Civil Engineering ?? 程 拓 展 署 Civil Engineering and Development Department Civil Engineering

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Text of Civil Engineering ?? 程 拓 展 署 Civil Engineering and Development Department Civil Engineering

  • Civil Engineering and Development Department

    Civil Engineering and Development Building, 101 Princess Margaret Road, Kowloon, Hong Kong

    File Ref.: CEDD T 4/36/1 July 2004

    Civil Engineering and Development Department Technical Circular No. 10/2004

    Civil Engineering and Development Department Library of Standard Special Conditions of Contract for Use with GCC for

    Term Contracts for Civil Engineering Works 2002 Edition Introduction This circular provides a library of Civil Engineering and Development Department standard Special Conditions of Contract (SCC) for use with the General Conditions of Contract (GCC) for Term Contracts for Civil Engineering Works (2002 Edition) (the Library). For the purposes of this Circular, SCC refers to the Special Conditions of Contract for use with the GCC for Term Contracts for Civil Engineering Works (2002 Edition). 2. This circular shall be read in conjunction with Works Bureau Technical Circular (WBTC) No. 16/2002 which promulgates the GCC for Term Contracts for Civil Engineering Works (2002 Edition) and the related WBTCs or Environment, Transport and Works Bureau (ETWB) TCWs listed in the guidelines to the SCC clauses in this Library. Effective Date 3. This circular shall take immediate effect. Background 4. The GCC for Term Contracts for Civil Engineering Works (2002 Edition) was edited based on the GCC for Civil Engineering Works (1999 Edition). 5. WBTC No. 18/2000 promulgated a library of standard Special Conditions of Contract for use with the GCC for Civil Engineering Works (1999 Edition), but there is no equivalent library of SCC for use with the GCC for Term Contracts for Civil Engineering Works (2002 Edition).

    CEDD TC No. 10/2004 Page 1 of 3 We bring the best engineering to l i fe

    http://www.devb-wb.gov.hk/technical_circulars/index.aspx?langno=1&nodeid=1108

  • 6. CEDD lets term contracts for minor works (i.e. general civil works), marine works, landslip preventive measures works, ground investigation, geophysical survey, laboratory testing and landscape works. Although the nature of works under these term contracts are different, most of the SCC adopted are similar. This Circular is issued to ensure consistency in the use of SCC within CEDD and to provide easy reference for project officers in the preparation of tender documents for term contracts. Library of Standard SCC for Term Contracts 7. The Library is attached at Appendix A. This Library shall be used with the GCC for Term Contracts for Civil Engineering Works (2002 Edition). 8. Except as may be otherwise provided in any particular ETWB TCW, the SCC in the Library applicable to a particular contract may be used on approval of the relevant Chief Engineer/Chief Geotechnical Engineer who is responsible for the preparation of the tender documents for the contract. 9. Any SCC clause promulgated by ETWB TCW to be used in conjunction with GCC for Term Contracts for Civil Engineering Works (2002 Edition) shall be deemed to form part of this Library. Use of Proposed SCC not held in the Library 10. Any proposed SCC not in the Library (including any modification to the SCC in the Library) may only be used on approval of the relevant Deputy Head/Deputy Project Manager. 11. Should the project officers responsible have any doubt on the wording of an SCC not in the Library then the clause should be forwarded to the Legal Advisory Division of ETWB for advice, through SE/CA or the relevant Contract Advisers of the Development Offices (CAds). Numbering of SCC Clauses in Tender Documents 12. It is not necessary for the project officers to use the SCC numbering in the Library in their tender documents. The project officers should use a numbering system to ensure continuity of the SCC numbering in the tender documents.

    CEDD TC No. 10/2004 Page 2 of 3

  • CEDD TC No. 10/2004 Page 3 of 3

    Enquiries 13. Enquiries on this circular should be addressed to Senior Engineer/Contract Adviser. ( T K TSAO ) Director of Civil Engineering and Development

  • Appendix A

    INDEX

    Civil Engineering and Development Department Library of Standard Special Conditions of Contract

    for use with GCC for Term Contracts for Civil Engineering Works 2002 Edition

    SCC Ref. Contents Related GCC

    Related WBTC or

    ETWB TCW

    1 Definitions 1(1) 18/2000, 18/2000A

    2A or 2B Sureties or security 12 10/97 & 10/97A

    3A Safety Plan 56(1) 14/98

    3B Payment for site safety 79 14/98, 30/2000 & 30/2002

    4A or 4B Quality assurance for structural concrete - 57/2002

    5A Deletion of contract price fluctuations 92 21/2003

    5B or 5C Contract price fluctuations 92 21/2003

    6 Third party insurance 24 13/94 & 13/94A

    7 Third party claims in respect of damage on and to agricultural lands

    24(1), 86 28/92

    8A, 8B or 8C Sub-contracting 4 -

    9 Independent checking of the design, erection, use and removal of Temporary Works

    7

    3/97

    10 ISO 9000 certification for the Contractor - 13/2001

    11 ISO 9000 certification for sub-contractor 4 13/2001

    12 Issue of Works Order - -

    13 Report on completion of the Works 55(1) -

    14 Quantities - -

    15 Working beyond Normal Working Hours - -

    16 Computer-Aided-Drafting (CAD) Standard for Works Projects

    - 38/2002

    CEDD TC No. 10/2004 Appendix A Page 1 of 87

  • Appendix A

    SCC Ref. Contents Related GCC

    Related WBTC or

    ETWB TCW

    17 Ownership of documents and copyright - -

    18 Contract information to be used for cost estimation or cost analysis for the Employers other works

    8 3/2002

    19 Site cleanliness and tidiness 62, 63 6/2002 & 6/2002A

    20 Qualified Tradesmen and Intermediate Tradesmen

    1(1), 19(1), 41(1)

    13/2002

    21 Year 2000 warranty for Contract Computer Facilities

    - 9/99, 9/99A, 18/2000

    22 Management of sub-contractors 4 47/2002

    23 Confidentiality clauses 8 29/2003

    24 Permits for excavation works under Land (Miscellaneous Provisions) Ordinance Cap. 28

    - -

    25 HKIAC Domestic Arbitration Rules 89(5) 29/2003

    26 Information not to be divulged 8 3/2004

    27 Ethical commitment 39 3/2004

    28 Contractor's interim statements 79 3/2004

    29 Acknowledgement of being notified of the ethical requirements

    - 3/2004

    30 Duties and power of the Engineer and Engineers Representative

    2 -

    31 Measurement and payment for traffic measures

    - -

    32 Site diary 34(1) -

    33 Hired and hire-purchase Constructional Plant

    74 9/2004

    34 Extension of time for unforeseen utility work

    52 17/2004

    35 Preservation and protection of trees 4 -

    36 Settlement of disputes 89(2) 18/2000B

    CEDD TC No. 10/2004 Appendix A Page 2 of 87

  • Appendix A

    Marginal Notes

    Guidelines

    SCC 1

    General Conditions of Contract Clause 1(1) is amended by adding the following:

    (a) "Contract Percentages" means the Contract Percentages entered by the Contractor into the Schedule of Contract Percentages at the Appendix to the Form of Tender. Each Contract Percentage corresponds to a section or part of a section as shown in the Schedule of Contract Percentages.

    (b) "Contract Rates" means the rates given in the Schedule of Rates adjusted by all relevant Contract Percentages.

    Definitions Items (a) and (b) are for use in term contracts with the Schedule of Contract Percentages

    (c) Establishment Works means the regular inspections, cultivations and other operations specified to be performed during the period stated in the Contract for such inspections, cultivations and other operations.

    WBTC No. 18/2000

    Item (c) is for use in conjunction with SCC 12(2) only

    (d) utility undertaking means any person, undertaking, company, organization or government department and includes any office, division, sub-division, section, sub-section, unit or group within a government department which engages in or is so engaged in supplying or providing utilities (including electricity, lighting, traffic control, telecommunications, cable television, gas, water, drainage, sewerage and tramway) and any associated work and the supply or provision of which does not form part of the Works under the Contract, including the contractors and sub-contractors of any tier of such person, undertaking, company, organization or government department

    WBTC No. 18/2000A Mandatory

    CEDD TC No. 10/2004 Appendix A Page 3 of 87

  • Appendix A

    SCC 1

    (Contd)

    Marginal Notes

    Guidelines

    (e)

    (f)

    (g)

    (h)

    Engineers Sub-delegate means any person, company or firm appointed from time to time by the Engineers Representative and notified in writing to the Contractor to perform the duties set forth in Special Conditions of Contract Clause SCC 30(4)*. The person appointed may be described by name or as holder for the time being of a Public Office.

    Landscape Hardworks means paving, tree grilles, tree guards and tree rings and any other items identified as such in the Drawings.

    Landscape Softworks means all works of a horticultural nature and shall include placing, cultivation and preparation of topsoil and subsoil layer, supply and planting of trees, shrubs, grass and other plant materials and any work essentially associated with it.

    Landscape Works means Landscape Softworks, Landscape Hardworks and Establishment Works.

    Item (e), (f), (g) & (h) are only applicable to term contracts for minor works and landscape works. * The Clause