Lampiran IVB

GOVERNMENT’S REQUIREMENTS(NEED STATEMENT)

GENERAL AND CONTRACTUAL REQUIREMENTS FOR ROAD PROJECTS

GENERAL REQUIREMENTS

1. 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 Government’s Requirement.

2. DESCRIPTION OF THE WORKS

The 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;

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(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 WORKS

The 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.

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(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 Government’s 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 REQUIREMENTS

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The 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 General’s Chambers (Reference: PN. (Adv)250).

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

1.0 Contractor’s 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 Director’s (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 Contractor’s Superintending Personnel

The 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.

3.0 Bumiputera 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

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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.

4.0 Compliance 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.

5.0 Joint Venture Requirements

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

5.1 The Contractor’s 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.

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

5.3 The 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 Government’s Requirements as referred to in Appendix 3 to the Conditions of Contract.

5.4 The Contractor’s Proposal shall include:

a) A description of the proposed participation and responsibilities of each partner.

b) A statement of proposed capital contribution of each partner and the sharing out of profits and losses among the parties.

c) The Contractor’s Proposal shall include the official correspondence address for service of all letters, written notices and instructions to the Joint Venture including the leading partner to be designated.

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6.0 Government’s Procurement Policy on Imported Goods and Foreign Services

In line with Government’s Procurement Policy On Imported goods and foreign services the Contractor shall deemed to have allowed in his tender all cost and time necessary for full compliance with Clauses 2.9.1 and 9 of the Conditions of the Contract.

For the purpose of compliance with Clause 9 of the Conditions of The Contract: Restriction and Procedure On Use Of Imported Goods, the Contractor whose Tender has been recommended and considered for acceptance will be required to submit to the P.D. to secure the Government’s approval, the list and particulars of any material, plant, equipments, vehicles or other goods which are not locally available and proposed to be imported, prior to the acceptance of his Tender.

For the purpose of compliance with clause 2.9.1 of the Conditions of Contract on the employment of foreign consultants, the Contractor shall submit together with his tender the list and particulars of any foreign consultant whose expertise required for the implementation of the project cannot the obtained locally. The Contractor will be required to replace any proposed foreign consultant not approved by the Government with suitably qualified/experienced local consultants approved by the P.D., before his tender can be considered for acceptance.

7.0 Contractor’s Design Liability

Notwithstanding the provisions of Clauses 2.2, 2.3.1 and 2.3.2 of the Conditions of Contract, the Contractor is to note that the design (including any further design), supervision, construction and maintenance of the Works are included within the scope of the Contract

8.0 Contract Document

The Contractor shall prepare and submit to the Government one original and …………… (……) certified true copies of the Contract Documents immediately after the Contract Agreement has been formally executed. The original of the Contract Document shall be kept by the Government.

9.0 Contractor's Proposal

9.1 Sufficiency of Proposal

The Contractor shall have satisfied himself before submitting his proposal as to the correctness and sufficiency of his proposal for the Works, and the Contract Sum, except in so far as is otherwise provided in the Contract, shall cover all his obligations under the Contract and all matters and things necessary for the proper design, construction, supervision, completion, maintenance and guarantee of the Works. The contractor's proposal shall meet the minimum technical requirement specified.

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9.2 Quantities and Figures

Any quantities and figures as indicated in the Contractor's Proposal for any system or portion of work shall be taken as purely indicative only. No claims for extra cost shall be entertained if such increase is an essential part of the completion of the whole of the Works.

9.3 Discrepancy

Where there is any discrepancy within the Contractor's Proposal, the P.D. shall have the right to decide between the discrepant items and the Contractor shall comply with the decision without any cost to the Government.

9.4 Detailed Drawings

Any drawings shown in the Contractor's Proposal are considered as the complete working drawings to be used for the completion of the whole of the Works. Any necessary and subsequent updating/modification made in order to suit the final accepted layout shall not be treated as a variation to the Contract.

10.0 Contractor’s Design and Specifications

The Design and Specifications proposed by the Contractor shall not be inferior to those described in the Government's Requirements where applicable.

The current JKR Standard Specifications for Road Works and Bridgeworks, including any relevant amendments thereof by Government, shall be adopted by the Contractor.

For works which are not covered by the Standard Specifications and for some details where the Contractor deems necessary to make modifications, the Contractor shall submit addenda to the Standard Specifications, giving complete details of the proposed specification or modifications after procuring approval from Government.

11.0 Materials and Workmanship

To the extent deemed necessary by the Contractor as per Clause 10.0 above, the Contractor shall cause to be made detailed addendum specifications of materials to be incorporated in the Works, including minimum standard of quality and the method of testing all quality control test shall be certified by Professional Engineer for record purpose. Any change to the JKR Standard Works Specification should seek prior approval of JKR.

Unless otherwise approved in writing by the P.D., all materials and products of Malaysian origin and products complying with approved relevant standards shall be used in the whole Works.

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12.0 Quality of Works

In line with the provision of Clause 8 of the Conditions of Contract, the Contractor shall ensure that the quality of the Works as a whole must be maintained and that the Works are carried out in conformity in every aspect of the requirements of the Contract. The Contractor shall engage full time on site during the whole duration of the Contract, adequate number of Professional Engineers or other appropriate Professionals registered with the respective Boards in Malaysia and sub-professional staff to provide close supervision of the Works at all times to ensure full compliance with the design and specifications of the Works. The supervisory staff shall be employees of the Consultants engaged for the design of the Works. The Contractor shall submit the names of the supervisory staff together with their particulars of employment with the Consultant and their experience to the P. D. for approval before the commencement of the Works.

13.0 Materials of Malaysian Origin

The Contractor shall use local goods / materials as listed in the ‘Senarai Bahan / Barangan Buatan Tempatan’ issued by IKRAM QA Services Sdn. Bhd. and/or issued by SIRIM QA Services Sdn. Bhd. whichever is relevant. If the Contractor fails to comply with this requirement, a penalty may be imposed on the Contractor and/or goods / materials not found to be in compliance may be rejected.

For local goods /materials not listed as aforesaid, such goods / materials may be allowed if prior testing and certification from IKRAM QA Services Sdn. Bhd. or SIRIM QA Services Sdn. Bhd. whichever is relevant has been obtained. Where such testing cannot be carried out by IKRAM QA Services Sdn. Bhd. or SIRIM QA Services Sdn. Bhd. The Contractor may apply, subject to the P.D.’s approval, for testing to be done by another agency.

14.0 Compliance with Requirements of Local Authorities

Notwithstanding the provisions of Clause 12.2 of the Conditions of Contract, the Contractor is also required to seek the approval of the various relevant authorities concerned with the Works and to submit evidence of such approval to the P.D.

15.0 Taxation

In addition to Clause 13 of the Conditions of Contract, the Contractor is also required to pay all forms of Customs duties/ Excise/ Sales tax in Malaysia where necessary.

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16.0 Employment of Foreign Workers

Notwithstanding the requirements of Clause 18 of the Conditions of Contract, should the Contractor intend to employ foreign workers in the execution of this Contract, he shall comply with all employment laws and bye-laws pertaining to the same and furnish to the P.D. all relevant documents.

17.0 Temporary Facilities and Services

The Contractor shall provide and maintain the following facilities and services for the entire duration of this Contract.

17.1 For the Works

The Contractor shall provide and maintain in good condition all the necessary temporary facilities and services during the duration of the works, to include, but not limited to, the following:(a) Safe access and temporary roads and crossings to all works,

(b) Drainage, removal of surface water and all necessary silt traps etc.,

(c) Maintain, repair and reinstate existing roads, culvert and other related services,

(d) Project Signboards,

(e) Storage,

(f) Water and power,

(g) Sanitation,

h) Safety helmets, boots and other safety equipment,

(i) First aid kit,

(j) Survey instruments,

(k) Security and lighting,

(l) Provision of laboratory and testing services,

(m) Temporary accommodation for workers,

(n) *Plant and machineries whenever necessary

Before handing over of the Works to the Government, the Contractor shall remove all temporary buildings, temporary works and temporary installation.

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* Delete if not necessary17.2 The Project Director

The Contractor shall provide and maintain for full duration of the contract for the P.D. or his representatives, the following: -

(a) Site Office Accommodation for each site in the form of JKR Standard Designed Site Office or Portable Cabins or rented shop lot which shall be equipped with fittings and furniture as listed in Appendix 1F of Section 1 to the Standard Specification for Road Works and shall also include the following:

(i) A fully air-conditioned office.

(ii) A prayer room including ablution taps.

(iii) A fully air-conditioned meeting room to accommodate at least 30 persons.

(iv) A small pantry with a sink and power points for and including an electrical kettle and a refrigerator.

(v) All office furniture and equipment such as tables, chairs, cabinets, plan chest and racks, pin-up boards for the office and meeting room in sufficient quantity and quality.

(vi) Telephones, light fittings, water and electricity supply.

(vii) Toilet facilities consisting of w.c., urinal, shower and wash hand basins, solely for the use of the P.D. and his staff.

(viii) The Contractor shall pay all deposits and charges, comply with all bye-laws, maintain all services and pay all bills for electricity, water, telephones, etc. for the full duration of the Contract.

(ix) The Contractor shall keep the office accessible at all times and in every way habitable for working purposes throughout the duration of the Contract. The Contractor shall also provide such labour and cleaning materials as are required to maintain the site office in a thoroughly clean and sanitary condition.

(x) On completion of the Contract, all furniture and equipment in the P.D.’s and his staff’s office shall become the property of the Contractor. The site office shall be removed from the site and the site shall be left in a tidy condition.

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(b) *Transport Services For The P.D. and his Staff

Refer Appendix A2

(c) * Equipment and Facilities

Refer Appendix A2

.18.0 Quality Assurance Plan

18.1 The Contractor shall submit to the P.D. a properly documented quality assurance plan broadly showing how he proposes to maintain acceptable standards for all aspects of the Works. All work procedures have to follow current JKR ISO 9001.

18.2 This general quality assurance plan shall be submitted together with the Contractor’s Proposals at the time stipulated in the Instructions to Tenderer. More detailed quality assurance plans shall be submitted to the P.D. prior to the execution of the Works.

18.3 All quality assurance plans submitted by the Contractor to the P.D. shall conform to the relevant standards set out by the International Standards Organisation (ISO 9001) and also to current JKR ISO 9001.

18.4 Quality assurance plans submitted shall include the proposed organisation structure of the Contractor’s quality assurance team, procedures and processes for the design, selection and testing of materials, placement, installation, supervision, acceptance, remedying of defects, commissioning and maintenance.

18.5 In addition, the Contractor shall submit a monthly quality assurance report to be endorsed by Professional Engineers incorporating all test results, test certificates, photographs and lab reports relating to the quality of materials and workmanship. The Contractor shall submit to the P.D. a properly documented quality assurance plan broadly showing how he proposes to maintain acceptable standards for all aspects of the Works. All quality records to be submitted in the form of CD and hard copy.

19.0 Programme of Works

Within 14 days after the receipt of the Letter of Acceptance, the Contractor shall submit to the P.D. for approval a detailed work programme using the Critical Path Method (CPM) showing his proposals and the periods for carrying out the various sections of the works in order to complete the whole works within the completion time specified. The proposal must be together with schedule of construction plant and labour strength plan for the various periods and section of the works.

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* To include only if necessary and after obtaining approval from the relevant committee in accordance with `Garispanduan Perolehan Khidmat Pengangkutan dan Kemudahan Penggunaan Peralatan Melalui Kontrak Kerja’ via letter (42) dlm. JKR.KPKR.020.050/03 Jld. 3 dated 1st Mac 2000

This programme must be presented in Gantt chart form and network diagrams indicating the critical activities and non-critical activities complete with all interface dates (Early Start, Late Start, Early Finish, Late Finish and Float / Slack times). This programme is inclusive of copies of all data on computer medium and printed hard copies together with the software and manuals.

The Contractor shall also furnish in writing to the P.D. or P.D.’s Representative particulars of the contractors method statements (method and sequence) for carrying out such works and of the construction plants and temporary works if any which the contractor intends to supply, use or construct as the case may be. The submission to and approval by the P.D. or P.D.’s Representative of such programme or the furnishing of such particulars shall not relieve the contractor of any of his duties or responsibilities under the contract.

For the purpose of monitoring the work progress effectively, the contractor shall carry out regular check of progress achieve against the planned progress. The contractor shall be required to update all information and maintained the planned programme using CPM periodically or as when instructed by the P.D. by trained and qualified personnel.

For any Projects in which JKR furnish the Work programme, the Contractor shall provide all the necessary resources required as specified in the programme, or the Contractor may propose an improved programme which shall not exceed the contract period stipulated, in which case, the CPM must also be used, denoting all the critical milestones for the successful implementation and completion of the project. Notwithstanding the above, the Contractor shall submit method statements for carrying out such works and temporary works, if any, which the Contractor intends to supply, use or construct as the case may be.

If anytime it should appear to the P.D. that the actual progress of the Works does not conform to the approved programme referred to herein before, the Contractor shall submit for approval, a revised programme showing to the modifications to the previously approved programme and additional resources necessary to ensure the completion of the whole works within the time set for completion.

20.0 Period of Completion

The whole Works which comprises of planning, design and construction must be 12

completed and handed over to the Government not exceeding ………….……(……..) weeks from the date of possession of site. This completion period is inclusive of all necessary land acquisition, additional survey, site investigation, redesign works etc. in parallel with the construction works.

21.0 Land Acquisition*

The Contractor shall identify all land requirements for the Works, and prepare land acquisition plans to enable the Government to acquire the necessary right-of-way. The land acquisition plans shall be to the appropriate scales and requirements of the local Land Office. All costs for land compensation are to be borne by the Government. The land acquisition plans shall be subjected to the Government's approval. In respect of land acquisition and environmental protection, the Contractor, where applicable and practical, shall satisfy the requirement of Department of Environment unless otherwise approved by the P.D.

In the event the Contractor’s design and construction of the Works requires additional land to the above due to any error or misjudgement on the part of the Contractor in making due allowance for land requirements for the Works, all the cost of such further land acquisition shall be borne by the Contractor.

22.0 Logging**

The Contractor shall note that there may be trees of commercial value within the Right of Way of the road that requires to be cleared. The Contractor shall liaise with the Department of Forestry and the State Government to ascertain the quantity of commercial timber and the premiums required to be paid to the state. The Contractor shall be required to pay this premium. The Contractor shall also be required to obtain a permit to transport out and sell all timber of commercial value and pay all royalty charges. The Contractor shall allow appropriate set off against the Tender Sum for the proceeds from the sale of the timber.

23.0 Protection and Temporary Relocation of Existing Utilities and Services

23.1 The Contractor shall prior to the execution of the Works, liaise with all public utility authorities/providers and relevant affected parties with regard to the existing utility installations or facilities affecting his works. He shall establish the exact locations of these services by trial trenching or other suitable methods such as using electronic detection equipment. The Contractor shall take all necessary precautions and provide all necessary protection so as not to damage any existing utilities and services; and where necessary or if required by the public utility authorities/providers, the Contractor shall carry out temporary relocation of the existing utilities and services

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including reinstatement of the same.

23.2 If during excavations, the Contractor comes across any underground cables, pipes etc. he shall stop work immediately and report to the P.D. who shall liaise with the relevant utility authorities/providers to determine the necessary action to be taken. The Contractor shall be responsible for making good all damages to cables, etc. and shall indemnify the Government against all claims as a result of such damages.

* To be deleted for projects where the Contractor is not required to identify land requirements nor prepare land acquisition plans.

** Delete if not applicable23.3 All costs incurred by the Contractor in complying with these requirements shall be

borne by the Contractor and deemed to be included in the Contract Sum.

24.0 Permanent Relocation of Utilities and Services

Provisional sums shall be allowed as listed in the Tender Sum Analysis for the permanent relocation of utilities and/or services.

24.1 The Utilities Company (U.C.) shall be responsible for the relocation of utilities within the road reserve. The company may propose and relocate the utilities based on their design upon approval by the Government.

24.2 The U.C. may also, upon approval by the Government use the approved layout and design as proposed by the Contractor.

24.3 However if the U.C do not wish to undertake the said relocation within a specified period, the work shall be carried out by the contractor following current JKR procedures. Prior to the commencement of the work, an agreement between the U.C. and the Government shall be made whereby the U.C. undertake to reimburse the Government an agreed amount at a later date.

25.0 Adjoining Properties

25.1 Where the property adjoining the site (or sites) is in constant use by the Government, adjoining owners and occupiers, the Contractor shall arrange for and carry out the Works so as to cause minimum interference or interruption to the use of the adjoining properties including roads, footpaths, other access and any existing services thereto. He shall comply with all instructions or directive given by the P.D. in these matters.

25.2 The Contractor shall take all proper measures to the approval of the P.D. to minimise the spread of dust, noise, flooding, siltation, etc. arising from the execution of the Works to the adjoining properties and shall comply with the requirements imposed by the relevant Authorities.

26.0 Access and Temporary Road

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26.1 The Contractor shall provide and maintain, to the approval and satisfaction of the P.D., all necessary temporary culverts, roads, tracks, bridges, etc. for access to and within the site (or sites) as long as required for the execution of the Works. The positions where the site access are to be made shall be clearly indicated on the site plans submitted by the Contractor as part of his Proposals. The Contractor shall make all arrangements and obtain all necessary approvals and permission required in connection thereto.

26.2 Access roads from the site (or sites) leading to public roads shall be properly maintained at all times and shall only be removed by the Contractor when instructed to do so by the P.D.

27.0 Protection of the Environment and Environmental Impact Assessment (EIA)

27.1 The Contractor shall take necessary precautions to prevent the deposition of any debris, rubbish, silt, waste materials, foul water, chemicals, etc. arising from the execution of the Works into existing streams/waterways.

27.2 The Contractor shall divert existing drains, waterways, etc. encountered during the progress of the Works without disrupting their flow system and if such diversion is temporary, he shall subsequently reinstate the same subject to the P.D.'s approval.

27.3 The Contractor shall take necessary precautions to ensure that the tyres of all vehicles leaving the site are free of mud.

27.4 The Contractor shall not carry out any open burning on the site (or sites) without the written approval of the P.D.

27.5 The Contractor shall be held solely responsible for the sufficiency of precautions taken by him to protect the environment and shall comply with requirements imposed by the relevant authorities.

27.6 (i) Environment Quality Act 1974

The Contractor shall comply with all aspects of the Environment Quality Act 1974 which has relevance to the design, construction, equipping and commissioning of the proposed project.

(ii) Environmental Impact Assessment(EIA)

Where EIA is required by the said Act, the Contractor shall prepare, submit and obtain approval from the Department of Environment (DOE) and he shall incorporate in his Works all the abatement and mitigation measures for

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environmental protection and environmental monitoring as required by the DOE.

The Contractor shall be liable for and shall indemnify the Government in respect of any claim or proceeding arising from his neglect of this provision. All costs associated therewith shall be deemed to be included in the Contract Sum.

28.0 As Built Drawings

28.1 Submission of during construction

The Contractor shall be required to submit to the P.D. as built drawings progressively as the relevant portions of work are completed or as and when required by the P.D.

28.2 Submission after practical completion

Within 3 months from the date of practical completion, the Contractor shall submit to the P.D. for his concurrence a full set of as-built drawings, microfilm and other details and information to show the final construction and form of the Works as completed. All as-built drawings shall be computer generated in the form of AutoCad drawing files.

Upon concurrence of the P.D., the Contractor shall prepare :-

(a)one (1) reproducible drawing on medium weight premalrace or equivalent (A1 size),

(b) three (3) non-fade prints (A1 size) and(c ) microfilms

for each drawing. All the computer generated as-built drawings shall be stored in CD-ROM and forwarded within two (2) months thereafter to the P. D. together with the reproducibles, mirofilms and one (1) set of the non-fade prints. The remaining prints shall be issued as directed by the P. D..

Failure of the Contractor to submit the as-built drawings within the stipulated period will entitle the Project Director to have such drawings prepared by others at the expense of the Contractor.

29.0 Site Diary

The Contractor shall provide and maintain a site diary which shall comply with the standard JKR format at each site office. It shall be kept up to date at all times and

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shall be regularly certified by the head of the Contractor’s site supervisory team. The site diary shall contain records of daily weather conditions, labour strength at site, plant on site, work done during each day, etc. and shall be made available at the site to the P.D. and his representatives whenever required. All site diaries shall be kept in a reasonably tidy condition and shall be handed over to the P.D. upon completion of the Works.

29.0 Project Briefings To Be Arranged Whenever Required

The Contractor shall take note that from time to time during the execution of the Works he is required to prepare all necessary materials, labour and any form of assistance for the purpose of providing technical site briefings regarding the project to visitors as and when required by the P.D. The materials to be provided by the Contractor shall include a professionally produced video presentation as an audio-visual briefing on the background and proposals for this project and shall be prepared to the approval of the P.D.

The Contractor shall ensure that his project manager and the relevant consultants involved in this project are present during these briefings.

All costs incurred by the Contractor in complying with this requirement shall be deemed to have been included in the Contract sum.

30.0 Works Under Water

The Contractor shall be deemed to have ascertained for himself before pricing of the extent of the work which is to be carried out under water and his rates and prices shall include for all costs and charges whatsoever arising, out of such work.

31.0 Clearing, Cleaning and Tidying Up Upon Completion

The Contractor shall gather up and clear away all rubbish as it accumulates during the progress of the Works and leave the site clean and tidy upon completion. He shall in addition, from time to time on the completion of any area of the Works or where directed by the P.D., remove rubbish, surplus materials, or any other construction debris from such areas as may be attributable to his work under this Contract. Before handing over the Works to the P.D., the Contractor shall remove all rubbish, debris and surplus materials from the site and leave the whole site in a neat and tidy condition to the approval of the P.D.

The Contractor shall remove from site all waste materials that are no longer required for the execution of the Works to the approval of the P.D. and shall indemnify the Government against any claims arising from the disposal of such waste materials.

32.0 Monthly Progress Report

The Contractor shall submit …………… (……..) copies of the detailed monthly

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reports on progress of Works including progress video showing the progress of work carried out for each month of the Contract by the first week of every month to the P.D. The report should contain all the relevant information pertaining to contract management, scope of work, extent of work done, the plant and labour force employed, all quality control tests and records, illustrative photographs at every level of construction, and problems encountered and resolved. The report amongst other thing shall include problems encountered, issues pending P.D's decision and enclosures including all important corresponding letters, visitors details and all minutes of meeting in the month. A set of digital photographs in CD form showing the progress and stage of construction of each part of the Works shall also be submitted together with the aforesaid monthly progress report. All reports shall be prepared, checked and Certified by the P.D.

33.0 Certification of Works Before Testing and Commissioning and Final Inspection

All works claimed to be completed works shall be certified by the Contractor’s Consultants in respect of each discipline, as complete, functional and safe for use before a request is made for the P.D. to witness or carry out any testing commissioning and final inspection prior to the issue of the Certificate of Practical Completion.

34.0 Routine Maintenance

34.1 Routine Maintenance Activities During Construction

The sections of road involved in this contract will be taken out from Privatization Agreement between Government of Malaysia and Selia Senggara Sdn. Bhd./Roadcare (M) Sdn. Bhd./Belati Wangsa Sdn. Bhd.*. The Contractor shall be responsible for the maintenance of all the road during construction as specified in the JKR Standard Specification For Road Works and Bridges.

In addition to that, the Contractor shall at all times be responsible to carry out the following activities to the approval of the P.D.:

(a) Repair potholes and other pavement defects such as cracks and rutting.

(b) Keep all drain and culvert functioning properly by cleaning and desilting whenever necessary or whenever instructed by the P.D.

(c) Grass cutting once in one (1) month cycle

(d) Repair slopes and embankments

(e) Other maintenance works such as repairing of bridges/structures, signboard and other installation whenever necessary or whenever instructed by the P.D.

34.2 Routine Maintenance And Repair Under Defects Liability Period

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The period of defects liability shall be twenty-four (24) months after practical completion of the Works as per Conditions of Contract. The Contractor shall, throughout this whole period be responsible for the maintenance of completed works in such manner that the works are carried out regularly so that: -

(a) it is safe to all users.

(b) the designed level of service is maintained.

(c) all structures, earth slopes, carriageway and surface of all installations are in a well-maintained condition.

(d) It is generally clean and tidy.

In addition, joint inspection of the bridge/structures shall be carried out once a year.

* Delete whichever is not applicable.

The Contractor shall at regular intervals carry out the following activities to the satisfaction of the P.D.: -

(a) Keep all bridges (including substructure, superstructure, guardrail and riding surface) in excellent state of repair.

(b) Repair potholes and other pavement defects which may occur in the road and bridge deck to keep the road in a good riding surface.

(c) Repair failed slopes signs and embankments constructed by the Contractor.

(d) Keep all the road signs clean and conspicuous by regular cleaning.

(e) Keep all the drains and culverts functioning properly by regular cleaning and desilting at least once in every two (2) months.

(f) Repair damaged road shoulders, kerb, guardrails, lighting post, signboard and other installation and replaced them when stolen/pilfered.

(g) Grass cutting once in one (1) month cycle.

In the event of damages caused by failure in the design, land slides, settlements, depressions, cave-in, flood, natural causes and any other cause whatsoever, then the Contractor shall take immediate steps to remedy or rectify the situation to ensure that a smooth traffic flow is always maintained and to take all steps deemed necessary by the P.D.

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The cost of all remedy arising out of the default by the Contractor shall be borne by the Contractor.

All maintenance works shall be carried out in such a way that smooth flow of traffic is always maintained and no hazard is created in the course of work.

35.0 Project Management

The Contractor shall submit the detail planning for the implementation of the project. It should include the following:-

a) Work Breakdown Structure

b) Work Programme based on CPM

c) Organisation, Responsibility and Communication Matrix

d) Resource Allocation

The Contractor shall form a project management team within his own organization to plan and implement the project. The project team must be led by a qualified personnel to be approved by JKR.

This obligation must be fulfilled before negotiation on contract prices can start.

36.0 Payment

All payments under the Contract will be made in Ringgit Malaysia and in accordance with Clause 50 of the Conditions of Contract Payment shall be based on:

(a) Payment Schedule *

The Contractor is to submit a proposal for a realistic Interim Payment Schedule for the whole duration of the contract. The Payment Schedule should reflect the proposed program of works and progress of work and shall be mutually agreed before signing of the Contract.

(b) Valuation of Works *

Payments shall be made by the Government based on the P.D. monthly valuation of the Works properly executed and of any goods or unfixed materials delivered to or adjacent to the Site intended for use or to be incorporated in the Works.

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* P.D. to determine method of payment before tender is called and to delete whichever is not applicable.

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