NWSC Chairman: Zaini? Why not Omar?

Shocking News!

The government decided to appoint Tan Sri Zaini Omar to be the first chairman of the new National Water Service Commission (SPAN) from March 1, 2007.

Zaini had just retired as the Director-general of JKR.

But Zaini is a electrical engineer with a law degree. How much does he knows about water management? This poser isn't intended to be contemptuous to a former leader.

Tan Sri Omar, also a retired PWD Director-general and who was the former boss to Tan Sri Zaini is the former Water Board Chairman and a civil engineering specialist, specialising infrastructure and hydraulic engineering management. Tan Sri Omar had personally been involved in designing many water & hydrology projects and the most recent is the STORM drainage tunnel in KL, of which the engineering consultant is SMHB (former Binnie & Partners). Tan Sri Omar is the executive director of SMHB (Syed Mohamad, Hui & Binnie).

Without disrespect to Zaini, Tan Sri Omar should be far more appropriate person to manage the water commission based on his competency and expertise in water management. Omar has design capabilities and his civil engineering design knowledge is appropriate to set the system management of NWSC. This is not a commercial entity nor a legal soliciting institution. Electrical engineering and law has little to do with water engineering and project management.

Declaring Ali Baba Contractors

The Finance Ministry has now made it compulsory for Bumiputra contractors awarded government contracts to sign an official declaration not to sell the project or subcontract the works to others.

Treasury secretary-general Tan Sri Izzuddin Dali said their contracts and registration would be terminated if they flout the rule.

Why don't the treasury and ministry start the process now? They can begin the survey from all the DB/T contracts awarded by JKR and the Ministry of Defence. Every DB/T contractors are registered Bumiputera PKK class A contractors and each and every project, so far in the history of JKR, has been subcontracted to others. Even my good friend Pak Adib did subcontract some of the works to Others (non-Bumi). Abu Sahid of Maju Holding subcontracted the Dedicated Highway to Leighton of Australia who in turn subcontracted the works to Chinese subcontractors. Ahmad Zaki Resources subcontracted their projects along Jalan Kuching-Kepong-Jln Segambut to non-Bumis. MMC subcontracted most, if not all their works to Others (mostly non-Bumis). Perangsang, a state-govt incorporated subcontracted the Matrade project to Lee Fook Sang, Ranhill subcontracted all their works to non-Bumis, in fact, all Bumiputera contrators and suppliers subcontract their works to Others. The Secretary-general used the word: "to Others". That's interesting. The project to procure the Sukhois was awarded to a Bumiputera contractor and was subcontracted to others too. That's how the undertable was paid. If not, the Muslim contractor will have to undertake the undertable transaction which is sinful and against Islam.

It will be interesting to see how the ministry is going to monitor this instruction and declaration. The fact remains that it is impossible for Bumiputera contrators not to subcontract the Works to Others. Even for a Chinese or Mat Salleh organization, they too had to subcontract to others because it is about risk transfer, and it is about ensuring that the right expertise is procured to do a competent job and to ensure the success of the project. No organization is able to do all the works themselves or to engage all the experts and skill workers and professionals as employees. This is the business philosophy called Outsourcing - acquiring skills and expertise from outside the organization to mitigate or transfer the risks and to ensure profitability and growth.

In the world of competitive trade and commerce, no one single race or creed can survive on its own without the service of the others. Even the Saudis, the UAE, Iran, Indonesia, and all other Muslim countries awarded contracts to Others or subcontract projects to Others. Pak Lah should visit the projects at Dubai and Qatar which are all Bumiputera projects and all of which are subcontracted to Others.

I will be excited to see how the ministry will monitor and control the implementation of this instruction and when and what chaos will erupt and destroy the nation's economy. It's tsunamic and it's against the rule of law including Islamic law to issue such an instruction and "Surat Sumpah" as it goes against the principles of justice and good government.

Stupid government and stupid servants!

Designed to Fail!

Costly blunders? Blundering the nation's coffers?

Some shocking facts about contractors who were awarded government projects:

• They lack expertise. Incompetent.
• Too ready to make a quick buck.

Projects in the spotlight recently:

• Middle Ring Road 2: Cost - RM120m (it actually cost RM238.8mil); an extra RM70m to pay for repair work paid by the govt even though it was contractor's fault.
  
• Navy Recruit Training Centre (Pularek): Cost - RM198m; extra RM13m needed, 7,032 defects and paid by govt even though it was contractor's fault.
  
• Matrade Building: Cost - RM287m; the cost kept rising until it reached that amount. Original contract value is RM167m. The extra RM120 mil is paid by govt.
  

It may sound astonishing; even ridiculous. But it is true.

Reasons for these blunders was revealed by Second Finance Minister:

(1) Projects were awarded to contractors who do not have the expertise whatsoever.

(2) Projects given to those who do not have the financial means to complete the projects.

(3) Bumi contractors sold the project for quick bucks.

(4) Consultants' grossly incompetent.

(5) The actual builder is ultimately the sub-sub-sub-sub-sui contractor. (A $200m award to the maincon becomes $80mil when it was passed down to the ultimate builder.)

Incompetent contractors, delays, cost overruns, failed projects: Lessons learnt?

The government has put in place mechanisms to avoid delays in project completion and ensure cost effectiveness. Referring to the New Sunday Times report yesterday on cost overruns in projects due to the incompetence of contractors and consultants, Minister in the Prime Minister’s Department Datuk Seri Mohd Effendi Norwawi said the mechanisms
would ensure only competent contractors were given government jobs.

He said the government had drawn valuable lessons from case studies of failed projects, as well as the successful ones.

“We have put in place new initiatives to streamline our procurement processes and to ensure projects are delivered efficiently and cost effectively.”

These, he said, included:
• Ensuring projects are awarded to competent contractors; and,
• Installing systems to monitor projects on near real-time basis to spot any delivery problems early and resolve problems immediately.

Read more HERE

MRR2 Repair: RM70 mil

Repairs to MRR2 flyover cost RM70m

Compiled by ROYCE CHEAH, BEH YUEN HUI AND A. RAMAN
1st February 2007, The Star

THE Public Accounts Committee (PAC) has revealed that repairs to the MRR2 flyover in Kepong cost more than RM70mil, Utusan Malaysia reported.

PAC chairman Datuk Shahrir Abdul Samad said the figure was high compared with its construction cost – RM120mil.

He was quoted as saying that this reflected “shoddy design and construction concepts” that were approved by the Government when projects were given to contractors.

“There is no point in spending more and not being able to use it,” he said, adding that it was difficult to pinpoint who was responsible for the mistakes in such a project.

“As an example, the MRR2 project has the contractor and concessionaire constantly pointing fingers at each other. The problems were with the design and construction.”

Shocking? It was originally estimated to be RM20 million.

More shocks? The government is paying the bills. The MRR2 is a Design-Built-Turnkey contract and the contractor has to give an absolute guarantee to the government for the design and construction.

Much more shocks? Wait!!!!

Who's Who in Maya Maju

Ahirudin Attan of Rocky'Bru's blogged: Not Khairy's Maya?

Thanks to Rocky, he mentioned CTSB in his article and that sends hundreds of his fans visiting CTSB.

Rocky posed some questions pertaining to the New Istana Negara Project as announced by Datuk Seri Samy Vellu. In The Star reported on 14th November, the headline says:
New, bigger Istana Negara

Works Minister Datuk Seri S. Samy Vellu said work on the new Istana Negara, to be built on a 96.52ha site atop a hill, will start next June and was slated for completion in 2009 which would cost the government RM400mil. However, no one heard of any tender being published and it had to be presumed that it was a negotiated turnkey-design-and-built project.

Kumpulan Seni Reka Sdn Bhd has was mentioned as the appointed project architect and Maya Maju Sdn Bhd was named as the building contractor.

Many people, including Rocky wanted to know who the hell is Maya Maju Sdn Bhd. Names like Syed Mokhtar's MMC & IJM, UEM, Peremba, Tan Sri Talha's and Lin Yung Lin's Gamuda, Roadbuilders (now SM's IJM owned), Ahmad Zaki's AZRB, Tan Sri Abu Sahid's Maju Holding Bhd, Salleh Sulong's DRB (now belongs to SM), Ranhill's Hamdan, YTL, Pak Adib's Arena Engineering, Tan Sri's SNA, and so on, they are familiar to most of us - they are the King-pin of the Malaysian construction industry. But Maya Maju? Who's that? Who owns it and what's it's track record?

Some time ago, we heard of Bank Negara awarding a RM320 million contract to buid a resource centre to a little known privately-held company, H & I Niaga Sdn Bhd. The award surprised major construction companies which had been bidding for the large project, like Ahmad Zaki Resources Bhd, PECD Bhd, Ranhill Bhd and UEM Builders Bhd.

H & I Niaga was involved in the problematic project involving the construction of the Royal Malaysian Navy Recruit Training Centre in Kota Tinggi Johor. They are also the contractor for Cheras Velodrome Project and some projects awarded by UiTM. NST BizTimes reported that the company had failed to pay levy owed to CIDB. The company had also failed to submit its profit and loss accounts for the past 3 years to Companies Commission Malaysia and had failed to file its accounts for the financial years ending December 31, 2002 to 2004.

H & I Niaga later issued a two-page statement to answer point-by-point all the issues raised by the Press and the Federation of Malaysian Consumer Associations. The company said while it was involved in building the Royal Malaysian Navy Recruit Training Centre in Johor, it was not involved in the construction of the defective roof structure of the hall complex.

H & I Niaga went on to say reports of it being reprimanded by government ministers over the Cheras Velodrome project were also untrue as it had completed its job to upgrade and renovate the facility within the stipulated time and had even been given letters of appreciation for the job. The company also answered Fomca’s query on its failure to file its accounts for the years 2002, 2003 and 2004 with the Companies Commission of Malaysia (CCM).

H & I Niaga said it had run into technical difficulties in 2003 causing a two-year delay in the of filing its profit and loss accounts. H & I Niaga clarified that they had since resolved the problem and has submitted the company’s audited accounts for the years 2002 and 2003 to CCM, while the final accounts for the financial year ended December 31 2004 have been audited and are pending submission. With regard to the payment of levy to the Construction Industry Development Board (CIDB), H & I Niaga said they will resolve the issue before October 25 as allowed for by CIDB.

Coming back to Maya Maju, the market had been abuzz with talk that Maya Karin, the pontianak actress who was recently rumoured to be romantically linked to Khairy Jamaluddin, the PM's son-in-law, and also rumoured to be using Hishamuddin's supplementary platinum card (this is another rumours). It was insinuated that Maya was behind the project to build a new national palace (some kind of payment in kind for service rendered). Some said that a top official from Khazanah Nasional, the government's investment arm, is advising this little-known company. I repeat: this is pure rumours and don't believed it.

UPDATES:

Checks with the ROC revealed that Maya Maju Sdn Bhd registered shareholders are Mr Ko Chin Teck (RM15,000 shares), Mr Lo Sin Li (RM85,000 shares). The directors are Ko and En Mohamad Muslim Hamzah (Mohamad Muslim do not owned any shares). Maya Maju Sdn Bhd Company No: 252091-T. The financial statement as at 31st Dec 1993 (as shown in RoC records) indicates Fixed Assets valued at RM82,655.00 and Current Assets at RM415,169.00 and Current Liabilities at RM456,501.00.

I believed that the company may have changed it's name to Maya Maju (Malaysia) Sdn Bhd as the published accounts at RoC is recorded up to 1993 (I can be wrong).

There is another company, Maya Maju (Malaysia) Sdn Bhd, registered with the RoC (Co Reg No: 254750-T). Here, there are 2 shareholders and 5 directors. The 5 Director are: Datuk Haji Man Bin Mat (rings your ear?), Md Nizam B. Md Sharif (rings your ear?), Rasidah Bt. Salleh, Lim Hooi Mooi (secretary), and Tan Enk Purn (secretary). The shareholders are: Maryna Keh Abdullah @ Miss Keh Kim Lan (RM1,450,000 shares) and Man B. Mat (RM3,550,000 shares).

Did it sounds interesting to you? Analyze the Shareholders, the Directors and secretaries???

So, Maya isn't Maya Karin; it's Maryna, the wife of ...

The company financial statement as at 31st Dec 2005: Current Asset RM4,899,225 (must be made up of the paid up capital injection) and Current Liabilities is RM48,794.00 (operating liability). Operating Revenue is RM0.00, profit before taxation is -$2,154.00 (negative) and losses is RM60,686.00. It is observed that the business is dormant or non-operational up till Dec 2005.

But why have 5 Directors, two Chinese company secretary, when the shareholders are 100% Bumis? Don't guess! It's against UMNO Malay Agenda. However, without the king-paymasters behind, the Bumis can get the project but can't pay and financed the implementation of the project; even the performance bond of 5% contract sum would amount to RM20 million. The rule of the thumb is that contractors will need at least 20% working capital and at least another 30% cash flow as this is a design-and-built project (that is approx RM100 mil). I was even told that the proposed project was a some kind of payment-in-kind, that is, contractor to built the Istana and in return will not receive money but a substantial piece of prime land worth a lot. I can't confirm it.

But the directors' names rings your ear and you can continue from here to do the research.

No insinuation please, and it could be seditious. Read what the DPM said today:

Maya wins New Istana Negara Project

The Star had decided that Dr Amer Hamzah Mohd Yunus is now the New Director-General of Public Works Department (JKR).

In today's new, The Star wrote:

[Quote] Public Works Department director-general Dr Amer Hamzah Mohd Yunus said only 28ha would be developed into the new Istana Negara complex while the rest would be a garden area. [Unquote]

But the current D-G of JKR is Datuk Seri Professor Dr Wahid Omar!

Is it a mistake or was it intentional?

Prof Dr Wahid Omar is overseas. Dr Amer can only be an Acting D-G unless Samy Vellu had unilaterally decided to appoint a new D-G without the need to follow the General Orders and procedures and directed The Star to make the announcement.

Coming back to the news, the new, bigger Istana Negara will cost RM400mil and will replace the current Istana which was built in 1928.

The new Istana Negara to be built on a 96.52ha site atop a hill is expected to start work in June 2007 and slated for completion in 2009.

Upon completion of the new Istana, the present building may become a royal museum.

Kumpulan Seni Reka Sdn Bhd has been appointed the architect for the new palace and Maya Maju Sdn Bhd as the building contractor.

Maya Maju? Who's Maya Maju?

Maya? Sounds familiar?

Wait for further information. Doing research now.

PM: Pay as Contracted

PM wants government to make prompt payment for services and goods

Monday October 2, 2006

The Star Online

Prime Minister Datuk Seri Abdullah Ahmad Badawi wants Ministries, departments and agencies to make payment for services and goods provided to them without delay.

The Prime Minister has also ordered the Economic Planning Unit (EPU) and the Implementation and Co-ordination Unit (ICU) to issue reminders to the ministries and departments to make the payment as soon as possible.

“I want payments for goods and services provided to the Government be paid expeditiously. Do not wait any longer.

"If the goods had already been supplied and services has been provided to us, then there is no reason to delay payment.

“A contract is a form of promise and if the other party has carried out their part of the deal, then we should carry out ours, which is to pay them for their services,” he told staff of the Prime Minister’s Department at its monthly gathering here on Monday.

The Prime Minister said in Islam, it was important that responsibility be carried out and promises be kept, adding that fulfilling one’s part of the contract was viewed seriously by the religion.

He said delay in payments would not benefit the Government which did not want unpaid bills to pile up, making payment a problem.

“If we do not pay, a lot of people will suffer.

"Workers will not get paid, banks will not be paid for the loans issued and suppliers could not supply construction materials because of they get paid late.

“This will cause anger and dissatisfaction against the Government.

"Therefore, I want to remind ministries, department and agencies to expedite payments and I want the central agencies to remind them on this,” he said.

Cakap boleh serupa bikin kah?

JKR Sarawak to be Revamped

16th August 2006, Eastern Times

Chief Minister, Pehin Sri Haji Abdul Taib Mahmud said three state government departments including JKR (PWD) will be revamped soon for greater efficiency and accountability.

According to the chief minister, previously every piece of government work was done by JKR and the work done was according to specifications and the estimated cost. But with more of the projects given out to the private sector, JKR supervision becomes superficial and it is crucial that the government’s interest is protected through contract management.

Taib stressed that the government must have an effective machinery to protect its interest while ensuring all the proposed development projects were well planned and evaluated in terms of costs.

Taib suggested that JKR have its own team of legal officers who were experienced enough to access and ensure work supervision and specification were rigidly adhered to. He said the interest of the government must be protected. He added that fewer junior engineers would be required after JKR was revamped. Instead more experienced senior engineers would be needed for certain specific works.

Engineers in JKR must be able to understand contractual terms and conditions and the risks involved such as loss and expense claims, Extension of Time (EOT) evaluation and the consequences of failure to grant a fair and reasonable EOT. Apart from this, engineers must also understand their fiduciary duries and implications of certification of payment, Liquidated Ascertained Damages (How and when to issue Certificate of Non-Completion and what condition precedent before deduction of LAD), How and when to issue Certificate of Practical Completion, Defects Liability Management and when to issuance of CMGD ( and consequences of failure to issue defect list within the period stipulated), Legal implications relating to Final Accounts, disputes and valuations of Variation Orders (differences between lump sum contract, Unit-rates contract and Design-built contracts), Remeasurements, Lump Sum Contract applications and legal aspects relating to variation omissions, duties and responsibilities of engineers and consulting engineers, how and when to issue engineers' instruction and the implications arising thereof, in particular, loss and expense claims, delay in possession of site and damage claims, acts of prevention to completion, breach of contract and breach of reciprocal promise, the application of Contracts Act 1950 and the Common Law of UK, Standard Forms of Contract, exclusion clauses, etc.

Do they already know? Do general legal advisors know? Will they be able to advice competently? There's a saying: Lawyers are those who pass the law exam; not necessarily adequately competent in the knowledge of construction contracts and dispute management.

What about JKR Semenanjung, Malaysia???

Will the tide comes? En Adib, what do you think?

P/S Thanks James!

MRR2 Re-Open to Light Traffic

MRR2 reopens to light traffic

Light vehicles can now use the Kepong stretch of the Middle Ring Road II (MRR2), closed in March for repairs to structural defects.

Two lanes opened on both sides at 2pm yesterday but the third – the fast lane – would remain close for structural reinforcement works.

Works Minister Datuk Seri S. Samy Vellu, who visited the site yesterday, said these lanes, however, would be closed every weekend from 10pm on Saturday to 6am on Sunday.

He said the Public Works Department was also repairing a stretch on the MRR2 between the bus stop near the Manjalara junction and the access road to the Forest Research Institute of Malaysia near Taman Indah Perdana.

Samy Vellu said repair works on the MRR2 was 70% complete and “progressing smoothly without any delay.”

“Preliminary pier crosshead reinforcement work on all the pillars has been completed. This is to allow light vehicles (below 2.1m in height) to ply the MRR2,” he said.

“Further structural reinforcement work is being done on all pier crossheads and is expected to be completed by the end of November.”

Samy Vellu assured motorists that the MRR2 was now safe and “above the international standard safety benchmark.”

On the RM52.85mil interchange linking the new Sungai Buloh Hospital to the North-South Expressway, he said he expected it to be opened to traffic from Aug 14.

Samy Vellu also said repairs to the Sierra Mas bridge in Sungai Buloh, damaged by floods recently, were set to be completed by the end of this month, and the bridge would be opened on Sept 1.

He also said the Government has approved RM110mil for the repair and upgrading of more than 300 bridges nationwide.

“Some bridges need major repairs while some minor ones.”

NST Report: MRR2 reopens and it's 'safer than ever'

Samy Vellu said the cost of repairs was still being calculated although earlier estimates had pegged it at RM40 million. Contractor Bumihighway, which built the initial stretch, is paying for the repairs.

Structural reinforcement is being done on all pier crossheads and is expected to be completed by the end of November.

The MRR2 was closed for the first time for three months from Aug 8, 2004, and reopened in November last year.

The decision to close the stretch for a second time came after cracks were discovered and a study by independent consultant, Halcrow Group Limited of Britain, found cracks on 31 of the 33 pillars of the flyover.

The company said a design flaw and improper anchorage of the crossbeams on the concrete columns were to blame.

Repairs to the 1.7km stretch included water-proofing and installing metal braces as recommended by Halcrow.

MRR2 - Work Minister v JKR

That's a BULL-SHIT, Samy!

The PWD never suggested Halcrow; the former Director-General suggested.

In the first place, PWD had suggested Leonhardt Andra. When the problem of MRR 2 surfaced, the PWD Cawangan Jalan (Roadworks Department) Director was Datuk Razali and by convention, Cawangan Jalan reports directly to the Timbalan Ketua Pengarah I which was at that time under the leadership of Deputy Director-General Datuk Prof Dr Wahid. Datuk Wahid who had been consistent in his judgment and actions when interviewed by the PAC. By some political maneuver, Dr. Wahid was removed from his power-base and substituted by his junior colleague in order to fulfil the conspiracy of the power that is, and power that had been.

By God's grace, this honest engineer survived the political trauma and turmoil and by the grace of the Almighty, was blessed and promoted to the top post of D-G this year. Being the honest man that he had been, and will continue to be, irrespective of the fact that he had put his head on the chopping block for the political master to slay at his convenience, the new D-G stayed consistent to his profound knowledge and insist that 33 beams must be repaired instead of the 13 nos as suggested by Halcrow which was seen as some kind of compromise. Leonhardt Andra, one of the world reknown structural engineers will not compromise on the structural integrity; Halcrow had been seen as much accomodating to the wills of man.

Bridgex Sdn Bhd was appointed to carry out the repairs and the cost is anticipated to be approx RM40 million. The government is paying for it, as announced by Samy Vellu. The repair is in progress but the political trauma hasn't stopped. The political master wants blood; and the honest engineer may have to pay because the prime minister cannot and hasn't the power to protect honest civil servant.

MRR2- Samy said Govt will pay for repair

Samy Vellu said the repairs to the cracks on the Kepong flyover of the Middle Ring Road Two (MRR2) are expected to be completed on June 30.

He said the German consultant firm, Leonhardt Andra and Partners, would complete the repairs in four months.

Samy Vellu said the repairs involved "structural strengthening". "It involved fabrication of the tie frames, better known as steel frames, in Kapar beginning March 1." Samy Vellu said the steel frames would temporarily replace all the crossheads at the flyover during the repair work. "The installation of the steel frames will begin at pillar No. 31 on March 15." Samy Vellu said the Public Works Department (JKR) had submitted the plans to the contractor for work to begin on Feb 27. "Crack mapping is being undertaken in 35 locations, that is 31 piers and two abutments," he said, adding that the procedure had been completed on 14 piers and one abutment.

Samy Vellu said crack mapping would be completed on March 12. Asked whether the flyover would be opened to traffic after June 30, he said the JKR would conduct an investigation and monitoring to determine whether it would be safe for use.

The minister had said earlier that the government would foot the RM40 million cost of repairs and claim the cost from the contractors of the flyover.

The repair was largely due to design problem. The project is a Turnkey-Design & Built Contract costing $238.8 million. Contractually, the contractor is fully responsible for the defects and at such shall be held liable for the damages incurred.

Sukmim, Bumi Hiway and KKM (Wilayah)was the main contractor.

How is it that the government would pay for the repairs? Is the minister nuts?

MRR2 - Cabinet Decides

New twist of events! The Board of Engineers (BEM) on instruction from the Prime Minister Pak Lah had arbitrated on the MRR2 issues and had made the final recommendations to the cabinet.

The events that lead to the Prime Minister's call to BEM to arbitrate arises because of internal disagreement between the boss - Works Minister, Samy Vellu, and his department, JKR on the structural repair reports. Samy wants to follow Halcrow's recommendation for rectification which was purportedly a face-saving (for himself) and will cost less for the contractor Bumi Hiway. Public Works Department (PWD) are convinced that the contract terms stipulate that the Turnkey Contractor is fully responsible and liable to make good the Work in full complaince of the terms of conditions of contract pertaining to design quality specified. PWD thus wants to Contractor to fulfil its obligations and ensure that the flyover meets the qualified quality specified. (read more here)

Based on the contractor's view, the repair works is basically patching and grouting the cracks. Based on Halcrow, it will be slightly more - it include some strengthening works. But based on Kohler & Seitz (the structural engineering consultant from Germany), the repair should be comprehensive to ensure the structural integrity will not be affected over a long term. However, it is estimated to cost RM40 million.

Update: I was informed that Leonard Andra & Partner is the consultant. The repair specialist contractor is yet to be appointed by tender or negotiation. Leonard Andra is not a repair specialist but a world-known structural engineering consultant. So, how the hell did Samy Vellu said today the decision was reached at the last Cabinet meeting and the ministry’s secretary-general is discussing with the consultants on the conceptual layout of the work plan, which will be ready by the end of this month and that it would cost $40 million?

Samy said: "They have assured us that the repair work on 31 pillars would be completed in four- and-a-half months."

The contractor rejected Kohler & Seitz's recommendation. Samy was sympathetic towards the contractor and got in Halcrow to conduct another study. However, JKR was of the opinion that Halcrow seemed to suggest limited repair works, sufficient (tho' inadequate) to meet the minimum requirement and compliance. JKR was of the opinion that the contract stipulates that it is design and built to the specified and agreed quality and standards and will not accept second best, just because the cost of repair will be mammoth - that's the contractor's problem and if the contractor can convince the government to pay for them using taxpayers money, and if the government agreed, then JKR had to take instruction. Samy seemed to suggest that the government had to step-in to pay for it as it would be too much for the contractor to pay. The cabinet disagreed.

The final decision:


The Cabinet has decided to appoint a German consultant to spearhead repair work on the Middle Ring Road 2 in Kepong.

Works Minister Datuk Seri S. Samy Vellu said today the decision was reached at the last Cabinet meeting and the ministry’s secretary-general is discussing with the consultants on the conceptual layout of the work plan, which will be ready by the end of this month.

"They have assured us that the repair work on 31 pillars would be completed in four- and-a-half months," he said. The cost is expected to be more than RM40 million.

Samy Vellu said the cost was initially estimated to be around RM18 million but it has more than doubled after it was decided that all the 31 pillars need to be repaired simultaneously.

So now, who is going to pay for the repair? Bumi Hiway of Government?

Maybe, Khairy can mediate and settle in the Malaysia Boleh spirit! Good luck to Bumi Hiway if they can Kau Tim this toy guy.

Read more here:

MRR 2

Samy vs JKR

MRR2 Repair to Begin

MRR2 - Damned Vinci Code

What? JKR not allowed to make an engineering design-decision regarding the methods of rectifications for MRR2 which was attributed to design shortcomings? The Prime Minister decides to mediate and calls on the Board of Engineers to be the court of final resort on the MRR2 Debacle? Isn't JKR under the Ministry?

The dispute - Works Minister wants to follow Halcrow's recommendation for rectification which was purportedly a face-saving (for himself) and will cost less for the contractor. Public Works Department (PWD) are convinced that the contract terms stipulate that the Turnkey Contractor is fully responsible and liable to make good the Work in full complaince of the terms of conditions of contract pertaining to design quality specified. PWD thus wants to Contractor to fulfil its obligations and ensure that the flyover meets the qualified quality specified.

However, Works Minister Samy Vellu admitted that some weakness in the design and climatic factors had contributed to the cracks in the Middle Ring Road 2 (MRR2) viaduct in Kepong.

"There's some problem with the design but it's the weather in this country that contributed mainly to the structural problem," Samy said.

He gave an assurance that the MRR2 would be safe for use after it was repaired in four months at a cost of RM18 million and that the viaduct could be used for 95 more years because viaducts were normally built to last 100 years.

He explained that the cracks were not on the road but on the pillars and truss of the viaduct.

What kind of bullshit explanation is this?

As a civil and structural engineering design consultant employed by the contractor, it is their professional and fiduciary duty to ensure that the structural design do take into consideration of all aspects, be they environmental, social, and operational into the design.

Samy Vellu said that although the local climate had been taken into account at the initial stage, the hot and wet weather conditions contributed to the cracks, compounded by the pipe leakage at the viaduct.

What crabs are they? This is oxymoronic reason. How can he say that although the local climate had been taken into account, the hot and wet weather conditions contributed to the cracks? The weather conditions in Malaysia has remain the same -Tropical Climate with temperature ranging between 20-36 degree and rainfalls throughout the last 35 years have been consistent; often wet and dry with intermittent rainfall. Is there a reason why the design engineers had not considered the hot and wet climate consistent conditions in existence over the last 35 years? In Law, this can amount to reckless negligence and the design engineers may be liable in an action for tort, should JKR seeks legal redress.

Samy admitted that the design factors had contributed to the cracks. Doesn't this constitute a breach of contract by the contractor? Again, this breach would also amount to reckless negligence and actionable in Contract and Tort.

The disagreement between the Works Minister and PWD seem to stem from the question of which report to follow - Halcrow or Kohler & Seitz? Both are reputable civil engineering design engineers internationally. Applying the legal principles, unless both report is factually contrary, the rights of PWD is reserved and that PWD can elect to apply the recommendations from either. It is the burden of the contractor to rebut the presumptions in the Kohler & Seitz's report if they are disagreeable with the presumptions and findings of Kohler.

However, it is observed that the Works Ministry is sympathetic towards the contractors possible hugh financial liability should the German consultant's recommendation is followed.

Isn't it absurd? Works Ministry is siding the contractor and fighting against their own department?

JKR has hundreds of PhD design engineers who are fully competent and highly skillfull in engineering design and the department is headed by the nation's best structural design engineer who happens to hold a doctorate in structural design.

By convention and the rule of law, the Works Ministry is not suppose to interfere with the engineering design aspects and decision-making. The Minister is suppose to administer the system and process and listen to their experts. If the department lacks the competency and ability, and are unable to provide a justifiable engineering solution, then only can the Minister step in to provide guidance and assistance by seeking external expertise.

However, it can be seen that non-engineers are making engineering design decisions and expert engineers are mouth-strapped and put under duress.

More puzzling is that the Prime Minister had to step in to mediate the differences and being a "Good-Guy", decided to call in the Board of Engineers to be the Court of last resort. What is happening to Malaysia? Are we having leadership crisis or a clash of civilisation?

MRR2 - Damned Vinci Code

What? JKR not allowed to make an engineering design-decision regarding the methods of rectifications for MRR2 which was attributed to design shortcomings? The Prime Minister decides to mediate and calls on the Board of Engineers to be the court of final resort on the MRR2 Debacle? Isn't JKR under the Ministry?

The dispute - Works Minister wants to follow Halcrow's recommendation for rectification which was purportedly a face-saving (for himself) and will cost less for the contractor. Public Works Department (PWD) are convinced that the contract terms stipulate that the Turnkey Contractor is fully responsible and liable to make good the Work in full complaince of the terms of conditions of contract pertaining to design quality specified. PWD thus wants to Contractor to fulfil its obligations and ensure that the flyover meets the qualified quality specified.

However, Works Minister Samy Vellu admitted that some weakness in the design and climatic factors had contributed to the cracks in the Middle Ring Road 2 (MRR2) viaduct in Kepong.

"There's some problem with the design but it's the weather in this country that contributed mainly to the structural problem," Samy said.

He gave an assurance that the MRR2 would be safe for use after it was repaired in four months at a cost of RM18 million and that the viaduct could be used for 95 more years because viaducts were normally built to last 100 years.

He explained that the cracks were not on the road but on the pillars and truss of the viaduct.

What kind of bullshit explanation is this?

As a civil and structural engineering design consultant employed by the contractor, it is their professional and fiduciary duty to ensure that the structural design do take into consideration of all aspects, be they environmental, social, and operational into the design.

Samy Vellu said that although the local climate had been taken into account at the initial stage, the hot and wet weather conditions contributed to the cracks, compounded by the pipe leakage at the viaduct.

What crabs are they? This is oxymoronic reason. How can he say that although the local climate had been taken into account, the hot and wet weather conditions contributed to the cracks? The weather conditions in Malaysia has remain the same -Tropical Climate with temperature ranging between 20-36 degree and rainfalls throughout the last 35 years have been consistent; often wet and dry with intermittent rainfall. Is there a reason why the design engineers had not considered the hot and wet climate consistent conditions in existence over the last 35 years? In Law, this can amount to reckless negligence and the design engineers may be liable in an action for tort, should JKR seeks legal redress.

Samy admitted that the design factors had contributed to the cracks. Doesn't this constitute a breach of contract by the contractor? Again, this breach would also amount to reckless negligence and actionable in Contract and Tort.

The disagreement between the Works Minister and PWD seem to stem from the question of which report to follow - Halcrow or Kohler & Seitz? Both are reputable civil engineering design engineers internationally. Applying the legal principles, unless both report is factually contrary, the rights of PWD is reserved and that PWD can elect to apply the recommendations from either. It is the burden of the contractor to rebut the presumptions in the Kohler & Seitz's report if they are disagreeable with the presumptions and findings of Kohler.

However, it is observed that the Works Ministry is sympathetic towards the contractors possible hugh financial liability should the German consultant's recommendation is followed.

Isn't it absurd? Works Ministry is siding the contractor and fighting against their own department?

JKR has hundreds of PhD design engineers who are fully competent and highly skillfull in engineering design and the department is headed by the nation's best structural design engineer who happens to hold a doctorate in structural design.

By convention and the rule of law, the Works Ministry is not suppose to interfere with the engineering design aspects and decision-making. The Minister is suppose to administer the system and process and listen to their experts. If the department lacks the competency and ability, and are unable to provide a justifiable engineering solution, then only can the Minister step in to provide guidance and assistance by seeking external expertise.

However, it can be seen that non-engineers are making engineering design decisions and expert engineers are mouth-strapped and put under duress.

More puzzling is that the Prime Minister had to step in to mediate the differences and being a "Good-Guy", decided to call in the Board of Engineers to be the Court of last resort. What is happening to Malaysia? Are we having leadership crisis or a clash of civilisation?

SAMY: Only I can Approve Project!

Which PWD project is not approved by the Work Minister?

MRRII, Cameron Highland roads (where the slope collapsed), Simpang Pulai-Lojing-Ayer Raja Road (slope failures), East-West Highway (slope failures), North-South Highway (rockfalls & mudslides), and include all those projects that had been terminated, abandoned, or failed, such as the Hospital Tun Aminah, Cameron Highland Hospital, School projects, etc. Of course we can exclude projects such as Matrade Building, Computer Labs, and Army Camp Gemas which are awarded to PMC by the relevant Ministries.

Now, Samy said he wants all road projects that involve cutting into hillslopes to get the approval of the Works Minister. The new directive covered the construction of reserve areas for road-widening projects along hilly and coastal areas. All Public Works Department (PWD) heads have also been directed to get his personal approval for every road development project close to hillsides.

“We want to ensure there is no indiscriminate cutting of hillslopes,” Samy said.

Commenting on the on-going road-widening project on the hilly Tanjung Tokong-Batu Ferringhi road in Penang, Samy Vellu said the ministry had decided to relax width requirements on the road reserve along the stretch to protect the hills. “If we were to follow the PWD’s standard requirement, the project would result in the cutting of hills in Batu Feringghi. “We don’t want this to happen and have decided to reduce the required road-reserve width from 19.8m to only 15m to save the hills along the 15km stretch,” he said.

So, with the new directives, the Work Minister is empowered to twist and bend the code of practice, rules and regulations to suit. What is needed now is to Kau Tim him and you can have road reserve at 15m or even less, maybe, no need to have road reserve at all.

I thought if any land is inadequate to meet the requirements of road reserve, for reasons such as safety of hill-slopes, then the road should not be allowed to be built or approved. Instead, an innovative solution is provided so as to facilitate approval. If that's the case, the code of practice and regulations should be amended; not by way of unfetted discretion which will lead to abuse of power. A soultion to a problem will breed new and far potent problems (Murphy's Law).

Plaza Damas Probe Committee

Former Public Works Department (PWD) Director-General Tan Sri Omar Ibrahim was appointed by the Works Minister Datuk Seri Samy Vellu to be the chairman of the committee that will probe into the accident that killed management consultant Dr Liew Boon Horng.

This committee was set up within the Malaysian Construction Industry Development Board (CIDB) as the Investigations Committee and will include current PWD Deputy Director-General II Dr Judin Abdul Karim and PWD Director of Expert and Civil Engineering Branch P.N. Selvanayagam. Other members of the committee would be selected by Tan Sri Omar in consultation with the Works Minister and the CIDB.

I am sure Tan Sri Omar, a person who commands high respect, will do his job thoroughly and efficiently. Tan Sri Omar is recognised as a NO-Nonsense guy and he doesn't curry flavour or compromise his integrity.

But what suprised me is two key elements:

First, why is CIDB involved in such investigation? In the first place, CIDB had never shown to be involved actively in monitoring or controlling the construction projects in whatever role that can tangibly be said to have proactively, nor productively, being a partner of the industry other than to spent time in India trying to secure some projects and selling it to the few high profile Malaysian contractors for a percentage of commissions.

Since the setup of CIDB decades ago, what had been seen of CIDB in the eyes of contractors and property developers is that they exist to collect 0.25% of the project contract sum from the contractors for each and every construction project exceeding $500,000. Thereafter, nothing beneficial had been done to assist the contractors other than to ensure that the contractors register themselves with them, buy the green cards issued by CIDB, and apart of this, is the great Indian mission of projects.

Each year, more than RM20 billion worth of government project had been executed and awarded and out of which, 0.25% will be worth RM50 million. Should we include private projects, the collections by CIDB would be worth around RM100 million. After collecting these contributions from the contractors, what had the contractors benefitted? Absolutely nothing; asked any contractors!!!

As the industry regulators and promoters, CIDB should had never played a beneficial role to contribute positively the development of the construction industry standards, in particular, the standards of construction methodology and quality of the works. Somehow, it's role is somewhat like a tax and debt collector, licence operator, and now, the new role is investigator and policemen of the contractors.

Is it the way that Malaysian government set up regulatory institutions?

Take an anology: If parents duty to their children is to police them of their activities and punish them if they are naughty; cane them when they don't study or fail in their exam; scold them if they don't behave; and slap them if they are delinquent; would you think the children will become a better person when they grow up? Would you think the children will learn to behave better or improve themselves from such enforcement?

Governmental institutions such as CIDB, DOSH, City Hall, etc, should be playing active and proactive role in development and progression. It is not about enforcement and policing that can contribute to national development and improvement. It is being involved with the industry, understanding their weakness and needs, promoting quality, safety, and competence that we can see improvements and maturity.

The Human Resources Ministry wants answers from the Construction Industry Development Board (CIDB) on the 700 cases of negligence at project sites reported since 2003. Datuk Seri Dr Fong Chan Onn said his ministry would meet with the board this week to ascertain what was wrong in the industry. “We want to know the outcome of their investigations as CIDB has the power to issue stop-work orders and take action against errant contractors. We are serious as we do not want a repeat of the tragedy which happened in Sri Hartamas (Kuala Lumpur) last week,” he said. Dr Fong statement was in response to media reports about the 700 cases, which included 150 high-profile incidents.

I am not sure if Dr Fong understands the role and responsibility of CIDB and also whether CIDB understand their purpose of existence.

Secondly, I am puzzled at the committee that is set up to investigate the incidence at Plaza Damas. It seemed to consist of structural engineering design engineers. But the key problem that is involved in the incident involves the operation management of the construction activities, the mechanical engineering operation of hoisting steel moulds, clamping and locking of the craning and hoisting system, how the workers and supervisors control and monitor the craning, hoisting, fixing, removing and stacking the steel moulds. This concerns, project management, construction site operation management, tower-cranage management, safety and risk operation management of work activities and tasks. Nothing, absolutely nothing, is involved with structural engineering design.

It puzzles me - are they going to investigate the steel mould design? Are they looking into the reinforced concrete design? Are they going to check and analyse the scaffolding design and installation? What for? What the F**k for?

Primarily as I see it, the investigation should be centered on how the steel moulding operations are carried out from hoisting, installation, removal and stacking; how the safety of the work's operation were planned, monitored and controlled; and whether there any risk management - identification, quantification, response planning, risk monitoring, risk control, and workaround management? The analysis should include the methods of operation and resource competence such as the competence and control of tower-crane operation, how contractor execute and supervise their work and task operations, how they manage safety and risk, and whether the consulting engineers and architects of the project had played their professional roles of project management.

The committee should therefore include those who understand tower-crane operation, steel formwork system operation management (not design), construction management safety and health experts, mechanical engineers to analyse the hoisting and installation process for the steel moulding formwork system, project management experts in high-rise building construction, and construction-risk system managers.

At such, if the investigation committee is crowded with structural design experts, and government servants, including CIDB staffs, the presumption is that they understand nothing of contractors' operation management and process. Even those purported associated consultants of CIDB are good talkers, and none have been experienced as contractor's operation managers or had been construction site managers who had been involved in high-rise building construction management process in the role of the contractor's operation.

Unless you are been involved with the contractors in construction process and management role, it is hard for government servants irrespective whether they are ex-JKR or ex-consulting engineers, to be able to have insights to the real emphirical problem that caused such incident.

Fantasy and fallacy always prevail... I hope Tan Sri Omar truly understand and discover the profound knowledge of the contractor's operation.

New Retirement Age - Is it good news?

850,000 civil servants may have to serve an extra 3-years if the proposal is approved by the Cabinet next month.

This move was made in order to reduce the burgeoning pension bills as the government mulls over the financial implications of a pension bill that has tripled over the last decade. The pension bill had cost the government RM4.96 billion last year, a RM3.36 billion increase over the allocation in 1994. The number of pensioners are now 513,689.

Is this a good news for civil servant? Each one has to mull over it.

For me? My God, Alhamdullilah! Why? But I am not a civil servant? Oh, it doesn't matter. It was my aspiration. It was my hope. I had always been exploring into the civil service system, musing over their level of competencies, and inparticular, the recent change of hands in JKR. There was one man who, by the grace of God, was allowed to helm this giant institution after a long "waiting" and "shadow-politiking" by the oligarch. Finally, in July, the man did arrive; he is none other than, the most highly respected, but often scorned (by politicians and his past head-master) Professor Datuk Dr. Wahid bin Omar who was made the new Director-general of PWD.

Read my earlier posting (August 5, 2005).

I have been praying to the Almighty that something must happen; this new D-G is 54, and will retire in slightly more than one year time. He will not have sufficient time in this position to make the necessary changes, and have it effectively implemented, because the system will take ake him away via the compulsory retirement at 55. One year is far too short to get change effectively implemented. It will not be possible unless his term is extended. But there is no way to extend because we had a bureaucratic system.

My prayer - "May the hands of Allah and His blessings be showered on our new leader of change."

To my delight, the first thing that caught my eyes this morning is the frontpage news in NST - RETIRE AT 58! Now it is going to happen; Alhamdullilah, praise be to God!

I would like to repeat what I had already said in my earlier article:

"This man will USHER in a NEW ERA, an era of RADICAL CHANGE for the better; a change badly needed; the change that should wake up the sleeping gaint of construction industry and cause the industry to tremble. It may be a lesser range tsunami!

Many will celebrate, but some may despair, for this man will not accept mediocrity and officers with desultory character. Those flippant and insouciant, and those with purile mindset, they now have a wake-up call - this man will trumatise you!!!!

The system needs a radical change and only a visionary leader can lead this change. There is none who I believe can do better, and have such behemoth passion in his work. This man is damn honest and straight; that's the reason many had dislike him; sorry not dislike him, but dislike his courage and persistence. He has little patience for lack of competency; he loath cronyism and he doesn't know how to carry balls of the political masters. That's the reason why he can only afford to own a terrace house for the last 30 years or so. He will remain poor till he retires; tho' not poverty per se.

But I believe, he is a man satisfied and contented for what he has and what he has acieved. May God shower him with his wisdom and love, and most of all GOOD HEALTH. May the nation benefit from the service of this man's contribution and that in the next few years, we shall see a dynamic, competent and effective administration of government projects, whereby this one and only institution of construction, this JKR, will lead the nation and pave the way to achieve tangibly, the vision 2020, bringing in the structures and framework of an effective and efficient system administration, fully manned by a new breed of highly competent engineers and scientists, and setting the benchmark for all the other institutions to follow.

Hopefully, a much needed (to be) revamped CIDB will strive to emulate the feat of JKR, if not, at least perish; what we called "Die a Natural Death" so as to relieve all the contractors of the burden to contribute to the cost of the disease administration, and the contributions thus far, are sufficient to pay for the cost of an expensive coffins.

Lets observe and do some measurement; let's greet the arrival of the performance measurement system - now you can measure and track, and we can now use the six-sigma!!!!

JKR has a New DG

JKR New DG

SILENT; Unassuming & Where are all the journalist? All are hibernating, or pretend don't know?

GOOOOOOOd New! JKR has a new Director-General!!!

He is none other than the inspirational leader, Dato' Prof Ir. Dr. Wahid Bin Omar, the former deputy D-G. He was promoted, but there's no official public announcement! I happen to visit the website of JKR and to my awe, I saw a new picture as above.

We have waited for so looooong! Now it has happen! The government has finally brought in a humble, unpretentious but a visionary leader to shakeup the system - the system that manages our roads, public assets, and government development projects. This man will bring in a new era, an era of radical change for the better; a change badly needed - the change that should wake up the sleeping gaint of construction industry and cause the industry to tremble. Many will celebrate, but some may despair, for this man will not accept mediocrity and officers with desultory character. Those flippant and insouciant, and those with purile mindset, they will have a wake-up call - this man will trumatise you!!!!

The system needs a radical change and only a visionary leader can lead this change. Over the decades, we have too much political patronages and those ex-generals had a hard time making the necessary change - it's not that in the past we have weak leaders, but we have "Hand of god" at the legislative apex and middle-heaven, making directives and dictating policies and actions and these leaders seemed obedient. There was one DG who was brave but they quickly retire him the moment he touch 55.

Today, some of the higher hands had vanished while there may still be some around, but this new man is a straight and resolute person. He feared God and he will not budge for he has no fear of men. He knows his job and his competency in project management is second to none. He is a dedicated and devoted muslim - a muslim who lead by example. He is humble and he is brunt; he is often nice but he wield swords when necessary.

I can only pray to God that this new DG be blessed with longlife to serve the nation and the rakyat. I do pray that he will have sufficient time in this position to make the changes, effectively implemented, before they take him away due to compulsory retirement.

May the hands of Allah and His blessings be showered on our new leader of change

Alhamdullilah!

Project Failures - Samy Bares All

PMC puncanya, bukan JKR

"Dari tahun 1979 saya jadi menteri tidak pernah jadi macam ini"

- KATA DATUK SERI SAMY VELLU.

Utusan Online, 14th November 2004.

Datuk Seri Samy Vellu finally had finally the guts to come out in the open to bare all the viruses and worms that had plague the projects and had infected and infiltrated the whole Kitchen Cabinet.

Who was responsible for all the fiascos of project failures?

According to Samy Vellu, it is none other than the KSU, the Secretary general of the Finance Ministry who is the most powerful person in regards to decisions on project award.

This is what Samy says:

Tetapi orang yang bertanggungjawab itu ialah Ketua Setiausaha kementeriannya. Ketua Setiausaha saja yang memberi arahan dan dia selalu tidak boleh menerima pandangan lain. Dalam satu-satu mesyuarat kalau ada para pegawai dari JKR untuk menjaga kepentingan teknikal, dia selalu malukan mereka. Dia kata, kalau tidak tahu tutup mulut."

"Beliau sedar bahawa semua masalah itu hanya muncul setelah perkhidmatan Perunding Pengurusan Projek (PMC) diperkenalkan oleh Kementerian Kewangan pada tahun 1990-an."

WHO DECIDES TO SET UP THE PMC?

This is what Samy says:

"Ia ditubuhkan oleh Kementerian Kewangan pada tahun 1990-an. Peranannya ialah untuk memansuhkan projek-projek JKR. Ada kepercayaan bahawa sekiranya projek-projek itu diberikan kepada PMC ia boleh disiapkan dengan lebih awal, lebih cantik dan macam-macam lagi. Malah projek yang mereka siapkan itu sebenarnya lebih mahal."

According to Samy, In the early 1990s, Mahathir's Govt had decided to engage the service of a Project Management Consultant (PMC) which are a composite cartel with faces and looks that resemble a contractor, may look like consultant and had shown interest as property developers and that entity is registered with the Ministry of Finance. The set up of PMC was meant to hijack all JKR's mega projects. It was claimed by the PMC that they are more efficient, more cost effective and can do a better job than JKR. The results speaks of itself: - Computer lab projects, Matrade Building, Hospital Sultan Ismail di Pandan, Johor, Kangar Hospital, Cameron Hospital, Langkawi School projects, et al; all these projects are now reverted back to JKR for reorganization and restructuring - to mitigate the damages done, and the multi million loses incurred; all tax-payers money.

As revealed by Samy, the PMC is a private entity who had only 2 officers manning the company - a managing director and a deputy managing director, and NO others. The Government, via the Ministry of Finance had entrusted and delegated the power to this PMC to appoint and select any contractors, design engineers, consultants, and nominated sub-contractors for all projects parked within their jurisdiction or those within the jurisdiction of the Ministry of Finance.

Snip from the interview:

Q: "Sebenarnya apabila Kementerian Kewangan sudah memberikan sesuatu projek itu kepada sesebuah kontraktor, tanggungjawab saya sebagai menteri hanyalah mengarahkan JKR supaya melantik kontraktor itu. Saya memberikan kuasa kepada Ketua Pengarah JKR untuk melantik kontraktor itu untuk harga yang telah ditentukan. Itu saja.

Ini bermakna Kementerian Kewangan mempunyai kuasa yang lebih besar walaupun Kementerian Kerja Raya mempunyai pakar yang boleh memberikan nasihat?"

SAMY REPLIED: YA, BETUL.

Q: Siapakah yang memeriksa PMC?

SAMY: TIADA SIAPA. (believe it? NObody manages or control or audit the PMC!!!)

Q: Kerajaan ada JKR tetapi kenapakah kerajaan memilih untuk memberi kepercayaan kepada badan swasta mengendalikan projek yang bernilai berjuta-juta ringgit? Apakah rasionalnya?

SAMY: Ada satu jawapan saja kepada soalan ini. Kata mereka, kerja-kerja itu boleh disiapkan dalam jangka masa yang cepat.

Q: Tanpa mempedulikan soal kos?

SAMY: Ya, tanpa mempedulikan kos. Apabila JKR membuka tawaran bagi setiap bilik darjah dengan harga RM55,000, ada juga pemaju yang bersedia menyiapkannya. Tetapi sebuah bilik darjah yang ditawarkan melalui PMC ada yang berharga RM95,000 dan ada juga yang mencecah sehingga RM120,000.

Kosnya sekarang sudah jadi berganda. Apabila kita tanya kenapa harganya jadi begitu tinggi mereka nanti akan beri berbagai-bagai penjelasan.

Sekolah-sekolah yang dibina dengan harga yang tinggi itu memang cantik-cantik. Tetapi siapa yang hilang wang? Kerajaan.

Q: Adakah pemaju-pemaju itu dapat menyiapkan projek-projek berkenaan dengan cepat seperti yang dijanjikan?

SAMY: Tidak juga. Ada sekali itu JKR telah diminta supaya mengeluarkan satu tawaran untuk pembinaan 500 buah sekolah dan kita sudah memilih lebih daripada 200 pemaju untuk melaksanakannya.

Tetapi apabila sampai masa kita hendak mengeluarkan surat niat, JKR telah diminta supaya menarik balik semua tawaran itu dan menyerahkannya kepada PMC. Semudah itu saja.

Q: Apa yang istimewanya tentang PMC ini?

SAMY: PMC LEBIH KUAT DARIPADA KITA.

Believe what you hear from Samy? PMC is stronger than Ministry of Works?

Is this the Government we had? That even the MINISTRY can be overruled by a PMC?

How is it that this can happen?

How is it that the Government had developed a dinosaur from a lizard within such a short span of a few years that is capable to destroy the Works Ministry and billions of dollars of project?

Who is behind the PMC?

Who's the GODFATHER behind it?

It cannot be the Jews?

Only UNMO can answer it; TRUST me!

"POS SLIM HIGHWAY DANGEROUS," says Samy vellu

PWD PERAK REFUSED TO ISSUE CF ON SAFETY OF HIGHWAY, BUT......


The Simpang Pulai-Cameron Highlands stretch of the East-West Highway will be closed daily after sunset until further notice. The closure was ordered by the Cabinet today after engineers recently found that the stretch was too dangerous for motorists. It was earlier reported that water had seeped into the slopes along the highway and some movement had been detected, especially between Pos Slim and Kampung Raja. Samy Vellu had also said that there was some movement of between 0.3m and 0.45m.

On the 4th Feb 2004, The Star reported that the 282mil highway from Pos Slim to Kampung Raja in Cameron Highlands is completed but PWD has refused to issue a safety certification for the road. The PWD feels that it’s dangerous for use as km22.5 and 25.5 is too steep and prone to landslides. The slope gradient was not constructed in accordance to the PWD standard. The PWD is of the opinion that the construction has not met its requirement.

On 17th October 2004, The Star again reported a statement from the State Director of Perak PWD, Datuk Dorairaju. “We know the road was not really completed when we opened it in February. It was opened after pressure from the people in Cameron Highlands who were affected by a landslide near Ringlet,” commented Datuk Dorairajoo.

According to Samy Vellu, the Works Ministry was considering closing the highway in order to facilitate the construction of a proposed new tunnel which will be 1.5km long. The tunnel is expected to cost between $30-50million.

QUESTION: Why was the tunnel not designed and built by the earlier Turnkey Contractor? Is it a question of design omission, or a failure of the PMC & design consultants to take into consideration the fundamental requirements during the earlier contract? Is there a Failure of Duty of Care, Professional Negligence and can TORT actions be taken? Or, did the Turnkey contractor failed to comply to the requirements stipulated in the Need Statement of the contract? The project was a Design-Built-Lump Sum contract from point A to point B (as per the need statement from PWD). How could it be that we now say we will need a tunnel when the designers had not deemed necessary at the point of the contract been made? Was the designer over-ruled? Did the contractor short-change the Government? PWD and Works Ministry had to answer it point blank and not hide behind the maxim of Act-of-God again. Infact, ACA should be as pro-active as they had been with the Karak Highway investigation, by investigating this problem. Coincidently, both the problematic highway (Simpang Pulai- Kampung Raja and Karak Highway) were constructed TURNKEYED by MTD Capital.

The problem that have surfaced now and more to come in the future was predictable and known-knowns. It is just that our Ministers choose to side-step the issues that were raised before it happen (before the contract formation), and hope it doesn't happen (after the contract completion). JKR Perak knew of the problem. They couldn't talk out loud as they may lose their job and income.

Well, Murphy's Law again: If you think it can happen, It will happen! & The solution to a problem breeds new and more virulent problems. Problem begets problem. Inefficiency breeds inefficiency.

Datuk Seri Samy should admit his delinquency and work towards an effective solutions, even if it has to be painful to vindicate himself. He should not be shielding incompetencies and the incompetent contractors. He must wake up, and for once, solve those problems he had allowed to happen when he concurred on those decisions with his fello cabinet ministers, of which he shall have to accept responsibility and the consequences for the last 20 years of folly and political patronage.