Professional Documents
Culture Documents
Hazop Model Requirements
Hazop Model Requirements
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220
Appendices
Appendices
Appendix A Appendix B Appendix B1 Appendix B2 Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H Appendix I
Guide For An EIA Reports Report Format and HAZOP Study and Checklists HAZOP Checklist for Sewage Treatment Plant HAZOP Checklist for Pump Station Basic Guide of Sewerage Layout Plan Submission in Digital Format Content for Operation and Maintenance Manuals Tabular Amounts of Performance Bond Standard Format for Performance Bond Bank Guarantee for Upgrading of Existing Public Sewerage System Letter of Indemnity for Upgrading Works Typical Project Signboard for Upgrading Works
221
Appendix A
GUIDE FOR DETERMINING THE NEED FOR AN EIA Developments of certain criteria will require an EIA study that covers its sewerage works proposals. The EIA must be submitted and approved by the Department of Environment (DOE) prior to detail sewerage works planning approval. However, regardless of the type and size of a development, all sewerage works will need to submit a complete Environmental Criteria Evaluation form. Development EIA
As per the Environmental Quality Order (Prescribed Activities) (Environmental Impact Assessment), 1988, Schedule 7, for a development that covers an area of 50 hectares or greater, the developer must obtain an EIA approval for the entire project. A section of the assessment must cover the sewerage aspects of the development, which includes the network system, sewage treatment plants, and/or sludge treatment facilities. The EIA must address land area requirements for the STP and ensure sufficient buffer to minimize impact onto its surrounding developments. Buffer requirements as stipulated in this guideline must be addressed.
Preliminary EIA
All STPs constructed by government or its appointed agents, and STPs constructed by developers which are given permanent status and to be handed over as regional public STPs would require a separate preliminary EIA approval from DOE.
222
Appendices
The methods presented here are not intended to be prescriptive and a certain amount of flexibility will be required to apply these techniques to different types of projects with different contract strategies.
1.0
HAZOP Study
HAZOP study is a procedural tools designed to identify the safety and operability deficiencies in the design of a treatment facility. Once a potential cause has been identified in the HAZOP study, the HAZOP study team will identify the potential consequences. If the cause is feasible, and the consequences severe enough, a member of the study team may have to investigate the potential means of eliminating or reducing the problem. Fact finding actions may also be raised if sufficient information is not available at the meeting to discuss causes and consequences.
2.0
HAZOP Study ideally should have team members of multi-disciplines involved in the design and operation of the plants. Team members must have a detailed knowledge of the design intentions and/or intended operation of the plant. The team must contain people with sufficient knowledge and experience to identify and understand the consequences and importance of deviation or deficiencies pertaining to design of the plants.
3.0
Upon ultimate completion of a HAZOP, i.e. once all actions have been satisfactorily resolved, a HAZOP report will be produced and the report should consist but not limited to the followings:
1. Executive Summary 2. HAZOP Signoff Sheet 3. Introduction and Objective 4. HAZOP Methodology and Techniques 5. HAZOP Team, Attendance and Meeting Agenda 6. The minutes of the HAZOP Study conducted comprising issues raised and action or
safeguard taken to resolve the issues, significance of issues raised, amended detailed drawings to suit the HAZOP requirements and signing off of actions by the responsible party
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Appendix B1
YES
NO
1.0 Overall Layout of Treatment Plant 1.1 General Layout Property are fenced and gated and the fence height. State where these problems/impacts occur and give a description of the method employed in controlling these impacts. a. Odour Control b. Noise Level c. Visual (Landscape) Are all tanks and chambers above the safe flood level and the highest flood level of the nearby rivers/drain and design to what flood return period. Are there any buried pipelines or cables under buildings within the treatment facility and is it clearly indicated on the layout drawings. The layout of temporary diversion and location of temporary treatment facilities. Where is the location of the screening bins and what is the basis of sizing the bins area. Are lifting devices provided and state what type and their location and capacity.
1.2 Access Road Is the facility located near to a public road to allow immediate access to the plant/facility? If not, state where is its access route. Are the ingress and egress routes to and from the plant suitable for desludging tankers? Are the entrance and exit gate nearby the public road Road access should be provided adjacent to the equipment or crane extended to the nearest road. If fixed crane beam extends over the road,the minimum vertical clearance shall be 5.5m. Adequate signage provided Head clearance for tanker trucks entering the gate provided and what is the clearance height.\
224
Appendices
COMMENTS
Sufficient turning radius on the roads to enable access and maneuverability for tankers and heavy vehicles. Location of sludge desludging area is suitable for tankers to access and empty the sludge into the chamber.
1.3 Handrails/Guardrails and Access Ladders Have safety handrails or grating been installed at walkways and around open holes at the plant? Toe plates and kick plates shall be fitted along the outer edges of all walkways or ladders and shall be part of the structure and not the floor panels. Toe plates shall extends 100mm above the top level of the floor panels. Floor panels shall be sized so that each panel does not weight more than 50 kg. Handrailing provided at all places where there is potential of falling around al tanks and other places where falling height is greater than 1.5m. Is staircases provided where height is greater than 300 mm. Fixed ladder to access working areas for purposes of servicing, maintenance or normal operation works.
1.4 Precaution Against Damp All wall mounted equipment is fitted with spacers to provide minimum gap of 5 mm. All holes in equipment is sealed against the ingress of water Any items exposed to weather or water shall be free of water traps and drain holes shall be provided where necessary. Electrical equipment which is not sealed against free movement of air shall be protected from condensation with anti-condensation heaters and thermostatically controlled.
1.5 Substation / Electricity Meter/ Lamp Post Location of electricity meter or the substation Is adequate street lighting provided around the plant and what is the number of lamp post provided
225
COMMENTS
Are all buildings and major process units at the treatment facility lighted adequately
30 m minimum from fence to nearest habitable building property line within residential and commercial development 20 m minimum from the fence of treatment plant to the nearest property line within industrial development 10 m minimum from the fence of the treatment plant to the nearest habitable building property line if the proposed treatment plant is fully enclosed.
1.7 Effluent Discharge Point Where is the location of effluent discharge point for the facility and is it clearly indicated on the layout drawings with relation to existing receiving water bodies.
1.8 Water Supply If tankers and desludging activities take place, is there provision for stand pipes for cleaning purposes. Where is the location of the stand pipe and location for toilets for operators to change and clean themselves after work.
2.0 Screen Chamber (Fine And Coarse Screens) 2.1 Bar Screens Dewatering or perforated plate or trough, provided for ease of maintenance of the screens
2.2 Mechanically Raked Screens Automatic conveyor to transfer screenings to skips. Screen motor located above the high water level and access provided for maintenance. Provision of explosion proof floodlights. Provision of emergency stop button at a convenient and visible location
226
Appendices
COMMENTS
A working platform for ease of operations and maintenance. Provision of hand rail or guard (Refer to item 1.3) Location of screening bins must be near the screen area. Bins provided should have adequate capacity and must be equipped with leachate collection tray and covers to prevent odour release. Bins should be provided with rollers.
2.3 General Provision of staircase access with sufficient width (Refer to item 1.3) All screen chamber sumps to be fully open at the top for good ventilation Inlet penstock provided to isolate the inlet works for maintenance purposes. All drive units shall be weatherproof
3.0 Pump Sump Emergency overflow pipe to by-pass the influent sewage during power failure (away from residents) and location of overflow pipe discharge. Provision of crane for maintenance purposes Sufficient access to the pump station either from the top surface or via entry from the screen chamber Is dry well provided with force ventilation and air outlet shall be located adjacent to pump motors to assist cooling Lighting systems shall be interconnected with ventilation Provision of handrails and MS grating (Refer to item 1.3) If the valve chamber is located in the sump, the opening of the valve chamber shall be enclosed with MS grating Provision of working space or platform for ease of operation in both wet well and valve chamber
227
COMMENTS
Dry well adequately lit and it should be weather proof, vapour proof and explosion proof. Miscellaneous Issue
4.0 Grit Chamber Provision of working platform along the grit channel. Provision of handrails or guardrail at exposed sumps or elevated working areas (Refer to item 1.3). Provision of grit storage bin or skip with rollers, perforated tray and covers Easy access to the grit removal facility by dump trucks and sufficient maneuver space (Refer item 1.2). To provide a chute to remove the grit into the skips. To provide sufficiently big grit chamber for ease of maintenance. To provide a drain pipe to drain water into the pump sump to avoid ponding. Provide steps into the chamber (pump). Misc Issues
5.0 Grease Chamber Provision of working platform along the grease chamber Provision of hopper to collect scum and grease Provision of handrails or guardrail at exposed sumps or elevated working areas. (Refer to item 1.3) Provision of grease storage tank with rollers and with drain pipes and valves at the bottom of the tank for removal of settled solids Easy access to the grease removal facility by dump trucks and sufficient maneuver space. (Refer to item 1.2) Staircases must not be beneath the walkway (staircase need to be away from walkway) Miscellaneous Issue
228
Appendices
COMMENTS
6.0 Blower Room/Control Panel Or Room Provision of acoustic enclosures for blowers including acoustic door Provision of exhaust fan with silencer to circulate air around the blower room. Toilet facilities to be isolated from the blower room due to heat and noise hazards. Provision of lifting davit for maintenance of the blowers. Provision of rotating strobe light at the control room to indicate malfunction of blower or other equipment. Provision of adequate space for blower removal or installation during maintenance. Water storage tank to be located in such a way that water will not splash on the control panels. Control panels in the Blower/Control Panel room is to be isolated from the blower room Allow at least 900 mm access space even when cabinet doors and the like are open. Miscellaneous Issue
7.0 Balancing Tanks Sufficient walking or working space along the tanks Provision of handrails or guards if the tanks are elevated. (Refer to item 1.1 on handrail and guard rail) Miscellaneous Issue
229
COMMENTS
10.0 Sludge Thickener Provision of adequate walking or working space Provision of potable/clean water for regular cleaning of the overflow weir Provision of force main type of pipe from the thickener to the sludge holding tank Desludging pipe provided to be situated above ground All sludge holding tanks to be on sloped flooring
11.0 Sludge Holding Tank Adequate access for desludging tanker. (Refer to item 1.2 on access road) Provision of desludging pipe (if the sludge holding tank is elevated) appropriately positioned. Sufficient walking or working space along the sludge holding tank. (Refer to item 1.3). Provision of handrails or guards if the sludge holding tank is elevated. (Refer to item 1.1 on handrail and guard rail) Provision of desludging pipe either by force main or gravity flow All sludge holding tanks to have isolating facilities. Each sludge holding tank to have separate feeding pipes with individual isolating valves. The top level of holding tanks to be approximately 6 inches above ground should the tank be below ground level. Overflow pipe from sludge holding tank to the aeration tank to be of sufficient diameter to prevent possibility of the pipe choking. Miscellaneous Issues
230
Appendices
Appendix B2
1. 2.
3. 4.
5.
6. 7.
8. 9. 10.
Has safe and suitable access to the wells been provided? Has a penstock been installed upstream of the wet well to isolate the pump station should there be a flood in relation to the bypass and emergency overflow? Has a double penstock system been provided for safety reasons? Has ventilation for all hazardous zones of the pump stations been provided? If not state how this area will be ventilated? Is a separate ventilation system provided for the wet wells and dry wells? If not state how both wells have been ventilated. Are the wet wells and dry wells adequately lighted? Are guard rails and safety chains around all pits, wells, and floor openings provided for safety reasons? State safety provisions in this area. Are all electrical installations in the pump stations vapour proof and explosion proof. Are there adequate level controls for startstop level of pumps in the pump station? Have corrosion resistant materials been used for the guardrails, lifting devices and other well fittings?
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2. OBJECTIVE The objective is to establish feature codes on digital layout plan with proper format in layering name, element, color and object type by using CAD software. This digital layout plan will then be use for the Catchment Planning Strategies and Geographical Information System (GIS) and day to day Operation & Maintenance and billing purposes etc.
3. BASIC REQUIREMENT OF SOFTWARE OR FILES 3.1 Software to prepare digital layout plan. AutoCAD (Release 14 or latest version or others CAD software with DXF format facility)
3.1 Backup or storage media to deliver) Diskette 1.44 MB (size 3.5") or Iomega Zip disk 100 MB or Compact Disk (CD)
3.3 Scale unit for layout plan Metric 4. DETAILS OF DIGITAL LAYOUT PLAN Lots boundary for layout plans shall be based on Certified Plan (CP) and also shall be comply to the survey ordinance (can be obtained from Survey Department). Benchmark shall be accordance with the Cadastral Map sheet in Cassini coordinate system (in metre). Boundary measurement shall be in metre (Refer Drawing).
232
Appendices
Technical requirements of layout plan depend on the type on development (Application for one proposed element).
5.1
NO
LAYERS NAME
ELEMENT
COLORS
TYPE OF OBJECT
Base map
Boundary lines
Black
Polyline
Benchmark
Boundary lines
Red
Polyline
Layout
Black
Polyline
Road
Road reserve
Yellow
Polyline
Water
River/water course
Blue
Polyline
Text
Text
Flexible
Text
Frame
Directional
Black
Building line
Building line
Flexible
Polyline
10
Sewer line
Sewer line
Blue
Polyline
11
Manhole
Manhole
Black
Circle
233
5.2
NO
LAYERS NAME
ELEMENT
COLORS
TYPE OF OBJECT
Base map
Boundary lines
Black
Polyline
Boundary
Boundary lines
Rred
Polyline
Layout
Proposed lot lines Residential Commercial Industrial Institutional Open space Agricultural Forest Topography Reserve area
Flexible
Polyline
Road
Road reserve
Yellow
Polyline
Water course
River/stream/pond
Blue
Polyline
Text
Flexible
Text
Forest
Black
Text
Sewer line
Sewer line
Blue
Polyline
10
Manhole
Manhole
Black
Circle
234
Appendices
6.1
SUBMISSION
Two (2) copies in Diskette or Zip disk or CD shall be forwarded during the submission of design approval stage or after completion of the development(as-built drawing).
Drawing
North (y)
East (x)
South (-y)
68 o 33" 00" 11
0
5 30
75 .6 8 m
40.38m
2470 04 00 87.50m
Boundary line
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Appendix D Content for Operation and Maintenance Manuals Table of content for Operations & Manuals Process, Operation, Maintenance, Installation and Trouble-Shooting
This sample outline is intended as a guide to be used when developing an O&M manual. Use of this sample outline will facilitate the development, review and approval of the O&M manual. However, all aspects of the sample outline may not be relevant for all facilities.
Volume I : Operation
Item 1 1.1 1.2 1.2 1.3 1.4 2 2.1 2.2
2.2.1 2.2.2 2.2.3
Description Introduction Description and Type of Development Description and Status of Existing Treatment Facilities (Upgraded Plants) Selection of Site Choice of Treatment System Effluent Quality Process Description General Process Flow System Description Physical Treatment Process Chemical Treatment Process Biological Treatment Process Design Calculation Basis of Design Information Details of Design Calculations Treatment Plant Operation Initial Start-up Procedure Testing & Commissioning Procedure for Operating Plant Constructed in Stages or Phases Plant Shut-down Procedure Schedule of Equipment Main Mechanical & Electrical Equipment Pipes, Valves & Fittings, Instrumentation Unit Process Trouble-shooting & Investigation Anticipated Problems & Investigation Works Causes of Process Disruption & Non-Compliance of Effluent Quality Recommended Corrective Actions Description of the appropriate response or adjustment to minimize impact of emergency situations with the potential to affect the discharge or compliance with the permit Periodic Maintenance Procedures for each unit process Details on how inspections will be conducted and a schedule for the inspection of collection systems and pump stations, where applicable Inspection checklist Record Keeping: Date of entry, inspection observations, maintenance performed Process efficiency monitoring results Operating cost records and recommendations Monitoring Process Efficiency Monitoring programme Sample equipment used to perform tests, sample locations, collection and handling Effluent sampling-lab protocol for in-house testing or reference to off-site laboratory. Sampling and analysis manual Safety & Health Security Measures Noise Control Odour Control
3 3.1 3.2 4 4.1 4.2 4.3 4.4 5 5.1 5.2 6 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8
6.8.1 6.8.2 6.8.3
236
Appendices
Volume I I: Maintenance
Item Description Catalogues, Technical specification, Performance data, Equipment installation, Equipment trouble-shooting, Periodic maintenance procedures, Start-up/shutdown for mechanical & electrical equipment, Spare parts inventory, Certificates of warranty, JPP equipment approval letter, etc. Pump Motor Gearbox Penstock Static Screen Mechanical Screen Screw Conveyor/Compactor Screenings Bin Grit Removal System Grease Removal System Scraper Mechanism Primary Sedimentation Aerators Diffusers Mixers Blowers Main Control Panel Scraper Mechanism Secondary Clarifier Thickeners Dewatering Equipment Disinfection Equipment/Apparatus Measuring Instruments/Devices/Sensors Pipes/Valves/Fittings Lifting Devices Electrical Equipment Diesel Generator Fire-Fighting Equipment Sound-Proof Installations Dryer Odour Control Equipment Progamme Logic Controller Manhole Cover/Grating
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 23 25 26 27 28 29 30 31
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Item 27 28 29 30
Description Ladder Diagram for Programmable Logic Controller (PLC) Architectural Drawings Locations of Fire-Fighting Equipment Mass Balance Diagram
Notes i. ii.
A draft to be submitted for approval 60 days before date of operation of the facility and if manuals found to be inadequate, the owner is required to make appropriate modifications. A review of the approved manuals one year after initiation of plant operation and subsequent to the review, the manuals shall be revised to reflect actual treatment plant experience.
238
Appendices
239
Population Equivalent PE 13,000 14,000 15,000 16,000 17,000 18,000 19,000 20,000 21,000 22,000 23,000 24,000 25,000 26,000 27,000 28,000 29,000 30,000 31,000 32,000 33,000 34,000 35,000 36,000 37,000 38,000 39,000 40,000 41,000 42,000 43,000 44,000 45,000 46,000 47,000 48,000 49,000 50,000 >50,000 Notes:
Sewer Reticulation RM 118,600 126,300 131,500 136,800 139,400 144,900 150,400 159,100 161,900 164,700 167,500 170,200 173,000 175,800 178,600 181,400 184,200 186,900 189,700 192,500 195,300 198,100 200,900 203,600 206,400 213,100 216,000 222,900 229,900 237,000 244,200 247,200 250,200 257,700 260,800 268,300 271,500 297,500 6/PE
Treatment Plant RM 180,700 188,700 196,700 205,700 214,700 223,700 232,700 241,700 251,700 261,700 271,700 281,700 291,700 302,700 313,700 324,700 335,700 346,700 358,700 370,700 382,700 394,700 406,700 419,700 432,700 445,700 458,700 471,700 486,700 501,700 516,700 531,700 546,700 561,700 576,700 591,700 606,700 621,700 12/PE
Pumping Station RM 49,400 51,600 53,800 56,300 58,800 61,300 63,800 66,300 68,600 70,900 73,200 75,500 77,800 79,800 81,800 83,800 85,800 87,800 89,000 90,200 91,400 92,200 93,000 93,800 94,400 95,000 95,600 96,200 96,800 97,400 98,000 98,600 99,200 99,800 100,300 100,800 101,300 101,800 2/PE
1. For development below 150 PE, a minimum Bond value as per 150 PE or as fixed by the Commission shall be imposed for the duration of the Defect Liability Period. 2. Actual PE shall be rounded up to next higher PE as shown in table. 3. For works involving > 50,000 PE, the following values are to be adopted: sewer reticulation - RM 6/PE, treatment plant - RM12/PE and pumping station - RM2/PE.
240
Appendices
WHEREAS A. Indah Water is authorised pursuant to the Water Services Industry Act 2006 to operate and maintain public sewerage systems and sewer networks. __________________________(the Developer) has constructed a sewerage plant, associated sewerage works and sewer network (altogether known as sewerage system) at ___________________________________ (full details of address preferred). Pursuant to the Water Services Industry Act 2006, the Developer must hand over the sewerage system to Indah Water to operate and maintain the same whereupon Indah Water shall only accept the sewerage system or part of the systems, after Indah Water is satisfied that the sewerage system or part of the systems, as the case may be, meets the requirements set out in the approved plans, specifications and standards. Subject to para B above and rights of the parties pursuant to Water Services Industry Act 2006, in consideration of Indah Water maintaining and operating the sewerage system, the Developer agrees to guarantee the due performance of the sewerage system for a period of twelve (12) months. At the request of the Developer, The Guarantor agrees to irrevocably and unconditionally guarantee the due performance of the sewerage system in the manner herein after appearing.
B.
C.
D.
NOW THE GUARANTOR HEREBY AGREES WITH INDAH WATER AS FOLLOWS: 1. Upon the Indah Waters written demand, the Guarantor shall forthwith pay to the Indah Water up to and not exceeding the sum of Ringgit Malaysia:______________________ (hereinafter referred to as the said Sum) or such part thereof as specified in such demand notwithstanding any contestation or protest by the Developer or Guarantor or by any other third party and without proof or condition. The total amount recoverable against the Guarantor under this Agreement shall not exceed the said Sum. Such payment or payments shall be made by the Guarantor within five (5) working days of the issuance of the Indah Waters written demand. Indah Water reserves the right to make any partial demands if it shall so desire and the total of all such partial demands so made shall not exceed the said Sum and the liability of the Guarantor to pay Indah Water the aforesaid shall correspondingly be reduced proportionate to any payment of partial demands having been made by the Guarantor. The Guarantor shall not be discharged or released from this Guarantee by any arrangement with the Developer or any arrangement made between the Developer and Indah Water and/or any third party in whatever manner with or without the consent of the Guarantor or by any forbearance whether as to payment, time, performance or otherwise. Whenever Indah Water makes a demand on the Guarantor, the Guarantor shall (subject to the proviso in paragraph 1) forthwith make to Indah Water such payment of the amount so demanded and any dispute between Indah Water, and the Developer and/or any third party as to
2.
3.
4.
241
the right of Indah Water to make such a demand shall not in any way relieve the Guarantor from the obligation to pay upon such demand by Indah Water.
5.
This Guarantee given by the Guarantor is a continuing guarantee and shall be irrevocable and shall remain in force and effect from ____________ to ____________for a period of thirteen (13) months (hereinafter referred to as the said Period). The liability of the Guarantor to make any payment hereunder shall arise upon receipt of a demand from Indah Water to make such payment. Any demand from Indah Water shall be submitted in writing not later than ninety (90) days after the Expiry of the said Period. This Guarantee shall not be assigned without the Bank/Guarantors prior written consent. Any failure by Indah Water to demand for payment under this Guarantee (in accordance with the terms herein) within the period as specified in Clause 6 above shall discharge the Guarantor of all obligations and liabilities under this Guarantee without the need for any notice by the Guarantor to Indah Water. This Guarantee shall be construed in accordance with the laws of Malaysia, and the Malaysian Courts shall have jurisdiction to try any matter relating to this Guarantee.
6.
7. 8.
9.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first above written.
) ) ) )
(Witness)
Name: .. Designation:
Bankers Stamp:
242
Appendices
Appendix G
THIS AGREEMENT is made on the ______ day of _________________ BETWEEN _________________________ (hereinafter referred to as the Guarantor) of the one Part AND Indah Water Konsortium Sdn.Bhd. (hereinafter referred to as the Indah Water ) of the other part. Whereas A _________________________ (hereinafter referred to as the Developer/Contractor) to carry out upgrading and refurbishment works (Works) at the existing sewage treatment plant located at _________________________________ (the STP). In consideration of the aforementioned and at the request of the Contractor, the Guarantor has agreed to guarantee the due performance of the said Works to its full completion by the Developer in the manner hereinafter appearing.
B.
NOW THE GUARANTOR HEREBY AGREES WITH THE INDAH WATER AS FOLLOWS: 1. Upon the Indah Waters written demand, the Guarantor shall forthwith pay to the Indah Water up to and not exceeding the sum of Ringgit Malaysia:______________________ (hereinafter referred to as the said Sum) or such part thereof as specified in such demand notwithstanding any contestation or protest by the Developer or Guarantor or by any other third party and without proof or condition. The total amount recoverable against the Guarantor under this Agreement shall not exceed the said Sum. Such payment or payments shall be made by the Guarantor within five (5) working days of the issuance of the Indah Waters written demand. The Indah Water reserves the right to make any partial demands if it so desires and the total of all such partial demands so made shall not exceed the said Sum and the obligation of the Guarantor to pay the Indah Water shall correspondingly be reduced with each payment of the partial demands. The Guarantor shall not be discharged or released from this Guarantee by any arrangement with the Developer or between the Developer and the Commission or any third party in whatever manner with or without the consent of the Guarantor or by any alteration in the obligations undertaken by the Developer or by any forbearance whether as to payment, time, performance or otherwise. The right of the Commission to make demands on the Guarantor under this Agreement shall be an independent right and shall be without prejudice to any other rights of the Commission against the Developer under the law. This Guarantee given by the Guarantor is a continuing guarantee and shall be irrevocable and remain in force and effect from ____________ to ____________for the entire period of upgrading works (hereinafter known as the Validity Period). Immediately upon the expiry of the Validity Period, this Guarantee shall, subject to clause 6, cease to be of any force and/or effect and the obligations or liabilities of the Guarantor hereunder terminated or if the Contract is deemed abandoned or terminated after the said abandonment or termination of the said Contract (hereinafter referred to as the Validity Period), irrespective of whether the
2.
3.
4.
5.
243
original of this Guarantee is returned to the Guarantor for cancellation. The Guarantor shall extend the Validity Period for not more than One (1) year from the Validity Period (hereinafter referred to as Extended Validity Period) upon the request of the Commission and the Bank Guarantee shall be deemed extended. 6. On completion of the upgrading works, the Contractor shall request for Final Inspection before the upgraded plant can officially be handed over to the Commission. Any demand from the Commission hereunder shall be submitted in writing to the Guarantor before the handing over date. This Guarantee shall be governed by and construed in accordance with the laws of Malaysia and the Guarantor hereby agrees to submit to the exclusive jurisdiction of the Courts of Malaysia over any claim arising out of this Guarantee.
7.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first above written.
) ) ) )
(Witness)
Name: .. Designation:
Bankers Stamp:
244
Appendices
TO PROJECT TITLE
The Developer has applied to National Water Services Commission (herewith referred to as Commission) to carry out upgrading and refurbishment works (Works) at the existing sewage treatment plant located at _________________________________( the STP) which is being operated and maintained by Service Licensee upon the direction of the Commission. The Developer has appointed the Contractor to carry out the Works at the STP. In consideration of the Commission approving the Developers application for the Works and Service Licensee handing over the possession of the STP to the Developer to enable the Works to be carried out, the following terms shall apply; 1) The Developer hereby IRREVOCABLY AND UNCONDITIONALLY UNDERTAKES that the Developer shall at all times from the date hereof fully indemnify and hold the Commission and/or Service Licensee, harmless to the extent and in respect of all actions, suits, proceedings, demands, claims, liabilities, damages, losses, judgments and all costs arising out of or resulting from the Works including legal costs on a solicitors and client basis which may be suffered by, accrued against, be charged to or recoverable from the Commission and/or Service Licensee, arising out of the Works. The Developer shall accept full responsibility for any breaches by the Developer, its employees, agents, Contractors, Sub-Contractor, Consultants, and any other persons in the upkeep, security, safety and health, operation and maintenance of the STP in all its entirety and associated appurtenances, for the purpose of such Works until specifically released by the Commission and/or Service Licensee in writing. Upon a written demand from the Commission and/or Services Licensee, the Developer shall pay the Commission and/or Service Licensee the amount specified in the said demand notwithstanding any objections or protest by the Developer or any certificate of completion of Works. Such payment shall be made by the Developer within seven (7) working days of the issuance of the said written demand and paid in the manner stipulated by the Commission and/or Service Licensee. The Developer shall comply with the provisions of any laws, regulations, by laws in force and further any conditions and directions imposed from time to time by the Commission in relation to the execution of the Works.
2)
3)
4)
245
5)
This Indemnity shall be governed by and construed in accordance with the laws of Malaysia and the Developer hereby agrees to submit to the exclusive jurisdiction of the Courts of Malaysia over any claim arising out of this Indemnity. This Indemnity shall continue to be valid and binding on Developer the notwithstanding any change whether by way of amalgamation, reconstruction or otherwise in the constitution of the Developer and all successors entitled and assigned thereto.
6)
The Developer understands and is aware of the full import of taking up such indemnities and is prepared to face and discharge its duties and responsibilities accordingly.
___________________________________________________________________________
For Official Use Date received: Reference No.: c.c. Certifying Agency, Indah Water Konsortium Operations & Maintenance Department, Indah Water Konsortium
246
Appendices
Appendix I
247
248