Lampiran IVB

GOVERNMENTS 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
Governments 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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3.

(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.

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 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 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 Generals Chambers (Reference: PN. (Adv)250).
The following clauses must be read in conjunction with the above Conditions of Contract.
1.0

Contractors 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 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 subprofessional 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 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.

5.2

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 Governments
Requirements as referred to in Appendix 3 to the Conditions of Contract.

5.4

The Contractors 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 Contractors 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.

6.0

Governments Procurement Policy on Imported Goods and Foreign Services

In line with Governments 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 Governments 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

Contractors 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
9.1

Contractor's Proposal
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

Contractors 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.

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.

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 necessary

17.2

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 byelaws, 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 staffs 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 Contractors
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 Contractors 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
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The whole Works which comprises of planning, design and construction must be
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 Contractors 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
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Contractor shall carry out temporary relocation of the existing utilities and services
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 applicable

23.3

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
15

all the abatement and mitigation measures for

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
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standard JKR format at each site office. It shall be kept up to date at all times and
shall be regularly certified by the head of the Contractors 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 audiovisual 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

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

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 Contractors
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.

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34.2

Routine Maintenance And Repair Under Defects Liability Period

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 .

21