever
is earlier, but no monthly payment for uniform shall be made within this 3-month grace
period. Contractors may however choose to end the grace period earlier by giving
written notice to the Engineer/ Architect/ Supervising Officer/ Surveyor.

Second-tier grace period – Within the first two years of launching the uniform
initiative (i.e. from 23 May 2011 to 22 May 2013, both dates inclusive), different sets of
adjustment factors for the monthly instalment payment on uniform with respect to the

>>>
non-compliance rates identified in the audits on the wearing of site uniform standard
shall apply as follows:

Go to Table of Conten
Non-compliance Rate for Uniform as Adjustment Factors for Monthly
Identified in Audits on Uniform Instalment Payment on Uniform
Up to 10% 100%
more than 10% and up to 20% 90%
more than 20% and up to 30% 70%
more than 30% 0%

After the expiry of the second-tier grace period, the following adjustment
factors for the monthly instalment payment on uniform shall apply:

Non-compliance Rate for Uniform as Adjustment Factors for Monthly

Identified in Audits on Uniform Instalment Payment on Uniform
Up to 5% 100%

Chapter 5 (Rev. 1) 82
Project Administration Handbook for Civil Engineering Works 2012 Edition

more than 5% and up to 10% 95%

more than 10% and up to 20% 75%
more than 20% and up to 30% 60%
more than 30% 0%

9.45.7 Implementation Guidelines

Go to Table of Content
Guidelines have been prepared to facilitate project officers to implement the
uniform initiative. The guidelines for the pre-contract stage is at Appendix 5.66. The
guidelines for the construction stage are given in Paragraph 21.26 of PAH Chapter 7.

9.46 IMPLEMENTATION OF CONTRACTOR COOPERATIVE TRAINING

SCHEME (CCTS) IN PUBLIC WORKS CONTRACTS
(Ref.: SDEV’s memo ref. DEVB(Trg) 133/4 (5) dated 30.12.2011 and SDEV’s
email dated 20.3.2012)

>>>
9.46.1 Purpose

SDEV’s memo ref. DEVB(Trg) 133/4 (5) dated 30.12.2011 promulgates the

Go to Table of Content
implementation of the CCTS in public works contracts to help boost the training
capacity of the construction industry as an industry-wide drive to meet the construction
manpower demands.

9.46.2 The CCTS

Under the CCTS, either the main contractor or the first-tier sub-contractors
are required to recruit trainees as employees and provide them with training in the
relevant trade on site. The CICTA will monitor the quality and progress of the
training and provide training subsidy during the training period to the main contractor

>>>
and, where appropriate, the first-tier sub-contractors. At the end of the training,
trainees are required to take the intermediate trade test or the like in the relevant trade
conducted by the CICTA. The training is completed when the trainees pass the test.

Go to Table of Conten
However, to enable the training graduates to become productive members of the
workforce through continuing enhancement of their learned skills, the main contractor
or the first-tier sub-contractors are also requested to continue to employ them for at
least 12 months subject to the availability of sufficient relevant trade works under the
relevant contracts to support such continuing employment.

Detailed requirements of the CCTS can be found in CICTA’s current CCTS

Framework Document. This is a living document subject to updating from time to
time. The latest CCTS Framework Document will be made available on CIC’s website
at the following link :
http://www.hkcic.org/eng/main.aspx

9.46.3 Selection of Contracts

Chapter 5 (Rev. 1) 83
Project Administration Handbook for Civil Engineering Works 2012 Edition

The estimated contract sum of the contracts selected for the implementation of
the CCTS should normally be over $200 million and their contract period should be 2.5
years or longer.

Works Departments are requested to incorporate the Notes to Tenderers (NTT)

and Special Conditions of Contract (SCC) referred to below in the selected contracts, if
such selection is considered appropriate by the relevant Works Departments.

9.46.4 Notes to Tenderers and Special Conditions of Contract

Go to Table of Content
The NTT and SCC to be incorporated for implementing the CCTS is at
Appendix 5.67. The SCC is suitable for use in contracts with the standard SCC for
Payment of Wages of Site Personnel incorporated. It is not suitable for E&M
contracts and term maintenance contracts without the SCC for Payment of Wages of
Site Personnel. A separate SCC is being developed for these contracts.

The main features of the SCC are summarised as follows-

(a) Trainees must either be employed by the main contractor or the first-tier

>>>
sub-contractors, and they shall employ a specified minimum total number
of trainees to complete the training [SCC sub-clause (1)(a)].

Go to Table of Content
(b) CICTA will either prescribe the trade(s) for the trainees or, if not
prescribed by CICTA, approve the trade(s) reasonably proposed by the
main contractor [SCC sub-clause (1)(b)].

(c) The main contractor shall submit a training proposal for each CCTS
trade for CICTA’s approval and commence the training of trainees within
3 months from the date for commencement of the Works. If there is no
suitable work available in the original Contract to enable the training to
commence on time, the training can be provided under other contracts of
the main contractor, which have work opportunities for the training,

>>>
through secondment of the trainees. If work opportunities are not
available under any contracts of the main contractor, the main contractor
can seek the necessary approval to defer the training [SCC sub-clauses

Go to Table of Conten
(2), (3) and (8)]. However, the main contractor shall commence the
training when sufficient works in the relevant trade under the Contract or
any other suitable contract of the main contractor are available.

(d) The main contractor or the first-tier sub-contractors shall employ the
trainees for at least 12 months after completion of training providing at
least the specified minimum wages. However, there is flexibility given to
the contractor to justifiably shorten this 12 month employment period
[SCC sub-clauses (5)(b) and (5)(c)].

(e) If the employment of a trainee is terminated prior to the completion of

training, the main contractor is required to replace the trainee with a new
trainee within one month unless otherwise agreed by the Engineer /
Architect / Supervising Officer / Maintenance Surveyor. [SCC
sub-clause (7)].

Chapter 5 (Rev. 1) 84
Project Administration Handbook for Civil Engineering Works 2012 Edition

(f) The minimum trainee quota is mobile and trainees or graduates can be
seconded to work under any other contract (not restricted to only public
works contracts). The type of contract to which the trainees or
graduates can be seconded is given in SCC sub-clause (8)(a).

(g) SCC sub-clause (11) allows the contract sum to be adjusted and the main
contractor to claim for additional cost due to changes in the CCTS
requirement made on or after the date 10 days prior to the tender closing
date if such changes have justifiable cost implications on the Contract

Go to Table of Content
[SCC sub-clauses(1)(b)(iii) and (11)].

(h) During training, the trainees do not form part of the total local workforce
on the Site for the purpose of calculating the minimum number of
Qualified Tradesmen and Intermediate Tradesmen for the contract [SCC
sub-clause (12)].

9.46.5 Implementation Guidelines

The guidelines are given in Paragraph 21.27 of PAH Chapter 7 to facilitate

>>>
project officers in implementing the CCTS in their contracts.

Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 85
Project Administration Handbook for Civil Engineering Works 2012 Edition

10. LUMP SUM CONTRACTS WITH FIRM BILLS OF QUANTITIES

(Ref. WBTC Nos. 17/95 and 17/95A)

The Works Group Directors Meeting of September 1992 had decided that,
wherever it is appropriate and feasible, civil engineering works contracts shall be tendered
lump sum, rather than the usual remeasurement basis.

A lump sum contract means a contract where the quantities are substantially
measured firm and the final price to be paid is ascertained by adding to/deducting from

Go to Table of Content
the contractor’s accepted tender price the value of variations and other specified items
(e.g. provisional quantities and contingency items).

It is also customary for contracts for plant and equipment and for small
construction works to be awarded as lump sum based on specifications and drawings
(rather than quantities). This is outside the scope of this Handbook.

Traditionally all civil engineering works are contracted on an estimated

quantities and remeasurement basis. Certain individual items are measured and priced
lump sum, but overwhelmingly the tendered rates are treated as a preliminary schedule

>>>
of rates.

Good financial management demands as much certainty as possible over the

Go to Table of Content
final cost of a contract. A “lump sum” approach will increase that certainty compared
to total remeasurement.

With increasing pressure on the time of engineers both pre and post contract
(e.g. the introduction of “Estimating using Risk Analysis” (ERA), more thorough
programme planning and reporting, site safety management) it is necessary to find ways
of saving time elsewhere in the project development process.

For remeasurement contracts under the civil engineering General Conditions of

>>>
Contract the whole of the Works is measured more than once i.e. quantities are
estimated at the pre-tender stage, followed by interim/final accurate measurement as
work proceeds.

Go to Table of Conten
It is also noted that in many cases the design of the Works is well advanced at
tender stage and that substantial parts of the Works are unlikely to change in quantity
between tender and final account (unless there is an error in the measurement or a
variation to the design is necessary).

In the circumstances described in above paragraph, time and effort can be

saved if such contracts are awarded lump sum, thereby eliminating the need for total
post contract remeasurement. It is recognised that more pre-tender effort is necessary
to produce an advanced detailed design and accurate quantities for the tender, which
requires tight management control to avoid delay in the start on site for contracts now
in the detailed design stage.

Before any tender document is finalised, the project engineer shall aim to
ensure that the design is sufficiently completed so that there is no necessity for
substantial post contract design changes/additional information. Whenever a

Chapter 5 (Rev. 1) 86
Project Administration Handbook for Civil Engineering Works 2012 Edition

substantial part of the Works is unlikely to change, the contract shall be prepared and
awarded on the basis of lump sum (plus/minus variation etc.).

For the purposes of the above paragraph, “substantial” is defined as when the
value of the firm quantities exceeds 80% of the estimated value of the Works (not
including Provisional, Contingency and Prime Cost Sums). Unless such circumstances
exist, the tender shall not be called until the design work is so developed and finalised
and the quantities that accurately represent that work are included in the Bills of
Quantities. The quantities for those parts of the Works that cannot be fully designed

Go to Table of Content
shall be described as “provisional” and be remeasured in the usual way, as explained
more fully in the attached Practice Note at Appendix 5.12.

Contracts that fit the above paragraph situation but have to be “fast-tracked”
for policy reasons, or the nature of the works/site precludes the design from reaching
the required standard, can revert to remeasurement. Authority to “fast-track” is held
by the Head of Department, whose written agreement shall be sought. Where given,
the agreement to “fast track” or any other reason for not using lump sum, shall be
attached to the tender report.

>>>
The then Secretary for Works had directed that the responsibility for providing
the quantities shall remain with Government. The quantities shall be measured in
accordance with the appropriate SMM as required by GCC Clause 59, some

Go to Table of Content
requirements of which may not be appropriate for lump sum and shall be amended in
accordance with Appendix 5.13.

It is recognised that the change to quantities provided in accordance with the

above paragraph has staffing implications and an appropriate lead-time for a
substantial change-over to lump sum is necessary.

Whenever the lump sum approach is used, an additional Note for Tenderers
(see Standard Note to Tender (g) promulgated under ETWB TCW No. 26/2004) and a
SCC (see standard SCC 21 promulgated under SDEV’s memo ref. DEVB(W) 546/17/02

>>>
dated 9.2.2011) and the standard amendments to the SMM (at Appendix 5.13) shall be
included in the Contract.

Go to Table of Conten

Chapter 5 (Rev. 1) 87
Project Administration Handbook for Civil Engineering Works 2012 Edition

11. MISCELLANEOUS

11.1 CONTRACT NUMBER

Contract numbers will be allocated by the headquarters of the office managing the
Contract, notwithstanding that funds for the contract may be under the control of another
office. For CEDD, each development office allocates its own contract numbers.

Go to Table of Content
11.2 NOTES TO TENDERERS

Information that is relevant to the submission of tenders and contract award, but not
considered to be part of the tender documents, should be provided in the form of Notes to
Tenderers (NTT). There should be a remark on the NTT that they do not form part of the
Contract. The NTT should be bound separately from the tender documents and issued to
tenderers at the same time as tender documents.

Commonly used clauses to be included in the NTT for works contracts other than

>>>
design and build contracts are given in the Library of Notes to Tenderers promulgated in ETWB
TCW No. 26/2004. In addition, any NTT clauses promulgated by means of memos/respective
technical circulars after promulgation of the Library shall be deemed to have been included in

Go to Table of Content
the Library. The project office may use the clauses promulgated selectively since not every item
of the provisions is applicable to a particular contract. For the checklist for tenders deposited in
the Government Secretariat Tender Box as referred to in NTT (d) of ETWB TCW No. 26/2004
(or Public Works Tender Box as the case may be), please refer to Appendix 5.8.

The Notes to Tenderers promulgated under ETWB TCW No. 26/2004 has been
uploaded to the DEVB website under standard contract documents in the publications section
and they will be updated from time to time when new technical circulars are promulgated which
may affect the library content.

>>>
For the latest version, please refer to the DEVB website:
http://www.devb.gov.hk/en/publications_and_press_releases/publications/standard_contract

Go to Table of Conten
_documents/index.html

11.3 BINDING OF TENDER DOCUMENTS

The tender documents should be bound together into booklets with a front cover
sheet showing the title and number of the contract and listing the documents contained
therein. The documents will be in accordance with the list in Clause GCT 2 of the General
Conditions of Tender All pages of the tender documents should be numbered.

Tender drawings may be bound together in a separate folder, in which case the
folder should have a cover sheet listing the tender drawings (see also Chapter 6).

11.4 ELECTRONIC DISSEMINATION OF TENDER DOCUMENTS

The electronic version of tender documents for works contracts should be

Chapter 5 (Rev. 1) 88
Project Administration Handbook for Civil Engineering Works 2012 Edition

disseminated in the form of “Electronic Dissemination Package” (EDP) in accordance with

the manner and format contained in Section 3 of the Dissemination Procedures at Appendix 1
to ETWB TCW No. 11/2005.

11.5 REPRESENTATIONS AT PRE-CONTRACT STAGE

Departments should always practise with great care when issuing information to any
prospective contractor in the pre-contract stage. It should be borne in mind that such

Go to Table of Content
information, if issued, could amount to a pre-contract representation or even become a term
of the contract thereby causing significant contractual implications if the information turns
out to be incorrect Note 1. Whilst it is prudent to seek legal advice whenever doubts arise,
project offices shall also follow the guidelines stated below: (see SDEV’s memo ref.
01QXA-01-12 in DEVB(W) 546/70/02 dated 23 April 2008)

(a) Tendering stage

Departments shall set out detailed requirements of the contract in the tender
documents. Departments may also spell out particular circumstances and/or

>>>
constraints for the carrying out of the works in the tender documents with a
view to clearly delineating the obligations of the contractor. Normally, all
such information will eventually form part of the contract.

Go to Table of Content
The principle remains that any information included in the tender documents
shall be checked as fully as possible to ensure its correctness.

There may also be circumstances where information is purposely supplied to

prospective tenderers for their reference only and shall not form part of the
contract. Site investigation information normally falls into this category.
To this end, a standard General Condition of Tender Note 2 serving as a
disclaimer for the supply of site investigation information to tenderers has
been developed and this shall be incorporated as part of the tender documents.

>>>
Similar to the position in relation to prequalification as given in Paragraph 4.3
of Chapter 6, the issue of other side information, which goes beyond the

Go to Table of Conten
above, to prospective tenderers is rarely necessary or appropriate. Project
offices should be conscious of the potentially major contractual implications
that might result from incorrect information issued and allegedly having been
relied upon by the contractor. There is also the risk that the originally correct
information could become incorrect with the lapse of time or changes in
circumstances after the information is issued. Where the circumstances
genuinely require the issue of specific side information to prospective
tenderers, consent from the relevant officer at D2 rank or above shall be
obtained. Before incorporating such information as part of the tender
documents, the department shall also consult LAD(W) with regard to drafting
any Special Condition of Tender and/or Special Condition of Contract which
may be necessary having regard to the nature of the information and/or
particular circumstances of the procurement so as to safeguard the
Government’s interest.

Chapter 5 (Rev. 1) 89
Project Administration Handbook for Civil Engineering Works 2012 Edition

(b) Subsequent doubt over the truthfulness of any information issued under
(a) above

Where a piece of information has been issued under (a) above but its
truthfulness is subsequently found to be questionable due to change in
circumstances or other reason(s), LAD(W) should be consulted as to the
appropriate action to be taken (e.g. withdrawal of the information with or
without extension of the date set for submission of prequalification
applications or the tender closing date or cancellation of the

Go to Table of Content
prequalification/tender exercise) notwithstanding that a disclaimer may have
already been incorporated in the prequalification documents and/or the tender
documents.

Note 1: Under the common law and the Misrepresentation Ordinance (Cap.
284), a misrepresentation is a representation which does not accord with the
true facts. The representee who has entered into a contract in reliance on
such representation may sue for rescission (i.e. cancellation and putting the
parties back to where they were before the contract was made) and/or
damages. Where a misrepresentation has become a term of the contract,

>>>
there is a right to terminate the contract (if the term is in the nature of a
condition) and sue for damages for breach of contract as well as a right to sue
for rescission (see section 2 of the Misrepresentation Ordinance).

Go to Table of Content
Note 2: The standard General Conditions of Tender contains an express
reference to General Conditions of Contract Clause 13 with regard to
inspection of the Site.

11.6 DECLARATION AND UNDERTAKING BY OFFICERS INVOLVED IN

PREPARING TENDER DOCUMENTATION INCLUDING TENDER
SPECIFICATIONS

>>>
As required under SPR Clause 186, all officers involved in preparing tender
documentation including tender specifications must declare whether they have any actual,
potential or perceived conflict of interest at the start of deliberation or as soon as they become

Go to Table of Conten
aware of a potential conflict. Reference should be made to the memo ref. (10) in FT 93/88
from the Secretary for Financial Services and the Treasury (Treasury Branch) dated
19.12.2007 (ref. http://fb.host.ccgo.hksarg/spr/memos.htm).

The specimen Declaration and Undertaking attached to the memo from the Secretary
for Financial Services and the Treasury (Treasury Branch) dated 19.12.2007 shall be used for
the declaration. All declarations should be kept in file for record.

Chapter 5 (Rev. 1) 90
Project Administration Handbook for Civil Engineering Works 2012 Edition

12. REFERENCES

LWBTC No. 11/84 Contract Transport

LWBTC No. 7/87 Minimum Amount of an Interim Payment
WBTC No. 10/92 Provision of Refuse Containment Booms in Reclamation
Contracts Involving Public Dumping
WBTC No. 2/93 Public Dumps

Go to Table of Content
WBTC No. 2/93B Public Filling Facilities
WBTC No. 21/93, Standard Phraseology of [Bills of Quantities] Item &
WBTC No. 21/93A & Descriptions (SPID)
WBTC No. 21/93B
WBTC No. 29/93 Procedure for Incorporation of Waterworks into other Capital
Works Contracts
WBTC No. 25/94 Standard Form of Domestic Sub-contract (for specialist works)
WBTC No. 10/95 Importation of Sand from the People’s Republic of China by

>>>
Barges
WBTC No. 10/95A Additional Requirements Concerning Barge Routes and Third
Party Insurance

Go to Table of Content
WBTC No. 16/96 Wet Soil in Public Dumps
WBTC No. 17/96 Supply of Bituminous Pavement Materials and Construction of
Special Bituminous Surfacing
WBTC No. 10/97 & Use of Performance Bonds Security and Retention Moneys and
WBTC No. 10/97A Standard Form of Bond
WBTC No. 4/98 & WBTC Use of Public Fill in Reclamation and Earth Filling Projects
No. 4/98A

>>>
WBTC No. 4/99 & ETWB Construction Mediation Rules (1999 Edition) and
TCW No. 4/99A Administrative Guidelines
WBTC No. 31/99 Administrative Procedures for Use with the Government of the

Go to Table of Conten
Hong Kong Special Administrative Region - General
Conditions of Contract for Design and Build Contracts (1999
Edition), which can be found on the DEVB website (under
Publications and Press Releases\Publications\Standard Contract
Documents\).
WBTC No. 32/99 Second Stage of the Independent Safety Audit Scheme
WBTC No. 12/2000 Fill Management
WBTC No. 14/2000 Usage of Public Works Laboratories in Public Works Projects
WBTC No. 18/2000, Works Bureau Library of Standard Special Conditions of
ETWB TCW No. Contract for use with G.C.C. for Building Works, Civil
18/2000A & ETWB TCW Engineering Works and Electrical & Mechanical Engineering
No. 18/2000B Works (1999 Edition)
WBTC No. 20/2000 General Conditions of Contract for Civil Engineering Works
1999 Edition

Chapter 5 (Rev. 1) 91
Project Administration Handbook for Civil Engineering Works 2012 Edition

WBTC No. 30/2000 Construction Site Safety Manual – Second Updating of

Chapters 3 and 12
WBTC No. 13/2001 & Quality Management System Certification of Consultants and
ETWB TCW No. Contractors for Public Works Administered by the Works
13/2001A Group of Departments
WBTC No. 13/2002 Employment of Qualified Tradesmen and Intermediate
Tradesmen by Contractors of Public Works Contracts
WBTC No. 19/2002 Mass Transit Railway Protection

Go to Table of Content
WBTC No. 26/2002 Special Conditions of Contract for Use in Mega Project
Contracts
ETWB TCW No. 29/2002 Geotechnical Control for Slopes and Retaining Walls
& ETWB TCW No.
29/2002A
ETWB TCW No. 30/2002 Implementation of Site Safety Cycle and Provision of Welfare
Facilities for Workers at Construction Sites
ETWB TCW No. 34/2002 Management of Dredged/Excavated Sediment

>>>
ETWB TCW No. 50/2002 Contractors’ Joint Ventures
ETWB TCW No. 54/2002 Guidance on Execution of Public Works Contracts under Seal

Go to Table of Content
ETWB TCW No. 4/2003 Assessment of Liquidated Damages
ETWB TCW No. 13/2003 Guidelines and Procedures for Environmental Impact
& ETWB TCW No. Assessment of Government Projects and Proposals
13/2003A
ETWB TCW No. 21/2003 Contract Price Fluctuation System for Civil Engineering and
Building Contracts
ETWB TCW No. 22/2003 Additional Measures to Improve Site Cleanliness and Control
& ETWB TCW No. Mosquito Breeding on Construction Sites

>>>
22/2003A
ETWB TCW No. 24/2003 Permanent Reinforced Fill Structures and Slopes

Go to Table of Conten
ETWB TCW No. 28/2003 Protection of Harbour Area Treatment Scheme Stage I
Sewerage Tunnel
ETWB TCW No. 33/2003 West Rail Protection
ETWB TCW No. 11/2004 Cyber Manual for Greening
ETWB TCW No. 12/2004 Computer Facilities for Works Contracts
ETWB TCW No. 13/2004 Engagement of Sub-contractors registered from Voluntary
Sub-contractor Registration Scheme
ETWB TCW No. 16/2004 The Use of Permanent Prestressed Ground Anchors in
Government Projects
ETWB TCW No. 24/2004 Specification Facilitating the Use of Concrete Paving Units
Made of Recycled Aggregates
ETWB TCW No. 25/2004 Contractor’s Design and Alternative Designs

Chapter 5 (Rev. 1) 92
Project Administration Handbook for Civil Engineering Works 2012 Edition

ETWB TCW No. 26/2004 Library of General Conditions of Tender, Special Conditions of
Tender and Notes to Tenderers
ETWB TCW No. 29/2004 Registration of Old and Valuable Trees, and Guidelines for
their Preservation
ETWB TCW No. 33/2004 Tender Procedures for Procurement governed by the
Agreement on Government Procurement of the World Trade
Organization
ETWB TCW No. 2/2005 Capital Works or Maintenance Works (including Tree Planting)

Go to Table of Content
within or Adjacent to the Kowloon-Canton Railway (Hong
Kong) Section, Tsim Sha Tsui Extension and Ma On Shan Rail
ETWB TCW No. 6/2005 Implementation of Systematic Risk Management in Public
Works Projects
ETWB TCW No. 7/2005 Procurement of Construction Related Insurance
ETWB TCW No. 9/2005 Contractor Management Handbook - Revision B
ETWB TCW No. 11/2005 Electronic Dissemination of Tender Documents and Electronic
Submission of Tender Returns on Removable Media

>>>
ETWB TCW No. 15/2005 Geotechnical Control on Tunnel Works
ETWB TCW No. 19/2005 Environmental Management on Construction Sites

Go to Table of Content
ETWB TCW No. 2/2006 Drainage Impact Assessment Process for Public Sector Projects
ETWB TCW No. 3/2006 Tree Preservation
DEVB TCW No. 9/2007 Professional Indemnity Insurance for Consultancy Services,
Works Contracts Involving Contractor’s Design or Independent
Checking Engineer’s Services
DEVB TCW No. 7/2007 General Specification for Civil Engineering Works, 2006
Edition
DEVB TCW No. 3/2009 Regulating Action against Contractors for Occurrence of a

>>>
Serious Incident or Conviction for Site Safety or
Environmental Offences

Go to Table of Conten
DEVB TCW No. 6/2010 Trip Ticket System for Disposal of Construction & Demolition
Materials
DEVB TCW No. 8/2010 Enhanced Specification for Site Cleanliness and Tidiness
FC No. 2/2008 Correctional Services Industries
FC No. 2/2009 Initiating Works-related Tendering and Consultant Selection
Procedures before Funding is Secured

Chapters 3 and 12 of the Construction Site Safety Manual

Contractor Management Handbook
S for W’s memo ref. WB(W) 209/32/110 Pt. 12 dated 9.1.2001
S for W’s memo ref. WB(W) 209/32/110 dated 23.3.2001
S for W’s memo ref. WB(W) 272/31/02D dated 4.4.2002
S for W’s memo ref WB(W) 250/32/72A dated 12.6.2002
SETW’s memo ref. ETWB(W) 211/32/01 dated 5.8.2002

Chapter 5 (Rev. 1) 93
Project Administration Handbook for Civil Engineering Works 2012 Edition

SETW’s memo ref. ETWB(W) 1552/662/CL SF(1) dated 3.12.2003

SETW’s memo ref. ETWB(W) 249/38/02 [TC 13/2001] dated 29.3.2004
SETW’s memo ref. ETWB(CR)(W) 1-150/4 Pt.2 dated 27.4.2004
SETW’s memo ref. (008BT-01) in ETWB(W) 830/31/01 dated 12 .7.2004
SETW’s memo ref. (00E1C-01-3) in ETWB(W) 506/00/01 dated 1.11.2004
SETW’s memo (00NKG-01-2) in ETWB(W) 926/50/01 dated 27.5.2005
SETW’s memo ref (00W45-01-9) in ETWB(W) 810/72/01 dated 21.11.2005
SETW’s memo ref (014G7-01-1) in ETWB(W) 517/91/01 dated 19.6.2006

Go to Table of Content
SETW’s memo ref. (014DQ-01-8) in ETWB(W)L/M(4)505/91/01 dated 29.8.2006
SETW’s memo ref. (018RD-01-1) in ETWB (W) 925/50/01 dated 13.10.2006
SDEV’s memo ref. (01KKA-01-8) in DEVB(W) 810/83/09 dated 11.10.2007
SDEV’s memo ref. (01M97-01-4) in DEVB(PS) 105/64/1 dated 17.12.2007
SDEV’s memo ref. (01N5V-01-2) in DEVB(W) 810/83/09 dated 24.12.2007
SDEV’s memo ref. 01QXA-01-12 in DEVB(W) 546/70/02 dated 23.4. 2008
SDEV’s memo ref. (01TC9-01-5) in DEVB(W) 510/17/01 dated 17.7.2008
SDEV’s memo ref. DEVB(PS) 107/3 dated 18.7.2008

>>>
SDEV’s memo ref. (01VP5-01-4) in DEVB(W) 510/17/01 dated 11.11.2008
SDEV’s memo ref. DEVB(W) 109/11/01. Pt.9 dated 19.12.2008

Go to Table of Content
SDEV’s memo ref. (01TAM-01-7) in DEVB(W) 536/70/03 Pt.2 dated 7.1.2009
S for W’s memo WB(W) 216/29/2 dated 10.05.2001
Lands Department’s memo ref. (3) in LD TI 10/04/03 dated 16.6.2004
D of Audit’s memo ref. (1) in UI/GLD/GEN/0-1 dated 9.8.2004
SFST’s memo ref. (51) in FT 8/86 Pt. 2 dated 17.12.2007
SFST’s memo ref. (10) in FT 93/88 dated 19.12.2007
Memo from Chairman, Public Works Tender Board, ref. (61) in PW/TB/GEN/06 dated 8.1.2008
DEVB’s emails dated 3.9.2007 and 25.9.2007

>>>
SDEV’s memo ref. (02245-01-13) in DEVB(W) 510/34/01 dated 6.10.2009
SDEV’s memo ref. (025B1) in DEVB(W) 520/83/01 dated 26.1.2010
SDEV’s memo ref. (026NM-01-3) in DEVB(W) 546/17/01 dated 25.6.2010

Go to Table of Conten
SDEV’s memo ref. (027N7-01-2) in DEVB(W) 510/10/01 dated 29.6.2010
SDEV's memo ref. (027RU-01-3) in DEVB(W) 510/17/01 dated 16.7.2010
SDEV’s memo ref. DEVB(W)810/83/09 dated 24.9.2010
SDEV’s memo ref. (028IL-01-5) in DEVB(W) 510/70/01 dated 1.11.2010
SDEV’s memo ref. DEVB(W) 546/17/02 dated 9.2.2011
SDEV’s memo ref. (02APB-01-8) in DEVB(W) 510/83/08 dated 8.3.2011
SDEV's memo ref. (02B2H-01-5) in DEVB(W) 510/10/01 dated 9.3.2011
SDEV’s memo ref. (02BL7-01-2) in DEVB(W) 510/10/01 dated 12.4.2011
SDEV’s memo ref. (02B6J-01-6) in DEVB(W) 510/10/01 dated 24.3.2011
SDEV’s memo ref. in DEVB(Trg) 133/3 (7) dated 11.5.2011
SDEV’s memo ref. ( ) in DEVB(W) 546/70/01 dated 8.8.2011
SDEV’s memo ref. ( ) in DEVB(Trg) 133/4 (5) dated 30.12.2011 and SDEV’s email dated
20.3.2012
SDEV’s memo ref. ( ) in DEVB(W) 511/70/02 dated 4.7.2012

Chapter 5 (Rev. 1) 94
Project Administration Handbook for Civil Engineering Works 2012 Edition

SDEV’s memo ref. (02FYE-01-11) in DEVB(W) 510/17/01 dated 27.7.2012

SFST’s memo ref. (14) in TsyB T 00/810-1/3/0 dated 12.8.2011 and FSTB’s email of 31.8.2011
SDEV’s memo ref. (02KJ8-01-4) in DEVB(W) 510/94/02 dated 22 July 2013 Launching of
Stage 2 of the Voluntary Subcontractor Registration Scheme (Renamed as Subcontractor
Registration Scheme) Amendment No. 3/2013

Director of Audit - Audit Report No. 53 Ch. 3 (http://www.aud.gov.hk/pdf_e/e53ch03.pdf)

DEVB website:

Go to Table of Content
http://www.devb.gov.hk/en/publications_and_press_releases/publications/standard_contract_doc
uments/index.html

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 95
Project Administration Handbook for Civil Engineering Works 2012 Edition

Go to Table of Content
APPENDICES

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 96
Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.1 FORM OF TENDER

(Applicable to capital works contracts other than design and build contracts)

THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

................................ DEPARTMENT

Go to Table of Content
CONTRACT NO. …………….

(Title of Contract)

FORM OF TENDER

NOTES:

(1) The Appendix forms part of the Contract.

>>>
(2) If the tenderer is a sole proprietorship or a partnership, the name(s) and residential
address(es) of the sole proprietor or all the partners shall be given in the spaces provided
below.

Go to Table of Content
(3) In all cases, the tenderer must give the number and the expiry date of the business
registration certificate here:

Number :

Expiry Date :

1
To: The Chairman,

>>>
Central Tender Board,
Ground Floor, East Wing,
Central Government Offices,

Go to Table of Conten
2 Tim Mei Avenue, Tamar, Hong Kong.

Having inspected the Site, examined the Drawings, General Conditions of Contract
and Special Conditions of Contract (hereinafter referred to as “the said Conditions”),
Specification and 2Bills of Quantities for the execution of the Works as defined in the
Contract, I/we offer to construct, complete and maintain the whole of the said Works in
conformity with the said Conditions, Drawings, Specification 3and Bills of Quantities for the
sum of Dollars ............................................................... ($...............) or such sum as may be
ascertained in accordance with the said Conditions, Drawings, Specification and Bills of
Quantities.

Chapter 5 (Rev. 1) 97
Project Administration Handbook for Civil Engineering Works 2012 Edition

FORM OF TENDER – P. 2

4
2. If my/our Tender is accepted I/we will when required,

#(a) deposit with the Director of Accounting Services, the Government of the Hong
Kong Special Administrative Region, as security for the due performance of the
Contract a sum of $........, such deposited sum to be returned to me/us in
accordance with the said Conditions.

Go to Table of Content
#(b) with the approval of the Employer obtain the guarantee of a Bank or Insurance
Company [to be approved by the Employer] to be jointly and severally bound
with me/us in a sum of $.…... for the due performance of the Contract under the
terms of a Bond in accordance with the said Conditions.

3. I/We agree to abide by this Tender for the period of 590 days from the date of expiry
fixed for receiving the same and it shall remain binding upon me/us and may be accepted at
any time before the expiration of that period.

>>>
4. Unless and until the Articles of Agreement is prepared and executed this Tender
together with the written acceptance thereof by the Employer subject to the provisions of
clause 3 hereof shall constitute a binding Contract between us.

Go to Table of Content
5. I/We understand that the Employer reserves the right to negotiate with any tenderer
about the term of the offer and is not bound to accept any tender irrespective of whether the
tender is the lowest offer or, where the assessment of the tenders is based on a marking
scheme or formula approach, the tender is with the highest overall mark.

NOTES:

1. Where the tenders are to be submitted to a tender board other than the Central Tender

>>>
Board, type in the name and the address of the tender board in lieu of that of the Central
Tender Board.

Go to Table of Conten
2. All references to Bills of Quantities may need to be suitably adjusted where some other
forms are used.

3. Replace “and Bills of Quantities” with “, Bills of Quantities and the technical
resources and technical proposals submitted in accordance with Clause 4(1)(d) of the
General Conditions of Tender” when the tender adopts a marking scheme for use in
tender evaluation.

4. This item may be deleted if a security is not required.

5. Normally 90 days.

# Tenderer to delete either clause 2(a) or 2(b)

Chapter 5 (Rev. 1) 98
Project Administration Handbook for Civil Engineering Works 2012 Edition

FORM OF TENDER – P. 3

Name ...........................................................................................................................................

Signature .....................................................................................................................................

Go to Table of Content
in the capacity of .........................................................................................................................

duly authorized to sign tenders for and on behalf of + .........................................................….

......................................................................................................................................................

......................................................................................................................................................

......................................................................................................................................................

>>>
......................................................................................................................................................

......................................................................................................................................................

Go to Table of Content
Trading in Hong Kong under the style of @ ............................................................................

Registered address of firm .........................................................................................................

......................................................................................................................................................

......................................................................................................................................................

>>>
Date .............................................................................................................................................

Name of Witness ........................................................................................................................

Signature of Witness ......…………………………………………………………………......... Go to Table of Conten

Occupation .....................…………………………………........................................................

Address of Witness ....................................................................................................................

......................................................................................................................................................

......................................................................................................................................................

......................................................................................................................................................

......................................................................................................................................................

Chapter 5 (Rev. 1) 99
Project Administration Handbook for Civil Engineering Works 2012 Edition

FORM OF TENDER – P. 4

Name(s) of the sole proprietor/partners Residential address(es) of the sole

proprietor/partners

Go to Table of Content
>>>
Go to Table of Content
+ In the case of a limited company, insert the name of the company.

@ In the case of a sole proprietorship, a partnership or an unincorporated joint venture,

the name(s) of the sole proprietor, all the partners or all the participants in the
unincorporated joint venture must be inserted above and name of the firm inserted at
@.

(The lines below may be deleted if a security is not required)

>>>
To be inserted by the Engineer before the signing of the Articles of Agreement:

Security Deposit (if any) Receipt No. ....................................................................................... Go to Table of Conten

Amount .......................................................................................................................................

Date .............................................................................................................................................

Chapter 5 (Rev. 1) 100

Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX TO FORM OF TENDER

General Conditions of Contract for Civil Engineering Works (1999 Edition)

Clause No.

1(1) Maintenance Period ...... months

*[Maintenance Period for the Works, except Establishment Works,

Go to Table of Content
Aftercare to Old and Registrable Trees ...... months
and preservation and protection to existing trees (Section xx)]
Maintenance Period for Establishment Works ...... months
1
[Maintenance Period for preservation and protection to existing trees
(Section xx) ...... months]
1
[Maintenance Period for Aftercare to Old and Registrable Trees2 ...... months]

2(1)(b) Actions of the Engineer subject to the Employer’s right of objection and direction

The Engineer is required under the terms of his appointment by the Employer to

>>>
obtain confirmation of no objection from the Employer and, in the event of an
objection, to act in accordance with the Employer’s direction before ordering any
variation to the Works or taking any other action (including without limitation

Go to Table of Content
making an order under General Conditions of Contract Clause 54) which may
commit the Employer to additional expenditure under the Contract, other than in
respect of claims, of a value estimated to exceed HK$300,000. This requirement
shall not be applicable where the variation order or other action is considered by the
Engineer to be essential on grounds of safety or other emergency in circumstances
when it is impracticable to refer the matter to the Employer beforehand.

The Engineer may, subject to any prior contrary instructions given by the Employer
to the Engineer, order variation to the Works in accordance with the provisions of
the Contract or take any other action (including without limitation making an order

>>>
under General Conditions of Contract Clause 54) which may commit the Employer
to additional expenditure under the Contract, other than in respect of claims, without
the need to obtain confirmation of no objection from the Employer if the value of

Go to Table of Conten
such order or commitment is estimated not to exceed HK$300,000.
3
[The Engineer is required under the terms of his appointment4 by the Employer to
obtain confirmation of no objection from the Employer and, in the event of an
objection, to act in accordance with the Employer’s direction before permitting the
Contractor to introduce an extra tier of sub-contracting in accordance with
sub-clause (5) of SCC[X5].]

*[The *Engineer/Supervising Officer is required under the terms of his appointment9

by the Employer to obtain confirmation of no objection from the Employer and, in
the event of an objection, to act in accordance with the Employer’s direction before
issuing instruction on implementation of the Section Subject to Excision as defined
in sub-clause (1) of SCC [X10].]

*12 Amount of bond or cash security (if required) $ ................

Chapter 5 (Rev. 1) 101

Project Administration Handbook for Civil Engineering Works 2012 Edition

47 Time after acceptance of Tender within which the date for

commencement of the Works shall occur .......... days

49 Time for completion of the *Works/Section ……. .......... days

6
52 Liquidated damages

[For use where the Works are not divided into Section]
For the Works HK$[..............* (Y1 + …. Yn)+..............]7 per day

Go to Table of Content
[For use where the Works are divided into Sections]
Section A HK$[…. * Y1 + …. * Yn + ….* Y2 + ….]7 per day

Section B HK$[…. * Y1 + …. * Yn + …. * Y3 + ….]7 per day

In the above summary statement of liquidated damages:

Y1 = Total sum of Bill No. 1 in the Bills of Quantities
Y2 = Total sum of Bill No. 2 in the Bills of Quantities
Y3 = Total sum of Bill No. 3 in the Bills of Quantities
Yn = The value of the Adjustment Item

>>>
(Note: items which do not attract LD’s, such as the safety related items, should be
taken out)

Go to Table of Content
79(1) Percentage of certified value retained ..... per cent

79(1) Limit of Retention Money $ …..............

79(2) Minimum amount of interim certificate $ …..............

*[There shall be no minimum amount of interim certificates for
the Establishment Works]

Special Conditions of Contract

>>>
*SCC __ Period for Establishment Works ...... months

*SCC __ Time, commencing from and including the date for

Go to Table of Conten
commencement of the Works notified by the Engineer in
accordance with GCC Clause 47, within which the Section
Subject to Excision may be ordered .......... days

*SCC __ Minimum amount of third party insurance $ …..............

*SCC __ Minimum amount of liquidated damages for the *Works/Sections $ …. per day

*SCC __ Sum8 payable to the Employer in the event that Old and
Valuable Tree No. __ dies or becomes moribund $ …..............

*SCC __ Period for Aftercare to Old and Valuable Trees (*Tree/Trees No.
__)2 ……months

Chapter 5 (Rev. 1) 102

Project Administration Handbook for Civil Engineering Works 2012 Edition

NOTES:

* Delete or modify as appropriate

1. Use when a separate Section of the Works (Section xx) is given for preservation and
protection to existing trees. The scope of Section xx is described in the Particular
Specification.

2. The Period for Aftercare to Old and Valuable Trees together with its subsequent

Go to Table of Content
Maintenance Period should preferably end on the same date as the Maintenance
Period for the Works, or if there is more than one Maintenance Period, on the same
date as the last Maintenance Period.

3. This paragraph is applicable to all public works contracts (other than maintenance
contracts). Please refer to SDEV’s memos ref. (01TC9-01-5) in DEVB(W)
510/17/01 dated 17 July 2008 and ref. (01VP5-01-4) in DEVB(W) 510/17/01 dated
11 November 2008.

4. Where the Engineer is a consultant, works department should take steps to ensure

>>>
that the constraint is stipulated in the relevant consultancy agreement.

5. To insert relevant clause number for the SCC clause on Limiting the Tiers of

Go to Table of Content
Sub-contracting.

6. Refer to ETWB TCW No. 4/2003 for guidance to include appropriate provisions in
the Appendix to the Form of Tender where there is no minimum LD’s and where
there is minimum LD’s.

7. Choose from either (a) or (b) below an appropriate footnote depending on whether
or not there is minimum LD’s for the Works/Sections and, where the works involve
excavation requiring the application of excavation permits, add footnote (c):

>>>
(a) Where there is no minimum LD’s

“The value of the formula within the square brackets shall be taken as zero for

Go to Table of Conten
the purpose of computation of the daily rate of liquidated damages if and when
the sum is worked out to be a negative value by substituting Y1, …Yn with its
corresponding value in the priced Bills of Quantities.”

(b) Where there is minimum LD’s

“The value of the formula within the square brackets shall be taken as HK$ [the
minimum amount of LD’s for the Works or, as the case may be, the relevant
Section] per day for the purpose of computation of the daily rate of liquidated
damages if and when the sum is worked out to be less than HK$ [the minimum
amount of LD’s for the Works or, as the case may be, the relevant Section] per
day by substituting each of Y1, ....Yn with its corresponding value in the priced
Bills of Quantities.”

(c) Where application of excavation permit is required

Chapter 5 (Rev. 1) 103

Project Administration Handbook for Civil Engineering Works 2012 Edition

“In computing the above liquidated damages, the Employer has not taken into
account the Employer’s liability for fees including economic cost under the
Land (Miscellaneous Provisions) Ordinance, Cap. 28 (“the Ordinance”) for
any extension in respect of a permit referred to in Sections 10A(3) and 10D(4)
of the Ordinance.”

8. Separate sum shall be applied to each tree if more than one Old and Valuable Tree is
involved. The sum for each Old and Valuable Tree shall be the genuine pre-tender
estimate of the cost that the Employer has expended in nurturing, preservation,

Go to Table of Content
protection and maintenance of that particular tree.

9. Where the Engineer/Supervising Officer is a consultant, works departments should

take steps to ensure that the constraint is stipulated in the relevant consultancy
agreement.

10. To insert relevant clause number of the SCC clause on Section Subject to Excision.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 104

Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.2 GUIDELINES FOR COMPLETING THE FORM OF TENDER

(1) Maintenance Period for the Works

The Maintenance Periods for the Works and for Establishment Works are normally
12 months and 1 month respectively but may vary depending on the type of work.
If separate Sections of Works are provided for preservation and protection of
existing trees, and where required, Aftercare to Old and Valuable Trees, the

Go to Table of Content
Maintenance Periods are to be determined by the project office and would usually be
1 month.

(2) Actions of the Engineer subject to the Employer’s right of objection and direction

Clause 2 of the GCC 1999 Edition provides that the Employer may impose
constraints on the powers of the Engineer. According to existing policy, the
Engineer shall obtain the agreement of the Employer before ordering variation in
excess of $300,000. The Engineer may however commit expenditure other than in
respect of claims if such commitment is less than $300,000. Besides, the Engineer

>>>
may, subject to the Employer’s right of objection, (i) permit the contractor in all
public works contracts (other than maintenance contracts) to introduce an extra tier
of sub-contracting for a part of the Works, (ii) issuing instruction on implementation

Go to Table of Content
of the Section Subject to Excision and (iii) approve alternative disposal grounds
proposed by the Contractor. These provisions shall be set out in the Appendix to
the Form of Tender.

(3) Amount of bond or cash security

This provision is not usually required for typical works contracts but shall be
included where the circumstances as stated in para. 2 of WBTC No. 10/97 warrant.
If bond or cash security is required, refer to Appendix A of WBTC No. 10/97 for
such amount (rounded off to the nearest $1000) with respect to the estimated

>>>
contract value. Appendix B of WBTC No. 10/97A gives the standard form of
performance bond to be incorporated in the tender documents if required.

(4) Time after acceptance of Tender within which the date for commencement of the Go to Table of Conten
Works shall occur

Enter a specific number of days, generally between 7 and 42 days unless there are
reasons for specifying a different period.

(5) Time for completion of the Works/Sections

This should be based on a realistic estimate of the normal period required for
construction of the Works or Section of the Works (including ‘Section subject to
Excision’), having regard to the date when completion of the project is required,
particularly with respect to the programme of other related projects.

In assessing the contract period before proceeding to tender, no allowance need

be made for the effects of inclement weather unless it is intended to delete the

Chapter 5 (Rev. 1) 105

Project Administration Handbook for Civil Engineering Works 2012 Edition

inclement weather sub-clause (reference should be made to Paragraph 9.18).

Establishment Works normally forms a ‘Section of Works’ of its own. However, if

it is not desirable to do so, the clause may be suitably modified or described to make
clear the respective time for completion of ‘Works except Establishment Works’ and
‘Establishment Works’.

(6) Liquidated damages

Go to Table of Content
See ETWB TCW No. 4/2003 for detailed guidelines on liquidated damages. The
liquidated damages for ‘Section subject to Excision’ shall also be included.

(7) Percentage of certified value retained

Refer to Appendix A of WBTC No. 10/97 for the rate of retention with respect to the
estimated contract value. Whenever practicable, the percentage used for the
calculation of Retention Money for Nominated Sub-contracts is to be the same as
that used for the main contract.

>>>
(8) Limit of Retention Money

Refer to Appendix A of WBTC No. 10/97 for the limit of Retention Money

Go to Table of Content
(rounded off to the nearest $1000) with respect to the estimated contract value.

(9) Minimum amount of interim certificate

According to LWBTC No. 7/87, the minimum amount of interim certificate for
contracts with an estimated contract sum of $2,000,000 or more is to be:

Minimum amount of
Estimated Contract Sum interim certificate

>>>
$ 2 M up to and including $ 5M $ 70,000
over $ 5M up to and including $ 10 M $110,000
over $ 10 M up to and including $ 25 M $160,000

over $ 25 M up to and including $ 50 M $250,000 Go to Table of Conten

over $ 50 M up to and including $100M $350,000
over $ 100 M up to and including $250 M $500,000
over $ 250 M $750,000

For contracts with an estimated contract sum of less than $2,000,000, the minimum
amount of interim certificate should be:

Estimated Contract Sum

×F
Period for completion in months

where F is a factor normally ranging between 0.6 and 0.8 and shall be decided by the
officer preparing the tender documents to suit the type and timing of the proposed
work. However, the minimum amount shall not exceed $50,000.

Chapter 5 (Rev. 1) 106

Project Administration Handbook for Civil Engineering Works 2012 Edition

(10) Minimum amount of third party insurance [if required]

The minimum amount of third party insurance should normally be assessed

following a risk based approach given in ETWB TCW No. 7/2005. For works
project with a cost estimate in excess of $200M, a systematic risk management
(SRM) promulgated in ETWB TCW No. 6/2005 shall be adopted. For works
project at a cost less than $200M, works departments should adopt an approach of
risk assessment similar to the SRM.

Go to Table of Content
(11) Works involving preservation and protection of existing trees and Old and Valuable
Trees

The guidelines regarding the preservation and protection of existing trees, and where
required, the protection and maintenance of registered Old and Valuable Trees can
be found in ETWB TCW No. 29/2004 and the Cyber Green Manual promulgated in
ETWB TCW No. 11/2004.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 107

Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.3 SCHEDULE OF PROPORTIONS

[Extracted from Appendix B1 to ETWB TCW No. 21/2003]

THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

........................ DEPARTMENT

CONTRACT NO. ......................

Go to Table of Content
(Title of Contract)

Schedule of Proportions to be used in

Calculating the PRICE FLUCTUATION FACTOR (PFF)

This Schedule must be completed in accordance with the Notes overleaf and submitted with
the Tender.

>>>
Item of Labour and Percentage of “Effective Value” Calculated
Selected Materials of the Works Proportions
applicable to this LIMITS TENDER Index

Go to Table of Content
Contract Max. Min. (whole number) Proportion (†)
(*) (0.0085×(3))
(Column No.) (1) (2) (3) (4)
Composite labour for civil
engineering contracts
Aggregates
Bitumen
Diesel fuel

>>>
Steel reinforcement
Galvanised mild steel

Go to Table of Conten
Portland cement (ordinary)
Timber formwork
All other costs not subject to - - - 0.1500
adjustment
TOTAL - - 100 1.0000

Signature: ___________________________

Name of tenderer: ___________________________

Company: ___________________________

Date: ___________________________

Chapter 5 (Rev. 1) 108

Project Administration Handbook for Civil Engineering Works 2012 Edition

Notes:

(*) Column (3) to be filled in by the tenderer in whole number within the limits set in
columns (1) and (2)

(†) Column (4) to be completed by the Engineer Designate prior to executing the
Articles of Agreement.

Go to Table of Content
>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 109

Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.4 GUIDELINES FOR PREPARING THE SCHEDULE

OFPROPORTIONS

[Extracted from ETWB TCW No. 21/2003]

1. Limits to be used on Schedule of Proportions

Go to Table of Content
The limits set in columns (1) and (2) of the Schedule of Proportions are to suit the
type of proposed contract, e.g. for a labour intensive contract the limits set for
Labour will be high. It is necessary to ensure that wide gaps between minimum
and maximum levels are not unintentionally provided. As a general check on the
reasonableness of the range of maximum and minimum percentages to be used it is
suggested that, as a general rule, the total of column (1) should not be less than 135
or more than 145 and that the total of column (2) should not be less than 60 or more
than 70.

>>>
2. Use of more than one Schedule of Proportions

The Director of Audit has recommended that in order to reduce the possibility of

Go to Table of Content
speculation by contractors, the use of more than one Schedule of Proportions should
be considered, especially for contracts with two or more diverse elements where a
single Schedule of Proportions may not produce an equitable method of
reimbursement of price fluctuations. An example of the use of two Schedules of
Proportions would be the case of site formation works which would be followed by
building works. In view of the diverse nature of the two types of work, two
schedules of proportions should be considered. Another example would be a road
construction contract with extensive earthworks and bridgework but where
bituminous pavement works would not be carried out until the last few months of the
contract period. In this case the bituminous pavement works would be billed alone

>>>
in one section of the BQ and a separate Schedule of Proportions provided.

Where the use of more than one Schedule of Proportions is warranted, it will be

Go to Table of Conten
necessary to ensure that the schedules apply to specified bills of the BQ and that
appropriate Special Conditions of Contract and Special Conditions of Tender are
provided.

Chapter 5 (Rev. 1) 110

Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.5 FORMAT OF THE GRAND SUMMARY TO THE BILLS OF

QUANTITIES

THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

............................................ DEPARTMENT
CONTRACT NO. ………………….….
(Title of Contract)
BILLS OF QUANTITIES
GRAND SUMMARY

Go to Table of Content
Page No. Bill No. Description HK$
1 Preliminaries
2 ..
.. ..
.. Site Safety and Environmental
X Management+
Daywork

>>>
Y
Prime Cost and Provisional Sums
(excluding the sum allowed for MPF

Go to Table of Content
reimbursement)

Sub-Total of bill No. 1 to Y inclusive

Contingency Sum(1)

Total of the above

Add 3.5%# of the Total above as a

Provisional Sum for reimbursement of
MPF(2)

>>>
Grand Total

Go to Table of Conten
Adjustment Item
*Addition/*Deduction

Tender Sum

Signature of person authorized

to sign on behalf of tenderer: ……………………………………..

Name of tenderer: …………………………………………………

Date: ……………………………………………………………….

+ the Bill on Site Safety and Environmental Management is to be provided for all
appropriate tenders required under WBTC Nos. 32/99, 30/2000, ETWB TCW No.

Chapter 5 (Rev. 1) 111

Project Administration Handbook for Civil Engineering Works 2012 Edition

19/2005 and the Interim Guidance Note on Administration of Environmental

Management and Pay for Safety and Environment Scheme for Public Works Contracts
promulgated under SETW’s memo ref. (014G7-01-1) in ETWB(W) 517/91/01 dated
19.6.2006, and SDEV’s memo ref. (01KKA-01-8) in DEVB(W) 810/83/09 dated
11.10.2007.
# Exact percentage to be decided by the project office
* delete where inappropriate

Go to Table of Content
(1)
Where the Special Condition of Tender on reduction of Contingency Sum has been
included, the Employer has power to reduce the amount of the Contingency Sum as
stated in the Bills of Quantities by giving notification in writing to the tenderer whose
tender is going to be recommended for contract award.
(2)
Where the Special Condition of Tender (SCT) on reduction of Contingency Sum has
been included and in accordance with sub-clause (2)(c) of the SCT, this provisional sum
for reimbursement of Mandatory Provident Fund contribution shall not be affected by a
reduction in the amount of the Contingency Sum by the Employer under sub-clause
(2)(a) of the SCT.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 112

Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.6 NOTE TO TENDERERS AND SPECIAL CONDITION OF

CONTRACT FOR ENGAGEMENT OF SUB-CONTRACTORS
REGISTERED FROM SUB-CONTRACTOR REGISTRATION
SCHEME
(REF.: Subsumed from ETWB TCW No. 13/2004 & SDEV’s memo
ref. (02KJ8-01-4) in DEVB(W) 510/94/02 dated 22 July 2013)
Amendment No. 3/2013

The following Note to Tenderers and Special Condition of Contract shall be included in

Go to Table of Content
tenders for all capital and maintenance works contracts:

Notes to Tenderers:

“Tenderers’ attention is drawn to the Special Condition of Contract [x] requiring the
engagement of sub-contractors who are registered under the respective trades available
in the Primary Register of the Voluntary Sub-contractor Registration Scheme.”

Special Condition of Contract

>>>
I) “SCC[x] - Engagement of sub-contractors who are registered under the
respective trades available in the Primary Register of the Amendment No.
3/2013Sub-contractor Registration Scheme:

Go to Table of Content
General Conditions of Contract Clause 4 is amended by adding the following:

(8)(a) Where the Contractor is to [sub-contract/sub-let]1 part of the Works execution

of which involves trades available under the Primary Register of the Amendment No.
3/2013 Sub-contractors Registration Scheme, the Contractor shall engage, for the
purposes of execution of such part of the Works, sub-contractors as stated in
the Contactor’s latest updated submission of the Sub-contractor Management
Plan and who have completed their registration under the relevant trades
available in such Primary Register before the commencement of the works

>>>
under the relevant sub-contracts. Provided that the Contractor shall not engage
a sub-contractor who is suspended or in the process of an appeal against his
suspension from registration under such Primary Register unless the

Go to Table of Conten
suspension is lifted before the commencement of the works under the relevant
sub-contracts. The foregoing shall also apply to the Contractor’s engagement of
[Nominated Sub-contractors]2, [Specialist Sub-contractors]3 and
[sub-contractors for specialist works referred to in Special Condition of
Contract Clause [ ]4]5.

(b) The Contractor shall ensure that where any part of the part of the Works
sub-contracted to :-

(i) a sub-contractor engaged under sub-clause 8(a) of this Clause;

2
[(ii) a Nominated Sub-contractor;]
3
[(iii) a Specialist Sub-contractor; or]

Chapter 5 (Rev. 1) 113

Project Administration Handbook for Civil Engineering Works 2012 Edition

[(iv) a sub-contractor for specialist works referred to in Special Condition of

4 5
Contract Clause [ ] ],

execution of which involves trades available under the Primary Register

of the Amendment No. 3/2013 Sub-contractor Registration Scheme is further
sub-contracted (irrespective of any tier), sub-contractors (irrespective of
any tier) as stated in the Contractor's latest updated submission of the
Sub-contractor Management Plan and who have completed their
registration under the relevant trades available in such Primary Register

Go to Table of Content
before the commencement of the works under the relevant further
sub-contracts are engaged for the purposes of execution of such part of
the part of the Works. The Contractor shall also ensure that a
sub-contractor (irrespective of any tier) who is suspended or in the
process of an appeal against his suspension from registration under such
Primary Register shall not be engaged for the aforesaid further
sub-contracting (irrespective of any tier) unless the suspension is lifted
before the commencement of the works under the relevant further
sub-contracts.

>>>
(c) For the purposes of this sub-clause, “Amendment No. 3/2013 Sub-contractors
Registration Scheme” and “Primary Register of the Amendment No. 3/2013
Sub-contractor Amendment No. 3/2013 Registration Scheme” respectively means the

Go to Table of Content
Amendment No. 3/2013 Sub-contractor Amendment No. 3/2013 Registration Scheme managed
by the Construction Industry Council and the Primary Register of the Amendment
No. 3/2013 Sub-contractor Registration Scheme as referred to in the Rules and
Procedures applicable to the aforementioned Subcontractor Registration
Scheme Amendment No. 3/2013.”

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 114

Project Administration Handbook for Civil Engineering Works 2012 Edition

Notes:

1. Use “sub-contract” or “sub-let” as appropriate depending on the type of GCC’s

used in individual contract.

2. Use as appropriate depending on the type of GCC’s used in individual contract.

3. Use when the standard SCC in WBTC No. 25/94 (entitled “Standard Form of
Domestic Sub-contract for specialist works”) is used in individual contract.

Go to Table of Content
4. Insert the number of the SCC in the individual contract which has used the
standard SCC for sub-contracting in Secretary for Works’ memo WB(W)
209/32/110 (entitled “Library of Special Conditions of Contract Clause 14 -
Sub-contracting” ) dated 23.3.2001.

5. Use when standard SCC on sub-contracting in Secretary for Works’ memo

WB(W)209/32/110 (entitled “Library of Special Conditions of Contract Clause
14 - Sub-contracting”) dated 23.3.2001 is used in individual contract.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 115

Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.7 UNDERTAKINGS BY CONTRACTOR ON THE USE OF

GOVERNMENT DIGITAL MAP DATA
(Ref.: WBTC No. 7/2000)

(Please complete in Block Letters)

To :
(Name of the Engineer/Engineer designate*)

In consideration of the Government of the Hong Kong Special Administrative

Go to Table of Content
Region ("Government") supplying additional copies of tender/contract* drawings in
electronic form to us, we, _________________________________ agree to abide by the
(Name of contractor in full)
following conditions in the use of Government digital map data ("the data") supplied by
the Land Information Centre which may be contained in the drawings provided by the
Engineer/Engineer designate* (for preparation of a tender)* for Contract No.
with concerning
(Name of Government Department in full)
.

>>>
(Title of the Contract)

(i) The data shall only be used in our computer systems or visual terminals

Go to Table of Content
assigned (for tendering)* for the above Contract.
(ii) The data shall not be used for any purposes other than (tendering for)*
the above Contract.
(iii) The data shall not be distributed in part or in whole and in whatever
forms and media to a third party.
(iv) The data stored in our computer systems and storage media shall all be
destroyed immediately after the completion of the tender/work for the
above Contract and we undertake to advise in writing within seven days
of so destroying the data by completing the standard form "Confirmation
by contractor on cessation of the use of Government digital map data"

>>>
and submit it to the Engineer/Engineer designate*.

2. We understand that our employees must observe and abide by the above

Go to Table of Conten
conditions. If any of our employees are proved to have breached any of the above
conditions, we undertake to compensate the Government for any loss or damage that
the Government has suffered as a result of the said breach.

Signed for and on behalf of the contractor

Signature
Name
Designation
Tel. No.
Fax No.
Date
Company Address
Company Chop
*delete where inappropriate

Chapter 5 (Rev. 1) 116

Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.8 CHECK-LIST FOR TENDERS DEPOSITED IN THE

*GOVERNMENT SECRETARIAT TENDER BOX / *PUBLIC
WORKS TENDER BOX

1. Before the tender is sealed and delivered to the *Government Secretariat Tender Box
/ *Public Works Tender Box, please check the following:

(a) The tender has been properly signed and the signature witnessed.

Go to Table of Content
(b) All the documents issued with or requested in the tender such as
acknowledgements of receipt of corrigenda or addenda, are properly
completed and attached to the tender.

(c) For remeasurement contracts, copies of the Bills of Quantities and the
Schedule of Proportions are attached to the tender. The *Central Tender
Board / *Public Works Tender Board will make copies of the Bills of
Quantities and Schedule of Proportions on behalf of tenderers who have failed
to submit copies of such documents and a charge of *$71/*$112 or such
amount as advised by the *Secretary for Financial Services and the Treasury /

>>>
*Chairman of the Public Works Tender Board periodically will be levied for
each page so copied.

Go to Table of Content
(d) The envelope or cover holding the tender does not bear the name of the
tenderer but the tender reference or contract number and the closing date
should be shown on the cover.

2. Tenderers should also note the following:

(a) Unless otherwise indicated, plans and drawings issued with the tender
documents shall not be returned and deposited in the *Government Secretariat
Tender Box / *Public Works Tender Box, such drawings are to be returned to
the issuing office after submission of the tender.

>>>
(b) Samples, if called for, should be submitted separately to the issuing office
inviting the tenders with the tender reference or contract number indicated

Go to Table of Conten
clearly on the cover, and should not be deposited in the *Government
Secretariat Tender Box / *Public Works Tender Box.

(c) Tenders that are bulky should be wrapped properly with strong paper which is
unlikely to break when the tender is being deposited in the Tender Box.
Tenders with a size exceeding 0.1m² and a thickness of more than 30cm
should be separated into smaller parcels, each parcel to be properly labelled.

(d) For tender submission in electronic format, the tender opening team will make
copies of the required documents on behalf of tenderers who have failed to
submit the required duplicate in electronic format. The tenderer may be
asked to bear the cost of making the duplicate at a charge of $433 per
electronic file and a material charge of $13 per CD-ROM, or such amount as
advised by the *Secretary for Financial Services and the Treasury / *Chairman
of the Public Works Tender Board periodically will be levied for each
duplicate so made.

Chapter 5 (Rev. 1) 117

Project Administration Handbook for Civil Engineering Works 2012 Edition

3. Please allow adequate time for your tender to be delivered to the *Government
Secretariat Tender Box / *Public Works Tender Box. The Tender Box is closed on the
tender closing day, which will be a Friday, as soon as the 12:00 noon time signal is broadcast
by a local radio channel and the staff of the *Central Tender Board / *Public Works Tender
Board are under strict instruction not to accept tenders that are delivered after the closing
time. However, if a rainstorm black warning or typhoon signal No. 8 or above is hoisted
between 9 a.m. and 12 noon on the tender closing day, the tender closing time will be
extended to 12 noon on the first working day of the following week. An announcement of
the extension of the tender closing time will be made through the radio (by the Financial

Go to Table of Content
Services and the Treasury Bureau) immediately after 9 a.m. or immediately after the
signal/warning has been hoisted. In order to ensure that your tender is deposited in the
Tender Box well before the closing time, you should as far as possible arrange for the tender
to be deposited before the closing date.

Tenderers may rest assured that no person is allowed access to the tenders that have
been deposited in the *Government Secretariat Tender Box / *Public Works Tender Box until
after the closing time when they will be removed by authorized personnel.

>>>
Notes:

* Delete as appropriate.

Go to Table of Content
1. For tenders opened by CTB. See memo from Secretary for Financial Services and
the Treasury (Treasury Branch) ref. (135) in FT 8/86 Pt. 3 dated 15.11.2010.

2. For tenders opened by PWTB. See memo from Chairman, Public Works Tender
Board ref. (4) in PW1 TB/GEN/12 dated 22.3.2012.

See SDEV’s memo ref. ( ) in DEVB(W) 511/70/02 dated 4.7.2012.

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 118

Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.9 CONTROL OF ALKALI SILICA REACTION IN CONCRETE

1. Alkali Silica Reaction (ASR) is a type of Alkali Aggregate Reaction (AAR)

which is caused by the reaction in concrete between the alkaline cement paste with the
reactive forms of silica in the aggregate. It can cause concrete to expand and crack.
ASR can occur if the aggregate in the concrete is alkali reactive and if other
unfavourable factors are present. As the local aggregate is mainly of granitic type,
only ASR has been observed in Hong Kong. Other form of AAR has not been
recorded.

Go to Table of Content
2. For ASR to occur there must be alkali reactive minerals present in the
aggregate, together with sufficient alkalis and moisture in the concrete to support the
reaction process. A range of minerals, including opal, tridymite, cristobalite, highly
strained quartz, microcrystalline quartz, volcanic glasses, and synthetic siliceous glass,
have been reported alkali reactive. The occurrence of ASR depends on both the type
and percentage by mass of alkali reactive minerals present, as well as other factors
mentioned earlier. The alkalis in the concrete come mainly from the cement.
Therefore, effective means of reducing the risk of ASR include the reduction of the
amount of alkalis present in the concrete to 3 kg/m3. This could be achieved by the

>>>
reduction of the amount of cement used in the concrete mix, the use of low alkali
cement, or the use of supplementary cementitious materials such as PFA and GGBS.
One of the conditions for ASR to occur is that sufficient moisture has to be available in

Go to Table of Content
the concrete. For structural elements for which ingress of moisture of the concrete is
not possible throughout the design life, the 3 kg/m3 limit on alkali reactive content need
not apply. The drawings should indicate the concrete elements for which the
specification for the control of ASR do not apply.

3. Aggregate is classified into three categories in terms of the potential

alkali-reactivity: non-reactive, potentially reactive and reactive. Aggregate used in
Hong Kong is mostly of the “non-reactive” category. Occasionally, aggregate of the
“potentially reactive” category is found, e.g. due to contamination by alkali reactive
dyke rocks. Alkali reactive aggregate should not be used in permanent structural

>>>
concrete unless it can be assured that ASR will not occur or ASR cracking is not a
concern. The ultra-accelerated mortar bar test (AMBT) is a commonly adopted
method to classify the potential alkali-reactivity of aggregate, and the detailed test

Go to Table of Conten
procedure is specified in CS1:2010. Concrete prism test and petrographic analysis are
also sometimes used in classifying the potential alkali-reactivity of aggregate.

4. The Standing Committee on Concrete Technology (SCCT) and its

Sub-committees conducted studies on ASR and established an ASR control framework
for use in Hong Kong. The recommended control framework is given in Appendix H
“Alkali Aggregate Reaction Control Framework for Hong Kong” of GEO Report No
167, which is accessible from the CEDD website:
http://www.cedd.gov.hk/eng/publications/geo_reports/index.htm

5. The concrete mix design framework, as detailed in Section H.2 of Appendix H

of GEO Report No. 167, categorizes concrete structures into three classes. The
majority of concrete structures in Hong Kong are “Class 2” structures. For “Class 1”
and “Class 2” structures, aggregate in the “non-reactive” or “potentially reactive”
categories may be used in concrete for works and the reactive alkali content of the

Chapter 5 (Rev. 1) 119

Project Administration Handbook for Civil Engineering Works 2012 Edition

concrete shall be limited to 3 kg/m3. Aggregate in the “reactive” category is not

permitted to be used in concrete for works unless with prior approval of the Engineer.

6. For Class 3 structures (long service life or highly critical structures), where no
ASR damage is acceptable, e.g. nuclear installations, dams, tunnels, exceptionally
important bridges or viaducts and structures retaining hazardous materials, only
aggregate in the “non-reactive” category is to be used and the reactive alkali content of
the concrete is to be limited to 3 kg/m3. The designer should indicate which parts of
the works are categorised as Class 3 structures and specify these requirements in the

Go to Table of Content
relevant Drawings and/or include suitable Particular Specification clauses in the
contract as necessary.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 120

Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.10 CONFIRMATION BY CONTRACTOR ON CESSATION OF THE

USE OF GOVERNMENT DIGITAL MAP DATA
(Ref.: WBTC No. 7/2000)

(Please complete in Block Letters)

To :
(Name of the Engineer/Engineer designate*)

Go to Table of Content
This is to advise that we, __________________________________, have ceased
(Name of contractor in full)
using the Government digital map data ("the data") from the electronic drawings
provided by the Engineer/Engineer designate* with effect from __________________
(Date)
(for preparation of a tender)* for the Contract No.
with______________________________concerning_______________________________
_
(Name of Government Department in full) (Title of Project/Study)

>>>
__________________________________________________________________________

We confirm that we are no longer in possession of the data or any part thereof

Go to Table of Content
in any media or in any form and that the data has been permanently erased and/or duly
destroyed from our computer systems.

Signed for and on behalf of the contractor

>>>
Signature
Name
Designation

Go to Table of Conten
Tel. No.
Fax No.
Date
Company Address

Company Chop
* delete where inappropriate

Chapter 5 (Rev. 1) 121

Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.11 PARTICULAR SPECIFICATION FOR INDEPENDENT

CHECKING OF THE DESIGN, ERECTION, USE AND
REMOVAL OF TEMPORARY WORKS
(Ref.: WBTC No. 3/97)

Particular Specification

(1) Pursuant to SCC Clause , the design of the following Temporary

Go to Table of Content
Works shall be certified by the independent checking engineer -

(a) ...................................................

(b) ...................................................

(c) ...................................................

>>>
(2) In addition, method statements certified by the independent checking
engineer shall be provided for the erection, use and removal of the
following Temporary Works -

Go to Table of Content
(a) ..................................................

(b) ..................................................

(c) ..................................................

(3) Any Temporary Works erected in close proximity to traffic shall be

>>>
protected against impact from vehicles by suitably designed protective
measures. The Contractor shall design such protective measures with
regard to the conditions prevailing on the Site and the effect of any such

Go to Table of Conten
impact. Such protective measures are to be designed as part of the
Temporary Works and included in any requirement for independent
checking.

Chapter 5 (Rev. 1) 122

Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.12 PRACTICE NOTE FOR THE USE OF LUMP SUM BILLS OF
QUANTITIES CONTRACTS FOR CIVIL ENGINEERING
WORKS
(Ref.: WBTC No. 17/95)

1. For pure lump sum contracts the Contractor undertakes to carry out a defined
amount of work in return for an agreed price. Once the work is done, the
price is paid.

Go to Table of Content
2. In our contracts the price is usually paid in stages, which may be subject to a
price fluctuation clause. When it is not, it is described as a "fixed price"
contract. The price is also adjusted for the effect of any variation ordered to
the design of the Works and for adjustments for the Contingency Sum, any
Provisional Sum, Prime Cost Sum etc. as stated in the Contract and for any
error discovered in the quantities (if included).

3. It is clear that when we use the term "lump sum" we do not mean it strictly in the
way it is used in para. 1. When we let a contract based on Bills of Quantities we

>>>
further complicate the issue, because it is almost certain that when we go to tender
not every detail of the design will be finalised and these unfinalised details cannot
be measured accurately (referred to as "firm" quantities/items). The term

Go to Table of Content
"lump sum" is therefore a convenient way to differentiate this approach from
total remeasurement (and other contracts).

4. Lump sum contracts with Bills of Quantities are priced on the basis of the
drawings and specification, reduced by means of a standard method of
measurement to a list of items which describe and measure the work included on
the drawings and in the specification. Any item or section of work which cannot
be accurately measured is covered by a provisional quantity or sum and measured
as executed on completion of the item or section of work i.e. the value of the
provisional item(s) or section(s) of work in the Bills is/are deducted from the

>>>
Contract Sum and the value of the work executed is added.

5. The "details" referred in para 3 can be substantial. For example, in the building

Go to Table of Conten
industry the whole of the substructure and much of the external works may be
described as provisional and are remeasured as done. This does not prevent the
contract from being described and treated as lump sum of a substantial part of the
Works can be measured accurately for inclusion in the Bills.

6. The provisional quantities are included in the Bills wherever it is appropriate and
sensible to do so. Individual items to be remeasured can be mixed in with the
"firm" items, or a whole section can be shown separately and described as
provisional. It is very important to clearly differentiate items of work that are
not measured firm, by marking each item (or group of items) "provisional" and
explaining the process of adjustment elsewhere in the Contract. (e.g. in the
Preliminaries/Preambles).

7. General Conditions of Contract (GCC) Clause 5 - Documents mutually

explanatory, takes on more importance in lump sum contracts. The agreement is
that the work to be done is accurately reflected in the Bills. Any failure to do so

Chapter 5 (Rev. 1) 123

Project Administration Handbook for Civil Engineering Works 2012 Edition

places an obligation on the Engineer to put it right. (See the reference in

sub-clause (4) proviso (a) to GCC Clause 59, which is replaced by the standard
SCC 21 promulgated under SDEV’s memo ref. DEVB(W) 546/17/02 dated
9.2.2011 and para 10(a) following.) Any other discrepancy between the various
contract documents must be sorted out as though it were a variation. It is for the
Contractor to prove that a discrepancy or an error in measurement exists.

8. Lump sum contracts often result in a heavier use of GCC Clause 60 - Variations.
The provisional quantities are dealt with in the same way as estimated quantities

Go to Table of Content
in remeasurement contracts. The proviso to GCC Clause 61(1) i.e. the valuing of
the "knock-on" effect of varied work on the unvaried, also takes on more
importance in lump sum contracts. It is therefore very important to make sure
that the design of the parts of the works measured as firm will not be subject to
variations or lack detail that can produce an extension of time and
disruption/prolongation claims.

9. The measure and value of each variation ordered is collected together into a "bill
of variations" the net total of which is added to or omitted from the Contract Sum
(together with the effect of any remeasured items or sections, the Contingency

>>>
Sum adjustment etc.). The measure and value must be completed by the
Engineer (but not necessarily agreed with the Contractor) within the contractually
stated period. [See the standard SCC 21 promulgated under SDEV’s memo ref.

Go to Table of Content
DEVB(W) 546/17/02 dated 9.2.2011 covering GCC Clause 59(7)].

10. Most of the changes to the General Conditions of Contract introduced by the
Special Conditions of Contract, bring the Civil Engineering version into line with
the Building version, generally using the same wording. There are exceptions viz
-

(a) Clause 50(1)(b)(v) - Whilst the wording is changed, the purpose remains
the same i.e. an extension of time is only considered if the increase in
quantity is produced by other than an error in or omission of firm

>>>
quantities (e.g. provisional quantities are under-estimated) because the
work shown on the Drawings and/or in the Specification does not change,
and therefore there is no reason why the time for completion should

Go to Table of Conten
change. With provisional quantities the work can increase and therefore
such increases should be considered for an extension of time. If the work
shown on the Drawings and/or in Specification changes, this is a variation.
(See Annex 1 examples).

(b) Clause 59(3) - the words "work required by the (Engineer) to be carried
out" do not appear in the SCC. This reflects differing procedures
between the civil engineering and building approaches. (For the latter,
Clause 5 would be operated by the Contractor.) This difference does not
change the outcome, items of work shown on the Drawings or described in
the Specification which are required to be measured under the rules of the
SMM must be so measured.

(c) Clause 59(4)(a) - includes an additional final sentence, again in order to

assist the Engineer.

Chapter 5 (Rev. 1) 124

Project Administration Handbook for Civil Engineering Works 2012 Edition

(d) Clause 59(6)(b) and (c) and (7) - describe the procedures applicable to
civil engineering, but require the Engineer to complete (but not
necessarily agree with the contractor) the final measure and valuation in
respect of work required to be measured under Clause 59(3), within a
30-day period commencing on the date of issue of the maintenance
certificate.

11. GCC Clause 79(1) - Interim payments, are treated differently for lump sum
contracts. No accurate measure of the work done at the applicable date is

Go to Table of Content
carried out. For interim payments the Engineer estimates the amount of work
done (if possible in agreement with the Contractor) and values it. The Engineer
also estimates the financial effect of all work done that has been varied under
GCC Clause 60, though the Engineer should measure variations as soon as
practicable in order to make a full and proper adjustment at the appropriate time
i.e. when the varied work is executed/omitted. An estimate is not an inspired
guess, it is a professional assessment.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 125

Project Administration Handbook for Civil Engineering Works 2012 Edition

Annex 1 to Appendix 5.12

Examples of assessments under GCC Clause 50(1)(b)(v)

Scenario One : The drawings show an assumed rockhead level based on which the
provisional quantity of rock excavation is determined in the Bills of
Quantity.

Go to Table of Content
Situation 1 Quantity based on assumed information in the drawing 1000 units
Provisional quantity listed in the Bills of Quantity 200 units
Actual quantity remeasured on site 1000 units

Intension Total change in quantity is 800 (1000 - 200) units. No Extension of

Time shall be provided due to this change.

Situation 2 Quantity based on assumed information in the drawing 1000 units

>>>
Provisional quantity listed in the Bills of Quantity 1000 units
Actual quantity remeasured on site 2000 units

Go to Table of Content
Intension Total change in quantity is 1000 (2000 - 1000) units. Extension of
Time for this change shall be provided.

Situation 3 Quantity based on assumed information in the drawing 1000 units

Provisional quantity listed in the Bills of Quantity 200 units
Actual quantity remeasured on site 2000 units

Intension Total change in quantity is 1800 (2000 -200) units. No extension of

Time for the change from 200 to 1000. Extension of Time shall be

>>>
provided for the change from 1000 to 2000.

Go to Table of Conten
Scenario Two Specifications requires the formation for pavement and structures
shall be compacted at completion. An item in the Bills of Quantity
shall be provided according to the Standard Method of
Measurement.

Situation 1 Quantity implied from the Contract 1000 units

Quantity omitted in the Bills of Quantity
Actual quantity remeasured on site 1000 units

Intension No Extension of Time shall be provided.

Situation 2 Quantity implied from the Contract 1000 units

Quantity described as firm quantity in the B of Q 200 units
Errors discovered in the firm quantity 800 units

Chapter 5 (Rev. 1) 126

Project Administration Handbook for Civil Engineering Works 2012 Edition

Intension No Extension of Time shall be provided.

Situation 3 Quantity implied from the Specifications 1000 units

Quantity described as provisional quantity in the B of Q 200 units
Actual quantity remeasured on site 1000 units

Intension No Extension of Time shall be provided.

Go to Table of Content
Scenario Three Specification requires width of road reinstatement shall be the trench
width plus minimum 300 mm or the full lane width as directed by the
Engineer.

Situation 1 Quantity implied from the Specification unclear but minimum

1000 units
Provisional quantity listed in the B of Q 200 units
Actual quantity remeasured on site 1000 units

Intension No Extension of Time.

>>>
Situation 2 Quantity implied from the Specification unclear but minimum
1000 units

Go to Table of Content
Provisional quantity listed in the B of Q 1000 units
Actual quantity remeasured on site 2000 units

Intension Extension of Time shall be provided for the change in quantity of

1000 units (2000 - 1000)

Situation 3 Quantity implied from the Specification Unclear but minimum

1000 units
Provisional quantity listed in the B of Q 200 units
Actual quantity remeasured on site 2000 units

>>>
Intension No Extension of Time for the change in quantity from 200 units to
1000 units. Extension of Time shall be provided for the change from

Go to Table of Conten
1000 units to 2000 units.

Chapter 5 (Rev. 1) 127

Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.13 AMENDMENTS TO THE STANDARD METHOD OF

MEASUREMENT FOR CIVIL ENGINEERING WORKS (1992
EDITION)
(Ref.: WBTC No. 17/95A)

Para. 1(a) of Part I of the SMM shall be replaced by :

"Bills of Quantities" means a list of items giving brief identifying

Go to Table of Content
descriptions and the quantities measured in accordance with this document
in respect of the work to be performed.

Para. 1(c) of Part I of the SMM shall be deleted.

Para. 1 of Part II of the SMM shall be replaced by the following :

"The Bills of Quantities are intended in the first instance to give information
upon which tenders can be obtained. The quantities in the Bills of
Quantities are firm except where described as provisional. When a

>>>
contract has been entered into, measurement and valuation of the work
required to be measured under the Contract performed shall be carried out
by reference to the priced Bills of Quantities in the manner stated in the

Go to Table of Content
Contract."

Para. 3 of Part III (Rules of Preparing Bills of Quantities) of the SMM shall be replaced
by :

Quantities 3 (a) Unless required otherwise by the nature of the work or directed
otherwise by a measurement rule in the Method of Measurement,
the quantities shall accurately represent the work to be executed
and shall be regarded as firm. Where quantities cannot be
accurately measured, the respective item in the Bills of Quantities

>>>
shall be marked as "provisional".

(b) The quantities shall be computed net from the Drawings or

Go to Table of Conten
Specification, unless otherwise stated in the Contract, and no
allowance shall be made for bulking, shrinkage or waste.
Quantities may be rounded up or down where appropriate.
Fractional quantities are not generally necessary but, where
required, should not be given to more than one place of decimals.

Chapter 5 (Rev. 1) 128

Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.14 CONTRACT MEASURES TO PREVENT NON-PAYMENT OF

WAGES (FOR CONSULTANT-ADMINISTERED CAPITAL
WORKS CONTRACTS)

Notes to Tenderers

NTT# : Employing Site Personnel for the Contract and Payment of Site Personnel’s
Wages

Go to Table of Content
Tenderers’ attention is drawn to Special Conditions of Contract Clause [zz] requiring all Site
Personnel engaged in the Contract to be employed under written employment contracts with
either the Contractor or his sub-contractors (irrespective of the tiers) including specialist
sub-contractors and Nominated Sub-contractors. Self-employed persons shall be subject to
other requirements of the contract. Tenderers’ attention is also drawn to the new
requirement and arrangement on Payment of Site Personnel’s Wages set out in Particular
Specification Section [X]. In the event the Contractor or his sub-contractors including
specialist sub-contractors and Nominated Sub-contractors fail to pay wages to their Site
Personnel, the Employer may pay any wages in arrears to the Site Personnel and recover the
same from any monies due to the Contractor under the Contract.

>>>
NTT## : Reimbursement of mandatory provident fund (MPF) contribution

Go to Table of Content
The Tenderers’ attention is drawn to Special Conditions of Contract Clause [xx] on the
arrangements in the reimbursement of the Contractor’s and sub-contractor’s contribution to
MPF.

NTT### : Regulating Actions on Poor Records of Non-payment of Wages to Site

Workers by Contractors

Tenderers’ attention is drawn to the new regulating actions introduced in the Contractors’
Management Handbook (CMH) on poor records of non-payment of wages to site workers by
contractors. These are repeated here for ease of reference:-

>>>
“CMH Section 5.1.3 – Circumstances which may lead to the taking of regulation actions,
include, but are not limited to: -

Add (xviii) – poor records on non-payment of workers’ wages, including those of his Go to Table of Conten
sub-contractors. A “non-payment of workers’ wages” record is defined as a claim filed
in the office of the Labour Department and proof thereof is furnished to the satisfaction of
the Commissioner for Labour, in which the Contractor or any of his sub-contractors,
irrespective of tiers, is liable.

CMH Section 5.2.3(c) – Circumstances warranting mandatory suspension from tendering

in all categories (A time limit for review to be set in all cases but should not be longer
than six months):-

Add (vii) – poor records on non-payment of workers’ wages, including those of his
sub-contractors. A “non-payment of workers’ wages” record is defined as a claim filed
in the office of the Labour Department and proof thereof is furnished to the satisfaction of
the Commissioner for Labour, in which the Contractor, or any of his sub-contractors,
irrespective of tiers, is liable.

Chapter 5 (Rev. 1) 129

Project Administration Handbook for Civil Engineering Works 2012 Edition

Special Conditions of Contract

SCC[xx] : Reimbursement of Contractor’s Contribution to the Mandatory Provident

Fund for his Site Personnel
[Note: For contracts which tenders are invited on or after 1 September 2012, please refer to
SCC[xx]1]

(1) Subject to sub-clause (2) of this Clause, the Engineer/Architect ∗ shall ascertain and
certify for payment in accordance with General Conditions of Contract Clause 79, the

Go to Table of Content
amount of the Contractor’s mandatory contribution under the Mandatory Provident
Fund Schemes Ordinance (Cap. 485), including contribution by sub-contractors of all
tiers including specialist sub-contractors and Nominated Sub-contractors, to the
employer’s mandatory provident fund for the Site Personnel under this Contract, based
on the designated bank’s instruction records as specified in Particular Specification
Section X.

(2) The Employer shall not be liable to reimburse the Contractor, or sub-contractors of all
tiers including specialist sub-contractors and Nominated Sub-contractors, any amount
of the contribution to the employer’s mandatory provident fund for the Site Personnel

>>>
under the Contract other than the amount certified by the Engineer/Architect* pursuant
to sub-clause (1) of this Clause. For the avoidance of doubt, the Employer shall not
be liable to pay the Contractor any of the part of Contractor’s contribution, including

Go to Table of Content
contribution by sub-contractors of all tiers including specialist sub-contractors and
Nominated Sub-contractors, to the employer’s mandatory provident fund for any Site
Personnel under the Contract which exceeds the Provisional Sum for mandatory
provident fund contributions allowed for in the Contract.

(3) Notwithstanding General Conditions of Contract Clause 68, the Contractor and his
sub-contractors of all tiers including specialist sub-contractors and Nominated
Sub-contractors are not entitled to any profit and administration cost including
overheads cost, whether on or off the Site, for the reimbursement made under this
Clause.

>>>
Go to Table of Conten

∗
Delete as appropriate.

Chapter 5 (Rev. 1) 130

Project Administration Handbook for Civil Engineering Works 2012 Edition

SCC[xx]1 : Reimbursement of Contractor’s and Sub-contractors’ Contributions to

Mandatory Provident Fund for their Site Personnel
[Note: For contracts which tenders are invited on or after 1 September 2012]

(1) Except as provided for the Contractor’s and sub-contractors’ mandatory contribution
elsewhere in the Contract and subject to sub-clause (2) of this Clause, the
Engineer/Surveyor  shall ascertain and certify for payment in accordance with General
Conditions of Contract Clause 79, the amount of the Contractor’s mandatory

Go to Table of Content
contribution under the Mandatory Provident Fund Schemes Ordinance (“Cap. 485”)
and the sum equivalent to the amount of mandatory contribution under Cap. 485 by
sub-contractors, for the Site Personnel under the Contract, based on the instruction
records as specified in Particular Specification Section X.

(2) (a) The Employer shall not be liable to make reimbursement to the Contractor any
amount or sum equivalent to the amount relating to the employer’s mandatory
provident fund for the Site Personnel under the Contract other than the amount
and sum certified by the Engineer/Surveyor* pursuant to sub-clause (1) of this
Clause.

>>>
(b) The Employer shall not be liable to pay the Contractor any of the part of
Contractor’s mandatory contribution under Cap 485 and any of the sum

Go to Table of Content
equivalent to the amount of mandatory contribution under Cap. 485 by
sub-contractors for any Site Personnel under the Contract which exceeds the
Provisional Sum for reimbursement of employer’s mandatory contributions under
Cap 485 allowed for in the Contract.

(3) For the avoidance of doubt and subject to sub-clause (2) of this Clause, the Employer
shall only be liable to pay the Contractor the amount or the sum equivalent to the
amount of mandatory contribution under Cap 485 in respect of a relevant member of
the Site Personnel under the Contract for the relevant contribution period.

>>>
(4) Notwithstanding General Conditions of Contract Clause 68, the Contractor and his
sub-contractors are not entitled to any profit and administration cost including
overheads cost, whether on or off the Site, for the reimbursement made under this
Go to Table of Conten
Clause.

(5) For the purposes of this Clause, “sub-contractors” shall mean sub-contractors of all
tiers including Specialist Contractors and Nominated Sub-contractors.

* Delete as appropriate.

Chapter 5 (Rev. 1) 131

Project Administration Handbook for Civil Engineering Works 2012 Edition

SCC[yy] : Definition and Interpretation

General Conditions of Contract Clause 1(1) is amended by adding the definition of :

“Site Personnel” - “Site Personnel” means all workers and staff employed by the
Contractor or his sub-contractor of all tiers including specialist
sub-contractors and Nominated Sub-contractors, except self-employed
workers, engaged for the execution of the Works on the Site and
includes those drivers and lorry drivers who are not self-employed

Go to Table of Content
persons engaged for the works.

“Labour Relations Officer” - “Labour Relations Officer” means any person, or persons
appointed from time to time by the Engineer/Architect* and
notified in writing to the Contractor to perform the duties
specified in the Contract.”

SCC[zz] : Payment of Wages of Site Personnel

(1) Subject to those Casual Workers referred to in Clause Z.1 (1) of Particular

>>>
Specification "Section Z" on "Causal Workers", all Site Personnel shall be engaged in
accordance with Clauses X.2 to X.5 of Particular Specification “Section X” on
“Payment of Wages of Site Personnel”. Such Site Personnel shall be engaged with a

Go to Table of Content
written employment contract with their respective employers who shall be either the
Contractor or any of his sub-contractors, as submitted in the Sub-contractors’
Management Plan required under SCC Clause [??] of these Special Conditions of
Contract. The terms of the employment contract shall be not less favourable to the
terms provided in the Specimen Employment Contract which may as necessary be
revised by the Engineer/Architect* from time to time at Appendix [#] to these Special
Conditions of Contract as far as the Site Personnel are concerned. Payment of wages
shall be made at least once per month. Employment contracts which stipulate a
payment cycle in less frequent than once per month will not be permitted under this
Contract.

>>>
(2) The Contractor shall ensure that all workers who are self-employed persons engaged
to work on the Site shall each be covered by a personal accident insurance plan with a

Go to Table of Conten
minimum coverage of HK$1,000,000 by extending either the Contractor’s employee
compensation insurance policy or his third party liability and all risks insurance
policy. Alternatively the Contractor shall arrange a separate personal accident
insurance plan for all self-employed workers for a minimum cover of HK$1,000,000
in the form specified in Appendix [##] to these Special Conditions of Contract and
shall maintain such policy for the duration of the self-employed workers being
engaged in the Contract. The Contractor shall produce evidence of such insurance
before the self-employed workers are issued a smart-card as described in Particular
Specification “Section X” on “Payment of Wages of Site Personnel”. The Contractor
shall inform the Engineer/Architect* immediately when the insurance policy of a
self-employed worker has expired together with evidence showing its renewal as
appropriate.

(3) Lorry drivers engaged for the Works (excluding those lorry drivers engaged by
suppliers to deliver material to the Site) may be either a Site Personnel or a
self-employed person.

Chapter 5 (Rev. 1) 132

Project Administration Handbook for Civil Engineering Works 2012 Edition

(4) The Contractor shall provide and maintain an attendance recording system comprising
smart-card cum biometric authentication to record and verify the information of all
Site Personnel entering and leaving the Site in accordance with Particular
Specification “Section X” on “Payment of Wages of Site Personnel”.

(5) Within 14 days of the commencement of the Contract, the Contractor shall make
necessary arrangements with a bank to implement the arrangement on payment of
wages to Site Personnel in accordance with Particular Specification “Section X” on

Go to Table of Content
“Payment of Wages of Site Personnel”. The Contractor shall submit a written
declaration that all Site Personnel’s wages payable have been paid when the
Contractor submits the instruction records as specified in Particular Spectification
Section X to the Engineer/Architect*. Site Personnel who are not able to open a
personal bank account in Hong Kong shall be paid by personal cash cheques in
accordance with Particular Specification “Section X”.

(6) Pursuant to General Conditions of Contract Clause 4(3), failure to comply with
Section X of the Particular Specification by any of the sub-contractors may render the
removal of the sub-contractor from the Site and/or the Works.

>>>
(7) (a) Without prejudice to any of the provision under General Conditions of Contract
Clause 40 and in the event of default being made in the payment of any wages of

Go to Table of Content
any Site Personnel employed by the Contractor or any of the sub-contractors in
and for carrying out this Contract and if a claim therefore is filed in the office of
the Labour Department and proof thereof (including, where the claim is disputed
by the Contractor or by any of the responsible sub-contractors, as the case may
be, or it is found necessary by the Commissioner for Labour, proof of final
determination of the claim by an award or order of the Labour Tribunal or as the
case may be the Minor Employment Claims Adjudication Board or a judgment of
the District Court or, where the matter is subsequently further disputed by way of
appeal, by a judgment of the Court of First Instance or the Court of Appeal) is
furnished to the satisfaction of the Commissioner for Labour; provided that the

>>>
subject incident of default in payment of wages is reported to the Labour
Relations Officer within 7 working days (Sundays and public holidays excluded)
of the final due date for payment as prescribed under section 23 of the

Go to Table of Conten
Employment Ordinance (Cap 57), the Employer may, after the Contractor or the
sub-contractor, as the case may be, who is in default of paying any wages to the
Site Personnel, make payment of such wages or claim for wages on behalf of the
Contractor or the subcontractor to the Site Personnel and any sums so paid shall
be recoverable by the Employer as a debt from the Contractor.

(b) For the avoidance of doubt, Site Personnel employed by the Contractor are not
subject to the reporting requirement to the Labour Relations Officer under
sub-clause 7(a) of this Clause.

(c) For the further avoidance of doubt, where any self-employed worker is found by
the Labour Tribunal or as the case may be the Minor Employment Claims
Adjudication Board or a judgment of the District Court or, where the matter is
subsequently further disputed by way of appeal, by a judgment of the Court of
First Instance or the Court of Appeal to be an employee instead of a
self-employed worker, sub-clause 7(a) of this clause shall apply to that

Chapter 5 (Rev. 1) 133

Project Administration Handbook for Civil Engineering Works 2012 Edition

self-employed worker provided that the subject incident of default in payment of

wages is similarly reported to the Labour Relations Officer within 7 working days
(Sundays and public holidays excluded) of the final date for payment under
section 23 of the Employment Ordinance (Cap 57).

(8) For the purpose of this Clause, "sub-contractors" means sub-contractors, irrespective
of tiers, including specialist sub-contractors and Nominated Sub-contractors.

Go to Table of Content
* Delete as appropriate.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 134

Project Administration Handbook for Civil Engineering Works 2012 Edition

SCC[X] : Contractor’s Management Team

(1) Without prejudice to the generality of General Conditions of Contract Clause 17, the
Contractor shall provide a team of suitably qualified and experienced staff to manage
and supervise the Contract throughout the execution of the Works. All members of
staff on the management/site supervision team (refer to as “the Team” in this Clause)
must be under the direct employment of the Contractor. The Team shall comprise
sufficient number of suitably qualified and experienced staff in the following
disciplines  :-

Go to Table of Content
(State minimum qualification requirements in the Particular Specification for each
discipline if considered necessary.)

(a) Project Manager;

(b) Site agent in accordance with General Conditions of Contract Clause 17;
(c) Site Engineers;
(d) Topographic Surveyors;
(e) Quantity Surveyors;
(f) Site Superintendent; and

>>>
(g) Site Foremen.

(2) Members of staff on the Team are prohibited to be given a sub-contract to any part of

Go to Table of Content
the Works or to have a vested interest in any of the sub-contractors irrespective of tiers
including Specialist Sub-contractors and Nominated Sub-contractors under this
Contract.

(3) Within 14 days of the commencement of the Contract, the Contractor shall submit to
the Engineer/Architect a list of staff with all necessary details which comprised the
Team referred to in sub-clause (1) of this Clause.

(4) The Contractor shall either provide documentary proof on the employment status of
the staff on the Team, such as employment contracts, tax returns, payment of salaries

>>>
and the like upon request by the Engineer/Architect or provide a formal declaration
to the effect that such a staff is indeed under the direct employment of the Contractor.
The declaration shall be signed by a person authorized to sign tenders on behalf of the

Go to Table of Conten
Contractor.

(5) With the exception of the Project Manager, all members of staff in the Team shall be
full time# on Site during site working hours.

(6) The Contractor shall inform the Engineer/Architect forthwith of any changes made
to any of the staff on the Team.


Add/delete disciplines as appropriate.

Delete as appropriate.

Delete as appropriate.
#
Consider whether some of the staff may only be needed part time, such as surveyors.

Delete as appropriate.

Chapter 5 (Rev. 1) 135

Project Administration Handbook for Civil Engineering Works 2012 Edition

SCC[Y] : Sub-contract conditions

[Note: For contracts which tenders are invited on or after 1 September 2012, please refer to
SCC[Y]1]

(1) Without prejudice to the generality of General Conditions of Contract Clause 4, the
Contractor shall ensure that the following provisions of this Contract shall be similarly
and appropriately included into each and every sub-contract of all tiers including
Specialist Sub-contracts and Nominated Sub-contracts for the carrying out of the
Works under this Contract and the Contractor shall be responsible for the observance

Go to Table of Content
of these provisions by all sub-contractors (irrespective of any tier), including specialist
sub-contractors and Nominated Sub-contractors employed in the carrying out of the
Works :-

(1) General Conditions of Contract Clause 40

(2) ) - List out all relevant SCCs, PS, etc.
(3) )
.
.
.

>>>
(2) Upon request by the Engineer/Architect#, the Contractor shall provide copies of the
relevant sub-contracts with the sub-contract provisions referred to in sub-clause (1) of

Go to Table of Content
this Clause to the Engineer/Architect# for his record and to provide the original
documents of the relevant sub-contracts for inspection by the Engineer/Architect#.

(3) The Contractor shall comply with and shall ensure that all sub-contractors
(irrespective of any tier) shall comply with the provisions of this Clause; and shall, if
necessary, within reasonable time enter into a supplemental agreement with his
sub-contractor to ensure that the sub-contract complies with the requirements in
sub-clause (1) of this Clause and to ensure that his sub-contractor will do the same in
the lower tier sub-contracts.

>>>
(4) If the Contractor or any of the sub-contractors (irrespective of any tier) fails to comply
with the provisions of this Clause, the Engineer/Architect# shall, without prejudice to
any other rights and remedies, have full power to order the removal of the

Go to Table of Conten
sub-contractor from the Site and/or the Works.

#
Delete as appropriate.

Chapter 5 (Rev. 1) 136

Project Administration Handbook for Civil Engineering Works 2012 Edition

SCC[Y]1 : Sub-contract conditions

[Note: For contracts which tenders are invited on or after 1 September 2012]

(1) Without prejudice to the generality of General Conditions of Contract Clause 4, if any
part of the Works is sub-contracted by the Contractor, the Contractor shall ensure that
a clause on reimbursement of the sum equivalent to the amount of sub-contractor’s
contribution to mandatory contribution under the Mandatory Provident Fund Schemes
Ordinance Cap 485 for the Site Personnel under the Contract and on payment of wages
of Site Personnel in the form appearing in the Annex hereto is included in all

Go to Table of Content
sub-contracts entered into with the Contractor. For sub-contractors at any lower tier
of sub-contracting, the Contractor shall take all reasonable steps to ensure that such
clause in the form appearing in the Annex hereto is included in all sub-contracts at
lower tiers of sub-contracting.

(2) The Contractor shall ensure that all sub-contractors engaged by the Contractor who are
involved in the Contract shall include, observe and comply with the provisions which
are in the terms of Clause [A] in the Annex in the relevant sub-contracts. For
sub-contractors at any lower tier of sub-contracting, the Contractor shall take all
reasonable steps to ensure that sub-contractors who are involved in the relevant

>>>
sub-contracts of the Contract shall include, observe and comply with the provisions
in the relevant sub-contracts which are mutatis mutandis in the terms of Clause [A].

Go to Table of Content
(3) The Contractor shall submit copies of the relevant sub-contracts of the Contract to the
Engineer / Surveyor* for the purpose of checking if the sub-contract provisions
referred to in sub-clauses (1) and (2) of this Clause are included in the relevant
sub-contracts as required under sub-clauses (1) and (2) of the Clause. Upon request
by the Engineer / Surveyor, the Contractor shall provide the original documents of the
relevant sub-contracts for inspection by the Engineer / Surveyor*.

(4) The Contractor shall comply with and shall ensure that all sub-contractors engaged by
the Contractor shall comply with the provisions of this Clause; and shall, if necessary,
within reasonable time enter into a supplemental agreement with his sub-contractor to

>>>
ensure that the sub-contract complies with the requirements in sub-clauses (1) and (2)
of this Clause and shall take all reasonable steps to ensure that sub-contractors at any
lower tier of sub-contracting shall include, observe and enter into a supplemental
Go to Table of Conten
agreement if necessary and as required under this sub-clause.

(5) If the Contractor or any of the sub-contractors (irrespective of any tier) fails to comply
with the provisions of this Clause, the Engineer / Surveyor* shall, without prejudice to
any other rights and remedies, have full power to order the removal of the
sub-contractor from the Site and/or the Works.

Chapter 5 (Rev. 1) 137

Project Administration Handbook for Civil Engineering Works 2012 Edition

ANNEX

Draft Clause on reimbursement of the sum equivalent to

the amount of sub-contractor’s contribution to mandatory contribution
under the Mandatory Provident Fund Schemes Ordinance Cap 485 for the
Site Personnel and on payment of wages of Site Personnel

[Example : The Government enters into the Contract with the main Contractor.
The main Contractor then subcontracts to the sub-contractor at the first

Go to Table of Content
tier, who in turn further sub-contracts to the sub-contractor at the second
tier;
: in the first sub-contract between the main Contractor and the
sub-contractor at the first tier, in Clause A below, “the Contractor”
means the main Contractor, and “the Sub-contractor” means the
sub-contractor at the first tier;
: in the second sub-contract between the sub-contractor at the first tier and
the sub-contractor at the second tier, in Clause A below, “the Contractor”
means the sub-contractor at the first tier, and “the Sub-contractor”
means the sub-contractor at the second tier]

>>>
Clause [A]
(1) In this Sub-contract the following words and expressions shall have the meanings

Go to Table of Content
hereby assigned to them except when the context otherwise requires :-

(i) “Contract” means the main contract (set out (Reference / Contract No.) made
between the Employer and the main Contractor;

(ii) “main Contractor” refers to the contractor who has entered into the Contract with
the Employer;

(iii) “Employer” means the Government of the Hong Kong Special Administrative
Region;

>>>
(iv) “Engineer / Surveyor*” means the Engineer / Surveyor* of the Contract and as
defined in the Contract;

(v) (Not Used) Go to Table of Conten

(vi) “Site” means the Site as defined in the Contract;

(vii) “Site Personnel” means the Site Personnel engaged by the Sub-contractor or his
sub-contractors at lower tier(s) for the execution of the Works and has the same
meaning as defined under Special Conditions of Contract Clause [yy] of the
Contract;

(viii) “Sub-contract” means this agreement;

(ix) “Sub-contract sum” means the sum identified as such in the Sub-contract
[Schedule of Prices]; and

(x) “Works” means the Works as defined in the Contract.

Chapter 5 (Rev. 1) 138

Project Administration Handbook for Civil Engineering Works 2012 Edition

(2) (i) Without prejudice to the generality of General Conditions of Contract Clause 4 of
the Contract, if any part of the Works is further sub-contracted to any person by
the Sub-contractor, the Sub-contractor shall ensure that the relevant provisions
under this Clause on reimbursement of the sum equivalent to the amount of
sub-contractor’s mandatory contribution under the Mandatory Provident Fund
Schemes Ordinance Cap 485 for the Site Personnel and on payment of wages of
Site Personnel are included in all lower tier sub-contracts.

Go to Table of Content
(ii) The Sub-contractor shall ensure that all sub-contractors at lower tier(s) shall
include, observe and comply with the provisions which are mutatis mutandis in
the terms of this Clause [A] in the relevant sub-contracts in the lower tier
sub-contract.

(iii) The Sub-contractor shall submit copies of the relevant lower tier sub-contracts of
the Contract to the Engineer / Surveyor* for the purpose of checking if the
relevant sub-contract provisions referred to in sub-clauses (2)(i) and (2)(ii) of this
Clause are included in the relevant lower tier sub-contracts. Upon request by the
Engineer / Surveyor*, the Sub-contractor shall provide the original documents of

>>>
the relevant lower tier sub-contracts for inspection by the Engineer/Surveyor#.

(iv) The Sub-contractor shall comply with and shall ensure that sub-contractors at

Go to Table of Content
lower tier(s) shall comply with the provisions of this Clause; and shall, if
necessary, within reasonable time enter into a supplemental agreement with his
sub-contractor at lower tier to ensure that the lower tier sub-contract complies
with the requirements in sub-clause (2)(i) and (2)(ii) of this Clause and shall take
all reasonable steps to ensure that sub-contractors at further lower tier of
sub-contracting shall include, observe and enter into a supplemental agreement if
necessary and as required under this sub-clause 2(iv).

(3) (i) The Contractor shall certify and reimburse in accordance with the payment
procedure under the Sub-contract the Sub-contractor the sum equivalent to the

>>>
amount of mandatory contribution under the Mandatory Provident Fund Schemes
Ordinance, Cap. 485 (“Cap 485”) to the employer’s mandatory provident fund for
the Site Personnel, based on the instruction records as specified in Particular

Go to Table of Conten
Specification Section X on “Payment of Wages of Site Personnel” of the Contract
(“Particular Specification Section X of the Contract”), a copy of which is also
attached hereto.

(ii) (a) The Contractor shall not be liable to make reimbursement to the
Sub-contractor any sum equivalent to the amount relating to the employer’s
mandatory provident fund for the Site Personnel other than the sum
certified by the Contractor pursuant to sub-clause (3)(i) of this Clause.

(b) The Contractor shall not be liable to pay the Sub-contractor any of the sum
equivalent to the amount of mandatory contribution under Cap. 485 to the
employer’s mandatory provident fund for any Site Personnel which exceeds
the Provisional Sum for reimbursement of employer’s mandatory
contributions under Cap 485 allowed for in the Contract.

Chapter 5 (Rev. 1) 139

Project Administration Handbook for Civil Engineering Works 2012 Edition

(iii) For the avoidance of doubt, the Contractor shall only be liable to pay the
Sub-contractor the sum equivalent to the amount of mandatory contribution under
Cap 485 in respect of a relevant member of the Site Personnel for the relevant
contribution period.

(iv) The Sub-contractor and his sub-contractors at lower tier(s) are not entitled to any
profit and administration cost including overheads cost, whether on or off the
Site, for the reimbursement made under this Clause.

Go to Table of Content
(v) The Sub-contractor shall make available certified true copies of the instruction
records as specified in Particular Specification Section X of the Contract to the
Contractor referred to in this Clause A(3)(i) and if applicable the letter referred to
in this Clause A(3)(iii)(b) for the main Contractor’s submission to the Engineer
for payment under Special Conditions of Contract Clause [xx] of the Contract and
payment of the sum or part of the sum equivalent to the amount of mandatory
contribution under Cap 485 by the sub-contractors for the Site Personnel under
the Contract.

(4) (i) Subject to those Casual Workers referred to in Clause Z.1 (1) of Particular

>>>
Specification Section Z on "Causal Workers" of the Contract, all Site Personnel
shall be engaged in accordance with Clauses X.2 to X.5 of Particular
Specification Section X of the Contract. Such Site Personnel shall be engaged

Go to Table of Content
with a written employment contract with their respective employers who shall
either be the Sub-contractor or any of his sub-contractors at lower tier(s). The
terms of the employment contract shall be not less favourable to the terms
provided in the Specimen Employment Contract at Appendix [#] to the Special
Conditions of Contract of the Contract as far as the Site Personnel are concerned.
Payment of wages shall be made at least once per month. Employment
contracts which stipulate a payment cycle in less frequent than once per month
will not be permitted under the Contract nor under this Sub-contract.

(ii) The Sub-contractor shall ensure that all workers who are self-employed persons

>>>
engaged to work on the Site shall each be covered by a personal accident
insurance plan with a minimum coverage of HK$1,000,000 by either extending
the Sub-contractor’s employees compensation insurance policy or his third party

Go to Table of Conten
liability and all risks insurance policy. Alternatively the Sub-contractor shall
arrange a separate personal accident insurance plan for all self-employed workers
for a minimum cover of HK$1,000,000 in the form specified in Appendix [##] to
the Special Conditions of Contract of the Contract and shall maintain such policy
for the duration of the self-employed workers being engaged in the Contract.
The Sub-contractor shall produce evidence of such insurance before the
self-employed workers are issued a smart card as described in Particular
Specification Section X of the Contract. The Sub-contractor shall inform the
Contractor immediately when the insurance policy of a self-employed worker has
expired together with evidence showing its renewal as appropriate.

(iii) Lorry drivers engaged for the Works (excluding those lorry drivers engaged by
suppliers to deliver material to the Site) may either be a Site Personnel or a
self-employed person.

Chapter 5 (Rev. 1) 140

Project Administration Handbook for Civil Engineering Works 2012 Edition

(iv) There is on Site an attendance recording system comprising smart-card cum

biometric authentication to record the attendance of all Site Personnel and the
Sub-contractor shall verify the information of his Site Personnel entering and
leaving the Site in accordance with Particular Specification Section X of the
Contract.

(v) Within 14 days of the commencement of the Sub-contract, the Sub-contractor

shall make necessary arrangements with a bank to implement the arrangement on
payment of wages to Site Personnel in accordance with Particular Specification

Go to Table of Content
Section X of the Contract. The Sub-contractor, among others specified in
Particular Specification Section X of the Contract,

(a) shall prepare the respective schedules of wages of the Site Personnel
employed or engaged by them and the corresponding mandatory
contributions under Cap 485 based on the verified data from the smart-card
system [or log books] kept by the Contractor and/or the Sub-contractor*;

(b) shall have sufficient funds available in the respective designated bank
accounts for the payment of the wages and mandatory contributions under

>>>
Cap 485 to their respective Site Personnel and ensure that certified true
copies of the instruction records are made available to the Engineer /
Surveyor*; and

Go to Table of Content
(c) shall submit a written declaration that all Site Personnel’s wages payable
have been paid when he submits the instruction records to the Contractor,

in accordance with Particular Specification Section X of the Contract. Site

Personnel who are not able to open a personal bank account in Hong Kong shall
be paid by personal cheques in accordance with Particular Specification Section
X of the Contract.

(vi) The Sub-contractor shall acknowledge General Conditions of Contract Clause

>>>
4(3) of the Contract that failure to comply with the Particular Specification
Section X of the Contract by any of the sub-contractors may render the removal
of the Sub-contractor from the Site and/or the Works.

(vii) The Sub-contractor shall, at quarterly intervals from the date of commencement Go to Table of Conten
of this Sub-contract, submit to the Engineer / Surveyor* a letter from the
sub-contractor at lower tier to confirm that such sub-contractor has received
reimbursement of mandatory contributions and has paid his Site Personnel the
contributions in the preceding quarter.

* Delete as appropriate.

Chapter 5 (Rev. 1) 141

Project Administration Handbook for Civil Engineering Works 2012 Edition

Particular Specification

SECTION X

PAYMENT OF WAGES OF THE SITE PERSONNEL

GENERAL

Go to Table of Content
General X.1 (1) The Contractor shall ensure prompt payment of full wages
to all the Site Personnel employed by him and shall use all
reasonable endeavours to have his sub-contractors of all
tiers to effect prompt payment of wages to all the Site
Personnel employed by them for the execution of the
Works in accordance with the Employment Ordinance.

(2) The Contractor shall include provisions in the contracts

with his sub-contractors requiring the implementation of the
system of payment of wages to the Site Personnel under the

>>>
provisions of Section X of this Particular Specification.

(3) For the purposes of Section X of this Particular

Go to Table of Content
Specification, “bank” shall be an authorized institution
within the meaning of Section 2 of the Banking Ordinance
(Cap 155).

EMPLOYMENT OF THE SITE PERSONNEL

Written X.2 (1) Unless written employment contracts are already in place,
employment the Contractor and his sub-contractors of all tiers shall
[have] enter into written employment contracts with all the

>>>
agreements
Site Personnel under their respective employments. The
terms of the employment contract shall not be less
favourable to the terms provided in the specimen

Go to Table of Conten
employment contract (which may as necessary be revised
by the Engineer from time to time) given in Appendix [#] to
the Special Conditions of Contract. The Contractor shall
not allow any Site Personnel without a properly executed
written employment contract to work on the Site.

(2) A certified true copy of the written employment contract of

each Site Personnel shall be made available to the Engineer
or the Engineer’s Representative for inspection if so
requested by the Engineer or the Engineer’s Representative.

(3) Any Site Personnel without a proper written employment

contract with either the Contractor or his sub-contractor
shall not be permitted or caused to be permitted to enter to
or remain in the Site.

Chapter 5 (Rev. 1) 142

Project Administration Handbook for Civil Engineering Works 2012 Edition

(4) The Contractor shall advise and ensure his sub-contractors

of all tiers to advise all the Site Personnel under their
respective employments that a copy of their respective
written employment contracts would be made available to
the *Engineer or the Engineer’s Representative for
inspection if so requested by the *Engineer or the
*Engineer’s Representative and that the personal data
provided by means of the respective employment contracts
will be used for the purposes and may be transferred to the

Go to Table of Content
transferees as listed out in the “Notes about Personal Data”
to the specimen employment contract given in Appendix [#]
to the Special Conditions of Contract.

Personal X.3 (1) In accordance with SCC[zz], the Contractor shall ensure
Accident that self-employed workers working on the Site shall each
Insurance of be covered by a personal accident insurance at a minimum
self-employed coverage of HK$1,000,000. The Contractor shall not
workers allow any self-employed worker without a valid personal
accident insurance to work on the Site.

>>>
(2) The Contractor shall keep a certified true copy of the
personal accident insurance of each self-employed worker

Go to Table of Content
on Site and shall be made available to the Engineer or the
Engineer’s Representative for inspection if so requested by
the Engineer or the Engineer’s Representative.

(3) Any self-employed workers without a proper personal

accident insurance shall not be permitted or caused to be
permitted to enter to or remain in the Site.

X.4 (1) Lorry drivers shall be either a Site Personnel of the

>>>
Lorry
Drivers Contractor or his sub-contractors, or a self-employed person
with a personal accident insurance cover of not less than
HK$1,000,000 for the execution of the Works.

Payment of X.5 (1) Subject to sub-clause (3) of this Clause, the Contractor shall Go to Table of Conten
wages by within 14 days from the commencement of the Contract
designated bank submit to the Engineer the name of the designated bank and
accounts or all related arrangement details for payment of wages to all
personal cheques the Site Personnel.

(2) The Contractor shall require all the Site Personnel to open a
wage payment account in the designated bank or in any
other bank of their choice.

(3) Subject to evidence produced to the satisfaction of the

Engineer, Site Personnel not able to open a personal bank
account with any bank in Hong Kong shall have their wages
paid by personal cash cheques with the subject Site
Personnel specified as payee and the cheques shall be

Chapter 5 (Rev. 1) 143

Project Administration Handbook for Civil Engineering Works 2012 Edition

immediately due on presentation. Payment of mandatory

provident fund (“MPF”) contributions for the subject Site
Personnel shall be made by bank transfers in accordance
with Particular Specification X.7 and X.8. Copies of the
following documents shall be submitted to the Engineer for
records:
(i) signed acknowledgement receipt of wage payment
from the subject Site Personnel;

Go to Table of Content
(ii) the cheque; and
(iii) the certified true copy of the bank statement
showing the cash withdrawal.
The above copies of the documents shall be submitted as
soon as they are available and in any event items (i) and
(ii) shall be submitted no later than 7 days from the date
when payment is due for the subject Site Personnel.

>>>
SMART-CARD RECORDS

Smart-card X.6 (1) The Contractor shall provide and operate an attendance

Go to Table of Content
system recording system comprising smart-card cum biometric
authentication (hereinafter refer to as “the system”) to
record and verify the information of all the Site Personnel
entering and leaving the Site. The system shall be in
operation within 1 month from the commencement of the
Contract. Prior to the operation of the system or in the
case of breakdown of the system or subject to the approval
of the Engineer, the Contractor shall use log books to
record the time of entry and departure of all Site Personnel
and self-employed workers in and out of the Site.

>>>
Temporary cards for identification shall be used by all Site
Personnel prior to the availability of the system and during
the breakdown of the system. All temporary cards shall

Go to Table of Conten
contain the information set out in sub-clause (4) of this
Clause. Subject to Sub-clause (7) of this Clause, no
person is allowed to work on the Site without a smart-card.
All visitors shall be issued a visitor card for identification.

(2) The Contractor shall engage a specialist provider to design,

provide and train his personnel to operate the system. The
Contractor shall within 7 days of commencement of the
Contract, submit to the Engineer the details of the system
and the name and details of the specialist provider for the
Engineer’s approval.

Chapter 5 (Rev. 1) 144

Project Administration Handbook for Civil Engineering Works 2012 Edition

(3) The system shall adopt a non-contact type card (the

“smart-card”) complying with ISO 14443 with sufficient
memory to store data as required in this PS Clause. The
chip inside the smart-card shall comply with ISO 14443A.
The biometric authentication shall utilize field-proven hand
geometry technology that maps and verifies the size and
shape of a person’s hand in less than one second or other
biometric authentication technology with equivalent
performance. The smart-card shall be compatible with the

Go to Table of Content
registration cards issued by the Registrar of Construction
Workers appointed under the Construction Workers
Registration Ordinance (Cap. 583) to registered
construction workers. The system’s card readers shall be
compatible with the smart-card and shall be complete with
a security access module (SAM) for cryptographic security
slot. The SAM will be provided by the Construction
Workers Registration Authority.

(4) The smart-card shall have the following information of the

>>>
Site Personnel printed in durable print on its face:
(a) Name of worker in Chinese and English;

Go to Table of Content
(b) Name of employer in Chinese and English;
(c) Trade;
(d) Photograph of worker;
(e) Contract No. and Contract Title;
(f) Expiry date; and
(g) Other information agreed by the Engineer.

(5) The smart-card shall contain sufficient encrypted

>>>
information for identification of the card holder and access
to the master data bank of the system.

Go to Table of Conten
(6) The Contractor is responsible for the issue of the
smart-cards to each Site Personnel and self-employed
worker and for registering their details to the system.

(7) If a Site Personnel or a self-employed worker is issued a

registration card by the Registrar of the Construction
Workers pursuant to the Construction Workers Registration
Ordinance (Cap. 583) the card so issued is permitted to be
used in lieu of the smart-card required under this Section.

Chapter 5 (Rev. 1) 145

Project Administration Handbook for Civil Engineering Works 2012 Edition

(8) The Contractor shall install sufficient number of the

system’s card readers at convenient locations with shelters
within the Site to facilitate day-to-day recording. The
exact locations shall be submitted for agreement by the
Engineer. The readers shall be connected to a secured
computer so that the Site Personnel can record their signing
in and out of the Site. Separate smart-card readers with
clear labels indicating “IN” and “OUT’ shall be provided
for the purpose. Alternatively the system may assign the

Go to Table of Content
time of recording as “IN” and “OUT” automatically. The
secured computer shall be loaded with appropriate software
for recording the data retrieved from the system and the
time of signing in and out of each worker. The Contractor
shall provide X # number of portable pocket personal
computer, which can be synchronized with the master
system data bank and is capable of recording, verifying and
updating the information of the Site Personnel and
self-employed workers for the use of the Engineer. The
Contractor’s portable pocket personal computer shall be

>>>
approved by the Engineer and the equipment shall be
securely kept by a designated staff. The Contractor shall
provide a full time staff to man the operation of the

Go to Table of Content
system’s readers at each of the locations.

(9) The system’s card readers, once commissioned, shall be in

operation at all times and shall be replaced in the first
instance in the event of breakdowns, repairs or regular
maintenance. The Contractor may, subject to the approval
of the Engineer, dismantle and remove all system card
readers installed on Site two months following the issue of
the last certificate of completion under GCC Clause 53.
The system card readers once dismantled under this

>>>
sub-clause shall be removed off Site and shall become the
Contractor’s property.

PAYMENT OF WAGES Go to Table of Conten

Schedule of X.7 (1) The Contractor shall compile daily records of the Site
Wages and Personnel working on the Site based on the data collected
MPF by the smart-card system or log books kept by the
Contributions Contractor. The Contractor shall verify the data of all the
Site Personnel employed or engaged by him. The
Contractor shall prepare separate daily records for each
sub-contractor and distribute to these sub-contractors the
records of the Site Personnel employed or engaged by them
for verification. A copy of all the verified data and daily
records shall be submitted to the Engineer on a daily basis.

#
Normally one for the ER and one for the LRO, a total of two.

Chapter 5 (Rev. 1) 146

Project Administration Handbook for Civil Engineering Works 2012 Edition

(2) The Contractor shall prepare a schedule of wages of all the

Site Personnel employed or engaged by him and the
corresponding mandatory provident fund (“MPF”)
contributions based on the verified data from the smart-card
system or log books kept by the Contractor. A copy of
such schedule shall be submitted to the Engineer for each
payment cycle.

(3) The Contractor shall require his sub-contractors, of all tiers,

Go to Table of Content
to prepare the respective schedules of wages of the Site
Personnel employed or engaged by them and the
corresponding MPF contributions based on the verified data
from the smart-card system or log books kept by the
Contractor. A copy of these schedules shall be made
available to the Engineer for each payment cycle.
Payment of X.8 (1) In accordance with the scheduled payment date stated in the
Wages and employment contract, the Contractor shall ensure that
MPF sufficient funds have been reserved in the designated bank
Contributions account for the payment of all wages and MPF

>>>
contributions as given on the verified schedules for the
subject payment cycle and shall promptly instruct the
designated bank to effect the payment to the respective

Go to Table of Content
wage payment accounts and the respective MPF
contribution accounts of all his Site Personnel. The
Contractor shall forward a certified true copy of the
instruction records to the Engineer.

(2) The Contractor shall ensure that his sub-contractors, of all

tiers, have sufficient funds available in the respective
designated bank accounts for the payment of the wages and
MPF contributions to their respective Site Personnel as
given on the verified schedule on the scheduled payment

>>>
date stated in the employment contracts for the subject
payment cycle and to ensure that his sub-contractors shall
promptly instruct the designated bank to effect the payment

Go to Table of Conten
to the wage payment accounts and the respective MPF
contribution accounts of all their Site Personnel. The
Contractor shall ensure that certified true copies of the
instruction records are made available to the Engineer.

(3) A flow chart illustrating the payment arrangements is in

Appendix [#] to this Particular Specification.

MONITORING OF PAYMENT OF WAGES

Contractor’s Y.1 (1) Within 7 days of the commencement of the Contract, the
Labour Officer Contractor shall nominate a staff responsible full time
on-site for monitoring the payment of wages and MPF
contributions to all the Site Personnel for the approval of
the Engineer The nominated staff when approved shall

Chapter 5 (Rev. 1) 147

Project Administration Handbook for Civil Engineering Works 2012 Edition

provide all necessary assistance to the Labour Relations

Officer in the monitoring process and in the handling of
complaints on arrears of wages and MPF contributions
raised by any Site Personnel. The staff nominated by the
Contractor shall be referred to as the Contractor’s Labour
Officer.

(2) The Contractor’s Labour Officer shall be a suitably

qualified person with the following minimum

Go to Table of Content
qualifications: -

(a) attaining five subjects at grade ‘E’ or above in the

Hong Kong Certificate of Education Examination
(HKCEE) (including Chinese, English (Syllabus B)
and Mathematics) or equivalent; and
(b) full-time working experience on personnel
management or human resources related duties and
good job records; and

>>>
(c) good command of both oral and written English and
Chinese; and
(d) good computer knowledge preferably with past

Go to Table of Content
experience on the operation of a computerized
smart-card system; and
(e) preferably have completed a post secondary
certificate programme on human resources or
personnel management.

(3) The Engineer shall have the power to withdraw his

approval of the Contractor’s Labour Officer at any time.
If such approval shall be withdrawn the Contractor shall,

>>>
after receiving notice in writing of such withdrawal, remove
the Contractor’s Labour Officer from the Site forthwith and
shall replace him by another Contractor’s Labour Officer

Go to Table of Conten
approved by the Engineer.

Labour Relations Y.2 (1) The Contractor shall afford all necessary assistance to the
Officer Labour Relations Officer (LRO) in connection with the
discharge of his duties which shall include but not
necessarily limited to the following:

(i) to act as a one-point contact for the Site Personnel on

Site on any enquiries in relation to employment
matters;
(ii) to conduct briefing sessions to inform and to educate
the Site Personnel the benefits of the wage payment
control measures being implemented under the
Contract, in particular, the workers’ obligations to
report wage arrears;
(iii) to conduct regular site visits to promote the

Chapter 5 (Rev. 1) 148

Project Administration Handbook for Civil Engineering Works 2012 Edition

monitoring system and to establish contacts with Site

Personnel to obtain feedback;
(iv) to monitor payment of wages and MPF contributions
to assess whether they are made timely by the
Contractors and all sub-contractors;
(v) to oversee the setting up and maintenance of a record
system on employment contracts, workers attendance,
re-deployment, and wage payments;

Go to Table of Content
(vi) to undertake regular physical checks to verify the
accuracy and reliability of the records and to identify
irregularities, if any, for early intervention;
(vii) to establish a simple and user-friendly complaint
system, including the operation of a telephone hotline
to receive enquiries from Site Personnel on
employment matters and to receive reports on wage
defaults;
(viii) to alert the Engineer’s Representative of anomalies

>>>
and to refer the same to the Contractor for
investigation and appropriate follow-up actions; and
(ix) to report to the Engineer’s Representative and the

Go to Table of Content
Labour Department complaints on wage arrears as
soon as they are received and to provide necessary
assistance to Labour Department to facilitate
investigation and/or dispute resolution where
appropriate.
(x) to carry out random attendance checks, and to record
and report the findings to the Engineer’s
Representative.

>>>
(2) The LRO shall have the authority to check and verify the
proper operation of the smart-card system; the records of
the system and the records of instruction of payment of the

Go to Table of Conten
wages and MPF contributions. The Contractor shall
provide copies of daily records and instruction records to
and assist the LRO in the preparation of the monthly report
on payment of the wages and MPF contributions and the
smart-card records to the Engineer based on the daily
records and instruction records submitted by the Contractor.

(3) The Contractor shall display necessary information on the

contact details of the LRO by erecting notices on the Site at
prominent locations.

(4) The Contractor shall establish and maintain a separate

telephone line in the Engineer’s site office to be used as a
hotline for Site Personnel to report matters of wage disputes
to the LRO.

Chapter 5 (Rev. 1) 149

Project Administration Handbook for Civil Engineering Works 2012 Edition

Providing Access Y.3 (1) Notwithstanding any other provisions under the Contract,
and Assistance to from time to time representatives from established local
Visitors labour unions and contractors associations may visit the
Site to make propaganda for the wage payment arrangement
and monitoring process for wage payment under this
Contract to the Site Personnel. These representatives may
interview the Contractor’s Labour Officer and the LRO to
ascertain whether there are any difficulties with the
monitoring process and offer their assistance where

Go to Table of Content
necessary.

(2) Upon notification from the Engineer, the Contractor shall

provide access and all necessary assistance to these
representatives visiting the Site for the said purposes.

(3) The Contractor shall ensure that his Contractor’s all risk
and third party liability insurance policies are extended to
cover these visitors.

>>>
CASUAL WORKERS

Go to Table of Content
Casual workers Z.1 (1) “Casual Workers” are those Site Personnel who are
expected to work on Site no more than an aggregated total
of 7 working days throughout the duration of the Contract
period. The provisions under PS X.2, PS X.5, PS X.7 and
PS X.8 shall not apply to Casual Workers. Casual
Workers are required to be issued a temporary smart-card
and follow the attendance recording system in accordance
with PS X.6. Casual Workers will be subject to the full
provisions of Section X of this Particular Specification if

>>>
they are required to work on site in excess of an aggregated
total of 7 working days throughout the duration of the
Contract period (“7-day restriction”).

(2) Wages for the Casual Workers are to be paid daily by Go to Table of Conten
personal cash cheques with the subject Casual Worker
specified as payee and the cheques shall be immediately due
on presentation. The subject Casual Worker shall be
required to sign a receipt of acknowledgement of each
payment.

Chapter 5 (Rev. 1) 150

Project Administration Handbook for Civil Engineering Works 2012 Edition

(3) Copies of the following documents shall be submitted to the

Engineer for records:
(i) signed acknowledgement receipt of wage payment
from the subject Casual Worker;
(ii) the cheque; and
(iii) the certified true copy of the bank statement
showing the cash withdrawal.

Go to Table of Content
Copies of (i) and (ii) above shall be submitted the day
immediately following the subject payday referred to in
sub-clause (2) of this Clause. Copies of (iii) above shall
be submitted as soon as they are available.

(4) The 7-day restriction under sub-clause (1) of this Clause

may be relaxed subject to prior approval in writing from the
Engineer if the Engineer is satisfied that there are
reasonable grounds for not complying with the full
requirements under Section X of this Particular

>>>
Specification for the subject Casual Worker.

Go to Table of Content
* ‘Engineer’ shall be replaced by ‘Architect’ as appropriate

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 151

Project Administration Handbook for Civil Engineering Works 2012 Edition
Appendix [#] to
Particular Specification
Workers Payment Arrangements

Go to Table of Content
>>>
Go to Table of Content
>>>
Go to Table of Conten
Chapter 5 (Rev. 1) 152
Project Administration Handbook for Civil Engineering Works

Particular Preamble to amend the Standard Method of Measurement to Introduce the “Pay for
Monitoring Payment of Wages”

Section (XX) – Monitoring Payment of Wages

IMPLEMENTATION OF MONITORING PAYMENT OF WAGES

MONITORING PAYMENT OF WAGES

Go to Table of Content
nits xx.01 The units of measurement shall be :

(i) establishing monitoring system for payment of

wages …………………...………………….. item.
(ii) operating monitoring system for payment of
wages …….……...…………………month.
(iii) providing Contractor’s Labour Officer……..month.

Measurement xx.02 The items for “operating monitoring system for payment of wages”

>>>
shall be measured commencing from the date of approval by the
*Architect/Engineer/Supervising Officer/Maintenance Surveyor of
completion of establishment of monitoring system for payment of

Go to Table of Content
wages and the item for “providing Contractor’s Labour Officer”
shall commence from the date the Contractor’s Labour Officer
provided by the Contractor is approved by the Engineer/Architect
and reports duty on Site. These items shall not be measured:

(i) where the Works are not divided into Sections, between

(a) the end of the prescribed time or extended time for

completion of the Works/Works except Establishment
Works and Aftercare to Old and Valuable Trees due to

>>>
extension of time which has been granted by the
Engineer to the Contractor under sub-clauses
(1)(b)(iii), (iv), (vi), (vii) and (viii) of GCC Clause 50;

Go to Table of Conten
and
(b) the date of completion of the Works/Works except
Establishment Works and Aftercare to Old and
Valuable Trees certified by the Engineer in accordance
with GCC Clause 53.
For the purpose of calculating the extended time for
completion of the Works due to extension of time granted
by the Engineer under sub-clauses (1)(b)(iii), (iv), (vi), (vii)
and (viii) of GCC Clause 50, the periods of extended time
for completion granted under sub-clauses (1)(b)(iii), (iv),
(vi), (vii) and (viii) of GCC Clause 50 shall be summed and
added to the end of the prescribed time for completion of
the Works;

(ii) where the Works are divided into Sections, between

Chapter 5 (Rev. 1) 153

Project Administration Handbook for Civil Engineering Works

(a) the end of the prescribed time or extended time for

completion of the Section of the Works (excluding the
Sections for Establishment Works and Aftercare for
Old and Valuable Trees) due to extension of time
which has been granted by the Engineer to the
Contractor under sub-clauses (1)(b)(iii), (iv), (vi), (vii)
and (viii) of GCC Clause 50, which happens to be the
latest in time (for the purpose of calculating the
extended time for completion of each Section of the

Go to Table of Content
Works due to extension of time granted by the
Engineer under sub-clauses (1)(b)(iii), (iv), (vi), (vii)
and (viii) of GCC Clause 50, the periods of extended
time for completion granted under sub-clauses
(1)(b)(iii), (iv), (vi), (vii) and (viii) of GCC Clause 50
for that Section of the Works shall be summed and
added to the end of the prescribed time for completion
of that Section of the Works); and

(b) the date of completion of whichever Section of the

>>>
Works (excluding the Sections for Establishment
Works and Aftercare for Old and Valuable Trees)
certified by the Engineer in accordance with GCC

Go to Table of Content
Clause 53 which happens to be the latest in time;

(iii) after the expiry of the Maintenance Period (or where there is
more than one such Maintenance Period, after the expiry of
the last Maintenance Period other than the Maintenance
Periods for Establishment Works and Aftercare for Old and
Valuable Trees) where services are required as a
consequence of the default of the Contractor.

xx.03 No measurement and no payment shall be made for the item

>>>
“operating monitoring system for payment of wages” for the period
during which there is any incident of breakdowns, repairs or
maintenance without proper replacement in place at the first instance

Go to Table of Conten
or for the period where there is any incident of non compliance with
respect to the submission of documents and records in accordance
with Particular Specification Section X and payment for the item shall
therefore be measured on a pro rata basis.

emisation xx.04 Separate items shall be provided for the monitoring system for
payment of wages in accordance with General Principles paragraphs
3 and 4 and the following :

Chapter 5 (Rev. 1) 154

Project Administration Handbook for Civil Engineering Works

Group Feature

I 1. establishing monitoring system for payment of wages

2. operating monitoring system for payment of wages
3. providing Contractor’s Labour Officer

xx.05 The item for “establishing monitoring system for payment of wages”

Go to Table of Content
stablishing
Monitoring System shall, in accordance with General Preambles paragraph 2, also
r Payment of Wages include :

(a) preparation of the monitoring system for payment of wages to

the satisfaction of the *Architect / Engineer / Supervising
Officer / Maintenance Surveyor*;
(b) setting up the monitoring system for payment of wages and any
modifications thereof;

>>>
(c) provision for collection and maintenance records of payment of
wages to Site Personnel;
(d) opening of accounts in designated bank for relevant parties as

Go to Table of Content
required in Particular Specification clauses X.5 (1) to (2);
(e) nomination of a Contractor’s Labour Officer as required in
Particular Specification clauseY.1;
(f) setting up the attendance recording system for accurate
attendance records of Site Personnel and any modifications
thereof;
(g) issuing smart-cards to Site Personnel and self-employed
workers and temporary cards to visitors;

>>>
(h) insurance for the self-employed workers;
(i) establishing a hotline in the Engineer’s site office to receive
enquiries from [workers] [Site Personnel] on employment

Go to Table of Conten
matters; and
(j) advising Site Personnel of the monitoring system and the
procedures for reporting wages arrears.

perating xx.06 The item for the “operating monitoring system for payment of wages”
Monitoring System is given a pre-priced rate. In the event that the rate is insufficient or
r Payment of where there are any aspects where the methods provided hereunder
ages do not measure any item or exclude the measurement of any item or
part thereof, the difference in value shall be deemed to have been
included in the rates inserted elsewhere in the Bills of Quantities. In
addition, the item shall, in accordance with General Preambles
paragraph 2, also be deemed to include :

em Coverage (a) operating and maintaining the attendance recording system to

obtain accurate attendance records of Site Personnel;

Chapter 5 (Rev. 1) 155

Project Administration Handbook for Civil Engineering Works

(b) controlling the issue of smart cards to Site Personnel;

(c) reviewing, updating and revising the monitoring system for
payment of wages taking into account the comments made by
the *Architect / Engineer / Supervising Officer / Maintenance
Surveyor or any other parties;
(d) implementing measures to ensure that payments of wages to
Site Personnel are made against the attendance records of the
attendance recording system;

Go to Table of Content
(e) compiling, submitting and maintaining records of payment of
wages and other monetary benefits to Site Personnel;
(f) observing all statutory and contractual obligations in ensuring
proper payment of wages and other monetary benefits to Site
Personnel, and any other related obligations, liabilities, risks
and profit;
(g) providing all necessary assistance to the Labour Relations
Officer in the discharge of his duties, functions and
responsibilities;

>>>
(h) maintaining a hotline in the Engineer’s site office to receive
enquires from [Site Personnel] on employment matters;

Go to Table of Content
(i) maintaining insurance for the self-employed workers; and
(j) providing access and assistance to visitors as required under
Particular Specification Y.3 including the necessary insurance
coverage.

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 156

Project Administration Handbook for Civil Engineering Works

Providing xx.07 The item for the “Providing Contractor’s Labour Officer” shall, in
Contractor’s accordance with General Preambles paragraph 2, include the costs
Labour Officer and expenses of providing a Contractor’s Labour Officer and
supporting staff inclusive and without limitation to the following:

Item Coverage (a) basic salary;

(b) gratuity;
(c) overtime payment;

Go to Table of Content
(d) sundry allowance;
(e) housing allowance;
(f) travel allowance;
(g) leave allowance;
(h) education allowance;
(i) medical allowance;
(j) dental allowance;

>>>
(k) bonus;
(l) contribution to a registered mandatory provident fund scheme;

Go to Table of Content
(m) all necessary levies, e.g. Construction Industry Training
Authority;
(n) insurances; and
(o) fringe benefits.

* Delete as appropriate.

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 157

Project Administration Handbook for Civil Engineering Works

Sample bills of Quantities for Capital Works Contracts

For Implementing the Monitoring Payment of Wages

Item Rate
No. Description Quantity Unit ($) Amount ($)

1 Establishing monitoring system 1 Item

for payment of wages

Go to Table of Content
2# Operating monitoring system for ?? Month Insert rate Extension*
payment of wages appropriate
for the
contract and
work out the
extension

3 Providing Contractor’s Labour ?? Month

Officer

>>>
Go to Table of Content
# The rate for item 2 is fixed and should not be adjusted upwards or downwards irrespective of
the Final Contract Sum.

* To be added to the tender sum.

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 158

Project Administration Handbook for Civil Engineering Works

Provisional Sum for MPF contributions by the Contractor and his sub-contractors of all
tiers

(I) For Building/Civil Engineering Contracts - Provisional Sum

Provide for the following sum to be expended

wholly or in part as certified by the
*Architect/Engineer in accordance with SCC[xx]
or wholly deducted from the Contract Sum if not

Go to Table of Content
required:

Reimbursement of Contractor’s and his Sum [3.5% of the total of all the
sub-contractors’ (of all tiers) the amount of tendered Bills of Quantities
employer’s contributions to the Mandatory and the amount is to be
Provident Fund for their respective Site inserted to the grand
Personnel. summary page only] Please
see grand summary page

>>>
Note:

1. The exact percentage can be adjusted to suit the specific nature of the contract provided

Go to Table of Content
that the percentage used is supported by calculations.

2. The tendered Bill total is used and not the estimated contract sum as this maintains
competition in pricing. Please ensure that an item is added to the BQ summary page to
ensure that this will be inserted by the Tenderer. See sample attached.

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 159

Project Administration Handbook for Civil Engineering Works

THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

…………………… DEPARTMENT
CONTRACT NO. …………………. SAMPLE
SAMPLE
(Title of Contract)
BILLS OF QUANTITIES
GRAND SUMMARY

Go to Table of Content
Page No. Bill No. Description HK$

1 Preliminaries

2 ..

3 ..

>>>
5

6 Prime Cost and Provisional Sums

Go to Table of Content
(excluding the Provisional Sum allowed for MPF
reimbursement)

Sub-total

Contingency Sum

Total of the above

Add 3.5% # of the Total above as a Provisional Sum for

>>>
reimbursement of MPF.

Adjustment Item

Go to Table of Conten

Addition/Deduction

Tender Sum

Signature of person authorized

to sign on behalf of tenderer: ……………………………………………

Name of tenderer: ……………………………………………………….

Date: …………………………………………………………………….

#
Exact percentage to be decided by the project office.

#
Exact percentage to be decided by the project office.

Chapter 5 (Rev. 1) 160

Project Administration Handbook for Civil Engineering Works

APPENDIX 5.15 CONTRACT MEASURES TO PREVENT NON-PAYMENT OF

WAGES (FOR IN-HOUSE CAPITAL WORKS CONTRACTS)

Notes To Tenderers

NTT# : Employing Site Personnel for the Contract and Payment of Site Personnel’s
Wages

Tenderers’ attention is drawn to Special Conditions of Contract Clause [zz] requiring all Site

Go to Table of Content
Personnel engaged in the Contract to be employed under written employment contracts with
either the Contractor or his sub-contractors (irrespective of the tiers) including specialist
sub-contractors and Nominated Sub-contractors. Self-employed persons shall be subject to
other requirements of the contract. Tenderers’ attention is also drawn to the new
requirement and arrangement on Payment of Site Personnel’s Wages set out in Particular
Specification Section [X]. In the event the Contractor or his sub-contractors including
specialist sub-contractors and Nominated Sub-contractors fail to pay wages to their Site
Personnel, the Employer may pay any wages in arrears to the Site Personnel and recover the
same from any monies due to the Contractor under the Contract.

>>>
NTT## : Reimbursement of mandatory provident fund (MPF) contribution

The Tenderers’ attention is drawn to Special Conditions of Contract Clause [xx] on the

Go to Table of Content
arrangements in the reimbursement of the Contractor’s and sub-contractor’s contribution to
MPF.

NTT### : Regulating Actions on Poor Records of Non-payment of Wages to Site

Workers by Contractors

Tenderers’ attention is drawn to the new regulating actions introduced in the Contractors’
Management Handbook (CMH) on poor records of non-payment of wages to site workers by
contractors. These are repeated here for ease of reference:-

>>>
“CMH Section 5.1.3 – Circumstances which may lead to the taking of regulation actions,
include, but are not limited to: -

Go to Table of Conten
Add (xviii) – poor records on non-payment of workers’ wages, including those of his
sub-contractors. A “non-payment of workers’ wages” record is defined as a claim filed
in the office of the Labour Department and proof thereof is furnished to the satisfaction of
the Commissioner for Labour, in which the Contractor or any of his sub-contractors,
irrespective of tiers, is liable.

CMH Section 5.2.3(c) – Circumstances warranting mandatory suspension from tendering

in all categories (A time limit for review to be set in all cases but should not be longer
than six months):-

Add (vii) – poor records on non-payment of workers’ wages, including those of his
sub-contractors. A “non-payment of workers’ wages” record is defined as a claim filed
in the office of the Labour Department and proof thereof is furnished to the satisfaction of
the Commissioner for Labour, in which the Contractor, or any of his sub-contractors,
irrespective of tiers, is liable.

Chapter 5 (Rev. 1) 161

Project Administration Handbook for Civil Engineering Works

NTT#### : Reimbursement of Contractor’s actual payment and payment of

Contractor’s associated expenses in providing Labour Relations Officers

The Tenderers’ attention is drawn to Special Conditions of Contract Clause [vv] on

reimbursement of Contractor’s actual payment and payment of Contractor’s associated
expenses in providing Labour Relations Officers for the Contract. The Contractor shall be
reimbursed the actual payment made to Labour Relations Officers as certified by the
Engineer/Architect ∗ in accordance with General Conditions of Contract Clause 79 and shall
also be paid a percentage fee of the actual payment made to Labour Relations Officers as

Go to Table of Content
certified by the Engineer/Architect ∗ in accordance with General Conditions of Contract
Clause 79 as the Contractor’s associated expenses in providing Labour Relations Officers.
The rate of the percentage fee is as inserted by tenderers in the Bills of Quantities and is to be
used for arriving at the Provisional Sum for the Contractor’s associated expenses in providing
Labour Relations Officers.

>>>
Go to Table of Content
>>>
Go to Table of Conten

∗
Delete as appropriate
∗
Delete as appropriate

Chapter 5 (Rev. 1) 162

Project Administration Handbook for Civil Engineering Works

Special Conditions of Contract

SCC[vv] : Reimbursement of Contractor’s actual payment and payment of

Contractor’s associated expenses in providing Labour Relations Officers

1) The Contractor shall comply with the requirements and procedures set out in Particular
Specification Section Y for the employment and administration of Labour Relations
Officers (LRO).

Go to Table of Content
(2) The Engineer/Architect∗ shall ascertain and certify for payment in accordance with
General Conditions of Contract Clause 79, the amount of actual payment made by the
Contractor and of the Contractor’s associated expenses in providing LRO referred to
in sub-clause (6) of SCC[zz]. For the avoidance of doubt, the actual payment
includes the salary, overtime allowance, end-of-contract gratuity, medical and dental
care expenses for LRO and the advertisement costs incurred in the recruitment of
LRO. For the further avoidance of doubt, any reimbursement of Contractor’s
contributions to the mandatory provident fund for LRO shall be made in accordance
with SCC[xx]. Other costs or expenses, including but not limiting to those incurred for
recruitment, employment, arranging for temporary or permanent replacement, training

>>>
and employees’ compensation insurance shall be covered by the Contractor’s
associated expenses which are determined in accordance with sub-clause (4).

Go to Table of Content
(3) The Contractor shall be reimbursed with the actual payment made to LRO as certified
by the Engineer/Architect∗ in accordance with General Conditions of Contract Clause
79. The rules on “accountability” set under this sub-clause (3) must be satisfied before
any salary and other direct payments related to LRO made by the Contractor is
reimbursable:-

(i) the amount in respect of salary, end-of-contract gratuity and overtime payment
shall have been paid by the Contractor to the LRO and as evidenced by receipts
from the LRO;

>>>
(ii) actual expenses incurred, if any, for advertising the recruitment of LRO in any
local press shall be evidenced by relevant receipts; and
(iii) LRO, or the Contractor shall be additionally accountable for the amount invoiced

Go to Table of Conten
in respect of reimbursement of medical and dental care, i.e. only if it is actually
spent by the LRO or settled by the Contractor, as the case may be, on the
respective purposes, within the approved employment terms, and as evidenced by
receipts from the respective service providers who provide service to the LRO.

(4) For the purposes of this Clause, the “Contractor’s associated expenses” refers to a
percentage fee of the amount of actual payment made to LRO as certified by the
Engineer/Architect∗ in accordance with General Conditions of Contract Clause 79 in
providing LRO. The rate of the percentage fee is as inserted by the Contractor in
item [x] of Bill No. [x] – Prelininaries of the Bills of Quantities and is to be used for
arriving at the Provisional Sum for Contractor’s associated expenses in providing
Labour Relations Officers.

∗
Delete as appropriate
∗
Delete as appropriate
∗
Delete as appropriate

Chapter 5 (Rev. 1) 163

Project Administration Handbook for Civil Engineering Works

SCC[xx] : Reimbursement of Contractor’s Contribution to the Mandatory Provident

Fund for his Site Personnel
[Note: For contracts which tenders are invited on or after 1 September 2012, please refer to
SCC[xx]1]

(1) Subject to sub-clause (2) of this Clause, the Engineer/Architect∗ shall ascertain and
certify for payment in accordance with General Conditions of Contract Clause 79, the
amount of the Contractor’s mandatory contribution under the Mandatory Provident

Go to Table of Content
Fund Schemes Ordinance (Cap. 485), including contribution by sub-contractors of
all tiers including specialist sub-contractors and Nominated Sub-contractors, to the
employer’s mandatory provident fund for the Site Personnel under this Contract, based
on the designated bank’s instruction records as specified in Particular Specification
Section X.

(2) The Employer shall not be liable to reimburse the Contractor, or sub-contractors of all
tiers including specialist sub-contractors and Nominated Sub-contractors, any amount
of the contribution to the employer’s mandatory provident fund for the Site Personnel
under the Contract other than the amount certified by the Engineer/Architect* pursuant

>>>
to sub-clause (1) of this Clause. For the avoidance of doubt, the Employer shall not
be liable to pay the Contractor any of the part of Contractor’s contribution, including
contribution by sub-contractors of all tiers including specialist sub-contractors and

Go to Table of Content
Nominated Sub-contractors, to the employer’s mandatory provident fund for any Site
Personnel under the Contract which exceeds the Provisional Sum for mandatory
provident fund contributions allowed for in the Contract.

(3) Notwithstanding General Conditions of Contract Clause 68, the Contractor and his
sub-contractors of all tiers including specialist sub-contractors and Nominated
Sub-contractors are not entitled to any profit and administration cost including
overheads cost, whether on or off the Site, for the reimbursement made under this
Clause.

>>>
Go to Table of Conten

∗
Delete as appropriate

Chapter 5 (Rev. 1) 164

Project Administration Handbook for Civil Engineering Works

SCC[xx]1 : Reimbursement of Contractor’s and Sub-contractors’ Contributions to

Mandatory Provident Fund for their Site Personnel
[Note: For contracts which tenders are invited on or after 1 September 2012]

(1) Except as provided for the Contractor’s and sub-contractors’ mandatory contribution
elsewhere in the Contract and subject to sub-clause (2) of this Clause, the
Engineer/Surveyor∗ shall ascertain and certify for payment in accordance with
General Conditions of Contract Clause 79, the amount of the Contractor’s mandatory

Go to Table of Content
contribution under the Mandatory Provident Fund Schemes Ordinance (“Cap. 485”)
and the sum equivalent to the amount of mandatory contribution under Cap. 485 by
sub-contractors, for the Site Personnel under the Contract, based on the instruction
records as specified in Particular Specification Section X.

(2) (a) The Employer shall not be liable to make reimbursement to the Contractor any
amount or sum equivalent to the amount relating to the employer’s mandatory
provident fund for the Site Personnel under the Contract other than the amount
and sum certified by the Engineer/Surveyor* pursuant to sub-clause (1) of this
Clause.

>>>
(b) The Employer shall not be liable to pay the Contractor any of the part of
Contractor’s mandatory contribution under Cap 485 and any of the sum

Go to Table of Content
equivalent to the amount of mandatory contribution under Cap. 485 by
sub-contractors for any Site Personnel under the Contract which exceeds the
Provisional Sum for reimbursement of employer’s mandatory contributions under
Cap 485 allowed for in the Contract.

(3) For the avoidance of doubt and subject to sub-clause (2) of this Clause, the Employer
shall only be liable to pay the Contractor the amount or the sum equivalent to the
amount of mandatory contribution under Cap 485 in respect of a relevant member of
the Site Personnel under the Contract for the relevant contribution period.

>>>
(4) Notwithstanding General Conditions of Contract Clause 68, the Contractor and his
sub-contractors are not entitled to any profit and administration cost including

Go to Table of Conten
overheads cost, whether on or off the Site, for the reimbursement made under this
Clause.

(5) For the purposes of this Clause, “sub-contractors” shall mean sub-contractors of all
tiers including Specialist Contractors and Nominated Sub-contractors.

∗
Delete as appropriate

Chapter 5 (Rev. 1) 165

Project Administration Handbook for Civil Engineering Works

SCC[yy] : Definition and Interpretation

General Conditions of Contract Clause 1(1) is amended by adding the definition of :

“Site Personnel” - “Site Personnel” means all workers and staff employed by the
Contractor or his sub-contractor of all tiers including specialist
sub-contractors and Nominated Sub-contractors, except self-employed
workers, engaged for the execution of the Works on the Site and
includes those drivers and lorry drivers who are not self-employed

Go to Table of Content
persons engaged for the Works.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 166

Project Administration Handbook for Civil Engineering Works

SCC[zz] : Payment of Wages of Site Personnel

(1) Subject to those Casual Workers referred to in Clause Z.1 (1) of Particular
Specification "Section Z" on "Causal Workers", all Site Personnel shall be engaged in
accordance with Clauses X.2 to X.5 of Particular Specification “Section X” on
“Payment of Wages of Site Personnel”. Such Site Personnel shall be engaged with a
written employment contract with their respective employers who shall be either the
Contractor or any of his sub-contractors, as submitted in the Sub-contractors’
Management Plan required under SCC Clause [??] of these Special Conditions of

Go to Table of Content
Contract. The terms of the employment contract shall be not less favorable to the
terms provided in the Specimen Employment Contract which may as necessary be
revised by the Engineer/Architect* from time to time at Appendix [#] to these Special
Conditions of Contract as far as the Site Personnel are concerned. Payment of wages
shall be made at least once per month. Employment contracts which stipulate a
payment cycle in less frequent than once per month will not be permitted under this
Contract.

(2) The Contractor shall ensure that all workers who are self-employed persons engaged
to work on the Site shall each be covered by a personal accident insurance plan with a

>>>
minimum coverage of HK$1,000,000 by extending either the Contractor’s employees
compensation insurance policy or his third party liability and all risks insurance
policy. Alternatively the Contractor shall arrange a separate personal accident

Go to Table of Content
insurance plan for all self-employed workers for a minimum cover of HK$1,000,000
in the form specified in Appendix [##] to these Special Conditions of Contract and
shall maintain such policy for the duration of the self-employed workers being
engaged in the Contract. The Contractor shall produce evidence of such insurance
before the self-employed workers are issued a smart card as described in Particular
Specification “Section X” on “Payment of Wages of Site Personnel”. The Contractor
shall inform the Engineer/Architect* immediately when the insurance policy of a
self-employed worker has expired together with evidence showing its renewal as
appropriate.

>>>
(3) Lorry drivers engaged for the Works (excluding those lorry drivers engaged by
suppliers to deliver material to the Site) may be either a Site Personnel or a
self-employed person.

(4) The Contractor shall provide and maintain an attendance recording system comprising Go to Table of Conten
smart-card cum biometric authentication to record and verify the information of all
Site Personnel entering and leaving the Site in accordance with Particular
Specification “Section X” on “Payment of Wages of Site Personnel”.

(5) Within 14 days of the commencement of the Contract, the Contractor shall make
necessary arrangements with a bank to implement the arrangement on payment of
wages to Site Personnel in accordance with Particular Specification “Section X” on
“Payment of Wages of Site Personnel”. The Contractor shall submit a written
declaration that all Site Personnel’s wages payable have been paid when the
Contractor submits the instruction records as specified in Particular Specification
Section X to the Engineer/Architect∗. Site Personnel who are not able to open a

∗
Delete as appropriate

Chapter 5 (Rev. 1) 167

Project Administration Handbook for Civil Engineering Works

personal bank account in Hong Kong shall be paid by personal cash cheques in
accordance with Particular Specification “Section X”.

(6) The Contractor shall provide suitably qualified staff to act as Labour Relations
Officers referred to in Section [Y] of the Particular Specification to monitor payment
of wages.

(7) Pursuant to General Conditions of Contract Clause 4(3), failure to comply with
Section X of the Particular Specification by any of the sub-contractors may render the

Go to Table of Content
removal of the sub-contractor from the Site and/or the Works.

(8) (a) Without prejudice to any of the provision under General Conditions of Contract
Clause 40 and in the event of default being made in the payment of any wages of
any Site Personnel employed by the Contractor or any of the sub-contractors in
and for carrying out this Contract and if a claim therefore is filed in the office of
the Labour Department and proof thereof (including, where the claim is disputed
by the Contractor or by any of the responsible sub-contractors, as the case may
be, or it is found necessary by the Commissioner for Labour, proof of final
determination of the claim by an award or order of the Labour Tribunal or as the

>>>
case may be the Minor Employment Claims Adjudication Board or a judgment of
the District Court or, where the matter is subsequently further disputed by way of
appeal, by a judgment of the Court of First Instance or the Court of Appeal) is

Go to Table of Content
furnished to the satisfaction of the Commissioner for Labour; provided that the
subject incident of default in payment of wages is reported to the Labour
Relations Officer within 7 working days (Sundays and public holidays excluded)
of the final due date for payment as prescribed under section 23 of the
Employment Ordinance (Cap 57), the Employer may, after the Contractor or the
sub-contractor, as the case may be, who is in default of paying any wages to the
Site Personnel, make payment of such wages or claim for wages on behalf of the
Contractor or the subcontractor to the Site Personnel and any sums so paid shall
be recoverable by the Employer as a debt from the Contractor.

>>>
(b) For the avoidance of doubt, Site Personnel employed by the Contractor are not
subject to the reporting requirement to the Labour Relations Officer under
sub-clause 8(a) of this Clause.

(c) For the further avoidance of doubt, where any self-employed worker is found by Go to Table of Conten
the Labour Tribunal or as the case may be the Minor Employment Claims
Adjudication Board or a judgment of the District Court or, where the matter is
subsequently further disputed by way of appeal, by a judgment of the Court of
First Instance or the Court of Appeal to be an employee instead of a
self-employed worker, sub-clause 8(a) of this clause shall apply to that
self-employed worker provided that the subject incident of default in payment of
wages is similarly reported to the Labour Relations Officer within 7 working days
(Sundays and public holidays excluded) of the final date for payment under
section 23 of the Employment Ordinance (Cap 57).

(9) For the purpose of this Clause, "sub-contractors" means sub-contractors, irrespective
of tiers, including specialist sub-contractors and Nominated Sub-contractors.

Chapter 5 (Rev. 1) 168

Project Administration Handbook for Civil Engineering Works

SCC[X] : Contractor’s Management Team

(1) Without prejudice to the generality of General Conditions of Contract Clause 17, the
Contractor shall provide a team of suitably qualified and experienced staff to manage
and supervise the Contract throughout the execution of the Works. All members of
staff on the management/site supervision team (refer to as “the Team” in this Clause)
must be under the direct employment of the Contractor. The Team shall comprise
sufficient number of suitably qualified and experienced staff in the following
disciplines :-

Go to Table of Content
(State minimum qualification requirements in the Particular Specification for each
discipline if considered necessary.)

(a) Project Manager;

(b) Site agent in accordance with General Conditions of Contract Clause 17;
(c) Site Engineers;
(d) Topographic Surveyors;
(e) Quantity Surveyors;
(f) Site Superintendent; and

>>>
(g) Site Foremen.

(2) Members of staff on the Team are prohibited to be given a sub-contract to any part of

Go to Table of Content
the Works or to have a vested interest in any of the sub-contractors irrespective of tiers
including Specialist Sub-contractors and Nominated Sub-contractors under this
Contract.

(3) Within 14 days of the commencement of the Contract, the Contractor shall submit to
the Engineer/Architect a list of staff with all necessary details which comprised the
Team referred to in sub-clause (1) of this Clause.

(4) The Contractor shall either provide documentary proof on the employment status of
the staff on the Team, such as employment contracts, tax returns, payment of salaries

>>>
and the like upon request by the Engineer/Architect or provide a formal declaration
to the effect that such a staff is indeed under the direct employment of the Contractor.
The declaration shall be signed by a person authorized to sign tenders on behalf of the

Go to Table of Conten
Contractor.

(5) With the exception of the Project Manager, all members of staff in the Team shall be
full time# on Site during site working hours.

(6) The Contractor shall inform the Engineer/Architect forthwith of any changes made
to any of the staff on the Team.


Add/delete disciplines as appropriate.

Delete as appropriate.

Delete as appropriate.
#
Consider whether some of the staff may only be needed part time, such as surveyors.

Delete as appropriate.

Chapter 5 (Rev. 1) 169

Project Administration Handbook for Civil Engineering Works

SCC[Y] : Sub-contract conditions

[Note: For contracts which tenders are invited on or after 1 September 2012, please refer to
SCC[Y]1]

(1) Without prejudice to the generality of General Conditions of Contract Clause 4, the
Contractor shall ensure that the following provisions of this Contract shall be similarly
and appropriately included into each and every sub-contract of all tiers including
Specialist Sub-contracts and Nominated Sub-contracts for the carrying out of the
Works under this Contract and the Contractor shall be responsible for the observance

Go to Table of Content
of these provisions by all sub-contractors (irrespective of any tier), including specialist
sub-contractors and Nominated Sub-contractors employed in the carrying out of the
Works :-

(1) General Conditions of Contract Clause 40

(2) ) - List out all relevant SCCs, PS, etc.
(3) )
.
.
.

>>>
.

(2) Upon request by the Engineer/Architect#, the Contractor shall provide copies of the

Go to Table of Content
relevant sub-contracts with the sub-contract provisions referred to in sub-clauses (1)
and (2) of this Clause to the Engineer/Architect# for his record and provide the
original documents of the relevant sub-contracts for inspection by the
Engineer/Architect#.

(3) The Contractor shall comply with and shall ensure that all sub-contractors
(irrespective of any tier) shall comply with the provisions of this Clause; and shall, if
necessary, within reasonable time enter into a supplemental agreement with his
sub-contractor to ensure that the sub-contract complies with the requirements in
sub-clauses (1) and (2) of this Clause and to ensure that his sub-contractor will do the

>>>
same in the lower tier sub-contracts.

(4) If the Contractor or any of the sub-contractors (irrespective of any tier) fails to comply

Go to Table of Conten
with the provisions of this Clause, the Engineer/Architect# shall, without prejudice to
any other rights and remedies, have full power to order the removal of the
sub-contractor from the Site and/or the Works.

#
Delete as appropriate.

Chapter 5 (Rev. 1) 170

Project Administration Handbook for Civil Engineering Works

SCC[Y]1 : Sub-contract conditions

[Note: For contracts which tenders are invited on or after 1 September 2012]

(1) Without prejudice to the generality of General Conditions of Contract Clause 4, if any
part of the Works is sub-contracted by the Contractor, the Contractor shall ensure that
a clause on reimbursement of the sum equivalent to the amount of sub-contractor’s
contribution to mandatory contribution under the Mandatory Provident Fund Schemes
Ordinance Cap 485 for the Site Personnel under the Contract and on payment of wages
of Site Personnel in the form appearing in the Annex hereto is included in all

Go to Table of Content
sub-contracts entered into with the Contractor. For sub-contractors at any lower tier
of sub-contracting, the Contractor shall take all reasonable steps to ensure that such
clause in the form appearing in the Annex hereto is included in all sub-contracts at
lower tiers of sub-contracting.

(2) The Contractor shall ensure that all sub-contractors engaged by the Contractor who are
involved in the Contract shall include, observe and comply with the provisions which
are in the terms of Clause [A] in the Annex in the relevant sub-contracts. For
sub-contractors at any lower tier of sub-contracting, the Contractor shall take all
reasonable steps to ensure that sub-contractors who are involved in the relevant

>>>
sub-contracts of the Contract shall include, observe and comply with the provisions
in the relevant sub-contracts which are mutatis mutandis in the terms of Clause [A].

Go to Table of Content
(3) The Contractor shall submit copies of the relevant sub-contracts of the Contract to the
Engineer / Surveyor* for the purpose of checking if the sub-contract provisions
referred to in sub-clauses (1) and (2) of this Clause are included in the relevant
sub-contracts as required under sub-clauses (1) and (2) of the Clause. Upon request
by the Engineer / Surveyor, the Contractor shall provide the original documents of the
relevant sub-contracts for inspection by the Engineer / Surveyor*.

(4) The Contractor shall comply with and shall ensure that all sub-contractors engaged by
the Contractor shall comply with the provisions of this Clause; and shall, if necessary,
within reasonable time enter into a supplemental agreement with his sub-contractor to

>>>
ensure that the sub-contract complies with the requirements in sub-clauses (1) and (2)
of this Clause and shall take all reasonable steps to ensure that sub-contractors at any
lower tier of sub-contracting shall include, observe and enter into a supplemental

Go to Table of Conten
agreement if necessary and as required under this sub-clause.

(5) If the Contractor or any of the sub-contractors (irrespective of any tier) fails to comply
with the provisions of this Clause, the Engineer / Surveyor* shall, without prejudice to
any other rights and remedies, have full power to order the removal of the
sub-contractor from the Site and/or the Works.

Chapter 5 (Rev. 1) 171

Project Administration Handbook for Civil Engineering Works

ANNEX

Draft Clause on reimbursement of the sum equivalent to

the amount of sub-contractor’s contribution to mandatory contribution
under the Mandatory Provident Fund Schemes Ordinance Cap 485 for the
Site Personnel and on payment of wages of Site Personnel

[Example : The Government enters into the Contract with the main Contractor.
The main Contractor then subcontracts to the sub-contractor at the first

Go to Table of Content
tier, who in turn further sub-contracts to the sub-contractor at the second
tier;
: in the first sub-contract between the main Contractor and the
sub-contractor at the first tier, in Clause A below, “the Contractor”
means the main Contractor, and “the Sub-contractor” means the
sub-contractor at the first tier;
: in the second sub-contract between the sub-contractor at the first tier and
the sub-contractor at the second tier, in Clause A below, “the Contractor”
means the sub-contractor at the first tier, and “the Sub-contractor”
means the sub-contractor at the second tier]

>>>
Clause [A]
(1) In this Sub-contract the following words and expressions shall have the meanings

Go to Table of Content
hereby assigned to them except when the context otherwise requires :-

(i) “Contract” means the main contract (set out (Reference / Contract No.) made
between the Employer and the main Contractor;

(ii) “main Contractor” refers to the contractor who has entered into the Contract with
the Employer;

(iii) “Employer” means the Government of the Hong Kong Special Administrative
Region;

>>>
(iv) “Engineer / Surveyor*” means the Engineer / Surveyor* of the Contract and as
defined in the Contract;

(v) (Not Used) Go to Table of Conten

(vi) “Site” means the Site as defined in the Contract;

(vii) “Site Personnel” means the Site Personnel engaged by the Sub-contractor or his
sub-contractors at lower tier(s) for the execution of the Works and has the same
meaning as defined under Special Conditions of Contract Clause [yy] of the
Contract;

(viii) “Sub-contract” means this agreement;

(ix) “Sub-contract sum” means the sum identified as such in the Sub-contract
[Schedule of Prices]; and

(x) “Works” means the Works as defined in the Contract.

Chapter 5 (Rev. 1) 172

Project Administration Handbook for Civil Engineering Works

(2) (i) Without prejudice to the generality of General Conditions of Contract Clause 4 of
the Contract, if any part of the Works is further sub-contracted to any person by
the Sub-contractor, the Sub-contractor shall ensure that the relevant provisions
under this Clause on reimbursement of the sum equivalent to the amount of
sub-contractor’s mandatory contribution under the Mandatory Provident Fund
Schemes Ordinance Cap 485 for the Site Personnel and on payment of wages of
Site Personnel are included in all lower tier sub-contracts.

Go to Table of Content
(ii) The Sub-contractor shall ensure that all sub-contractors at lower tier(s) shall
include, observe and comply with the provisions which are mutatis mutandis in
the terms of this Clause [A] in the relevant sub-contracts in the lower tier
sub-contract.

(iii) The Sub-contractor shall submit copies of the relevant lower tier sub-contracts of
the Contract to the Engineer / Surveyor* for the purpose of checking if the
relevant sub-contract provisions referred to in sub-clauses (2)(i) and (2)(ii) of this
Clause are included in the relevant lower tier sub-contracts. Upon request by the
Engineer / Surveyor*, the Sub-contractor shall provide the original documents of

>>>
the relevant lower tier sub-contracts for inspection by the Engineer/Surveyor#.

(iv) The Sub-contractor shall comply with and shall ensure that sub-contractors at

Go to Table of Content
lower tier(s) shall comply with the provisions of this Clause; and shall, if
necessary, within reasonable time enter into a supplemental agreement with his
sub-contractor at lower tier to ensure that the lower tier sub-contract complies
with the requirements in sub-clause (2)(i) and (2)(ii) of this Clause and shall take
all reasonable steps to ensure that sub-contractors at further lower tier of
sub-contracting shall include, observe and enter into a supplemental agreement if
necessary and as required under this sub-clause 2(iv).

(3) (i) The Contractor shall certify and reimburse in accordance with the payment
procedure under the Sub-contract the Sub-contractor the sum equivalent to the

>>>
amount of mandatory contribution under the Mandatory Provident Fund Schemes
Ordinance, Cap. 485 (“Cap 485”) to the employer’s mandatory provident fund for
the Site Personnel, based on the instruction records as specified in Particular

Go to Table of Conten
Specification Section X on “Payment of Wages of Site Personnel” of the Contract
(“Particular Specification Section X of the Contract”), a copy of which is also
attached hereto.

(ii) (a) The Contractor shall not be liable to make reimbursement to the
Sub-contractor any sum equivalent to the amount relating to the employer’s
mandatory provident fund for the Site Personnel other than the sum
certified by the Contractor pursuant to sub-clause (3)(i) of this Clause.

(b) The Contractor shall not be liable to pay the Sub-contractor any of the sum
equivalent to the amount of mandatory contribution under Cap. 485 to the
employer’s mandatory provident fund for any Site Personnel which exceeds
the Provisional Sum for reimbursement of employer’s mandatory
contributions under Cap 485 allowed for in the Contract.

Chapter 5 (Rev. 1) 173

Project Administration Handbook for Civil Engineering Works

(iii) For the avoidance of doubt, the Contractor shall only be liable to pay the
Sub-contractor the sum equivalent to the amount of mandatory contribution under
Cap 485 in respect of a relevant member of the Site Personnel for the relevant
contribution period.

(iv) The Sub-contractor and his sub-contractors at lower tier(s) are not entitled to any
profit and administration cost including overheads cost, whether on or off the
Site, for the reimbursement made under this Clause.

Go to Table of Content
(v) The Sub-contractor shall make available certified true copies of the instruction
records as specified in Particular Specification Section X of the Contract to the
Contractor referred to in this Clause A(3)(i) and if applicable the letter referred to
in this Clause A(3)(iii)(b) for the main Contractor’s submission to the Engineer
for payment under Special Conditions of Contract Clause [xx] of the Contract and
payment of the sum or part of the sum equivalent to the amount of mandatory
contribution under Cap 485 by the sub-contractors for the Site Personnel under
the Contract.

(4) (i) Subject to those Casual Workers referred to in Clause Z.1 (1) of Particular

>>>
Specification Section Z on "Causal Workers" of the Contract, all Site Personnel
shall be engaged in accordance with Clauses X.2 to X.5 of Particular
Specification Section X of the Contract. Such Site Personnel shall be engaged

Go to Table of Content
with a written employment contract with their respective employers who shall
either be the Sub-contractor or any of his sub-contractors at lower tier(s). The
terms of the employment contract shall be not less favourable to the terms
provided in the Specimen Employment Contract at Appendix [#] to the Special
Conditions of Contract of the Contract as far as the Site Personnel are concerned.
Payment of wages shall be made at least once per month. Employment
contracts which stipulate a payment cycle in less frequent than once per month
will not be permitted under the Contract nor under this Sub-contract.

(ii) The Sub-contractor shall ensure that all workers who are self-employed persons

>>>
engaged to work on the Site shall each be covered by a personal accident
insurance plan with a minimum coverage of HK$1,000,000 by either extending
the Sub-contractor’s employees compensation insurance policy or his third party

Go to Table of Conten
liability and all risks insurance policy. Alternatively the Sub-contractor shall
arrange a separate personal accident insurance plan for all self-employed workers
for a minimum cover of HK$1,000,000 in the form specified in Appendix [##] to
the Special Conditions of Contract of the Contract and shall maintain such policy
for the duration of the self-employed workers being engaged in the Contract.
The Sub-contractor shall produce evidence of such insurance before the
self-employed workers are issued a smart card as described in Particular
Specification Section X of the Contract. The Sub-contractor shall inform the
Contractor immediately when the insurance policy of a self-employed worker has
expired together with evidence showing its renewal as appropriate.

(iii) Lorry drivers engaged for the Works (excluding those lorry drivers engaged by
suppliers to deliver material to the Site) may either be a Site Personnel or a
self-employed person.

Chapter 5 (Rev. 1) 174

Project Administration Handbook for Civil Engineering Works

(iv) There is on Site an attendance recording system comprising smart-card cum

biometric authentication to record the attendance of all Site Personnel and the
Sub-contractor shall verify the information of his Site Personnel entering and
leaving the Site in accordance with Particular Specification Section X of the
Contract.

(v) Within 14 days of the commencement of the Sub-contract, the Sub-contractor

shall make necessary arrangements with a bank to implement the arrangement on
payment of wages to Site Personnel in accordance with Particular Specification

Go to Table of Content
Section X of the Contract. The Sub-contractor, among others specified in
Particular Specification Section X of the Contract,

(a) shall prepare the respective schedules of wages of the Site Personnel
employed or engaged by them and the corresponding mandatory
contributions under Cap 485 based on the verified data from the smart-card
system [or log books] kept by the Contractor and/or the Sub-contractor*;

(b) shall have sufficient funds available in the respective designated bank
accounts for the payment of the wages and mandatory contributions under

>>>
Cap 485 to their respective Site Personnel and ensure that certified true
copies of the instruction records are made available to the Engineer /
Surveyor*; and

Go to Table of Content
(c) shall submit a written declaration that all Site Personnel’s wages payable
have been paid when he submits the instruction records to the Contractor,

in accordance with Particular Specification Section X of the Contract. Site

Personnel who are not able to open a personal bank account in Hong Kong shall
be paid by personal cheques in accordance with Particular Specification Section
X of the Contract.

(vi) The Sub-contractor shall acknowledge General Conditions of Contract Clause

>>>
4(3) of the Contract that failure to comply with the Particular Specification
Section X of the Contract by any of the sub-contractors may render the removal
of the Sub-contractor from the Site and/or the Works.

(vii) The Sub-contractor shall, at quarterly intervals from the date of commencement Go to Table of Conten
of this Sub-contract, submit to the Engineer / Surveyor* a letter from the
sub-contractor at lower tier to confirm that such sub-contractor has received
reimbursement of mandatory contributions and has paid his Site Personnel the
contributions in the preceding quarter.

* Delete as appropriate.

Chapter 5 (Rev. 1) 175

Project Administration Handbook for Civil Engineering Works

Particular Specification

SECTION X

PAYMENT OF WAGES OF THE SITE PERSONNEL

GENERAL

Go to Table of Content
General X.1 (1) The Contractor shall ensure prompt payment of full wages
to all the Site Personnel employed by him and shall use all
reasonable endeavours to have his sub-contractors of all
tiers to effect prompt payment of wages to all the Site
Personnel employed by them for the execution of the
Works in accordance with the Employment Ordinance.

(2) The Contractor shall include provisions in the contracts

with his sub-contractors requiring the implementation of the
system of payment of wages to the Site Personnel under the

>>>
provisions of Section X of this Particular Specification.

(3) For the purposes of Section X of this Particular

Go to Table of Content
Specification, “bank” shall be an authorized institution
within the meaning of Section 2 of the Banking Ordinance
(Cap 155).

EMPLOYMENT OF THE SITE PERSONNEL

Written X.2 (1) Unless written employment contracts are already in place,
employment the Contractor and his sub-contractors of all tiers shall
[have] enter into written employment contracts with all

>>>
agreements
the Site Personnel under their respective employments.
The terms of the employment contract shall not be less
favourable to the terms provided in the specimen

Go to Table of Conten
employment contract (which may as necessary be revised
by the Engineer from time to time) given in Appendix [#] to
the Special Conditions of Contract. The Contractor shall
not allow any Site Personnel without a properly executed
written employment contract to work on the Site.

(2) A certified true copy of the written employment contract of

each Site Personnel shall be made available to the Engineer
or the Engineer’s Representative for inspection if so
requested by the Engineer or the Engineer’s Representative.

(3) Any Site Personnel without a proper written employment

contract with either the Contractor or his sub-contractor
shall not be permitted or caused to be permitted to enter to
or remain in the Site.

Chapter 5 (Rev. 1) 176

Project Administration Handbook for Civil Engineering Works

(4) The Contractor shall advise and ensure his sub-contractors

of all tiers to advise all the Site Personnel under their
respective employments that a copy of their respective
written employment contracts would be made available to
the *Engineer or the Engineer’s Representative for
inspection if so requested by the *Engineer or the
*Engineer’s Representative and that the personal data
provided by means of the respective employment contracts
will be used for the purposes and may be transferred to the

Go to Table of Content
transferees as listed out in the “Notes about Personal Data”
to the specimen employment contract given in Appendix [#]
to the Special Conditions of Contract.

Personal X.3 (1) In accordance with SCC[zz], the Contractor shall ensure
Accident that self-employed workers working on the Site shall each
Insurance of be covered by a personal accident insurance at a minimum
self-employed coverage of HK$1,000,000. The Contractor shall not
workers allow any self-employed worker without a valid personal
accident insurance to work on the Site.

>>>
(2) The Contractor shall keep a certified true copy of the
personal accident insurance of each self-employed worker

Go to Table of Content
on Site and shall be made available to the Engineer or the
Engineer’s Representative for inspection if so requested by
the Engineer or the Engineer’s Representative.

(3) Any self-employed workers without a proper personal

accident insurance shall not be permitted or caused to be
permitted to enter to or remain in the Site.

Lorry X.4 (1) Lorry drivers shall be either a Site Personnel of the
Contractor or his sub-contractors, or a self-employed person

>>>
Drivers
with a personal accident insurance cover of not less than
HK$1,000,000 for the execution of the Works.

Go to Table of Conten
Payment of X.5 (1) Subject to sub-clause (3) of this Clause, the Contractor shall
wages by within 14 days from the commencement of the Contract
designated bank submit to the Engineer the name of the designated bank and
accounts or all related arrangement details for payment of wages to all
personal cheques the Site Personnel.

(2) The Contractor shall require all the Site Personnel to open a
wage payment account in the designated bank or in any
other bank of their choice.

(3) Subject to evidence produced to the satisfaction of the

Engineer, Site Personnel not able to open a personal bank
account with any bank in Hong Kong shall have their wages
paid by personal cash cheques with the subject Site
Personnel specified as payee and the cheques shall be
immediately due on presentation. Payment of mandatory

Chapter 5 (Rev. 1) 177

Project Administration Handbook for Civil Engineering Works

provident fund (“MPF”) contributions for the subject Site

Personnel shall be made by bank transfers in accordance
with Particular Specification X.7 and X.8. Copies of the
following documents shall be submitted to the Engineer for
records:
(i) signed acknowledgement of receipt of wage
payment from the subject Site Personnel;
(ii) the cheque; and

Go to Table of Content
(iii) the certified true copy of the bank statement
showing the cash withdrawal.
The above copies of the documents shall be submitted as
soon as they are available and in any event items (i) and
(ii) shall be submitted no later than 7 days from the date
when payment is due for the subject Site Personnel.

SMART-CARD RECORDS

>>>
Smart-card X.6 (1) The Contractor shall provide and operate an attendance
system recording system comprising smart-card cum biometric

Go to Table of Content
authentication (hereinafter refer to as “the system”) to
record and verify the information of all the Site Personnel
entering and leaving the Site. The system shall be in
operation within 1 month from the commencement of the
Contract. Prior to the operation of the system or in the
case of breakdown of the system or subject to the approval
of the Engineer, the Contractor shall use log books to
record the time of entry and departure of all Site Personnel
and self-employed workers in and out of the Site.
Temporary cards for identification shall be used by all Site

>>>
Personnel prior to the availability of the system and during
the breakdown of the system. All temporary cards shall
contain the information set out in sub-clause (4) of this

Go to Table of Conten
Clause. Subject to Sub-clause (7) of this Clause, no
person is allowed to work on the Site without a smart-card.
All visitors shall be issued a visitor card for identification.

(2) The Contractor shall engage a specialist provider to design,

provide and train his personnel to operate the system. The
Contractor shall within 7 days of commencement of the
Contract, submit to the Engineer the details of the system
and the name and details of the specialist provider for the
Engineer’s approval.

(3) The system shall adopt a non-contact type card (the

“smart-card”) complying with ISO 14443 with sufficient
memory to store data as required in this PS Clause. The
chip inside the smart-card shall comply with ISO 14443A.
The biometric authentication shall utilize field-proven hand

Chapter 5 (Rev. 1) 178

Project Administration Handbook for Civil Engineering Works

geometry technology that maps and verifies the size and

shape of a person’s hand in less than one second or other
biometric authentication technology with equivalent
performance. The smart-card shall be compatible with the
registration cards issued by the Registrar of Construction
Workers appointed under the Construction Workers
Registration Ordinance (Cap. 583) to registered
construction workers. The system’s card readers shall be
compatible with the smart-card and shall be complete with

Go to Table of Content
a security access module (SAM) for cryptographic security
slot. The SAM will be provided by the Construction
Workers Registration Authority.

(4) The smart-card shall have the following information of the

Site Personnel printed in durable print on its face:
(a) Name of worker in Chinese and English;
(b) Name of employer in Chinese and English;
(c) Trade;

>>>
(d) Photograph of worker;
(e) Contract No. and Contract Title;

Go to Table of Content
(f) Expiry date; and
(g) Other information agreed by the Engineer.

(5) The smart-card shall contain sufficient encrypted

information for identification of the card holder and access
to the master data bank of the system.

(6) The Contractor is responsible for the issue of the

smart-cards to each Site Personnel and self employed

>>>
worker and for registering their details to the system.

(7) If a Site Personnel or a self employed worker is issued a

Go to Table of Conten
registration card by the Registrar of the Construction
Workers pursuant to the Construction Workers Registration
Ordinance (Cap. 583) the card so issued is permitted to be
used in lieu of the smart-card required under this Section.

(8) The Contractor shall install sufficient number of the

system’s card readers at convenient locations with shelters
within the Site to facilitate day-to-day recording. The
exact locations shall be submitted for agreement by the
Engineer. The readers shall be connected to a secured
computer so that the Site Personnel can record their signing
in and out of the Site. Separate smart card readers with
clear labels indicating “IN” and “OUT’ shall be provided
for the purpose. Alternatively the system may assign the
time of recording as “IN” and “OUT” automatically. The
secured computer shall be loaded with appropriate software

Chapter 5 (Rev. 1) 179

Project Administration Handbook for Civil Engineering Works

for recording the data retrieved from the system and the
time of signing in and out of each worker. The Contractor
shall provide X # number of portable pocket personal
computer, which can be synchronized with the master
system data bank and is capable of recording, verifying and
updating the information of the Site Personnel and self
employed workers for the use of the Engineer. The
Contractor’s portable pocket personal computer shall be
approved by the Engineer and the equipment shall be

Go to Table of Content
securely kept by a designated staff. The Contractor shall
provide a full time staff to man the operation of the
system’s readers at each of the locations.

(9) The system’s card readers, once commissioned, shall be in

operation at all times and shall be replaced in the first
instance in the event of breakdowns, repairs or regular
maintenance. The Contractor may, subject to the approval
of the Engineer, dismantle and remove all system card
readers installed on Site two months following the issue of

>>>
the last certificate of completion under GCC Clause 53.
The system card readers once dismantled under this
sub-clause shall be removed off Site and shall become the

Go to Table of Content
Contractor’s property.

PAYMENT OF WAGES

Schedule of X.7 (1) The Contractor shall compile daily records of the Site
Wages and Personnel working on the Site based on the data collected
MPF by the smart-card system or log books kept by the
Contributions Contractor. The Contractor shall verify the data of all the
Site Personnel employed or engaged by him. The

>>>
Contractor shall prepare separate daily records for each
sub-contractor and distribute to these sub-contractors the
records of the Site Personnel employed or engaged by them
Go to Table of Conten
for verification. A copy of all the verified data and daily
records shall be submitted to the Engineer on a daily basis.

(2) The Contractor shall prepare a schedule of wages of all the

Site Personnel employed or engaged by him and the
corresponding mandatory provident fund (“MPF”)
contributions based on the verified data from the smart-card
system or log books kept by the Contractor. A copy of
such schedule shall be submitted to the Engineer for each
payment cycle.

(3) The Contractor shall require his sub-contractors, of all tiers,

to prepare the respective schedules of wages of the Site
Personnel employed or engaged by them and the

#
Normally one for the ER and one for the LRO, a total of two.

Chapter 5 (Rev. 1) 180

Project Administration Handbook for Civil Engineering Works

corresponding MPF contributions based on the verified data

from the smart-card system or log books kept by the
Contractor. A copy of these schedules shall be made
available to the Engineer for each payment cycle.

Payment of X.8 (1) In accordance with the scheduled payment date stated in the
Wages and employment contract, the Contractor shall ensure that
MPF sufficient funds have been reserved in the designated bank
Contributions account for the payment of all wages and MPF

Go to Table of Content
contributions as given on the verified schedules for the
subject payment cycle and shall promptly instruct the
designated bank to effect the payment to the respective
wage payment accounts and the respective MPF
contribution accounts of all his Site Personnel. The
Contractor shall forward a certified true copy of the
instruction records to the Engineer.

(2) The Contractor shall ensure that his sub-contractors, of all

tiers, have sufficient funds available in the respective

>>>
designated bank accounts for the payment of the wages and
MPF contributions to their respective Site Personnel as
given on the verified schedule on the scheduled payment

Go to Table of Content
date stated in the employment contracts for the subject
payment cycle and to ensure that his sub-contractors shall
promptly instruct the designated bank to effect the payment
to the wage payment accounts and the respective MPF
contribution accounts of all their Site Personnel. The
Contractor shall ensure that certified true copies of the
instruction records are made available to the Engineer.

(3) A flow chart illustrating the payment arrangements is in

Appendix [#] to this Particular Specification.

>>>
MONITORING OF PAYMENT OF WAGES

Contractor’s Y.1 (1) Within 7 days of the commencement of the Contract, the Go to Table of Conten
Labour Officer Contractor shall nominate a staff responsible for full time
on-site monitoring the payment of wages and MPF
contributions to all the Site Personnel for the approval of
the Engineer. The nominated staff when approved shall
provide all necessary assistance to the Labour Relations
Officer in the monitoring process and in the handling of
complaints on arrears of wages and MPF contributions
raised by any Site Personnel. The staff nominated by the
Contractor shall be referred to as the Contractor’s Labour
Officer.

(2) The Contractor’s Labour Officer shall be a suitably

qualified person with the following minimum
qualifications: -

Chapter 5 (Rev. 1) 181

Project Administration Handbook for Civil Engineering Works

(a) attaining five subjects at grade ‘E’ or above in the

Hong Kong Certificate of Education Examination
(HKCEE) (including Chinese, English (Syllabus B)
and Mathematics) or equivalent; and
(b) full-time working experience on personnel
management or human resources related duties and
good job records; and

Go to Table of Content
(c) good command of both oral and written English and
Chinese; and

(d) good computer knowledge preferably with past

experience on the operation of a computerized
smart-card system; and

(e) preferably have completed a post secondary

certificate programme on human resources or

>>>
personnel management.

(3) The Engineer shall have the power to withdraw his

Go to Table of Content
approval of the Contractor’s Labour Officer at any time.
If such approval shall be withdrawn the Contractor shall,
after receiving notice in writing of such withdrawal, remove
the Contractor’s Labour Officer from the Site forthwith and
shall replace him by another Contractor’s Labour Officer
approved by the Engineer.

Labour Relations Y.2 (1) The Contractor shall provide a suitably qualified staff, or a
Officer number of such staff pursuant to sub-clause (6) of this
Clause, approved by the Engineer to be responsible for the

>>>
monitoring of the payment of wages and MPF contributions
of all the Site Personnel and handling of complaints on
wages arrears raised by the Site Personnel. This staff will

Go to Table of Conten
be referred to as the “Labour Relations Officer” (LRO).
The Contractor shall strictly follow the requirements and
procedures set out in Appendix [##] to this Particular
Specification for the employment of the LRO. The LRO
shall work independent of the Contractor or subcontractors.
The LRO shall be accommodated in the Engineer
Representative’s office on the Site and shall work under the
direct instructions and supervision of the Engineer or his
representative. The LRO shall report directly to the
Engineer’s Representative. The Contractor shall not
terminate the service of the approved LRO without the
agreement from the Engineer. The LRO shall be required
to have the minimum qualifications stated in Clause Y.1(2)
of this Particular Specification.

(2) Within 14 days of commencement of the Contract, or, as

the case may be, within 14 days after being notified by the

Chapter 5 (Rev. 1) 182

Project Administration Handbook for Civil Engineering Works

Engineer of his disapproval of employment of any person

as LRO under Clause Y.2(3) below, the Contractor shall
submit for approval of the Engineer the name and
particulars of the person they intend to employ as the LRO
together with the proposed terms of employment. The
Contractor shall furnish further information within 7 days
pertinent to the employment of such person if required by
the Engineer.

Go to Table of Content
(3) The Engineer shall have the authority at any time to
disapprove the employment of any person who is to be
employed, or who has already been employed by the
Contractor as the LRO if, in the opinion of the Engineer,
the person

(i) does not meet the minimum qualifications and/or

experience requirements stipulated in this Contract; or

(ii) misconducts himself/herself or is incompetent or

>>>
negligent in the performance of his/her duties; or

(iii) whose employment is otherwise considered by the

Go to Table of Content
Engineer to be undesirable.

The Engineer shall state the reasons for the disapproval but
the Contractor shall not disclose these to any person unless
with the prior written approval of the Engineer.

(4) In the event of the Engineer exercising disapproval under

Clause Y.2(3), the person, if not already employed, shall
not be employed, and that person, if already employed,
shall have his/her employment as LRO curtailed by the

>>>
Contractor.

(5) The responsibilities of the Contractor in connection with the

Go to Table of Conten
LRO shall not be affected irrespective of whether or not the
Engineer disapproves employment of any person as LRO
under Clause Y.2(3). However the Employer will bear the
cost incurred by the Contractor as a result of the
disapproval, if the Engineer exercising disapproval under
Clause Y.2(3) does not result from the default of the
Contractor in fulfilling its duties under this Contract.

(6) The Contractor shall afford all necessary assistance to the

LRO in connection with the discharge of his duties which
shall include but not necessarily limited to the following:
(i) to act as a one-point contact for the Site Personnel on
Site on any enquiries in relation to employment
matters;
(ii) to conduct briefing sessions to inform and to educate

Chapter 5 (Rev. 1) 183

Project Administration Handbook for Civil Engineering Works

the Site Personnel the benefits of the wage payment

control measures being implemented under the
Contract, in particular the workers’ obligations to
report wage arrears;
(iii) to conduct regular site visits to promote the
monitoring system and to establish contacts with Site
Personnel to obtain feedback;
(iv) to monitor payment of wages and MPF contributions

Go to Table of Content
to assess whether they are made timely by the
Contractors and all subcontractors.
(v) to oversee the setting up and maintenance of a record
system on employment contracts, workers
attendance, re-deployment, and wage payments.
(vi) to undertake regular physical checks to verify the
accuracy and reliability of the records and to identify
irregularities, if any, for early intervention.

>>>
(vii) to establish a simple and user-friendly complaint
system, including the operation of a telephone hotline
to receive enquiries from Site Personnel on

Go to Table of Content
employment matters and to receive reports on wage
defaults.
(viii) to alert the Engineer’s Representative of anomalies
and to refer the same to the Contractor for
investigation and appropriate follow-up actions.
(ix) to refer report to the Engineer’s* Representative and
the Labour Department complaints on wage arrears as
soon as they are received and to provide necessary

>>>
assistance to Labour Department to facilitate
investigation and/or dispute resolution where
appropriate.

Go to Table of Conten
(x) to carry out random attendance checks, and to record
and report the findings to the Engineer’s
Representative.

(7) The LRO shall have the authority to check and verify the
proper operation of the smart-card system, the records of
the system and the records of instructions of payment of
the wages and MPF contributions. The Contractor shall
provide copies of daily records and instruction records to
and assist the LRO in the preparation of the monthly report
on payment of the wages and MPF contributions and the
smart-card records to the Engineer based on the daily
records and instruction records submitted by the Contractor.

(8) The Contractor shall display necessary information on the

contact details of the LRO by erecting notices on the Site at

Chapter 5 (Rev. 1) 184

Project Administration Handbook for Civil Engineering Works

prominent locations.

(9) The Contractor shall establish and maintain a separate

telephone line in the Engineer’s site office to be used as a
hotline for Site Personnel to report matters of wage disputes
to the LRO.

(10) The Contractor may be required to provide more than one

LRO upon written instruction from the Engineer.

Go to Table of Content
(11) The Engineer shall have the authority to order the removal
and replacement of the LRO.

Providing Access Y.3 (1) Notwithstanding any other provisions under the Contract,
and Assistance to from time to time representatives from established local
Visitors labour unions and contractors associations may visit the
Site to make propaganda for the wage payment arrangement
and monitoring process for wage payment under this
Contract to the Site Personnel. These representatives may

>>>
interview the Contractor’s Labour Officer and the LRO to
ascertain whether there are any difficulties with the
monitoring process and offer their assistance where

Go to Table of Content
necessary.

(2) Upon notification from the Engineer, the Contractor shall

provide access and all necessary assistance to these
representatives visiting the Site for the said purposes.

(3) The Contractor shall ensure that his Contractor’s all risk
and third party liability insurance policies are extended to
cover these visitors.

>>>
CASUAL WORKERS

Go to Table of Conten
Casual workers Z.1 (1) “Casual Workers” are those Site Personnel who are
expected to work on Site no more than an aggregated total
of 7 working days throughout the duration of the Contract
period. The provisions under PS X.2, PS X.5, PS X.7 and
PS X.8 shall not apply to Casual Workers. Casual
Workers are required to be issued a temporary smart-card
and follow the attendance recording system in accordance
with PS X.6. Casual Workers will be subject to the full
provisions of Section X of this Particular Specification if
they are required to work on site in excess of an aggregated
total of 7 working days throughout the duration of the
Contract period (“7-day restriction”).

(2) Wages for the Casual Workers are to be paid daily by

personal cash cheques with the subject Casual Worker
specified as payee and the cheques shall be immediately due

Chapter 5 (Rev. 1) 185

Project Administration Handbook for Civil Engineering Works

on presentation. The subject Casual Worker shall be

required to sign a receipt of acknowledgement of each
payment.

(3) Copies of the following documents shall be submitted to the

Engineer for records:
(i) signed acknowledgement of receipt of wage
payment from the subject Casual Worker;

Go to Table of Content
(ii) the cheque; and
(iii) the certified true copy of the bank statement
showing the cash withdrawal.
Copies of (i) and (ii) above shall be submitted the day
immediately following the subject payday referred to in
sub-clause (2) of this Clause. Copies of (iii) above shall
be submitted as soon as they are available.

(4) The 7-day restriction under sub-clause (1) of this Clause

>>>
may be relaxed subject to prior approval in writing from the
Engineer if the Engineer is satisfied that there are
reasonable grounds for not complying with the full

Go to Table of Content
requirements under Section X of this Particular
Specification for the subject Casual Worker.

* “Engineer’ shall be replaced by ‘Architect’ as appropriate.

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 186

Project Administration Handbook for Civil Engineering Works 2012 Edition

Appendix
Appendix [#]
[#] to
to
Workers Payment Arrangements Particular Specification

Go to Table of Content
Particular Specification

>>>
Go to Table of Content
>>>
Go to Table of Conten
Chapter 5 (Rev. 1) 5.187
Project Administration Handbook for Civil Engineering Works 2012 Edition

Appendix [##] to
Particular Specification

Appendix [] on the employment of Labour Relations Officer

1. The Contractor shall make their own arrangement to employ person to fill the post on
the Labour Relations Officer (LRO) who meets the minimum qualification and
experience requirements and are competent to carry out the respective duties stipulated
in the Contract. The Contractor shall when entering into employment contract with the

Go to Table of Content
LRO incorporate in such employment contract the requirements on ethical commitments
in SCC[?]# and on confidentiality of information in SCC[??]#; and provisions set out in
paragraphs 4, 5 and 6 of this Appendix. It is the Contractor’s responsibility to verify
the qualifications of individual candidates to ascertain if they meet, or their
qualifications are equivalent to, the required qualifications for the appointment. Any
cost incurred in the process of such verification should be borne by the Contractor.

2. The Contractor shall at no additional cost to the Employer make proper arrangements
when LRO is on leave, including sick leave or vacation leave, or for any reasons absent
from duties, to ensure that his/her duty is in no way affected by such leave.

>>>
Notwithstanding the foregoing, if the LRO is on maternity leave or prolonged sick leave,
with agreement between the Engineer and the Contractor, a temporary staff with
equivalent qualifications and experience could be employed to take up the duties of the

Go to Table of Content
LRO for the period concerned. The Contractor shall be reimbursed the cost for
employing such temporary staff in the same manner as for the LRO.

3. The employment terms of LRO shall not exceed those stipulated in the ANNEX. The
Contractor shall seek the Engineer’s approval on the salary, end-of-contract gratuity,
annual rate of vacation leave, working period, overtime allowance, medical and dental
care allowance and all other fringe benefits before entering or renewing or extending
employment contract with the LRO. Any such approval by the Engineer shall take
precedence over any other figure, rate or adjustment method specified in the relevant
clauses of the Contract for employing the LRO.

>>>
4. The LRO shall not be entitled to end-of-contract gratuity if he fails to complete the
contract.

5. The Engineer shall have the authority to adjust the salary, end-of-contract gratuity, Go to Table of Conten
annual rate of vacation leave, working period, overtime allowance, medical and dental
care allowance and all other fringe benefits of the LRO by making reference to the
prevailing Government practices in respect of employment of staff.

6. The salary of the LRO shall be adjusted in line with adjustment in the Government pay
scales, which can be upwards or downwards. In case the adjustment is announced in
the middle of a financial year, and the adjustment is applied with retrospective effect
from the beginning of the financial year, the same shall be applied to determine the
reimbursement for the salary of LRO. The Contractor is advised to include in the

#
SCCs required under ETWB TCW NO. 3/2004 “Ethical Commitment by Consultants and
Contractors”

Chapter 5 (Rev. 1) 5.188

Project Administration Handbook for Civil Engineering Works 2012 Edition

LRO’s employment contracts express provisions for such adjustments. If there is

downward adjustment in the Government pay scales applied with retrospective effect
thus resulting in excess reimbursement to the Contractor, then the excess shall be
recovered as a debt from the Contractor through deduction from subsequent
reimbursement, or where it is not sufficient for the purpose of such deduction, from
monies due to the Contractor under this Contract or any other contracts between the
Employer and the Contractor.

7. “LRO new recruits” are those who are not serving LROs. The starting salary of LRO

Go to Table of Content
new recruits shall normally be the minimum salary point of the pay scale as shown in the
ANNEX. Subject to agreement of the Employer, incremental credit for experience
(ICE) may be granted for LRO new recruits. “Serving LROs” means those who are
being employed by contractors in serving as LROs under public works contracts which
are managed by works departments, or those who change employment with a break in
service not exceeding a consecutive period of 12 months immediately before the
follow-on employment as LROs by the contractors. For the avoidance of doubt, a LRO
employed by contractors under public works contracts not being paid under this direct
reimbursement system is not classified as a serving LRO.

>>>
8. Entry pay of a serving LRO shall be the salary point of the last month of his most recent
employment as LRO by contractors under public works contracts being managed by
works departments.

Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 5.189

Project Administration Handbook for Civil Engineering Works 2012 Edition

Employment Terms of Labour Relations Officer ANNEX

(Direct employed by Contractor)

Aspects Terms
1. Basic Salary (i) Pay scale: MPS 3 (minimum) – MPS 15 (maximum)
Subject to agreement of the Employer, incremental
credit for relevant experience may be granted.
(ii) One incremental point for one complete year of

Go to Table of Content
services

2. Working Periods (i) Working days in a week – 5 1/2 days

(ii) Hours of duty in a week – 44 hours gross (i.e.
including lunch break)
(iii)Normal hours of attendance:-
Mon-Fri: 9:00-17:00
Saturday: 9:00-13:00
(iv)Leave on General Holiday

>>>
3. End-of-contract (i) End-of-contract gratuity – 5% of basic salary
gratuity and Mandatory (ii) Employer’s contribution to MPF – 5% of LRO’s
Provident Fund relevant income as defined under Cap 485 or at

Go to Table of Content
(“MPF”) $1,250 per month 1, whichever is the lesser

4. Hourly rate of overtime (i) Basic salary for the month divided by 140 for the
allowance first 150 hours of overtime for a calendar month
(however, the hourly rate in respect of first four
hours overtime in any week for which an allowance
may be claimed is 1/210 of the basic salary of the
month); and
(ii) Basic salary for the month divided by 210 for his/her
overtime exceeding 150 hours for the calendar

>>>
month.

5 Reimbursement of Not exceeding $15,000 per calendar year.

Go to Table of Conten
Medical and Dental
Care
(including dependent
family members i.e.
spouse and children)

6. Vacation Leave (i) MPS 3 - 13: Not exceeding 14 days per year
(ii) MPS 14 - 15: Not exceeding 18 days per year

1
This amount refers to the prevailing maximum mandatory contributions as calculated according to
the prescribed percentage as specified in section 7C(3) of MPFSO (Cap 485) times the maximum
level of relevant income as stipulated under 1(a) of Schedule 3 of the MPFSO. As the Legislative
Council has passed the amendment of the maximum level of relevant income for MPF mandatory
contributions, effective 1 June 2012, the maximum contributions have been as from 1 June 2012
adjusted from $1,000 to $1,250 monthly accordingly.

Chapter 5 (Rev. 1) 5.190

Project Administration Handbook for Civil Engineering Works 2012 Edition

Aspects Terms
7. Requirement of Sick Any sick leave in excess of one day shall be endorsed by
Leave Certificate(s) a medical certificate signed by a registered medical
practitioner, a registered dentist or a registered Chinese
medicine practitioner.

Go to Table of Content
>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 5.191

Project Administration Handbook for Civil Engineering Works 2012 Edition

Particular Preamble to amend the Standard Method of Measurement to Introduce the “Pay for
Monitoring Payment of Wages”

Section (XX) – Monitoring Payment of Wages

IMPLEMENTATION OF MONITORING PAYMENT OF WAGES

MONITORING PAYMENT OF WAGES

Go to Table of Content
Units xx.01 The units of measurement shall be :

(i) establishing monitoring system for payment of

wages …………………...………………….. item.
(ii) operating monitoring system for payment of
wages …….……...………………………… month.
(iii) providing Contractor’s Labour Officer…….. month.
(iv) Provisional Sum for reimbursement of Contractor’s actual payment

>>>
in providing Labour Relations Officers … Sum.
(v) Provisional Sum for Contractor’s associated expenses in providing

Go to Table of Content
Labour Relations Officers ………... Sum.

Measurement xx.02 The items for “operating monitoring system for payment of
wages” shall be measured commencing from the date of approval
by the *Architect/Engineer/Supervising Officer/Maintenance
Surveyor of completion of establishment of monitoring system
for payment of wages and the item for “providing Contractor’s
Labour Officer” shall commence from the date the Contractor’s
Labour Officer provided by the Contractor is approved by the

>>>
Engineer/Architect and reports duty on Site. These items shall
not be measured:

Go to Table of Conten
(i) where the Works are not divided into Sections, between

(a) the end of the prescribed time or extended time for

completion of the Works/Works except Establishment
Works and Aftercare to Old and Valuable Trees due
to extension of time which has been granted by the
Engineer to the Contractor under sub-clauses
(1)(b)(iii), (iv), (vi), (vii) and (viii) of GCC Clause 50;
and

(b) the date of completion of the Works/Works except

Establishment Works and Aftercare to Old and
Valuable Trees certified by the Engineer in
accordance with GCC Clause 53.

For the purpose of calculating the extended time for

completion of the Works due to extension of time granted

Chapter 5 (Rev. 1) 5.192

Project Administration Handbook for Civil Engineering Works 2012 Edition

by the Engineer under sub-clauses (1)(b)(iii), (iv), (vi),

(vii) and (viii) of GCC Clause 50, the periods of extended
time for completion granted under sub-clauses (1)(b)(iii),
(iv), (vi), (vii) and (viii) of GCC Clause 50 shall be
summed and added to the end of the prescribed time for
completion of the Works;

(ii) where the Works are divided into Sections, between

Go to Table of Content
(a) the end of the prescribed time or extended time for
completion of the Section of the Works (excluding the
Sections for Establishment Works and Aftercare for
Old and Valuable Trees) due to extension of time
which has been granted by the Engineer to the
Contractor under sub-clauses (1)(b)(iii), (iv), (vi), (vii)
and (viii) of GCC Clause 50, which happens to be the
latest in time (for the purpose of calculating the
extended time for completion of each Section of the
Works due to extension of time granted by the

>>>
Engineer under sub-clauses (1)(b)(iii), (iv), (vi), (vii)
and (viii) of GCC Clause 50, the periods of extended
time for completion granted under sub-clauses

Go to Table of Content
(1)(b)(iii), (iv), (vi), (vii) and (viii) of GCC Clause 50
for that Section of the Works shall be summed and
added to the end of the prescribed time for completion
of that Section of the Works); and

(b) the date of completion of whichever Section of the

Works (excluding the Sections for Establishment
Works and Aftercare for Old and Valuable Trees)
certified by the Engineer in accordance with GCC
Clause 53 which happens to be the latest in time;

>>>
(iii) after the expiry of the Maintenance Period (or where there
is more than one such Maintenance Period, after the

Go to Table of Conten
expiry of the last Maintenance Period other than the
Maintenance Periods for Establishment Works and
Aftercare for Old and Valuable Trees) where services are
required as a consequence of the default of the Contractor.

Chapter 5 (Rev. 1) 5.193

Project Administration Handbook for Civil Engineering Works 2012 Edition

xx.03 No measurement and no payment shall be made for the item

“operating monitoring system for payment of wages” for the
period during which there is any incident of breakdowns, repairs
or maintenance without proper replacement in place at the first
instance or for the period where there is any incident of non
compliance with respect to the submission of documents and
records in accordance with Particular Specification Section X and
payment for the item shall therefore be measured on a pro rata
basis.

Go to Table of Content
Itemisation xx.04 Separate items shall be provided for the monitoring system for
payment of wages in accordance with General Principles
paragraphs 3 and 4 and the following :

Group Feature

I 1. establishing monitoring system for payment of

wages

>>>
2. operating monitoring system for payment of
wages
3. providing Contractor’s Labour Officer

Go to Table of Content
4. Provisional Sum for reimbursement of
Contractor’s actual payment in providing
Labour Relations Officers
5. Provisional Sum for Contractor’s associated
expenses in providing Labour Relations
Officers

Establishing xx.05 The item for “establishing monitoring system for payment of
wages” shall, in accordance with General Preambles paragraph 2,

>>>
Monitoring System
for Payment of also include :
Wages
(a) preparation of the monitoring system for payment of wages

Go to Table of Conten
to the satisfaction of the *Architect / Engineer / Supervising
Officer / Maintenance Surveyor*;
(b) setting up the monitoring system for payment of wages and
any modifications thereof;
(c) provision for collection and maintenance records of payment
of wages to Site Personnel;
(d) opening of accounts in designated bank for relevant parties as
required in Particular Specification clauses X.5 (1) to (2);
(e) nomination of a Contractor’s Labour Officer as required in
Particular Specification clauseY.1;
(f) setting up the attendance recording system for accurate
attendance records of Site Personnel and any modifications
thereof;
(g) issuing smart-cards to Site Personnel and self-employed

Chapter 5 (Rev. 1) 5.194

Project Administration Handbook for Civil Engineering Works 2012 Edition

workers and temporary cards to visitors;

(h) insurance for the self-employed workers;
(i) establishing a hotline in the Engineer’s site office to receive
enquiries from [workers] [Site Personnel] on employment
matters; and
(j) advising Site Personnel of the monitoring system and the
procedures for reporting wages arrears.

Go to Table of Content
Operating xx.06 The item for the “operating monitoring system for payment of
Monitoring System wages” is given a pre-priced rate. In the event that the rate is
for Payment of insufficient or where there are any aspects where the methods
Wages provided hereunder do not measure any item or exclude the
measurement of any item or part thereof, the difference in value
shall be deemed to have been included in the rates inserted
elsewhere in the Bills of Quantities. In addition, the item shall, in
accordance with General Preambles paragraph 2, also be deemed
to include :

>>>
Item Coverage (a) operating and maintaining the attendance recording system
to obtain accurate attendance records of Site Personnel;
(b) controlling the issue of smart cards to Site Personnel;

Go to Table of Content
(c) reviewing, updating and revising the monitoring system for
payment of wages taking into account the comments made
by the *Architect / Engineer / Supervising Officer /
Maintenance Surveyor or any other parties;
(d) implementing measures to ensure that payments of wages to
Site Personnel are consistent with the records of the
attendance recording system;
(e) compiling, submitting and maintaining records of payment
of wages and other monetary benefits;

>>>
(f) observing all statutory and contractual obligations in
ensuring proper payment of wages and other monetary
benefits to Site Personnel, and any other related obligations,

Go to Table of Conten
liabilities, risks and profit;
(g) providing all necessary assistance to the Labour Relations
Officer in the discharge of his duties, functions and
responsibilities;
(h) maintaining a hotline in the Engineer’s site office;
(i) maintaining insurance for the self employed workers; and
(j) providing access and assistance to visitors as required under
Particular Specification Y.3 including the necessary
insurance coverage.

Providing xx.07 The items for “Providing Contractor’s Labour Officer” shall, in
Contractor’s accordance with General Preambles paragraph 2, include the costs
Labour Officer and expenses of providing the Contractor’s Labour Officers and
supporting staff inclusive and without limitation to the following:

Item Coverage The costs and expenses of providing the Contractor’s Labour

Chapter 5 (Rev. 1) 5.195

Project Administration Handbook for Civil Engineering Works 2012 Edition

Officer and supporting staff inclusive without limitation to the

following:

(a) basic salary;

(b) gratuity;
(c) overtime payment;
(d) sundry allowance;
(e) housing allowance;

Go to Table of Content
(f) travel allowance;
(g) leave allowance;
(h) education allowance;
(i) medical allowance;
(j) dental allowance;
(k) bonus;
(l) contribution to the Mandatory Provident Fund;
(m) all necessary levies, e.g. Construction Industry Training

>>>
authority;
(n) insurances; and

Go to Table of Content
(o) fringe benefits.

Contractor’s xx.08 The item for “Contractor’s associated expenses in providing

associated Labour Relations Officers” shall, in accordance with General
expenses in Preambles paragraph 2, include the costs and expenses incurred in
providing Labour providing Labour Relations Officers inclusive and without
Relations Officers limitation to those incurred for recruitment, employment,
arranging for temporary or permanent replacement, training and
employees’ compensation insurance.

>>>
* Delete as appropriate.

Go to Table of Conten

Chapter 5 (Rev. 1) 5.196

Project Administration Handbook for Civil Engineering Works 2012 Edition

Provisional Sum for MPF contributions by the Contractor and his sub-contractors of all
tiers

(I) For Building/Civil Engineering Contracts - Provisional Sum

Provide for the following sum to be expended

wholly or in part as certified by the
*Architect/Engineer in accordance with SCC[xx]
or wholly deducted from the Contract Sum if not

Go to Table of Content
required:

Reimbursement of Contractor’s and his Sum [3.5% of the total of all the
sub-contractors’ (of all tiers) the amount of tendered Bills of Quantities
employer’s contributions to the Mandatory and the amount is to be
Provident Fund for their respective Site inserted to the grand
Personnel. summary page only] Please
see grand summary page

>>>
Note:

1. The exact percentage can be adjusted to suit the specific nature of the contract provided

Go to Table of Content
that the percentage used is supported by calculations.

2. The tendered Bill total is used and not the estimated contract sum as this maintains
competition in pricing. Please ensure that an item is added to the BQ summary page to
ensure that this will be inserted by the Tenderer. See sample attached.

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 5.197

Project Administration Handbook for Civil Engineering Works 2012 Edition

Contract Bill No. x -

Preliminaries

Item
No. Item Description Quantity Unit Rate ($) # Amount ($)

SECTION x - MONITORING
PAYMENT OF WAGES

Go to Table of Content
Monitoring Payment of Wages

1. Establishing monitoring system for 1 item -

payment of wages

2. Operating monitoring system for ?? mth

payment of wages

>>>
3. Providing Contractor’s Labour ?? mth
Officer

Go to Table of Content
4. Provisional Sum for reimbursement - Sum - §
of Contractor’s actual payment in
providing Labour Relations Officers

5. Provisional Sum for Contractor's § Sum _______%@ *

associated expenses in providing
Labour Relations Officers

>>>
CARRIED TO SUMMARY

Note:

Go to Table of Conten
§ Amount($) of Provisional Sum against item 4 shall be estimated by Works
Department with the following formula :
[current monthly salary at MPS 15 x 1.05 + $15,000/12] x No. of LRO employment
man-months x 1.5
@
The percentage shall be inserted by tenderer

* Amount ($) of Provisional Sum against item 5 shall be calculated according to the
following formula :
§ x the percentage inserted by tenderer against item 5 in the "Rate" column

# The rate in this column is "$" except item 5 which is a percentage

Chapter 5 (Rev. 1) 5.198

Project Administration Handbook for Civil Engineering Works 2012 Edition

THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

………….. DEPARTMENT

CONTRACT NO. ……..

( Title of Contract)

BILL OF QUANTITIES

Go to Table of Content
GRAND SUMMARY

Amount
Page No. Bill No. Description (HK$)
1 Preliminaries

2 …

>>>
3 …

Go to Table of Content
6 Provisional and Prime Cost Sums
(excluding the Provisional Sum for reimbursement of MPF
contributions)

Sub- total
Contingency Sum

>>>
Total of the above
Add 3.5% of the Total above as a Provisional Sum for
reimbursement of MPF contributions)

Go to Table of Conten
Adjustment Item
(*Addition/ *Deduction)
Tender Sum
* Delete where appropriate
Signature of person
authorized to sign on
behalf of tenderer :

Name of tenderer :

Address of tenderer :

Date :

Chapter 5 (Rev. 1) 5.199

Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.16 SPECIMEN EMPLOYMENT CONTRACT

Appendix [#] to
Special Conditions of Contract

Specimen Employment Contract

Please read the notes overleaf and then complete the contract properly before providing photocopies for execution by the

Go to Table of Content
Employer and the Employee.

Please put a  in the appropriate box.

* (Please delete as appropriate.)
**（If the Employee is required to work at the construction site of the Main Contractor who hires
his Employer, details about the Main Contractor must be provided in the supplementary
notes.）
*** (Wages shall be referred to those as defined under section 2 of the Employment Ordinance
(Cap. 57). All remuneration, earnings, allowances, etc. payable to the Employee in respect
of work to be done under this employment contract, including but not limited to, basic

>>>
wages, allowances, overtime pay and bonuses, regardless of their payment being made on a
periodic or milestone basis, shall be stated with details of criteria and calculation of
payment.)

Go to Table of Content
Simplified Employment Contract (No: ）

This contract of employment is entered into between

(hereinafter referred to as ‘Employer’)
(address and telephone number of the Employer) and * Mr / Mrs / Ms
(hereinafter referred to as ‘Employee’) on (Please enter the
date) [on] [with] the terms and conditions of employment set out below :

1. Commencement of Employment Effective from （Please enter the date）

>>>
2. Probation Period □ No / □ Yes * day(s) / month(s)

3. Position Employed 4. Place of Work**

5. Working Hours From hours to hours ( days per week) Go to Table of Conten

6. Wages***
Basic wages $ per * day / month / job

□ Bonus(es) and others

(details of criteria and calculation of payment, if any)

□ Other allowance(s)
(details of criteria and calculation of payment, if any)
Overtime pay □ At the rate of $ ________________________ * per hour / day / job
□ At the rate according to * 1 / 1.5 / 2 times of normal wages

Chapter 5 (Rev. 1) 5.200

Project Administration Handbook for Civil Engineering Works 2012 Edition

Payment of Payment of wages Wage Period(s)

wages &
□ every day each day
Wage period(s)
□ every month on the From the __ day of *the preceding month / the
__ day of the month month to the __ day of *the preceding month /
the month (both dates inclusive)
□ Twice monthly on
(i) the __ day and (i) From the __ day of *the preceding month /

Go to Table of Content
the month to the __ day of *the preceding
month / the month (both dates inclusive)
(ii) the __ day of the (ii) From the __ day of *the preceding month /
month the month to the __ day of the month (both
dates inclusive)

In accordance with the Employment Ordinance, wages shall become due on the expiry of the last
day of the wage period and shall be paid as soon as practicable but in any case not later than 7 days
thereafter.

>>>
7. Termination of A notice period of * day(s) / month(s) or an equivalent
Employment amount of wages in lieu of the notice period.
Contract □ During the probation period of * day(s) / month(s), no

Go to Table of Content
notice or wages in lieu of notice are required whereas a notice period of
* day(s) / month(s) or an equivalent amount of wages for the notice period
is to be given after the first month.

8. Annuity □ No □ Yes: (i) An amount equal to

month’s/months’ *basic / normal wages upon
completion of each * calendar / lunar year.
(ii) Payment is to be made on .

9. Mandatory According to the Mandatory Provident Fund Schemes Ordinance (the

Provident Ordinance), other than exempt persons, the employers must make arrangement

>>>
Fund for employees aged 18 or above and below 65 to join a registered Mandatory
Scheme Provident Fund Scheme (the Scheme). When the employee has been enrolled
in the Scheme, as required under the Ordinance, the employer must deduct from

Go to Table of Conten
the employee’s income as the employee’s mandatory contribution and pay the
employer’s contribution from the employer’s own funds to the Scheme. As
required under the Ordinance, an Employer shall make employer’s
contributions timely to the Scheme for his employee’s benefit.

For the purposes of the Ordinance, ‘casual employees’ refers to relevant

employees who are employed in the catering and construction industries on
a day-to-day basis or for a fixed period of less than 60 days.

The employee *is / is not a casual employee for the purposes of the
Ordinance.

10. Autopay Payment of wages and annuity, if any, are to be made via autopay through the
Employer’s designated bank. The Employee may open an account with the
Employer’s designated bank or any other bank for the purpose of this
[autopay] [Clause].

Chapter 5 (Rev. 1) 5.201

Project Administration Handbook for Civil Engineering Works 2012 Edition

11. Holidays and Under the Employment Ordinance and the Employees’ Compensation
Leave Ordinance, the Employee, if eligible, is entitled to statutory holidays, paid
annual leave, sickness allowance, maternity leave, rest days etc and other
rights or protection.

12. Work Arrangements during Typhoon and Rainstorm

The Employee *is / is not required to work when typhoon signal no.8 or above is issued. The wage
rate is calculated as: __________________________.

Go to Table of Content
The Employee is required to resume duty if the typhoon signal no.8 is cancelled not less than ______
hours before end of working hours.
The Employee *is / is not required to work when black rainstorm warning is issued. The wage rate
is calculated as: _________________________.
The Employee is required to resume duty if the black rainstorm warning is cancelled not less than
______ hours before end of working hours.
For guidance concerning other arrangements, please refer to the ‘Code of Practice in Times of
Typhoons and Rainstorms’ issued by the Labour Department.

13. Others
In the event of wage arrears, the Employee is required to notify and report to the Labour Relations

>>>
Officer on site within 7 working days (excluding Sundays and public holidays) upon the incidence to
safeguard his interests.

Go to Table of Content
This contract in duplicate consists of pages. The Employer and the Employee hereby declare
that they understand thoroughly the above provisions and further agree to sign to abide by such
provisions.
Both Employer and the Employee shall each retain a copy of this contract for future reference.

Chop of the Company（if applicable）

>>>
Signature of Employee Signature of Employer
or Employer’s Representative

Go to Table of Conten
Name : *Name/Position held :

HKID No : HKID No :

Date : Date :

Correspondence : Correspondence :

Address Address

Telephone No : Telephone No :

Chapter 5 (Rev. 1) 5.202

Project Administration Handbook for Civil Engineering Works 2012 Edition

Supplementary Notes
Information of Main Contractor

Name and address of Main Contractor (Please fill in information of the Main Contractor if the
Employee is required to work at the construction site of the Main Contractor who hires his Employer):
(i)

Project name and site:

Go to Table of Content
Project Commencement Date and Project number (if any):
(ii)

Project name and site:____________________________________________________________

Project Commencement Date and Project number (if any):
(iii)

>>>
Project name and site: ___________________________________________________________
Project Commencement Date and Project number (if any):

Go to Table of Content
Notes about Personal Data

Purpose of Collection

(1) The personal data provided by means of this Employment Contract and biometric data of palm
size and shape of the Employee subsequently collected from the Employee for the use of the

>>>
attendance recording system on site will be used for the following purposes:-

(a) regulating fair terms of employment;

Go to Table of Conten
(b) monitoring and controlling payment of wages;
(c) recording and verifying Employee’s attendance records;
(d) providing proper record for compensation for employment-related injury;
(e) ensuring proper Mandatory Provident Fund contribution;
(f) providing proper record for compensation for termination of this Employment Contract;
and
(g) maintaining proper Employee’s employment records

Classes of Transferees

(2) The personal data provided by means of this Employment Contract may be disclosed to :-

Chapter 5 (Rev. 1) 5.203

Project Administration Handbook for Civil Engineering Works 2012 Edition

(i) Labour Relations Officer(s) on the construction site;

(ii) personnel in relevant Government Bureaux/Departments handling matters in relation to the
above purposes but not limiting to Labour Department and Immigration Department;
(iii) Mandatory Provident Fund Schemes Authority;
(iv) Approved trustees by Mandatory Provident Fund Schemes Authority
(v) the smart-card supplier and the officers in operation of the smart-card system for
maintaining an attendance recording system on site;

Go to Table of Content
(vi) the Employer of the Project;
(vii) the Engineer/Architect appointed by the Employer of the Project and the
Engineer/Architect’s Representatives and
(viii) the Main Contractor and the major sub-contractors of the Project

for the purposes mentioned in paragraph (1) above.

Consequences

>>>
(3) The collection of the aforementioned personal data is obligatory and will be used for the
purposes mentioned in paragraph (1) above. The consequences of the Employee’s failure to provide

Go to Table of Content
the data may result in the Employee’s rights being prejudiced in any future employment disputes with
the Employer and that the Employee’s access to the construction site may be denied.

Access to Personal Data and Enquiries

(4) Under the Personal Data (Privacy) Ordinance, Employees have the right to request access to or
correction of the personal data provided to the Employer. Employees can contact

>>>
(Name and Address)

Go to Table of Conten

Chapter 5 (Rev. 1) 5.204

Project Administration Handbook for Civil Engineering Works 2012 Edition

僱傭合約樣本

請先閱讀合約附註及有關說明並填妥合約後影印，然後由僱傭雙方簽署作實

請在適當的方格內填上號
* (請將不適用者刪去)
** (如僱員在僱主所屬的大判工程地點工作，必須於附註內填寫有關總承判商(大判)的資料)

Go to Table of Content
***（工資應參照僱傭條例（第57章〉第2條的有關釋義。所有付給僱員作為該僱員根據其僱傭
合約所將要做的工作而能以金錢形式表示的所有報酬、收入、津貼等，不論是按時或按工
作里程碑支付，均應註以詳細說明支付條件、計算方法等。此等報酬、收入、津貼等包括
並不限於基本薪金、津貼、超時工作工資和獎金。）

簡易僱傭合約（編號： ）

>>>
本僱傭合約由 （以下簡稱「僱主」）
（「僱主」地址及電話）
與 *先生/ 女士 (以下簡稱「僱員」)於

Go to Table of Content
(請填上日期)訂立，雙方同意遵守下列僱傭條款：

1. 受僱日期 由 起生效（請填上日期）

2. 試用期 □ 無 □ 有，試用期為 * 天/ 月

>>>
3. 受僱職位 4. 工作地點**

5. 工作時間 每天由 時至 時 (每星期 天) Go to Table of Conten

6. 工資***

基本薪金 每 *天/ 月/ 件 $

□ 獎金及其他
(請詳細說明支付條件、計算方法等)

□ 其他津貼
(請詳細說明支付條件、計算方法等)

Chapter 5 (Rev. 1) 5.205

Project Administration Handbook for Civil Engineering Works 2012 Edition

超時工作工資 □ 工資按 * 每小時/每天/每件 $ ________________________ 計算

□ 工資按正常工資 * 1 倍/ 1.5 倍/ 2 倍計算

支付工資及 支付工資 工資期

工資期 □ 每日支付 每日

Go to Table of Content
□ 於每月 日支付 由 *上一個/當月 日起，直至 *上一個/當月
日 (包括首尾兩天)
□ 每月兩次
(i) 於每月 日支付及 (i) 由 *上一個/當月 日起，直至 *上一個/
當月 日 (包括首尾兩天)
(ii) 於每月 日支付 (ii) 由*上一個/當月 日起，直至當月
日 (包括首尾兩天)

>>>
根據《僱傭條例》的規定，工資在工資期最後一天完結時即到期支付，須在切實可行範
圍內盡快支付，但在任何情況下不得遲於工資期屆滿後7天支付。

Go to Table of Content
7. 終止僱傭合約 給予對方通知期為 *天/月，或支付對方相等於通知期工

資的代通知金
□ 試用期為 *天/月，試用期的第壹個月內，無
需給予通知或代通知金，第壹個月後，通知期為 ______ *天/
月，或支付對方相等於通知期的工資

>>>
8. 年終酬金 □ 無 □ 有： (i) 僱員每服務滿壹*公/ 農曆年，可領取______個月

*基本薪金/正常工資

Go to Table of Conten
(ii) 支付日期為

9. 強制性公積金計劃 根據《強制性公積金計劃條例》的規定，除獲豁免人士外，僱主必須

安排18歲或以上至65歲以下的僱員登記成為強制性公積金計劃（簡稱
「強積金計劃」）成員。在僱員登記成為強積金計劃成員後，僱主必
須從僱員入息中扣除法例規定的款額作為僱員的強制性供款部份，及
用其本身的資金向該計劃作出僱主的強制性供款部份，並依照法例的
規定準時為僱員向該計劃供款。

Chapter 5 (Rev. 1) 5.206

Project Administration Handbook for Civil Engineering Works 2012 Edition

就《強制性公積金計劃條例》而言，「臨時僱員」指從事建造業或飲
食業，及受僱於該等行業並由僱主按日僱用或僱用一段少於60日的固
定期間的有關僱員。

就《強制性公積金計劃條例》而言，僱員 *屬/不屬 臨時僱員。

Go to Table of Content
10. 銀行自動轉賬 僱員的所有工資及年終酬金（如有）均由僱主安排在僱主指定銀行直接

自動轉帳。僱員可選擇在僱主的指定銀行開設戶口或其他銀行開設戶口
作自動轉賬用。

11. 假期福利 按《僱傭條例》、《僱員補償條例》，僱員如符合有關規定，可享有法

定假日、有薪年假、疾病津貼、產假和休息日等福利，及其他權益或保

>>>
障。

Go to Table of Content
12. 颱風或暴雨警告下工作安排

當八號或以上風球生效時，僱員*需要/ 無需上班，工資計算方法是：______________________
當八號或以上風球於下班前不少於 ___________ 小時前取消，僱員需要上班。
當黑色暴雨警告生效時，僱員*需要/ 無需上班，工資計算方法是：________________________
當黑色暴雨警告於下班前不少於 ___________ 小時前取消，僱員需要上班。
有關其他安排請參照勞工處刊物「颱風及暴雨警告下的工作守則」為準。

>>>
13. 其他

Go to Table of Conten
為保障僱員的利益，如有任何欠薪的問題，僱員必須在欠薪日起7個工作天內（星期日及公眾假
期除外）向地盤的勞資關係主任滙報及備案。

此合約為一式兩份，共 張紙。僱主及僱員均清楚明白上述各項內容，並同意簽署作實。
雙方須各自保存合約壹份文本作日後參考之用。

公司印鑑（如適用）

僱員簽署 僱主或其代表簽署

Chapter 5 (Rev. 1) 5.207

Project Administration Handbook for Civil Engineering Works 2012 Edition

姓名 ： *姓名/名稱及職位 :

香港身份證號碼 ： 香港身分證號碼 :

日期 : 日期 :

聯絡地址 : 聯絡地址 :

Go to Table of Content
聯絡電話 : 聯絡電話 :

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 5.208

Project Administration Handbook for Civil Engineering Works 2012 Edition

附註
總承判商（大判）資料

總承判商(大判)名稱及地址(如僱員在僱主所屬的大判工程地點工作，請填寫有關大判的資料):
(i)

工程名稱及地點: _______________________________________________________________
工程開展日期及工程編號 (如有): ________________________________________________

Go to Table of Content
(ii)

工程名稱及地點: ____________________________________________________________
工程開展日期及工程編號 (如有):
(iii)

工程名稱及地點: ____________________________________________________________
工程開展日期及工程編號 (如有):

>>>
個人資料的說明

收集目的

Go to Table of Content
(1) 在本僱傭合約內僱員所提供的個人資料，以及其後向僱員收集供出勤記錄
系 統 用 的 其 本 人 生 物 特 徵 資 料 (手 掌 大 小 和 形 狀 )， 將 作 下 列 用 途 ：
(a) 規管公平的僱用條款；
(b) 監察和管制工資的繳付；
(c) 記錄和核實僱員的出勤記錄；
(d) 為工傷賠償提供準確記錄；
(e) 確保妥為繳付強制性公積金供款；
(f) 為終止本僱傭合約而須繳付的賠償提供準確記錄；以及
(g) 備存妥善的僱員就業記錄。

>>>
獲轉交資料的部門和人士

(2) 僱主或會向以下部門和人士披露僱員在本僱傭合約所提供的個人資料： Go to Table of Conten

(i) 駐工地的勞資關係主任；
(ii) 處理與上述用途有關事宜的政府決策局／部門，不限於勞工處和入境事務
處；

(iii) 強制性公積金計劃管理局；
(iv) 獲強制性公積金計劃管理局核准的受託人；
(v) 智能卡供應商和在工地以智能卡系統備存出勤記錄的系統操作人員；
(vi) 工程的僱主；
(vii) 工程的僱主所委派的工程師／建築師和工程師／建築師的代表；以及
(viii) 工程的總承建商和主要分包商。

以 作 上 文 第 (1)段 所 述 的 用 途 。

Chapter 5 (Rev. 1) 5.209

Project Administration Handbook for Civil Engineering Works 2012 Edition

後果

(3) 僱 主 必 須 收 集 上 述 個 人 資 料 ， 有 關 資 料 將 會 作 上 文 第 (1)段 所 述 的 用 途 。 僱
員 如 不 提 供 上 述 資 料，日 後 與 僱 主 發 生 僱 傭 糾 紛 時，其 權 益 可 能 會 受 損 ﹔ 而 僱 員
亦可能會被拒進入工地。

查閱個人資料及查詢

Go to Table of Content
(4) 根 據 《 個 人 資 料 (私 隱 )條 例 》 ， 僱 員 有 權 要 求 查 閱 或 更 改 已 向 僱 主 提 供 的 個
人資料。僱員可聯絡

。
（姓名及地址）

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 5.210

Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.17 STANDARD INSURANCE POLICY FOR THE

SELF-EMPLOYED
Appendix [##] to
Special Conditions of Contract
Policy Number :

Class of Insurance : PERSONAL ACCIDENT

The Insured :

Go to Table of Content
Period of Insurance : From To

Insured Person/Life Insured :

Profession/Occupation :

Class :

Designated Beneficiary :

>>>
Premium :
(This Policy is subject to a minimum premium of HKD400)

Go to Table of Content
Geographical Limits : Hong Kong Special Administrative Region

TABLE OF BENEFITS (PART 1)

1.1.1 BODILY INJURY caused by violent accidental external and visible means which
injury shall within 12 calendar months of its happening solely and independently of
any other cause result in:

A. Death of Insured Person HK$1,000,000.00

>>>
B. Permanent Disablement not followed within 12 calendar months of bodily injury by
death of the insured Person. (The percentages as stated in Table of Benefits (part 2) of

Go to Table of Conten
HK$1,000,000.00

C. Temporary Total Disablement preventing the Insured Person from attending to or

following his usual profession or occupation. Compensation for such disablement at
the rate of not covered per week

D. Medical Expenses reasonably and necessarily incurred by the Insured Person subject
to a limit in respect of Any One Accident of not covered

This Policy is subject to Clause(s) attached hereto:

PA14(a), PA14(b), PA15

Remark: -

Signed at Hong Kong on

For and on behalf of

Chapter 5 (Rev. 1) 5.211

Project Administration Handbook for Civil Engineering Works 2012 Edition

Policy Number :

Class of Insurance : PERSONAL ACCIDENT

CLAUSES

Clauses attached to and forming part of Policy.

Go to Table of Content
(Unless Expressly Mentioned in the Policy Schedule Hereto the Clauses Enumerated Below
Form No Part of the Terms and Conditions of this Policy)

PA14(A) - TERRORISM EXCLUSION CLAUSE FOR CONTAMINATION AND

EXPLOSIVES
It is agreed that, regardless of any contributory causes, this insurance does not cover any loss,
damage, cost or expense directly or indirectly arising out of

>>>
a) biological or chemical contamination
b) missiles, bombs, grenades, explosives

Go to Table of Content
due to any act of terrorism.

For the purpose of this endorsement an act of terrorism means an act, including but not
limited to the use of force or violence and/or the threat thereof, of any person or group(s) of
persons, whether acting alone or on behalf of or in connection with any organization(s) or
government(s), committed for political, religious, ideological, or ethnic purposes or reasons

>>>
including the intention to influence any government and/or to put the public, or any section of
the public, in fear.

Go to Table of Conten
For the purpose of a) "contamination" means the contamination, poisoning, or prevention
and/or limitation of the use of objects due to the effects of chemical and/or biological
substances.

If the Company alleges that by reason of this exclusion, any loss, damage, cost or expense is
not covered by this insurance the burden of proving the contrary shall be upon the Insured.

PA14(b) - WAR AND TERRORISM EXCLUSION

Notwithstanding any provision to the contrary, within this insurance or any endorsement
thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever
name directly or indirectly caused by, resulting from or in connection with any of the

Chapter 5 (Rev. 1) 5.212

Project Administration Handbook for Civil Engineering Works 2012 Edition

following regardless of any other cause or event contributing concurrently or in any other
sequence to the loss;

(1) war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be
declared or not), civil war, rebellion, revolution, insurrection, civil commotion
assuming the proportions of or amounting to an uprising, military or usurped power; or

Go to Table of Content
(2) any act of terrorism.

For the purpose of this endorsement an act of terrorism means an act, including but not
limited to the use of force or violence and/or the threat thereof, of any person or
group(s) of persons, whether acting alone or on behalf of or in connection with any
organization(s) or government(s), committed for political, religious, ideological or
similar purposes including the intention to inf1uence any government and/or to put the
public, or any section of the public, in fear.

>>>
This endorsement also exclude loss, damage, cost or expense of whatsoever nature directly or
indirectly caused by, resulting from or in connection with any action taken in controlling,

Go to Table of Content
preventing, suppressing or in any way relating to (1) and/or (2) above.

If the Company alleges that by reason of this exclusion, any loss, damage, cost or expense is
not covered by this insurance the burden of proving the contrary, shall be upon the Insured.

In the event any portion of this endorsement is found to be invalid or unenforceable, the
remainder shall remain in full force and effect.

>>>
PA15 - MEMORANDUM
It is hereby noted and agreed that this policy does not pay compensation for the Insured

Go to Table of Conten
person or life insured works in a non XYZ Company or non XYZ Company construction
site(s).

(Other Clause(s) please refer to Policy for details.)

Chapter 5 (Rev. 1) 5.213

Project Administration Handbook for Civil Engineering Works 2012 Edition

TABLE OF BENEFITS (PART2)

PERMANENT DISABLEMENT
Percentage of the Sum
Specified in Benefit B of
Description of Disablement Table of Benefits (Part l)
Loss of two limbs 100%
Loss of both hands, or of all fingers and both thumbs 100%
Total loss of sight of both eyes 100%

Go to Table of Content
Total paralysis 100%
Injuries resulting in being permanently bedridden 100%
Any other injury causing permanent total disablement 100%
Loss of arm at shoulder 100%
Loss of arm between shoulder and elbow 100%
Loss of arm at elbow 100%
Loss of arm between elbow and wrist 100%
Loss of hand at wrist 100%
Loss of leg - at hip 100%
between knee and hip 100%

>>>
below knee 100%
Eye: Loss of - whole eye 100%
sight of 100%

Go to Table of Content
sight of, except perception of light 50%
lens of 50%
Loss of four fingers and thumb of one hand 50%
Loss of four fingers 40%
Loss of thumb - both phalanges 25%
one pha1anx 10%
Loss of index finger - three phalanges 10%
two phalanges 8%
one pha1anx 4%
Loss of middle finger - three phalanges 6%

>>>
two phalanges 4%
one phalanx 2%
Loss of ring finger- three phalanges 5%

Go to Table of Conten
two phalanges 4%
one phalanx 2%
Loss of little finger - three phalanges 4%
two phalanges 3%
one phalanx 2%
Loss of metacarpals - first or second (additional) 3%
third, fourth or fifth (additional) 2%
Loss of toes - all 15%
great, both phalanges 5%
great, one phalanx 2%
other than great, if more than one toe
lost, each 1%
Loss of hearing - both ears 75%
one ear 15%
PERSONAL ACCIDENT POLICY

Chapter 5 (Rev. 1) 214

Project Administration Handbook for Civil Engineering Works 2012 Edition

WHEREAS the Insured described in the Schedule hereto following the profession or
occupation stated in the Schedule being desirous of insuring in the manner hereinafter
mentioned with XYZ COMPANY. (hereinafter called “the Company”) has made a proposal
and signed a declaration dated as stated in the Schedule which proposal and declaration it is
agreed shall be the basis of the contract for the Insurance hereby intended to be made and
incorporated herein and has paid to the Company the Premium stated in the Schedule as a
consideration for the Insurance for the period stated therein.

Go to Table of Content
NOW THIS POLICY OF INSURANCE WITNESSETH that if during the Period of
Insurance the Insured Person shall sustain bodily injury caused by violent accidental external
and visible means which injury shall be solely and independently of any other cause result in
the Insured Person’s death or disablement as hereinafter defined or necessitate medical
expenses as hereinafter defined the Company will subject to the terms provisos exclusions
and conditions of and endorsed on this Policy (which terms provisos exclusions and
conditions shall so far as the nature of them respectively will permit be deemed conditions
precedent to the right to recover under this Policy) pay to the Insured or in the event of death

>>>
to the Insured’s legal personal representatives the sum or sums of money specified in the
Tables of Benefits.

Go to Table of Content
DEFINITIONS

(a) “Benefits” means the items of payments and their respective amounts/limits
specified in the Schedule as applicable to each Insured Person for Insurance under
this Policy.

(b) “Insured” means the person so specified in the Schedule in whose name and for

>>>
whose benefit the Policy is issued.

(c) “Insured Person” means the person so specified in the Schedule against whose

Go to Table of Conten
accidental bodily injury the Company subject to the terms and conditions of this
Policy pays the specified Benefits to the Insured.

(d) “Medical Expenses” means the cost of medical surgical or other remedial attention
treatment or appliances given or prescribed by a qualified registered medical
practitioner and all hospital nursing home and ambulance charges.

PROVISOS

(a) Compensation under Benefit A shall not be payable in addition to Benefit B if

caused by the same accident of bodily injury except that if a payment has been made
under any pan of Benefit B and death subsequently occurs solely caused by and
within 12 calendar months of said bodily injury and where the compensation
payable for Benefit A is greater than has been paid under Benefit B, the Company
shall pay the difference.

Chapter 5 (Rev. 1) 215

Project Administration Handbook for Civil Engineering Works 2012 Edition

(b) Permanent total loss of use of member shall be treated as loss of member.

(c) (i) No amount shall be payable for any specific part of Benefit B where a greater
amount is payable for another part of Benefit B which includes the specific part.

(ii) Where any permanent disablement is not as specified in Benefit B Scale, the
Company shall adopt a percentage of Permanent Disablement, which in the sole
opinion of its medical advisers is not inconsistent with the provisions of Benefit B

Go to Table of Content
Scale and without regard to the Insured Person's profession or occupation.

(iii) The aggregate of all Permanent Disablement percentages payable in respect of any
one accident of bodily injury shall not exceed 100%.

(iv) No payment shall be made under Benefit B unless satisfactory proof is provided to
the Company that the disablement of the Insured Person has continued for a period
of l2 consecutive calendar months after the date of bodily injury and will in all
probability continue for the remainder of the Insured Person’s life.

>>>
(d) (i) Compensation under Benefit C shall not be payable for any period of time
subsequent to the death of the Insured Person or subsequent to the Company’s
written notification to the Insured that compensation becomes payable under my

Go to Table of Content
part of Benefit B. Where the Insured and the Company cannot immediately agree
the amount of compensation payable under Benefit B, payment of Benefit C shall
nevertheless cease from the date of such notification.

(ii) Compensation under Benefit C shall not be payable for a longer period than l04
weeks in respect of any one injury calculated from the date the Insured was first
examined by a duly qualified Medical Practitioner.

(e) Compensation under Benefit D shall not be payable if the Insured Person is entitled
to indemnity under any other insurance policy or from any other source provided

>>>
that the Company shall not be relieved of its liability, under Benefit D so far as
concerns any excess beyond the amount payable under such other insurance or
indemnity.

(f) If the Insured Person is missing for not less than 12 consecutive months and Go to Table of Conten
sufficient evidence is provided to the Company that the Insured Person can
reasonably be presumed to have sustained accidental bodily injury resulting in
death, Benefit A shall become payable, provided that if the Insured Person is
subsequently found to be living, such Benefit A payment shall be forthwith
refunded to the Company.

Chapter 5 (Rev. 1) 216

Project Administration Handbook for Civil Engineering Works 2012 Edition

CONDITION

(a) This Policy and the Schedule shall be read together and any word or expression to
which a specific meaning has been attached in any pant of the Policy or of the Schedule
shall bear such meaning wherever it may appear.

(b) No alteration of this Policy will be held valid unless the same is signed or initialed by
an authorized Official or Agent of the Company.

Go to Table of Content
(c) Written notice shall be given to the Company, without unnecessary delay but in any
event within three weeks of the occurrence of the injury, in respect of which a claim is
to be made.

(d) All certificates information and evidence required by the Company shall be furnished at
the expense of the Insured or the Insured’s legal personal representatives and shall be in
such form and of such nature as the Company may prescribe. The Insured as often as
required shall submit to medical examination on behalf of the Company as its own
expense in respect of any alleged bodily injury. The Company shall in the event of the
death of the Insured be entitled to have a post mortem examination at its own expense.

>>>
The Insured shall as soon as possible after the occurrence of any injury obtain and
follow the advice of a duly qualified medical practitioner and the Company shall not be
liable for any consequences arising by reason of the Insured’s failure to obtain or follow

Go to Table of Content
such advice and use such app1ianccs or remedies as may be prescribed.

(e) The Insured shall give notice in writing to the Company of any change in the Insured’s
address or profession or occupation or of the effecting of other insurances except
Coupon against accident disease or sickness and on tendering any premium for the
renewal of this Policy shall give notice in writing to the Company of any sickness
disease physical defect or infirmity with which the Insured has become affected or of
which the Insured has become aware since the payment of the preceding premium.

(f) Any fraud, mis-statement, or concealment either in the proposal on which this insurance

>>>
is based or in relation to any other matter affecting this insurance or in connection with
the making of any claim hereunder shall render this Policy null and void and all claims
hereunder shall be forfeited.

(g) The Company shall not be bound to accept any renewal of this Policy or to send any Go to Table of Conten
notice of the renewal premium becoming due. The Policy shall not be renewable after
the period of Insurance during which the Insured attains the age of sixty-five years.
The Company may at any time give notice to the Insured to terminate this Policy
forthwith without prejudice to the rights of the Insured in respect of prior injury
provided that the Company return to the Insured the then last premium paid by the
Insured less a pro rata part thereof for the period of the year for which the Policy has
been in force. Notice to be given by the Company may be given personally to the
Insured in writing or sent by registered post addressed to the Insured at the Insured’s
last address known to the Company and any such notice shall be deemed to have been
received by the Insured at the time when the same would be delivered in the ordinary
course of post. By like notice to the Company the Insured may at any time cancel this
policy in which case the Company will retain the customary short period rate for the
time the Policy has been in force.

Chapter 5 (Rev. 1) 217

Project Administration Handbook for Civil Engineering Works 2012 Edition

(h) All difference arising out of this Policy shall be referred to the decision of an Arbitrator
to appointed in writing by the parties in difference of if they cannot agree upon a single
Arbitrator to the decision of two Arbitrators one to be appointed in writing by each of
the parties within one calendar month after having been required in writing so to do by
either of the parties or in case the Arbitrators do not agree of an Umpire appointed in
writing by the Arbitrators before entering upon the reference. The Umpire shall sit
with the Arbitrators and preside at their meetings and the making of an Award shall be a
condition precedent to any right of action against the Company. The Company shall
disclaim liability to the Insured for any claim hereunder and such claim shall not within

Go to Table of Content
twelve calendar months from the date of such disclaimer have been referred to
arbitration under the provisions herein contained then the claim shall for all purposes be
deemed to have been abandoned and shall not thereafter be recoverable hereunder

(i) This Policy is subject to the jurisdiction of Hong Kong Special Administrative Region
and is to be construed according to the laws of Hong Kong Special Administrative
Region.

IMPORTANT NOTICE : According to Insurance Policy conditions, the Insured must

immediately notify the Company of any change in the Insured person’s employment,

>>>
occupation, duties or other pursuits which may result in an increased likelihood of being
involved in an accident.

Go to Table of Content
EXCLUSION

This Policy does not pay compensation for:-

(a) INJURY or consequences thereof occasioned by or happening through:-

(i) war, invasion, act of foreign enemy, hostilities (whether war be declared or
not), civil war, rebellion, revolution, insurrection, mutiny, military or usurped
power, riots, strikes, military or popular rising,

>>>
(ii) nuclear weapons material, ionising radiations or contamination by
radioactivity from any nuclear fuel or from any nuclear waste from the

Go to Table of Conten
combustion of nuclear fue1, and for the purpose of this Exclusion (a)(ii)
combustion shall include any self-sustaining process of nuclear fission,
(iii) suicide or attempted suicide, the Insured Person’s own criminal act, intended
self-injury, willful exposure to needless peril except in an attempt to save
human life, pregnancy or childbirth, venereal disease, insanity or Acquired
Immune Deficiency Syndrome (AIDS) or AIDS Related Complex (ARC),
(iv) the Insured Person is under the influence of intoxicating alcohol or drugs
(unless taken according to proper medical prescription and direction and not
for treatment of drug addiction),
(v) acts of terrorism committed by a person or persons acting on behalf of or in
connection with any organization. For the purpose of this Exclusion,
“terrorism” means the use of violence for political ends and includes any use
of violence for the purpose of putting the public or any section of the public in
fear.

Chapter 5 (Rev. 1) 218

Project Administration Handbook for Civil Engineering Works 2012 Edition

(b) INJURY caused by the Insured Person engaging in or practicing for:

(i) parachuting,
(ii) hang gliding,
(iii) hunting,
(iv) ice hockey,
(v) poloplaying,

Go to Table of Content
(iv) winter sports,
(vii) any kind of race (other than on foot or swimming) or trial of speed or
reliability,
(viii) potholing, mountaineering or rock climbing necessitating the use of guides
or ropes,
(ix) underwater activities necessitating the use of compressed air or gas,
(x) motor cycling (as driver or passenger),

>>>
(xi) sports in a professional capacity.

Go to Table of Content
(c) INJURY caused by the Insured Person engaging in service or duty with the Police or
any armed force or Fire Service of any country.

(d) INJURY occurring whilst the Insured Person is traveling in an aircraft.

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 219

Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.18 (NOT USED)

Go to Table of Content
>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 220

Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.19 CONTRACT MEASURES TO LIMIT THE NUMBER OF TIERS

OF SUB-CONTRACTING

NTT# : Limiting the Tiers of Sub-contracting

The Tenderers’attention is drawn to the provisions under Special Conditions of

Contract Clause [X] which impose certain restrictions on sub-contracting.

Special Condition of Contract

Go to Table of Content
SCC [X] – Limiting the Tiers of Sub-contracting

(1) For the purpose of this Clause, the first tier of sub-contracting means the
contracts between the Contractor and his sub-contractors. The second tier
means the sub-contracts between any of the sub-contractors of the first tier and
his sub-contractors. The foregoing shall apply with necessary modifications to
subsequent tiers of sub-contracting.

(2) Notwithstanding General Conditions of Contract Clause 4 on sub-contracting a

>>>
part of the Works and subject to sub-clauses (3) to (5) of this Clause and
compliance with other provisions of the Contract, the sub-contracting of a part
of the Works by the Contractor shall be limited to two tiers of sub-contracting.

Go to Table of Content
(3) Where any part of the Works has been sub-contracted out under sub-clause (2)
of this Clause, the sub-contractor of the first or the second tier of
sub-contracting (as the case may be) may, subject to sub-clause (4) of this
Clause and compliance with other provisions of the Contract, engage in two
additional tiers of sub-contracting with respect to a Relevant Portion of such
part of the Works, except (i) where the Relevant Portion involves work or
services to be carried out in any confined space, or (ii) where the Relevant
Portion involves demolition or scaffolding work [or ]*. For situations as

>>>
stated in (i) or (ii), sub-contracting of the Relevant Portion by the
sub-contractor of the first or the second tier (as the case may be) shall be
limited to one additional tier of sub-contracting.

Go to Table of Conten
(4) Notwithstanding sub-clauses (2) and (3) of this Clause, sub-contracting of any
part of the Works requiring entry of human beings into confined space that
form part of a sewerage or drainage system shall be limited to the first tier of
sub-contracting and further sub-contracting by the first tier sub-contractor
shall not be permitted.

(5) (a) Notwithstanding sub-clauses (3) and (4) of this Clause, the Engineer may
upon request by the Contractor permit the Contractor to introduce an
extra tier of sub-contracting for a part of the Works or a Relevant Portion
which has been sub-contracted out in accordance with the provisions of
the Contract (including without limitation on the foregoing provisions).

(b) The Engineer shall not be obliged to consider a request for an extra tier of
sub-contracting unless the request is made in writing to the Engineer at
least 14 days before the sub-contractor of the relevant tier of
sub-contracting enters into any sub-contract for the extra tier of

Chapter 5 (Rev. 1) 221

Project Administration Handbook for Civil Engineering Works 2012 Edition

sub-contracting and the request is accompanied by an explanation with

supporting evidence on the need for the extra tier of sub-contracting.

(c) A request which has been made in strict compliance with paragraph (b)
above is taken to have been permitted by the Engineer if it is not expressly
rejected by the Engineer in writing within 14 days from the date of receipt
by the Engineer of the request from the Contractor.

(6) The Contractor shall comply with and shall ensure that all sub-contractors

Go to Table of Content
(irrespective of any tier) shall comply with the provisions of this Clause,
General Conditions of Contract Clause 4 and other relevant provisions of the
Contract (“Sub-contractor Provisions”). If the Contractor or any of the
sub-contractors (irrespective of any tier) fails to comply with the
Sub-contractor Provisions, the Engineer shall, without prejudice to any other
rights and remedies, have full power to order the removal of any
sub-contractor which has been engaged in contravention of any of the
Sub-contractor Provisions from the Site and/or the Works.

(7) In this Clause, unless the context otherwise requires -

>>>
"confined space" has the same meaning as that adopted in the Factories and
Industrial Undertakings (Confined Spaces) Regulation (Cap. 59AE);

Go to Table of Content
"Relevant Portion" means a portion of any part of the Works which has been
sub-contracted out to a sub-contractor of the first or the second tier of
sub-contracting under sub-clause (2) of this Clause, and such portion comprises
only work or services falling within the description of one or more of the
“Construction Trades” which are listed under the trade classification of the
Voluntary Sub-contractor Registration Scheme;

"Voluntary Sub-contractor Registration Scheme" means the Voluntary

Sub-contractor Registration Scheme as referred to in Environment, Transport

>>>
and Works Bureau Technical Circular (Works) No. 13/2004.

Go to Table of Conten
* Subject to the approval of Works Branch of the Development Bureau, project officers
may insert other high-risk operations appropriate to the nature of the Contract.

Chapter 5 (Rev. 1) 222

Project Administration Handbook for Civil Engineering Works 2012 Edition

Go to Table of Content
APPENDIX 5.20 ILLUSTRATION DIAGRAM ON MAXIMUM NUMBER OF TIERS OF SUB-CONTRACTING ALLOWED
(Shall not be attached in contract documents)

This page should only be updated by Works Branch of Development Bureau.

>>>
Go to Table of Content
>>>
Go to Table of Conten
Chapter 5 (Rev. 1) 223
 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.21 (NOT USED)

Go to Table of Content
>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 224

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.22 NOTES TO TENDERERS FOR PAYMENT FOR

SUB-CONTRACTOR MANAGEMENT PLAN

Notes to Tenderers

NTT# : Payment for Sub-contractor Management Plan

Tenderers’ attention is drawn to GCT 20, Special Conditions of Contract Clauses [x]

Go to Table of Content
and [xx] and Particular Specification 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. Tenderers’ attention is also drawn to the requirement to
monitor and ensure the implementation of and the compliance with the SMP.

Separate items are stipulated in the Bills of Quantities/ Schedule of Rates for the
provision of, implementation of and compliance with the SMP.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 225

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.23 SPECIAL CONDITIONS OF CONTRACT FOR MANAGEMENT

OF SUB-CONTRACTORS

Special Conditions of Contract

SCC[x]: Management of Sub-contractors

General Conditions of Contract Clause 4 is amended by adding the following:

Go to Table of Content
(7)^(a) Notwithstanding the foregoing sub-clauses of this Clause, the Contractor shall
within 30 days of the Employer's letter of acceptance of the Tender submit a
Sub-contractor Management Plan (SMP) to the Engineer/Supervising
Officer* (E/SO*) for information and comments, if any.

(b) The Contractor shall then submit quarterly the updated SMP till the issuance
of the certificate of completion or where there is more than one such
certificate, the issuance of the last certificate of completion to the E/SO* for
information and comments, if any. Should there be any major changes in the

>>>
Contractor's sub-contracting arrangement during the period before the next
quarterly reporting, the Contractor should notify immediately such changes
to the E/SO* in writing. The quarterly updated SMP required under this

Go to Table of Content
paragraph (b) shall be submitted within one month from each quarterly
period. For the avoidance of doubt, the first quarterly period shall commence
from the date of submission of the SMP by the Contractor pursuant to
paragraph (a) of this sub-clause. Any interim notification of changes by the
Contractor shall not affect his obligation to submit the quarterly updated
SMP. In case there is no change to the previous SMP, the Contractor shall
declare such status in writing instead of submitting the same SMP again.

(c) The SMP submitted under paragraphs (a) and (b) of this sub-clause shall

>>>
contain detailed information as required by the Guidelines on Scope and
Contents of the Sub-contractor Management Plan at Appendix [x] to these
Special Conditions of Contract.

Go to Table of Conten
(d) The E/SO* may upon receipt of the SMP comment on the SMP and notify the
Contractor of such comments in writing. If the E/SO* is of the opinion that
the SMP submitted under paragraphs (a) and (b) of this sub-clause does not
meet the requirements of the Contract, the E/SO* may, by written notice,
require the Contractor to revise or update the SMP and the Contractor shall
comply with that requirement within 14 days of the date of the notice. No
approval of the SMP is required from the E/SO*.

(e) Subject to the provisions of other Special Conditions of Contract stating to the
contrary, the Contractor shall ensure that his sub-contractors shall not
sub-contract the whole of the works sub-contracted to them.

(f) The Contractor shall employ his own staff to manage and supervise his
sub-contractors.

Chapter 5 (Rev. 1) 226

 Project Administration Handbook for Civil Engineering Works 2012 Edition

(g) For the purpose of this clause and the Guidelines on Scope and Contents of
the Sub-contractor Management Plan at Appendix [x] to these Special
Conditions of Contract, the term 'sub-contractor' means all types of
sub-contractor including without limitation Nominated Sub-contractor and
Specialist Sub-contractor.

(h) The Contractor shall, upon written request by the E/SO* (which may be
issued by the E/SO* from time to time or at any time), produce to the E/SO*
documentary proof to demonstrate to the satisfaction of the E/SO* that the

Go to Table of Content
Contractor has complied with all the provisions in the latest SMP submitted
under paragraphs (a) and (b) of this sub-clause. Such documentary proof
includes, but is not limited to, documents of sub-contracts, reports from
sub-contractors on their further sub-contracting arrangement and daily
attendance records of site workers. For the purpose of determining the extent
of documentary proof, the E/SO* shall made reference to the Guidelines on
documentary proof to demonstrate the compliance of the provisions in the
SMP at Appendix [y] to these Special Conditions of Contract. The E/SO* may
make as many separate written requests as he thinks fit. The provisions of this
sub-clause shall be without prejudice to sub-clause (5/7*) of this Clause.

>>>
* Delete as appropriate [The numbering of the sub-clause may vary depending on individual contract.

Go to Table of Content
The sub-clause intended to be referred to is the sub-clause of GCC Clause 4 which states the duty of the
Contractor if so required to furnish full particulars of any sub-contractor employed on the Works.]

^ The numbering of this added sub-clause may vary depending on the type of GCCs used and whether
there is other SCC in the contract which also amend GCC Clause 4.

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 227

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Appendix [x] to SCC[x]

Guidelines on Scope and Contents of Sub-contractor Management Plan to be Specified

in the General Conditions of Tender/Special Conditions of Contract

i) Scope of the part or parts of the Works to be sub-contracted including the

form and extent of sub-contracting arrangement such as labour only,
labour and plant, labour and material, plant only, lump sum or any other

Go to Table of Content
combination of types. Proof of ownership of construction plant and
material should be addressed. The scope of the part or parts of the Works
to be sub-contracted shall comply with the contractual provisions
(including without limitation Special Conditions of Contract Clause [ ] on
Limiting the Tiers of Sub-contracting).
ii) Details of sub-contracts (irrespective of tiers) including the names of
sub-contractors, proposed form of sub-contracts and the programme of
the sub-contracted works.
iii) The Contractor’s approach to demand/ensure his sub-contractors to a)
abstain from sub-contracting the whole of the works sub-contracted to

>>>
them, and b) report upwards their sub-contracting arrangement and any
subsequent changes with written declarations of no “hidden”
sub-contracts for any part of the works sub-contracted to him.

Go to Table of Content
iv) The Contractor’s proposed measures for supervision of the Works and
monitoring of the performance of sub-contractors, particularly the
aspects of the works programming, quality and safety of the Works and
environmental protection.
v) Criteria for selection of sub-contractors.
vi) The Contractor’s approach to ensure all his sub-contractors (irrespective
of tiers) to adopt written contracts in their sub-contracting and that all
the sub-contracts complied with the requirements as stipulated in the
Contract (including without limitation Special Conditions of Contract
Clause [ ] on Sub-contract conditions).

>>>
vii) Details of the Contractor’s Management Team, as required in the
Contract (i.e. the SCC for Contractor’s Management Team), employed on
direct supervision and management of sub-contractors. An organization
Go to Table of Conten
chart showing the responsibilities of the Contractor’s direct staff in
supervision and management of his sub-contractors should be submitted.
vii) Declaration that members of staff on the Contractor’s Management Team
are prohibited from being given a sub-contract to any part of the Works
or having a vested interest in any of the sub-contractors irrespective of
tiers.
ix) The Contractor’s proposed measures to ensure the compliance with the
implementation of the system of payment of wages to the Site Personnel as
stipulated in the Contract (including without limitation Special
Conditions of Contract Clause [ ] on Payment of Wages of Site Personnel)
The Contractor’s proposed measures for ensuring timely payments to
sub-contractors and payments by sub-contractors to sub-contractors of
lower tiers.

NB. The above items are not exhaustive. The Contractor can add any other items, which
he considers pertinent to the proper management of his sub-contractors.

Chapter 5 (Rev. 1) 228

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Appendix [x] to SCC[x]

[For contracts without contract measures to prevent non-payment of wages and/or limiting
number of tiers of sub-contracting]

Guidelines on Scope and Contents of Sub-contractor Management Plan to be Specified

in the General Conditions of Tender/Special Conditions of Contract

i) Scope of the part or parts of the Works to be sub-contracted including the

Go to Table of Content
form and extent of sub-contracting arrangement such as labour only,
labour and plant, labour and material, plant only, lump sum or any other
combination of types. Proof of ownership of construction plant and
material should be addressed.
ii) Arrangement for each sub-contract including the names of
sub-contractors known to the Contractor, proposed form of sub-contracts
and the programme.
iii) Criteria for selection of sub-contractors.
iv) Details of the Contractor's own staff employed for direct supervision and
management of his sub-contractors. An organization chart showing the

>>>
responsibilities of the contractor's direct staff in supervision and
management of his sub-contractors should be submitted.
v) The Contractor's approach to demand/ensure his sub-contractors to a)

Go to Table of Content
abstain from sub-contracting the whole of the works sub-contracted to
them, and b) submit written declarations of no "hidden" sub-contracting
of works.
vi) The Contractor's approach to encourage his sub-contractors to adopt
written contracts in their sub-contracting.
vii) The Contractor's proposed measures to demand his sub-contractors to
report upwards their sub-contracting arrangements and any subsequent
changes.
viii) The Contractor's proposed measures for monitoring and assessing the
works programme, quality, safety and environmental performance of his

>>>
sub-contractors.
ix) The Contractor's proposed measures for ensuring timely payment to the
downstream sub-contractors after his payment to his sub-contractors.

Go to Table of Conten
x) The Contractor's approach for monitoring early industrial dispute
problems.
xi) The Contractor's approach for handling complaints from workers on site
regarding wages arrears disputes and co-ordinate with Labour
Department for earlier action. Contractors are required to keep the
Engineer/Supervising Officer's site representatives informed of the latest
situation.
xii) The Contractor's proposed measures for maintaining updated daily
attendance records of all workers on site.
xiii) The Contractor's proposed measures for site security and workers' daily
access control if applicable.

NB. The above items are not exhaustive. The Contractor can add any other issues,
which he considers pertinent to the proper management of his sub-contractors.

Chapter 5 (Rev. 1) 229

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Appendix [y] to SCC[x]

Guidelines on documentary proof to demonstrate the compliance of the provisions in

the SMP

i) E/SO should base on their professional judgment in selecting samples of

sub-contract document/report for documentary proof.
ii) Documentary proof should be limited to relevant information for the
demonstration of the compliance of the provisions in the submitted SMP i.e.

Go to Table of Content
information as stipulated in the Guidelines on Scope and Contents of the
Sub-contractor Management Plan at Appendix [x] to these Special Conditions
of Contract.
iii) Documentary proof should exclude sensitive commercial information such as
price, payment conditions, bills of quantity etc.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 230

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.24 SPECIAL CONDITIONS OF CONTRACT FOR PAYMENT FOR

SUB-CONTRACTOR MANAGEMENT PLAN

Special Conditions of Contract

SCC[xx] : Payment for Sub-contractor Management Plan

The Contractor shall be entitled to the sums set out in the Sub-contractor Management

Go to Table of Content
Plan section of the Bills of Quantities/Schedule of Rates provided that the Contractor
has complied with the requirements specified in the Contract.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 231

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.25 PARTICULAR SPECIFICATION FOR MANAGEMENT OF

SUB-CONTRACTORS

SECTION X

Management of Sub-contractors

GENERAL

Go to Table of Content
General X.1 (1) The Contractor shall ensure the submission and quarterly
updating of the Sub-contractor Management Plan (SMP) in
the form and contents as prescribed in the Contract.
(2) The Contractor shall monitor and ensure the implementation
of and the compliance with the SMP.

SUB-CONTRACTOR MANAGEMENT PLAN (SMP)

>>>
SMP X.2 (1) The Contractor shall, in accordance with SCC [x], prepare
and submit to the Engineer/Supervising Officer* (E/SO*) 2
copies of the Sub-contractor Management Plan signed by the

Go to Table of Content
Site Agent. The SMP shall contain detailed information as
required by the Guideline on Scope and Contents of the
Sub-contractor Management Plan at Appendix [x] to the SCC
[x].

Quarterly X.3 (1) The Contractor shall, in accordance with SCC [x], submit to
updated the Engineer/Supervising Officer* (E/SO*) 2 copies of the
SMP quarterly updated Sub-contractor Management Plan signed
by the Site Agent. The quarterly updated SMP shall contain
the updated detailed information as required by the

>>>
Guideline on Scope and Contents of the Sub-contractor
Management Plan at Appendix [x] to the SCC [x].

Go to Table of Conten
(2) If there is no change to the previous SMP, the Contractor
shall, in accordance with SCC [x], declare such status in
writing instead of submitting the same SMP again. The
declaration shall be signed by the Site Agent and for the
purpose of this Particular Specification, the declaration shall
be considered as a quarterly updating of the SMP.

* Delete as appropriate

Chapter 5 (Rev. 1) 232

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.26 METHOD OF MEASUREMENT FOR PAYMENT FOR

SUB-CONTRACTOR MANAGEMENT PLAN

Section (XX) – Sub-contractor Management Plan (SMP)

IMPLEMENTATION OF SUB-CONTRACTOR MANAGEMENT

PLAN

Go to Table of Content
Preambles xx.01 Not used.

xx.02 The pre-fixed rates appearing in the items under this Section
XX shall be deemed to have allowed for the value of work in
connection with meeting all contractual obligations regarding
the Sub-contractors Management Plan in the execution of the
Works and any other related obligations, liabilities, risks and
profit. In the event that the rates have been insufficient or
where there are any aspects where the methods provided

>>>
hereunder do not measure any item or exclude the
measurement of any item or part thereof, the difference in
value shall be deemed to have been included in the rates

Go to Table of Content
inserted elsewhere in the Bills of Quantities.

Sub-contractor Management plan

Units xx.03 The units of measurement shall be :

(i) complete Sub-contractor Management Plan

…………………...………………….. item.

>>>
(ii) quarterly updating of Sub-contractor Management Plan
…….……...…………… ………….. number.

Go to Table of Conten
Measurement xx.04 The item for “complete Sub-contractor Management Plan”
shall be measured when the SMP has been submitted, the
content is in order and the E/SO* is satisfied that it has been
completed and it meets all requirements of the Contract at the
time of its completion.

xx.05 The item for “quarterly updating of Sub-contractor

Management Plan” shall be measured when the quarterly
updated SMP has been submitted, the content is in order and
the E/SO* is satisfied that the SMP has been completed and
meets all requirements of the Contract at the time of its
completion. The declaration referred to in P.S. X.3(2) shall be
considered as quarterly updating of the SMP. No measurement
shall be made for Contractor’s interim notification of major
changes of sub-contractor management.

Chapter 5 (Rev. 1) 233

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Itemisation xx.06 Separate items shall be provided for Sub-contractor Management

Plan in accordance with General Principles paragraphs 3 and 4
and the following :

Group Feature

I 1. Complete Sub-contractor Management Plan

Go to Table of Content
2. Quarterly updating of Sub-contractor
Management Plan

Complete xx.08 The item for “complete Sub-contractor Management Plan”

Sub-contractor shall, in accordance with General Preambles paragraph 2, also
Management include :
Plan

(a) develop and complete the Sub-contractor Management

>>>
Item Coverage
Plan incorporating the details required by the Contract;
and

Go to Table of Content
(b) submit the required copies of the SMP to the E/SO*.

quarterly xx.09 The item for the “quarterly updating of Sub-contractor

updating of Management Plan” shall, in accordance with General
Sub-contractor Preambles paragraph 2, also include :
management
Plan

Item Coverage (a) reviewing, updating and revising Sub-contractor

Management Plan taking into account the changes in the

>>>
Contractor’s sub-contracting arrangement during the
period and/or comments made by the E/SO*; and

Go to Table of Conten
(b) submit the required copies of the quarterly updated SMP to
the E/SO*.

* Delete as appropriate

Chapter 5 (Rev. 1) 234

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.27 SAMPLE BILLS OF QUANTITIES FOR PAYMENT FOR

SUB-CONTRACTOR MANAGEMENT PLAN

Item Description Quantity Unit Rate Amount

No. $ $

Go to Table of Content
Complete Sub-contractor Management
A. - Item 10,000* 10,000*
Plan

Quarterly Updating of Sub-contractor

B. ?? nr 1,000*
Management Plan

Notes:-

(1)* The rate for item A and B are fixed according to the following table

>>>
(2) nr: number
(3) ??: quantity to be inserted

Go to Table of Content
Fixed Rates ($) for the following BQ items

Civil Engineering E&M

Contract Values ($)
Quarterly Quarterly
Complete SMP Complete SMP
Updating of SMP Updating of SMP
(one off) (one off)
(each time) (each time)

Less than 20M 4,800 500 2,000 500

>>>
Between 20M and
10,000 1,000 3,000 1,000
50M

More than 50M 15,000 2,000 5,000 1,500

Go to Table of Conten

Chapter 5 (Rev. 1) 235

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.28 PRACTICE NOTE ON ADOPTION OF NON-CONTRACTUAL

PARTNERING IN PUBLIC WORKS CONTRACTS
(Ref: SETW’s memo ref. (0117S-01-2) in ETWB (W) 506/30/02
dated 30.3.2006)

Introduction

Partnering is a project delivery technique based on cooperative working

Go to Table of Content
practices, which can be taken as a journey of improvement with non-contractual
partnering being the first step on this journey. This Practice Note promulgates the
guidelines and good practices for implementation of non-contractual partnering in
public works contracts.

Background

2. In Hong Kong, the Hospital Authority and MTR Corporation Limited

(MTRCL) were probably the first clients to embrace the concept of partnering.

>>>
Partnering was first used in hospital projects in the mid 1990’s with some notable
success. Partnering was also adopted by the MTRCL in its Tseng Kwan O Extension
project, which opened ahead of schedule with construction cost substantially below

Go to Table of Content
budget. MTRCL has attributed such success to the use of project partnering.

3. The Environment, Transport and Works Bureau (ETWB) has been actively
promoting the adoption of partnering in public works contracts in recent years, and
introduced partnering on a non-contractual basis in public works contracts in 1997.
Since then, non-contractual partnering has been used in more than 30 public works
contracts. The wider use of partnering in construction industry was also
recommended in the Construct for Excellence report published by the Construction
Industry Review Committee (2001).

>>>
4. The ETWB also arranged a forum in November 2004, which was attended by
representatives from all works departments and the Independent Commission Against
Corruption (ICAC). The purpose of the forum was to share experience and

Go to Table of Conten
information about what was going well and what needed to be improved. The good
practices identified during the forum are summarized in Annex A as a reference guide.

Guidelines for selection of contracts for adoption of non-contractual partnering

5. In order to promote the wider use of the partnering approach in public works,
the following criteria should be adopted as far as possible:

i) For building and civil engineering capital works contracts with contract
sum equal or greater than $100M; or

ii) For E&M contracts with contract sum equal of greater than $20M; or

Chapter 5 (Rev. 1) 236

 Project Administration Handbook for Civil Engineering Works 2012 Edition

iii) For other contracts such as maintenance term contracts, an officer at D2

or above rank considers that the nature and complexity of the works
warrant the incorporation of non-contractual partnering.

The above requirements under (i) and (ii) may be waived for a particular
contract with the approval of an officer at D2 or above rank.

Implementation

Go to Table of Content
Project Charter

6. Non-contractual partnering involves establishing a Partnering Charter after

the contract is awarded. The Partnering Charter is a statement of general principles
agreed among the stakeholders (e.g. Employer, Consultant and Contractor) and is
non-binding, while the underlying contract establishes the legal relationship between
the parties. A typical Partnering Charter is given in Annex B.

7. The Partnering Charter is drawn up at the beginning of the contract during the
start-up partnering workshop. Subsequent partnering meetings are held at various

>>>
stages to review performance of each project according to the established objectives.
The partnering meetings are also used as the means to achieve better project value
through mutual recognition and development of improvement opportunities, enhance

Go to Table of Content
effectiveness by preventing unnecessary cost and time escalations, and identify
opportunities for simplifying procedures and potential savings in time or costs, etc. An
independent professional facilitator is usually engaged jointly by the project office and
contractor to help plan the partnering workshops and provide facilitation services.

Start-up workshop

8. To fully utilize the start-up workshop for each contract, the project office
should invite staff who may not be involved in the project but are interested in

>>>
non-contractual partnering to attend the workshop as observers. This will provide
additional training opportunities for staff, especially frontline staff. Also, in order to
“attract” other key stakeholders (e.g. EPD, TD, Police, subcontractors, etc) to join the

Go to Table of Conten
workshop to establish an informal communication channel at an early stage,
representatives from these parties should be invited to attend the relevant part of the
workshop instead of sitting through it, which usually lasts for a full day.

Sample Documents

9. Where a contract is selected for adoption of non-contractual partnering, the

project department should include a note in the Notes for Tenderers in the tender
documents indicating the Government’s intention to adopt non-contractual partnering.
After contract award, the project department should ask the contractor in writing whether
he is willing to adopt non-contractual post-award partnering and share equally the costs
associated with the partnering workshops including the services of an independent
professional facilitator. The standard note for inclusion in the Notes for Tenderers and
sample letter to the contractor are given in Annex C.

Chapter 5 (Rev. 1) 237

 Project Administration Handbook for Civil Engineering Works 2012 Edition

10. A sample Form of Tender and Brief for appointing the facilitator are given in
Annexes D and E respectively. The experience and qualification requirements for the
facilitators are set out in paragraph 22 of the sample Brief. The quality of the
facilitator has an important bearing on the outcome of non-contractual partnering.
Therefore, the facilitator should be appointed on the basis of his technical and fee
proposals, and where appropriate, a two-envelope approach should be adopted in his
selection.

Go to Table of Content
Appointment of Facilitator

11. Currently, with the agreement of the contractor, each contract will appoint a
facilitator by letting a small consultancy assignment. For a department with many
contracts adopting non-contractual partnering, some administrative time and resources
may be saved if the department elects to let a term consultancy to provide facilitating
services for say up to 3 contracts over a given period of time. However, before
adopting this non-mandatory approach, the department should first consider its
limitations, such as the administrative and funding arrangements for the term
consultancy, the potential complications due to project slippage or cancellation, and the

>>>
implications in case the contractor refuses to work with the term consultancy
consultant, etc. If this approach is adopted, references to the "Contractor" in the brief
in Annex E for appointment of facilitator should be removed. Also, the standard notes

Go to Table of Content
for tenderers and sample letter to the contractor in Annex C should be amended
accordingly. Furthermore, the Engineer for a contract covered by the scope of the
term consultancy should record his justifications in file if he elects NOT to use the term
consultancy.

Monitoring

12. In addition to provision of partnering workshops/meetings, project

departments should set up individual project management teams to drive, manage and

>>>
monitor the actual process. In addition, ETWB has set up a steering group comprising
representatives from works departments as well as the ICAC, to promote the wider use
of partnering in public works contracts, to oversee the implementation as well as to

Go to Table of Conten
determine policy and strategic directions.

Promote Awareness

13. To promote the awareness of non-contractual partnering, departments may

consider identifying a pool of experienced staff, so that any “new comers” could contact
them for help/advice if necessary. The contractor should be encouraged to do likewise.

Environment, Transport and Works Bureau

June 2006 (Revised)

Chapter 5 (Rev. 1) 238

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Annex A

GOOD PRACTICES FOR IMPLEMENTATION OF

NON-CONTRACTUAL PARTNERING

ETWB arranged a forum in November 2004 for Works Department staff members who
were working on non-contractual partnering projects. The purpose of the workshop
was to share experience and information about what was going well and what needed to

Go to Table of Content
be improved. The following is a summary of good practices identified. In addition, some
basic principles in contract administration from the standpoint of corruption
prevention are reiterated in Enclosure I.

1 Common goals

Partnering enables project team members to share views about their own
organisation’s objectives and to establish a set of mutual objectives that all can
aim for. At first this might seem difficult to achieve as team members often
assume that they have incompatible objectives (i.e. RSS team want quality but

>>>
the contractor wants profit) but this is rarely the case and any differences can
normally be talked through to achieve a ‘partnering charter’ with objectives
acceptable to all parties.

Go to Table of Content
Establishing common goals begins at the start-up workshop and continues
throughout the project. It is important to establish common goals for key issues
affecting the projects such as major delaying events. Common goals should also
be revisited and adjusted as necessary at review workshops.

Example :CEDD’s T3 project in Shatin is being built in a densely populated

area, both the project team and contractor are constantly facing
challenges from external influences. As each new issue arises the

>>>
project team from CEDD, the contractor and the RSS team discuss
and agree a common approach.

2 Involvement of senior management

One of the major benefits of partnering is the opportunity for senior Go to Table of Conten
management of the key parties (e.g. D1 or above officer) to get together to
discuss and resolve key issues jointly, through the Champion or Steering Group
meetings. Such meetings also provide an informal forum for senior
management to share perceptions of how things are going and to listen to the
views of junior staff. This helps senior staff to be better informed and provide
support to the project staff in overcoming key issues.

Example :Open discussions at the Regular Champion Group meetings for the
Central Reclamation Phase III project has helped senior
management from CEDD, the contractor and RSS team to develop a
relationship of cooperation, which was particularly important in
dealing with the situation surrounding the judicial review process.

Chapter 5 (Rev. 1) 239

 Project Administration Handbook for Civil Engineering Works 2012 Edition

3 Culture of sharing and trust

No one party can succeed in delivering a project alone; often the teams are only
as strong as the weakest link, which for example can be a key subcontractor.
Establishing cooperation and trust amongst the parties provides the basis for a
successful outcome. But this is often difficult to achieve if we have a culture of
mistrust and selfish behaviour within the industry.

How can we build trust within a hard contractual relationship? The starting

Go to Table of Content
point is to think of how you can help the other team members achieve the
mutual objectives rather than to think about how they should help you achieve
your own objectives. There are plenty of ways to do this within the bounds of
the contract and Government procedures, but it does need a change of attitude.
By taking the first step to help others you will set an example and begin to
establish a culture of sharing and trust, which will have significant benefits for
the project and those involved.

Once you have taken the lead in role modelling this behaviour, be prepared to
be assertive with those who remain selfish. Partnering has to be win/win.

>>>
Example :Getting an early mutual agreement for alternative designs proposed
by the contractor gives a strong signal of the willingness to help the

Go to Table of Content
other side succeed. For Route 9 (formerly Route 5) in Tsuen Wan,
the project team from CEDD was able to agree with the contractor
the principles of the major Supplementary Agreement on his
proposed alternative designs within 3 months of the start of the
project.

4 Prompt problem solving and decision making

Compared to other industries, decision-making and problem solving in

construction is relatively slow. The root cause is that team members often

>>>
focus on achieving decisions for the benefit of their own organisation or on
allocating blame for problems on others. Joint problem solving is therefore a
key to getting the best solutions, since no one party normally has all the

Go to Table of Conten
information or the best ideas. A suggested approach to problem solving is
illustrated in Enclosure II. Efficiency is also dependent upon employing good
people and then giving them the freedom and authority to make decisions in the
best interest of the project. Monitoring of the project performance can be
done by taking a more holistic view and measuring trends against overall
objectives.

Example :The Route 8 (Shatin Heights Tunnels and Approaches) project team
reviewed progress of the project at Steering Group meetings using
Key Performance Indicators, which provided an objective measure of
performance against the mutual objectives. The review meetings
also enabled the project team to focus on key issues affecting
objectives and trends.

Chapter 5 (Rev. 1) 240

 Project Administration Handbook for Civil Engineering Works 2012 Edition

5 Streamlining procedures

There are many procedures to be followed in delivering a project. Some

procedures have obvious purpose and benefit for a given project whilst others
may not. Streamlining procedures is about removing activities that do not add
value to the end result of the project, which we are all trying to achieve.
Through cooperation, establishing trust and common objectives the parties can
remove unnecessary procedures and duplication of effort. But this needs to
start at the top and be undertaken as a joint improvement actions.

Go to Table of Content
Example :Environmental constraints for construction of Tung Chung Road
Improvement make it difficult for the contractor to carry out the
construction works using conventional approaches. To assist the
contractor to overcome the difficulty, the project team from HyD has
worked hard to smooth out the processes required to enable the
contractor to gain access, obtain storage areas and modify designs to
suit the emerging situation.

6 Sharing pain and sharing gain

>>>
Projects rarely go exactly as planned throughout project delivery. Therefore,
success in partnering depends a great deal upon how the team face up to the

Go to Table of Content
opportunities and threats along the journey together. To encourage the
contractor to come forward with cost-saving alternative methods or ideas that
do not detract from the overall objectives or contractual obligations, such
savings are shared equally between the Government and contractor [see ETWB
TCW No. 25/2004]. Although getting the savings is not easy, they are still
there for the teams that are prepared to look for them and work together to
achieve them.

Sharing pain is more difficult under the conventional contractual

arrangements. Nevertheless, supporting each other in difficult circumstances in

>>>
whatever way is possible is a good investment in the relationship and will be
returned when circumstances reverse.

Go to Table of Conten
Example :Replacement of the deodorisation equipment at To Kwa Wan and
Kwun Tong Primary Sewage Treatment plants whilst keeping the
plant running was a challenge that could only be met through
teamwork. The teams from EMSD and the contractor treated each
other as equals while facing the problem together. Both teams
openly discussed issues on a regular basis and supported each other
as new problems arose.

[Notes: ETWB has identified a public works project for the trial adoption of
contractual partnering based on the New Engineering Contract, which permits the
cost of risk to be shared between the Employer and the contractor.]

7 Involvement of more stakeholders

For many projects, the non-contractual partnering relationship typically

involves the employer, main contractor and principle consultant. This can

Chapter 5 (Rev. 1) 241

 Project Administration Handbook for Civil Engineering Works 2012 Edition

bring about significant benefit. However, greater benefits may be realised by

including other major stakeholders such as key subcontractors, user groups
and other Government departments that can have a significant impact on the
project outcome. If these stakeholders understand better the needs and
objectives of the main project team by joining the partnership, they are more
likely to help to find solutions to problems that satisfy the needs of all parties.

Example :Tai O Harbour and Development project team invited EPD, the
environmental consultant and the independent environmental

Go to Table of Content
checking consultant along to the start-up workshop. This has
greatly enhanced the relationship between the parties in dealing with
subsequent environmental issues.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 242

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Enclosure I

General Principles for Contract Administration for Corruption Prevention

The following general principles in contract administration should be adopted for

prevention of potential corruption:

a. Fairness and openness.

Go to Table of Content
b. The terms and conditions of the contract should remain in full force unless
varied by way of a supplementary agreement. The arrangement for
controlling the issue of supplementary agreements is given in SPR Appendix
5(b).

c. Quality control of the works on site, and checks-and-balances should not be

relaxed

d. Granting of extension of time applications and claim assessment etc should

follow existing approval procedures and properly documented

>>>
e. The non-contractual partnering arrangement should not be used as an excuse
for accepting advantage or inappropriate entertainments offered by

Go to Table of Content
contractors. Further guidelines are given in the circulars: CSBC No. 15/2002 on
"Acceptance of advantages offered to an officer in his private capacity"; CSBC
No. 16/2002 on "Advantages / entertainment offered to an officer in his official
capacity and gifts and donations to a department for the benefit of staff"; and
ETWB Internal Circular No. 5/2003 on "What to do if you are offered a bribe".

In addition, project departments should consider inviting the ICAC to participate in the
start-up workshop for contracts where non-contractual partnering is adopted.
.

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 243

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Enclosure II

Communication and Problem Solving in Partnering

90% of disagreements are caused by misunderstandings. To avoid this and improve

problem solving, the following general approach may be considered:

CLARIFY UNDERSTANDING

Go to Table of Content
Ask others how they see the issue and
the reasoning behind the position
they are taking. Listen carefully.
CREATES ALIGNMENT
TOWARDS SOLVING
DEFINE PROBLEM THE PROBLEM
Do this jointly, and try to get to the
root causes. The real problem is often
different from our first assumptions.

>>>
AGREE DECISION LEVEL +

Go to Table of Content
TIME
Who should solve the problem and
when an answer is needed. Try to
choose the lowest capable level.

CREATE OPTIONS
There is rarely one solution, seek
ideas from your partners.

>>>
RAISE TO NEXT
PROPOSE BEST OPTION FOR THE MANGEMENT
PROJECT LEVEL

Go to Table of Conten
Keep in mind the mutual objectives.
Options chosen to best meet these
Notes :
objectives will produce win/win outcomes
over the course of the project. Any understanding or
agreement reached
between the senior
management of the key
parties should be brought
promptly to the attention
AGREED NO of the relevant frontline
within staff.
TIME

YES

Chapter 5 (Rev. 1) 244

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Annex B

TYPICAL PARTNERING CHARTER

Contract No. + Contract Title

Main Participants - Employer/Main Contractor/Consultants

Go to Table of Content
VISION STATEMENT
A simple statement of what the team aspires to.

MUTUAL OBJECTIVES
• This is a detailed set of objectives that can be used as a basis for performance
measurement.
• Generally they cover hard objectives such as time, cost, quality, safety and
environmental outcomes.

>>>
• Usually there are about 6 key objectives.

VALUES & BEHAVIOURS (Optional)

Go to Table of Content
• These set out how the team would expect to work together and can be used as a
basis for monitoring development of the relationship and how the team adopting
partnering behaviours.
• Generally they cover soft issues such as cooperation, trust, openness, support, joint
problem solving, etc.
• Usually there are about 6-8 key values and behaviours noted.

Though not essential it is often good to

include a team photo or logos of the

>>>
companies involved.

Go to Table of Conten

Signatures: All key members of the team (normally those present at the start-up
partnering workshop) sign the charter.

Chapter 5 (Rev. 1) 245

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Annex C

(1) Standard notes for tenderers to communicate Government’s intent to partner

NOTES FOR TENDERERS

(These notes will NOT form part of the Contract)

Partnering

Go to Table of Content
Tenderers' attention is drawn to the Employer's intention to adopt non-binding
post-award project partnering with participation of all stakeholders of the
project. If the non-binding post-award project partnering is implemented, the
costs associated with the partnering workshops including the services of an
independent professional facilitator are to be shared equally between the
Employer and the successful tenderer.

(2) Standard letter to the Contractor to communicate Government’s intent to

>>>
partner and to invite him to participate in project partnering

Adoption of Project Partnering

Go to Table of Content
Please be informed of the Employer's intention to adopt non-binding
post-award project partnering with participation of all stakeholders of the
project. If the non-binding post-award project partnering is implemented, the
costs associated with the partnering workshops including the services of an
independent professional facilitator are to be shared equally between the
Employer and the Contractor. As this initiative is to be implemented on a
purely voluntary basis, please advise in writing your agreement or otherwise to
the undersigned by Date .

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 246

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Annex D

FORM OF TENDER

NOTES:
If a tender is being made by a partnership or an unincorporated body, the name(s) and
residential address(es) of all partners should be given in the spaces provided below.
In all cases, the tenderer must insert below the number and date of the business

Go to Table of Content
registration certificate:

Number _______________________________ Date______________________

To: Employer’s Representative Contractor’s Representative

Name: Name:
Post: Post:
Department: Company:

>>>
Address: Address:

Go to Table of Content
1. Having inspected the Client’s Brief to Service Providers for Designing and
Facilitating Partnering Workshops and Related Services (hereinafter referred
to as “the Brief”), I/we offer to deliver and complete the assignment required
under the Brief commencing from a date to be notified by the Client, in
conformity with the Brief and for such rates that I/we have quoted in this Form
of Tender.

2. I/We agree to abide by this Tender for a period of 3 months from the date fixed
for receiving the same and it shall remain binding upon me/us and may be
accepted at any time before the expiry of that period.

>>>
3. I/We understand that the acceptance of this Tender by the Client shall
constitute a binding contract between us. The technical information attached

Go to Table of Conten
to the Tender, with details of the qualifications and relevant experience of the
Lead Facilitator and the Co-facilitator, shall be used for the purpose of
assessing the Service Provider’s competence in satisfactorily completing the
assignment.

4. I/We understand that the Client is not bound to accept the lowest or any tender
it may receive.

5. I/We understand that the Client reserves the right to negotiate with any
tenderer about the terms of the offer.

Chapter 5 (Rev. 1) 247

 Project Administration Handbook for Civil Engineering Works 2012 Edition

6. I/We quote the following rates for completing the assignment as described in
the Brief:

Item Description of Service Estimated Rate

No Quantity (HK$)

Start-up Workshop
Design and facilitate a one-day start-up 1
workshop

Go to Table of Content
Follow-up Workshops
2. Design and facilitate a half-day follow-up 1
workshop (0.5 day)
Venue for Workshops
3. Provide venue for a one-day workshop for [20] 1
participants
4. Extra over Item 3 for each additional participant 10
Partnering and Introductory Meetings
5. Attend and facilitate a partnering meeting 5

>>>
(average 0.5 day per meeting)
6. Design and facilitate an introductory meeting 2
(0.5 day) for an average of [30] participants

Go to Table of Content
[Note: The estimated quantities for individual items and the number of
participants for Items 3 and 6 are to be assessed by the Employer and the
Contractor and adjusted accordingly prior to inviting tender.]

7. I/We understand that the rates quoted above shall be valid throughout the
contract period from xxx to yyy [to be specified by the project office], and my/our
remuneration will be determined by the services to be instructed by the Client and
actually carried out.

>>>
8. I/We will provide ________________________________ as the Lead Facilitator
and ________________________________ as the Co-facilitator for the workshops
and meetings.

Signed by the Tenderer with Company Chop ___________________________________ Go to Table of Conten

Name of Tenderer __________________________________________________________

Date _____________________________________________________________________

Registered Address of Company ______________________________________________

Place of Business Registration ________________________________________________

Chapter 5 (Rev. 1) 248

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Annex E

Client’s Brief to Service Providers for

Designing and Facilitating Partnering Workshops and Related Services

THE CLIENT AND THEIR REPRESENTATIVES

1. The Client requesting the Tender and technical information for designing and

Go to Table of Content
facilitating partnering workshops and the provision of related services are the
Employer and the Contractor for the following Government works contract:
Contract No:
Contract Title:
Employer:
Contractor:
Commencement Date:
Contract Period:

2. The Employer’s Representative for this assignment is or such

>>>
other person as may be appointed from time to time by the Employer and notified to the
Contractor and the Service Provider in writing.

Go to Table of Content
3. The Contractor’s Representative for this assignment is or
such other person as may be appointed from time to time by the Contractor and
notified to the Employer and the Service Provider in writing.

4. The Service Provider is the person, firm or company whose tender for this
assignment has been accepted by the Client.

BACKGROUND AND OBJECTIVES OF THE ASSIGNMENT

>>>
5. The Client is determined to foster a partnering spirit for the project team
which includes the staff of the Employer, Contractor, consultants, sub-contractors and
suppliers involved in the Government works contract through partnering workshops
Go to Table of Conten
and meetings. The partnering workshops and meetings are intended to achieve
enhanced mutual understanding, effective communication and co-operation, and to
enhance project value through the involvement and commitment of all parties
concerned.

6. The workshops and meetings are to be designed to facilitate participants to

understand better project objectives; focus on creative co-operation; avoid adversarial
confrontation; build working relationships based on mutual respect, trust and integrity;
establish a more dynamic project organizational structure and clear line of
communication; and develop a formal problem solving and dispute avoidance
mechanism. The workshops and meetings will also be used as the means to achieve
better project value through mutual recognition and development of improvement
opportunities; enhance effectiveness by preventing unnecessary cost and time
escalations, delays, or unresolved issues or problems; reduce the project time and
improve quality; clarify common objectives; clarify project requirements; and identify
opportunities for simplifying procedures and potential savings in time or costs.

Chapter 5 (Rev. 1) 249

 Project Administration Handbook for Civil Engineering Works 2012 Edition

SERVICES TO BE PROVIDED BY THE SERVICE PROVIDER

Start-up Workshop

7. The Service Provider will initially be required to design and facilitate the
start-up workshop, to be held in . The Service Provider shall use
facilitation skills and all other necessary techniques to achieve the objectives of the

Go to Table of Content
assignment, and to ensure full commitment of all participants. Upon completion of the
start-up workshop, the Service Provider shall provide a full report on all points agreed
during the workshop with a follow-up action plan and post-workshop evaluation
system. The Service Provider shall also prepare 3 copies of the project charter (with
photo frames provided) to be signed up by the participants.

8. The Service Provider shall facilitate participants to develop an evaluation

mechanism for regular monitoring and evaluating the mutual project objectives,
improvement initiatives and partnering relationships. Such mechanism shall record
the project team’s assessed performance for the Government works contract to

>>>
encourage continuous improvement.

9. The Service Provider must perform the work with the degree of skill and care

Go to Table of Content
required by good and sound professional procedures and currently available standards.
He shall take all necessary steps to rectify any part of his work that does not meet
professional standards and/or the Client’s requirements.

10. The start-up workshop shall be designed and conducted by the Lead Facilitator
and the Co-facilitator using the most up-to-date partnering methodologies worldwide.
The Lead Facilitator is the person named in the Form of Tender to be the Lead
Facilitator for this assignment. The Co-facilitator is the person named in the Form of
Tender to be the Co-facilitator for this assignment. The facilitators shall conduct the
workshop in a structured manner using a participatory and collaborative approach.

>>>
The outcome of the workshop shall be action-oriented. At least one of the facilitators
shall be Cantonese-speaking, otherwise the Service Provider may need to provide
translation service at his own expenses.

11. The rate quoted for designing and facilitating the start-up workshop shall cover Go to Table of Conten
the services of the two facilitators for the workshop and the pre-workshop discussions
and meetings, secretarial service at the workshop, preparation of the full report and the
project charter, and the supply of worksheets, workbooks, relevant references and
literature and other workshop material necessary for the effective delivery of the
workshop.

12. The Service Provider shall be required to provide the venue for the workshop.
The rate quoted for providing the venue for a one-day workshop shall cover the rent
and other charges for the venue, lunch and coffee breaks and the provision of necessary
audio and visual equipment and stationery such as paper, pencils, transparencies,
markers, flip charts, TV, LCD projector, overhead projector, etc. The duration for
the start-up workshop shall be from 9:00 a.m. to 6:00 p.m. (inclusive of 1 hour lunch
break).

Chapter 5 (Rev. 1) 250

 Project Administration Handbook for Civil Engineering Works 2012 Edition

13. The facilitators for the workshop shall meet with key project team members in
order to identify major concerns and risks involved with key stakeholders before the
workshop. During such meetings, the facilitators shall clarify all pre-workshop
concerns and issues and prepare all parties for the workshop. The Client shall
forward relevant details of the workshop, e.g. names of participants, scope and progress
of the Government works contract, etc. to the Service Provider before the workshop.

14. Participants will mainly be key members of the project team including staff of
the Employer, Contractor, consultants, sub-contractors and suppliers. The Service

Go to Table of Content
Provider shall prepare and agree the scope, format, structure, agenda, contents and
handout with the Client prior to the workshop. The Service Provider shall provide
each of the participants with a copy of the agenda and handout at the commencement of
the workshop. The Service Provider shall also prepare and supply sufficient
worksheets, workbooks, relevant references and literatures and workshop equipment
and stationery, etc. as necessary for effective delivery of the workshop. The facilitators
shall arrange for their own computer and printer for the workshop.

15. Within seven days from the workshop completion date, the Service Provider
shall furnish to the Client four (4) copies of the post-completion report (in both hard

>>>
copy and electronic format) for the workshop containing the information as mentioned
in clause 7 of this Brief. In addition, the post-completion report shall evaluate the
effectiveness of the workshop and make recommendations for future action. It shall

Go to Table of Content
also contain the salient points of the discussions, findings and conclusions made during
the workshop.

Follow-up Workshops, Partnering Meetings and Introductory Meetings

16. In addition to designing and facilitating the start-up workshop, the Service
Provider may be required to design and facilitate follow-up workshops and partnering
meetings for the project team, and introductory meetings for other staff members of the
Client. However, the services for follow-up workshops, partnering meetings and
introductory meetings may only be required when instructed by the Client, and the

>>>
Service Provider shall have no claims against the Client should these workshops and
meetings are not required for any reasons.

Go to Table of Conten
17. The rate quoted for designing and facilitating the follow-up workshops shall
cover the services of the two facilitators (i.e. the Lead Facilitator and the Co-facilitator)
for the workshops and the pre-workshop discussions and meetings, secretarial service at
the workshops, preparation of the workshop reports, and the supply of worksheets,
workbooks, relevant references and literature and other workshop material necessary
for the effective delivery of the workshops.

18. The rate quoted for attending and facilitating partnering meetings shall cover
the service of either the Lead Facilitator or the Co-facilitator for the meeting with an
evaluation of the effectiveness of the meeting and a recommendation for future action,
as well as the secretarial service for the partnering meetings.

19. The rate quoted for designing and facilitating introductory meetings shall cover
the service of a speaker (who shall be the Lead Facilitator for the workshops) for the
meeting and necessary pre-meetings with key members of the Client, and the supply of
worksheets, workbooks, relevant references and literature and other material necessary

Chapter 5 (Rev. 1) 251

 Project Administration Handbook for Civil Engineering Works 2012 Edition

for the effective delivery of the meetings, as well as the secretarial service for the
meetings and preparation of any reports as requested by the Client.

20. The venue for the follow-up workshops, partnering meetings and introductory
meetings will be approved by the Client.

SPECIALIST AND SUPPORTING SERVICES

Go to Table of Content
21. The Service Provider shall provide all specialist and non-specialist services
deemed necessary for the satisfactory completion of the assignment.

22. Facilitators for the workshops shall be highly trained in facilitation techniques.
The Lead Facilitator shall have at least 3 years of practical relevant experience in
conducting partnering workshops. Both facilitators should preferably have undergone
training in group psychology and group dynamics, and have experience in facilitating
partnering workshops for organizations in Hong Kong.

>>>
REMUNERATION AND PAYMENT TERMS

23. The Service Provider shall be remunerated for the services provided in

Go to Table of Content
accordance with the rates quoted in the Form of Tender. Payment to the Service
Provider shall be made after satisfactory completion of each service including
submission of the report to the reasonable satisfaction of the Client. The rates quoted
in the Form of Tender shall be all inclusive rates. They shall also cover all profits,
insurance, travelling, accommodation, food, subsistence allowance, price fluctuation
and other expenses (e.g. royalties for use of copyright or patented material etc.)
necessary and required for the assignment.

24. The Employer and the Contractor shall each be liable for half of the
remuneration properly due to the Service Provider for the services provided by the

>>>
Service Provider.

25. For each payment for services provided, the Service Provider shall separately

Go to Table of Conten
invoice the Employer and the Contractor for half of the remuneration quoted in the
Form of Tender. The invoices to the Employer or the Contractor shall be certified by
the Employer’s Representative or as the case may be the Contractor’s Representative
within 7 calendar days if the services are considered satisfactorily completed, and be
settled by the Employer or as the case may be the Contractor within another 21
calendar days.

COPYRIGHT

26. Subject to Clause 27, the copyright and all other intellectual property rights in
the reports, minutes, documents or other materials prepared produced or created at the
workshops and meetings or otherwise prepared produced or created by the Service
Provider for the assignment shall vest in the Employer and the Contractor jointly
immediately upon their coming into existence. Upon completion of the services, the

Chapter 5 (Rev. 1) 252

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Service Provider shall deliver to the Employer and the Contractor all copies of such
reports, minutes, documents or other materials.

27. The Service Provider shall draw to the attention of the Client those workshop
materials that are under licence or in respect of which there is a pre-existing copyright
or patent or any other restriction whatsoever affecting the use of the same and procure,
at its sole costs and expense, the grant of irrevocable, royalty-free, worldwide
sub-licensable licences for the benefits of the Client its authorized users assigns and
successors by the relevant third parties in respect of such materials rights for all

Go to Table of Content
purposes contemplated by the assignment.

28. The Service Provider shall at its own costs and expense do and execute any
further things and documents (or procure that the same be done or executed) as may be
required by the Employer and/or the Contractor to give full effect to Clauses 26 and 27
and shall provide all such documents and materials to the Employer and/or the
Contractor within 14 days of the date of the written request of the Employer and/or the
Contractor or such longer period as may be agreed by the Employer and/or the
Contractor in writing.

>>>
29. The Service Provider warrants that:

a) it has full right capacity power and authority to enter into this contract

Go to Table of Content
including without limitation the grant of the rights referred to in Clause
26 upon the terms and conditions of this contract;

b) the exercise of any rights granted under this contract by the Employer
and the Contractor and their authorized users assigns and successors will
not infringe any intellectual property rights of any persons; and

c) in respect of any third party materials used which will be incorporated as

part of the workshop materials, the Service Provider has or shall have a
valid and continuing licence under which it is entitled to use and

>>>
sub-license the relevant materials for the Employer and the Contractor
and their authorized users assigns and successors to use such materials for
all (or any one or more) of the purposes contemplated by this contract.

The Service Provider shall indemnify and keep the Employer and the Go to Table of Conten
Contractor fully and effectively indemnified against all actions, costs, claims,
demands, damages, expenses and liabilities of whatsoever nature for the
infringement of any copyright or other intellectual property rights of any third
party arising out of or in connection with the use and/or possession of any of the
materials supplied by the Service Provider. The provisions of this clause shall
survive the termination of this contract (howsoever occasioned) and shall
continue in full force and effect notwithstanding such termination.

CONFIDENTIALITY

30. The Service Provider shall treat all information (including without limitation
any personal data as defined in the Personal Data (Privacy) Ordinance, Cap.486)
provided by the Client to the Service Provider for this assignment as confidential and

Chapter 5 (Rev. 1) 253

 Project Administration Handbook for Civil Engineering Works 2012 Edition

shall not disclose or divulge it to any person (except to it own employees on a need to
know basis) without the Client’s prior written consent Provided That this clause shall
not extend to any information which was rightfully in the possession of the Service
Provider prior to the commencement of this assignment or which is already in the
public knowledge otherwise than as a result of a breach of this clause.

31. The Service Provider shall take all appropriate measures to ensure security of
such information and shall in all respects comply with the provisions of the Personal
Data (Privacy) Ordinance, Cap. 486.

Go to Table of Content
32. The Service Provider shall indemnify and keep the Client fully and effectively
indemnified against all actions, costs, claims, demands, damages, expenses and liabilities
of whatsoever nature arising from or incurred by reason of any actions and/or claims
made in respect of
a) any breach of confidence by the Service Provider or any of its employees
or agents; and
b) any breach of the provisions of the Personal Data (Privacy) Ordinance,
Cap. 486 which would not have arisen but for the negligence or omission
of the Service Provider.

>>>
33. The provisions of Clauses 30, 31 and 32 shall survive the termination of this
contract (howsoever occasioned) and shall continue in full force and effect

Go to Table of Content
notwithstanding such termination.

CANCELLATION OF WORKSHOPS OR MEETINGS

34. The Client shall have the right to cancel a workshop or a meeting by giving 7
days written notice. In the event that a typhoon warning signal number 8 or above or
black rainstorm warning signal is hoisted on the date of a workshop or a meeting, the
workshop or meeting will automatically be cancelled. If a workshop or a meeting is
cancelled under the above conditions or any other unforeseeable conditions not due to

>>>
the Service Provider’s own fault, the Service Provider will be reimbursed for the actual
expenses incurred, such as non-refundable deposit paid for the venue, and the Service
Provider shall have no other claims against the Client.

Go to Table of Conten
DECLARATION OF INTEREST

35. The Service Provider shall declare any involvement or interest which he
considers to be in real or apparent conflict with the duties to be performed for the
assignment.

OTHER TERMS

36. The tenderer for the assignment shall submit with his tender a technical
information for the purpose of assessing the tenderer’s competence in satisfactorily
completing the assignment.

Chapter 5 (Rev. 1) 254

 Project Administration Handbook for Civil Engineering Works 2012 Edition

37. Upon acceptance of a tender by the Client, the Client shall confirm this to the
successful tenderer in writing. The Acceptance Letter, this Brief and the Form of
Tender shall be construed as a binding contract valid for the whole contract period of
the Government works contract. The Client shall confirm the preferred date of a
workshop or a meeting to the Service Provider in writing. Any failure of the Service
Provider to provide the service after the above written confirmation may render him
liable for the damages incurred by the Client in this connection.

38. The Client shall have the right to withhold payment in whole or in part should

Go to Table of Content
the Service Provider fail to meet the requisite professional standards and the Client’s
requirements.

39. Once the Service Provider’s tender has been accepted by the Client, the Lead
Facilitator and the Co-facilitator shall not be changed without the prior written
approval from the Client.

ENQUIRIES FOR CLARIFICATION AND DETAILS

>>>
40. Please contact the Employer’s Representative or the Contractor’s
Representative at the following addresses and contact numbers:

Go to Table of Content
Employer’s Representative Contractor’s Representative
Name: Name:
Address: Address:
Tel No: Tel No:
Fax No: Fax No:
E-mail: E-mail:

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 255

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.29 CONTRACT PROVISIONS – REVISED APPENDICES E, F & G

OF WBTC NO. 13/2001 AND REVISED APPENDIX I OF ETWB
TCW NO. 13/2001A
(Ref.: SDEV’s memo ref. (025B1) in DEVB(W) 520/83/01 dated
26.1.2010)

Revised Appendix E

Go to Table of Content
Special Condition of Tender to be incorporated into tender documents for contracts
requiring the contractor to have obtained the Certification

(1) The tenderer shall, upon written request by the 1Architect/Engineer designate
issued in accordance with General Conditions of Tender Clause 25, submit to
the 1Architect/Engineer/designate:
EITHER
(a) a copy of his ISO 9001:2000# or ISO 9001:2008 certificate acceptable to
the Employer showing the scope of certification and a statement either:
(i) confirming that there is no area/aspect in the Contract which his quality

>>>
system specifically excludes; or
(ii) disclosing the areas/aspects in the Contract which his quality system
specifically excludes.

Go to Table of Content
OR
(b) where the tenderer due to circumstances beyond his control has not
obtained ISO 9001:2000# or ISO 9001:2008 certification:
(i) a copy of the confirmation from a certification body acceptable to the
Employer, stating that a full review of the Quality Manual of the
tenderer's Hong Kong office has been carried out in Hong Kong and such
Quality Manual has been found to be in conformity with the requirements
of the ISO 9001:2000# or ISO 9001: 2008 standard; and
(ii) an undertaking that within three months of the acceptance of tender, he
would book with the certification body the date of audit for the ISO

>>>
9001:2000# or ISO 9001:2008 certification; with detailed documented
quality system procedures ready at the time of booking.
(2) Where the tenderer is a joint venture, he shall, upon written request by the

Go to Table of Conten
1
Architect/Engineer designate issued in accordance with General Conditions of
Tender Clause 25, submit to the 1Architect/Engineer designate :
(a) a statement declaring that he shall implement the quality system of one of
his participants or shareholders and specifying which one;
(b) a copy of the written notification to the certification body of the specified
participant or shareholder that the joint venture shall implement the
quality system of the specified participant or shareholder and the written
agreement of all participants or, as the case may be, shareholders of the
joint venture that the activities of the joint venture shall be subject to the
surveillance of the certification body; and
(c)(i) a copy of his specified participant or shareholder's IS0 9001:2000# or ISO
9001: 2008 certificate acceptable to the Employer showing the scope of
certification and a statement either:

WBTC No. 13/2001 Revised Appendix E Page E1 of 2

Chapter 5 (Rev. 1) 256

 Project Administration Handbook for Civil Engineering Works 2012 Edition

(A) confirming that there is no area/aspect in the Contract which the

specified participant or shareholder's quality system specifically
excludes; or
(B) disclosing the areas/aspects in the Contract which the specified
participant or shareholder's quality system specifically excludes.
OR
(ii) where the specified participant or shareholder due to circumstances
beyond his control has not obtained the ISO 9001:2000# or ISO 9001:2008

Go to Table of Content
certification:
(A) a copy of the confirmation from a certification body acceptable to
the Employer, stating that a full review of the Quality Manual of the
specified participant or shareholder's Hong Kong office has been
carried out in Hong Kong and such Quality Manual has been found
to be in conformity with the requirements of ISO 9001:2000# or ISO
9001:2008 standard; and
(B) an undertaking that within three months of the acceptance of tender,
the specified participant or shareholder would book with the
certification body the date of audit for the ISO 9001:2000# or ISO

>>>
9001:2008 certification; with detailed documented quality system
procedures ready at the time of booking.
(3) The submission under sub-clause (2)(a) of this Special Conditions of Tender, if

Go to Table of Content
applicable, shall form part of the Contract.

# For use before 15 November 2010

1
Delete as appropriate.

>>>
Go to Table of Conten

WBTC No. 13/2001 Revised Appendix E Page E2 of 2

Chapter 5 (Rev. 1) 257

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Revised Appendix F

Special Condition of Contract to be incorporated into tender documents for contracts

requiring the contractor to have obtained ISO 9000 certification

SCC - ISO 9000 Certification for the Contractor

Go to Table of Content
(1) Within three months of the acceptance of the Tender, the Contractor shall book
with a certification body acceptable to the Employer the date of audit for the ISO
9001:2000# or ISO 9001:2008 certification; with detailed documented quality system
procedures ready at the time of booking. If the Contractor is a joint venture, the date
of audit for the ISO 9001:2000# or ISO 9001:2008 certification shall mean that of the
specified participant or shareholder in the statement submitted in accordance with SCT
[ ].
§

(2) Notwithstanding any other provisions in the Contract, compliance with

sub-clause (1) of this Clause shall be a condition precedent to the Contractor's

>>>
entitlement to any payment or any further payment as the case may be under the
Contract.

Go to Table of Content
(3) Sub-clauses (1) and (2) of this Clause are not applicable if the Contractor or,
where the Contractor is a joint venture, its specified participant or shareholder has
already obtained the ISO 9001:2000# or ISO 9001:2008 certification on or before the
date of acceptance of the Tender.

#
For use before 15 November 2010

§ Insert the clause number of the SCT dealing with ISO 9000 Certification for the

>>>
Contractor.

Go to Table of Conten

WBTC No. 13/2001 Revised Appendix F Page F1 of 1

Chapter 5 (Rev. 1) 258

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Revised Appendix G

Special Condition of Contract to be incorporated into tender documents for contracts

where the main contractor is required to enter into written sub-contracts with the
contractors on the categories and/or groups of the Lists shown in Appendix C

SCC – ISO 9000 Certification for Sub-contractor

General Conditions of Contract Clause 4 is amended by adding the following:

Go to Table of Content
(7) The approved listed contractor to be engaged in accordance with sub-clause (6) of
this Clause for [specify the relevant categories and/or groups of works]:
shall either:

(a) have obtained an ISO 9001:2000# or ISO 9001:2008 certificate acceptable to the
Employer with the scope of certification acceptable to the Architect/Engineer; or

(b) (i) have obtained a confirmation from a certification body acceptable to the
Employer, stating that a full review of the Quality Manual of its Hong
Kong office has been carried out in Hong Kong and such Quality Manual

>>>
has been found to be in conformity with ISO 9000 the requirements of the
ISO 9001:2000# or ISO 9001:2008; and

Go to Table of Content
(ii) submit an undertaking to the Engineer that within three months of the
execution of the sub-contract, it would book with the certification body the
date of audit ISO 9001:2000# or ISO 9001:2008 certification; with detailed
documented quality system procedures ready at the time of booking.

(8) (a) If the works specified in sub-clause (7) of this Clause are to be carried out by
the Contractor itself, in which case the Contractor must be listed in the relevant
category and/or group, it shall within three months of the acceptance of Tender,
book with a certification body acceptable to the Employer the date of audit for
the ISO 9001:2000# or ISO 9001:2008 certification, with detailed documented

>>>
quality system procedures ready at the time of booking. If the respective
works are to be carried out through a sub-contract by an approved listed
contractor, then the Contractor shall procure that the approved listed

Go to Table of Conten
contractor shall carry out such booking within three months of execution of the
sub-contract.

(b) Notwithstanding any other provisions in the Contract, compliance with sub-clause
(8)(a) of this Clause shall be a condition precedent to the Contractor's entitlement
to any payment, or any further payment, as the case may be, for the works
specified in sub-clause (7) of this Clause under the Contract.

(c) Sub-clauses (8)(a) and (8)(b) of this Clause are not applicable if the Contractor
has already obtained ISO 9001:2000# or ISO 9001:2008 certification on or before
the acceptance of the Tender or, as the case may be, the approved listed
contractor has already obtained the ISO 9001:2000# or ISO 9001:2008
certification on or before the date of execution of the sub-contract.

# For use before 15 November 2010

WBTC No. 13/2001 Revised Appendix G Page G1 of 1

Chapter 5 (Rev. 1) 259

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Revised Appendix I
Special Condition of Tender to be incorporated into tender documents of design and build
contracts

SCT - Contractors under suspension

(a) If the tenderer or, if the tenderer is a partnership or an unincorporated or

incorporated joint venture, any participant of the partnership or unincorporated joint
venture or shareholder of the incorporated joint venture is under suspension from

Go to Table of Content
tendering for *any of/*all of the following category [or categories] of public works, his
tender will not be considered unless the suspension is lifted by the relevant works
department or the Development Bureau by the date set for the close of tender, or if this has
been extended, the extended date.

[list the category or categories of public works]

Provided that the tender will still be considered if the suspension is due solely to the
failure of the tenderer to obtain ISO 9001:2000# or ISO 9001:2008 certification.

>>>
(b) If the tenderer or, if the tenderer is a partnership or an unincorporated or
incorporated joint venture, any participant of the partnership or unincorporated joint
venture or shareholder of the incorporated joint venture is under voluntary suspension

Go to Table of Content
from tendering for *any of/all of the following category [or categories] of public works at
the date of tender invitation but who subsequently revokes the voluntary suspension
without agreement in writing from either the relevant works department or the
Development Bureau, its tender will not be considered.

[list the category or categories of public works]

Provided that the tender will still be considered if the voluntary suspension is
undertaken by the tenderer due solely to its failure to obtain the ISO 9001:2000# or

>>>
9001:2008 certification.

Go to Table of Conten
* Delete whichever is inappropriate
#
For use before 15 November 2010

WBTC No. 13/2001 Revised Appendix I Page I1 of 1

Chapter 5 (Rev. 1) 260

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.30 PARTICULAR SPECIFICATIONS TO FACILITATE THE USE OF

RECYCLED AGGREGATES IN CONCRETE PRODUCTION
(Ref.: WBTC No. 12/2002)

Particular Specification for Prescribed Mix Concrete

with 100% Recycled Coarse Aggregate

Go to Table of Content
Scope This Particular Specification is only applicable to concrete of 20 MPa
grade strength.

Application Concrete with 100% recycled coarse aggregate shall only be used in
benches, stools, planter walls, concrete mass walls and other minor
concrete structures where specifically permitted in the contract.

General Concrete shall comply with Section 16 of GS and the additional

Requirements requirements given below. In case of discrepancies, the requirements in
this Particular Specification shall take precedence.

>>>
Recycled Recycled Coarse Aggregate shall be produced by crushing old concrete
Coarse and shall meet the requirements in Table 1.

Go to Table of Content
Aggregates

Fine Fine aggregate shall be within the limits of grading M in BS 882.

Aggregates
Fine aggregate derived from recycled concrete shall not be used.

Grading The grading of the coarse aggregates shall comply with the limits of
Table 3 of BS 882:1992 for single-sized 20 mm and 10 mm aggregates.

Mix Concrete shall be mixed in the following proportions:

>>>
Proportions
Ordinary Portland Cement : 100 Kg
Fine Aggregate : 180 Kg

Go to Table of Conten
20 mm Coarse Aggregate : 180 Kg
10 mm Coarse Aggregate : 90 Kg

Workability Recycled coarse aggregates have to be thoroughly wetted before being

used.

The concrete shall have a slump of 75 mm when it is ready to be

compacted to its final position.

Test Cubes 4 concrete cubes shall be made on each concreting day, 2 for crushing
tests at 7 days and another 2 at 28 days.

Minimum The minimum concrete cube strength shall be 14 MPa and 20 MPa at 7
Strength and 28 days respectively.

Chapter 5 (Rev. 1) 261

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Trials Laboratory trials shall be conducted to confirm that the strength

requirement can be met before the prescribed mix is used in the works.
The 28 day strength of each of the 3 cubes in the trial shall not be less
than 26 MPa.

Table 1

Mandatory Requirements Limits Testing Method

Go to Table of Content
Minimum dry particle density 2000 BS 812: Part 2
(kg/m3)

Max. water absorption 10 % BS 812: Part 2

Max. content of wood and 0.5 % Manual sorting in

other material less dense than accordance with
water BRE Digest 433

>>>
Max. content of other foreign 1%
materials (e.g. metals, plastics,
clay lumps, asphalt and tar,

Go to Table of Content
glass etc)

Max. fines 4 % - Note 1 BS 812: Section 103.1

Max. content of sand (<4mm) 5% BS 812: Section 103.1

(% m/m)

Max. content of sulphate 1% BS 812: Part 118

(%m/m)

>>>
Flakiness index 40 % - Note 2 BS 812: Section 105.1

Go to Table of Conten
10% fines test 100 kN - Note 3 BS 812: Part 111

Grading Table 3 of BS 882:1992

Maximum Chloride content Table 7 of BS 882 –

0.05% by mass of
chloride ion of combined
aggregate – Note 4

Note 1 Filler (<0.063mm) should be less than 2% in the RILEM Specification. BS

882 says that fines passing 75μm sieve shall not exceed 4 %. The latter
requirement is easier to satisfy.

Note 2 Clause 16.08 (3) of the General Specification for Civil Engineering Works
(GS) states that flakiness shall not exceed 35% whereas BS 882 states that

Chapter 5 (Rev. 1) 262

 Project Administration Handbook for Civil Engineering Works 2012 Edition

it shall not exceed 40% for crushed rock or crushed gravel.

Note 3 Clause 16.08(3) of GS states that the 10% fines value shall be at least
100kN. BS 882 states that the 10% fines value to be 50kN for concrete not
subjected to wearing. BRE Digest 433 states that 70kN is achievable in
recycled aggregate derived from brickwork, and 100kN for those derived
from crushed concrete. In recent tests carried out on recycled aggregates
derived from old concrete, 100kN can be satisfied.

Go to Table of Content
Note 4 BRE Digest 433 recommends to determine acid soluble chloride rather
than water soluble chloride.

Particular Specification for Designed Mix Concrete

with 20% Recycled Coarse Aggregate

Scope This Particular Specification is only applicable to designed mix

concrete of 25-35 MPa grade strength.

>>>
Application Concrete with 20 % recycled coarse aggregates is for general
application except in water retaining structures or otherwise
precluded in the contract.

Go to Table of Content
Cementitious Only ordinary Portland Cement to BS 12 shall be used.
Material

Coarse Coarse aggregates shall consist of 80% natural rock aggregates as

Aggregates defined in Cl. 16.08(3) of GS and 20% recycled coarse aggregates.

Recycled Coarse Aggregates shall be produced by crushing old

concrete and shall meet the requirements in Table 1.

>>>
Tests on recycled aggregates from a particular source shall be
carried out at weekly intervals to check compliance with Table 1.

Go to Table of Conten
Fine Fine aggregates shall be as defined in Cl.16.08(2) of GS.
Aggregates
Fine aggregates recycled from old concrete shall not be used.

Grading The grading of the coarse aggregates shall comply with the limits of
Table 3 of BS 882:1992 for single-sized 20 mm and 10 mm
aggregates.
Workability Recycled coarse aggregates have to be thoroughly wetted before
being used.

The concrete shall have a minimum slump of 75 mm when it is ready

to be compacted to its final position.

Laboratory mix Before any concrete is produced for use in the works, laboratory
trials and plant trials and plant trials must be performed in accordance with Cl.

Chapter 5 (Rev. 1) 263

 Project Administration Handbook for Civil Engineering Works 2012 Edition

trials 16.25 and Cl.16.24 of GS respectively.

Compliance Compliance criteria shall be as in Cl. 16.27 and Cl. 16.26 of GS

Criteria respectively if 150 mm cubes are used.

If 100 mm cubes are used, the modified compliance criteria will

apply.

Concrete Recycled aggregates have to be stored in separate stockpiles or silos

Go to Table of Content
batching to prevent inadvertent mixing with natural aggregates.

A separate compartment must be provided for recycled aggregates

in the batching plant.

Table 1

Mandatory Requirements Limits Testing Method

>>>
Minimum dry particle density 2000 BS 812: Part 2
(kg/m3)

Go to Table of Content
Max. water absorption 10 % BS 812: Part 2

Max. content of wood and other 0.5 % Manual sorting in

material less dense than water accordance with
BRE Digest 433
Max. content of other foreign 1%
materials (e.g. metals, plastics,
clay lumps, asphalt and tar,
glass etc)

>>>
Max. fines 4 % - Note 1 BS 812: Section 103.1

Go to Table of Conten
Max. content of sand (<4mm) 5% BS 812: Section 103.1
(% m/m)

Max content of sulphate 1% BS 812: Part 118

(%m/m)

Flakiness index 40 % - Note 2 BS 812: Section 105.1

10% fines test 100 kN - Note 3 BS 812: Part 111

Grading Table 3 of BS 882:1992

Maximum Chloride content Table 7 of BS 882 –

0.05% by mass of
chloride ion of
combined aggregate –

Chapter 5 (Rev. 1) 264

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Note 4

Note 1 Filler (<0.063mm) should be less than 2% in the RILEM Specification. BS

882 says that fines passing 75μm sieve shall not exceed 4 %. The latter
requirement is easier to satisfy.

Note 2 Clause 16.08 (3) of the General Specification for Civil Engineering Works
(GS) states that flakiness shall not exceed 35% whereas BS 882 states that it
shall not exceed 40% for crushed rock or crushed gravel.

Go to Table of Content
Note 3 Clause 16.08(3) of GS states that the 10% fines value shall be at least 100 kN.
BS 882 states that the 10% fines value to be 50kN for concrete not subjected
to wearing. BRE Digest 433 states that 70kN is achievable in recycled
aggregate derived from brickwork, and 100 kN for those derived from
crushed concrete. In recent tests carried out on recycled aggregates derived
from old concrete, 100 kN can be satisfied.

Note 4 BRE Digest 433 recommends to determine acid soluble chloride rather than
water soluble chloride.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 265

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.31 GENERAL GUIDELINES ON SITE PRACTICE FOR BUILDING

AND CIVIL ENGINEERING GRADUATES
(Ref.: ETWB TCW No. 12/2003)

Experience with regard to site practice should, where possible, be provided in the following
areas;

Go to Table of Content
- Planning and programming of construction
- Resource planning, allocation and control
- Methods of construction and their proper sequence, including design of temporary
works
- Setting out works and knowledge of surveying instrument
- Mechanical plant including knowledge of use, capacity, output & cost
- Materials including their cost, storage and handling problems, quality and other
characteristics
- Testing materials

>>>
- Measurement of work
- Valuation of variations including variation orders
- Interim statements and certificates

Go to Table of Content
- Site safety
- Working conditions and welfare
- Liaison with other organizations and the public
- Site administration including control and management of subordinates
- Site records and reports

Note :
The guidance on site practice is reproduced from the section on training for a Civil

>>>
Engineer (Technologist) in the current Report on “Training Programmes for Principal Jobs
in the Building and Civil Engineering Industry, Volume One : Technologists Jobs”. The
Report was prepared by the Building and Civil Engineering Industry Training Board of the

Go to Table of Conten
Vocational Training Council.

Chapter 5 (Rev. 1) 266

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.32 CONTRACT MEASURES FOR TECHNICIAN APPRENTICES AND

BUILDING & CIVIL ENGINEERING GRADUATES
(Ref.: ETWB TCW No. 12/2003)

Special Conditions of Contract for Technician Apprentices and Building and Civil
Engineering Graduates

“SCC [ ](1) The Contractor shall employ at least the minimum number of technician

Go to Table of Content
apprentices and building or civil engineering graduates as specified in the Contract.

(2) Where the Contractor employs the technician apprentice(s) pursuant to sub-clause (1) of
this Clause, the Contractor shall ensure that all employed technician apprentice(s) attend a
course of instruction at an approved technical institution leading to the award of either a
Higher Certificate in Building Studies, Civil Engineering, Building Services or other
comparable alternative qualification.

(3) Where the Contractor employs the building or civil engineering graduate(s) pursuant to
sub-clause (1) of this Clause, the Contractor shall ensure that all employed graduate(s) are

>>>
provided with practical training on site for a minimum of 12 months or 70% of the time for
completion of the Works as stipulated in the Appendix to the Form of Tender, whichever is
longer, and follow established training guidelines for the relevant disciplines as far as

Go to Table of Content
possible.”

Particular Specification

1 The Contractor shall employ for each capital works contract exceeding $50M the
corresponding minimum number of technician apprentices under a valid contract
of apprenticeship, as set out in the following table. The contractor shall provide to
the procuring department the names of technician apprentices employed, together

>>>
with evidence of each technician apprentice’s contract of apprenticeship, within
three months after the date of commencement of the contract. Any subsequent
changes on the employed technician apprentices must also be reported to the

Go to Table of Conten
procuring department within 1-month time.

For a contract the contract sum of

(a) which exceeds $50 million but is not - one
more than $100 million.
For a contract the contract sum of
(b) which exceeds $100 million but is not - two
more than $200 million.
For a contract the contract sum of
(c) - three
which exceeds $200 million.

2 The Contractor shall employ for each capital works contract exceeding $50M the
corresponding minimum number of building or civil engineering graduate with an
academic qualification gained within the preceding three years, and recognised by

Chapter 5 (Rev. 1) 267

 Project Administration Handbook for Civil Engineering Works 2012 Edition

an appropriate local or overseas professional institution, such as the Hong Kong

Institute of Architects, the Hong Kong Institution of Engineers, the Institution of
Civil Engineers, the Institution of Structural Engineers or the Chartered Institute
of Building, as set out in the following table. The contractor shall provide to the
procuring department the names of the building or civil engineering graduates
employed, together with evidence of each graduate’s terms or contract of
employment and the qualified professional supervising such graduates, within three
months after the date of commencement of the contract. Any subsequent changes
on the employed graduates must be reported to the procuring department within

Go to Table of Content
1-month time.

For a contract the contract sum of which

(a) exceeds $50 million but is not more than - one
$100 million.
For a contract the contract sum of which
(b) - two
exceeds $100 million.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 268

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.33 GCT 4 - SUBMISSION OF TENDER (FORMULA APPROACH AND

MARKING SCHEME)
(Ref.: SDEV’s memo ref. (026NM-01-3) in DEVB(W) 546/17/01 dated
25.6.2010)

Clause Remarks/Guidelines

Go to Table of Content
GCT 4 Submission of Tender (Formula Approach)
(1) The following documents shall be For tenders not using a marking
enclosed in a sealed envelope addressed, scheme for tender evaluation.
endorsed and deposited as required by
the Gazette Notification or Letter of
Invitation to Tender or the Tender
Notice:

(a) One set of the documents referred to in * Delete/Modify as appropriate.

Clause 2(b)* above with:

>>>
(i) The Form of Tender in hard copy Note:
format duly completed and signed. 1. Delete the option of electronic

Go to Table of Content
submission when the Bills of
*(ii) The *Bills of Quantities/ *Schedule of Quantities or Schedule of
Quantities/*Schedule of Rates in either Quantities or Schedule of Rates
hard copy format or electronic format in the EDP have not been
[See Note 1] fully priced as to each item, provided in Excel format.
extended, cast and totalled as
appropriate. [See also Note 2] 2. In some contracts, e.g. term
contracts, tenderers are not
required to return the Schedule
*(iii) Summary of Tender in either hard copy of Rates etc. in which case

>>>
format or electronic format. sub-clause (1)(a)(ii) should be
deleted.
*(iv) Column 3 in the Schedule of

Go to Table of Conten
Proportions to be used in calculating the
Price Fluctuation Factor completed, in
hard copy format.

*(v) *Plant and Labour Schedule/

*Equipment Schedule/ *Schedules of
Particulars completed, in either hard
copy format or in electronic format.

(b) A copy each of the documents 3. Attach an appendix to the GCT

submitted under sub-clauses (1)(a)(i), on the prevailing technical
*(1)(a)(ii), *(1)(a)(iii) and *(1)(a)(iv) of requirements for tender
this Clause. submission in electronic format
(Appendix 4 to ETWB TCW
(c) The submissions that are required by No. 11/2005).

Chapter 5 (Rev. 1) 269

 Project Administration Handbook for Civil Engineering Works 2012 Edition

the General Conditions of Tender

(GCT) and Special Conditions of
Tender (SCT). * Delete/Modify as appropriate.
** Works Departments should
(2) If a tenderer submitted the documents stipulate the prevailing rates
required under sub-clause (1)(a) of this which may from time to time be
Clause in electronic format as allowed prescribed by the Secretary for
thereunder but failed to submit the Financial Services and the
required copy under sub-clause (1)(b) of Treasury. Ref: FSTB memo

Go to Table of Content
this Clause, the tender opening team ref. (9) in FT 8/86 Pt. 2 dated
shall make the required copy in 10.12.2003 and memo ref. (20)
electronic format on the tenderer's in PW1 TB/GEN/04 dated
behalf. The tenderer may be asked to 16.3.2004.
bear the cost of making the copy. The
cost of duplication is currently set at
$50** per electronic file and the
material charge at $9.50** per
CD-ROM.

>>>
(3) If a tenderer submitted the documents
required under sub-clause (1)(a) of this

Go to Table of Content
Clause in hard copy format as allowed
or required thereunder but failed to
submit the required copy under
sub-clause (1)(b) of this Clause, the
tender opening team shall make the
required photocopies on the tenderer's
behalf. The tenderer may be asked to
bear the cost of making the photocopies.
The cost of photocopying is currently
set at $5.5/$12** per copied page, which

>>>
cost also covers material.

(4) If a tenderer elects to submit the priced

Go to Table of Conten
*Bills of Quantities/ *Schedule of
Quantities/ *Schedule of Rates in hard
copy format and where a hard copy has
been supplied by the Employer, he
should price the *Bills of Quantities/
*Schedule of Quantities/ *Schedule of
Rates on the hard copy supplied by the
Employer. If a tenderer fails to do so,
any extra cost incurred by the
Employer in checking whether the
printed descriptions or figures of the
tender are identical to those in the hard
copy supplied by the Employer is
recoverable by the Employer as a debt.
The tenderer whose tender has been so

Chapter 5 (Rev. 1) 270

 Project Administration Handbook for Civil Engineering Works 2012 Edition

checked shall pay such cost if demanded

by the Employer.

(5) Where a document may be submitted in

hard copy format or electronic format
and if a tenderer makes two
submissions for the same document, one
in hard copy format and one in
electronic format, the submission in

Go to Table of Content
hard copy format shall be discarded.

(6) All submissions in electronic format

shall comply with the requirements set
out in Appendix [ ] [See Note 3].

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 271

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Clause Remark/Guidelines
GCT 4 Submission of Tender (Marking Scheme)
(1) The following documents shall be placed Alternative Clause 4 for tenders
in two separate envelopes as specified using a marking scheme for tender
below and the two envelopes shall then evaluation
be enclosed in a sealed envelope
addressed, endorsed and deposited as

Go to Table of Content
required by the Gazette Notification or
Letter of Invitation to Tender or the
Tender Notice:

In an envelope clearly marked with the

tender reference and the words 'Tender
Price Documents'

(a) One set of documents referred to in * Delete/Modify as appropriate.

Clause 2(b)* above with:

>>>
(i) The Form of Tender in hard copy Note:
format duly completed and signed. 1. Delete the option of electronic

Go to Table of Content
submission when the Bills of
*(ii) The *Bills of Quantities/*Schedule of Quantities or Schedule of
Quantities/*Schedule of Rates in either Quantities or Schedule of Rates
hard copy format or electronic format in the EDP have not been
[See Note 1] fully priced as to each item, provided in Excel format.
extended, cast and totalled as
appropriate. [See Note 2] 2. In some contracts, e.g. term
contracts, tenderers are not
*(iii) Summary of Tender in either hard copy required to return the Schedule

>>>
format or electronic format. of Rates etc. in which case
sub-clause (1)(a)(ii) should be
deleted.
*(iv) Column 3 in the Schedule of

Go to Table of Conten
Proportions to be used in calculating 3. All submissions required from
the Price Fluctuation Factor completed, tenderers should be stated,
in hard copy format quoting where the details of the
requirements are given, e.g.
(b) A copy each of the documents submitted Clause 1 of the Special
under sub-clauses (1)(a)(i), *(1)(a)(ii), Conditions of Tender.
*(1)(a)(iii) and *(1)(a)(iv) of this Clause.
4. Attach an appendix to the GCT
on the prevailing technical
(c) The following submissions that are requirements for tender
required by the General Conditions of submission in electronic format
Tender (GCT) and Special Conditions (Appendix 4 to ETWB TCW
of Tender (SCT) [See Note 3]: No. 11/2005).
(i) ……………… (GCT Clause [ ])
(ii) ………………(SCT Clause [ ] )

Chapter 5 (Rev. 1) 272

 Project Administration Handbook for Civil Engineering Works 2012 Edition

In another envelope clearly marked

with the tender reference and the words
'Technical Submission'

(d) Submissions on technical resources and

technical proposals which are the
subject of evaluation in accordance with
the marking scheme at [Annex to Notes

Go to Table of Content
to Tenderers] #[and more particularly
described in Special Conditions of
Tender Clause ], in either hard copy
format or electronic format.

(e) The following submissions that are

required by the General Conditions of
Tender (GCT) and Special Conditions
of Tender (SCT) [See Note 3]:

>>>
(i) ……………… (GCT Clause [ ] )
(ii) ………..……..(SCT Clause [ ] )

Go to Table of Content
(2) If a tenderer submitted the documents ** Works Departments should
required under sub-clause (1)(a) of this stipulate the prevailing rates
Clause in electronic format as allowed which may from time to time be
thereunder but failed to submit the prescribed by the Secretary for
required copy under sub-clause (1)(b) of Financial Services and the
this Clause, the tender opening team Treasury. Ref: FSTB memo
shall make the required copy in ref. (9) in FT 8/86 Pt. 2 dated
electronic format on the tenderer's 10.12.2003 and memo ref. (20)
behalf. The tenderer may be asked to in PW1 TB/GEN/04 dated
bear the cost of making the copy. The 16.3.2004.

>>>
cost of duplication is currently set at
$50** per electronic file and the
material charge at $9.50** per

Go to Table of Conten
CD-ROM.

(3) If a tenderer submitted the documents

required under sub-clause (1)(a) of this
Clause in hard copy format as allowed
or required thereunder but failed to
submit the required copy under
sub-clause (1)(b) of this Clause, the
tender opening team shall make the
required photocopies on the tenderer's
behalf. The tenderer may be asked to
bear the cost of making the photocopies.
The cost of photocopying is currently set
at $5.5/$12** per copied page, which
cost also covers material.

Chapter 5 (Rev. 1) 273

 Project Administration Handbook for Civil Engineering Works 2012 Edition

(4) If a tenderer elects to submit the priced

*Bills of Quantities/*Schedule of
Quantities/ *Schedule of Rates in hard
copy format and where a hard copy has
been supplied by the Employer, he
should price the *Bills of Quantities/
*Schedules of Quantities/ *Schedule of
Rates on the hard copy supplied by the

Go to Table of Content
Employer. If a tenderer fails to do so,
any extra cost incurred by the
Employer in checking whether the
printed descriptions or figures of the
tender are identical to those in the hard
copy supplied by the Employer is
recoverable by the Employer as a debt.
The tenderer whose tender has been so
checked shall pay such cost if demanded
by the Employer.

>>>
(5) Where a document may be submitted in

Go to Table of Content
hard copy format or electronic format
and if a tenderer makes two
submissions for the same document, one
in hard copy format and one in
electronic format, the submission in
hard copy format shall be discarded.

(6) All submission in electronic format shall

comply with the requirements set out in
Appendix [ ] [See Note 4].

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 274

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.34 EMPIRICAL FORMULAE FOR CALCULATION OF LIQUIDATED

DAMAGES
(Ref.: ETWB TCW No. 4/2003)

The following empirical formulae may be used to calculate the components of LD’s to be
specified in the Contract unless an alternative, more accurate assessment can be made.

(a) Recovery on Capital Invested (Notes 1 & 4)

Go to Table of Content
(C+E) * (1–V)*P
Daily LD’s =
365

(b) Site Supervisory Costs (Notes 2 & 4)

S
Daily LD’s =
T

(c) Fluctuation (Note 3)

>>>
V*C*T*F
Daily LD’s =
2 * D * 365

Go to Table of Content
Where C = the contract value of the Works (including preliminary items
and the Provisional Sum for price fluctuations (if any) but
excluding the payment for site safety, Contingency Sum and
daywork) or, as the case may be, the contract value of the
Section (including a share of preliminary items and the
Provisional Sum for price fluctuations).

D = the assumed delay in days for the completion of the Works,

>>>
or the delay in completion of a Section.

E = the estimated lump sum cost for providing professional and

Go to Table of Conten
site supervisory staff.

F = the assumed annual change in the Price Fluctuation Factor

applicable to the Contract.

P = the assumed lending rate (% per annum) during the course

of the Contract.

S = the estimated lump sum site supervisory costs.

T = the time in days for completion of the Works, or time for

completion of a Section.

V = the assumed value of outstanding works in percentage of C

at time for completion.

Chapter 5 (Rev. 1) 275

 Project Administration Handbook for Civil Engineering Works 2012 Edition

The following guidelines are provided for reference:

(i) D may be determined by reference to department’s record of

similar or equivalent contracts completed in the past 5 years;

(ii) E and S vary with the size and complexity of the project as
well as the prevailing level of charge for professional service.
They should exclude contingent sums such as allowance for
supervisory costs during extended contract periods;

Go to Table of Content
(iii) the average annual change in the Price Fluctuation Factor
pertaining to the contract based on the past 5-year record
may be taken as F;

(iv) the quoted best lending rate (% per annum) of the Hong
Kong Monetary Authority recorded in the latest issue of the
Hong Kong Monthly Digest of Statistics published by the
Census and Statistics Department, Hong Kong may be taken
as P; and

>>>
(v) V should be determined based on the value of D, the
construction sequence and the rates for the works.

Go to Table of Content
Note 1. If it is possible to carry out a cost-benefit analysis, such as the estimated daily
revenue expected from the facility on completion, this sum should replace that
derived by formula at (a).

2. The formula at (b) applies where site supervisory costs are likely to continue at
a constant rate during the period of delay. See also Paragraph 3.3.4.

3. Daily LD’s at (c) only apply to contracts to which price fluctuations apply.

>>>
4. For term contracts, it is not possible to estimate a lump sum value for E & S
applicable to all works orders. The following formulae may be used in lieu of
that in (a) and (b):

(i) Recovery on Capital Invested (alternative version for term contracts) Go to Table of Conten

(1 + E1) * (1–V) *C*P

Daily LD’s =
365

(ii) Site Supervisory Costs (alternative version for term contracts)

C*S1
Daily LD’s =
T

Where E1 = the estimated cost for providing professional and site

supervisory staff in percentage of C.

S1 = the estimated site supervisory costs in percentage of C.

Chapter 5 (Rev. 1) 276

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.35 GUIDELINES ON CALCULATION OF LIQUIDATED DAMAGES

(Ref.: ETWB TCW No. 4/2003)

ANNEX A - SUGGESTED FORMAT FOR CALCULATION OF LIQUIDATED

DAMAGES

Title of Contract
_________________________________________________________________________

Go to Table of Content
Contract No.
______________________________Date_______________________________________
Estimated final contract sum (including contingencies)
$_____________________________SECTION__________________________________
_________________________________________________________________________

Value of Section (C) = $

(include preliminaries but exclude contingencies)

Time for Completion of Section (T) = days

>>>
Interest Rate (P) = %

Assumed delay in completion of the Section = days

Go to Table of Content
(D)
Value of outstanding work at time for = %
completion (V)
Cost of Professional service and site supervision =
(E)/(E1)
Site supervisory costs (S)/(S1) =

Annual change in the Price Fluctuation Factor = %

(F)

>>>
(a) Recovery on capital invested
[(C+E) * (1-V) * P ÷ 365] OR = $
[(1+E1)*(1-V)*C*P÷ 365]

Go to Table of Conten
OR

Daily rate of economic benefit = $

(b) Site Supervisory Costs

(i) [S ÷ T] OR C * S1 ÷T = $
(ii) Minimum site Supervisory Costs = $

(c) Fluctuations V * C * T * F ÷ (2 * D * 365)(if any) = $

(d) Special damages (if any) = $

Total LD’s (a + b(i) + c + d) = $ per day

Chapter 5 (Rev. 1) 277

 Project Administration Handbook for Civil Engineering Works 2012 Edition

ANNEX B – WORKED EXAMPLE

Contract for a service reservoir with an access road which requires early completion.
There will be no special damages if the project is not completed on time. In the Bills of
Quantities, Bill 1(Y1) covers the preliminaries, Bill 2(Y2) the access road and Bill 3 &
4(Y3) the remainder of the Works. The preliminaries for the access road is 0.2 * Y1.
The contingency sums for the access road and remainder of the works are $0.1M and
$0.2M respectively.

Go to Table of Content
Section A (Access Road)

Value of Section A (C) = 0.2 * Y1 + Y2 – 0.1M

Time for completion of Section A (T) = 350 days
Lending Rate (P) = 10 %
Delay in completion of the Section (D) = 88 days
Outstanding work at time for = 20 %

>>>
completion (V)
Cost of professional service and site = 3M
supervision (E)

Go to Table of Content
Site supervisory costs (S) = 2M
Annual change in the Price Fluctuation = 6.1 %
Factor (F)
(a) Recovery on capital invested = 0.8 * (0.2 * Y1 + Y2 – 0.1M + 3M)
*10% ÷ 365
= 2.192 * 10-4 * (0.2 * Y1 + Y2 + 2.9M)
(b) (i) Site supervisory costs = 2M ÷ 350 = 5714
(ii) Minimum site supervisory = zero
costs

>>>
(c) Fluctuations = 0.2*(0.2*Y1+Y2-0.1M)
*350*0.061÷(2*88* 365)
= 6.647 * 10-5 * (0.2 * Y1 + Y2 – 0.1M)
(d) Special damages = zero Go to Table of Conten

Total LD’s = 0.571 * 10-4 * Y1 + 2.857 * 10-4 * Y2 +

(a+b(i)+c+d) 6356

Chapter 5 (Rev. 1) 278

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Section B (remainder of the Works)

Value of Section B (C) = (0.8 * Y1 + Y3 – 0.2M)

Time for completion of Section B (T) = 400 days
Lending Rate (P) = 10 %
Delay in completion of the Section = 100 days
(D)

Go to Table of Content
Outstanding work at time for = 20 %
completion (V)
Cost of professional service and site = 12M
supervision (E)
Site supervisory costs (S) = 8M
Annual change in the Price = 6.1 %
Fluctuation Factor (F)
(a) Recovery on capital invested = 0.8 * (0.8 * Y1 + Y3 – 0.2M +
12M) * 10% ÷ 365

>>>
= 2.192 * 10-4 * (0.8 * Y1 + Y3 +
11.8M)
(b) (i) Site supervisory costs = 8M ÷ 400 = 20,000

Go to Table of Content
(ii) Minimum site supervisory = (to be calculated based on the
costs minimum establishment, say
$15,000 for this example)

(c) Fluctuations = 0.2*(0.8*Y1+Y3-0.2M)

*400*0.061÷(2*100* 365)
= 6.685 * 10-5 * (0.8 * Y1 + Y3 –
0.2M)
(d) Special damages = zero

>>>
Total LD’s = 2.288 * 10-4 * Y1 + 2.861 * 10-4 *
(a+b(i)+c+d) Y3 + 22,573

Go to Table of Conten
Summary statement of liquidated damages:
Liquidated damages for section A =$ (0.571*10-4*Y1+2.857*10-4*Y2+6356)
per day
Liquidated damages for Section B =$ (2.288*10-4*Y1+2.861*10-4*Y3+22,573)
per day
Minimum liquidated damages for = N/A
Section A

Minimum liquidated damages for = $15,000 per day

Section B

Chapter 5 (Rev. 1) 279

 Project Administration Handbook for Civil Engineering Works 2012 Edition

ANNEX C - APPENDIX TO FORM OF TENDER

52 Liquidated Damages
Summary statement of liquidated damages:

Section A HK$ [0.571*10-4*Y1+2.857*10-4*Y2+6356]#

per day
Section B HK$ [2.288*10-4*Y1+2.861*10-4*Y3+22,573]##
per day

Go to Table of Content
Section B minimum liquidated damages HK$15,000 per day

In the above summary statement of liquidated damages:

Y1 = Total sum of Bill No. 1 in the Bills of Quantities

Y2 = Total sum of Bill No. 2 in the Bills of Quantities

Y3 = Total sum of Bill No. 3 and Bill No. 4 in the Bills of Quantities

>>>
Go to Table of Content
>>>
Go to Table of Conten

#
The value of the formula within the square brackets shall be taken as zero for the purpose of computation of the daily rate of
liquidated damages if and when the sum is worked out to be a negative value by substituting each of Y1 and Y2 with its
corresponding value in the priced Bills of Quantities.
##
The value of the formula within the square brackets shall be taken as HK$15,000 per day for the purpose of computation of the
daily rate of liquidated damages if and when the sum is worked out to be less than HK$15,000 per day by substituting each of Y1 and
Y3 with its corresponding value in the priced Bills of Quantities.

Chapter 5 (Rev. 1) 280

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.36 SPECIAL CONDITIONS OF CONTRACT FOR USE IN MEGA PROJECT

CONTRACTS
(Ref.: WBTC No. 26/2002)

INDEX
Related Related Date of
S.C.C. Ref. Content GCC ETWB Issue of SCC
TCW

Go to Table of Content
A1 Programmes and Progress Reports 1(1), 16 &
78

A2 Facilities for and coordination with others 34 & 63

A3 Possession of Site 1(1), 48,

13, 20 &
21(1) & 22

>>>
A4 Extension of time 50

A4A Extension of time (alternative version) 50

Go to Table of Content
A5 Liquidated damages for delay 52 4/2003

A6 Variations 60

A7 Stages and Key Dates 1(1),

49(1),
51(1), 53
& 63

>>>
A8 Maintenance of records 6

A9 Construction methods 7

A10 General damages (optional) 52 Go to Table of Conten

Chapter 5 (Rev. 1) 281

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A1 Programmes and progress reports

(1) General Conditions of Contract Clause 1(1) is amended by Programmes and Must be
adding the following : progress reports used with
SCC
“ “Monthly Progress Report” means the report to be A2 – A9
prepared by the Contractor in the form and detail prescribed
by the Specification and submitted monthly to the Engineer
in accordance with Clause 16(10).

Go to Table of Content
“Works Programme” means the programme showing the
sequence, method and timing in which the Contractor
proposes to carry out the construction, testing,
commissioning of the Works and related activities and any
investigations and design as may be required to be carried
out by the Contractor under the Contract including (in so far
as such work is described in the Contract) due allowance for
the carrying out of Specialist Works and work by utility
undertakings, in the form and content prescribed by the

>>>
Specification, or any amended or varied version thereof, as
submitted by the Contractor and approved by the Engineer
in accordance with Clause 16.”

Go to Table of Content
(2) General Conditions of Contract Clause 16 is deleted and
replaced by the following :

“16 (1) Within 7 days of acceptance of the Tender, the

Contractor shall submit to the Engineer his
proposed programme for approval as the initial
Works Programme in the form and content
prescribed by the Specification. Within 60 days
of approval of the initial Works Programme in

>>>
accordance with Clause 16(2) or such other
period as may be prescribed in the Specification,
the Contractor shall submit to the Engineer for

Go to Table of Conten
his approval an expanded and more detailed
version of the initial Works Programme in the
form and content prescribed by the
Specification.

(2) The Engineer shall, within 30 days of receipt of

any programme submitted pursuant to this
Clause 16, notify the Contractor in writing :

(a) that the programme is approved; or

(b) that the programme is rejected, in which

case reasons for such rejection shall be
given, including indication of those parts of
the programme with which the Engineer is
not satisfied; or

Chapter 5 (Rev. 1) 282

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A1 Programmes and progress reports

(c) that further information is required to

clarify or substantiate the programme or to
satisfy the Engineer as to its
reasonableness.

Provided that if none of the above actions is

Go to Table of Content
taken within the said period of 30 days the
Engineer shall be deemed to have approved the
programme submitted.

(3) The Contractor shall within 21 days of receiving

notification under Clause 16(2)(c), or within such
further period as the Engineer may allow in
writing, provide the further information
requested failing which the programme shall,
subject to the provisions of Clause 16(4), be

>>>
deemed to have been rejected. The Engineer
shall within 21 days of receipt of such further
information approve or reject the programme in

Go to Table of Content
accordance with Clause 16(2).

(4) If the Engineer is of the opinion that the

Contractor has provided sufficient information
to satisfy him as to the reasonableness of a
substantial part of any programme submitted
pursuant to this Clause 16, the Engineer may but
shall not be bound to notify the Contractor in
writing that the programme is approved
notwithstanding the failure of the Contractor to

>>>
provide all or any of the further information
requested under Clause 16(2)(c) in respect of the
remaining part of the programme.

(5) In the event of a programme being rejected Go to Table of Conten

under Clause 16(2)(b) or deemed to have been
rejected under Clause 16(3), the Contractor shall
within 21 days thereafter submit a revised
programme taking into account of the reasons
given for the rejection or incorporating the
further information requested by the Engineer,
as the case may be.

(6) (a) The Contractor may at any time following

approval of a programme as the Works
Programme submit to the Engineer an
amended or varied version thereof.

Chapter 5 (Rev. 1) 283

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A1 Programmes and progress reports

(b) The Contractor shall review the Works

Programme in the event that :

(i) the Engineer grants an extension of

time in accordance with Clause 50 ;

(ii) the Engineer instructs steps be taken

Go to Table of Content
to expedite the completion of the
Works or any Section thereof or the
achievement of any Stage under
Clause 51;

(iii) the Engineer instructs a variation

under Clause 60 ;

(iv) the Contractor considers for any

reason that there is or will be a

>>>
significant deviation between the
actual or anticipated progress of the
Works and the Works Programme,

Go to Table of Content
including without limitation the
Contractor foreseeing a substantial
increase or decrease in the quantity
of an item of work included in the
Contract;

(v) the Engineer requests the

Contractor in writing to reflect or
incorporate any other matter in the
Works Programme;

>>>
and shall within 21 days of such event either
submit an amended or varied programme to the

Go to Table of Conten
Engineer in accordance with Clause 16(2) or
inform the Engineer in writing of the reasons
why the Contractor considers that such a
submission is inappropriate.

(7) Should it appear to the Engineer at any time that

there is or will be a significant deviation between
the actual or anticipated progress of the Works
and the Works Programme, the Engineer shall
be entitled by written instruction to require the
Contractor to produce a revised version showing
such modifications to the Works Programme as
may be necessary to ensure or to be consistent
with substantial completion of the Works and all
Sections and the achievement of all Stages by the
Key Dates. The Contractor shall submit such

Chapter 5 (Rev. 1) 284

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A1 Programmes and progress reports

revised programme within 14 days of the

Engineer’s instruction or within such other time
as the Engineer shall allow in writing.

(8) (a) Unless and until an amended version of the

Works Programme is approved by the
Engineer in accordance with this Clause 16,

Go to Table of Content
the programme previously approved by the
Engineer shall remain as the Works
Programme for all purposes of the
Contract.

(b) Approval by the Engineer of a Works

Programme in accordance with this Clause
16 shall not relieve the Contractor of any its
duties or responsibilities under the
Contract nor bind or create any obligation

>>>
or liability on the part of the Employer nor,
in the event that a Works Programme
indicates that a Key Date has not or will not

Go to Table of Content
be met entitle the Contractor to an
extension of time in relation to such Key
Date.

(9) Within 14 days of acceptance of the Tender, and

thereafter at the end of each calendar month, the
Contractor shall submit to the Engineer its three
month rolling programme in the form and detail
prescribed by the Specification setting out the
work to be carried out during the following three

>>>
months.

(10) (a) The Contractor shall submit to the

Go to Table of Conten
Engineer by the end of each monthly period
(the first of such monthly periods to
commence on the date for commencement
of the Works) its Monthly Progress Report
which shall, amongst other things, highlight
actual or potential departures from the
Works Programme and state the measures
which the Contractor proposes to take in
order to make good or reduce any delays.

(b) If requested by the Engineer, the

Contractor shall submit to the Engineer at
weekly intervals a written report as to the
progress of off-Site manufacture of goods
and materials.”

Chapter 5 (Rev. 1) 285

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A1 Programmes and progress reports

(3) General Conditions of Contract Clause 78 is amended by

adding the following :

“(3) As a condition precedent to consideration by the

Engineer of any sums due to the Contractor,
each of such statement shall be accompanied by
the Monthly Progress Report for the month to

Go to Table of Content
which the statement relates.”

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 286

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A2 Facilities for and coordination with others

(1) General Conditions of Contract Clause 34 is deleted and Facilities for and Must be
replaced by the following : coordination with used with
others SCC A1
“34 (1) In accordance with the Contract and/or the and
reasonable instructions of the Engineer, the A3 – A9
Contractor shall not impede and shall afford all
reasonable facilities, access and/or services to any

Go to Table of Content
person who may be carrying out, on or adjacent to
the Site, any work not included in the Contract but
required by the Employer, any utility undertaking
or other duly constituted authority, [(including in
particular but without limitation the following
interfacing works which are more particularly
described in the Specification :

(a) ……to be carried out by ……

>>>
(b) ……to be carried out by ……

(c) ……to be carried out by ……] 2

Go to Table of Content
(2) The Contractor shall take all reasonable steps to
ensure that the Works are coordinated and
integrated with the design and construction of such
other work as referred to in Clause 34(1), and shall
in particular (but without limitation) consult, liaise
and cooperate with those responsible for carrying
out such other work including where necessary in
the preparation of joint programmes, method
statements, coordination drawings and

>>>
specifications.

(3) (a) The Contractor shall be deemed to have

Go to Table of Conten
made adequate allowance in his Tender and
in the Works Programme in respect of his
obligations under Clauses 34(1) and 34(2).

(b) Without prejudice to the generality of

Clauses 50, 63 and 64, if the Contractor
considers that he has been requested or
instructed to act in a manner which goes
beyond his obligations under Clause 34(1)
and if the Contractor considers that
compliance with such request or instruction
may entitle him to any extension of time
and/or any additional payment of Cost, it

2
The words in square brackets at the end of Clause 34(1) should be incorporated only if Government is in a position to describe in
sufficient details the “interfacing works” which are anticipated to have substantial interface with the Works.

Chapter 5 (Rev. 1) 287

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A2 Facilities for and coordination with others

shall be a condition precedent to any such

entitlement that:

(i) the Contractor shall have notified the

Engineer in writing prior to taking any
such action that he considers such an
entitlement may arise from the

Go to Table of Content
provision of such facilities, access
and/or services, giving full particulars
of the estimated duration of the delays
and of the Cost which would be
incurred; and

(ii) following receipt of such notice, the

Engineer shall have instructed the
Contractor in writing to take such
action.”

>>>
(2) General Conditions of Contract Clause 63 is amended by
replacing paragraph (d) with the following :

Go to Table of Content
“(d) delay caused by any person or any company, not
being a utility undertaking, engaged by the
Employer in supplying materials or in executing
work directly connected with but not forming
part of the Works save to the extent that such
delay was caused or contributed to by some
default on the part of the Contractor (including
without limitation any failure by the Contractor
to comply with his obligations under Clause 34(1)

>>>
or Clause 34(2)) or by the Contractor complying
with his obligations under Clause 34(1) or Clause
34(2), or”

“[(3) The Contractor shall be entitled to the sums set out in the Go to Table of Conten
section of the Bills of Quantities concerning coordination with
those responsible for carrying out the interfacing works
referred to in General Conditions of Contract Clause 34(1),
provided that the Contractor shall have fulfilled his
obligations for each item to the satisfaction of the Engineer.]” 3

3
Sub-clause (3) should be included only if Government is in a position to describe in sufficient details the “interfacing works”
which are anticipated to have substantial interface with the Works and an item (pre-priced by the Engineer) is included in the BQ
to cover the cost of promoting and facilitating co-ordination with the contractors carrying out such “interfacing works”

Chapter 5 (Rev. 1) 288

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A3 Possession of site

(1) General Conditions of Contract Clause 1(1) is amended by Possession of Site Must be
adding the following : used with
SCC A1 –
““Portion Handover Date” means a date identified as such in A2 and
the Appendix to the Form of Tender for possession of a A4 – A9
Portion to be made available to or relinquished by the
Contractor, as the same may be deferred by the Engineer in

Go to Table of Content
accordance with Clause 48(5)(a).”

(2) General Conditions of Contract Clause 48 is deleted and

replaced by the following :

“48 (1) The Contract may prescribe :

(a) the Portions of the Site to which the

Contractor is intended to be given possession
from time to time;

>>>
(b) the periods during which possession of such
Portions of the Site is intended to be made

Go to Table of Content
available to the Contractor and the respective
Portion Handover Dates;

(c) the order in which the Works shall be

executed;

(d) the availability and nature of the access which

is to be provided by the Employer;

(e) the availability and nature of the access which

>>>
the Contractor is to provide to others;

(f) the use which the Contractor may make of

Go to Table of Conten
such Portions of the Site.

(2) The Employer shall give to the Contractor on the

date for commencement of the Works notified by
the Engineer in accordance with Clause 47
possession of so much of the Site and access thereto
as may be required to enable the Contractor to
commence and proceed with the construction of the
Works in accordance with the Works Programme
and shall from time to time, as the Works proceed,
give to the Contractor possession of such further
parts of the Site and such further access as may be
required to enable the Contractor to proceed with
the construction of the Works with due despatch in
accordance with the Works Programme.

Chapter 5 (Rev. 1) 289

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A3 Possession of site

Provided always that:

(a) the Employer shall not in any event be obliged

to give to the Contractor possession of a
Portion of the Site or any part thereof or
access thereto earlier or for a longer period
than is prescribed pursuant to Clause 48(1);

Go to Table of Content
and

(b) the Employer may, on or at any time after the

date for commencement of the Works notified
by the Engineer in accordance with Clause 47,
give the Contractor possession of any or all of
the Portions of the Site, or of any part thereof,
before the date prescribed pursuant to Clause
48(1) for such possession to be given to the
Contractor.

>>>
Provided further that the Contractor shall not be
entitled to any extension of time or additional

Go to Table of Content
payment by reason of the Contractor being given
early possession of the Site or any Portion or part
thereof in accordance with Clause 48(2)(b).

(3) Unless the Contract expressly provides to the

contrary the Contractor shall not be entitled to
exclusive possession of or uninterrupted access to
the Site or any Portion or part of the Site and shall
co-ordinate its activities with others on or in the
vicinity of Site as described in Clause 34 and

>>>
elsewhere in the Contract.

(4) Subject to Clause 64, if the Engineer is of the

Go to Table of Conten
opinion that the Contractor has been involved in
additional expenditure by reason of the progress of
the Works or any part thereof having been
materially affected by the failure of the Employer to
give possession of or access to the Site or any
Portion or part thereof in accordance with this
Clause 48 then the Engineer shall as soon as
reasonably practicable ascertain the Cost incurred,
and shall certify in accordance with Clause 79.

(5) In the event that a Portion Handover Date is

prescribed pursuant to Clause 48(1) for the release
by the Contractor of a Portion of the Site:

Chapter 5 (Rev. 1) 290

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A3 Possession of site

(a) the Contractor shall relinquish possession of

the relevant Portion of the Site on the Portion
Handover Date unless the Engineer shall have
deferred the Portion Handover Date by prior
notice in writing. Such a notice shall not in any
event constitute a variation within the
meaning of Clause 60; and

Go to Table of Content
(b) the Contractor shall, subject to any express
provision of the Contract or written
instruction of the Engineer to the contrary,
clear away and remove from the relevant
Portion of the Site before the Portion
Handover Date all Constructional Plant,
temporary buildings, surplus materials and all
rubbish of any kind whatsoever. If the
Contractor should fail to do so, the Employer

>>>
may exercise the powers set out in Clauses
73(2)(a) and (b).

Go to Table of Content
(6) (a) If the Engineer is of the opinion that the
Contractor has been involved in additional
expenditure by reason of the Engineer’s
decision under Clause 48(5)(a) to defer any
Portion Handover Date, the Engineer shall
ascertain the Cost incurred and certify
payment to the Contractor.

(b) Any payment made in accordance with Clause

48(6)(a) shall be deemed to be in full

>>>
compensation to the Contractor of any
expenditure incurred by reason of the
Engineer’s decision under Clause 48(5)(a) to

Go to Table of Conten
defer the Portion Handover Date. The
Contractor shall be entitled to no further
payment whatsoever or extension of any Key
Date by reason of the Engineer’s decision
under Clause 48(5)(a) to defer the Portion
Handover Date.

(7) The Contractor shall bear all expenses and charges

for special or temporary wayleaves required by him
in connection with access to the Site.

(8) Notwithstanding sub-clause (4) of this Clause, with

respect to prescribed Portions of the Site of which
the Contractor is to be given possession from time
to time, if the Contractor suffers delay from failure
on the part of the Employer to give possession of

Chapter 5 (Rev. 1) 291

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A3 Possession of site

any Portion in accordance with the terms of the

Contract and the Engineer grants an extension of
time for completion [of the Works or, as the case
may be, the relevant Section in accordance with
General Conditions of Contract Clause 50] + in
respect thereof, the Engineer shall certify payment
to the Contractor a sum calculated at the rate per

Go to Table of Content
day inserted by the Contractor in the Bills of
Quantities (hereinafter referred to as “the specified
rate”), the number of days for which payment is
certified being equal to the number of days granted
as an extension of time. If possession of part of
any Portion of the Site is delayed the Engineer shall
reduce the specified rate for the affected Portion as
he considers fair and reasonable having regard to
all the circumstances.

>>>
(9) Any extension of time for completion [of the Works
or, as the case may be, the relevant Section]+
granted in accordance with General Conditions of

Go to Table of Content
Contract Clause 50 and any payment made in
accordance with sub-clause (8) of this Clause shall
be deemed to be in full compensation to the
Contractor for whatever claims that it may have as
a result of failure on the part of the Employer to
give possession of any Portion or any part of any
Portion.”

[Note : (1) Sub-clauses (8) and (9) should only be used for )

>>>
contracts where delay in possession of the Site is )
envisaged. )
(2) If sub-clauses (8) and (9) are used, there is no )

Go to Table of Conten
need to use SCC 8 of the WB Library )
of Standard SCCs (Delayed ) Not part
Possession of Portion of the Site)]. of
) the SCC
+Under GCC Clause 50, EOT could be granted for )
completion of the Works/Section as well as achievement )
of a Stage on the ground of non-possession of the Site or )
any Portion or part thereof. Sub-clauses (8) and (9) )
only make reference to EOT for completion of the Works )
or the relevant Section because, it is submitted, EOT for )
achievement of a Stage is irrelevant for the purposes of
sub-clauses (8) and (9).

+
Where sectional completion is envisaged.
+
Where sectional completion is envisaged.

Chapter 5 (Rev. 1) 292

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A3 Possession of site

(3) General Conditions of Contract Clause 13 is amended by

replacing sub-clause (1) with the following :

“13 (1) The Contractor shall be deemed to have examined

and inspected the Site and its surroundings and to
have satisfied himself, before submitting his
Tender, as regards existing roads or other means of

Go to Table of Content
communication with and access to the Site, the
possibility of interference by persons other than
the Employer who will also have access to or use of
the Site or any Portion or part thereof after the
Employer has given the Contractor possession of
the Site or, as the case may be, the relevant Portion
or part, the nature of the ground and sub-soil, the
form and nature of the Site, the risk of injury or
damage to property, the nature of materials
(whether natural or otherwise) to be excavated, the

>>>
nature of the work, and materials necessary for the
execution of the Works, the accommodation he
may require and generally to have obtained his

Go to Table of Content
own information on all matters affecting his
Tender and the execution of the Works.”

(4) General Conditions of Contract Clause 20 is deleted and

replaced by the following :

“20 (1) The Contractor shall throughout the continuance

of the Contract and the progress of the Works take
full responsibility for the adequate stability and
safety of all operations on the Site other than those

>>>
of Specialist Contractors and utility undertakings
and have full regard for the safety of all persons on
the Site. The Contractor shall keep the Site and

Go to Table of Conten
the Works in an orderly state appropriate to the
avoidance of danger to all persons.

(2) The Contractor shall in connection with the Works

or for the purpose of the Contract provide and
maintain all lights, guards, fences and warning
signs and provide watchmen when and where
necessary or required by the Engineer or by any
competent statutory or other authority for the
protection of the Works or the Site or for the
safety and convenience of the public or others.

Chapter 5 (Rev. 1) 293

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A3 Possession of site

(3) The Contractor shall ensure that all parts of the

Site where work is being carried out are so lighted
as to ensure the safety of all persons on or in the
vicinity of the Site and of such work.

(4) The Contractor, after obtaining any necessary

approval from any relevant authority, shall submit

Go to Table of Content
to the Engineer proposals showing the layout of
pedestrian routes, lighting, signing and guarding
for any road opening or traffic diversion which
may be required in connection with the execution
of the Works or otherwise required for the
purposes of the Contract. No such road opening
or traffic diversion shall be brought into operation
or use unless the proposals submitted have been
previously approved by the Engineer and properly
provided and implemented on the Site.”

>>>
(5) General Conditions of Contract Clause 21(1) is amended by
appending the following :

Go to Table of Content
“And provided further that if the Engineer has decided under
Clause 48(5)(a) to defer any Portion Handover Date to a date
later than 28 days after the date of completion of the Works
certified by the Engineer in accordance with Clause 53, the
Contractor shall continue to be responsible for the care of the
part of the Works on the relevant Portion and for the care of
all things which are required to be retained on the relevant
Portion by reason of the Engineer’s decision under Clause
48(5)(a) to defer the Portion Handover Date until and

>>>
including the deferred date of relinquishment.”

(6) General Conditions of Contract Clause 22 is amended by

Go to Table of Conten
replacing sub-clause (1) with the following :

“ (1) The Contractor shall, except if and so far as the

Contract otherwise provides, indemnify and
keep indemnified the Employer against all losses
and claims for injury or damage to any person or
property whatsoever, other than surface or other
damage to land or crops on the Site, which may
arise out of or in consequence of the execution of
the Works or the carrying out of the Contract
and against all claims, demands, proceedings,
damages, costs, charges and expenses whatsoever
in respect thereof or in relation thereto.”

Chapter 5 (Rev. 1) 294

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A3 Possession of site

[Note If the Contractor in respect of a particular project is )

: required to take out care of the Works insurance, SCC11 in ) Not part
the Works Bureau Library of Standard Special Conditions of
of Contract, as amended along the following lines, should ) the SCC
be adopted.] )

“SCC[ ] (1) Without limiting the Contractor’s Care of the works

Go to Table of Content
obligations and responsibilities under insurance
General Conditions of Contract Clause 21,
the Contractor shall procure before the
date for commencement of the Works in the
joint names of the Contractor and the
Employer, an insurance policy with an
insurer and in terms approved by the
Employer (which approval shall not
unreasonably be withheld). The
Contractor shall also assess the value of

>>>
Specialist Works. The insurance policy
shall be consistent with the terms in the
specimen in the Appendix to these

Go to Table of Content
Conditions and shall at least cover the risks
stipulated therein. The insurance policy
shall cover the period from the date for
commencement of the Works until 28 days
after the date of completion of the Works
certified by the Engineer in accordance
with General Conditions of Contract
Clause 53 or, where the Engineer has
decided under General Conditions of
Contract Clause 48 (5)(a) to defer any

>>>
Portion Handover Date to a date later than
28 days after the date of the completion of
the Works certified by the Engineer in

Go to Table of Conten
accordance with General Conditions of
Contract Clause 53, until and including the
deferred date of relinquishment. The
Contractor shall lodge with the Employer
through the Engineer or the Engineer’s
Representative the originals or certified
true copies of the policy or policies of
insurance and copies of the receipts for
payment of the current premiums.

(2) The extent of the cover to be provided shall

be :

(a) The Works and Specialist Works to

the full reinstatement value; and

Chapter 5 (Rev. 1) 295

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A3 Possession of site

(b) materials, Constructional Plant and

other things brought on the Site by
anyone so authorized to do so to the
full value of such materials,
Constructional Plant and other
things.”

Go to Table of Content
>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 296

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A4 Extension of time

(1) General Conditions of Contract Clause 50 is deleted and Extension of time Must be
replaced by the following : used with
SCC A1 -
“50 (1) (a) As soon as practicable but in any event A3 and
within 28 days after the cause of any delay to A5 – A9
the progress of the Works or any Section
thereof or to the achievement of any Stage

Go to Table of Content
has arisen, the Contractor shall give notice in
writing to the Engineer of the cause and
probable extent of the delay.

Provided that as soon as the Contractor can

reasonably foresee that any order or instruction
issued by the Engineer is likely to cause a delay to
the progress of the Works or any Section thereof
or to the achievement of any Stage the Contractor
shall forthwith give notice in writing to the

>>>
Engineer and specify the probable effect and
extent of such delay. Such notice shall not in any
event be given later than 28 days after the

Go to Table of Content
Engineer has issued the relevant order or
instruction.

(b) If in the opinion of the Engineer the cause of

the delay is:

(i) inclement weather and/or its

consequences adversely affecting the
progress of the Works, or

>>>
(ii) the hoisting of tropical cyclone
warning signal No. 8 or above, or

Go to Table of Conten
(iia) a Black Rainstorm Warning, or

(iii) an instruction issued by the Engineer

under Clause 5, or

(iv) a variation ordered under Clause 60,

or

(v) a substantial increase in the quantity

of any item of work included in the
Contract not resulting from a
variation ordered under Clause 60, or

(vi) the Contractor not being given

possession of or access to the Site or
any Portion or part thereof in

Chapter 5 (Rev. 1) 297

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A4 Extension of time

accordance with the Contract or is

subsequently deprived of it by the
Employer, or

(vii) a disturbance to the progress of the

Works for which the Employer or the
Engineer or a Specialist Contractor is

Go to Table of Content
responsible including but not
restricted to any matter referred to in
Clause 63, or

(viii) the Engineer suspending the Works in

accordance with Clause 54 in so far as
the suspension is not occasioned by the
circumstances described in Clause
54(2)(a) to (d), or

>>>
(ix) any utility undertaking or other duly
constituted authority failing to
commence or to carry out in due time

Go to Table of Content
any work directly affecting the
execution of the Works, provided that
the Contractor has taken all practical
steps to cause the utility undertaking
or duly constituted authority to
commence or to proceed with such
work, or

(x) the imposition by the Engineer of

requirements or limitations in relation

>>>
to the Contractor’s methods of
construction, in the circumstances
described in Special Conditions of

Go to Table of Conten
Contract Clause A9, or

(xi) the provision of facilities, access

and/or services to the Employer or
third parties in excess of the
obligations of the Contractor under
Clause 34(1) pursuant to an
instruction of the Engineer in
accordance with Clause 34(3)(b), or

(xii) delay on the part of any Nominated

Sub-contractor for any reason
specified in sub-clauses (b)(i) to (xi) of
this Clause and which the Contractor
has taken all reasonable steps to avoid
or reduce, or

Chapter 5 (Rev. 1) 298

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A4 Extension of time

(xiii) any special circumstance of any kind

whatsoever,

then the Engineer shall in accordance with

Clause 50(3) consider whether the Contractor
is fairly entitled to an extension of the Key

Go to Table of Content
Dates.

(c) Notwithstanding the powers of the Engineer

under the provisions of this Clause to decide
whether the Contractor is fairly entitled to an
extension of time the Contractor shall not be
entitled to an extension of time if the cause of
the delay is:

(i) a suspension occasioned by the

>>>
circumstances described in Clause
54(2)(a) to (d), or

Go to Table of Content
(ii) a shortage of Constructional Plant or
labour, or

(iii) interference by reason of the provision

of facilities, access and/or services to the
Employer or third parties in accordance
with the Contractor’s obligations under
Clause 34(1), or

(iv) inclement weather (but not including

>>>
Black Rainstorm Warning and the
hoisting of tropical cyclone warning
signal No. 8 or above) and/or its

Go to Table of Conten
consequences adversely affecting the
progress of the Works or any Section
thereof or the achievement of any Stage
occurring on or after the date identified
in the Appendix to the Form of Tender
or on or after the date to which
extension of time has been granted
under this Clause for completion of the
Works or the relevant Section or, as the
case may be, for achievement of the
relevant Stage.

Chapter 5 (Rev. 1) 299

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A4 Extension of time

(2) The Contractor shall use and continue to use all

reasonable endeavours to avoid or reduce the
effects of a cause of delay to the progress of the
Works or any Section or to the achievement of any
Stage and as soon as practicable but in any event
within 28 days of notification under Clause 50(1)
submit by further written notice to the Engineer :

Go to Table of Content
(a) full and detailed particulars of the cause and
actual or likely extent of the delay to the
progress of the Works or any Section or to
the achievement of any Stage; or

(b) where a cause of delay has a continuing effect

or where the Contractor is unable to
determine whether the effect of a cause of
delay will actually cause delay to the progress

>>>
of the Works or any Section or to the
achievement of any Stage, such that it is not
practicable for the Contractor to submit full

Go to Table of Content
and detailed particulars in accordance with
Clause 50(2)(a), a statement to that effect
with reasons together with interim written
particulars (including details of the likely
consequences of the cause of delay on
progress of the Works and an estimate of the
likelihood or likely extent of the delay); the
Contractor shall thereafter submit to the
Engineer at intervals of not more than 28
days further interim written particulars until

>>>
the actual or likely delay caused (if any) is
ascertainable, whereupon the Contractor
shall as soon as practicable but in any event

Go to Table of Conten
within 28 days submit to the Engineer full
and detailed particulars of the cause and
actual or likely extent of the delay; and

(c) details of the measures which the Contractor

has adopted and/or proposes to adopt to
avoid or reduce the effects of such cause of
delay to the progress of the Works or any
Section or to the achievement of any Stage.

(3) If in accordance with Clause 50(1)(b) the Engineer

considers that the Contractor is using and will
continue to use all reasonable endeavours to make
good any delay, and that the Contractor is fairly
entitled to an extension of the Key Dates, the
Engineer shall within 28 days or such further time

Chapter 5 (Rev. 1) 300

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A4 Extension of time

as may be reasonable in the circumstances of:

(a) receipt of final full and detailed particulars of

the cause and actual or likely effect of any
delaying factor, or

(b) where a cause of delay has a continuing effect

Go to Table of Content
or where the Engineer anticipates a
significant delay before the actual or likely
effect of a cause of delay becomes
ascertainable and the Engineer considers an
interim extension of time should be granted,
receipt of such particulars as in the
Engineer’s opinion are sufficient for him to
determine such an interim extension of time,

determine, grant and notify in writing to the

>>>
Contractor such extension. The Engineer in
determining any extension shall take into account
all the circumstances known to him at that time,

Go to Table of Content
including in particular but without limitation the
effect of any omission of work or part of any Stage,
or substantial decrease in the quantity of any item
of work.

Provided that:

(i) the Engineer may at any time following

notification of a cause of delay under Clause
50(1)(a) determine and notify the Contractor

>>>
in writing as to whether or not the said cause
of delay constitutes a potential ground upon
which an extension of time may be granted in

Go to Table of Conten
accordance with Clause 50(1)(b) and the
foregoing provisions of Clause 50(3);

(ii) the Engineer may in the absence of any claim

assess and determine the delay that he
considers has been suffered by the
Contractor as a result of any of the events
described in Clause 50(1)(b) in which case he
shall determine, grant and notify in writing
to the Contractor any such extension he
considers appropriate;

(iii) notwithstanding Clause 50(2) and the

foregoing provisions of this Clause 50(3), the
Engineer may in the event of failure by the
Contractor to comply with the provisions of

Chapter 5 (Rev. 1) 301

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A4 Extension of time

Clause 50(2) consider such extension to the

extent that the Engineer is able on the
information available.

(4) If the Engineer decides that the Contractor is not

entitled to an extension, the Engineer shall as soon
as reasonably practicable notify the Contractor in

Go to Table of Content
writing accordingly.

(5) (a) Without prejudice to the Engineer’s powers

pursuant to Clause 50(3)(b), the Contractor
shall not be entitled to an extension of time by
reason of any delay unless such delay actually
affects substantial completion of the Works
or any Section or achievement of any Stage
by the relevant Key Date.

>>>
(b) Any extension to a Key Date shall not of itself
entitle the Contractor to an extension to any
other Key Date.

Go to Table of Content
(6) The Engineer shall within 28 days of the issue of
either the certificate of completion of the Works
or, in the event of division of the Works into
Sections, of the certificate of completion of the last
Section review and finally determine and certify
the overall extension of time (if any) to which he
considers the Contractor is entitled in respect of
the Works or any Section or any Stage. Such
final review shall not result in a decrease in any

>>>
extension of time already granted by the Engineer
under Clause 50(3).

Go to Table of Conten
(7) For the avoidance of doubt if the Engineer grants
an extension of time in respect of a cause of delay
occurring after the Employer is entitled to recover
liquidated damages in respect of the Works or any
Section or any Stage, the period of extension of
time granted shall be added to the relevant Key
Date identified in the Appendix to the Form of
Tender or, if the same has been extended in
accordance with this Clause 50, the relevant
previously extended Key Date.

Chapter 5 (Rev. 1) 302

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A4 Extension of time

(8) Except as provided elsewhere in the Contract, any

extension of time granted by the Engineer to the
Contractor shall be deemed to be in full
compensation and satisfaction for any loss or
injury sustained or sustainable by the Contractor
in respect of any matter or thing in connection
with which such extension shall have been granted

Go to Table of Content
and every extension shall exonerate the Contractor
from any claim or demand on the part of the
Employer for the delay during the period of such
extension but not for any delay continued beyond
such period.

(9) For the purpose of this Clause, “Black Rainstorm

Warning” means a warning issued by the Director
of Hong Kong Observatory of a heavy rainstorm
in, or in the vicinity of, Hong Kong by the use of

>>>
the heavy rainstorm signal commonly referred to
as “Black”.”

Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 303

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A4A Extension of time (alternative version)

(1) General Conditions of Contract Clause 50 is deleted and Extension of time Approval
replaced by the following : from Head
of
“50 (1) (a) As soon as practicable but in any event Departmen
within 28 days after the cause of any delay t required
to the progress of the Works or any Section for use of

Go to Table of Content
thereof or to the achievement of any Stage this SCC
has arisen, the Contractor shall give notice clause and
in writing to the Engineer of the cause and details are
probable extent of the delay. to be
submitted
Provided that as soon as the Contractor can to SDEV
reasonably foresee that any order or instruction for
issued by the Engineer is likely to cause a delay endorse-
to the progress of the Works or any Section ment
thereof or to the achievement of any Stage the

>>>
Contractor shall forthwith give notice in writing Must be
to the Engineer and specify the probable effect used with
and extent of such delay. Such notice shall not in SCC A1 –

Go to Table of Content
any event be given later than 28 days after the A3 and
Engineer has issued the relevant order or A5 – A9
instruction.

(b) If in the opinion of the Engineer the cause

of the delay is:

(i) the hoisting of tropical cyclone

warning signal No. 8 or above, or

>>>
(ii) a Black Rainstorm Warning, or

(iii) an instruction issued by the

Go to Table of Conten
Engineer under Clause 5, or

(iv) a variation ordered under Clause 60,

or
(v) a substantial increase in the quantity
of any item of work included in the
Contract not resulting from a
variation ordered under Clause 60,
or

(vi) the Contractor not being given

possession of or access to the Site or
any Portion or part thereof in
accordance with the Contract or is
subsequently deprived of it by the
Employer, or

Chapter 5 (Rev. 1) 304

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A4A Extension of time (alternative version)

(vii) a disturbance to the progress of the

Works for which the Employer or
the Engineer or a Specialist
Contractor is responsible including
but not restricted to any matter
referred to in Clause 63, or

Go to Table of Content
(viii) the Engineer suspending the Works
in accordance with Clause 54 in so
far as the suspension is not
occasioned by the circumstances
described in Clause 54(2)(a) to (d),
or

(ix) any utility undertaking or other duly

constituted authority failing to

>>>
commence or to carry out in due
time any work directly affecting the
execution of the Works, provided

Go to Table of Content
that the Contractor has taken all
practical steps to cause the utility
undertaking or duly constituted
authority to commence or to proceed
with such work, or

(x) the imposition by the Engineer of

requirements or limitations in
relation to the Contractor’s methods
of construction, in the circumstances

>>>
described in Special Conditions of
Contract Clause A9 , or

Go to Table of Conten
(xi) the provision of facilities, access
and/or services to the Employer or
third parties in excess of the
obligations of the Contractor under
Clause 34(1) pursuant to an
instruction of the Engineer in
accordance with Clause 34(3)(b), or

(xii) inclement weather (but not including

Black Rainstorm Warning and the
hoisting of tropical cyclone warning
signal No. 8 or above) and/or its
consequences adversely affecting the
progress of the Works or any
Section thereof or the achievement
of any Stage occurring after the date

Chapter 5 (Rev. 1) 305

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A4A Extension of time (alternative version)

identified in the Appendix to the

Form of Tender for completion of
the Works or the relevant Section
or, as the case may be, for
achievement of the relevant Stage
but before the Employer is entitled
to recover liquidated damages in

Go to Table of Content
respect of the Works or the relevant
Section or, as the case may be, the
relevant Stage, or

(xiii) delay on the part of any Nominated

Sub-contractor for any reason
specified in sub-clauses (b)(i) to (xii)
of this Clause and which the
Contractor has taken all reasonable
steps to avoid or reduce, or

>>>
(xiv) any special circumstance of any kind
whatsoever,

Go to Table of Content
then the Engineer shall in accordance with
Clause 50(3) consider whether the
Contractor is fairly entitled to an extension
of the Key Dates.

(c) Notwithstanding the powers of the

Engineer under the provisions of this
Clause to decide whether the Contractor is
fairly entitled to an extension of time the

>>>
Contractor shall not be entitled to an
extension of time if the cause of the delay is:

Go to Table of Conten
(i) a suspension occasioned by the
circumstances described in Clause
54(2)(a) to (d), or

(ii) a shortage of Constructional Plant

or labour, or

(iii) interference by reason of the

provision of facilities, access and/or
services to the Employer or third
parties in accordance with the
Contractor’s obligations under
Clause 34(1), or

Chapter 5 (Rev. 1) 306

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A4A Extension of time (alternative version)

(iv) inclement weather (but not including

Black Rainstorm Warning and the
hoisting of tropical cyclone warning
signal No. 8 or above) and/or its
consequences adversely affecting the
progress of the Works or any
Section thereof or the achievement

Go to Table of Content
of any Stage occurring on or before
the date identified in the Appendix
to the Form of Tender for
completion of the Works or the
relevant Section or, as the case may
be, for achievement of the relevant
Stage.

(2) The Contractor shall use and continue to use all

reasonable endeavours to avoid or reduce the

>>>
effects of a cause of delay to the progress of the
Works or any Section or to the achievement of
any Stage and as soon as practicable but in any

Go to Table of Content
event within 28 days of notification under Clause
50(1) submit by further written notice to the
Engineer :

(a) full and detailed particulars of the cause

and actual or likely extent of the delay to
the progress of the Works or any Section or
to the achievement of any Stage; or

(b) where a cause of delay has a continuing

>>>
effect or where the Contractor is unable to
determine whether the effect of a cause of
delay will actually cause delay to the

Go to Table of Conten
progress of the Works or any Section or to
the achievement of any Stage, such that it is
not practicable for the Contractor to
submit full and detailed particulars in
accordance with Clause 50(2)(a), a
statement to that effect with reasons
together with interim written particulars
(including details of the likely consequences
of the cause of delay on progress of the
Works and an estimate of the likelihood or
likely extent of the delay); the Contractor
shall thereafter submit to the Engineer at
intervals of not more than 28 days further
interim written particulars until the actual
or likely delay caused (if any) is
ascertainable, whereupon the Contractor

Chapter 5 (Rev. 1) 307

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A4A Extension of time (alternative version)

shall as soon as practicable but in any event

within 28 days submit to the Engineer full
and detailed particulars of the cause and
actual or likely extent of the delay; and

(c) details of the measures which the

Contractor has adopted and/or proposes to

Go to Table of Content
adopt to avoid or reduce the effects of such
cause of delay to the progress of the Works
or any Section or to the achievement of any
Stage.

(3) If in accordance with Clause 50(1)(b) the

Engineer considers that the Contractor is using
and will continue to use all reasonable
endeavours to make good any delay, and that the
Contractor is fairly entitled to an extension of

>>>
the Key Dates, the Engineer shall within 28 days
or such further time as may be reasonable in the
circumstances of:

Go to Table of Content
(a) receipt of final full and detailed particulars
of the cause and actual or likely effect of
any delaying factor, or

(b) where a cause of delay has a continuing

effect or where the Engineer anticipates a
significant delay before the actual or likely
effect of a cause of delay becomes
ascertainable and the Engineer considers

>>>
an interim extension of time should be
granted, receipt of such particulars as in
the Engineer’s opinion are sufficient for

Go to Table of Conten
him to determine such an interim extension
of time,

determine, grant and notify in writing to the

Contractor such extension. The Engineer in
determining any extension shall take into
account all the circumstances known to him at
that time, including in particular but without
limitation the effect of any omission of work or
part of any Stage, or substantial decrease in the
quantity of any item of work.

Provided that :

Chapter 5 (Rev. 1) 308

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A4A Extension of time (alternative version)

(i) the Engineer may at any time following

notification of a cause of delay under
Clause 50(1)(a) determine and notify the
Contractor in writing as to whether or not
the said cause of delay constitutes a
potential ground upon which an extension
of time may be granted in accordance with

Go to Table of Content
Clause 50(1)(b) and the foregoing
provisions of Clause 50(3);

(ii) the Engineer may in the absence of any

claim assess and determine the delay that
he considers has been suffered by the
Contractor as a result of any of the events
described in Clause 50(1)(b) in which case
he shall determine, grant and notify in
writing to the Contractor any such

>>>
extension he considers appropriate;

(iii) notwithstanding Clause 50(2) and the

Go to Table of Content
foregoing provisions of this Clause 50(3),
the Engineer may in the event of failure by
the Contractor to comply with the
provisions of Clause 50(2) consider such
extension to the extent that the Engineer is
able on the information available.

(4) If the Engineer decides that the Contractor is not

entitled to an extension, the Engineer shall as
soon as reasonably practicable notify the

>>>
Contractor in writing accordingly.

(5) (a) Without prejudice to the Engineer’s powers

Go to Table of Conten
pursuant to Clause 50(3)(b), the Contractor
shall not be entitled to an extension of time
by reason of any delay unless such delay
actually affects substantial completion of
the Works or any Section or achievement of
any Stage by the relevant Key Date.

(b) Any extension to a Key Date shall not of

itself entitle the Contractor to an extension
to any other Key Date.

(6) The Engineer shall within 28 days of the issue of

either the certificate of completion of the Works
or, in the event of division of the Works into
Sections, of the certificate of completion of the
last Section review and finally determine and

Chapter 5 (Rev. 1) 309

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A4A Extension of time (alternative version)

certify the overall extension of time (if any) to

which he considers the Contractor is entitled in
respect of the Works or any Section or any
Stage. Such final review shall not result in a
decrease in any extension of time already
granted by the Engineer under Clause 50(3).

Go to Table of Content
(7) For the avoidance of doubt if the Engineer
grants an extension of time in respect of a cause
of delay occurring after the Employer is entitled
to recover liquidated damages in respect of the
Works or any Section or any Stage, the period of
extension of time granted shall be added to the
relevant Key Date identified in the Appendix to
the Form of Tender or, if the same has been
extended in accordance with this Clause 50, the
relevant previously extended Key Date.

>>>
(8) Except as provided elsewhere in the Contract,
any extension of time granted by the Engineer to

Go to Table of Content
the Contractor shall be deemed to be in full
compensation and satisfaction for any loss or
injury sustained or sustainable by the
Contractor in respect of any matter or thing in
connection with which such extension shall have
been granted and every extension shall exonerate
the Contractor from any claim or demand on the
part of the Employer for the delay during the
period of such extension but not for any delay
continued beyond such period.

>>>
(9) For the purpose of this Clause, “Black
Rainstorm Warning” means a warning issued by

Go to Table of Conten
the Director of Hong Kong Observatory of a
heavy rainstorm in, or in the vicinity of, Hong
Kong by the use of the heavy rainstorm signal
commonly referred to as “Black”.”

Chapter 5 (Rev. 1) 310

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A5 Liquidated damages for delay

(1) General Conditions of Contract Clause 52 is deleted and Liquidated Must be

replaced by the following : damages for delay used with
SCC
“52 (1) If the Contractor fails to achieve any Stage or A1 - A4 and
complete the Works or, where the Works are A6 –A9
divided into Sections, any Section by the relevant
Key Date, then the Employer shall be entitled to

Go to Table of Content
recover from the Contractor liquidated damages,
and may but shall not be bound to deduct such
damages either in whole or in part, in
accordance with the provisions of Clause 83.
The payment of such damages shall not relieve
the Contractor from his obligation to complete
the Works or from any other of his obligation
under the Contract.

(2) (a) The liquidated damages shall be calculated

>>>
using the rate per day prescribed in the
Appendix to the Form of Tender, either for
the Works or for the relevant Section or

Go to Table of Content
Stage, whichever is applicable.

Provided that, if the Engineer :

(i) certifies completion under Clause

53(5) of any part of the Works before
completion of the Works or, where the
Works are divided into Sections, any
part of any Section before the
completion of the whole thereof, or

>>>
(ii) certifies achievement under Clause
53(9) of any part of any Stage before

Go to Table of Conten
achievement of the Stage,

then the daily rate of liquidated damages

for the Works, the relevant Section or the
relevant Stage , as the case may be, shall
from the date of such certification be
reduced in the proportion which the value
of the part so certified bears to the value of
the Works, the relevant Section or the
relevant Stage, as applicable, both values as
of the date of such certification shall be
determined by the Engineer.

(b) The obligations to achieve any Stage and to

complete the Works or, where the Works
are divided into Sections, any Section by the

Chapter 5 (Rev. 1) 311

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A5 Liquidated damages for delay

relevant Key Dates are separate obligations

of the Contractor. The Contractor
acknowledges that the liquidated damages
have been estimated by the Employer on
the basis of damages likely to be suffered as
a result of failure to meet any relevant Key
Date irrespective of and independent from

Go to Table of Content
any damages which are likely to be suffered
as a result of failure to meet any other Key
Date. Liquidated damages attributed to
separate Key Dates may, therefore, run
concurrently.

(3) The period for which liquidated damages shall

be calculated shall be the number of days from
the relevant Key Date until and including the
date when the Works are completed or, where

>>>
the Works are divided into Sections, the relevant
Section is completed or, as the case may be, the
relevant Stage is achieved.

Go to Table of Content
Provided that, if the Engineer subsequently
grants an extension of time which affects the
period described above, then the Employer shall
reimburse the Contractor the liquidated
damages for the number of days so affected at
the rate described in sub-clause (2) of this Clause
together with interest at the rate provided for in
Clause 79(4) within 28 days of the granting of
such extension of time.

>>>
(4) All monies payable by the Contractor to the
Employer pursuant to this Clause shall be paid

Go to Table of Conten
as liquidated damages for delay and not as a
penalty.”

“[(5) Notwithstanding the proviso to Clause 52(2)(a)

the resulting daily rate of liquidated damages for
the Works, any Section or any Stage after
reduction in accordance with that proviso shall
not be less than the minimum rate per day of
liquidated damages for the Works, the relevant
Section or the relevant Stage, as the case may be,
as stated in the Appendix to the Form of
Tender.]*”

Chapter 5 (Rev. 1) 312

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A5 Liquidated damages for delay

[Note : *Sub-clause (5) should be deleted if no minimum ) Not part

liquidated damages is specified in the Appendix to of
the Form of Tender.] ) the SCC

Go to Table of Content
>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 313

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A6 Variations

(1) General Conditions of Contract Clause 60 is deleted and Variations Must be

replaced by the following : used with
SCC
“60 (1) The Engineer shall order any variation to any A1 – A5
part of the Works or any Stage that is in his and
opinion necessary for the completion of the A7 – A9
Works or for the achievement of any Stage and

Go to Table of Content
may order any variation that is in his opinion
desirable to achieve satisfactory or timely
completion, or improved or more economic
functioning of the Works or to achieve
satisfactory or timely achievement of any Stage,
or on aesthetic grounds. Such variations may
include:

(a) additions, omissions, substitutions,

alterations, changes in quality, form,

>>>
character, kind, position, dimension, level
or line;

Go to Table of Content
(b) changes to any sequence, method or timing
of construction specified in the Contract;
and

(c) changes to any Portion or part of the Site or

access thereto,

and may be ordered during the Maintenance

Period.

>>>
(2) No such variation shall be made by the
Contractor without an order in writing, in the ) Fill in the
form specified in Appendix ____ hereto, by the ) Appendix

Go to Table of Conten
Engineer. No variation shall in any way vitiate ) No.
or invalidate the Contract, but the value of all
such variations determined in accordance with
Clause 61 shall be taken into account by the
Engineer in ascertaining the Final Contract
Sum.

(3) The Employer may procure that work omitted

as a variation to the Works pursuant to an
order under Clause 60(1) be carried out by
another contractor provided always that:

(a) upon such omitted work being let to

another contractor, the Engineer shall ,
subject to the provisions of Clause 60(4),
determine a fair amount in respect of the

Chapter 5 (Rev. 1) 314

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A6 Variations

profit reasonably anticipated by the

Contractor in respect of such omitted work
as at the time of the relevant variation
order and shall make such revision to the
Final Contract Sum; and

(b) if the effect of the omission of such work

Go to Table of Content
would be to reduce an extension of time to
which the Contractor would otherwise
have been entitled had no such variation
been ordered, the Engineer shall take the
effect of such omission into account and,
subject to the provisions of Clause 50,
grant such extension of time (if any) so as
to put the Contractor in no better and no
worse position than if the said variation
had not been ordered.

>>>
(4) Sub-clause (3)(a) of this Clause shall have no
application if the omitted work is let to another

Go to Table of Content
contractor after the issue of the certificate of
completion of the Works or earlier termination
of the Contract or determination of the
Contractor’s employment, entry and expulsion
in accordance with Clause 81. In the event of
different certificates of completion having been
issued for different Sections or parts of the
Works pursuant to Clause 53, the expression
“certificate of completion” shall for the purpose
of this sub-clause, mean the last of such

>>>
certificates.

(5) An instruction of the Engineer requiring the

Go to Table of Conten
Contractor to comply with his obligations under
Clause 30 or arising from a breach or
apprehended breach by the Contractor of his
obligations under Clause 30, shall not under any
circumstances constitute a variation for the
purposes of this Clause 60.

(6) The Engineer may order a variation to any part

of the outstanding work referred to in Clause 53
during the Maintenance Period if such a
variation shall in the opinion of the Engineer be
desirable for or to achieve the satisfactory
completion and functioning of the Works.”

Chapter 5 (Rev. 1) 315

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A7 Stages and Key Dates

(1) General Conditions of Contract Clause 1(1) is amended by Stages and Key Must be
adding the following : Dates used with
SCC A1 -
“ “Key Date” means a date identified as such in the A6 and
Appendix to the Form of Tender as the same may be A8 – A9
extended in accordance with Clause 50.

Go to Table of Content
“Stage” means a degree of achievement in the execution of
the Works identified as such and more particularly
described in the Specification for which a Key Date for the
achievement thereof is stipulated in the Appendix to the
Form of Tender.”

(2) General Conditions of Contract Clause 1(1) is amended by

replacing the definition of “Section” with the following:

“ “Section” means a part of the Works identified as such

>>>
and more particularly described in the Specification for
which a Key Date for the completion thereof is stipulated in
the Appendix to the Form of Tender.”

Go to Table of Content
(3) General Conditions of Contract Clause 49(1) is deleted and
replaced by the following :

“49 (1) The Works and any Section thereof shall be

completed and any Stage shall be achieved by the
respective Key Dates thereof.”

(4) General Conditions of Contract Clause 51(1) is deleted and

replaced by the following :

>>>
“51 (1) If the rate of progress of the Works or any
Section thereof or any Stage is at any time in the

Go to Table of Conten
opinion of the Engineer too slow to ensure
completion of the Works or any Section thereof
or the achievement of any Stage by the relevant
Key Date, the Engineer may so inform the
Contractor in writing and the Contractor shall
immediately take such steps as are necessary to
expedite the completion of the Works or any
Section thereof or the achievement of any Stage
by the relevant Key Date. The Contractor shall
inform the Engineer of such proposed steps and
review the Works Programme in accordance with
Clause 16(6)(b)(ii).”

(5) General Conditions of Contract Clause 53 is amended by

adding the following :

Chapter 5 (Rev. 1) 316

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A7 Stages and Key Dates

“53 (8) When a Stage has been achieved and has

satisfactorily passed any test that may be
prescribed by the Contract, the Contractor may
serve notice in writing to that effect on the
Engineer, accompanied by an undertaking to
carry out any outstanding work as soon as
practicable but in any event within 42 days of

Go to Table of Content
issue of the certificate of achievement,
requesting the Engineer to issue a certificate of
achievement in respect of that Stage. The
Engineer shall within 21 days of the date of
receipt of such notice either :

(a) issue a certificate of achievement stating

the date on which, in the Engineer’s
opinion, the Stage was achieved in
accordance with the Contract, or

>>>
(b) issue instructions in writing to the
Contractor specifying all the work which,

Go to Table of Content
in the Engineer’s opinion, is required to be
done by the Contractor before such
certificate of achievement can be issued, in
which case the Contractor shall be entitled
to receive such certificate of achievement
within 14 days of carrying out to the
satisfaction of the Engineer the works
specified by the said instructions.

(9) (a) The Engineer shall give a certificate of

>>>
achievement in respect of any part of any
Stage which has been achieved to the
satisfaction of the Engineer and is

Go to Table of Conten
required by the Employer for occupation
or use or by any utility undertaking or
other duly constituted authority for
carrying out on or adjacent to the Site any
work not included in the Contract but
required by the Employer before
achievement of the Stage.

(b) The Engineer, following a written request

by the Contractor, may give a certificate of
achievement in respect of any part of any
Stage which has been achieved to the
satisfaction of the Engineer before
achievement of the Stage and is capable of
occupation and/or use by the Employer for
any purpose or capable of occupation

Chapter 5 (Rev. 1) 317

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A7 Stages and Key Dates

and/or use by any utility undertaking or

other duly constituted authority for
carrying out on or adjacent to the Site any
work not included in the Contract but
required by the Employer.

(10) Achievement of a Stage shall not of itself

Go to Table of Content
constitute completion or substantial completion
of a part of the Works for the purposes of
Clause 53(5).”

(6) General Conditions of Contract Clause 63(a) is deleted and

replaced by the following :

“63 (a) the Contractor not having received in due time

necessary instructions, orders, directions,
decisions, Drawings, specifications, details or

>>>
levels from the Engineer for which the
Contractor specifically applied in writing on a
date which having regard to the Key Date for

Go to Table of Content
completion of the Works or any Section or
achievement of any Stage was neither
unreasonably distant from nor unreasonably
close to the date on which it was necessary for
the Contractor to receive the same, or”

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 318

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A8 Maintenance of records

(1) The Contractor shall establish at the Site or elsewhere as Maintenance of Must be
may be permitted in writing by the Engineer an office which records used with
shall be staffed during all normal business hours and at SCC A1 –
which shall be kept copies of all documents relating to or A7 & A9
arising under the Contract and a complete, up-to-date and
orderly documentary record of all transactions entered into
by the Contractor for the purposes of the Contract,

Go to Table of Content
including copies of all sub-contracts, purchase orders,
correspondence, whether by letter, telex, facsimile or
electronic transmission, manufacturer’s specifications and
details, minutes of meetings, all documents relating to the
procurement of Constructional Plant, goods and materials,
payroll and salary cost records, and all other matters
whatsoever.

(2) To the extent that the design and other records of the
Contractor are to be created and/or maintained on a

>>>
computer or other information system or data storage
device, the Contractor shall agree with the Engineer a
procedure for backup and off-Site storage of copies of such

Go to Table of Content
design and other records and shall adhere, and shall cause
its sub-contractors [and the engineer carrying out
independent checking of the Temporary Works in
accordance with Special Conditions of Contract
Clause ] * to adhere, to such agreed procedure.

(3) If the Contractor uses proprietary software for the purpose

of storing or utilizing records maintained in accordance
with sub-clause (1) of this Clause and sub-clause (3) of
Clause 64 of the General Conditions of Contract, the

>>>
Contractor shall procure at his own expense the grant of a
licence or sub-licence to use such software in favour of the
Employer, the Engineer and their respective agents and

Go to Table of Conten
employees and shall pay such licence fee or other payment
as the grantor of such licence may require provided that the
use of such software under the licence may be restricted to
use relating to the design, construction, reconstruction,
completion, maintenance, reinstatement, extension, repair
and operation of the Works or any part thereof or any other
works required to be carried out by the Employer in Hong
Kong (irrespective of whether or not such works are related
to the Works) and settlement of disputes or differences in
accordance with Clause 86 of the General Conditions of
Contract.

*
The words in square brackets should be deleted if SCC clause 26 “Independent Checking of the Design, Erection, Use and
Removal of Temporary Works” of the Works Bureau Library of Standard Special Conditions of Contract is not adopted.

Chapter 5 (Rev. 1) 319

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A8 Maintenance of records

(4) General Conditions of Contract Clause 6 is amended by

replacing sub-clause (5) with the following :

“(5) Without prejudice to the generality of Clause A8(1)

of the Special Conditions of Contract, one copy of the
Drawings furnished to the Contractor as aforesaid
shall be kept by the Contractor on the Site and the

Go to Table of Content
same shall at all reasonable times be available for
inspection and use by the Engineer and the
Engineer’s Representative and by any other person
authorized by the Engineer in writing.”

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 320

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A9 Construction methods

(1) The Contractor shall submit in accordance with General Construction Must be
Conditions of Contract Clause 7 such documents and methods used with
information pertaining to the methods of construction SCC A1 –
(including Temporary Works [other than those parts of the A8
Temporary Works which are subject to independent
checking in accordance with Special Conditions of
Contract Clause _____ 1 ] and the use of Constructional

Go to Table of Content
Plant) which the Contractor proposes to adopt or use and
such calculations of stresses, strains and deflections that
will or may arise in the permanent work or any parts
thereof during construction from the use of such methods
as will enable the Engineer to decide whether, if such
methods are adhered to, the Works can be executed in
accordance with the Drawings and the Specification and
without detriment when completed to the permanent work.

(2) The Engineer shall inform the Contractor in writing within

>>>
a reasonable period after receipt of the information
submitted in accordance with sub-clause (1) of this Clause :

Go to Table of Content
(a) that the Contractor’s proposed methods of
construction have the consent of the Engineer (which
consent shall not be unreasonably withheld); or
(b) in what respects in the opinion of the Engineer the
Contractor’s proposed methods of construction :

(i) fail to meet the requirements of the Drawings

and/or the Specification; or

(ii) would be detrimental to the permanent work;

>>>
or

(iii) do not comply with the other requirements of

Go to Table of Conten
the Contract; or

(c) as to the further documents or information which are

required to enable the Engineer properly to assess the
proposed methods of construction.

In the event that the Engineer does not give his consent, the
Contractor shall take such steps or make such changes in
the said methods or supply such further documents or
information as may be necessary to meet the Engineer’s
requirements and to obtain his consent. The Contractor
shall not change the methods of construction which have
received the Engineer’s consent without the further consent
in writing of the Engineer which shall not be unreasonably

1
Insert SCC Clause number for checking of Temporary Works here.

Chapter 5 (Rev. 1) 321

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A9 Construction methods

withheld.

(3) The Engineer shall at the written request of the Contractor

provide to the Contractor such design criteria relating to
the permanent work or any Temporary Works designed by
the Engineer which are relevant, in the opinion of the
Engineer, to the Contractor’s obligations under sub-clauses

Go to Table of Content
(1) and (2) of this Clause.

(4) If the Engineer’s consent to the proposed methods of

construction shall be unreasonably withheld or delayed or
if the requirements of the Engineer pursuant to sub-clauses
(2)(b)(i) and (ii) of this Clause or any limitations imposed
by any of the design criteria supplied by the Engineer
pursuant to sub-clause (3) of this Clause could not
reasonably have been foreseen by an experienced
contractor at the time of tender and if in consequence of

>>>
any of the aforesaid the Contractor unavoidably incurs
delay or Cost the Engineer shall :

Go to Table of Content
(a) subject to Clause 50 of the General Conditions of
Contract take such delay into account in determining
any extension of time to which the Contractor is
entitled, and

(b) subject to Clause 64 of the General Conditions of

Contract and as soon as reasonably practicable
determine such sum in respect of the Cost incurred
and notify the Contractor in writing of such
determination.

>>>
(5) Notwithstanding the foregoing provisions of this Clause or
that certain of the Contractor’s proposed methods of

Go to Table of Conten
construction may be the subject of the consent of the
Engineer given in accordance with sub-clause (2) of this
Clause, the Contractor shall not be relieved of any liability
or obligation under the Contract nor shall the same bind or
create any obligation or liability on the part of the
Employer.

Chapter 5 (Rev. 1) 322

 Project Administration Handbook for Civil Engineering Works 2012 Edition

S.C.C. A10 General damages

+
(1) General Conditions of Contract Clause 52 shall not apply General damages Optional.
to [Section ] of the Works. When is
used, must
(2) If the Contractor fails to complete [Section ] of the be used
Works by the relevant Key Date, he shall indemnify the with SCC
Employer against all loss or liability incurred by the A1 – A9

Go to Table of Content
Employer (including without limitation any and all liability and
under the Employer’s contracts with third parties) arising include in
from the delay between the Key Date for [Section ] the tender
and the date of completion of [Section ] certified in document
accordance with General Conditions of Contract Clause 53. a Special
All amounts payable by the Contractor pursuant to this Condition
Special Condition of Contract Clause A10 are hereafter to of Tender
as “general damages”. along the
lines at
Appendix

>>>
5.36
(3) The Employer may but shall not be bound to deduct such
general damages, either in whole or in part, in accordance

Go to Table of Content
with the provisions of General Conditions of Contract
Clause 83. The payment of such damages shall not relieve
the Contractor from his obligations to complete the Works
or from any other of his obligations under the Contract.

(4) * The total amount of general damages in respect of

[Section ] of the Works to which this Special
Condition of Contract Clause A10 applies shall be limited
in aggregate to the relevant sum stated in the Appendix to
the Form of Tender.

>>>
(5) If the Engineer subsequently grants an extension or further
extension of time for completion of [Section ] of the

Go to Table of Conten
Works such that the Employer shall no longer be entitled to
general damages in respect of the period of such extension,
then any sum in respect of such extension which may
already have been recovered under this Special Condition
of Contract Clause A10 shall be reimbursed forthwith to
the Contractor together with interest at the rate provided
for in General Conditions of Contract Clause 79(4) within
28 days of the granting of such extension of time.

+
To adopt where liquidated damages will not apply in respect to the Works, any Section or Stage and general damages are to be
recoverable.
*
Sub-clause (4) should be deleted (and sub-clause (5) re-numbered accordingly) if it is decided, in relation to a particular project,
that there is no need to limit the total amount of general damages payable.

Chapter 5 (Rev. 1) 323

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.37 SPECIAL CONDITIONS OF TENDER FOR USE IN MEGA PROJECT

CONTRACTS
(Ref.: WBTC No. 26/2002)

SCT (General damages)

The tenderer’s attention is drawn to the Contractor’s obligation under Special

Go to Table of Content
Conditions of Contract Clause A10 to indemnify the Employer against all loss
or liability incurred by the Employer (including without limitation any and all
liability under the Employer’s contracts with third parties) arising from the
delay in completion of [Section ] of the Works. Based on the
information currently available to the Employer such loss or liability would
include without limitation the Employer’s obligation to compensate [specify
the third party(ies) and refer to the relevant contract(s)/agreement(s) with the
third party(ies) as described in Appendix [ ] to these Special Conditions of
Tender. The tenderer shall be deemed to have allowed in his tender for all
the risks, liabilities and obligations set out or implied in the Contract and all

>>>
matters and things necessary for the proper execution of the Works including
without limitation the full extent of the obligation to comply with the
provisions of Special Conditions of Contract Clause A10.

Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 324

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.38 GUIDELINES FOR THE DEVELOPMENT OF MAJOR INFRASTRUCTURE

PROJECTS
(Ref.: S for W’s memo ref. () in WB(W) 216/29/2 dated 10.05.2001)

A Background

The original set of the Guidelines was prepared based on experience learnt from the
implementation of the Airport Core Programme. Since its promulgation in October 1999, the

Go to Table of Content
Guidelines had been applied in a few major infrastructure projects. A review of the application of the
Guidelines was later completed. Based on the feedbacks from the bureaux and departments, the
Guidelines were considered generally in order but it would be appropriate to highlight in the
Guidelines the need to address environmental issues at the earliest possible stage. As a result, a set of
updated internal administrative guidelines for managing the delivery of major infrastructure projects
was promulgated with paragraph 8 of the Guidelines expanded accordingly.

B Application

The Guidelines should be given full regard and careful consideration before embarking on

>>>
major infrastructure projects. The Guidelines cover all stages in the delivery of a major
infrastructure project starting from the initial selection of a suitable delivery agent through to the final
operation stage. In addition, they contain special features such as project auditing, risk assessment

Go to Table of Content
and contingency planning. Thus all bureaux and works departments dealing with such projects
should comply with the Guidelines as a matter of policy. However it should be realized that major
infrastructure projects may differ widely in nature and that different institutional arrangements for
their delivery are possible. These Guidelines are therefore meant to be only broad principles of
general applicability. During the implementation process the concerned policy bureau could further
develop or refine them to suit the circumstances of individual project. Due consideration should be
given to the complexity of the project, number of parties involved, number of interfaces and so forth.
The Development Bureau will continue to monitor, review and update the Guidelines.

C The Guidelines

>>>
The Guidelines are set out in the following pages.

Go to Table of Conten

Chapter 5 (Rev. 1) 325

 Project Administration Handbook for Civil Engineering Works 2012 Edition

GUIDELINES FOR THE DEVELOPMENT OF

MAJOR INFRASTRUCTURE PROJECTS
CONTENTS

I. Selecting the Most Appropriate Institutional Entity of

Delivery ………………………………………………………………………………. 1

II. Clear Demarcation of Responsibility and 1

Go to Table of Content
Authority ………………………………….

III. Good Governance as a General 2

Requirement ………………………………………...

IV. A Unified Project Management 2

Approach ……………………………………………

V. Check and 3
Balance ……………………………………………………………………

>>>
VI. Transparency and 4
Co-ordination ……………………………………………………...

Go to Table of Content
VII. Programme 5
Management ……………………………………………………………..

VIII. Managing the Transition from Construction to 5

Operation ……………………………

IX. An International 6
Perspective ………………………………………………………….

>>>
X. Use of an 6
Auditor ……………………………………………………………………..

Go to Table of Conten
XI. Risk Assessment and Contingency 6
Plan ……………………………………………...

XII. Community 6
Support …………………………………………………………………..

Chapter 5 (Rev. 1) 326

 Project Administration Handbook for Civil Engineering Works 2012 Edition

GUIDELINES FOR THE DEVELOPMENT OF

MAJOR INFRASTRUCTURE PROJECTS

I. Selecting the Most Appropriate Institutional Entity of Delivery

At a very early stage, careful thought should be given to how a project is to be

delivered. A comparison should be made of the basic choices, such as
designating a Government department as the delivery agent, commissioning a

Go to Table of Content
statutory organization as the executive agency or involving a private enterprise
through a franchise or some other form of agreement. As a general rule, we
should give a project to a Government department, a statutory organization or
a private enterprise for delivery only when their ability to do so has been fully
proven. The degree of control available to Government (in case of a
non-government delivery agent), the track record of the organization and the
experience of the key personnel involved are important considerations which
would need to be taken into account.

II. Clear Demarcation of Responsibility and Authority

>>>
2. After the selection of the institutional entity of delivery, a basic ‘charter’
should be drawn up in consultation with the concerned parties, setting out

Go to Table of Content
the control and monitoring framework, with detailed description of their
respective roles and responsibilities. Three points are particularly
important:-

(a) Authority and responsibility must be aligned – Parties involved must

not be left in any doubt as to their own responsibilities, whatever the
overall monitoring mechanism is. In the case of a project
undertaken by a non-Government organization, the demarcation of
responsibilities must be clearly spelt out and formally agreed
between Government and the organization and widely promulgated.

>>>
Government must avoid getting more involved than its position
requires, which might create the wrong impression that the success
or otherwise of the project is a Government responsibility.

(b) ‘Re-energization’ is required – Parties involved in the delivery of a Go to Table of Conten

project should be reminded of their respective roles and
responsibilities from time to time so that there will be no
misunderstanding of what they should be. There can be updating
exercises, conferences or seminars at crucial points for
re-familiarization as necessary.

(c) In the ‘charter’, there should be clear and precise procedures and
standards for measuring, tracking and reporting progress of the
project by the delivery agent and all concerned parties. A commonly
accepted glossary of terms and reporting formats for this purpose
should be included.

III. Good Governance as a General Requirement

Chapter 5 (Rev. 1) 327

 Project Administration Handbook for Civil Engineering Works 2012 Edition

3. This is of particular importance when the implementation of a huge and

complex project is undertaken by a statutory organization, which is
autonomous by law. The proper governance of the statutory
organization is of pivotal importance. For example, its chairman and
members are knowledgeable about the main functional areas of the
project (e.g. engineering, finance, management, information technology,
legal, etc) or can have ready access to external expert advice. The Board
of the statutory organization and its senior management should work
together as a fully integrated entity with their responsibilities and

Go to Table of Content
relationship clearly delineated. The Board should be given authority
commensurate with its responsibilities, including power to hire and fire
staff. In order not to undermine the authority of the Board, Government
should deal with the Board as far as practicable rather than solely with its
staff.

IV. A Unified Project Management Approach

4. For a large scale project involving a multitude of key activities which

must be centrally coordinated, consideration should be given to setting up

>>>
a central point of monitoring and control with sufficient authority over
project scope, schedule and budgets.

Go to Table of Content
(a) Where Government has the ultimate responsibility and authority,
certain powers should be vested in a Project Management Office
within Government. In addition to authority, the Office would
need to be provided with the necessary resources so that it is able to
control critical milestones, use budget and project contingencies,
order risk assessments and authorize acceleration of works. On
top of this Office and directing its operation should be a high-level
Steering Committee overseeing progress and budget of the project.

(b) Where the works have to be carried out by a statutory organization,

>>>
a Steering Committee and a Project Management Office should be
set up by mutual agreement. The respective responsibilities of the
Steering Committee, the Project Management Office and the

Go to Table of Conten
organization must be clearly delineated and promulgated,
preferably in a Project Agreement. The Project Agreement should
also cover other terms and conditions and serve as a binding
document between the organization and the Government. It will
need to be approved by both the management Board of the
organization and the Government’s policy secretary in charge of the
project. As a general point, both the Steering Committee and the
Project Management Office should have readily available
professional input at a senior level, from either the head or senior
members of the concerned Government department.

5. The project management framework in paragraph 4(b) above should also

apply to situations where a number of projects which require close
co-ordination are to be delivered in a mixed manner, i.e. some by
Government and some by one or several autonomous statutory
organizations. For entrustment works, the statutory organization will

Chapter 5 (Rev. 1) 328

 Project Administration Handbook for Civil Engineering Works 2012 Edition

operate as the works agent for Government, and the same project
management structure as set out in paragraph 4(a) should be considered
although there is a case for a closer level of monitoring by the Project
Management Office because of the more immediate accountability of
Government for the timely completion of the works.

V. Check and Balance

6. At the macro level, a Project Management Office independent of the

Go to Table of Content
delivery agent working direct to a Steering Committee should operate as
check and balance by way of exercising overall project management and
control – see paragraphs 4 and 5 above. Depending on the nature and
complexity of individual projects, the Office could be headed by a
professional, if considered necessary.

7. At the micro level, out-sourced project management – Consideration

should be given to contracting out project management or construction
management services for new types of projects and for projects
undertaken by an organization without a significant history in

>>>
constructing and operating similar projects using its own resources.
Leaving everything to the project team within the organization will run
the risk of the project team being too much in control, to the detriment of

Go to Table of Content
the overall objectives of the project. The situation is particularly
unsatisfactory when internal monitoring is absent or weak, or when the
project team dominates the operation team.

8. Ongoing reviews during the design and construction stages – Technical

viability considerations, including environmental issues, must be
addressed in the design of the project at the earliest possible stage, before
designs are fully committed. Design and construction should not be
carried out in parallel as far as possible. Where this is necessary, a
special mechanism would need to be set up to deal with design changes

>>>
and their impact on project delivery so as to mitigate problems. In
addition, an ongoing programme of value engineering by the project team
and a one-off peer review of the project by an independent expert should

Go to Table of Conten
be considered.

9. Early involvement of the operation team or the users – Assuming there is

an ultimate operation team or user(s) of the facilities (not necessarily the
owner) who can be identified early, the operation team or the users should
be involved at the earliest possible stage. Operability should be an
important consideration at the design stage and customer orientation
should be recognized throughout the life cycle of the project. This is
particularly true of integrated operational systems. Early and
comprehensive work on systems performance and technical specifications,
operational characteristics and systems integration planning should
require and respect input from the operation team. The procuring body
must spell out its specifications in clear and comprehensive terms which
do not allow for any alternative interpretation. The bidder of a systems
contract must be able to demonstrate that he fully understands the
proposed systems before a contract is awarded to him. This would

Chapter 5 (Rev. 1) 329

 Project Administration Handbook for Civil Engineering Works 2012 Edition

prevent substantial changes to the specifications at a later stage. Where

changes are inevitable, they should be thoroughly discussed between the
project team and the operation team and properly authorized at the
appropriate level. A full documentary record of any such changes
should be kept.

10. Formal handing over of systems to the operation team – At a

predetermined point in the master programme, the systems must be
handed over formally to the operation team, who would then assess the

Go to Table of Content
operational status in accordance with their priorities during the
commissioning stage and determine whether the systems are in fact ready
for operational use on the target opening day.

11. Confirming readiness all around – There should be a predetermined

checklist, prepared by an independent expert where appropriate, to be
signed off by each and everyone of the operators of the key systems,
attesting to the compliance and readiness of the systems for the opening
day and the satisfactory completion of the required training, testing and
trial activities. Any discrepancy must be attended to by the project team

>>>
and/or the operation team as appropriate at the earliest possible
opportunity. Unless the checklist is completely signed off, the project
must not be considered ready for operational use. If an opening date for

Go to Table of Content
the project has been fixed well in advance, the opening date will need to be
critically reviewed if items in the checklist are still outstanding. Where
appropriate, this procedure of self-verification can be enhanced by an
independent expert audit (see paragraph 19 below) or be tied in with
statutory licensing procedures.

VI. Transparency and Co-ordination

12. Use an ‘open book’ approach to project management – Throughout the

project management cycle, there shall be no withholding of information

>>>
by the delivery agent. This is achieved through an ‘open book’ concept
which includes full access for all concerned parties to reports and
information notes, open attendance at review meetings etc. The Project

Go to Table of Conten
Management Office will take the lead and set the example. It is
recognized that there may be restrictions where proprietary or
commercially sensitive information is involved. However, if the principle
is recognized there should be a free flow of information between the
project team and the Project Management Office, and between the
delivery agent and their business partners, franchisees and Government
departments to facilitate effective monitoring of progress of all key items.

13. Co-ordination meetings and progress review meetings – The successful

airport relocation exercise and operations of Government departments at
the airport highlight the importance of an early start on co-ordination and
a close working relationship between the parties concerned. If outside
agents or business partners are involved in the provision of services, their
activities should be properly co-ordinated by the delivery agent.
However the delivery agent should avoid creating too many committees
with overlapping functions and responsibilities, but should rather devise

Chapter 5 (Rev. 1) 330

 Project Administration Handbook for Civil Engineering Works 2012 Edition

an open, comprehensive and flexible coordination mechanism.

Moreover, progress reports should be studied carefully and digested, and
any problems identified from such reports should be brought up for
discussion in the appropriate forum. All discussions and decisions made
together with subsequent actions should be properly documented.

VII. Programme Management

14. Use of well-defined critical milestones as ‘project decision points’ – There

Go to Table of Content
should be established targets and critical milestones incorporated into
baseline implementation plans and contracts. Milestones should be
integrated with scope control documents and programmes, and must be
rigorously controlled. If a critical milestone is missed or forecast to be
missed by a certain threshold value, the Project Management Office
should be in a position to order an impact study or a risk assessment to
determine possible ‘workarounds’, such as resequencing or acceleration,
based on the invariable assumption that unless ‘workarounds’ are
available and authorized, the opening date will be delayed by at least a
corresponding duration as the milestone is missed. The burden of proof

>>>
to overcome this assumption will rest with the project team.

15. A master programme for overview and tracking of progress – A project

Go to Table of Content
should proceed on the basis of a master programme that links activities
together and allows progress and impact of delays to be measured.
Without it, formal programme risk assessment cannot be conducted.
The delivery agent must provide the Project Management Office with a
comprehensive master programme setting out the resource requirements,
updated and statused on a regular basis for control and monitoring
purposes. Where applicable, the master programme should incorporate
key dates for awarding contracts in time to meet the project completion
date and key transitional activities such as progression from construction
to operation.

>>>
16. Critical item reporting – The flow of information from the delivery agent
to the Project Management Office and from the Project Management

Go to Table of Conten
Office to the Steering Committee must be complete and honest. There
should exist a mechanism whereby critical items are identified and
reported on with follow-up actions taken as a matter of course. It will be
a prime function of the Project Management Office to ensure that such a
system is in place and is strongly enforced.

VIII. Managing the Transition from Construction to Operation

17. Transitional activities such as testing, commissioning, training and trials

should be co-ordinated by the executive agent for the project on a
comprehensive basis (i.e. all key operators included) as part of the master
programme. There should be ample time allowed for each phase of the
activities. Any compression of the timetable should be critically
reviewed by the Project Management Office and the operation team.
The entire process should be carried out under the overall charge of an

Chapter 5 (Rev. 1) 331

 Project Administration Handbook for Civil Engineering Works 2012 Edition

officer with suitable experience in project management or with close

professional support.

IX. An International Perspective

18. Use of international experts should be considered if local resources are not
available. A degree of ‘networking’ with overseas authorities, overseas
visits and, where appropriate, some international ‘benchmarking’ should
be considered.

Go to Table of Content
X. Use of an Auditor

19. In addition to the regular monitoring system, the Project Management

Office and the delivery agent should also consider separate auditing of the
project by an independent auditor, either on an ad hoc or regular basis as
an additional safeguard on top of the regular monitoring mechanism. It
will be necessary for the auditor to be guaranteed access to full
information on the project so that he can be authorized, for example, to
certify certain key activities such as trials or tests. Care should be taken to

>>>
avoid confusion of roles or duplication of efforts.

XI. Risk Assessment and Contingency Plan

Go to Table of Content
20. At the final stage of the project and in good time, the operation team
should consider an overall risk assessment. Comprehensive contingency
plans, prepared in consultation with all concerned parties and fully tried
out, should exist to deal with unexpected situations with particular
attention to the possible ‘snowballing’ effects of relatively minor
problems. It should be the responsibility of the Project Management
Office to oversee the work of all concerned parties in these issues.

XII. Community Support

>>>
21. Efforts should be made to seek and maintain the support of the
community for the project. This process can become a source of useful

Go to Table of Conten
feedback on the future operation of the project. Publicity activities
however must not be allowed to interfere with project work, particularly
when time is at a premium. Where public expectations run high, care
should be taken to forewarn that for huge and complex projects some
minor difficulties at the commissioning stage might be unavoidable.

Chapter 5 (Rev. 1) 332

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.39 SCC ON SECTION SUBJECT TO EXCISION (FOR USE WITH

GENERAL CONDITIONS OF CONTRACT FOR CIVIL
ENGINEERING WORKS 1999 EDITION)

(1) "Section Subject to Excision" means a Section of the Works which is identified
as such with details in the [ ]+, but the implementation of
which has not been decided upon by the Employer at the time the tender
documents are issued and which shall only be implemented upon a subsequent

Go to Table of Content
decision of the Employer, followed by a written instruction from the Engineer.

(2) The Contractor shall allow for the work within the Section Subject to
Excision in his programme submitted in accordance with General Conditions
of Contract Clause 16.

(3) The Engineer may, within the time stated in the Appendix to the Form of
Tender for ordering the Section Subject to Excision (commencing from and
including the date for commencement of the Works notified by the Engineer

>>>
in accordance with General Conditions of Contract Clause 47), instruct the
Contractor to proceed with the work within that Section.

Go to Table of Content
(4) Notwithstanding the provisions of General Conditions of Contract Clause 47,
the Contractor shall not execute the work within the Section Subject to
Excision without the Engineer's instruction in writing in accordance with
sub-clause (3) of this Clause, but upon receipt of the instruction:

(a) the Contractor shall execute and complete that work within the
Section Subject to Excision within the time for completion of that
Section stated in the Contract, or such extended time as may be
determined in accordance with General Conditions of Contract
Clause 50 and this time for completion commences from and includes

>>>
the date for commencement of the Works notified by the Engineer in
accordance with General Conditions of Contract Clause 47; and

Go to Table of Conten
(b) the Contract shall thereafter be construed in every way as if work
within the Section Subject to Excision had at all times formed part of
the Works.

(5) In the event that the Engineer does not issue an instruction in accordance
with sub-clause (3) of this Clause:

(a) without prejudice to the provisions of General Conditions of Contract

Clause 60, the Contractor shall not thereafter be obliged to execute
and complete the work within the Section Subject to Excision;

(b) the Contractor shall not be entitled to any payment or other

compensation or relief in respect of or attributable to the work within
the Section Subject to Excision;

(c) the Contract shall thereafter be construed in every way as if the work

Chapter 5 (Rev. 1) 333

 Project Administration Handbook for Civil Engineering Works 2012 Edition

within the Section Subject to Excision had not at any time formed
part of the Contract and all references thereto shall have no effect;

(d) the Contractor shall review the programme submitted in accordance

with General Conditions of Contract Clause 16 and, where
appropriate, submit a revised programme to the Engineer in
accordance with General Conditions of Contract Clause 16(2); and

(e) the Contractor shall review each of the other documents submitted in

Go to Table of Content
accordance with the provisions of the Contract (including but not
limited to the documents set out in Appendix [ ] to these Special
Conditions of Contract) and, where appropriate, submit an amended
or varied version of the same to the Engineer.


State the relevant contract provisions.

>>>
NOTE : For contracts which also use SCC 6 in the Library of SCCs (i.e. the SCC on Sectional
Commencement), "Clause 47" referred to in this SCC on Section Subject to Excision
should be replaced by "Clause 47(1)".

Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 334

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.40 SCC ON SECTION SUBJECT TO EXCISION (FOR USE WITH

GENERAL CONDITIONS OF CONTRACT FOR DESIGN AND
BUILD CONTRACTS 1999 EDITION)

(1) "Section Subject to Excision" means a Section of the Works which is identified
as such with details in the [ ]+, but the implementation of
which has not been decided upon by the Employer at the time the tender
documents are issued and which shall only be implemented upon a subsequent

Go to Table of Content
decision of the Employer, followed by a written instruction from the Supervising
Officer.

(2) The Contractor shall allow for the work within the Section Subject to
Excision in his programme submitted in accordance with General Conditions
of Contract Clause 16.

(3) The Supervising Officer may, within the time stated in the Appendix to the
Form of Tender for ordering the Section Subject to Excision (commencing

>>>
from and including the date for commencement of the construction of the
Works notified by the Supervising Officer in accordance with General
Conditions of Contract Clause 47(2)), instruct the Contractor to proceed with

Go to Table of Content
the work within that Section.

(4) Notwithstanding the provisions of General Conditions of Contract Clause 47,

the Contractor shall not execute the work within the Section Subject to
Excision without the Supervising Officer's instruction in writing in accordance
with sub-clause (3) of this Clause, but upon receipt of the instruction:

(a) the Contractor shall execute and complete that work within the
Section Subject to Excision within the time for completion of that
Section stated in the Contract, or such extended time as may be

>>>
determined in accordance with General Conditions of Contract Clause
50 or revised time as may be determined in accordance with General

Go to Table of Conten
Conditions of Contract Clause 13 (if appropriate) or agreed in
accordance with General Conditions of Contract Clause 60 and this
time for completion commences from and includes the date for
commencement of the construction of the Works notified by the
Supervising Officer in accordance with General Conditions of
Contract Clause 47(2); and

(b) the Contract shall thereafter be construed in every way as if work

within the Section Subject to Excision had at all times formed part of
the Works.

(5) In the event that the Supervising Officer does not issue an instruction in
accordance with sub-clause (3) of this Clause:

(a) without prejudice to the provisions of General Conditions of Contract

Clause 60, the Contractor shall not thereafter be obliged to execute
and complete the work within the Section Subject to Excision;

Chapter 5 (Rev. 1) 335

 Project Administration Handbook for Civil Engineering Works 2012 Edition

(b) the Contractor shall not be entitled to any payment or other

compensation or relief in respect of or attributable to the work within
the Section Subject to Excision;

(c) the Contract shall thereafter be construed in every way as if the work
within the Section Subject to Excision had not at any time formed part
of the Contract and all references thereto shall have no effect;

Go to Table of Content
(d) the Contractor shall review the programme submitted in accordance
with General Conditions of Contract Clause 16 and, where
appropriate, submit a revised programme to the Supervising Officer in
accordance with General Conditions of Contract Clause 16(2); and

(e) the Contractor shall review each of the other documents submitted in
accordance with the provisions of the Contract (including but not
limited to the documents set out in Appendix [ ] to these Special
Conditions of Contract) and, where appropriate, submit an amended
or varied version of the same to the Supervising Officer.

>>>
Go to Table of Content

State the relevant contract provisions.

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 336

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.41 NTT ON SECTION SUBJECT TO EXCISION

Notes to Tenderers

[NTT(l) to be included in the Notes to Tenderers when SCC [ ] on Section Subject to

Excision is incorporated. ]

Go to Table of Content
(l) Tenderers are advised that if, by the time a tender recommendation is made,
the Government has decided not to proceed with the work contained within
the Section Subject to Excision as defined in sub-clause (1) of SCC [ ]#,
then the tender price for that Section shall be discarded and the net tender
value shall be taken for the purposes of tender evaluation.
#
Insert the relevant clause number of the SCC clause on Section Subject to Excision.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 337

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.42 NTT ON ANTI-COLLUSION

Tenderers’ attention is drawn to the anti-collusion provisions in GCT 26.

Go to Table of Content
>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 338

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.43 GCT 1 ON DEFINITIONS

Clause Remarks/Guidelines
GCT 1 Definitions
(1) For the purpose of these General
Conditions of Tender and Special
Conditions of Tender, words and
expressions used throughout shall,

Go to Table of Content
except when the context otherwise
requires, have the same meaning
assigned to them under Clause 1(1) of
the General Conditions of Contract.
In addition, the following words and
expressions shall have the meaning
hereby assigned to them:
(a) “Engineer/Architect/Maintenanc # Full description of the “Engineer /
e Surveyor designate” means Architect / Maintenance Surveyor
____# designate” (including full name or,

>>>
(b) “unincorporated joint venture”, as the case may be, full description
“participant”, “incorporated of the post and name of the current
joint venture” and holder of the post, address,

Go to Table of Content
“shareholder” shall bear the telephone number and fax number)
same meanings as those given in should be given in the definition.
paragraph 6 of the Environment,
Transport and Works Bureau
Technical Circular (Works) No.
50/2002 on Contractors’ Joint
Venture.
(c) "person" includes individual,
corporation, partnership, firm

>>>
and unincorporated body.
(2) In these General Conditions of Tender
and Special Conditions of Tender,

Go to Table of Conten
except where the context otherwise
requires, the singular shall include the
plural and vice versa and any gender
shall include all genders.

Chapter 5 (Rev. 1) 339

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.44 GCT 25 ON SUBMISSION OF FURTHER INFORMATION

Clause Remarks/Guidelines
GCT 25 Submission of further information
The tenderer shall upon written request by the * Delete as appropriate.
*Architect/Engineer/Surveyor/Maintenance Surveyor Note: Non submission
designate (which may be issued at any time after the will be regarded as
tender closing date) submit to the withdrawal of
*Architect/Engineer/Surveyor/Maintenance Surveyor tender.

Go to Table of Content
designate within 7 days of the date of issue of the
written request or within reasonable time upon the
written request the following documents:
#[(a) ............................................; # Project office to
(b) ..............................................; and specify the relevant
(c) ...............................................] documents with
reference to the
Failure to comply with this Clause by the tenderer relevant GCT or SCT
shall render his tender invalid. clause, e.g. the

>>>
financial information
as referred to in
General Conditions of

Go to Table of Content
Tender Clause 5.
Such documents
should not contain
information which
will affect the
evaluation process or
the marking scheme.

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 340

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.45 GCT 26 ON ANTI-COLLUSION

Clause Remarks/Guidelines
GCT 26 Anti-collusion
(1) (a) Subject to sub-clause (2) of this
Clause, the tenderer shall not
communicate to any person other
than the Employer the amount of the

Go to Table of Content
tender price or any part thereof until
the tenderer is notified by the
Employer of the outcome of the
tender exercise.
(b) Further to paragraph (a) of this
sub-clause, the tenderer shall not fix
the amount of the tender price or any
part thereof by arrangement with
any other person, make any
arrangement with any person about

>>>
whether or not he or that other
person will or will not submit a
tender or otherwise collude with any

Go to Table of Content
person in any manner whatsoever in
the tendering process.
(c) Any breach of or non-compliance
with this sub-clause by the tenderer
shall, without affecting the tenderer’s
liability for such breach or
non-compliance, invalidate his
tender.
(2) Sub-clause (1)(a) of this Clause shall have

>>>
no application to the tenderer’s
communications in strict confidence with:
(a) his own insurers or brokers to obtain

Go to Table of Conten
an insurance quotation for
computation of tender price;
(b) his consultants or sub-contractors to
solicit their assistance in preparation
of tender submission; and
(c) his bankers in relation to financial
resources for the Contract.

+
(3) The tenderer shall submit with his tender See below.
a duly signed and witnessed letter in the
form set out in Appendix [ ]+ to these
General Conditions of Tender. The
signatory to the letter shall be a person
authorized to sign Government contracts
on the tenderer’s behalf.

Chapter 5 (Rev. 1) 341

 Project Administration Handbook for Civil Engineering Works 2012 Edition

(4) The tenderer shall indemnify and keep

indemnified the Employer against all
losses, damages, costs or expenses arising
out of or in relation to any breach of or
non-compliance with sub-clause (1) of this
Clause by the tenderer, including but not
limited to additional costs due to price
escalation, costs and expenses of
re-tendering and other costs incurred.

Go to Table of Content
Appendix [ ]

To: The Government of the Hong Kong Special

Administrative Region ("Government")

Date: _____________________

Dear Sir/Madam,

>>>
Contract No.: [ ]
Title: [ ]

Go to Table of Content
*[I/We], [(name of the tenderer) of (address * Delete as appropriate.
of the tenderer)]1, refer to *[my/our] tender for the 1 Where the tenderer
above Contract. comprises two or more
*[I/We] confirm that, before *[I/we] sign persons or companies acting
this letter, *[I/we] have read and fully understand in partnership, joint venture
this letter and the anti-collusion clause in General or otherwise, this part in
Conditions of Tender Clause 26. square brackets should be
*[I/We], represent and warrant that in expanded to include the
relation to the tender for the above Contract: respective names and
addresses of such persons or

>>>
(i) *[I/We], other than the Excepted as the case may be
Communications referred to in the companies.
last paragraph of this letter, have not 2 Where the tenderer

Go to Table of Conten
communicated and will not comprises two or more
communicate to any person other than persons or companies acting
the Government the amount of the in partnership, joint venture
tender price or any part thereof until or otherwise, all such
*[I/we] have been notified by the persons or as the case may
Government of the outcome of the be companies must sign.
tender exercise; The signatory for each of
such persons or companies
shall be a person authorized
to sign Government
contracts on behalf of that
person or as the case may be
company.
(ii) *[I/We] have not fixed and will not fix
the amount of the tender price or any
part thereof by arrangement with any

Chapter 5 (Rev. 1) 342

 Project Administration Handbook for Civil Engineering Works 2012 Edition

person;
(iii) *[I/We] have not made and will not
make any arrangement with any
person as to whether *[I/we] or that
other person will or will not submit a
tender; and
(iv) *[I/We] have not otherwise colluded
and will not otherwise collude with
any person in any manner whatsoever

Go to Table of Content
in the tendering process.
*[I/We] shall indemnify and keep
indemnified the Government against all losses,
damages, costs or expenses arising out of or in
relation to any breach of any of the
representations and/or warranties above,
including but not limited to damages for delay,
costs and expenses of re-tendering and other costs
incurred.

>>>
In this letter, the expression “Excepted
Communications” means *[my/our]
communications in strict confidence with:

Go to Table of Content
(i) *[my/our] own insurers or brokers to
obtain an insurance quotation for
computation of tender price;
(ii) *[my/our] consultants or
sub-contractors to solicit their
assistance in preparation of tender
submission; and
(iii) *[my/our] bankers in relation to
financial resources for the Contract.

>>>
Signed for and on behalf of [name of the

Go to Table of Conten
tenderer] by [name and position of the
signatory]2:

Name of Witness: __________________

Signature of Witness: _______________
Occupation: ______________________

Chapter 5 (Rev. 1) 343

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.46 SCC ON BOND FOR OFF-SITE MANUFACTURES OF MAJOR

PREFABRICATION ITEM(S)

S.C.C. xx (1) For purposes of the Contract, “[Major Bond for Off-Site
Prefabrication Items]” shall mean the Manufacture of
following item(s) of works: Major
Prefabrication
Item(s)

Go to Table of Content
(a) [description] identified in [set out the
relevant Drawing number(s) and the
relevant clause/section number(s) of
the Contract documents, e.g.
Specification]; and

(b) ……
[set out details of any further item(s)
of works],

>>>
which has/have been completed off-Site in
accordance with the Contract but is/are yet
to be delivered to the Site for inclusion in

Go to Table of Content
the Works.

(2) Should the Contractor elect to apply for

interim payment for the manufacturing and
fabrication of any Major Prefabrication
Item carried out off-Site before delivery to
Site, the Contractor shall, as a condition
precedent to his right to apply for any
interim payment or to continue to apply for
any interim payment pursuant to General

>>>
Conditions of Contract Clause 79 in
relation to the elected Major Prefabrication
Item, provide the Employer with and

Go to Table of Conten
maintain in existence a separate bond in
the form annexed at Appendix [ ] to the
Special Conditions of Contract covering
the elected Major Prefabrication Item, in
the amount therein described and subject to
the terms more particularly described in
the Contract, with only such amendments
thereto as may previously have been
agreed in writing by the Engineer. The
bond shall be released in the manner
described in the bond. The Contractor shall
submit a separate bond in relation to each
elected Major Prefabrication Item.

Chapter 5 (Rev. 1) 344

 Project Administration Handbook for Civil Engineering Works 2012 Edition

(3) For the avoidance of doubt, if no bond as

described in sub-clause (2) of this Clause
covering the elected Major Prefabrication
Item has been provided to the Employer
and maintained in existence, no interim
payment shall be made under the Contract
for the Major Prefabrication Item and the
payment for such Major Prefabrication
Item shall continue to be processed and

Go to Table of Content
made in the normal manner upon delivery
to Site under the provisions of the
Contract.

(4) Upon the Contractor having provided to

the Employer a duly executed bond under
sub-clause (2) of this Clause in relation to
any Major Prefabrication Item, the
following amendments, effective from the
date of the receipt of such bond by the

>>>
Employer, shall be deemed to have been
made to the Contract:

Go to Table of Content
Clause 21 of General Conditions of
Contract shall be amended by:

(A) Adding to the end of the first

sub-paragraph of sub-clause (1)
after “Specialist Works” but before
the full stop:

“, and, in relation to the Major

>>>
Prefabrication Item(s) for which the
Contractor has provided to the
Employer duly executed bond(s)

Go to Table of Conten
under sub-clause (2) of Special
Conditions of Contract Clause xx,
for the care of the Major
Prefabrication Item(s) whether
stored off-Site or in the course of
transportation.”

(B) Adding after “on the Site,” in line 4

of sub-clause (2):

“or, in relation to the Major

Prefabrication Item(s) for which the
Contractor has provided to the
Employer duly executed bond(s)
under sub-clause (2) of Special
Conditions of Contract Clause xx,

Chapter 5 (Rev. 1) 345

 Project Administration Handbook for Civil Engineering Works 2012 Edition

to the Major Prefabrication Item(s)

whether stored off-Site or in the
course of transportation,”

Clause 72 of General Conditions of

Contract shall be deleted and replaced
by:

(1) All materials owned by the

Go to Table of Content
Contractor for incorporation in the
Works shall be and become the
property of the Employer upon
delivery to the Site, except to the
extent that property in such
materials shall have already been
passed to the Employer in
accordance with sub-clause (2) of
this Clause.

>>>
(2) In relation to the Major
Prefabrication Item(s) for which the

Go to Table of Content
Contractor has provided to the
Employer duly executed bond(s)
under sub-clause (2) of Special
Conditions of Contract Clause xx,
such Major Prefabrication Item(s)
located in the manufacture /
fabrication / assembly yard(s)
off-Site or in the course of
transportation shall be and become
the property of the Employer upon

>>>
property in such Major
Prefabrication Item(s) vesting in
the Contractor or otherwise passing

Go to Table of Conten
unconditionally to the Contractor
under relevant sub-contract.

(3) The materials under sub-clauses (1)

and the Major Prefabrication
Item(s) under sub-clause (2) of this
Clause shall not be removed
without an instruction or the prior
written consent of the Engineer.
Such materials and Major
Prefabrication Item(s) shall, subject
to Clause 81, only re-vest in the
Contractor to the extent that they
may be found to be surplus to
requirements upon or prior to
completion of the Works. The

Chapter 5 (Rev. 1) 346

 Project Administration Handbook for Civil Engineering Works 2012 Edition

operation of this Clause shall not be

deemed to imply any approval by
the Engineer of such materials or
Major Prefabrication Item(s) or
prevent the rejection by the
Engineer of any material or Major
Prefabrication Item at any time.

Clause 78 of General Conditions of

Go to Table of Content
Contract shall be amended by:

(A) Adding after sub-clause (1)(b):

“(c) a list of the Major

Prefabrication Item(s) for which the
Contractor has provided the duly
executed bond(s) under sub-clause
(2) of Special Conditions of

>>>
Contract Clause xx and the
estimated contract value of such
Major Prefabrication Item(s)”; and”

Go to Table of Content
(B) Renumbering original sub-clause
(1)(c) as sub-clause (1)(d).

Clause 79 of General Conditions of

Contract shall be amended by:

(A) Adding after sub-clause (1)(c):

“(d) the estimated value of the

>>>
Major Prefabrication Item(s) for
which the Contractor has provided
the duly executed bond(s) under

Go to Table of Conten
sub-clause (2) of Special
Conditions of Contract Clause xx;
and”

(B) Renumbering original sub-clause

“(1)(d)” and “(1)(e)” as (1)(e)” and
“(1)(f)” respectively.

(C) Amending the further proviso at the

end of sub-clause (1) to read:

"Provided further that, for the

purpose of interim payments:

Chapter 5 (Rev. 1) 347

 Project Administration Handbook for Civil Engineering Works 2012 Edition

(i) the value of the materials as

referred to in (c) above for
use in connection with any
item of permanent work
priced in the Contract and the
value of the Major
Prefabrication Item(s)
referred to in (d) above shall
be determined on the basis of

Go to Table of Content
the rate set out in the
Contract for such work; and

(ii) in relation to the Major

Prefabrication Item(s)
referred to in (d) above, it
shall be a condition precedent
to valuation and certification
by the Engineer of such
Major Prefabrication Item(s)

>>>
under this sub-clause that the
Contractor has complied with
the provisions of sub-clause

Go to Table of Content
(5) of Special Conditions of
Contract Clause xx."

For the avoidance of doubt, if the

Contractor has not elected to apply for
interim payment for any Major
Prefabrication Item by not submitting the
bond as required in sub-clause (2) of this
Clause, this sub-clause (4) shall have no
application to such Major Prefabrication

>>>
Item.

(5) If the Contractor exercises his right under

Go to Table of Conten
this Clause to apply for interim payment
in relation to any Major Prefabrication
Item(s), he shall be responsible for the
arrangement and for all the costs and
expenditure incurred by the Engineer’s
Representative in connection with his
visit(s) to any off-Site manufacture /
fabrication / assembly yard(s) to verify
the Contractor’s entitlement to any
interim payment for such Major
Prefabrication Item(s). The aforesaid
costs and expenditure shall be deemed to
be included in the rates of the Bills of
Quantities.

Chapter 5 (Rev. 1) 348

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Furthermore, the Contractor shall furnish

to the Engineer the following:

(i) clear proof that the Major

Prefabrication Item(s) has/have
met all Contract requirements
and especially geometric
configurations, ready for
shipment to the Site for erection;

Go to Table of Content
(ii) in the case the Major
Prefabrication Item(s) is / are
stored whether at the
manufacture / fabrication /
assembly yard(s) where the
Major Prefabrication Item(s) has
/ have been manufactured /
fabricated / assembled or at
other place(s) of storage

>>>
off-Site, evidence that there is in
relation to such Major
Prefabrication Item(s) clear

Go to Table of Content
identification of:

(1) the Employer as the person

to whose order it is / they
are held, and

(2) its / their destination as the

Works and such Major
Prefabrication Item(s) either
is / are set apart or has /

>>>
have been clearly and
visibly marked, individually
or insets, by letters or

Go to Table of Conten
figures or by reference to a
pre-determined code;

(iii) in the case the Major

Prefabrication Item(s) is / are
under shipment by sea, the
relevant shipping documents;

(iv) clear proof that the Major

Prefabrication Item(s) is / are the
property of the Contractor and
that the conditions set out in
paragraphs (i) to (iii) of this
sub-clause, as applicable, have
been complied with; and

Chapter 5 (Rev. 1) 349

 Project Administration Handbook for Civil Engineering Works 2012 Edition

[(v) clear proof that such Major

Prefabrication Item(s) is/are fully
insured against loss or damage
for their full value under a policy
of insurance protecting the
interests of the Employer and the
Contractor, during the period

Go to Table of Content
commencing with the transfer of
property in the Major
Prefabrication Item(s) to the
Contractor until they are
delivered to the Works.] #

NOTE : In implementation of the risk-based assessment

for insurance procurement according to ETWB
TC(W) No. 6/2005 and 7/2005, the project

>>>
officer’s attention is drawn to the risk of damage
to the third party during the period commencing
with the transfer of property in the Major

Go to Table of Content
Prefabrication Item(s) to the Employer until they
are delivered to the Works.

>>>
Go to Table of Conten

#
Delete if OCIP arrangement has been adopted for the Contract.

Chapter 5 (Rev. 1) 350

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Appendix [ ]

FORM OF CONTRACTOR’S BOND IN RESPECT OF OFF-SITE PAYMENT FOR A

MAJOR PREFABRICATION ITEM

BY THIS BOND dated the day of [ ] 201X

[ ] whose registered office is at
[ ]

Go to Table of Content
(“the Surety”) is irrevocably and unconditionally bound to the Government of the Hong Kong
Special Administrative Region [ ] (together with
its successors and assigns, “the Employer”) for payment of a sum (“the Bonded Sum”) not
exceeding [ ] ([ ]) 1 for payment of
which sum the Surety binds itself its successors and assigns in accordance with the provisions
of this Bond.

>>>
WHEREAS

Go to Table of Content
(A) By a contract dated [ ](“the Contract”) made between the Employer
and [ ] (“the Contractor”), the Contractor has agreed to execute and complete
certain works (“the Works”) upon the terms and conditions contained in the Contract.

(B) Pursuant to the terms of the Contract, the Contractor agrees that if he elects to apply
for interim payment for any Major Prefabrication Items (“the Off-Site Payment”) pursuant to
Special Conditions of Contract Clause xx, the Contractor shall, as a condition precedent to its
right to apply for any such interim payment, provide this on-demand bond (“Bond”).

>>>
(C) The Contractor has elected to apply for interim payment for the Major Prefabrication

Go to Table of Conten
Item comprising [ ] pursuant to Special Conditions of Contract Clause xx
("Relevant Major Prefabrication Item")

NOW THE TERMS AND CONDITIONS of this Bond are:-

1. The Surety hereby irrevocably and unconditionally undertakes to pay to the Employer
an amount not exceeding [ ] ([ ])1 upon receipt
from the Employer of a written demand therefor accompanied by a certificate signed
on behalf of the Employer stating:

1
The value stated in the Appendix to Form of Tender which the Employer considers will be sufficient
to cover him for maximum Off-Site Payment payable to the Contractor for the Relevant Major
Prefabrication Item.

Chapter 5 (Rev. 1) 351

 Project Administration Handbook for Civil Engineering Works 2012 Edition

(a) that the Employer is entitled to terminate or has terminated the Contract or the
employment of the Contractor under the Contract; and

(b) the amount due and payable under this Bond in accordance with Clause 3
below.

2. The Surety shall pay to the Employer the amount thus demanded without requiring
further evidence or proof of:-

Go to Table of Content
(a) the default of the Contractor or

(b) the Employer’s entitlement to terminate the Contract or the employment of the
Contractor under the Contract or

(c) any termination of the Contract or the employment of the Contractor under the
Contract or

(d) of the amount due and payable under this Bond.

>>>
3. The amount payable under this Bond shall be the aggregate of the sum stated in the
latest interim payment certificate representing the Off-Site Payment paid to the
Contractor under the Contract prior to the date of the written demand referred to in

Go to Table of Content
Clause 1 above less the aggregate of any and all sums in respect of the Relevant Major
Prefabrication Item delivered to the Site as certified by the Engineer (as defined in the
Contract) in accordance with the terms of the Contract provided always that the
liability of the Surety under this Bond shall not exceeded [ ]
1
([ ]) .
4. The liability of the Surety under this Bond shall remain in full force and effect and
shall not be affected or discharged in any way by and the Surety hereby waives notice

>>>
of:-
(a) any suspension of the Works, variation to or amendment of the Contract

Go to Table of Conten
(including without limitation extension of time for performance), or any
concession or waiver by the Employer in respect of the Contractor’s
obligations under the Contract;

(b) the termination of the Contract or of the employment of the Contractor under
the Contract solely as a result of default by the Contractor under the Contract;

(c) any forbearance or waiver of any right of action or remedy the Employer may
have against the Contractor or negligence by the Employer in enforcing any
such right of action or remedy;

(d) any other bond, security or guarantee held or obtained by the Employer for
any of the obligations of the Contractor under the Contract or any release or
waiver thereof;

(e) any act or omission of the Contractor pursuant to any other arrangement with
the Surety.

Chapter 5 (Rev. 1) 352

 Project Administration Handbook for Civil Engineering Works 2012 Edition

5. The liability of the Surety under this Bond shall cease on whichever of the following
events first occurs:-
(a) payment by the Surety of the Bonded Sum in full to the Employer; or

(b) receipt of written notification from the Employer that all the components
comprising the Relevant Major Prefabrication Item have been delivered to the
Site; or

Go to Table of Content
6. The Employer shall be entitled to assign the benefit of this Bond at any time without
the consent of the Surety or the Contractor being required.

7. All documents arising out of or in connection with this bond shall be served:-
(a) Upon the Employer, at [ ], marked
for the attention of [ ];

(b) Upon the Surety, at [ ] Hong Kong.

>>>
8. The Employer and the Surety may change their respective nominated addresses for
service of documents to another address in Hong Kong but only by prior written
notice to each other. All demands and notices must be in writing.

Go to Table of Content
9. This Bond shall be governed by and construed according to the laws for the time
being in force in Hong Kong and the Surety agrees to submit to the non-exclusive
jurisdiction of the courts of Hong Kong.

10. In this Bond, “Hong Kong” means the Hong Kong Special Administrative Region.
Where applicable, words and expressions used in this Bond shall have the meanings
assigned to them in the Contract.

>>>
IN WITNESS whereof this Bond has been executed as a deed on the date first above written.

Go to Table of Conten

Chapter 5 (Rev. 1) 353

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Sample attestation clause in a deed for use by company incorporated in Hong Kong. 4

SEALED with the COMMON SEAL of )

[name of Surety ] )

and SIGNED by )

[ ] its [director(s) or director and ) [Signature of the

Go to Table of Content
director(s) etc] 4
secretary or person(s)

authorized to sign the contract by its board of directors]5 ) Common

Seal
in the presence of : )

................................................................................. )
[Name] )

>>>
[Occupation] )

[Address] )

Go to Table of Content
>>>
Go to Table of Conten

4
The italic parts are not part of the execution clause. They are for guidance or information only.
5
Select the correct expression for use. If none is applicable, insert an applicable expression.

Chapter 5 (Rev. 1) 354

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Sample attestation clause in a deed for use by an attorney. 6

SIGNED, SEALED AND DELIVERED for )

and on behalf of and as lawful attorney of )

[the Surety] by [ ], ) [Signature of the attorney]6

under power of attorney )

Go to Table of Content
dated [ ] )
L.S.
in the presence of:

>>>
.................................................................................

[Name] )

Go to Table of Content
[Occupation] )

[Address] )

>>>
Go to Table of Conten

6
The italic parts are not part of the execution clause. They are for guidance or information only.

Chapter 5 (Rev. 1) 355

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.47 SCC ON RELEASE OF RETENTION MONEY (FOR USE IN

CONJUNCTION WITH GCCS FOR BUILDING WORKS, CIVIL
ENGINEERING WORKS, DESIGN AND BUILD CONTRACTS
AND ELECTRICAL AND MECHANICAL ENGINEERING
WORKS, 1999 EDITIONS)

SCC on Release of Retention Money

Go to Table of Content
(For Capital Works contracts)

General Conditions of Contract Clause 79(3) is deleted and replaced by the

following :

“(3)(a) The Engineer[/Surveyor] 1[/Supervising Officer] 2 shall, within 14 days of the

>>>
date of issue of the certificate of completion in respect of the Works in accordance with
Clause 53(1) , issue a certificate for the payment of not more than 50 % of the Retention
Money giving due account to the cost of the outstanding work referred to in Clause 53 and all

Go to Table of Content
work of [maintenance,] 3 repair, rectification and making good of any defects[/Defects] 4
[imperfection, shrinkage, settlement and other fault] 5 referred to in Clause 56 which have
been notified in writing to the Contractor (“Outstanding Work”) [, which certificate shall
state any Retention Money due to any Nominated Sub-contractor] 6 and, subject to Clause 83,
the Employer shall pay such portion of Retention Money to the Contractor within 21 days of
such certificate. In the event of different certificates of completion having been issued for
different Sections or parts of the Works pursuant to Clause 53, the expression “certificate of

>>>
completion” shall, for the purposes of this sub-clause, mean the last of such certificates.

Go to Table of Conten
(b) Further to paragraph (a) of this sub-clause and within 14 days after the date of
the expiry of the Maintenance Period [/Defects Liability Period] 7 for the Works or, where
there is more than one such Period, the latest Period, the Engineer [/Surveyor] 8 [/Supervising
Officer] 9 shall issue a certificate for the payment of a further portion of the Retention Money
representing the remainder of the Retention Money less, where applicable, an amount
(“Remaining Amount”) which, in the opinion of the Engineer [/Surveyor] 10[/Supervising

1
Only applicable to Building Works contracts
2
Only applicable to Design and Build contracts
3
Not applicable to E&M contracts
4
Only applicable to E&M contracts
5
Not applicable to E&M contracts
6
Only applicable to contracts with provision for Nominated Sub-contractor
7
Only applicable to E&M contracts
8
Only applicable to Building Works contracts
9
Only applicable to Design and Build contracts
10
Only applicable to Building Works contracts

Chapter 5 (Rev. 1) 356

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Officer] 11, represents the cost of any Outstanding Work then remaining to be carried out [,
which certificate shall state any Retention Money due to any Nominated Subcontractor] 12
and, subject to Clause 83, the Employer shall pay such further portion of the Retention
Money to the Contractor within 21 days of the date of such certificate.

(c) Where a sum representing the Remaining Amount is withheld from

certification under paragraph (b) of this sub-clause, the Engineer [/Surveyor] 13 [/Supervising

Go to Table of Content
Officer] 14 shall, within 14 days of the date of issue by the Engineer [/Architect] 15
[/Supervising Officer] 16 of the maintenance certificate [/defects liability certificate] 17 in
accordance with Clause 80, issue a certificate for the payment of the sum representing the
Remaining Amount [, which certificate shall state any Retention Money due to any
Nominated Subcontractor] 18 and, subject to Clause 83, the Employer shall pay such sum to
the Contractor within 21 days of the date of such certificate.”

>>>
Go to Table of Content
>>>
Go to Table of Conten

11
Only applicable to Design and Build contracts
12
Only applicable to contracts with provision for Nominated Sub-contractor
13
Only applicable to Building Works contracts
14
Only applicable to Design and Build contracts
15
Only applicable to Building Works contracts
16
Only applicable to Design and Build contracts
17
Only applicable to E&M contracts
18
Only applicable to contracts with provision for Nominated Sub-contractor

Chapter 5 (Rev. 1) 357

 Project Administration Handbook for Civil Engineering Works 2012 Edition

SCC on Release of Retention Money

(For Capital Works contracts – landscape works)

General Conditions of Contract Clause 79(3) is deleted and replaced by the

following :

Go to Table of Content
“(3)(a) The Engineer[/Surveyor] 1[/Supervising Officer] 2 shall within 14 days of the
date of issue of the certificate of completion in respect of the Works except Landscape Works
in accordance with Clause 53(1), issue a certificate for the payment of not more than 50% of
the Retention Money giving due account to, in respect of the Works except Landscape
Works, the cost of the outstanding work referred to in Clause 53 and all work of
[maintenance,] 3 repair, rectification and making good any defects[/Defects] 4 , [imperfection,
shrinkage, settlement and other fault] 5 referred to in Clause 56 which have been notified in

>>>
writing to the Contractor [and , which certificate shall state any Retention Money due to any
Nominated Sub-contractor] 6 and, subject to Clause 83, the Employer shall pay such portion
of Retention Money to the Contractor within 21 days of such certificate. In the event of

Go to Table of Content
different certificates of completion having been issued for different Sections or parts of the
Works except Landscape Works pursuant to Clause 53, the expression “certificate of
completion” shall, for the purposes of this sub-clause, mean the last of such certificates.

(b) Further to paragraph (a) of this sub-clause and upon the expiry of the
Maintenance Period[/Defects Liability Period] 7 for the Works except Landscape Works, or
where there is more than one such Period, the latest Period, the Engineer[/Architect] 8

>>>
[/Supervising Officer] 9 shall notify the Contractor in writing the date of expiry of such
Maintenance Period [/Defects Liability Period] 10 , and within 14 days of the date of

Go to Table of Conten
notification by the Engineer [/Architect] 11 [/Supervising Officer] 12 , the Engineer
[/Surveyor] 13 [/Supervising Officer] 14 shall issue a certificate for the payment of a further
portion of the Retention Money and such further portion shall be equal to the Relevant

1
Only applicable to Building Works contracts
2
Only applicable to Design and Build contracts
3
Not applicable to E&M contracts
4
Only applicable to E&M contracts
5
Not applicable to E&M contracts
6
Only applicable to contracts with provision for Nominated Sub-contractor
7
Only applicable to E&M contracts
8
Only applicable to Building Works contracts
9
Only applicable to Design and Build contracts
10
Only applicable to E&M contracts
11
Only applicable to Building Works contracts
12
Only applicable to Design and Build contracts
13
Only applicable to Building Works contracts
14
Only applicable to Design and Build contracts

Chapter 5 (Rev. 1) 358

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Percentage of the Retention Money less an amount which, in the opinion of the Engineer
[/Surveyor] 15[/Supervising Officer] 16, represents the cost of the outstanding work referred to
in Clause 53 and all work of [maintenance,] 17 repair, rectification and making good any
defects[/Defects] 18 , [imperfection, shrinkage, settlement and other fault] 19 referred to in
Clause 56 then remaining to be carried out ) [, which certificate shall state any Retention
Money due to any Nominated Sub-contractor] 20 and, subject to Clause 83, the Employer
shall pay such further portion of Retention Money to the Contractor within 21 days of the

Go to Table of Content
date of such certificate. For the purposes of this sub-clause, “Relevant Percentage” means
[98] 21 % minus the percentage of the Retention Money certified under paragraph (a) of this
sub-clause.

(c) The Engineer[/Surveyor] 22 [/Supervising Officer] 23 shall, within 14 days of

the date of issue by the Engineer[/Architect] 24 [/Supervising Officer] 25 of the maintenance
certificate[/defects liability certificate] 26 in accordance with Clause 80, issue a certificate for

>>>
the payment of the remaining portion of Retention Money [, which certificate shall state any
Retention Money due to any Nominated Sub-contractor] 27 and, subject to Clause 83, the
Employer shall pay such remaining portion of Retention Money to the Contractor within 21

Go to Table of Content
days of the date of such certificate.”

>>>
Go to Table of Conten

15
Only applicable to Building Works contracts
16
Only applicable to Design and Build contracts
17
Not applicable to E&M contracts
18
Only applicable to E&M contracts
19
Not applicable to E&M contracts
20
Only applicable to contracts with provision for Nominated Sub-contractor
21
To insert a percentage appropriate to the Contract taking into account the proportion of Retention Money for
Landscape Works
22
Only applicable to Building Works contracts
23
Only applicable to Design and Build contracts
24
Only applicable to Building Works contracts
25
Only applicable to Design and Build contracts
26
Only applicable to E&M contracts
27
Only applicable to contracts with provision for Nominated Sub-contractor

Chapter 5 (Rev. 1) 359

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.48 SAMPLE PARTICULAR SPECIFICATION FOR MECHANICAL

DUMP TRUCK COVERS

1. (a) All dump trucks (i.e. goods vehicles of gross vehicle weight equal to or more
than 16 tonnes, fitted with a dump bed) leaving the Site carrying dusty materials
shall be fitted with a mechanical cover in good service condition which covers
the dump bed. Such dump truck covers shall comply with the following.

Go to Table of Content
(i) The cover shall be constructed of durable materials and suitable
components in good condition. The covering materials shall be
effective in preventing dust emissions. The cover shall be
power-operated with manual backup. Except in the manual backup
mode, the cover shall only be operable inside the driving cabin, if
applicable.

(ii) The cover system shall incorporate controls to ensure safety in

operation. The cover shall be inoperable unless the vehicle has
come to a standstill, and after the hand brake is on. A warning

>>>
system, consisting of flashing amber lights and audible alarm, shall
be activated automatically when the cover is being operated inside
the driving cabin. The warning system shall be visible and audible

Go to Table of Content
from both inside (by an indicator light or the like if necessary) and
outside the driving cabin. A locking system shall be in place to
prevent accidental opening of the cover, if applicable.

(iii) The cover shall be able to withstand strong winds under normal
circumstances. After the cover to the dump bed is closed, any gap
left on the system of enclosure shall be less than 25 mm wide
measured in a direction across the gap as far as practicable. Any
remaining gap shall be sealed up tightly with suitable materials of
sufficient length to bridge across the gap as far as practicable. In

>>>
addition, the cover shall not accumulate any significant amount of
dust or debris which may obstruct its operation. The gross vehicle
weight and maximum dimensions of the truck after fitted with the

Go to Table of Conten
cover and associated accessories shall comply with the relevant
legislation.

(b) The Contractor shall be responsible for selecting the design of mechanical cover
satisfying the above requirements.

(c) The *Architect/Engineer/Supervising Officer or his Representative shall have

the power to:

(i) refuse entry into the Site any dump truck that fails to meet this
specification; and

(ii) require any loaded dump truck to unload its contents before leaving
the Site if its dump bed and cover is found not to comply with the
above requirements after loading.

Chapter 5 (Rev. 1) 360

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Provided always that approval for leaving the Site of a loaded dump truck by the
*Architect/Engineer/Supervising Officer or his site supervisory staff shall not
relieve the Contractor of his obligation to comply with the relevant legislation,
and the Employer shall not be liable for any loss or damage sustained by the
Contractor or the truck drivers or truck owners arising from or in connection
with any offence committee by the Contractor or the truck drivers or truck
owners in relation to transportation of the C&D materials from the Site.

2. Vehicles other than ‘dump trucks’ carrying dusty materials away from the Site may

Go to Table of Content
use means other than mechanical covers to cover their dusty materials, provided that
the vehicle shall have properly fitted side boards and tailboards, with the dusty
material loaded to a height not exceeding the height of side boards and tailboards, and
covered by a tarpaulin or suitably impervious covering materials (as approved by the
*Architect/Engineer/Supervising Officer or his Representative) in good condition.
The covering shall be properly secured and extended at least 300 mm over the side
boards and tailboards before leaving the Site.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 361

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.49 NTT ON MECHANICAL DUMP TRUCK COVERS

Clause Remarks/Guidelines

NTT(x) (a) Tenderers’ attention is drawn to This is to be used in Capital

Particular Specification Clause Works Contracts with Pay for
[ ] on mechanical dump truck Safety and Environment Scheme
covers and Term Contracts with Pay for

Go to Table of Content
Safety Scheme to be tendered on
(b) Tenderers should note that there or after 1 November 2010.
are no separate items in the [*Bills
of Quantities/Schedule of Rates]
for measurement of use of
mechanical dump truck covers and
that, in line with the [*General
Preambles/Method of
Measurement] to the [*Bills of
Quantities/Schedule of Rates], the

>>>
rates in the [*Bills of
Quantities/Schedule of Rates] shall
cover, inter alia, provision of

Go to Table of Content
mechanical covers for dump
trucks.
* Delete or amend as appropriate

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 362

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.50 TENDER PROVISION (NON-D&B CONTRACTS) ON

EMPLOYER’S POWER TO REDUCE THE AMOUNT OF THE
CONTINGENCY SUM PRIOR TO AWARD OF CONTRACT

Special Condition of Tender on Employer’s Power to Reduce the Amount of the

Contingency Sum prior to Award of Contract

Go to Table of Content
Clause Remarks/Guidelines
SCT XX Reduction of Contingency Sum
(1 Without prejudice to the generality of the 1. This SCT shall only be included in a works
) other General Conditions of Tender and contract involving Contingency Sum if an
Special Conditions of Tender, the officer at D2 rank or above in the Project
Employer reserves the right to reduce Office/Works Department is satisfied that
unilaterally the amount of the Contingency the following adoption criterion is met:
Sum as stated in the [Bills of Quantities]1
- The contract is identified in the risk

>>>
by himself giving or requiring the
assessment at the pre-tender stage to have
*Engineer / Architect / Maintenance
highly uncertain risk factors that could
Surveyor designate to give a notification in
lead to an over-estimation of the

Go to Table of Content
writing as regards the reduction to a
allowance made in the Contingency Sum
tenderer at any time after determination of
for covering such risks. This finding
the price ranking or overall marks/scores of
must be properly documented in file.
the tenders in accordance with the
evaluation criteria set forth in the tender 2. Subject to compliance with the
documents but before award of the requirements given in paragraph 3 below,
Contract. this SCT enables the Project Office, in case
the original tender sum of the
(2 By submitting his tender, a tenderer shall
recommended tender exceeds the funding
) be deemed to have agreed that upon receipt
allowed for the contract in the Approved
by the tenderer of a notification in writing

>>>
Project Estimate, to unilaterally reduce the
referred to sub-clause (1) of this Clause:
Contingency Sum stated in the tender
(a) the amount of the Contingency Sum documents and consequentially the tender

Go to Table of Conten
as stated in the [Bills of Quantities]1 sum without the need for tender
shall be taken to be reduced negotiation. The Project Office can then
accordingly; under properly justified circumstances:
(b) the amount of the tender sum as stated (i) keep the tender sum of the
in the Form of Tender and [Bills of recommended tender within the funding
Quantities]1 shall be taken to be available and, subject to approval by the
reduced accordingly to reflect the relevant tender board, accept the tender
reduction in the amount of the without the need to seek additional
Contingency Sum under paragraph (a) funding; or
above;[and]2
(ii) reduce the amount of additional funding
(c) the reduction in the amount of the required even if after such reduction the
Contingency Sum under paragraph (a) tender sum of the recommended tender still
above shall not affect any Provisional exceeds the funding available and
Sums specified in the [Bills of additional funding is still required to be
Quantities]1 [or the amount of the

Chapter 5 (Rev. 1) 363

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Clause Remarks/Guidelines
Adjustment Item; and sought.
(d) for the purposes of paragraph (c) 3. In order to exercise this SCT, the Project
above, "Adjustment Item" shall have Office shall have:
the meaning given in [Preambles to
(a) reviewed the risk assessment made at
the Bills of Quantities/Special
the pre-tender stage in arriving at the
Conditions of Tender Clause [ ]** and
original Contingency Sum;
Special Conditions of Contract Clause

Go to Table of Content
[ ]**]1, and the amount of which (b) proper justifications that the amount
may (where applicable) be revised in of reduction is genuinely an excessive
accordance with General Conditions allowance in the original
of Tender Clause [ ]*** ] 3. Contingency Sum; and
(3 For the avoidance of doubt, the original (c) obtained approval of the Vote
) tender sum as stated in the Form of Tender Controller.
and [Bills of Quantities]1 will, subject to
4. In conjunction with the use of this SCT, the
correction (where applicable) in
Form of Tender and the Letter of
accordance with General Conditions of
Acceptance to Successful Tenderer shall be

>>>
Tender Clause [ ]***, be used for
modified as provided in the memo
determination of the price ranking or
promulgating this SCT ref. DEVB(W)
overall marks/scores of the tenders in
546/70/01 of 8 August 2011. Sample

Go to Table of Content
accordance with the evaluation criteria set
letter notifying the tenderer (whose tender
forth in the tender documents irrespective
is going to be recommended for contract
of whether or not the Employer has
award) of the reduction of the Contingency
subsequently exercised his right under this
Sum is also provided in the said memo.
Clause to reduce the amount of the
Contingency Sum. 5. This SCT is for use in works contracts
other than design and build (D&B)
contracts. A GCT is separately provided
for D&B contracts in the memo mentioned
in paragraph 4 above.

>>>
Explanatory notes to words in square brackets
1 The Project Office shall determine the

Go to Table of Conten
appropriate wording to suit the
contract/tender documentation
arrangements of the contract being
tendered.
2
To be inserted if the last part of paragraph
(c) and the whole of paragraph (d), are
deleted (see note 3 below).
3 The last part of paragraph (c) and the
whole of paragraph (d), which are in
square brackets, should be deleted if
"Adjustment Item" is not allowed in
relation to the contract being tendered.
* Delete as appropriate.

** Insert the clause numbers of the Special

Chapter 5 (Rev. 1) 364

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Clause Remarks/Guidelines
Condition of Tender and Special Condition
of Contract respectively on Adjustment
Item (applicable to a contract which has
adopted an SCT and an SCC dealing with
Adjustment Item).

*** Insert the clause number of the General

Condition of Tender dealing with correction

Go to Table of Content
rules for tender errors (i.e. GCT 11 in
DEVB's Library of GCTs, SCTs and
NTTs).

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 365

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Form of Tender on Employer’s Power to Reduce the Amount of the Contingency Sum
prior to Award of Contract

FORM OF TENDER
(For capital works contracts other than design-and-build contracts WHICH HAVE ADOPTED
SCT XX ON REDUCTION OF COTINGENCY SUM)

Go to Table of Content
THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

................................... DEPARTMENT

CONTRACT NO. ................................

(Title of Contract)

FORM OF TENDER

>>>
NOTES :

(1) The Appendix forms part of the Contract.

Go to Table of Content
(2) If the tenderer is a sole proprietorship or a partnership, the name(s) and residential
address(es) of the sole proprietor or all the partners shall be given in the spaces
provided below.

(3) In all cases, the tenderer must give the number and the expiry date of the business
registration certificate here:

Number :

>>>
Expiry Date :

Go to Table of Conten
1
To: The Chairman,
Central Tender Board,
Ground Floor, East Wing,
Central Government Offices,
2 Tim Mei Avenue, Tamar, Hong Kong.

Having inspected the Site, examined the Drawings, General Conditions of Contract
and Special Conditions of Contract (hereinafter referred to as "the said Conditions"),
Specification and 2Bills of Quantities for the execution of the Works as defined in the Contract,
I/we offer to construct, complete and maintain the whole of the said Works in conformity with
the said Conditions, Drawings, Specification 3and Bills of Quantities for the sum of
Dollars ............................................................... ($...............) or such sum as may be ascertained
in accordance with the said Conditions, Drawings, Specification and Bills of Quantities.

2. I/we agree that, upon receipt by me/us of a notification in writing referred to in

sub-clause (1) of Special Condition of Tender Clause [ ]4 (a copy of which is at the

Chapter 5 (Rev. 1) 366

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Appendix hereto) concerning reduction in the amount of the Contingency Sum, my/our
Tender shall be taken to be amended as follows:

(a) the amount of the Contingency Sum as stated in the Bills of Quantities shall be
taken to be reduced accordingly; and

(b) the amount of the tender sum as stated in clause 1 of this Form of Tender and
the Bills of Quantities shall be taken to be reduced accordingly to reflect the
reduction in the amount of the Contingency Sum under paragraph (a) above,

Go to Table of Content
and I/we further agree that the reduction in the amount of the Contingency Sum under
paragraph (a) above shall not affect any Provisional Sum specified in the Bills of Quantities
[or the amount of the Adjustment Item. For the purposes of this clause 2, "Adjustment
Item" shall have the same meaning as given in 5Preambles to the Bills of Quantities/Special
Conditions of Tender Clause [ ]6 (a copy of which is at the Appendix hereto) and Special
Conditions of Contract Clause [ ]6, and the amount of which may (where applicable) be
revised in accordance with General Conditions of Tender Clause [ ]7 (a copy of which is at
the Appendix hereto)]8.

>>>
9
3. If my/our Tender is accepted I/we will when required,

#(a) deposit with the Director of Accounting Services, the Government of the

Go to Table of Content
Hong Kong Special Administrative Region, as security for the due
performance of the Contract a sum of $........, such deposited sum to be
returned to me/us in accordance with the said Conditions.

#(b) with the approval of the Employer obtain the guarantee of a Bank or Insurance
Company [to be approved by the Employer] to be jointly and severally bound
with me/us in a sum of $.......... for the due performance of the Contract under
the terms of a Bond in accordance with the said Conditions.

4. I/We agree to abide by this Tender for the period of 1090 days from the date of expiry

>>>
fixed for receiving the same and it shall remain binding upon me/us and may be accepted at any
time before the expiration of that period.

Go to Table of Conten
5. Unless and until the Articles of Agreement is prepared and executed this Tender
together with the written acceptance thereof by the Employer subject to the provisions of clause
4 hereof shall constitute a binding Contract between us.

6. I/We understand that the Employer reserves the right to negotiate with any tenderer
about the term of the offer and is not bound to accept any tender irrespective of whether the
tender is the lowest offer or, where the assessment of the tenders is based on a marking scheme
or formula approach, the tender is with the highest overall mark.

NOTES:

1. Where the tenders are to be submitted to a tender board other than the Central Tender
Board, type in the name and the address of the tender board in lieu of that of the
Central Tender Board.

Chapter 5 (Rev. 1) 367

 Project Administration Handbook for Civil Engineering Works 2012 Edition

2. All references to Bills of Quantities may need to be suitably adjusted where some other
forms are used.

3. Replace “and Bills of Quantities” with “, Bills of Quantities and the technical
resources and technical proposals submitted in accordance with Clause 3(1)(d) of the
General Conditions of Tender” when the tender adopts a marking scheme for use in
tender evaluation.

4. Insert the clause number of the Special Condition of Tender (SCT) dealing with

Go to Table of Content
reduction of Contingency Sum. If a tender addendum is issued to amend this SCT
clause prior to tender closing, the copy of this SCT clause at the Appendix hereto
should also be amended in the same manner by the same tender addendum.

5. Adopt the appropriate wording to suit the contract/tender documentation

arrangements of the contract being tendered.

6. Insert the respective clause numbers of the SCT and Special Condition of Contract
(SCC) on Adjustment Item. If a tender addendum is issued to amend this SCT
clause prior to tender closing, the copy of this SCT clause at the Appendix hereto

>>>
should also be amended in the same manner by the same tender addendum.

7. Insert the clause number of the General Condition of Tender (GCT) dealing with

Go to Table of Content
correction rules for tender errors (i.e. GCT 11 in DEVB's Library of GCTs, SCTs
and NTTs). If a tender addendum is issued to amend this GCT clause prior to
tender closing, the copy of this GCT clause at the Appendix hereto should also be
amended in the same manner by the same tender addendum.

8. The part in square brackets should be deleted if "Adjustment Item" is not allowed
in relation to the contract being tendered.

9. This item may be deleted if a security is not required.

>>>
10. Normally 90 days

#: Tenderer to delete either clause 3(a) or 3(b) Go to Table of Conten

Chapter 5 (Rev. 1) 368

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Notes to Tenderer on Employer’s Power to Reduce the Amount of the Contingency Sum
prior to Award of Contract

Notes to Tenderer
Clause (XX) Employer’s Power to Reduce Contingency Sum

Clause Remarks/Guidelines

Go to Table of Content
Tenderers' attention is drawn to Special Conditions This is to be used where the Special
of Tender Clause [ ] on “Reduction of Condition of Tender on "Reduction of
Contingency Sum”. Contingency Sum" is included.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 369

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.51 SAMPLE LETTER FOR NOTIFICATION OF REDUCTION OF

CONTINGENCY SUM

Dear Sirs,

(Contract Title)

Go to Table of Content
Reduction of Contingency Sum

Pursuant to sub-clause (1) of Special Conditions of Tender (SCT) XX, I hereby

notify you that the Contingency Sum in the amount of $_____ as stated in the [Bills of
Quantities]1 is reduced to $_____.

Please note that in accordance with sub-clause (2) of SCT XX, you are deemed to

>>>
have agreed that:

(1) the amount of the Contingency Sum as stated in the [Bills of Quantities]1 shall be

Go to Table of Content
taken to be reduced accordingly; and

(2) the amount of the tender sum as stated in the Form of Tender and [Bills of
Quantities]1 shall be taken to be reduced to $_______ to reflect the reduction in the
amount of the Contingency Sum under (1) above.

Please also note that the Government is yet to decide on the award of the Contract
and nothing in this letter should be construed as either an acceptance or rejection of your

>>>
tender. The Government is not bound to accept any tender irrespective of whether the
tender is the lowest tender or, where the assessment of the tenders is based on a marking

Go to Table of Conten
scheme or formula approach, the tender has the highest overall mark.

I enclose an acknowledgement letter which you are required to sign and return
within two days of receipt of this letter.

Yours faithfully,

................................................
(Designation of the Engineer
designate for the Contract)

Chapter 5 (Rev. 1) 370

 Project Administration Handbook for Civil Engineering Works 2012 Edition

ACKNOWLEDGEMENT
(To be signed and returned within two days of receipt of the above letter)

Date ……………….

Go to Table of Content
To: (Designation of the Engineer designate for the Contract
or Consultant’s Project Officer as appropriate)

Dear Sir,

(Contract Title)
Reduction of Contingency Sum

>>>
We hereby acknowledge receipt of the notification letter dated (date) on
1
reduction of the Contingency Sum as stated in the [Bills of Quantities] for the above

Go to Table of Content
Contract.

Yours faithfully,

…………………….……………………….

>>>
(Authorized Signature with Company chop)

Name of Company …………………….. Go to Table of Conten

1 The Project Office shall determine the appropriate wording to suit the contract/tender
documentation arrangements of the contract being tendered.

Chapter 5 (Rev. 1) 371

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.52 TENDER PROVISION (D&B CONTRACTS) ON EMPLOYER’S

POWER TO REDUCE THE AMOUNT OF THE CONTINGENCY
SUM PRIOR TO AWARD OF CONTRACT

General Conditions of Tender Clause for Design and Build Contracts

Clause Remarks/Guidelines

Go to Table of Content
GCT XX Reduction of Contingency Sum
(1) Without prejudice to the generality of the 1. Subject to compliance with the
other General Conditions of Tender and requirements given in paragraph 2 below,
Special Conditions of Tender, the this GCT enables the Project Office, in
Employer reserves the right to reduce case the original tender sum of the
unilaterally the amount of the Contingency recommended tender exceeds the funding
Sum as stated in the Employer’s allowed for the contract in the Approved
Requirements by himself giving or Project Estimate, to unilaterally reduce the
requiring the Supervising Officer designate Contingency Sum stated in the tender

>>>
to give a notification in writing as regards documents and consequentially the tender
the reduction to a tenderer at any time after sum without the need for tender
determination of the overall scores of the negotiation. The Project Office can then

Go to Table of Content
tenders in accordance with the evaluation under properly justified circumstances:
criteria set forth in the tender documents
(i) keep the tender sum of the
but before award of the Contract.
recommended tender within the funding
(2) By submitting his tender, a tenderer shall available and, subject to approval by the
be deemed to have agreed that upon receipt relevant tender board, accept the tender
by the tenderer of a notification in writing without the need to seek additional
referred to sub-clause (1) of this Clause: funding; or
(a) the amount of the Contingency Sum (ii) reduce the amount of additional

>>>
as stated in the Employer’s funding required even if after such
Requirements shall be taken to be reduction the tender sum of the
reduced accordingly; recommended tender still exceeds the

Go to Table of Conten
funding available and additional funding is
(b) the amount of the tender sum as still required to be sought.
stated in the Form of Tender and
Contractor’s Proposals shall be taken 2. In order to exercise this GCT, the Project
to be reduced accordingly to reflect Office shall have:
the reduction in the amount of the
(a) reviewed the risk assessment made at
Contingency Sum under paragraph (a)
the pre-tender stage in arriving at the
above;[and]1
original Contingency Sum;
(c) the reduction in the amount of the
(b) proper justifications that the amount
Contingency Sum under paragraph (a)
of reduction is genuinely an
above shall not affect any Provisional
excessive allowance in the original
Sums specified in the Employer’s
Contingency Sum; and
Requirements [or the amount of the
Adjustment Item; and (c) obtained approval of the Vote
Controller.
(d) for the purposes of paragraph (c)
above, "Adjustment Item" shall have

Chapter 5 (Rev. 1) 372

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Clause Remarks/Guidelines
the meaning given in [the Employer’s 3. In conjunction with the use of this GCT,
Requirements/Special Conditions of the Form of Tender and the Letter of
Tender Clause [ ]* and Special Acceptance of Successful Tender shall be
Conditions of Contract Clause [ ]*], modified with reference to those
and the amount of which may (where amendments provided for non-D&B
applicable) be revised in accordance contracts in the memo promulgating this
with General Conditions of Tender GCT ref. DEVB(W) 546/70/01 of 8 August

Go to Table of Content
Clause [ ]**] 2. 2011. The letter notifying the tenderer
(3) For the avoidance of doubt, the original (whose tender is going to be recommended
tender sum as stated in the Form of Tender for contract award) of the reduction of the
and Contractor’s Proposals will, subject to Contingency Sum should also follow the
correction (where applicable) in sample provided in the said memo with
accordance with General Conditions of necessary amendments made to suit D&B
Tender Clause [ ]**, be used for contracts.
determination of the overall scores of the Explanatory notes to words in square brackets
tenders in accordance with the evaluation
criteria set forth in the tender documents 1 To be inserted if the last part of paragraph

>>>
irrespective of whether or not the Employer (c) and the whole of paragraph (d), are
has subsequently exercised his right under deleted (see note 2 below).
this Clause to reduce the amount of the

Go to Table of Content
2 The last part of paragraph (c) and the
Contingency Sum. whole of paragraph (d), which are in
square brackets, should be deleted if
"Adjustment Item" is not allowed in
relation to the contract being tendered.
* Insert the clause numbers of the Special
Condition of Tender and Special Condition
of Contract respectively on Adjustment
Item (applicable to a contract which has
adopted an SCT and an SCC dealing with

>>>
Adjustment Item).

** Insert the clause number of the General

Go to Table of Conten
Condition of Tender dealing with correction
rules for tender errors.

Chapter 5 (Rev. 1) 373

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.53 REQUIREMENTS OF STANDARD UNIFORM SET

Provision of Uniform for Site Personnel (See Note 1)

Capital Works Contracts (including Term Capital Works Contracts) (See Note 2)

Standard Uniform Set

Go to Table of Content
Type of Site Personnel Casual Workers
(See Note 3) Non-casual Workers
and Staff
and Staff
(See Note 4)
Contractor
Workers including those of • Safety helmet with chin strap • Safety helmet
sub-contractors of all tiers • Polo shirt (long and short with chin strap
sleeves to suit weather) • Vest
• Winter jacket
• Trousers

>>>
Supervisory, technical and • Safety helmet with chin strap
managerial staff • polo shirt or shirt (long and
short sleeves to suit weather)

Go to Table of Content
• Winter jacket
• Trousers
Consultants’ Resident Site Staff
Professional and technical/ • Safety helmet with chin strap
supervisory staff • Shirt (long and short sleeves to suit weather)
• Winter jacket
• Trousers
In-house Staff
Professional and technical/ • Safety helmet with chin strap

>>>
supervisory staff • Vest

Go to Table of Conten
Term Maintenance Contracts (See Note 2)

Type of Site Personnel

Standard Uniform Set
(See Note 3)
Contractor and Consultants’ Resident Site Staff
All personnel involved in • Safety helmet with chin strap
site work (including casual • Polo shirt (long sleeves and short sleeves to suit
workers or staff) weather) or vest for workers
• Polo shirt or shirt (long sleeves and short sleeves
to suit weather) or vest for other staff
In-house Staff
Professional and technical/ • Safety helmet with chin strap
supervisory staff • Vest

Chapter 5 (Rev. 1) 374

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Notes

1. When the requirements of the standard uniform set is in conflict with any statutory
requirements or standing requirements related to Personal Protective Equipment, the
latter requirements shall prevail.

2. Some contracts, such as those for Landslip Preventive Measures works, are procured as

Go to Table of Content
term contracts but their mode of execution is similar to capital works contracts. The
requirements of standard uniform sets for capital works contracts shall apply.

3. Personnel not involved in site work (e.g. site office clerks, materials deliverers, security
guards) are not required to wear uniform.

4. “Casual workers or staff” refers to those who are anticipated to work on site for not

>>>
more than an aggregated total of 7 days throughout the contract period.

Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 375

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.54 SPECIAL CONDITIONS OF CONTRACT FOR PROVISION OF

UNIFORM FOR CAPITAL WORKS CONTRACTS TO BE USED
FOR CONTRACTS TO BE TENDERED AFTER 22 MAY 2012
AND WITH ANTICIPATED COMMENCEMENT DATE ON OR
BEFORE 22 MAY 2013

SCC Clause U1 – Uniform and associated facilities*

Go to Table of Content
(1) (a) The Contractor shall provide the Engineer/Architect/Supervising
Officer/Surveyor and his staff*, the Site Personnel and
self-employed workers engaged for the execution of the Works on
the Site (such self-employed workers are hereinafter referred to in
this Clause as “self-employed workers”) with uniform items and
ensure that the Site Personnel and self-employed workers wear such
uniform items when they are on the Site and provide and maintain
uniform changing facilities* in accordance with the provisions of
Particular Specification Clauses X.1 to X.4.

>>>
(b) The Contractor shall give at least 7 days advance notice to the
Engineer / Architect / Supervising Officer* of the date on which the

Go to Table of Content
Site Personnel and self-employed workers begin to wear the
uniform items approved by the Engineer / Architect / Supervising
Officer* in accordance with Particular Specification Clause X.3
(such uniform items are hereinafter referred to as “approved
uniform items”) when they are on the Site.

(2) Subject to sub-clauses (1) and (3) to (6) of this Clause, the Contractor shall be
entitled to the following parts of the lump sum for Bills of Quantities Item
No. [1/U/1] in respect of uniform for Site Personnel and self-employed
workers (such lump sum is hereinafter referred to in this Clause as “the lump

>>>
sum”) –

(a) 10% of the lump sum upon the Engineer / Architect / Supervising

Go to Table of Conten
Officer’s * approval of the design of uniform items;

(b) 80% of the lump sum in instalments in respect of monthly

instalment periods falling within the period from the Material Date
to the date of completion of the Works as stated in the certificate of
completion, or where the Works are divided into Sections, the date
of completion of the Section last completed as determined by
reference to the respective dates of completion of the Sections as
stated in the certificates of completion (such period is hereinafter
referred to in this Clause as the “Initial Period”); and

(c) 10% of the lump sum in instalments in respect of monthly

instalment periods falling within the period from and including the
day following the date of completion of the Works as stated in the
completion certificate, or where the Works are divided into
Sections, from and including the day following the date of

Chapter 5 (Rev. 1) 376

 Project Administration Handbook for Civil Engineering Works 2012 Edition

completion of the Section last completed as determined by

reference to the respective dates of completion of the Sections as
stated in the certificates of completion, to the date as stated in the
maintenance / defects liability* certificate issued in accordance
with General Conditions of Contract Clause 80, on which the
Contractor shall have completed his obligation to execute the
Works (such period is hereinafter referred to in this Clause as the
“Subsequent Period”) .

Go to Table of Content
(3) (a) The first monthly instalment period under sub-clause (2)(b) of this
Clause shall commence on the first day of the Initial Period. The
last monthly instalment period under sub-clause (2)(b) of this
Clause shall end on the date of completion of the Works as stated in
the certificate of completion, or where the Works are divided into
Sections, the date of completion of the Section last completed as
determined by reference to the respective dates of completion of the
Sections as stated in the certificates of completion, and such last
monthly instalment period may be less than a month.

>>>
(b) The first monthly instalment period under sub-clause (2)(c) of this
Clause shall commence on the first day of the Subsequent Period.
The last monthly instalment period under sub-clause (2)(c) of this

Go to Table of Content
Clause shall end on the date as stated in the maintenance / defect
liability* certificate issued in accordance with General Conditions
of Contract Clause 80, on which the Contractor shall have
completed his obligation to execute the Works, and such last
monthly instalment period may be less than a month.

(4) Subject to sub-clause (5) of this Clause, the amount of the instalment for each
of the monthly instalment periods under sub-clauses (2)(b) and (2)(c) of this
Clause shall be calculated by dividing the stated percentage of the lump sum
by the number of monthly instalment periods under sub-clause (2)(b) or (2)(c)

>>>
of this Clause, as the case may be.

(5) (a) The amount of the instalment for each of the monthly instalment

Go to Table of Conten
periods under sub-clauses (2)(b) and (2)(c) of this Clause shall be
adjusted by multiplying a Factor X according to the
Non-compliance Rate for Uniform as determined in accordance with
Particular Specification Clause X.4 for the monthly instalment
period, as follows:

(i) where any day of the monthly instalment period falls on or before 22
May 2013 –

Non-compliance Rate for Uniform Factor X

Up to 10% 100%
more than 10% and up to 20% 90%
more than 20% and up to 30% 70%
more than 30% 0%

Chapter 5 (Rev. 1) 377

 Project Administration Handbook for Civil Engineering Works 2012 Edition

(ii) where the whole monthly instalment period falls after 22 May 2013 -

Non-compliance Rate for Uniform Factor X

Up to 5% 100%
more than 5% and up to 10% 95%
more than 10% and up to 20% 75%
more than 20% and up to 30% 60%
more than 30% 0%

Go to Table of Content
(b) Without prejudice to the power of the Engineer / Surveyor /
Supervising Officer* under General Conditions of Contract Clause
79(5) to delete, correct or modify any sum previously certified by
him, the Engineer / Surveyor / Supervising Officer* shall calculate
the difference between the amount of each instalment under
sub-clause (2)(b) or (2)(c) of this Clause, as the case may be, and the
adjusted amount of such instalment (such difference is hereinafter
referred to in this Clause as “the said difference”), and deduct the
aggregate total of the said differences of all instalments under

>>>
sub-clauses (2)(b) and (2)(c) of this Clause from the Contract Sum.

(c) Any adjustment made under this sub-clause (5) shall not relieve the

Go to Table of Content
Contractor from any liability to the Employer for damages, costs,
charges, expenses, debts, or other sums for which he is liable under
any provisions of the Contract save that the amount of such liability
shall be reduced by the amount of the said difference in respect of the
particular, relevant non-compliance.

(6) For the purposes of this Clause:

“certificate of completion” means a certificate of completion issued in

>>>
accordance with General Conditions of Contract Clause 53.

“date for commencement of the Works” means the date for commencement of

Go to Table of Conten
the Works [see Note 1] as notified by the Engineer / Architect / Supervising
Officer* in accordance with General Conditions of Contract Clause 47.

“Material Date” means:

(i) the date as notified by the Contractor in accordance with sub-clause (1)(b)
of this Clause if such date falls within the period of 2 months after the
date for commencement of the Works [see Note 1]; or

(ii) the date of expiry of 2 months after the date for commencement of the
Works [see Note 1] (such date of expiry is hereinafter referred to as “the
said date of expiry”) if the Contractor fails to give notice in accordance
with sub-clause (1)(b) of this Clause or if the date notified by the
Contractor in accordance with sub-clause (1)(b) of this Clause falls after
the said date of expiry.

“Section last completed” excludes the Section for Establishment Works and

Chapter 5 (Rev. 1) 378

 Project Administration Handbook for Civil Engineering Works 2012 Edition

the Section for Aftercare to Old and Valuable Trees / the Section for
Establishment Works and Aftercare to Old and Valuable Trees*.

SCC U2 Intellectual Property Rights relating to uniform

(1) The Contractor warrants to the Employer that:

Go to Table of Content
(a) the design (other than any logo specified by the Employer or the Engineer / Architect /
Supervising Officer*), manufacture and supply of the uniform (hereinafter collectively
referred to in this Clause as “design of the uniform”) in accordance with Particular
Specification Clause X.3 does not and will not infringe any Intellectual Property Rights
of any party; and

(b) in respect of the design of the uniform including but not limited to the supply or use of
any materials or articles by the Contractor, the Intellectual Property Rights of which are
vested in a third party:

>>>
(i) the Contractor has or shall have obtained a valid and continuing licence under
which the Contractor is entitled to sub-license the third party Intellectual Property
Rights for himself and for the Employer, its authorized users, assigns and

Go to Table of Content
successors-in-title; or

(ii) the Contractor has or shall have obtained the grant of all necessary clearances for
himself and for the Employer, its authorised users assigns and successors-in-title
prior to the supply or use of any materials or articles.

(2) Without prejudice to General Conditions of Contract Clause 28, the Contractor shall
indemnify the Employer and keep the Employer fully and effectively indemnified against all
actions, costs, claims, demands, damages, expenses (including without limitation the fees

>>>
and disbursements of lawyers, agents and expert witnesses) and any awards and costs which
may be agreed to be paid in settlement of any proceedings (where the settlement has first
been proposed or approved in writing by/on behalf of the Contractor) and liabilities of

Go to Table of Conten
whatsoever nature arising out of or in connection with any allegation and/or claim that the
design of the uniform, its possession or use infringes any Intellectual Property Rights of any
party.

(3) The provisions of this Clause shall survive the completion or termination of the
Contract or determination of the employment of the Contractor (howsoever occasioned) and
shall continue in full force and effect notwithstanding such completion, termination or
determination.

SCC U3 – Definition and Interpretation

General Conditions of Contract Clause 1(1) is amended by adding the following definition:

“Intellectual Property Rights” means patents, trade marks, service marks, trade names,
design rights, copyright, domain names, database rights, rights in know-how, new
inventions, designs or processes and other intellectual property rights of whatever nature

Chapter 5 (Rev. 1) 379

 Project Administration Handbook for Civil Engineering Works 2012 Edition

and wheresoever arising, whether now known or hereafter created, and in each case whether
registered or unregistered and including applications for grant of such rights.

“Site Personnel” means all workers and staff employed by the Contractor or his
sub-contractors of all tiers including specialist sub-contractors and Nominated
Sub-contractors, except self-employed workers, engaged for the execution of the Works on
the Site and includes those drivers and lorry drivers who are not self-employed persons
engaged for the Works. [for use only when the Contract has not adopted the standard
Special Conditions of Contract Clauses for the prevention of non-payment of wages.]

Go to Table of Content
Note 1:- For design and build contracts, replace “date for commencement of the Works” with
“date for commencement of construction of the Works”.

* Delete as appropriate.

>>>
Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 380

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.55 SPECIAL CONDITIONS OF CONTRACT FOR PROVISION OF

UNIFORM FOR CAPITAL WORKS CONTRACTS TO BE USED
FOR CONTRACTS WITH ANTICIPATED COMMENCEMENT
DATE AFTER 22 MAY 2013

SCC Clause U1 – Uniform and associated facilities*

(1) (a) The Contractor shall provide the Engineer/Architect/Supervising

Go to Table of Content
Officer Surveyor and his staff*, the Site Personnel and
self-employed workers engaged for the execution of the Works on
the Site (such self-employed workers are hereinafter referred to in
this Clause as “self-employed workers”) with uniform items and
ensure that the Site Personnel and self-employed workers wear such
uniform items when they are on the Site and provide and maintain
uniform changing facilities* in accordance with the provisions of
Particular Specification Clauses X.1 to X.4.

>>>
(b) The Contractor shall give at least 7 days advance notice to the
Engineer / Architect / Supervising Officer* of the date on which the
Site Personnel and self-employed workers begin to wear the

Go to Table of Content
uniform items approved by the Engineer / Architect / Supervising
Officer* in accordance with Particular Specification Clause X.3
(such uniform items are hereinafter referred to as “approved
uniform items”) when they are on the Site.

(2) Subject to sub-clauses (1) and (3) to (6) of this Clause, the Contractor shall be
entitled to the following parts of the lump sum for Bills of Quantities Item
No. [1/U/1] in respect of uniform for Site Personnel and self-employed
workers (such lump sum is hereinafter referred to in this Clause as “the lump
sum”) –

>>>
(a) 10% of the lump sum upon the Engineer / Architect / Supervising
Officer’s * approval of the design of uniform items;

(b) 80% of the lump sum in instalments in respect of monthly Go to Table of Conten
instalment periods falling within the period from the Material Date
to the date of completion of the Works as stated in the certificate of
completion, or where the Works are divided into Sections, the date
of completion of the Section last completed as determined by
reference to the respective dates of completion of the Sections as
stated in the certificates of completion (such period is hereinafter
referred to in this Clause as the “Initial Period”); and

(c) 10% of the lump sum in instalments in respect of monthly

instalment periods falling within the period from and including the
day following the date of completion of the Works as stated in the
completion certificate, or where the Works are divided into
Sections, from and including the day following the date of
completion of the Section last completed as determined by
reference to the respective dates of completion of the Sections as

Chapter 5 (Rev. 1) 381

 Project Administration Handbook for Civil Engineering Works 2012 Edition

stated in the certificates of completion, to the date as stated in the

maintenance / defects liability* certificate issued in accordance
with General Conditions of Contract Clause 80, on which the
Contractor shall have completed his obligation to execute the
Works (such period is hereinafter referred to in this Clause as the
“Subsequent Period”) .

(3) (a) The first monthly instalment period under sub-clause (2)(b) of this
Clause shall commence on the first day of the Initial Period. The

Go to Table of Content
last monthly instalment period under sub-clause (2)(b) of this
Clause shall end on the date of completion of the Works as stated in
the certificate of completion, or where the Works are divided into
Sections, the date of completion of the Section last completed as
determined by reference to the respective dates of completion of the
Sections as stated in the certificates of completion, and such last
monthly instalment period may be less than a month.

(b) The first monthly instalment period under sub-clause (2)(c) of this
Clause shall commence on the first day of the Subsequent Period.

>>>
The last monthly instalment period under sub-clause (2)(c) of this
Clause shall end on the date as stated in the maintenance / defect
liability* certificate issued in accordance with General Conditions

Go to Table of Content
of Contract Clause 80, on which the Contractor shall have
completed his obligation to execute the Works, and such last
monthly instalment period may be less than a month.

(4) Subject to sub-clause (5) of this Clause, the amount of the instalment for each
of the monthly instalment periods under sub-clauses (2)(b) and (2)(c) of this
Clause shall be calculated by dividing the stated percentage of the lump sum
by the number of monthly instalment periods under sub-clause (2)(b) or (2)(c)
of this Clause, as the case may be.

>>>
(5) (a) The amount of the instalment for each of the monthly instalment
periods under sub-clauses (2)(b) and (2)(c) of this Clause shall be
adjusted by multiplying a Factor X according to the

Go to Table of Conten
Non-compliance Rate for Uniform as determined in accordance with
Particular Specification Clause X.4 for the monthly instalment
period, as follows:

Non-compliance Rate for Uniform Factor X

Up to 5% 100%
more than 5% and up to 10% 95%
more than 10% and up to 20% 75%
more than 20% and up to 30% 60%
more than 30% 0%

(b) Without prejudice to the power of the Engineer / Surveyor /

Supervising Officer* under General Conditions of Contract Clause
79(5) to delete, correct or modify any sum previously certified by
him, the Engineer / Surveyor / Supervising Officer* shall calculate
the difference between the amount of each instalment under

Chapter 5 (Rev. 1) 382

 Project Administration Handbook for Civil Engineering Works 2012 Edition

sub-clause (2)(b) or (2)(c) of this Clause, as the case may be, and the
adjusted amount of such instalment (such difference is hereinafter
referred to in this Clause as “the said difference”), and deduct the
aggregate total of the said differences of all instalments under
sub-clauses (2)(b) and (2)(c) of this Clause from the Contract Sum.

(c) Any adjustment made under this sub-clause (5) shall not relieve the
Contractor from any liability to the Employer for damages, costs,
charges, expenses, debts, or other sums for which he is liable under

Go to Table of Content
any provisions of the Contract save that the amount of such liability
shall be reduced by the amount of the said difference in respect of
the particular, relevant non-compliance.

(6) For the purposes of this Clause:

“certificate of completion” means a certificate of completion issued in

accordance with General Conditions of Contract Clause 53.

“date for commencement of the Works” means the date for commencement of

>>>
the Works [see Note 1] as notified by the Engineer / Architect / Supervising
Officer* in accordance with General Conditions of Contract Clause 47.

Go to Table of Content
“Material Date” means:

(i) the date as notified by the Contractor in accordance with sub-clause (1)(b)
of this Clause if such date falls within the period of 2 months after the
date for commencement of the Works [see Note 1]; or

(ii) the date of expiry of 2 months after the date for commencement of the
Works [see Note 1] (such date of expiry is hereinafter referred to as “the
said date of expiry”) if the Contractor fails to give notice in accordance
with sub-clause (1)(b) of this Clause or if the date notified by the

>>>
Contractor in accordance with sub-clause (1)(b) of this Clause falls after
the said date of expiry.

Go to Table of Conten
“Section last completed” excludes the Section for Establishment Works and
the Section for Aftercare to Old and Valuable Trees / the Section for
Establishment Works and Aftercare to Old and Valuable Trees*.

SCC U2 Intellectual Property Rights relating to uniform

(1) The Contractor warrants to the Employer that:

(a) the design (other than any logo specified by the Employer or the Engineer / Architect /
Supervising Officer*), manufacture and supply of the uniform (hereinafter collectively
referred to in this Clause as “design of the uniform”) in accordance with Particular
Specification Clause X.3 does not and will not infringe any Intellectual Property Rights
of any party; and

Chapter 5 (Rev. 1) 383

 Project Administration Handbook for Civil Engineering Works 2012 Edition

(b) in respect of the design of the uniform including but not limited to the supply or use of
any materials or articles by the Contractor, the Intellectual Property Rights of which are
vested in a third party:

(i) the Contractor has or shall have obtained a valid and continuing licence under
which the Contractor is entitled to sub-license the third party Intellectual Property
Rights for himself and for the Employer, its authorized users, assigns and
successors-in-title; or

Go to Table of Content
(ii) the Contractor has or shall have obtained the grant of all necessary clearances for
himself and for the Employer, its authorised users assigns and successors-in-title
prior to the supply or use of any materials or articles.

(2) Without prejudice to General Conditions of Contract Clause 28, the Contractor shall
indemnify the Employer and keep the Employer fully and effectively indemnified against all
actions, costs, claims, demands, damages, expenses (including without limitation the fees
and disbursements of lawyers, agents and expert witnesses) and any awards and costs which
may be agreed to be paid in settlement of any proceedings (where the settlement has first
been proposed or approved in writing by/on behalf of the Contractor) and liabilities of

>>>
whatsoever nature arising out of or in connection with any allegation and/or claim that the
design of the uniform, its possession or use infringes any Intellectual Property Rights of any
party.

Go to Table of Content
(3) The provisions of this Clause shall survive the completion or termination of the
Contract or determination of the employment of the Contractor (howsoever occasioned) and
shall continue in full force and effect notwithstanding such completion, termination or
determination.

SCC U3 – Definition and Interpretation

General Conditions of Contract Clause 1(1) is amended by adding the following definition:

>>>
“Intellectual Property Rights” means patents, trade marks, service marks, trade names,
design rights, copyright, domain names, database rights, rights in know-how, new

Go to Table of Conten
inventions, designs or processes and other intellectual property rights of whatever nature
and wheresoever arising, whether now known or hereafter created, and in each case whether
registered or unregistered and including applications for grant of such rights.

“Site Personnel” means all workers and staff employed by the Contractor or his
sub-contractors of all tiers including specialist sub-contractors and Nominated
Sub-contractors, except self-employed workers, engaged for the execution of the Works on
the Site and includes those drivers and lorry drivers who are not self-employed persons
engaged for the Works. [for use only when the Contract has not adopted the standard
Special Conditions of Contract Clauses for the prevention of non-payment of wages.]

Note 1:- For design and build contracts, replace “date for commencement of the Works” with
“date for commencement of construction of the Works”.
* Delete as appropriate.

Chapter 5 (Rev. 1) 384

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.56 PARTICULAR SPECIFICATION FOR UNIFORM AND

ASSOCIATED FACILITIES FOR CAPITAL WORKS
CONTRACTS TO BE USED FOR CONTRACTS TO BE
TENDERED AFTER 22 MAY 2012

UNIFORM AND ASSOCIATED FACILITIES*

X.1 (1) Subject to sub-clause (4) of this Clause, the Contractor

Go to Table of Content
Provision
shall within 2 months after the date for commencement
of the Works [see Note 1] as notified by the Engineer /
Architect / Supervising Officer* in accordance with
General Conditions of Contract Clause 47 (hereinafter
referred to as “date for commencement of the Works”
[see Note 1]) provide Site Personnel and self-employed
workers engaged for the execution of the Works on the
Site (such self-employed workers are hereinafter referred
to in Particular Specification Clauses X.1 to X.4 as

>>>
“self-employed workers”) with uniform to wear when
they are on the Site. The Contractor shall provide the
uniform, including without limitation any replacement as

Go to Table of Content
required under Clause X.2(3)*, to the Site Personnel and
self-employed workers, free of charge and free of any
monetary deposit, either refundable or non-refundable,
from the Site Personnel and self-employed workers.
The Contractor shall ensure that the Site Personnel and
self-employed workers begin to wear the uniform when
they are on the Site within 2 months after the date for
commencement of the Works [see Note 1], and ensure
that they wear the uniform when they are on the Site
throughout the progress of the Works until the expiry of

>>>
the Subsequent Period as referred to in Special
Conditions of Contract Clause [U1](2)(c).

Go to Table of Conten
(2) The uniform for Site Personnel and self-employed
workers shall consist of the following uniform items -

Chapter 5 (Rev. 1) 385

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Uniform items for

Site Personnel and self-employed workers
Casual Workers as
Non Casual Workers and defined in Clause XX 1 of
other personnel the Particular
Specification

Go to Table of Content
(i) Safety helmet (i) Safety helmet
(ii) Polo shirt for workers (ii) Vest
and polo shirt or shirt
for other personnel
(long sleeves and
short sleeves to suit
weather)
(iii)Winter jacket
(iv) Trousers

>>>
(3) The Contractor shall provide sufficient number of each

Go to Table of Content
of the uniform items to each of the Site Personnel and
self-employed worker required to wear the uniform and
the Contractor shall take measures as far as practicable to
ensure that the uniform items are maintained in
reasonably tidy and good conditions.

(4) The provision of uniform to and the wearing of uniform

by Site Personnel and self-employed workers as required
under sub-clause (1) of this Clause shall not apply to the

>>>
following-

(i) personnel not involved in site work, such as

Go to Table of Conten
office-based staff, drivers of transport for the use of
the Engineer / Architect / Supervising Officer /
Surveyor* and security guards; or
(ii) workers engaged in work requiring personal
protective equipment which, in the opinion of the
Engineer / Architect / Supervising Officer*, renders
the wearing of uniform items unsuitable or
impractical.

1
The Particular Specification clause relating to Payment of Wages of the Site Personnel defining the meaning
of “Casual Workers”. For contract that has not adopted the standard contract provisions for the prevention of
non-payment of wages, please define “Casual Workers” as those Site Personnel who are expected to work on
Site no more than an aggregated total of 7 working days throughout the duration of the Contract period.

Chapter 5 (Rev. 1) 386

 Project Administration Handbook for Civil Engineering Works 2012 Edition

# (5) The Contractor shall provide for the use of the Engineer /
Architect / Supervising Officer / Surveyor* and his staff
uniform in accordance with Drawing No. XXXXX /
Appendix XXXX to this Particular Specification.
Unless otherwise permitted by the Engineer / Architect /
Supervising Officer* in writing, the details of such
uniform as specified in Drawing No. XXXXX / Appendix
XXXX to this Particular Specification* shall not be
reproduced or used in any way other than that stipulated

Go to Table of Content
in the Contract.

[Note not forming part of the specification : Details of

the uniform items for the Engineer / Architect /
Supervising Officer / Surveyor to be included by the
consultants]

# (6) The uniform for the Engineer / Architect / Supervising

Officer / Surveyor* and his staff shall consist of the
following uniform items –

>>>
Uniform Items for the Engineer/Architect/Supervising

Go to Table of Content
Officer/Surveyor * and his staff

Uniform Items Total Number Required

(i) Safety helmet XX

(ii) Shirt (long sleeves) XX
(iii) Shirt (short sleeves) XX
(iv) Winter jacket XX
(v) Trousers XX

>>>
Go to Table of Conten
# (7) The Contractor shall provide to the Engineer / Architect
/ Supervising Officer / Surveyor* and his staff the
uniform items under sub-clauses (5) and (6) of this
Clause. The uniform items for the Engineer / Architect
/ Supervising Officer / Surveyor* and his staff shall be
returned to the Contractor on or before the date of issue
of the maintenance / defects liability* certificate in
accordance with General Conditions of Contract Clause
80.

Maintenance X.2 (1) The Contractor shall provide and maintain in good and
workable conditions sufficient uniform changing
facilities on the Site at location as shown on the
Drawing. The Contractor may propose for the approval
of the Engineer / Architect / Supervising Officer*
alternative location for the uniform changing facilities.
The uniform changing facilities shall enable Site

Chapter 5 (Rev. 1) 387

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Personnel and self-employed workers to change their

clothing in privacy. The Contractor shall, within 14
days from the date for commencement of the Works [see
Note 1], propose the general layout of the uniform
changing facilities for the approval of the Engineer /
Architect / Supervising Officer* and make such facilities
available for use prior to the provision of uniform items
to Site Personnel and self-employed workers.

Go to Table of Content
[This sub-clause is needed only when a D2 or above
officer considers it appropriate and practical to provide
uniform changing facilities in the contract.]

(2) If the vest for the Casual Workers is to be shared among

different Casual Workers, the Contractor shall wash the
vest and ensure that it is in clean and good conditions
each time before it is provided to another Casual Worker.

>>>
(3) The Contractor shall replace as soon as practicable
uniform items provided to Site Personnel and
self-employed workers that are damaged, torn, worn,

Go to Table of Content
expired or lost.

Design X.3 (1) The Contractor shall within 7 days from the date for
commencement of the Works [see Note 1] submit the
design of the uniform items for Site Personnel and
self-employed workers to the Engineer / Architect /
Supervising Officer* for his approval. In submitting the
design to the Engineer / Architect / Supervising Officer*
the Contractor may propose a standard uniform design
developed and adopted by the construction industry that

>>>
can be or has been used in other contracts provided the
design complies with the requirements of the Contract.

Go to Table of Conten
(2) The Engineer / Architect / Supervising Officer* shall
within 2 weeks after receiving the design submitted by
the Contractor in accordance with sub-clause (1) of this
Clause, either approve the design or provide his
comments on the design and specify a time within which
the Contractor shall re-submit his design. The Engineer
/ Architect / Supervising Officer* shall within 1 week
after receiving any design re-submitted by the Contractor
in accordance with this sub-clause, either approve the
design or provide his further comments on the design and
specify a time within which the Contractor shall
re-submit his design. The Contractor shall submit or
re-submit, as appropriate, his design within the time
specified by the Engineer / Architect / Supervising
Officer*.

Chapter 5 (Rev. 1) 388

 Project Administration Handbook for Civil Engineering Works 2012 Edition

(3) The design of the uniforms for Site Personnel and

self-employed workers shall comply with the following
requirements-
General
(i) All items shall have sufficient choices of sizes to
reasonably fit all personnel.
(ii) Clothing shall have no loose or dangling parts

Go to Table of Content
which can be easily entangled by machineries.
Clothing
(iii) The fabric for clothing shall be suitable for the
designed weather condition.
(iv) The fabric for polo shirt for workers shall be
CVC fabric (65% cotton and 35% polyester) with
minimum weight of 200 grams per square metre
(gsm) or of such fabric as approved by the

>>>
Engineer / Architect / Supervising Officer* and
shall comply with the requirements in Appendix
X.1 of the Specification.

Go to Table of Content
(v) Washable retroreflective strips or bands shall be
incorporated onto the polo shirts and winter
jackets for workers. The layout of the
retroreflective strips or bands shall comply with
BS EN 471.
(vi) The fabric for summer clothing should preferably
be of light color and be thin and absorbent to
minimise heat absorption and enhance heat and

>>>
perspiration dissipation. Subject to sub-clause
(3)(ii) of this Clause, summer clothing shall be
loose-fitting to enhance perspiration dissipation.

Go to Table of Conten
(vii) Trousers for workers shall be 100% cotton or of
such fabric as approved by the Engineer /
Architect / Supervising Officer* and shall comply
with the requirements in Appendix X.2 of the
Specification. Trousers shall have semi-elastic
adjustable waist size with belt loops and at least
two front pockets and two back pockets. The
horizontal dimension of belt loops for trousers
shall be at least 20mm wide.
(viii) A logo specified by the Employer or the
Engineer / Architect / Supervising Officer* shall
be integrated into the design and be shown in
reasonable size on the top right front side of the
uniform top. The Intellectual Property Rights
of the specified logo are owned by the Employer

Chapter 5 (Rev. 1) 389

 Project Administration Handbook for Civil Engineering Works 2012 Edition

and unless otherwise permitted by the Employer

in writing, the specified logo shall not be
reproduced or used in any way other than that
stipulated in the Contract. For the avoidance of
doubt, the Employer’s departmental logo or the
logo of the Engineer’s / Architect’s / Supervising
Officer’s / Surveyor’s* organisation shall not be
shown on uniform items for Site Personnel and
self-employed workers but the Contractor may

Go to Table of Content
show the Contractor’s logo on the uniform items
for Site Personnel and self-employed workers.
(ix) For the uniform for workers, the Contractor shall
provide independent test certificates for the
fabric used for the uniform and for the sample
garments to demonstrate to the satisfaction of the
Engineer / Architect / Supervising Officer* their
compliance with the requirements in Appendix
X.1 and Appendix X.2 of the Specification as

>>>
appropriate. The Contractor shall submit new
independent test certificates whenever there is a
change in fabric or uniform supplier. In any

Go to Table of Content
case, the Engineer / Architect / Supervising
Officer* may order tests to be conducted in
accordance with the requirements in Appendix
X.1 and Appendix X.2 of the Specification for
the fabric or garments. The expense and costs
of such tests shall be borne by the Contractor.

Safety helmet
(x) Safety helmets shall comply with the “Guidance

>>>
Notes on the Selection, Use and Maintenance of
Safety Helmets” published by the Labour
Department. Safety helmets shall have

Go to Table of Conten
detachable chin straps and nape strap adjustable
by adjustment wheel dial or ratchet knob system.
(xi) The Contractor shall propose the colour code of
helmets for the approval of the Engineer /
Architect / Supervising Officer*. The safety
helmets of the following three categories of Site
Personnel shall be of different colours –
• workers
• Contractor’s supervisory, technical and
managerial staff
• Engineer’s/Architect’s/Supervising
Officer’s/Surveyor’s* staff

(4) The Contractor shall, if instructed by the Engineer /

Architect / Supervising Officer*, submit sample of the

Chapter 5 (Rev. 1) 390

 Project Administration Handbook for Civil Engineering Works 2012 Edition

uniform items to the Engineer / Architect / Supervising

Officer*.

Auditing X.4 (1) The Engineer / Architect / Supervising Officer /

Surveyor* shall conduct at least one audit with the
Contractor in each monthly instalment period during the
Initial Period and Subsequent Period referred to in
Special Conditions of Contract Clause [U1](2)(b) and
[U1](2)(c) (hereinafter referred to as “monthly

Go to Table of Content
instalment period”) on the wearing of uniform items by
Site Personnel and self-employed workers to determine
the Non-compliance Rate for Uniform for the monthly
instalment period in which the audit is conducted for the
purpose of adjusting payment under Special Conditions
of Contract Clause [U1].

(2) The audit shall not be conducted when, in the opinion of

the Engineer / Architect / Supervising Officer /
Surveyor*, Site Personnel and self-employed workers

>>>
may need to wear any protective clothing for inclement
weather which will cover or obscure the uniform. The
Engineer / Architect / Supervising Officer / Surveyor*

Go to Table of Content
may choose to conduct more than one audit with the
Contractor in any monthly period referred to in
sub-clause (1) of this Clause or any monthly instalment
period. The Engineer / Architect / Supervising Officer /
Surveyor* shall select randomly the date for each audit,
and shall not notify the Contractor in advance the date
selected for the audit until the day of the audit. The
Engineer / Architect / Supervising Officer / Surveyor* is
entitled to select any part of the Site to be inspected for
the audit. If the Contractor does not send a

>>>
representative to witness the audit when requested by the
Engineer / Architect / Supervising Officer / Surveyor*,
the Engineer / Architect / Supervising Officer /

Go to Table of Conten
Surveyor* may decide to conduct the audit without the
Contractor’s representative and the audit results of the
Engineer / Architect / Supervising Officer / Surveyor*
shall be taken as final and binding on the Contractor.

(3) The Non-compliance Rate for Uniform for each audit

shall be determined as follows-

Total number of Site Personnel and self-employed

workers found not wearing all the uniform items
provided under Particular Specification Clause
X.1(2) during the audit
Total number of Site Personnel and self-employed
workers audited
expressed as a percentage.

Chapter 5 (Rev. 1) 391

 Project Administration Handbook for Civil Engineering Works 2012 Edition

(4) If more than one audit is conducted within any monthly

instalment period, the Non-compliance Rate for Uniform
for such monthly instalment period shall be the
arithmetic mean of the Non-compliance Rates for
Uniform for all the audits conducted within the same
monthly instalment period.

(5) For the avoidance of doubt, the Site Personnel and

self-employed workers referred to in sub-clause (3) of

Go to Table of Content
this Clause shall be those who were or should have been
provided with the uniform items to wear in accordance
with Particular Specification Clause X.1.

(6) For the purpose of sub-clause (3) of this Clause and for
the avoidance of doubt, the Site Personnel and
self-employed workers are considered to be wearing all
the uniform items if-

(i) subject to sub-clause (6)(ii) of this Clause, they

>>>
wear all the uniform items provided in accordance
Particular Specification Clause X.1 as their
outermost clothing; and

Go to Table of Content
(ii) for Non Casual Workers, they wear either the
uniform item of polo shirt/shirt or winter jacket or
both in which case only one of these uniform items
shall be worn as the outermost clothing.

Note 1 - For design and build contracts, replace “date for commencement of the Works” with
“date for commencement of construction of the Works”.

>>>
* Delete or modify as appropriate

Go to Table of Conten
# To be included in contracts where uniform for consultants’ resident site staff is required

Chapter 5 (Rev. 1) 392

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Appendix X.1 of the Specification

Specification and Test Requirements for Knitted Items

Test Item項目 Test Method In Direct Contact With No Direct

測試方法 with Skin Contact with Skin
直接接觸皮膚 非直接接觸皮膚
PH值 AATCC81 4.0 - 7.5 4.0 - 9.0
(PH Value)

Go to Table of Content
甲醛含量(mg/kg) ISO14184 or ≤ 75ppm ≤ 300ppm
(Formaldehyde Content) GB/T 2912.1
可分解芳香胺染料 EN14362 Not Detected 禁用 Not Detected 禁用
(AZO Dyes)
異味 SNV 195 Odourless無異味 Odourless 無異味
Determination Of Odour 651 or
GB Test
Method 2
水洗尺寸變化率 直向 ISO5077 ≤ +/- 5% ≤ +/- 5%

>>>
(單面織物)(%) (Length) ISO6330 (Non-Garment (Non-Garment
(Dimensional 横向 (1st & 3rd washed) washed)
Stability to (Width) washes) ≤ +/- 3% (Garment ≤ +/- 3% (Garment

Go to Table of Content
Washing) washed) washed)
水洗後扭曲率(%) 上衣(Top) ISO16322 Top : ≤ 5% Top : ≤ 5%
(Spirality) 褲子 ISO6330 Bottom & one Bottom & one
(Pants) piece : ≤ 2.5% piece : ≤ 2.5%
耐洗色牢度(級) 變色 ISO105-C06
(Colour Fastness to (Colour ≥4 ≥4
Washing) Change)
沾色
(Colour ≥ 3-4 ≥ 3-4

>>>
Staining)
自身沾色 ≥ 4 (contrast colour)
(Crossing

Go to Table of Conten
Staining)
耐摩擦色牢度(級) 乾(Dry) ISO105-X12 ≥4 ≥4
(Colour Fastness to
Rubbing) 濕(Wet) ≥3 ≥3

耐汗漬色牢度(級) 變色 ISO105-E04
(Colour Fastness to (Colour ≥4 ≥4
Perspiration) Change)
-酸(Acid) & 鹼 沾色
(Alkaline) (Colour ≥ 3-4 ≥ 3-4
Staining)

Chapter 5 (Rev. 1) 393

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Test Item項目 Test Method In Direct Contact With No Direct

測試方法 with Skin Contact with Skin
直接接觸皮膚 非直接接觸皮膚
塗料印花耐洗色 變色 ISO105-C06
牢度(級) (Colour (For ≥ 3-4 ≥ 3-4
(Colour Fastness to Change) Pigment)
Washing(Pigment)) 沾色
(Colour ≥3 ≥3
Staining)

Go to Table of Content
塗料印花耐摩擦 乾(Dry) ISO105-C07 ≥ 3-4 3-4
牢度(級) 濕(Wet) (For ≥ 2-3 2-3
(Colour Fastness to Pigment)
Rubbing(Pigment))
耐光色牢度(級) ISO105-B02 ≥4 ≥4
(Colour Fastness to Light)

>>>
耐水色牢度(級) 變色 ISO105-E01
(Colour Fastness to (Colour ≥4 ≥4
Water) Change)

Go to Table of Content
沾色
(Colour ≥ 3-4 ≥ 3-4
Staining)
洗水後外觀 Visual 1st & 3rd washes 1st & 3rd washes
Appearance after Wash Assessment No undesirable No undesirable
(including retroreflective strips effect effect
and logo)

彈子頂破强力(N) 單面 ASTM Fabric : ≥ 40 lb/sq. Fabric : ≥ 40 lb/sq.

>>>
(Ball Bursting (Single) D3786 in ; in ;
Strength) Seam : ≥ 35 lb/sq. Seam : ≥ 35 lb/sq. in
in

Go to Table of Conten
雙面、絨
類
(Double、
Fleece)
起球(級) Please refer Note A ASTM ≥ 3-4 ≥ 3-4
(Pilling Resistance as Received) D3512

Note A - 全棉、剪毛、絲絨、磨毛、起絨類產品不須測試起球. (Pilling test is not required

for 100% cotton, velour, peached, brushed fabric)

Chapter 5 (Rev. 1) 394

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Appendix X.2 of the Specification

Specification and Test Requirements for Woven Items

Test Items 項目 Test Method In Direct Contact With No Direct

測試方法 with Skin Contact with Skin
直接接觸皮膚 非直接接觸皮膚
PH值 AATCC81 4.0 - 7.5 4.0 - 9.0
(PH Value)

Go to Table of Content
甲醛含量(mg/kg) ISO14184 or ≤ 75ppm ≤ 300ppm
(Formaldehyde Content) GB/T 2912.1
異味 SNV 195 651 Odourless 無異味 Odourless 無異味
Determination of Odour or
GB 18401
可分解芳香胺染料 EN14362 Not Detected Not Detected
(AZO Dyes)
水洗尺寸變化率 領(Collar) ISO5077 ≤ +/-3% ≤ +/-3%
(%) refer Note A ISO6330

>>>
(Dimensional 胸圍 (1st & 3rd washes) (1st & 3rd washes)
Stability to (Chest)
Washing)

Go to Table of Content
衣長(Top
Length)
腰圍
(Waist)
褲長
(Skirts/Pan
ts Length)
耐洗色牢度(面 變色 ISO105-C06 ≥4 ≥4
料)(級) (Colour

>>>
Change)
(Colour Fastness 沾色 ≥3 ≥3
to Washing(Shell)) (Colour

Go to Table of Conten
Staining)
耐洗色牢度(里 變色 ISO105-C06 ≥ 3-4 ≥ 3-4
料)(級) (Colour
(Colour Fastness Change)
to ≥3 ≥3
Washing(Lining)) 沾色
(Colour
Staining)
耐摩擦色牢度(面 乾(Dry) ISO105-X12 ≥4 ≥4
料)(級)
(Colour Fastness 濕(Wet) ≥3 ≥3
to Rubbing(Shell))

Chapter 5 (Rev. 1) 395

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Test Items 項目 Test Method In Direct Contact With No Direct

測試方法 with Skin Contact with Skin
直接接觸皮膚 非直接接觸皮膚
耐摩擦色牢度(里 乾(Dry) ISO105-X12 ≥4 ≥4
料)(級)
(Colour Fastness 濕(Wet) ≥3 ≥3
to
Rubbing(Lining))
ISO105-E04 ≥4 ≥4

Go to Table of Content
耐汗漬色牢度 變色
(面、里料)(級) (Colour
Change)
(Colour Fastness 沾色 ≥ 3-4 ≥ 3-4
to Perspiration (Colour
(Shell & Lining)) - Staining)
酸(Acid) & 鹼
(Alkaline)
耐光色牢度(面料)(級) AATCC16E ≥4 ≥4
(Colour Fastness to Light(Shell)) (20 hrs) /

>>>
ISO105-B02
(20 hrs)
耐水色牢度((面、 變色 ISO105-E01 ≥4 ≥4

Go to Table of Content
里料)(級) (Colour
Change)
(Colour Fastness 沾色 ≥ 3-4 ≥ 3-4
to (Colour
Water(Shell&Lini Staining)
ng))
洗水後外觀 Visual 1st & 3 rd washes 1st & 3 rd washes
Appearance after Wash Assessment (no undesirable (no undesirable
effect) effect)

>>>
耐磨性能 ASTM 10,000 rubs for light weight fabric :
Abrasion D4966 below 150g
20,000 rubs for medium weight fabric :

Go to Table of Conten
150g - 250g
30,000 rubs for heavy weight fabric :
over 250g
起毛起球性能(級) ASTM ≥ 3-4 ≥ 3-4
(Pilling Resistance as Received) D3512

Note A - 只測試立領 (Tested on Stand Collar)

Chapter 5 (Rev. 1) 396

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.57 PARTICULAR PREAMBLES TO AMEND THE METHOD OF

MEASUREMENT FOR UNIFORM AND ASSOCIATED
FACILITIES (FOR CAPITAL WORKS CONTRACTS)
Note 1

SECTION 1

PRELIMINARIES

Go to Table of Content
TEMPORARY ACCOMMODATION FOR THE ENGINEER#

Erection of temporary 1.05 The items for the erection of temporary accommodation for the
accommodation for the Engineer is amended, in accordance with the following Particular
Engineer# Preambles:

Item coverage# (a) provision of areas within the Site;

(b) excavation, levelling and preparation;

>>>
(c) foundations, bases and hardstandings;
(d) water, sanitation, heating, air conditioning, power, lighting,
telephone and communication services;

Go to Table of Content
(e) fences, notices and direction boards;
(f) vehicle access, parking areas and footways;
(g) office and laboratory supplies, furniture and equipment,
and surveying instruments;
(h) uniform for the Engineer and his staff including samples
and testing of the uniform.

Dismantling of 1.07 The items for dismantling of temporary accommodation for the
temporary Engineer is amended, in accordance with the following Particular
accommodation for the Preambles:

>>>
Engineer#

Item coverage# (a) receiving back supplies, furniture, equipment, uniform and

Go to Table of Conten
surveying instruments not required by the Employer;
(b) disconnecting and removing utilities, and sealing disused
utilities;
(c) demolishing, dismantling and removing off Site temporary
accommodation, vehicle access, hardstandings, parking
areas, footways, fences, notice and direction boards;
(d) reinstatement of the areas occupied by temporary
accommodation, vehicle accesses, hardstandings, parking
areas, footways, fences, notices and direction boards.

TEMPORARY ACCOMMODATION FOR THE CONTRACTOR

Temporary 1.11 The items for temporary accommodation for the Contractor is
accommodation for the amended, in accordance with the following Particular Preambles:
Contractor

Chapter 5 (Rev. 1) 397

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Item coverage (a) erection, servicing and removal of everything required by

the Contractor, including sheds, stores, workman’s
accommodation, hard-paved area for the implementation
of Pre-work Activities for Site Safety Cycle as specified
in Particular Specification Clause ( ), welfare facilities
for workers in accordance with Particular Specification
Clause ( ), uniform changing facilities* for workers in
accordance with Particular Specification Clauses

Go to Table of Content
( )* and the like;

(b) reinstatement of the sites occupied by temporary

accommodation.

UNIFORM

Note 1U.01 The pre-fixed rate for item of uniform for Site Personnel and
self-employed workers shall be deemed to allow for the value of
work related to the item and for meeting all other related

>>>
obligations, liabilities, risks and profit. In the event that the
pre-fixed rate has been insufficient or where there are any
aspects where the methods provided hereunder do not measure

Go to Table of Content
any item or exclude the measurement of any item or part thereof,
the difference in value shall be deemed to have been included in
the rates inserted elsewhere in the Bills of Quantities.

Units 1U.02 The unit of measurement shall be:

(i) uniform for Site Personnel and self-employed

workers ..................................................... item

>>>
Itemisation 1U.03 Separate items shall be provided for uniform for Site Personnel
and self-employed workers and in accordance with General

Go to Table of Conten
Principles paragraph 3 and 4 and the following:

Group Feature

I 1. Uniform for Site Personnel and

self-employed workers

Chapter 5 (Rev. 1) 398

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Uniform for Site 1U.04 The item for uniform for Site Personnel and self-employed
Personnel and workers shall, in accordance with General Preambles paragraph 2,
self-employed workers include for:

Item coverage (a) design, provision, maintenance, and removal of uniform

for Site Personnel and self-employed workers;
(b) preparing, amending as necessary, and submitting to the
Engineer / Architect / Surveyor / Supervising Officer*

Go to Table of Content
for approval, details of and drawings showing the design
of the uniform items;
(c) samples and testing thereof;
(d) replacement of uniform items;
(e) credit value of the uniform items when returned and
removed;
(f) joint audit on the wearing of uniform items.

>>>
Go to Table of Content
* delete where applicable

Note 1 : The Method of Measurement provisions in this Schedule are

applicable to contracts adopting the Standard Method of Measurement
(1992 Edition) and its Corrigenda. Amendments to suit contracts
adopting other types of standard methods of measurement should be

>>>
made.

# Delete if the provision of uniform for the Engineer / Architect /

Go to Table of Conten
Surveyor / Supervising Officer in PS Clause X.1(5) is deleted.

Chapter 5 (Rev. 1) 399

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.58 BILLS OF QUANTITIES FOR PROVISION OF UNIFORM AND

ASSOCIATED FACILITIES

BILL NO. 1
PRELIMINARIES

Item Description Quantity Unit Rate Amount

Go to Table of Content
$ $

SECTION : 1
PRELIMINARIES

Uniform

1/U/1 Uniform for Site Personnel and - item - [see note

self-employed workers 1]

>>>
Go to Table of Content
Carry forward to Summary at end of BILL NO. 1 : PRELIMINARIES

>>>
Go to Table of Conten
BQ1/xx

Note 1 The rate shall be pre-priced making reference to the “Implementation Guidelines”

Chapter 5 (Rev. 1) 400

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Summary

Bill Description Preliminaries Bill No. 1

Bill page reference Amount HK$

BQ1/1

Go to Table of Content
BQ1/2

…………….

………………

…………………

BQ1/xx

>>>
Go to Table of Content
Total for Bill (Carried to Grand Summary) HK$

>>>
BQ1/xxx

Go to Table of Conten

Chapter 5 (Rev. 1) 401

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.59 NOTE TO TENDERERS FOR PROVISION OF UNIFORM

Provision of Uniform for Site Personnel

Note to Tenderers

Tenderers should note Special Conditions of Contract Clause [ ] and Particular

Go to Table of Content
Specification Section [ ] on “Uniform and Associated Facilities*”. A separate pre-priced
item is stipulated in the Bills of Quantities/Schedule of Rates* for the provision of uniform to
Contractor’s Site Personnel (as defined in Special Conditions of Contract Clause [ ]) and
self-employed workers. Monthly audit(s) will be conducted to determine the
Non-compliance Rate for Uniform in accordance with the Particular Specification and the
monthly instalment payments for the pre-priced item will be subject to adjustment based on
the Non-compliance Rate for Uniform in accordance with Special Conditions of Contract

>>>
Clause [ ]

Go to Table of Content
(* delete as appropriate)

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 402

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.60 SPECIAL CONDITIONS OF CONTRACT FOR PROVISION OF

UNIFORM FOR TERM CONTRACTS TO BE USED FOR
CONTRACTS TO BE TENDERED AFTER 22 MAY 2012 AND
WITH ANTICIPATED COMMENCEMENT DATE ON OR
BEFORE 22 MAY 2013

SCC Clause U1 – Uniform and Associated Facilities*

Go to Table of Content
(1) (a) Where the Engineer / Maintenance Surveyor* issues a Works Order
for the execution of the works as specified in Particular Specification
Clauses X.1 to X.4, the Contractor shall provide the
Engineer/Maintenance Surveyor and his staff*, the Site Personnel
and self-employed workers engaged for the execution of the Works
of any Works Order on the Site (such self-employed workers are
hereinafter referred to in this Clause as “self-employed workers”)
with uniform items and ensure that the Site Personnel and
self-employed workers wear such uniform items when they are on the

>>>
Site and provide and maintain uniform changing facilities* in
accordance with the provisions of Particular Specification Clauses
X.1 to X.4.

Go to Table of Content
(b) The Contractor shall give at least 7 days advance notice to the
Engineer / Maintenance Surveyor* of the date on which the Site
Personnel and self-employed workers begin to wear the uniform
items approved by the Engineer / Maintenance Surveyor * in
accordance with Particular Specification Clause X.3 (such uniform
items are hereinafter referred to as “approved uniform items”) when
they are on the Site.

(2) Subject to sub-clauses (1) and (3) to (8) of this Clause, the Contractor shall be

>>>
entitled to the following parts of the lump sum for Schedule of Rates Item No.
[1/U/1] in respect of uniform for Site Personnel and self-employed workers
(such lump sum is hereinafter referred to in this Clause as “the lump sum”):

(a) 10% of the lump sum upon the Engineer / Maintenance Surveyor’s * Go to Table of Conten
approval of the design of uniform items;

(b) 80% of the lump sum in instalments in respect of monthly instalment

periods falling within the period from the Material Date to the date of
expiry of the Contract Period (such period is hereinafter referred to in
this Clause as the “Initial Period”); and

(c) 10% of the lump sum in instalments in respect of monthly instalment

periods falling within the period from and including the day
following the date of expiry of the Contract Period to the date as
stated in the final / maintenance / defects liability* certificate issued
in accordance with General Conditions of Contract Clause 83/86*, on
which the Contractor shall have completed his obligation to execute
the Whole of the Works (such period is hereinafter referred to in this

Chapter 5 (Rev. 1) 403

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Clause as the “Subsequent Period”).

(3) (a) The first monthly instalment period under sub-clause (2)(b) of this
Clause shall commence on the first day of the Initial Period. The
last monthly instalment period under sub-clause (2)(b) of this Clause
shall end on the date of the expiry of the Contract Period, and such
last monthly instalment period may be less than a month.

(b) The first monthly instalment period under sub-clause (2)(c) of this

Go to Table of Content
Clause shall commence on the first day of the Subsequent Period.
The last monthly instalment period under sub-clause (2)(c) of this
Clause shall end on the date as stated in the final / maintenance /
defects liability* certificate issued in accordance with General
Conditions of Contract Clause 83/86*, on which the Contractor shall
have completed his obligation to execute the Whole of the Works,
and such last monthly instalment period may be less than a month.

(4) Subject to sub-clause (5) of this Clause, the amount of the instalment for each
of the monthly instalment periods under sub-clauses 2(b) and 2(c) of this

>>>
Clause shall be calculated by dividing the stated percentage of the lump sum by
the number of monthly instalment periods under sub-clause 2(b) or 2(c) of this
Clause, as the case may be.

Go to Table of Content
(5) (a) The amount of the instalment for each of the monthly instalment
periods under sub-clauses 2(b) and 2(c) of this Clause shall be
adjusted by multiplying a Factor X according to the Non-compliance
Rate for Uniform as determined in accordance with Particular
Specification Clause X.4 for the monthly instalment period, as follows:

(i) where any day of the monthly instalment period falls on or before
22 May 2013 –

>>>
Non-compliance Rate for Uniform Factor X
Up to 10% 100%

Go to Table of Conten
more than 10% and up to 20% 90%
more than 20% and up to 30% 70%
more than 30% 0%

(ii) where the whole monthly instalment period falls after 22 May
2013 -

Non-compliance Rate for Uniform Factor X

Up to 5% 100%
more than 5% and up to 10% 95%
more than 10% and up to 20% 75%
more than 20% and up to 30% 60%
more than 30% 0%

(b) Without prejudice to the power of the Engineer under General

Conditions of Contract Clause 82 to delete, correct or modify any sum
previously certified by him, the Engineer shall calculate the difference

Chapter 5 (Rev. 1) 404

 Project Administration Handbook for Civil Engineering Works 2012 Edition

between the amount of each instalment under sub-clause (2)(b) or

(2)(c) of this Clause, as the case may be, and the adjusted amount of
such instalment (such difference is hereinafter referred to in this Clause
as “the said difference”), and the said difference shall not be payable
by the Employer to the Contractor. /Without prejudice to the power of
the Maintenance Surveyor under General Conditions of Contract
Clause 83 to make any correction or modification in any previous
certificate issued by him, the Maintenance Surveyor shall calculate the
difference between the amount of each instalment under sub-clause

Go to Table of Content
(2)(b) or (2)(c) of this Clause, as the case may be, and the adjusted
amount of such instalment (such difference is hereinafter referred to in
this Clause as “the said difference”), and the said difference shall not
be payable by the Employer to the Contractor.*

(c) Any adjustment made under this sub-clause (5) shall not relieve the
Contractor from any liability to the Employer for damages, costs,
charges, expenses, debts, or other sums for which he is liable under
any provisions of the Contract save that the amount of such liability
shall be reduced by the amount of the said difference in respect of the

>>>
particular, relevant non-compliance.

(6) Sums payable in respect of Schedule of Rates Item No. [1/U/1] shall not be

Go to Table of Content
subject to adjustment by any Contract Percentage.[see Note 2]

(7) The date for completion for the Works Order for the execution of the works as
specified in Particular Specification Clauses X.1 to X.4 shall be the day before
the last day of the Subsequent Period [see Note 3]. Notwithstanding this,
during the Maintenance Period in respect of such Works Order the Contractor
shall provide the Engineer/Maintenance Surveyor and his staff*, the Site
Personnel and self-employed workers engaged for the execution of the Works
of any Works Order on the Site with uniform items and ensure that the Site
Personnel and self-employed workers wear such uniform items when they are

>>>
on the Site and provide and maintain uniform changing facilities* in
accordance with the provisions of Particular Specification Clauses X.1 to X.4.

Go to Table of Conten
(8) For the purposes of this Clause, “Material Date” means:

(i) the date as notified by the Contractor in accordance with sub-clause

(1)(b) of this Clause if such date falls within the period of 2 months
after the date for commencement stated on the Works Order [see Note
1] for the execution of the works as specified in Particular
Specification Clauses X.1 to X.4; or

(ii) the date of expiry of 2 months after the date for commencement stated
on the Works Order [see Note 1] for the execution of the works as
specified in Particular Specification Clauses X.1 to X.4 (such date of
expiry is hereinafter referred to as “the said date of expiry”) if the
Contractor fails to give notice in accordance with sub-clause (1)(b) of
this Clause or if the date notified by the Contractor in accordance with
sub-clause (1)(b) of this Clause falls after the said date of expiry.

Chapter 5 (Rev. 1) 405

 Project Administration Handbook for Civil Engineering Works 2012 Edition

SCC U2 Intellectual Property Rights relating to uniform

(1) The Contractor warrants to the Employer that:

(a) the design (other than any logo specified by the Employer or the Engineer/Maintenance
Surveyor*), manufacture and supply of the uniform (hereinafter collectively referred to
in this Clause as “design of the uniform”) in accordance with Particular Specification
Clause X.3 does not and will not infringe any Intellectual Property Rights of any party;

Go to Table of Content
and

(b) in respect of the design of the uniform including but not limited to the supply or use of
any materials or articles by the Contractor, the Intellectual Property Rights of which are
vested in a third party:

(i) the Contractor has or shall have obtained a valid and continuing licence under
which the Contractor is entitled to sub-license the third party Intellectual Property
Rights for himself and for the Employer, its authorized users, assigns and
successors-in-title; or

>>>
(ii) the Contractor has or shall have obtained the grant of all necessary clearances for
himself and for the Employer, its authorised users assigns and successors-in-title

Go to Table of Content
prior to the supply or use of any materials or articles.

(2) Without prejudice to General Conditions of Contract Clause 30, the Contractor shall
indemnify the Employer and keep the Employer fully and effectively indemnified against all
actions, costs, claims, demands, damages, expenses (including without limitation the fees and
disbursements of lawyers, agents and expert witnesses) and any awards and costs which may be
agreed to be paid in settlement of any proceedings (where the settlement has first been proposed
or approved in writing by/on behalf of the Contractor) and liabilities of whatsoever nature arising
out of or in connection with any allegation and/or claim that the design of the uniform, its

>>>
possession or use infringes any Intellectual Property Rights of any party.

(3) The provisions of this Clause shall survive the completion or termination of the

Go to Table of Conten
Contract or determination of the employment of the Contractor (howsoever occasioned) and shall
continue in full force and effect notwithstanding such completion, termination or determination.

SCC U3 – Definition and Interpretation

General Conditions of Contract Clause 1(1) is amended by adding the following definition:

“Intellectual Property Rights” means patents, trade marks, service marks, trade names, design
rights, copyright, domain names, database rights, rights in know-how, new inventions, designs or
processes and other intellectual property rights of whatever nature and wheresoever arising,
whether now known or hereafter created, and in each case whether registered or unregistered and
including applications for grant of such rights.

“Site Personnel” means all workers and staff employed by the Contractor or his sub-contractors
of all tiers including specialist sub-contractors and Nominated Sub-contractors, except
self-employed workers, engaged for the execution of the Works on the Site and includes those

Chapter 5 (Rev. 1) 406

 Project Administration Handbook for Civil Engineering Works 2012 Edition

drivers and lorry drivers who are not self-employed persons engaged for the Works. [for use
only when the Contract has not adopted the standard Special Conditions of Contract Clauses for
the prevention of non-payment of wages.]

Note 1 :- Amend as appropriate if “the date for commencement stated on the Works Order”

Go to Table of Content
as referred to in GCC 49(1) has been amended by SCC.

Note 2 :- Add a reference to any other adjustment that need to be excluded.

Note 3 :- State “the day before the last day of the Subsequent Period referred to in Special
Conditions of Contract Clause [U1]” as the date for completion on the Works
Order.

>>>
* Delete as appropriate.

Go to Table of Content
>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 407

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.61 SPECIAL CONDITIONS OF CONTRACT FOR PROVISION OF

UNIFORM FOR TERM CONTRACTS TO BE USED FOR
CONTRACTS WITH ANTICIPATED COMMENCEMENT DATE
AFTER 22 MAY 2013

SCC Clause U1 – Uniform and Associated Facilities*

(1) (a) Where the Engineer / Maintenance Surveyor* issues a Works Order

Go to Table of Content
for the execution of the works as specified in Particular Specification
Clauses X.1 to X.4, the Contractor shall provide the
Engineer/Maintenance Surveyor and his staff*, the Site Personnel
and self-employed workers engaged for the execution of the Works
of any Works Order on the Site (such self-employed workers are
hereinafter referred to in this Clause as “self-employed workers”)
with uniform items and ensure that the Site Personnel and
self-employed workers wear such uniform items when they are on the
Site and provide and maintain uniform changing facilities* in

>>>
accordance with the provisions of Particular Specification Clauses
X.1 to X.4.

Go to Table of Content
(b) The Contractor shall give at least 7 days advance notice to the
Engineer / Maintenance Surveyor* of the date on which the Site
Personnel and self-employed workers begin to wear the uniform
items approved by the Engineer / Maintenance Surveyor * in
accordance with Particular Specification Clause X.3 (such uniform
items are hereinafter referred to as “approved uniform items”) when
they are on the Site.

(2) Subject to sub-clauses (1) and (3) to (8) of this Clause, the Contractor shall be
entitled to the following parts of the lump sum for Schedule of Rates Item No.

>>>
[1/U/1] in respect of uniform for Site Personnel and self-employed workers
(such lump sum is hereinafter referred to in this Clause as “the lump sum”):

Go to Table of Conten
(a) 10% of the lump sum upon the Engineer / Maintenance Surveyor’s *
approval of the design of uniform items;

(b) 80% of the lump sum in instalments in respect of monthly instalment

periods falling within the period from the Material Date to the date of
expiry of the Contract Period (such period is hereinafter referred to in
this Clause as the “Initial Period”); and

(c) 10% of the lump sum in instalments in respect of monthly instalment

periods falling within the period from and including the day
following the date of expiry of the Contract Period to the date as
stated in the final / maintenance / defects liability* certificate issued
in accordance with General Conditions of Contract Clause 83/86*, on
which the Contractor shall have completed his obligation to execute
the Whole of the Works (such period is hereinafter referred to in this
Clause as the “Subsequent Period”).

Chapter 5 (Rev. 1) 408

 Project Administration Handbook for Civil Engineering Works 2012 Edition

(3) (a) The first monthly instalment period under sub-clause (2)(b) of this
Clause shall commence on the first day of the Initial Period. The
last monthly instalment period under sub-clause (2)(b) of this Clause
shall end on the date of the expiry of the Contract Period, and such
last monthly instalment period may be less than a month.

(b) The first monthly instalment period under sub-clause (2)(c) of this
Clause shall commence on the first day of the Subsequent Period.
The last monthly instalment period under sub-clause (2)(c) of this

Go to Table of Content
Clause shall end on the date as stated in the final / maintenance /
defects liability* certificate issued in accordance with General
Conditions of Contract Clause 83/86*, on which the Contractor shall
have completed his obligation to execute the Whole of the Works,
and such last monthly instalment period may be less than a month.

(4) Subject to sub-clause (5) of this Clause, the amount of the instalment for each
of the monthly instalment periods under sub-clauses 2(b) and 2(c) of this
Clause shall be calculated by dividing the stated percentage of the lump sum by
the number of monthly instalment periods under sub-clause 2(b) or 2(c) of this

>>>
Clause, as the case may be.

(5) (a) The amount of the instalment for each of the monthly instalment

Go to Table of Content
periods under sub-clauses 2(b) and 2(c) of this Clause shall be
adjusted by multiplying a Factor X according to the Non-compliance
Rate for Uniform as determined in accordance with Particular
Specification Clause X.4 for the monthly instalment period, as follows:

Non-compliance Rate for Uniform Factor X

Up to 5% 100%
more than 5% and up to 10% 95%
more than 10% and up to 20% 75%

>>>
more than 20% and up to 30% 60%
more than 30% 0%

Go to Table of Conten
(b) Without prejudice to the power of the Engineer under General
Conditions of Contract Clause 82 to delete, correct or modify any sum
previously certified by him, the Engineer shall calculate the difference
between the amount of each instalment under sub-clause (2)(b) or
(2)(c) of this Clause, as the case may be, and the adjusted amount of
such instalment (such difference is hereinafter referred to in this Clause
as “the said difference”), and the said difference shall not be payable
by the Employer to the Contractor. /Without prejudice to the power of
the Maintenance Surveyor under General Conditions of Contract
Clause 83 to make any correction or modification in any previous
certificate issued by him, the Maintenance Surveyor shall calculate the
difference between the amount of each instalment under sub-clause
(2)(b) or (2)(c) of this Clause, as the case may be, and the adjusted
amount of such instalment (such difference is hereinafter referred to in
this Clause as “the said difference”), and the said difference shall not
be payable by the Employer to the Contractor.*

Chapter 5 (Rev. 1) 409

 Project Administration Handbook for Civil Engineering Works 2012 Edition

(c) Any adjustment made under this sub-clause (5) shall not relieve the
Contractor from any liability to the Employer for damages, costs,
charges, expenses, debts, or other sums for which he is liable under
any provisions of the Contract save that the amount of such liability
shall be reduced by the amount of the said difference in respect of the
particular, relevant non-compliance.

(6) Sums payable in respect of Schedule of Rates Item No. [1/U/1] shall not be
subject to adjustment by any Contract Percentage.[see Note 2]

Go to Table of Content
(7) The date for completion for the Works Order for the execution of the works as
specified in Particular Specification Clauses X.1 to X.4 shall be the day before
the last day of the Subsequent Period [see Note 3]. Notwithstanding this,
during the Maintenance Period in respect of such Works Order the Contractor
shall provide the Engineer/Maintenance Surveyor and his staff*, the Site
Personnel and self-employed workers engaged for the execution of the Works
of any Works Order on the Site with uniform items and ensure that the Site
Personnel and self-employed workers wear such uniform items when they are
on the Site and provide and maintain uniform changing facilities* in

>>>
accordance with the provisions of Particular Specification Clauses X.1 to X.4.

(8) For the purposes of this Clause, “Material Date” means:

Go to Table of Content
(i) the date as notified by the Contractor in accordance with sub-clause
(1)(b) of this Clause if such date falls within the period of 2 months
after the date for commencement stated on the Works Order [see Note
1] for the execution of the works as specified in Particular
Specification Clauses X.1 to X.4; or

(ii) the date of expiry of 2 months after the date for commencement stated
on the Works Order [see Note 1] for the execution of the works as
specified in Particular Specification Clauses X.1 to X.4 (such date of

>>>
expiry is hereinafter referred to as “the said date of expiry”) if the
Contractor fails to give notice in accordance with sub-clause (1)(b) of
this Clause or if the date notified by the Contractor in accordance with

Go to Table of Conten
sub-clause (1)(b) of this Clause falls after the said date of expiry.

SCC U2 Intellectual Property Rights relating to uniform

(1) The Contractor warrants to the Employer that:

(a) the design (other than any logo specified by the Employer or the Engineer/Maintenance
Surveyor*), manufacture and supply of the uniform (hereinafter collectively referred to
in this Clause as “design of the uniform”) in accordance with Particular Specification
Clause X.3 does not and will not infringe any Intellectual Property Rights of any party;
and

(b) in respect of the design of the uniform including but not limited to the supply or use of
any materials or articles by the Contractor, the Intellectual Property Rights of which are
vested in a third party:

Chapter 5 (Rev. 1) 410

 Project Administration Handbook for Civil Engineering Works 2012 Edition

(i) the Contractor has or shall have obtained a valid and continuing licence under
which the Contractor is entitled to sub-license the third party Intellectual Property
Rights for himself and for the Employer, its authorized users, assigns and
successors-in-title; or

(ii) the Contractor has or shall have obtained the grant of all necessary clearances for
himself and for the Employer, its authorised users assigns and successors-in-title
prior to the supply or use of any materials or articles.

Go to Table of Content
(2) Without prejudice to General Conditions of Contract Clause 30, the Contractor shall
indemnify the Employer and keep the Employer fully and effectively indemnified against all
actions, costs, claims, demands, damages, expenses (including without limitation the fees and
disbursements of lawyers, agents and expert witnesses) and any awards and costs which may be
agreed to be paid in settlement of any proceedings (where the settlement has first been proposed
or approved in writing by/on behalf of the Contractor) and liabilities of whatsoever nature arising
out of or in connection with any allegation and/or claim that the design of the uniform, its
possession or use infringes any Intellectual Property Rights of any party.

(3) The provisions of this Clause shall survive the completion or termination of the

>>>
Contract or determination of the employment of the Contractor (howsoever occasioned) and shall
continue in full force and effect notwithstanding such completion, termination or determination.

Go to Table of Content
SCC U3 – Definition and Interpretation

General Conditions of Contract Clause 1(1) is amended by adding the following definition:

“Intellectual Property Rights” means patents, trade marks, service marks, trade names, design
rights, copyright, domain names, database rights, rights in know-how, new inventions, designs or
processes and other intellectual property rights of whatever nature and wheresoever arising,
whether now known or hereafter created, and in each case whether registered or unregistered and
including applications for grant of such rights.

>>>
“Site Personnel” means all workers and staff employed by the Contractor or his sub-contractors
of all tiers including specialist sub-contractors and Nominated Sub-contractors, except

Go to Table of Conten
self-employed workers, engaged for the execution of the Works on the Site and includes those
drivers and lorry drivers who are not self-employed persons engaged for the Works. [for use
only when the Contract has not adopted the standard Special Conditions of Contract Clauses for
the prevention of non-payment of wages.]

Note 1 :- Amend as appropriate if “the date for commencement stated on the Works Order”
as referred to in GCC 49(1) has been amended by SCC.
Note 2 :- Add a reference to any other adjustment that need to be excluded.
Note 3 :- State “the day before the last day of the Subsequent Period referred to in Special
Conditions of Contract Clause [U1]” as the date for completion on the Works
Order.
* Delete as appropriate.

Chapter 5 (Rev. 1) 411

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.62 PARTICULAR SPECIFICATION FOR UNIFORM AND

ASSOCIATED FACILITIES* FOR TERM CONTRACTS TO BE
USED FOR CONTRACTS TO BE TENDERED AFTER 22 MAY
2012

UNIFORM AND ASSOCIATED FACILITIES*

X.1 (1) Where the Engineer / Maintenance Surveyor* issues a Works Order

Go to Table of Content
Provision
for the execution of the works as specified in Particular
Specification Clauses X.1 to X.4 and subject to sub-clause (4) of this
Clause, the Contractor shall within 2 months after the date for
commencement stated on such Works Order provide Site
Personnel and self-employed workers engaged for the execution of
the Works of any Works Order on the Site (such self-employed
workers are hereinafter referred to in Particular Specification
Clauses X.1 to X.4 as “self-employed workers”) with uniform to
wear when they are on the Site. The Contractor shall provide the

>>>
uniform, including without limitation any replacement as required
under Clause X.2(3)*, to the Site Personnel and self-employed
workers, free of charge and free of any monetary deposit, either

Go to Table of Content
refundable or non-refundable, from the Site Personnel and
self-employed workers. The Contractor shall ensure that the Site
Personnel and self-employed workers begin to wear the uniform
when they are on the Site within 2 months after the date for
commencement stated on the Works Order for the execution of the
works as specified in Particular Specification Clauses X.1 to X.4,
and ensure that they wear the uniform when they are on the Site
until the expiry of the Subsequent Period as referred to in Special
Conditions of Contract Clause [U1](2)(c).

>>>
Version A ++ (2) The uniform provided to the Site Personnel and self-employed
workers shall consist of the following uniform items –

Go to Table of Conten
Uniform items for
Site Personnel and self-employed workers
(i) Safety helmet
(ii) Polo shirt or shirt (long sleeves and short
sleeves to suit weather) or vest

Chapter 5 (Rev. 1) 412

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Version B ++ (2) The uniform for Site Personnel and self-employed workers shall
consist of the following uniform items -

Uniform items for Site Personnel and

self-employed workers

Casual Workers as
Non Casual Workers defined in Clause XX 1

Go to Table of Content
and other personnel of the Particular
Specification

(i) Safety helmet (i) Safety helmet

(ii) Polo shirt for (ii) Vest
workers and polo
shirt or shirt for other
personnel (long
sleeves and short

>>>
sleeves to suit
weather)
(iii) Winter jacket

Go to Table of Content
(iv) Trousers

(3) The Contractor shall provide sufficient number of each of the

uniform items to each of the Site Personnel and self-employed
worker required to wear the uniform and the Contractor shall take
measures as far as practicable to ensure that the uniform items are
maintained in reasonably tidy and good conditions.

>>>
(4) The provision of uniform to and the wearing of uniform by Site
Personnel and self-employed workers as required under sub-clause
(1) of this Clause shall not apply to the following-

(i) personnel not involved in site work, such as office-based Go to Table of Conten
staff, drivers of transport for the use of the Engineer /
Maintenance Surveyor* and security guards; or
(ii) workers engaged in work requiring personal protective
equipment which, in the opinion of the
Engineer/Maintenance Surveyor*, renders the wearing of
uniform items unsuitable or impractical.

1
The Particular Specification clause relating to Payment of Wages of the Site Personnel defining the meaning
of “Casual Workers”. For contract that has not adopted the standard contract provisions for the prevention of
non-payment of wages, please define “Casual Workers” as those Site Personnel who are expected to work on
Site no more than an aggregated total of 7 working days throughout the duration of the Contract period.

Chapter 5 (Rev. 1) 413

 Project Administration Handbook for Civil Engineering Works 2012 Edition

# (5) The Contractor shall provide for the use of the

Engineer/Maintenance Surveyor* and his staff uniform in
accordance with Drawing No. XXXXX / Appendix XXXX to this
Particular Specification. Unless otherwise permitted by the
Engineer / Maintenance Surveyor* in writing, the details of such
uniform as specified in Drawing No. XXXXX / Appendix XXXX to
this Particular Specification* shall not be reproduced or used in any
way other than that stipulated in the Contract.

Go to Table of Content
[Note not forming part the specification : Details of the uniform
items for the Engineer/Maintenance Surveyor to be included by the
consultants.]

Version A ++ # (6) The uniform provided to the Engineer/Maintenance Surveyor* and

his staff shall consist of the following uniform items -

Uniform Items for the Engineer/Maintenance

Surveyor* and his staff

>>>
Uniform Items Total Number Required

Go to Table of Content
(i) Safety helmet XX

(ii) Shirt (long sleeves) XX

(iii) Shirt (short sleeves) XX
or
(ii) vestnote 1 XX

>>>
Version B ++ # (6) The uniform provided to the Engineer/Maintenance Surveyor* and
his staff shall consist of the following uniform items –

Go to Table of Conten
Uniform Items for the
Engineer/Architect/Supervising Officer/Surveyor *
and his staff

Uniform Items Total Number Required

(i) Safety helmet XX

(ii) Shirt (long sleeves XX
(iii) Shirt (short sleeves) XX
(iv) Winter jacket XX
(v) Trousers XX

Chapter 5 (Rev. 1) 414

 Project Administration Handbook for Civil Engineering Works 2012 Edition

# (7) The Contractor shall provide to the Engineer/Maintenance

Surveyor* and his staff the uniform items under sub-clauses (5) and
(6) of this Clause. The uniform items for the Engineer /
Maintenance Surveyor* and his staff shall be returned to the
Contractor on or before the date of issue of the
maintenance/final/defects liability* certificate in accordance with
General Conditions of Contract Clause 83/86*.

Maintenance X.2 (1) The Contractor shall provide and maintain in good and workable

Go to Table of Content
conditions sufficient uniform changing facilities on the Site at
location as shown on the Drawing. The Contractor may propose
for the approval of the Engineer / Maintenance Surveyor*
alternative location for the uniform changing facilities. The
uniform changing facilities shall enable Site Personnel and
self-employed workers to change their clothing in privacy. The
Contractor shall, within 14 days from the date for commencement
stated on the Works Order for the execution of the works as
specified in this Particular Specification Clauses X.1 to X.4, propose
the general layout of the uniform changing facilities for the approval

>>>
of the Engineer/Maintenance Surveyor* and make such facilities
available for use prior to the provision of uniform items to Site
Personnel and self-employed workers.

Go to Table of Content
[This sub-clause is needed only when a D2 or above officer
considers it appropriate and practical to provide uniform changing
facilities in the contract.]

Version B ++ (2) If the vest for the Casual Workers is to be shared among different
Casual Workers, the Contractor shall wash the vest and ensure that it
is in clean and good conditions each time before it is provided to
another Casual Worker.

>>>
(3) The Contractor shall replace as soon as practicable uniform items
provided to Site Personnel and self-employed workers that are
damaged, torn, worn, expired or lost.

Design X.3 (1) The Contractor shall within 7 days from the date for commencement Go to Table of Conten
stated on the Works Order for the execution of the works as
specified in this Particular Specification Clauses X.1 to X.4 submit
the design of the uniform items for Site Personnel and
self-employed workers to the Engineer/Maintenance Surveyor* for
his approval. In submitting the design to the Engineer /
Maintenance Surveyor* the Contractor may propose a standard
uniform design developed and adopted by the construction industry
that can be or has been used in other contracts provided the design
complies with the requirements of the Contract.

(2) The Engineer/Maintenance Surveyor* shall within 2 weeks after

receiving the design submitted by the Contractor in accordance with
sub-clause (1) of this Clause, either approve the design or provide
his comments on the design and specify a time within which the

Chapter 5 (Rev. 1) 415

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Contractor shall re-submit his design. The Engineer/Maintenance

Surveyor* shall within 1 week after receiving any design
re-submitted by the Contractor in accordance with this sub-clause,
either approve the design or provide his further comments on the
design and specify a time within which the Contractor shall
re-submit his design. The Contractor shall submit or re-submit, as
appropriate, his design within the time specified by the Engineer /
Maintenance Surveyor*.

Go to Table of Content
(3) The design of the uniforms for Site Personnel and self-employed
workers shall comply with the following requirements-
General
(i) All items shall have sufficient choices of sizes to reasonably
fit all personnel.
(ii) Clothing shall have no loose or dangling parts which can be
easily entangled by machineries.

>>>
Clothing
(iii) The fabric for clothing shall be suitable for the designed

Go to Table of Content
weather condition.
(iv) The fabric for polo shirt for workers shall be CVC fabric
(65% cotton and 35% polyester) with minimum weight of
200 grams per square metre (gsm) or of such fabric as
approved by the Engineer / Maintenance Surveyor* and
shall comply with the requirements in Appendix X.1 of the
Specification.
(v) Washable retroreflective strips or bands shall be

>>>
incorporated onto the polo shirts and winter jackets* for
workers. The layout of the retroreflective strips or bands
shall comply with BS EN 471.

Go to Table of Conten
(vi) The fabric for summer clothing should preferably be of light
color and be thin and absorbent to minimise heat absorption
and enhance heat and perspiration dissipation. Subject to
sub-clause (3)(ii) of this Clause, summer clothing shall be
loose-fitting to enhance perspiration dissipation.
(vii) A logo specified by the Employer or the
Engineer/Maintenance Surveyor* shall be integrated into
the design and be shown in reasonable size on the top right
front side of the uniform top. The Intellectual Property
Rights of the specified logo are owned by the Employer
and unless otherwise permitted by the Employer in writing,
the specified logo shall not be reproduced or used in any
way other than that stipulated under this Agreement. For
the avoidance of doubt, the Employer’s departmental logo
or the logo of the Engineer’s / Maintenance Surveyor’s*
organization shall not be shown on uniform items for Site

Chapter 5 (Rev. 1) 416

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Personnel and self-employed workers but the Contractor

may show the Contractor’s logo on the uniform items for
Site Personnel and self-employed workers.
(viii) For the uniform for workers, the Contractor shall provide
independent test certificates for the fabric used for the
uniform and for the sample garments to demonstrate to the
satisfaction of the Engineer / Maintenance Surveyor* their
compliance with the requirements in Appendix X.1 and

Go to Table of Content
Appendix X.2 of the Specification as appropriate. The
Contractor shall submit new independent test certificates
whenever there is a change in fabric or uniform supplier.
In any case, the Engineer / Maintenance Surveyor* may
order tests to be conducted in accordance with the
requirements in Appendix X.1 and Appendix X.2 of the
Specification for the fabric or garments. The expense and
costs of such tests shall be borne by the Contractor.

++ (ix) Trousers for workers shall be 100% cotton or of such fabric

>>>
Version B
as approved by the Engineer / Maintenance Surveyor* and
shall comply with the requirements in Appendix X.2 of
the Specification. Trousers shall have semi-elastic

Go to Table of Content
adjustable waist size with belt loops and at least two front
pockets and two back pockets. The horizontal dimension
of belt loops for trousers shall be at least 20mm wide.

Safety helmet
(x) Safety helmets shall comply with the “Guidance Notes on
the Selection, Use and Maintenance of Safety Helmets”
published by the Labour Department. Safety helmets

>>>
shall have detachable chin straps and nape strap adjustable
by adjustment wheel dial or ratchet knob system.
(xi) The Contractor shall propose the colour code of helmets for

Go to Table of Conten
the approval of the Engineer/Maintenance Surveyor*.
The safety helmet of the following three categories of Site
Personnel shall be of different colours –
• workers
• Contractor’s supervisory, technical and managerial
staff
• Engineer’s/Maintenance Surveyor’s* staff

(4) The Contractor shall, if instructed by the Engineer/Maintenance

Surveyor*, submit sample of the uniform items to the
Engineer/Maintenance Surveyor*.

Chapter 5 (Rev. 1) 417

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Auditing X.4 (1) The Engineer/Maintenance Surveyor* shall conduct at least one
audit with the Contractor in each monthly instalment period during
the Initial Period and Subsequent Period referred to in Special
Conditions of Contract Clause [U1](2)(b) and [U1](2)(c)
(hereinafter referred to as “monthly instalment period”) on the
wearing of uniform items by Site Personnel and self-employed
workers to determine the Non-compliance Rate for Uniform for the
monthly instalment period in which the audit is conducted for the
purpose of adjusting payment under Special Conditions of Contract

Go to Table of Content
Clause [U1].

(2) The audit shall not be conducted when, in the opinion of the
Engineer / Maintenance Surveyor*, Site Personnel and
self-employed workers may need to wear any protective clothing for
inclement weather which will cover or obscure the uniform. The
Engineer / Maintenance Surveyor* may choose to conduct more
than one audit with the Contractor in any monthly instalment period.
The Engineer / Maintenance Surveyor* shall select randomly the
date for each audit, and shall not notify the Contractor in advance

>>>
the date selected for the audit until the day of the audit. The
Engineer/Maintenance Surveyor* is entitled to select any part of any
Site and any number of Works Orders to be inspected for the audit.

Go to Table of Content
If the Contractor does not send a representative to witness the audit
when requested by the Engineer / Maintenance Surveyor*, the
Engineer/Maintenance Surveyor* may decide to conduct the audit
without the Contractor’s representative and the audit results of the
Engineer/Maintenance Surveyor* shall be taken as final and binding
on the Contractor.

(3) The Non-compliance Rate for Uniform for each audit shall be
determined as follows-

>>>
Total number of Site Personnel and self-employed
workers found not wearing all the uniform items
provided under Particular Specification Clause

Go to Table of Conten
X.1(2) during the audit
Total number of Site Personnel and self-employed
workers audited

expressed as a percentage.

(4) If more than one audit is conducted within any monthly instalment
period, the Non-compliance Rate for Uniform for such monthly
instalment period shall be the arithmetic mean of the
Non-compliance Rates for Uniform for all the audits conducted
within the same monthly instalment period.

Chapter 5 (Rev. 1) 418

 Project Administration Handbook for Civil Engineering Works 2012 Edition

(5) For the avoidance of doubt, the Site Personnel and self-employed
workers referred to in sub-clause (3) of this Clause shall be those
who were or should have been provided with the uniform items to
wear in accordance with Particular Specification Clause X.1.

Version A ++ (6) For the purpose of sub-clause (3) of this Clause and for the
avoidance of doubt, the Site Personnel and self-employed workers
are considered to be wearing all the uniform items if they wear all
the uniform items provided in accordance Particular Specification

Go to Table of Content
Clause X.1 as their outermost clothing.

Version B ++ (6) For the purpose of sub-clause (3) of this Clause and for the
avoidance of doubt, the Site Personnel and self-employed workers
are considered to be wearing all the uniform items if-

(i) subject to sub-clause (6)(ii) of this Clause, they wear all the
uniform items provided in accordance Particular Specification
Clause X.1 as their outermost clothing; and

>>>
(ii) for Non Casual Workers, they wear either the uniform item of
polo shirt/shirt or winter jacket or both in which case only one
of these uniform items shall be worn as the outermost

Go to Table of Content
clothing.

* Delete or modify as appropriate


Amend as appropriate if “the date for commencement stated on the Works Order” as referred to in
GCC Clause 49(1) has been amended by SCC.

>>>
# To be included in contracts where uniform for consultants’ site staff is required

++ Adopt version A for term maintenance contracts and adopt version B for capital works adopting

Go to Table of Conten
the General Conditions of Contract for Term Contracts.

Note 1 Contract drafter can amend the wording to suit the actual design of the uniform for the
Engineer/Maintenance Surveyor.

Chapter 5 (Rev. 1) 419

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Appendix X.1 of the Specification

Specification and Test Requirements for Knitted Items

Test Item項目 Test Method In Direct Contact With No Direct

測試方法 with Skin Contact with Skin
直接接觸皮膚 非直接接觸皮膚
PH值 AATCC81 4.0 - 7.5 4.0 - 9.0
(PH Value)

Go to Table of Content
甲醛含量(mg/kg) ISO14184 ≤ 75ppm ≤ 300ppm
(Formaldehyde Content) or GB/T
2912.1
可分解芳香胺染料 EN14362 Not Detected 禁用 Not Detected 禁用
(AZO Dyes)
異味 SNV 195 Odourless無異味 Odourless 無異味
Determination Of Odour 651 or
GB Test
Method 2

>>>
水洗尺寸變化率 直向 ISO5077 ≤ +/- 5% ≤ +/- 5%
(單面織物)(%) (Length) ISO6330 (Non-Garment (Non-Garment
(Dimensional 横向 (1st & 3rd washed) washed)

Go to Table of Content
Stability to (Width) washes) ≤ +/- 3% (Garment ≤ +/- 3% (Garment
Washing) washed) washed)
水洗後扭曲率(%) 上衣(Top) ISO16322 Top : ≤ 5% Top : ≤ 5%
(Spirality) 褲子 ISO6330 Bottom & one Bottom & one
(Pants) piece : ≤ 2.5% piece : ≤ 2.5%
耐洗色牢度(級) 變色 ISO105-C06
(Colour Fastness to (Colour ≥4 ≥4
Washing) Change)
沾色

>>>
(Colour ≥ 3-4 ≥ 3-4
Staining)
自身沾色 ≥ 4 (contrast colour)

Go to Table of Conten
(Crossing
Staining)
耐摩擦色牢度(級) 乾(Dry) ISO105-X12 ≥4 ≥4
(Colour Fastness to
Rubbing) 濕(Wet) ≥3 ≥3

耐汗漬色牢度(級) 變色 ISO105-E04
(Colour Fastness to (Colour ≥4 ≥4
Perspiration) Change)
-酸(Acid) & 鹼 沾色
(Alkaline) (Colour ≥ 3-4 ≥ 3-4
Staining)

Chapter 5 (Rev. 1) 420

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Test Item項目 Test Method In Direct Contact With No Direct

測試方法 with Skin Contact with Skin
直接接觸皮膚 非直接接觸皮膚
塗料印花耐洗色 變色 ISO105-C06
牢度(級) (Colour (For ≥ 3-4 ≥ 3-4
(Colour Fastness to Change) Pigment)
Washing(Pigment)) 沾色
(Colour ≥3 ≥3
Staining)

Go to Table of Content
塗料印花耐摩擦 乾(Dry) ISO105-C07 ≥ 3-4 3-4
牢度(級) 濕(Wet) (For ≥ 2-3 2-3
(Colour Fastness to Pigment)
Rubbing(Pigment))
耐光色牢度(級) ISO105-B02 ≥4 ≥4
(Colour Fastness to Light)

>>>
耐水色牢度(級) 變色 ISO105-E01
(Colour Fastness to (Colour ≥4 ≥4
Water) Change)

Go to Table of Content
沾色
(Colour ≥ 3-4 ≥ 3-4
Staining)
洗水後外觀 Visual 1st & 3rd washes 1st & 3rd washes
Appearance after Wash Assessment No undesirable No undesirable
(including retroreflective strips effect effect
and logo)

彈子頂破强力(N) 單面 ASTM Fabric : ≥ 40 lb/sq. Fabric : ≥ 40 lb/sq.

>>>
(Ball Bursting (Single) D3786 in ; in ;
Strength) Seam : ≥ 35 lb/sq. Seam : ≥ 35 lb/sq. in
in

Go to Table of Conten
雙面、絨
類
(Double、
Fleece)
起球(級) Please refer Note A ASTM ≥ 3-4 ≥ 3-4
(Pilling Resistance as Received) D3512

Note A - 全棉、剪毛、絲絨、磨毛、起絨類產品不須測試起球. (Pilling test is not required

for 100% cotton, velour, peached, brushed fabric)

Chapter 5 (Rev. 1) 421

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Appendix X.2 of the Specification

Specification and Test Requirements for Woven Items

Test Items 項目 Test Method In Direct Contact With No Direct

測試方法 with Skin Contact with Skin
直接接觸皮膚 非直接接觸皮膚
PH值 AATCC81 4.0 - 7.5 4.0 - 9.0
(PH Value)

Go to Table of Content
甲醛含量(mg/kg) ISO14184 or ≤ 75ppm ≤ 300ppm
(Formaldehyde Content) GB/T 2912.1
異味 SNV 195 651 Odourless 無異味 Odourless 無異味
Determination of Odour or
GB 18401
可分解芳香胺染料 EN14362 Not Detected Not Detected
(AZO Dyes)
水洗尺寸變化率 領(Collar) ISO5077 ≤ +/-3% ≤ +/-3%
(%) refer Note A ISO6330

>>>
(Dimensional 胸圍 (1st & 3rd washes) (1st & 3rd washes)
Stability to (Chest)
Washing)

Go to Table of Content
衣長(Top
Length)
腰圍
(Waist)
褲長
(Skirts/Pan
ts Length)
耐洗色牢度(面 變色 ISO105-C06 ≥4 ≥4
料)(級) (Colour

>>>
Change)
(Colour Fastness 沾色 ≥3 ≥3
to Washing(Shell)) (Colour

Go to Table of Conten
Staining)
耐洗色牢度(里 變色 ISO105-C06 ≥ 3-4 ≥ 3-4
料)(級) (Colour
(Colour Fastness Change)
to ≥3 ≥3
Washing(Lining)) 沾色
(Colour
Staining)
耐摩擦色牢度(面 乾(Dry) ISO105-X12 ≥4 ≥4
料)(級)
(Colour Fastness 濕(Wet) ≥3 ≥3
to Rubbing(Shell))

Chapter 5 (Rev. 1) 422

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Test Items 項目 Test Method In Direct Contact With No Direct

測試方法 with Skin Contact with Skin
直接接觸皮膚 非直接接觸皮膚
耐摩擦色牢度(里 乾(Dry) ISO105-X12 ≥4 ≥4
料)(級)
(Colour Fastness 濕(Wet) ≥3 ≥3
to
Rubbing(Lining))
ISO105-E04 ≥4 ≥4

Go to Table of Content
耐汗漬色牢度 變色
(面、里料)(級) (Colour
Change)
(Colour Fastness 沾色 ≥ 3-4 ≥ 3-4
to Perspiration (Colour
(Shell & Lining)) - Staining)
酸(Acid) & 鹼
(Alkaline)
耐光色牢度(面料)(級) AATCC16E ≥4 ≥4
(Colour Fastness to Light(Shell)) (20 hrs) /

>>>
ISO105-B02
(20 hrs)
耐水色牢度((面、 變色 ISO105-E01 ≥4 ≥4

Go to Table of Content
里料)(級) (Colour
Change)
(Colour Fastness 沾色 ≥ 3-4 ≥ 3-4
to (Colour
Water(Shell&Lini Staining)
ng))
洗水後外觀 Visual 1st & 3 rd washes 1st & 3 rd washes
Appearance after Wash Assessment (no undesirable (no undesirable
effect) effect)

>>>
耐磨性能 ASTM 10,000 rubs for light weight fabric :
Abrasion D4966 below 150g
20,000 rubs for medium weight fabric :

Go to Table of Conten
150g - 250g
30,000 rubs for heavy weight fabric :
over 250g
起毛起球性能(級) ASTM ≥ 3-4 ≥ 3-4
(Pilling Resistance as Received) D3512

Note A - 只測試立領 (Tested on Stand Collar)

Chapter 5 (Rev. 1) 423

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.63 METHOD OF MEASUREMENT FOR PROVISION OF

UNIFORM (FOR TERM CONTRACTS)

Method of Measurement (for term contracts)#

1U.01 The rate inserted against an item of work and service in the
Schedules of Rates shall be deemed to be the full inclusive value
of executing, completing, maintaining and/or supplying such

Go to Table of Content
item of work and service including any incidental work and
service thereto. The expression “incidental work and service”
includes, but is not limited to, the carrying out of all work and
services and complying with all obligations which are specified
or reasonably implied in the Contract and which are related to,
arise out of or are connected with the item of work as described
in its headings, subheadings, item description and item coverage.
The rates inserted against the items of work and service in the
Schedules of Rates shall include, but are not limited to, the

>>>
following:
(i) provision of labour and costs in connection therewith;
(ii) provision of plant and costs in connection therewith;

Go to Table of Content
(iii) the supply, transportation, handling and storage of
materials and goods;
(iv) multiple handling of any kind;
(v) sampling and testing and costs in connection therewith;
(vi) assembling, fixing, erecting, installing or placing of
materials and goods in position;
(vii) preparation of surfaces and other preparatory work for
follow-on activities;
(viii) temporary protection and its subsequent removal;
(ix) Temporary Works, including design; and independent

>>>
checking thereof as required;
(x) notifying, making arrangements and liaising with all
relevant Government Departments, authorities or other

Go to Table of Conten
interested parties to obtain and maintain all licences
and permits necessary for the execution of the Works,
and costs in connection therewith including the costs of
complying with the terms and conditions of the
licences and permits;
(xi) liabilities, obligations and risks involved in the
execution of the Works set forth or reasonably implied
in the Contract;
(xii) establishment charges, overheads and profit.

Chapter 5 (Rev. 1) 424

 Project Administration Handbook for Civil Engineering Works 2012 Edition

UNIFORM AND ASSOCIATED FACILITIES*

1U.02 The pre-fixed rate for item of uniform for Site Personnel and
self-employed workers shall be deemed to allow for the value of
work related to the item and for meeting all other related
obligations, liabilities, risks and profit. In the event that the
pre-fixed rate has been insufficient or where there are any aspects
where the methods provided hereunder do not measure any item
or exclude the measurement of any item or part thereof, the

Go to Table of Content
difference in value shall be deemed to have been included in the
rates elsewhere in the Schedules of Rates.

Units 1U.03 The unit of measurement shall be:

(i) uniform for Site Personnel and self-employed

workers ................................................... item
(ii) Uniform changing facilities + ................ item

>>>
Itemisation 1U.04 Separate items shall be provided for uniform for Site Personnel
and self-employed workers, uniform changing facilities, uniform
washing facilities and uniform drying facilities in accordance

Go to Table of Content
with [insert the relevant provisions of the General Principles
stipulating the general requirement of itemisation] and the
following:

Group Feature

I 1. Uniform for Site Personnel and

>>>
self-employed workers
2. Uniform changing facilities +

Go to Table of Conten

Chapter 5 (Rev. 1) 425

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Uniform for Site 1U.05 The items for uniform for Site Personnel and self-employed
Personnel and workers shall, in accordance with [insert the relevant provisions of
self-employed workers the General Preambles stipulating the general requirement of item
coverage], include for:

Item coverage (a) design, provision, maintenance, and removal of

uniform for Site Personnel and self-employed workers;

Go to Table of Content
(b) preparing, amending as necessary, and submitting to
the Engineer/Maintenance Surveyor* for approval,
details of and drawings showing the design of the
uniform items;
(c) samples and testing thereof;
(d) replacement of uniform items;
(e) credit value of the uniform items when returned and
removed;

>>>
(f) joint audit on the wearing of uniform items.

Go to Table of Content
Uniform changing 1U.06 The items for uniform changing facilities shall, in accordance with
facilities + [insert the relevant provisions of the General Preambles
stipulating the general requirement of item coverage], include for:

Item coverage (a) design, provision, maintenance and removal of

uniform changing facilities;
(b) erection, servicing and removal of everything required
by the Contractor, including sheds, stores, workman’s
accommodation and the like for the uniform changing

>>>
facilities;
(c) reinstatement of the sites occupied by the uniform

Go to Table of Conten
changing facilities;
(d) providing the Engineer / Maintenance Surveyor* with
all calculations, documents and drawings required for
the design of uniform changing facilities;
(e) samples and testing thereof and testing of the facilities
provided by the Contractor.

Chapter 5 (Rev. 1) 426

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Note : If the provision of uniform for the Engineer / Maintenance Surveyor and his staff is
required under PS Clause X.1(5), the following item coverage should be added to a relevant
item such as the provision of supplies and equipment etc. for the Engineer / Maintenance
Surveyor-

(a) provision and removal of uniform for the Engineer / Maintenance

Go to Table of Content
Surveyor* and his staff;

(b) samples and testing thereof;

(c) credit value of the uniform items when returned and removed;

# As there is no standard Method of Measurement for term contracts, the provisions in this
Schedule only serve as a sample only. Works departments may devise their own method of

>>>
measurement provisions.

Go to Table of Content
+ Delete as appropriate to suit the facilities, if any, specified in PS Clauses X.2.

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 427

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.64 SCHEDULE OF RATES FOR PROVISION OF UNIFORM

Schedule of Rates (see note 1)

Schedule of Rates for Uniform

Item Description Unit Schedule Rate $

Go to Table of Content
No.

Uniform

1/U/1 Uniform for Site Personnel and self-employed item [see note 2]
workers

>>>
Go to Table of Content
Note 1 This should be a separate Schedule of Rates that is not subject to any Contract Percentage
adjustment or other similar adjustment to be made by the Tenderer

>>>
Note 2 The rate shall be pre-priced making reference to the “Implementation Guidelines”

Go to Table of Conten

Chapter 5 (Rev. 1) 428

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Schedule of Rates

SECTION 1 - PRELIMINARIES

Item Description Unit Schedule Rate $

No.

Uniform associated facilities

Go to Table of Content
1/U/2# Uniform changing facilities item

>>>
Go to Table of Content
# delete where the item is not required under PS Clause X.2

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 429

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.65 APPENDIX TO FORM OF TENDER FOR PROVISION OF

UNIFORM (FOR TERM CONTRACTS)

Appendix to Form of Tender (for term contracts)

GCC1(1) Maintenance Period for works relating to 1 day

Go to Table of Content
uniform and associated facilities*

>>>
Go to Table of Content
* Delete as appropriate

>>>
Go to Table of Conten

Chapter 5 (Rev. 1) 430

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.66 IMPLEMENTATION GUIDELINES FOR PROVISION OF

UNIFORM

Implementation Guidelines

INTRODUCTION

Go to Table of Content
1. These guidelines provide information and guidance on implementing the site uniform
initiative at the pre-contract stage. They should be read in conjunction with the memo
promulgating the initiative and the associated contract provisions.

PRE-CONTRACT STAGE

Provision of Uniform Changing Facilities

>>>
2. Uniform changing facilities are by default not required to be specified in the Contract
because it is anticipated in many cases, there will be space and site constraints that may

Go to Table of Content
render the provision of such facilities not practicable. However, such facilities are
highly welcome if it is practicable to provide them on site. Project officers should, at
the project planning stage, critically assess the availability of space on the Site and the
practicality for such facilities to be included in the Contract and if considered suitable,
project officers should seek the approval of a D2 or above officer to include uniform
changing facilities in the Contract. The location of the proposed uniform changing
facilities should be shown on the Drawing but the Contractor may propose alternative

>>>
locations for the approval of the Engineer / Architect / Supervising Officer /
Maintenance Surveyor.

Uniform for Resident Site Staff (RSS) Go to Table of Conten

3. For Contracts supervised by Consultants under Consultancy Agreements in which the

need for RSS to wear uniform is included in the Brief, the Consultants should specify
the design and technical requirements of the uniform in the tender documents. The
Construction Industry Logo should also be incorporated into the RSS uniform design
and be shown in reasonable size on the top right front side of the uniform top. The
number of each of the RSS uniform items required should also be specified in the
Contract. As the Contractor is required to only provide the RSS uniform items
specified in the Contract and is not responsible for replacing the uniform for wear and
tear or for possible losses, the Consultants should specify adequate number of uniform
items in the Contract taking account of the size of the RSS establishment, possible staff

Chapter 5 (Rev. 1) 431

 Project Administration Handbook for Civil Engineering Works 2012 Edition

turnover and wear and tear of uniform.

Estimating the Rate of the Pre-priced Item

4. The pre-priced lump sum rate is estimated making reference to the “Methodology for
Estimating the Rate of the Pre-priced Item for Provision of Uniform for Site Personnel
and Self-employed Workers” for internal reference at Enclosure 1 to Annex F of

Go to Table of Content
SDEV’s memo ref. DEVB(Trg) 133/3(7) dated 11.5.2011, which can be downloaded
from Works Group Intranet at http://portal.etwgi.etwb.hksarg/.

Do’s and Don’ts

Do’s
 Do critically assess the availability of space and practicality for including

>>>
uniform changing facilities in the Contract and seek the approval of a D2 or
above officer for such inclusion.

Go to Table of Content
 Do consider the RSS establishment, possible staff turnover and wear and tear
when specifying the number of uniform items for the RSS in the Contract.

Note: The full Implementation Guidelines covering both the pre-contract stage and the

>>>
construction stage are available at Annex F of SDEV’s memo ref. DEVB(Trg) 133/3(7) dated
11.5.2011, which can be downloaded from Works Group Intranet at
http://portal.etwgi.etwb.hksarg/.

Go to Table of Conten

Chapter 5 (Rev. 1) 432

 Project Administration Handbook for Civil Engineering Works 2012 Edition

APPENDIX 5.67 CONTRACT PROVISIONS TO MANDATE CONTRACTOR’S

PARTICIPATION IN THE CONTRACTOR COOPERATIVE
TRAINING SCHEME (CCTS)

Notes to Tenderers

Tenderers’ attention is drawn to Special Conditions of Contract Clause [X] requiring the
Contractor to participate in the Contractor Cooperative Training Scheme (CCTS)
administered by the Construction Industry Council Training Academy of the Construction

Go to Table of Content
Industry Council (CICTA). The Contractor shall employ and/or procure one or more of his
first-tier sub-contractors to employ a total of at least the minimum number of CCTS Trainees
and provide them with on-the-job training all as required under Special Conditions of
Contract Clause [X]. The training of the CCTS Trainees shall be commenced within 3
months from the date for commencement of the Works / date for commencement of
construction of the Works / date for commencement of the Contract Period*. Tenderers’
attention is also drawn to the need to submit the CCTS training proposals to the CICTA for
approval by the relevant authority under the CCTS. Tenderers are advised to contact the
CICTA to obtain details (including any financial arrangement) of the CCTS and the CCTS
trades referred to in sub-clause (1)(b) of Special Conditions of Contract Clause [X] that may

>>>
be prescribed by the CICTA under the CCTS.

Tenderers’ attention is also drawn to sub-clause (5) of Special Conditions of Contract Clause

Go to Table of Content
[X] regarding the employment of CCTS Graduates.

Special Conditions of Contract 1

SCC Clause [X] – Contractor Cooperative Training Scheme

(1) (a) The Contractor shall join the Contractor Cooperative Training Scheme
(hereinafter referred to in this Clause as “CCTS”) administered by the
Construction Industry Council Training Academy of the Construction
Industry Council (hereinafter referred to in this Clause as “CICTA”)

>>>
and subject to sub-clause (7) of this Clause the Contractor shall employ
and/or procure one or more of his first-tier sub-contractors to employ a
total of at least [XX(see Note 1)] trainees to undergo CCTS training under

Go to Table of Conten
the Contract. The Contractor shall provide and complete and/or, as
the case may be, procure his first-tier sub-contractor(s) to provide and
complete on-the-job training for each of such trainees in a CCTS trade
in accordance with the approved CCTS training proposal referred to in
sub-clause (3) of this Clause. Each of such trainees is hereinafter
referred to in this Clause as “CCTS Trainee”.

(b) For the purposes of this Clause the following words and expressions
shall, except when the context otherwise requires, have the meaning
hereby assigned to them:

(i) “CCTS trade” means a trade prescribed by the relevant authority

under the CCTS or a trade proposed by the Contractor and

1
This SCC is to be used in contracts (except E&M contracts) with the standard SCC for Payment of
Wages of Site Personnel incorporated.

Chapter 5 (Rev. 1) 433

 Project Administration Handbook for Civil Engineering Works 2012 Edition

approved by such authority.

(ii) “first-tier sub-contractor” means a first-tier sub-contractor

executing any part of the Works or supplying any materials or
services for the Works.

(iii) “change to the CCTS terms and conditions” means any addition
or amendment to the CCTS terms and conditions made on or after
the date 10 days prior to the tender closing date.

Go to Table of Content
(2) The Contractor shall commence and/or, as the case may be, procure his
first-tier sub-contractor(s) to commence the training of the CCTS Trainees
within 3 months from the date for commencement of the Works / date for
commencement of construction of the Works* (see note 2) as notified by the
Engineer / Architect / Supervising Officer* in accordance with General
Conditions of Contract Clause 47 (hereinafter referred to in this Clause as
“the 3-month period”). The training of the CCTS Trainees shall only
commence after the relevant CCTS training proposal referred to in sub-clause
(3) of this Clause is approved by the relevant authority under the CCTS. If

>>>
the Contractor is unable to commence and/or, as the case may be, procure his
first-tier sub-contractor(s) to commence the training of the CCTS Trainees
within the 3-month period for a reason beyond the reasonable control of the

Go to Table of Content
Contractor, the Contractor shall seek the approval of the Engineer / Architect /
Supervising Officer* to defer the commencement of the training. [Note : for
use by contracts using the General Conditions of Contract for Civil
Engineering Works / Building Works / Design and Build Contracts]

(2) The Contractor shall commence and/or, as the case may be, procure his
first-tier sub-contractor(s) to commence the training of the CCTS Trainees
within 3 months from the date for commencement of the Contract Period as
notified by the Engineer / Maintenance Surveyor*(see note 3) (hereinafter referred
to in this Clause as “the 3-month period”). The training of the CCTS

>>>
Trainees shall only commence after the relevant CCTS training proposal
referred to in sub-clause (3) of this Clause is approved by the relevant
authority under the CCTS and such training shall be in accordance with the

Go to Table of Conten
approved CCTS training proposal. If the Contractor is unable to commence
and/or, as the case may be, procure his first-tier sub-contractor(s) to
commence the training of the CCTS Trainees within the 3-month period for a
reason beyond the reasonable control of the Contractor, the Contractor shall
seek the approval of the Engineer / Maintenance Surveyor* to defer the
commencement of the training. [Note : for use by contracts using the
General Conditions of Contract for Term Contracts for Civil Engineering
Works / Building Works.]

(3) The Contractor shall submit to the CICTA for approval by the relevant
authority under the CCTS a CCTS training proposal for the CCTS trade, or
where there is more than one CCTS trade, for each of the CCTS trades, and
copy the submission to the Engineer / Architect / Supervising Officer /
Maintenance Surveyor*. The submission of the CCTS training proposal
shall be in accordance with the CCTS terms and conditions and, subject to the
CCTS terms and conditions and any requirements as may be specified by the

Chapter 5 (Rev. 1) 434

 Project Administration Handbook for Civil Engineering Works 2012 Edition

relevant authority under the CCTS, shall include, but not limited to,
information on the number of proposed CCTS Trainees, details of any
proposed secondment arrangement referred to in sub-clause (8) of this Clause,
training period, course contents and syllabus, end-of-training assessment, cost
of training, training subsidy being applied for, training instructors, equipment
and plant and training venue, re-training of trainees failing the assessment,
and replenishment of drop-out trainees as appropriate.

(4) The Contractor shall supervise and monitor the training provided to the CCTS

Go to Table of Content
Trainees, whether the CCTS Trainees are employed by the Contractor or his
first-tier sub-contractor(s), and ensure that the training provided is in
accordance with the relevant approved CCTS training proposal referred to in
sub-clause (3) of this Clause. The Contractor shall comply with the terms
and conditions of the CCTS and any additions or amendments thereto which
are applicable to the relevant approved CCTS training proposal and shall
ensure that his first-tier sub-contractor(s) will comply with the same as
appropriate.

(5) (a) For the purposes of this Clause, the training of a CCTS Trainee in a

>>>
CCTS trade is completed when the CCTS Trainee has passed the
end-of-training assessment applicable to the CCTS trade conducted or
approved by the CICTA.

Go to Table of Content
(b) Upon completion of the training of a CCTS Trainee in a CCTS trade (a
CCTS Trainee whose training in a CCTS trade is completed is
hereinafter referred to in this Clause as “CCTS Graduate”), the
Contractor shall, subject to sub-clause (5)(c) of this Clause and the
agreement of the CCTS Graduate to be employed in accordance with
this sub-clause, immediately continue to employ or, as the case may
be, procure his relevant first-tier sub-contractor to immediately
continue to employ the CCTS Graduate for at least 12 months
(hereinafter referred to in this Clause as “the 12-month period”) to

>>>
work in the CCTS trade in which he was trained under the CCTS.
During the 12-month period, the Contractor shall pay or, as the case
may be, procure his relevant first-tier sub-contractor to pay the CCTS

Go to Table of Conten
Graduate a wage of no less than the higher of the following:

(i) HK$10,000 per month for the first 6 months and then a wage of no
less than HK$15,000 per month thereafter; or

(ii) the minimum wage as provided in the Minimum Wage Ordinance

(Cap. 608).

(c) If the Contractor or his relevant first-tier sub-contractor, as the case

may be, is unable to continue to employ the CCTS Graduate for at least
12 months as required under sub-clause (5)(b) of this Clause for any of
the reasons listed below in this sub-clause (5)(c), the Contractor or his
relevant first-tier sub-contractor, as the case may be, may decide not to
employ the CCTS Graduate, or may shorten the employment period of
the CCTS Graduate -

Chapter 5 (Rev. 1) 435

 Project Administration Handbook for Civil Engineering Works 2012 Edition

(i) in the case where the CCTS Graduate was employed as a CCTS
Trainee by the Contractor, after completion of his training there is
no work or insufficient work under the Contract and all other
contracts of the Contractor in the CCTS trade in which the CCTS
Graduate was trained under the CCTS; or

(ii) in the case where the CCTS Graduate was employed as a CCTS
Trainee by the Contractor’s relevant first-tier sub-contractor, after
completion of his training there is no work or insufficient work

Go to Table of Content
under all contracts between the Contractor and the relevant
first-tier sub-contractor in the CCTS trade for which the CCTS
Graduate was trained under the CCTS; or

(iii) the CCTS Graduate resigns on his own accord; or

(iv) the CCTS Graduate is incapacitated by physical or mental illness

or is otherwise unable or unfit to discharge the duties of a CCTS
Graduate; or

>>>
(v) the CCTS Graduate has committed any act for which the
Contractor or his relevant first-tier sub-contractor, as the case may
be, is entitled to terminate the employment contract without notice

Go to Table of Content
or payment in lieu under the law.

(6) (a) The Contractor shall register with the CICTA the names of the CCTS
Trainees, contract number and title of the Contract under which the
CCTS Trainees work. The Contractor shall submit a certified true
copy of the written employment contract of each CCTS Trainee to the
CICTA and the Engineer / Architect / Supervising Officer /
Maintenance Surveyor*. No CCTS Trainee shall be registered more
than once at any one time. The Contractor shall also submit a
certified true copy of the written employment contract of each CCTS

>>>
Graduate employed to work under the Contract (hereinafter referred to
in this Clause as “employed CCTS Graduate”) to the Engineer /

Go to Table of Conten
Architect / Supervising Officer / Maintenance Surveyor*.

(b) Notwithstanding Special Conditions of Contract Clause SCC[zz] 2, the

“Notes about Personal Data” in the Specimen Employment Contract in
Appendix [#] to the Special Conditions of Contract 3 shall be replaced
by the “Notes about Personal Data” in Appendix [xx] to Special
Conditions of Contract as far as the terms of the employment contract
of the CCTS Trainees and employed CCTS Graduates are concerned.

(7) (a) If the employment of a CCTS Trainee is terminated prior to the

completion of the training, the Contractor shall, within one month after
such termination, replace or procure a first-tier sub-contractor to
replace the CCTS Trainee with a new CCTS Trainee in accordance

2
This refers to the Special Conditions of Contract Clause for Payment of Wages of Site Personnel.
3
This refers to the Specimen Employment Contract referred to in the Special Conditions of Contract
for Payment of Wages of Site Personnel.

Chapter 5 (Rev. 1) 436

 Project Administration Handbook for Civil Engineering Works 2012 Edition

with this Clause unless the total number of CCTS Graduates and the
remaining number of CCTS Trainees who are undergoing training is
not less than the minimum total number of CCTS Trainees required to
be employed to undergo CCTS training under the Contract. If the
Contractor is unable to replace or to procure a first-tier sub-contractor
to replace the CCTS Trainee with a new CCTS Trainee within one
month after the said termination, the Contractor shall use and continue
to use or, as the case may be, procure a first-tier sub-contractor to use
and continue to use reasonable endeavours to replace the CCTS

Go to Table of Content
Trainee until the CCTS Trainee has been replaced. The Contractor
shall upon request from time to time by the Engineer / Architect /
Supervising Officer / Maintenance Surveyor* demonstrate to the
satisfaction of the Engineer / Architect / Supervising Officer /
Maintenance Surveyor* that he or, as the case may be, a first-tier
sub-contractor, has used reasonable endeavours to replace the CCTS
Trainee.

(b) For the purpose of complying with sub-clause (1)(a) of this Clause
with respect to the minimum total number of CCTS Trainees required

>>>
to be employed to undergo CCTS training under the Contract, the
CCTS Trainee whose employment is terminated prior to the
completion of the training shall not be counted towards the total

Go to Table of Content
number of CCTS Trainees employed to undergo CCTS training under
the Contract.

(c) Sub-clauses (7)(a) and (7)(b) of this Clause shall not apply if, in the
opinion of the Engineer / Architect / Supervising Officer*, the
termination of employment of the CCTS Trainee is effected on or after
the day 7 months prior to the anticipated date of completion of the
Works, or where the Works are divided into Sections, the anticipated
date of completion of the Section last completed as determined by the
Engineer / Architect / Supervising Officer*. For the purpose of this

>>>
sub-clause (7)(c), “Section last completed” excludes the Section for
Establishment Works and the Section for Aftercare to Old Valuable

Go to Table of Conten
Trees / the Section for Establishment Works and Aftercare to Old and
Valuable Trees*. [Note : for use by contracts using the General
Conditions of Contract for Civil Engineering Works / Building Works /
Design and Build Contract]

(c) Sub-clauses (7)(a) and (7)(b) of this Clause shall not apply if, in the
opinion of the Engineer / Maintenance Surveyor*, the termination of
employment of the CCTS Trainee is effected on or after the day 7
months prior to the expiry of the Contract Period. [Note : for use by
contracts using the General Conditions of Contract for Term Contracts
for Civil Engineering Works / Building Works.]

(8) (a) Subject to sub-clause (8)(b) of this Clause, the Contractor or his
first-tier sub-contractor(s), as the case may be, may second any CCTS
Trainee or employed CCTS Graduate to work under another contract in
Hong Kong, whether it is a public works contract or not (hereinafter
referred to as “Seconded Contract”). The work of the CCTS Trainee or

Chapter 5 (Rev. 1) 437

 Project Administration Handbook for Civil Engineering Works 2012 Edition

employed CCTS Graduate in the Seconded Contract shall be in the

same CCTS trade in which the seconded CCTS Trainee is or the
employed CCTS Graduate was trained under the CCTS.

Provided that:

(i) the main contractor of the Seconded Contract shall be the

Contractor; or

Go to Table of Content
(ii) if the main contractor of the Seconded Contract is a joint venture,
one of the participants or shareholders of the main contractor of
the Seconded Contract shall be the Contractor; or

(iii) if the Contractor is a joint venture, one of the participants or

shareholders of the Contractor shall be the main contractor of the
Seconded Contract; or

(iv) if the Contractor is a joint venture and the main contractor of the
Seconded Contract is another joint venture, one of the participants

>>>
or shareholders of the Contractor is a participant or shareholder of
the main contractor of the Seconded Contract;

Go to Table of Content
and if the CCTS Trainee or employed CCTS Graduate has been
employed by the Contractor’s first-tier sub-contractor, this
sub-contractor shall, unless otherwise agreed by the Engineer /
Architect / Supervising Officer / Maintenance Surveyor*, also be a
first-tier sub-contractor of the main contractor of the Seconded
Contract during the period of secondment.

(b) The secondment of a CCTS Trainee shall be subject to the approval of

the CICTA or the relevant authority under the CCTS in accordance
with the CCTS terms and conditions. The Contractor shall notify the

>>>
CICTA through the CCTS training proposal for the CCTS trade or in
writing within the time specified by the CICTA prior to the
secondment the details as required by CICTA in accordance with the

Go to Table of Conten
CCTS terms and conditions of the secondment and shall, subject to any
requirement which may be specified by the CICTA or the relevant
authority under the CCTS, include, but not limited to, the contract
number, the title of the Seconded Contract, the location at which the
seconded CCTS Trainee will work, the nature of his work and the
anticipated period of secondment. The Contractor shall at the same
time send a copy of his aforesaid notification to the Engineer /
Architect / Supervising Officer / Maintenance Surveyor* and provide
any other details of the secondment as may be required by the
Engineer / Architect / Supervising Officer / Maintenance Surveyor*.

(c) A CCTS Trainee seconded pursuant to this sub-clause (8) shall only be
counted towards the total number of CCTS Trainees employed to
undergo CCTS training under the Contract but not under the Seconded
Contract. For the avoidance of doubt, a trainee employed to undergo
CCTS training under another contract and seconded to work under the

Chapter 5 (Rev. 1) 438

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Contract shall not be counted towards the total number of CCTS

Trainees employed to undergo CCTS training under the Contract.

(9) For the avoidance of doubt, sub-clauses (1) and (7)/(8)* 4 of the Special
Conditions of Contract Clause SCC[zz] and sub-clauses X.1(1), X.2(1),
X.2(2), X.2(4) and X.5 of the Particular Specification “Section X” on
“Payment of Wages of Site Personnel” shall apply to the CCTS Trainees and
employed CCTS Graduates who have been seconded to work under
Seconded Contracts pursuant to sub-clause (8) of this Clause.

Go to Table of Content
(10) The Contractor shall notify the Engineer / Architect / Supervising Officer /
Maintenance Surveyor* in writing of any change in the employment terms of
a CCTS Trainee or employed CCTS Graduate or of the intention of the CCTS
Trainee, the employed CCTS Graduate, the Contractor or his relevant first-tier
sub-contractor to terminate the employment contract of the CCTS Trainee or
employed CCTS Graduate, within 3 working days of the Contractor or his
relevant first-tier sub-contractor knowing the change or intention, whichever
is earlier, and provide with the written notification under this sub-clause (10)
the reason for the change of employment terms or termination of the

>>>
employment contract. In the case of any change in the employment terms of a
CCTS Trainee or there being any intention of the CCTS Trainee, the
Contractor or his relevant first-tier sub-contractor to terminate the

Go to Table of Content
employment contract of the CCTS Trainee, the Contractor shall also notify
the CICTA in accordance with the CCTS terms and conditions.

(11) (a) The Final Contract Sum shall, subject to sub-clause (11)(b) of this
Clause, be adjusted to take account of any increase or decrease in Cost
to the Contractor in complying with this Clause resulting from any
change to the CCTS terms and conditions. [Note : for use by
contracts using the General Conditions of Contract for Civil
Engineering Works / Building Works / Design and Build Contract]

>>>
(b) If the Engineer / Surveyor / Supervising Officer* is of the opinion that
the Contractor has been or is likely to be involved in decrease in Cost
to the Contractor in complying with this Clause resulting from any

Go to Table of Conten
change to the CCTS terms and conditions or upon written application
by the Contractor to the Engineer / Surveyor / Supervising Officer* the
Engineer / Surveyor / Supervising Officer* is of the opinion that the
Contractor has been or is likely to be involved in increase in Cost to
the Contractor in complying with this Clause for which the Contractor
would not be reimbursed by a payment made under any other provision
of the Contract resulting from any change to the CCTS terms and
conditions , the Engineer / Surveyor / Supervising Officer* shall value
the decrease or, as the case may be, ascertain the increase and shall
certify in accordance with General Conditions of Contract Clause 79.
[Note : for use by contracts using the General Conditions of Contract
for Civil Engineering Works / Building Works / Design and Build
Contract]

4
Use sub-clause (7) for consultant-administered capital works contracts and use sub-clause (8) for
in-house capital works contracts

Chapter 5 (Rev. 1) 439

 Project Administration Handbook for Civil Engineering Works 2012 Edition

(11) (a) The final value of the Works shall, subject to sub-clause (11)(b) of this
Clause, be adjusted to take account of any increase or decrease in Cost
to the Contractor in complying with this Clause resulting from any
change to the CCTS terms and conditions. [Note : for use by
contracts using the General Conditions of Contract for Term Contracts
for Civil Engineering Works / Building Works.]

(b) If the Engineer / Maintenance Surveyor* is of the opinion that the

Go to Table of Content
Contractor has been or is likely to be involved in decrease in Cost to
the Contractor in complying with this Clause resulting from any
change to the CCTS terms and conditions or upon written application
by the Contractor to the Engineer / Maintenance Surveyor* the
Engineer / Maintenance Surveyor* is of the opinion that the Contractor
has been or is likely to be involved in increase in Cost to the
Contractor in complying with this Clause for which the Contractor
would not be reimbursed by a payment made under any other provision
of the Contract resulting from any change to the CCTS terms and
conditions, the Engineer / Maintenance Surveyor* shall value the

>>>
decrease or, as the case may be, ascertain the increase and shall certify
in accordance with General Conditions of Contract Clause
78/79A/79B*. [Note : for use by contracts using the General

Go to Table of Content
Conditions of Contract for Term Contracts for Civil Engineering
Works / Building Works.]

(12) For the purpose of Particular Specification Clause [yy] 5, the CCTS Trainees
for the Contract or seconded from other contracts to work under the Contract
shall not form part of the total local workforce on the Site when calculating
the minimum number of Qualified Tradesmen and Intermediate Tradesmen to
be employed by the Contractor under the Contract.

(13) Nothing in this Special Condition of Contract shall derogate from or in any

>>>
way affect the respective obligations of the Contractor and his first-tier
sub-contractor(s) to comply with the applicable law in Hong Kong, including
relevant employment, labour and anti-discrimination legislation.

Go to Table of Conten

* Delete as appropriate

5
This refers to the Particular Specification promulgated under Works Bureau Technical Circular No.
13/2002.

Chapter 5 (Rev. 1) 440

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Note 1
The minimum total number of CCTS Trainees to be specified shall be –

Contract Sum / Estimated Total Minimum Total Number of CCTS

Expenditure for Term Contracts Trainee (see worked example below)
(SCC[X](1)(a))
> $200 million and <= $400 million 10 or 5% of forecast total demand for
workers in “specified trades” for the
Contract, whichever is greater

Go to Table of Content
> $400 million 20 or 5% of forecast total demand for
workers in “specified trades” for the
Contract, whichever is greater
 “specified trades” means the trades included in the “Enhanced Construction Manpower
Training Scheme” operated by the CICTA and prescribed by CICTA for inclusion in the
CCTS which currently include –
• Bar Bender and Fixer
• Rigger/Metal Formwork Erector
• Carpenter (Formwork)

>>>
• Drainlayer
• Leveller
• Metal Worker

Go to Table of Content
• Site Surveyor

 Forecast total demand for workers in “specified trades” is to be estimated based on the
“Guideline for Estimation of Manpower Requirements arising from Public Works”
published in June 2003 by the then Environment, Transport and Works Bureau and any
of its amendment and revision.

 The Contract Period shall be 2.5 years or longer.

Note 2

>>>
Adopt “date for commencement of construction of the Works” when using the General
Conditions of Contract for Design and Build Contracts.

Note 3 Go to Table of Conten

Delete or amend as appropriate if the definition of Contract Period in the General Conditions
of Contract is amended and if there is no need in the Contract for the Engineer/Maintenance
Surveyor to notify the Contract the commencement of the Contract Period.

Note 4
A “Worked Example of Estimating Minimum Total Number of CCTS Trainee to be
Specified in the Contract” for internal reference is available at Appendix 3 of SDEV’s memo
ref. DEVB(Trg) 133/4 (5) dated 30.12.2011, which can be downloaded from Works Group
Intranet at http://portal.etwgi.etwb.hksarg/.

Chapter 5 (Rev. 1) 441

 Project Administration Handbook for Civil Engineering Works 2012 Edition

Appendix [xx] to
Special Conditions of Contract

Notes about Personal Data for

Specimen Employment Contract for
CCTS Trainees and CCTS Graduates

Purpose of Collection

Go to Table of Content
(1) The personal data provided by means of this Employment Contract and biometric data of
palm size and shape of the Employee subsequently+ collected from the Employee for the use
of the attendance recording system on site will be used for the following purposes:-

(a) regulating fair terms of employment;

(b) monitoring and controlling payment of wages;

(c) recording and verifying Employee’s attendance records;

>>>
(d) providing proper record for compensation for employment-related injury;

Go to Table of Content
(e) ensuring regular Mandatory Provident Fund contribution;

(f) providing proper record for compensation for termination of this Employment Contract;

(g) maintaining proper Employee’s employment records; and

(h) administering, developing and monitoring training (including training under the CCTS)
provided to the Employee and monitoring the Employee’s employment after
completion of training.

>>>
Classes of Transferees

Go to Table of Conten
(2) The personal data provided by means of this Employment Contract may be disclosed
to :-

(a) Labour Relations Officer(s) on the construction site;

(b) personnel in relevant Government Bureaux/Departments handling matters in relation to

the above purposes but not limiting to Labour Department and Immigration
Department;

(c) Mandatory Provident Fund Schemes Authority;

(d) Approved trustees by Mandatory Provident Fund Schemes Authority;

(e) the smart-card supplier and the officers in operation of the smart-card system for

Chapter 5 (Rev. 1) 442

 Project Administration Handbook for Civil Engineering Works 2012 Edition

maintaining an attendance recording system on site;+

(f) the Employer of the project for which the Employee is engaged to work and the
Employer of any other project to which the Employee is seconded;

(g) the Engineer/Architect/Supervising Officer/Maintenance Surveyor appointed by the

Employer of the project for which the Employee is engaged to work and the
Engineer/Architect/ Supervising Officer/Maintenance Surveyor appointed by the

Go to Table of Content
Employer of any other project to which the Employee is seconded;

(h) the Main Contractor and the major sub-contractors of the project for which the
Employee is engaged to work and the Main Contractor and the major sub-contractors of
any other project to which the Employee is seconded; and

(i) the Construction Industry Council and the Construction Industry Council Training
Academy

>>>
for the purposes mentioned in paragraph (1) above.

Go to Table of Content
Consequences
(3) The collection of the aforementioned personal data is obligatory and will be used for the
purposes mentioned in paragraph (1) above. The consequences of the Employee’s failure to
provide the data may result in the Employee’s rights being prejudiced in any future
employment disputes with the Employer and that the Employee’s access to the construction
site may be denied.

Access to Personal Data and Enquiries

>>>
(4) Under the Personal Data (Privacy) Ordinance, Employees have the right to request
access to or correction of the personal data provided to the Employer. Employees can
contact

Go to Table of Conten
(Name and Address)

(5) For the purpose of these Notes:

(a) “CCTS” means the Contractor Cooperative Training Scheme administered by the
Construction Industry Council Training Academy of the Construction Industry
Council.

(b) “Engineer / Architect / Supervising Officer / Maintenance Surveyor” includes

Engineer’s / Architect’s / Supervising Officer’s / Maintenance Surveyor’s
Representatives.

+ Delete for term maintenance contracts under which no biometric data of palm size and
shape will be collected from site personnel

Chapter 5 (Rev. 1) 443

 Project Administration Handbook for Civil Engineering Works 2012 Edition

承建商合作培訓計劃學員及畢業生
僱傭合約樣本的

個人資料說明

收集目的

(1) 在 本 僱 傭 合 約 內 僱 員 所 提 供 的 個 人 資 料，以 及 其 後 向 僱 員 收 集 供 出 勤

Go to Table of Content
記 錄 系 統 用 的 其 本 人 生 物 特 徵 資 料 (手 掌 大 小 和 形 狀 )， +將 作 下 列 用
途：
(a) 規管公平的僱用條款；
(b) 監察和管制工資的繳付；
(c) 記錄和核實僱員的出勤記錄；
(d) 為工傷賠償提供準確記錄；
(e) 確保妥為繳付強制性公積金供款；

>>>
(f) 為終止本僱傭合約而須繳付的賠償提供準確記錄；以及
(g) 備存妥善的僱員就業記錄。

Go to Table of Content
(h) 管 理 、 發 展 和 監 察 為 僱 員 提 供 的 培 訓 (包 括 在 承 建 商 合 作 培 訓 計 劃 下
的 培 訓 )和 監 察 僱 員 完 成 培 訓 後 的 就 業 情 況 。

獲轉交資料的部門和人士

(2) 僱主或會向以下部門和人士披露僱員在本僱傭合約所提供的個人資
料：

>>>
(a) 駐工地的勞資關係主任；
(b) 處 理 與 上 述 用 途 有 關 事 宜 的 政 府 決 策 局 ／ 部 門，不 限 於 勞 工 處 和 入 境

Go to Table of Conten
事務處；
(c) 強制性公積金計劃管理局；
(d) 獲強制性公積金計劃管理局核准的受託人；
(e) 智能卡供應商和在工地以智能卡系統備存出勤記錄的系統操作人
員；+
(f) 僱員所受聘從事工程的僱主及僱員被借調到任何其他工程的僱主；
(g) 僱員所受聘從事工程的僱主所委派的工程師／建築師／工程監督／
屋宇保養測量師和僱員被借調到任何其他工程的僱主所委派的工程
師／建築師／工程監督／屋宇保養測量師；
(h) 僱員所受聘從事工程的總承建商和主要分包商和僱員被借調到任何
其他工程的總承建商和主要分包商；以及
(i) 建造業議會及建造業議會訓練學院。

Chapter 5 (Rev. 1) 444

 Project Administration Handbook for Civil Engineering Works 2012 Edition

以 作 上 文 第 (1)段 所 述 的 用 途 。

後果

(3) 僱 主 必 須 收 集 上 述 個 人 資 料 ， 有 關 資 料 將 會 作 上 文 第 (1) 段 所 述 的 用
途。僱員如不提供上述資料，日後與僱主發生僱傭糾紛時，其權益可能會
受損﹔而僱員亦可能會被拒進入工地。

Go to Table of Content
查閱個人資料及查詢

(4) 根 據《 個 人 資 料 (私 隱 )條 例 》，僱 員 有 權 要 求 查 閱 或 更 改 已 向 僱 主 提 供
的個人資料。僱員可聯絡

>>>
。
（姓名及地址）

Go to Table of Content
(5) 就本說明而言：

(a) 「 承 建 商 合 作 培 訓 計 劃 」指 由 建 造 業 議 會 轄 下 建 造 業 議 會 訓 練
學院管理的承建商合作培訓計劃。

(b) 「 工 程 師 ／ 建 築 師 ／ 工 程 監 督 ／ 屋 宇 保 養 測 量 師 」包 括 工 程 師

>>>
／建築師／工程監督／屋宇保養測量師的代表。

+ 如 定 期 維 修 合 約 中 毋 須 收 集 工 地 人 員 的 生 物 特 徵 資 料 (手 掌 大 小 和 形 Go to Table of Conten
狀 )， 則 可 予 删 除 。

Chapter 5 (Rev. 1) 445