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KERAJAAN MALAYSIA

Lampiran IVBGOVERNMENTS REQUIREMENTS

(NEED STATEMENT)

GENERAL AND CONTRACTUAL REQUIREMENTS FOR ROAD PROJECTSGENERAL REQUIREMENTS1.INTRODUCTION

The Government of Malaysia intends to ....The total length of the road is approximately km

The general layout plan for the Works is as shown in Appendix A1.

The construction is to be carried out based on Design and Build contract. The design and supervision shall be done by the approved consultant in accordance with the Governments Requirement.

2.DESCRIPTION OF THE WORKSThe proposed works involve ............The project comprises the following major components:-

(a) Site clearing, grubbing and stripping of the topsoil;

(b) Provision and construction of all necessary temporary river crossing, road diversion and temporary access road for the proper and expeditious execution of the Contract;

(c) Earthworks and turfing;

(d) Construction of asphaltic concrete road pavement with road shoulder;

(e) Drainage works including culverts, sumps, diversion drains, interceptor drains, roadside drains, toe drains, subsoil drain, berm drains, shoulder drains and other drainage structures;

(f) Soil improvement and slope protection works as and where required including soil nailing, guniting, vertical drains, horizontal drains, preloading etc.

(g) Construction of new bridges where required;

(h) Construction of earth retaining structures where required;

(i) Construction of intersections and junctions where required;

(j) Installation of road furniture and traffic control device;

(k) Provision and maintenance of all road and access affected by the construction in motorable condition at all time;

(l) Provision of environmental protection measures such as the construction of silt traps, temporary sediment basins, gravel outlet structures, etc.

(m) Construction and diversion of utilities including TNB, Telecom, JBA etc.

(n) All works incidental to the project including any modifications to be carried out in accordance with the Conditions and Specifications of this Contract.

3.SCOPE OF WORKSThe scope of works comprises the following: -

(a) Collection and analyses of all available, records, proposals and drawings and cause any further study, survey or investigation to be carried out for all additional information required for the design and construction of the whole works.

(b) Field survey to pick up ground details such as topographical features, existing structures and location of existing utility services to confirm the information contained in any existing survey drawing and also in areas where site survey data is not available.

(c) Study and analyses of available soil data and carry out further soil investigations in areas where soil investigation data is not available or inadequate.

(d) Preparation and submission of design brief, for consideration by the Government. The design brief should include design criteria, justifications, drawings, etc.

(e) Subject to the acceptance by the Government of (d) above, carry out detailed engineering design, calculation, Land Acquisition Plans (LA), construction drawings and detailed specification, with cost estimates. The Contractor is allowed to submit supplementary Land Acquisition plans.

(f) Road Safety audit and geotechnical audit to be done by independent auditors approved by JKR.

(g) Reviewing and checking all bridge design and slope stabilization designs by employing independent expert consultant appointed by the contractor and approved by the Government.

(h) Subject to approval by the Government, work can commence in sections or locations following acceptance of ( e ) and ( f ) above by the Government.

(i) Supervision of the Works by employing suitably qualified personnel.

(j) Provision of all necessary labour, material, plant, equipment, power, water, accommodation, etc. together with the personnel for the investigation, study, design , supervision, execution and maintenance of the Works.

(k) Provision for relocation and protection of services.

(l) Preservation for relocation and protection of services.

(m) Routine maintenance during construction.

(n) Maintenance and remedial works throughout the Defects Liability Period.

(o) All other works and services necessary to satisfactorily design, construct complete and maintain the whole Works to comply with the Governments Requirements.

(p) Supply of vehicles, telephones, computers and other items specified for the sole use of the project Director.

(q) Provision of as-built drawings after completion of works and their periodic updating specified.

(r) Construction of all temporary works and traffic management including the preparation of traffic management plans and the provision of any necessary road diversion and crossing.

(s)All other works to be in compliance with Road Safety Audit needs pertaining the safety of road users and pedestrians, e.g provision of pedestrian crossings.

The above scope will remain to be preliminary until a conceptual meeting is convened where the scope will be finalised according to the budget allocation and engineering needs and priorities.

CONTRACTUAL REQUIREMENTSThe Conditions of Contract referred to in the contractual requirements is the Conditions of Contract For Design & Build And Turnkey Projects (PWD FORM DB/T). This form has been approved by Attorney Generals Chambers (Reference: PN. (Adv)250).

The following clauses must be read in conjunction with the above Conditions of Contract.

1.0Contractors Consultants

All engineering investigations, designs and construction supervision shall be carried out by qualified and experienced Professionals (Engineers, Surveyors, Quantity Surveyors etc.) registered with the appropriate Malaysian governing statutory boards for the relevant type of discipline, and the Treasury.

The Contractor shall submit a complete list of consultants to be employed for the project stating their job category, their obligations and experience for Project Directors (P.D.) written approval. The works must be supervised by the consultant engaged for the design. Names of all designers with CV for each design activity/work and their respective man-month input and charge rates shall be submitted for P.D.s approval.All land survey works shall be carried out by Malaysia Licensed Surveyor registered with the Land Surveyors Board.

The Contractor shall not employ any other professionals (other than those named in his proposal) without the prior consent of the P.D. The Contractor is also required to retain the said Consultants to provide standing supervision of the Works throughout the Contract period and they shall not be discharged without the consent of the P.D. All as-built drawings required for this project shall be certified by professional engineers from the said Consultants.

The Consultants shall report directly to JKR on the design and supervision of the project.

2.0 Contractors Superintending PersonnelThe Contractor shall engage full time on site during the whole duration of the Contract, appropriate number of Professional Engineers registered with the Board of Engineers Malaysia and sub-professional staff for supervising the Works to ensure full compliance with the design and specifications of the Works.3.0Bumiputera Participation

The Contractor shall engage Bumiputera Contractors or other Bumiputera Organisations to carry out specific portions of the Works on a sub-contract basis and the amount of this participation shall be at least 30% of the Contract Sum. The Bumiputera Contractors/ Organisations shall be from the registered list approved by the Pusat Khidmat Kontraktor or the Ministry of Finance. In this respect the Contractor should indicate clearly how he intends to fulfill this requirement and provide a full list of the portions of the Works to be carried out by Bumiputera Contractors/ Organisations.

4.0Compliance with Lembaga Pembangunan Industri Pembinaan Malaysia (CIDB) Act 1994 and the Construction Industry (Levy Collection) Regulations 1996

The Contractor shall comply and cause his sub-contractors to comply with the requirements of the 'Lembaga Pembangunan Industri Pembinaan Malaysia' Act 1994 and the Construction Industry (Levy Collection) Regulations 1996. He shall submit a due notification on Form CIDB L1/96 to CIDB not later than 14 days after the issuance of the Letter of Acceptance/Letter of Award or any document, which constitutes the contract for the execution of the Works. In any case, this notification shall given not less than 14 days before the commencement of the Works. If so required by the P.D., the Contractor shall submit to the P.D. documentary evidence that he has complied with the above requirements.5.0Joint Venture Requirements

Any Proposal submitted by a legally constituted joint venture shall comply with the following:

5.1The Contractors Proposal shall be signed by the authorised signatories of all the partners to the joint venture so as to be legally binding upon each partner.

5.2A copy of the Joint Venture agreement shall be attached to Volume 1 of the Proposal for the perusal and approval of the Government.

5.3The Joint Venture agreement signed by the authorized signatories shall include an undertaking by all partners to the joint venture that they remain liable jointly and severally to the Government for the execution and completion of the whole of the Works in full accordance with the terms contained in the existing Governments Requirements as referred to in Appendix 3 to the Conditions of Contract.

5.4 The Contr