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MHLATHUZE WATERCONTRACT NO. MW/12/2017

NSEZI NEW RESERVOIR TIE-INS AND ADDITIONAL WORK

December 2017

TENDER SUBMITTED BY:

Company Name: ______________________________________________________________

Physical Address: _______________________ Postal Address: _____________________

_______________________ _____________________

_______________________ _____________________

_______________________ _____________________

Telephone No. _______________________ Fax No. _____________________

TENDER CLOSING DATE: 24 January 2018

Enquiries: For technical enquiries contact Mr A Wagenaar on Tel: 082 558 7577/035 902 1000 or e-mail [email protected] and for other enquiries contact Ms. N Luthuli on Tel: 035 902 1079 or e-mail [email protected]

CONTRACT NO: MW/12/2017 Page 1

mailto:[email protected]


MHLATHUZE WATERCONTRACT NO.MW/12/2017


TABLE OF CONTENTS

PART NO. DESCRIPTION COLOUR PAGE

Part T1 Tendering Procedures

Part T2 Returnable Documents

T2.1 List of Returnable Documents Yellow 45T2.2 Returnable Schedules Yellow 717

Part C1 Agreements and Contract Data

C1.1 Form of Offer and Acceptance Yellow 1279C1.2 Contract Data Yellow 1345

Part C2 Pricing Data

C2.1 Pricing Instructions Yellow 20460C2.2 Schedule of Quantities Yellow 2084

Part C3 Scope of Work

C3.1 Description of Works Blue 2195C3.2 Engineering Blue 2217C3.3 Construction Blue 22581C3.4 Management Blue 22682C3.5 Specification Data Blue 203

Part C4 Site Information

C4.1 Site Information Blue 2515

Part C5 Particular Specifications Bound into Document

C5.1 General Specifications White 2517

C5.2 Variations and Additions to Standard Spec. 219


T1.1 Tender Notice and Invitation to Tender White 2T1.2 Tender Data Pink 4T1.3 Preferential Procurement Regulations Pink 14T1.4 Standard Conditions of Tender Pink 27



C5.3 Particular Specifications White 263

Part C6 List of Tender Drawings

C6.1 Drawings White 400

PART T1 TENDERING PROCEDURES

T1.1 Tender Notice and Invitation to Tender




T1.1 Tender Notice and Invitation to Tender

TENDER NOTICE AND INVITATION TO TENDERMhlathuze Water (MW) is a water board, established in terms of the Water Services Act, 1997 (Act No. 108 of 1997). Its core operations concern the supply of bulk water and the disposal of bulk waste water. It is a State Owned Entity listed in Schedule 3B of the Public Finance Management Act, 1999 (PFMA) (Act No. 1 of 1999).

Competent and experienced contractors with a minimum CIDB grading 6CE or higher and who satisfy the criteria stated in the tender data are invited to tender for the following:

CONTRACT NO. MW/12/2017


Evaluation method: 80/20, Preference Point Scoring System in terms of PPPFA ACT 2000: Preferential Procurement Regulations 2017

A compulsory clarification meeting with representatives of Mhlathuze Water will take place at the Nsezi Water Treatment Works Boardroom, 10 January 2018 starting at 10h00.

Tenderers must ensure that this meeting is attended by a person who is by qualification and/or experience able to assess the nature of the work. To give effect to this, tenderers must forward the name and brief CV of the person attending to the contact below no later than one week prior to the clarification meeting. Failure of the nominated person attending the briefing will result in disqualification of the tenderer from further participation in this tender.

Submissions must be placed in the Mhlathuze Water tender box situated at the Main Security Gate before 12h00 on the 24 January 2018. Each submission must be in an envelope that is clearly marked –“CONTRACT NO. MW/12/2017: NSEZI NEW RESERVOIR TIE-INS AND ADDITIONAL WORK” and addressed to Mhlathuze Water–Supply Chain Management.

The tender documents will be available on National Treasury e-Tenders Publication –website ( www.etenders.gov)

Enquiries: For technical enquiries contact Mr M Pawandiwa on Tel: 035 902 1044 or e-mail [email protected] and for other enquiries contact Ms. N Luthuli on Tel: 035 902 1079 or e-mail [email protected]

Mhlathuze Water is not bound to accept the lowest bid or furnish any reason for the acceptance or part rejection of any bid and reserves the right to accept any bid or part thereof.

BIDDERS ARE TO BE REGISTERED ON THE NATIONAL TREASURY CSD DATABASE





T1.2 Tender Data




T1.2 Standard Conditions of Tender & Tender Data

The Standard Conditions of Tender are as published under SANS 294: 2004 as contained in Annex F of the CIDB Standard for Uniformity in Construction Procurement (July 2015) as published in Government Gazette No 38960, Board Notice 136 of 2015 of 10 July 2015.

Variations to the Standard Conditions of Tender are reflected in the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the Standard Conditions of Tender.

Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to which it mainly applies.




Clause Number

Addition or Variation to Standard Conditions of Tender

F.1 GENERALF.1.1 The Employer is Mhlathuze Water

F.1.2 Not issued to Tenderer’s, but available from the S.A. Federation of Civil Engineering Contractors, the S.A. Institution of Civil Engineering, the S.A. Bureau of Standards, the Government printers, the Construction Industry Development Board, and the Employer, as applicable:

1. GCC 2015 “General Conditions of Contract for Construction Works”, Third Edition 2015 published by the South African Institute of Civil Engineering (SAICE) *Tel: 011 805 5947, email: [email protected].

2. S.A. Bureau of Standards SABS 1200 Standardized Specifications for Civil Engineering Construction.

3. The Preferential Procurement Policy Framework Act No 5 of 2000, and the Preferential Procurement Policy Regulations, 2017.

4. The Occupational Health and Safety Act No 85 and Amendment Act No 181 of 1993, and the Construction Regulations (2014).

The tender documents issued by the employer comprise:

VOLUME 1: ISSUED TO TENDERERS

Part T1 Tender ProceduresT1.1 Tender Notice and Invitation to TenderT1.2 Tender Data

Part T2 Returnable DocumentsT2.1 List of Returnable DocumentsT2.2 Returnable Schedules

Part C1 Agreements And Contract DataC1.1 Form of Offer and AcceptanceC1.2 Contract Data

Part C2 Pricing dataC2.1 Pricing InstructionsC2.2 Schedules of Quantities

Part C3 Scope of workC3 Scope of work

Part C4 Site informationC4 Locality Plan

VOLUME 2: ISSUED TO TENDERERS Book of drawings





F.1.3 Contract Period

Maximum 3 months

F.1.4 The Employer’s Agent (also referred to as the Engineer) details are as follows:

Name : Celimpilo Cele

Address : Corner of South Central Arterial & Battery BankAltonRICHARDS BAY3900

P.O.Box 1264RICHARDSBAY3900

Tel. No. : +27 (0) 35 902 1081Fax No. : +27 (0) 35 902 1079E-Mail : [email protected]

F.2 TENDERER’S OBLIGATIONS





F.2.1 Eligibility

The following information/certificates must be submitted with tender offers, tenderers must accept that failure to submit certificates stated in the Tender Data and failure to complete in full the tender document shall result in the tender being regarded as non-responsive, and therefore shall not be evaluated further for functionality paying special attention to the following:

(a) A certified copy of Partnership or Joint venture Agreement (if tenderer is a partnership or Joint Venture) certified by SAPS or the Court of Law.

(b) CIDB registration of 6CE or higher;

(c) The tenderer or any of its directors/shareholders is not listed on the National Treasury Register of Tender Defaulters i.t.o the Prevention and Combating of Corrupt Activities Act of 2004 as a person prohibited from doing business with the public sector;

(d) Tenderers are required to achieve a minimum of 35% Contract Participation Goal(CPG) to comply with Mhlathuze Water’s B-BBEE Policy in so doing tenderers must ensure that the Targeted Enterprise fulfils all the requirements as stipulated in the tender document.

(e) The tenderer, or if not a natural person, any director, member or shareholder of the tenderer must not be in the employ of the state.

Tax clearance:

No tender may be awarded to any person whose tax matters have not been declared by the South African Revenue Services (SARS) to be in order. Mhlathuze Water will verify with SARS whether the tax affairs of bidders are in order before making an award. Bidders to ensure submission of the tax clearance certificate before the closing of bids.

F.2.2.2 The cost of the tender documents charged by the employer shall be as per the Employer’s current SCM Policy / Conditions of Targeted Procurement.”

F.2.4 All work produced, including records, drawings, documents and photography pertaining to this tender shall remain the property of Mhlathuze Water and no part thereof may be copied, reproduced in any manner without the written consent of Mhlathuze Water.




F.2.6 Acknowledge addenda

“Acknowledgement of receipt will be by the return of the relevant completed and signed portion of the addenda, to the address / fax number / email address as specified on the addenda. Failure of the tenderer to comply with the requirements of the addenda may result in the tender submission being made non-responsive.”

F.2.7 The arrangement for a compulsory clarification meeting is as stated in the Tender Notice and Invitation to Tender.Tenderers should be represented at the clarification meeting by a person who is suitably qualified and experienced to comprehend the implications of the work involved.

F.2.8 Accept that failure to request clarification on tender documents, in at least 5 working days prior to the closing time stated in the Tender Data, it shall be deemed that all matters in the tender documents are clearly understood. Accept that the Employer shall not be obligated to respond to any requests for clarification of tender documents submitted in less than 5 working days prior to the closing date.

F.2.12 Criteria for Alternative Offers

No alternative tenders and no tenders offering alternative materials to those stated in the Schedule of Quantities and/or Specifications will be accepted.

F.2.13.3 No copies of tender offer are required.

F.2.13.5 The Employer’s address for delivery of tender offers and identification details to be shown on each tender offer package are as follows:Location of Tender Box: Main Security Gate Tender BoxPhysical Address: Mhlathuze Water

Corner of South Central Arterial & Battery BankAltonRICHARDS BAY 3900

Identification Details: CONTRACT NO. MW/12/2017 :NSEZI NEW RESERVOIR TIE-INS AND ADDITIONAL WORK




F.2.13.6 A two-envelope procedure will NOT be followed.

Pre-qualification process

Accept that tenders will go through a pre-qualification process in which tenders shall be evaluated for functionality first and only if the minimum score is attained by a tenderer, then the tender shall be evaluated further.

Accept that failure to score the minimum points set out for quality as stipulated in the Tender Data Clause F.3.11.9 of this Tender shall warrant disqualification from further evaluation process.

The Employer reserves the right to disqualify the tender or enforce a joint venture to the successful bidder, should the submitted tender not comply with joint venture conditions. The tendered rates for the main contractor will also be applicable to all the joint venture partners.

Accept that the Employer reserves the right not to employ tenderers currently engaged with Mhlathuze Water in more than one contract.

F.2.15.1The closing time for submission of tender offers is as stated in the Tender Notice and Invitation to Tender. Telephonic, telegraphic, telex, facsimile or e-mailed tender offers will not be accepted.

F.2.16.1 The tender offer validity period is 90 (ninety) days from the tender closing date.

F.2.16.1 If the tender validity expires on a weekend or public holiday, the tender validity period shall remain open until the closure of business on the next working day.




F.3 THE EMPLOYER’S UNDERTAKING

F.3.1.1 In the event that the Clarification Meeting is compulsory, Addenda will only be issued to those tendering entities appearing on the Clarification Meeting Register.

F.3.3 Closing date and TimeSubmissions must be placed in the Mhlathuze Water tender box situated at the Main Security Gate before 12h00 on 24 January 2018

F.3.4 Open tender system will be implemented.

Submissions must be placed in the Mhlathuze Water tender box situated at the Main Security Gate before 12h00 on 24 January 2018.

F.3.7 Accept that failure to submit certificates stated in the Tender Data and failure to complete in full the tender document shall result in tender being regarded as non-responsive.

F.3.11 The responsibility rests with the prospective tenderer to provide all the information required by Mhlathuze Water to claim preferential points. Failure to submit the information shall result in preferential points not being awarded.

F.3.11.4 Method 2: Financial offer, Preference and Quality as a pre-qualification criteria

F.3.11.7 Formula 2 Option 2 to calculate the value of A. W1 =80




F.3.11.8 BBBEE points will be allocated as Preferential Procurement Policy Framework ACT, 2000: Preferential Procurement Regulations, 2017.

80/20 principle

B-BBEE Status

Preference points claimed will be as per detailed hereafter, using the formula in Preferential Procurement Regulations, 2001.

B-BBEE Status Level of contributor Number of Points

1 20

2 18

3 14

4 12

5 8

6 6

7 4

8 2

Non-compliant Contributor 0

Allocation of BBBEE points for Trusts, consortium or joint ventures and subcontracting refer to Preferential Procurement Regulation, 2011, Conditions section 11 (6) to (13)

F.3.11.9 Pre-qualification criteria

The pre-qualification criteria and maximum score in respect of each of the criteria are as follows and sufficient detail must be provided in experience sheets/support documentation attached to the Tenders for evaluation purposes.

Total maximum evaluation points for Quality for the items is 100.

The minimum number of evaluation points required for Quality (based on the Functionality Criteria) shall be 70 for the tenderer to be evaluated further.

The Functionality criteria and maximum score in respect of each of the criteria are relected in Table 1.0 FUNCTIONALITY SCORECARD:

F.3.13. Accept that Tender offers will only be accepted if:(a) the tenderer has submitted an original valid Tax Clearance Certificate issued by the

South African Revenue Services or a valid pin number as issued by SARS;(b) the tenderer or any of its directors is not listed on the Register of Tender Defaulters

in terms of the Prevention and Combating of Corrupt Activities Act of 2004 as a person prohibited from doing business with the public sector;




F.3.17 The successful tenderer shall receive one copy of the signed contract

Special Condition

Mhlathuze Water is not bound to accept the lowest bid or furnish any reason for the acceptance or part rejection of any bid and reserves the right to accept any bid or part thereof.

The additional conditions of tender are:

ACT.1 Prohibition on awards to persons in the service of the state

Supply Chain Management Regulations states that the Municipality or Organs of State may not make any award to a person:

(a) Who is in the service of the State;

(b) If that person is not a natural person, of which a director, manager, principal shareholder or stakeholder is a person in the service of the state; or

(c) Who is an advisor or consultant contracted with the municipality or a municipal entity.

Should a contract be awarded, and it is subsequently established that Clause 44 has been breached, the Employer shall have the right to terminate the contract with immediate effect.




TABLE 1.0: FUNCTIONALITY SCORECARD (Total maximum evaluation points for Quality for the Functionality Criteria items is 100. The minimum number of total evaluation points to be obtained for quality is 70, in order to pre-qualify for further evaluation)

FUNCTIONALITY CRITERIA SUB CRITERIA MAXIMUM

1.Quality Management

Quality Management:• Proof of ISO 9001 Certification - (5 points) 5

2.Company Experience

in Undertaking Minimum 1200mm

Diameter Steel Pipe Tie-Ins.

(To provide list of projects undertaken and the name of the Client)

Relevant experience in undertaking installation of large diameter steel pipe tie-ins (minimum 1200mm diameter) in the last 5 years.Bidder has experience on water projects (10 points for each project and maximum score- 50 points) 50

3.Company Reputation – Reference Letters

Positive reference letters or schedule completed from Client in terms of the experience claimed for under Item 2 for work done in the last 5 years (NB Contractor to provide contactable referees).

• 5 points per positive reference -max points 20 points

20

4.Company Personnel

Competency in Construction

Activities Related To Laying of

Watermains(Submit copy of cv with

certified copies of qualifications and

registrations)

Contracts Manager/DirectorA recognised degree/diploma in Civil Engineering plus relevant experience in laying of bulk mains

• Between 10 years and 15 years’ experience - 5 points• 15 years and above experience - 10 points

10

Site AgentA recognised degree/diploma in Civil Engineering plus relevant experience in laying of bulk mains


10

Health & Safety OfficerA recognised NQF Level 5 (SAMTRAC) or equivalent certificate in Health and Safety and working in the laying of bulk mains environment


5

Maximum Score 100

- END OF SECTION–








T1.3 Preferential Procurement Regulations




T1.3 Preferential Procurement Regulations

PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000:PREFERENTIAL PROCUREMENT REGULATIONS, 2017

PART ONE:

DEFINITION AND APPLICATION1. Definitions

(1) in these regulations, any word or expression to which a meaning has been assigned in the Act has the meaning so assigned, and, unless the context otherwise indicate-

a) “Act” means the Preferential Procurement Policy Framework Act, 2000 ( Act no. 5 of 2000):

b) “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies;

c) “B-BBEE” means broad –based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act;

d) “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity based on its overall performance using the relevant scorecard contained in Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad Based Economic Empowerment Act;

e) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Economic Empowerment Act” means the Broad Based Economic Empowerment Act, 2014 ( Act No.53 of 2014);

f) “comparative price” means the prices after the factors of non-firm price and all unconditional discounts that can be utilized have been taken into consideration;

g) “consortium or joint venture” means an association of persons for the purpose of combining their expertise, property, capital, efforts, skills and knowledge in an activity for the execution of a contract;

h) “Contract” means the agreement that the results from the acceptance of a tender by an organ of state;

i) “Designated sector” means a sector, sub-sector or industry that has been designated by the Department of Trade and Industry in line with national development and Industry policies for the local production, where only locally produced services, works, or goods or locally manufactured goods meet stipulated minimum threshold for local production and content;

j) “firm price” means the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or exercise duty and any other duty, levy, or tax, which in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering cost of any service, for the execution of the contract;




k) “functionality” means the measurement according to predetermined norms, as set out in the tender documents, of a service or commodity that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability, and a durability of a service and the technical capacity and ability of a tender.

l) “imported content” means that the portion of the tender price presented by the cost of components, parts or materials which have been or are still to be imported ( whether by the supplier or its subcontractors) and which costs are inclusive of the cost abroad, plus freight and other direct importation cost, such as landing cost, dock dues, import duty, sales duty or other similar tax or duty at the South African port of entry;

m) “local content” means that portion of the tender price which is not included in the imported content, provided that local manufacture does take place;

n) “non-firm price” means all prices other than firm price;

o) “Person” includes a juristic person;

p) “stipulated minimum threshold” means that portion of local production and content as determined by the Department of Trade and Industry;

q) “rand value” means the total estimated value of a contract in South African currency, calculated at the time of tender invitation, and includes all applicable taxes and excise duties;

r) “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing, another person to support such primary contract in the execution of part of a project in terms of the contract;

s) “tender” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of services, works, or goods, through price quotations, advertised competitive tender process or proposals;

t) “total revenue” bears the same meaning assigned to the expression in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007;

u) “trust” means the arrangement through which the property of one person is made over bequeathed to a trustee to be administered for the benefit of another person; and

v) “Trustee” means any person, including the founder of a trust, to whom property for the benefit of another person.

2. Application

3. (1) These regulations apply o organs of state as contemplated in section 1 (iii) of the Act and all public entities listed in schedules 2, 3A, 3B, 3B to the Public Finance Management Act, 1999, Act No.1 of 1999, (as amended by Act 29 of 1999) and municipalities.




(1) An organ of state contemplated in sub-regulation (1) must, unless the Minister of Finance has directed otherwise, only apply a preferential procurement system which is in accordance with the act and these regulations.

PART TWO:

PLANNING AND STIPULATION OF PREFERENTIAL POINT SYSTEM TO BE UTILIZED, EVALUATION OF TENDERS ON FUNCTIONALITY, PREFERENCE POINT SYSTEM AND BROAD-BASED BLACK ECONOMIC EMPOWERMENT STATUS, AWARD OF CONTRACTS TO TENDERERS NOT SCORING THE HIGHEST NUMBER OF POINTS AND THE CANCELLATION AND RE-INVITATION OF TENDERS.

Planning and stipulation of preference point system to be utilized.

4. (1) And organ of state must, prior to making an invitation for tenders.

a) Properly plan for, and, as far as possible, accurately estimate the cost of the provision of services, works, or goods for which an invitation for tenders is to be made.

b) Determine and stipulate the appropriate preference point system to be utilized in the evaluation and adjudication of tenders; and

c) Determine whether the services, works or goods for which an invitation for tenders is to be made has be designated for local production and content in terms of regulation 9.

Evaluation of tenders on functionality.

5. (1) An organ of state must indicate in the invitation to submit a tender that the tender will be evaluated on functionality.

(2) The evaluation criteria for measuring functionality must be objective.

(2) When evaluating tenders on functionality, the-

a) Evaluation criteria for measuring functionality;b) Weight of each criterion;c) Applicable values; andd) Minimum qualifying score for functionality

Must be clearly specified in the invitation to submit a tender.

(3) No tender must be regarded as an acceptable tender if it fails to achieve the minimum qualifying score for functionality and indicate in the tender invitation.

(4) Tenders that have achieved the minimum qualifying score for functionality must be evaluated further in terms of the preference point system prescribed in regulations 5 and 6.




The 80/20 preferential point system for acquisition for service, works or goods up to a rand value of R1 million

6. (1) (a) the following formula must be used to calculate the points for the price in respect of tenders (including price quotations) with a rand value equal to, or above R30 000 and up to a Rand value of R1000 0000 ( all applicable taxes included):

Price Points = 80[1-((P-Pm)/Pm]

NB

Pm = is the comparative offer;P = price of tenderer under evaluation

(b) Organs of state may apply the formula in paragraph (a) for price quotations with a value less than R30 00, if and when appropriate:

(2) Subject to sub-regulation (3), points must be awarded to a tender fir attaining the B-BBEE status level of contributor in accordance with the table below.

B-BBEE Status Level of Contributor Number of Points1 202 183 164 125 86 67 48 2

Non-compliant contributor 0

(3) A maximum of 20 points may be allocated in accordance with sub-regulation (2).

(4) The points scored by a tenderer in respect of B-BBEE status level of contributor contemplated in sub-regulation (2) must be added to the points scored for price as indicated in accordance with sub- regulation (1).

(5) Subject to regulation 7, the contract must be awarded to the tenderer who scores the highest total number of points.

The 90/10 preference point system for acquisition of service, works or goods with a Rand value above R1million

7. (1) the following formula must be used to calculate the points for price in respect of tenders with a Rand value above R1000 000 ( all applicable taxes included):

Price points = 90[1-((P-Pm)/Pm]

Where




Pm = is the comparative offer;P = price of tenderer under evaluation

(2) Subject to sub-regulation (3), points must be awarded to a tenderer for attaining their B-BBEE status level of contribution in accordance with the table below;

B-BBEE Status Level of Contributor Number of Points1 102 93 84 55 46 37 28 1


(3) A maximum of 10 points may be allocated in accordance with sub-regulation (2).

(4) The points scored by a tenderer in respect of the level of B-BBEE contribution contemplated in sub-regulation (2) must be added to the points scored for price as calculated in accordance with sub-regulation (1).

(5) Subject to regulation 7, the contract must be awarded to the tenderer who scores the highest total number of points.

Award of contracts to tenderers not scoring the highest number of points.

8. (1) a contact may be awarded to a tenderer that did not score the highest total number of points, only in accordance with section 2(1) (f) of the Act.

Cancellation and re-invitation of tenders

9. (1) (a) in the event that, in the application of 80/20 preference point system as stipulated in the tender documents, all tenders received exceed the estimated Rand value of R1000 000, the tender invitation must be cancelled.

(b) If one or more of the acceptable tenders are within the prescribed threshold of R1000 000, all tenders received must be evaluated on the 80/20 preferential points system.

2(a) in the event that, on the application of 90/10 preferential point system as stipulated in the tender document, all tenders received are equal to, or below R1 000 000, the tender must be cancelled.

(b) if one or more of the applicable tenderers received are above the prescribed threshold of R1000 000 , all tenderers received must be evaluated on the 90/10 preference point system.

3(a) an organ of state which has cancelled a tender invitation as contemplated in sub- regulation (1) (a) a and 2(a) must re-invite tenderers and must, in the tender documents, stipulate the correct preference point system to be applied.




(4) An organ of state may, prior to the award of a tender if-

a) Due to changed circumstances, there is no longer a need for the service, works or goods requested; or

b) Funds are no longer available to cover the total envisaged expenditure; or

c) No acceptable tenders are received.

(5)The decision to cancel a tender in terms of sub-regulation (4) must be published in the Government Tender Bulletin or the media in which the original tender invitation was advertised.

PART THREE:

B-BBEE STATUS LEVEL CERTIFICATES, REMEDIES, TAX CLEARANCE, REPEAL OF REGULATIONS AND SHORT TITLE AND COMMENCEMENT

Broad-Based Black Economic Empowerment Status Level Certificates

10. (1)Tenderers with annual total revenue of R5million or less qualify as Exempted Micro Enterprise (EME) in terms of the Broad-Based Black Economic Empowerment Act, must submit a certificate issued by a registered auditor, accounting officer (as contemplated in section 60(4) of the Closed Corporation Act, 1984 (Act No.69 of 1984) or an accredited verification agency.

(2)Tenderers other than Exempted Micro-Enterprise (EMEs) must submit their original and valid B-BBEE status level verification certificated or certified copy thereof, substantiating their B-BBEE rating.

(3) The submission of such certificates must comply with the requirements of instruction and guidelines issued by the National Treasury and be in accordance with notices published by the Department of Trade and Industry in the Government Gazette.

(4) The B-BBEE status level attained by the tenderers must be used to determine the number of points contemplated in regulations 5 (2) and 6(2).

Conditions

11. (1) Only a tenderer who has completed and signed the declaration part of the tender documentation may be considered.

(2) An organ of state must, when calculating comparative prices, take into account any discounts which have been offered unconditionally.

(3) A discount which has been offered conditionally must, despite not being taken into account for evaluation purposes, be implemented when payment is affected.

(4) Points scored must be rounded off to the nearest 2 decimal places.

(5)(a) In the event that two or more tenders have scored equal total points, the successful tender must be the one scoring the highest number of preferential points for B-BBEE.




(b) However, when functionality is part of the evaluation process and two or more tenders have scored equal points including equal preference points for B-BBEE, the successful tender must be the one scoring the highest score for functionality.

(c) Should two or more tenders be equal in all respect, the award shall be decided by the drawing of lots.




(6)A trust, consortium or joint venture will qualify for the points for their B-BEE status level certificate.

(7)A trust consortium or joint venture will qualify for points for their B-BBEE status level as an unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structured and that such a consolidated scorecard is prepared for every separate tender.

(8) A person must not be awarded points for B-BBEE status level if it is indicated in the tender documents that such a tenderer intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a tenderer qualifies for, unless the intended sub-contractor is an exempted micro enterprise that has the capability and ability to execute the sub-contract.

(9) A person awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the other person concerned, unless the contract is sub-contracted to an exempted micro enterprise that has the capability and ability to execute the sub-contract.

(10) A person awarded a contract in relation to a designated sector, may not sub-contract in such a manner that the local production and content of the overall value of the contract is reduced to below the stipulated minimum threshold.

(11) When an organ of state is in need of a service provided by only tertiary institutions, such service must be procured through a tendering process from the identified tertiary institutions.

(12) Tertiary referred to in sub-regulation (11) will be required to submit their B-BBEE status in terms of the specialized scorecard contained in the B-BEE Coded of Good Practice.

(13) (a) should an organ of state require a service that can be provided by one or more tertiary institutions or public entities and enterprise form the private sector, the appointment of a contractor must be done by means of tendering process;

(b) Public entities will be required to submit their B-BBEE status in terms of the specialized scorecard contained in the B-BBEE Coded of Good Practice.




Declarations

12. (1) A tender, must in the manner stipulated in the tender document, declare that-

a) The information provided is true and correct;b) The signatory to the tender document is duly authorized; andc) Documentary proof regarding any tendering issue will, when required be submitted to

the satisfaction of the relevant organ of state.

Remedies

13. (1) an organ of state must, upon detecting that-

a) The B-BBEE status level of contribution has been claimed or obtained on fraudulent basis; or

b) any of the conditions of the contract have not been fulfilled,Act against the tender or person awarded the contract.

a) Disqualify the person from the process;b) Recover all costs, losses or damages it has incurred or suffered as a result of person‘s

conduct. c) Cancel the contract and claim any damages which it has suffered as a result of having

to make less favorable arrangements due to such cancellation;d) Restrict the tenderer or contractor, its shareholders and directors, or only the

shareholders and the directors who acted on the fraudulent basis, from obtaining business from any organ of state for a period not exceeding 10 years, after the audialteriampartem (hear the other side) rules has been applied; and

e) Forward the matter for criminal prosecution.

Tax clearance

14. no tender may be awarded to any person whose tax matters have not been declared by the South African Revenue Services to be in order.

Repeal of Regulation

15. The Preferential Procurement Regulation, 2001, as published in Government Gazette No R. 725 of 10 August 2001, are hereby repealed as from 07 August 2011.

Short title and commencement

16. These Regulations are called the Preferential Procurement Regulations, 2011 and shall come into effect on 07 August 2011.





T1.4 Standard Conditions of Tender




T1.4 Standard Conditions of Tender

The Standard Conditions of Tender are as published under SANS 294: 2004 as contained in Annex F of the CIDB Standard for Uniformity in Construction Procurement (July 2015) as published in Government Gazette No 38960, Board Notice 136 of 2015 of 10 July 2015.

F.1 General

F.1.1 Actions

F.1.1.1 The employer and each tenderer submitting a tender offer shall comply with these conditions of tender. In their dealings with each other, they shall discharge their duties and obligations as set out in F.2 and F.3, timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices.

F.1.1.2 The employer and the tenderer and all their agents and employees involved in the tender process shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate.

Note: 1) A conflict of interest may arise due to a conflict of roles which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result. 2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty which would in any way affect any decisions taken.

F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and the capacity to proceed with the contract.

F.1.2 Tender Documents

The documents issued by the employer for the purpose of a tender offer are listed in the tender data.

F.1.3 Interpretation

F.1.3.1 The tender data and additional requirements contained in the tender schedules that are included in the returnable documents are deemed to be part of these conditions of tender.

F.1.3.2 These conditions of tender, the tender data and tender schedules which are only required for tender evaluation purposes, shall not form part of any contract arising from the invitation to tender.




F.1.3.3 For the purposes of these conditions of tender, the following definitions apply:

a) Conflict of interest means any situation in which:

i) someone in a position of trust has competing professional or personal interests which make it difficult to fulfill his or her duties impartially;

ii) an individual or organisation is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit; or

iii) incompatibility or contradictory interests exist between an employee and the organisation which employs that employee.

b) comparative offer means the price after the factors of a non-firm price and all unconditional discounts it can be utilised to have been taken into consideration;

c) corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of the employer or his staff or agents in the tender process;

d) fraudulent practice means the misrepresentation of the facts in order to influence the tender process or the award of a contract arising from a tender offer to the detriment of the employer, including collusive practices intended to establish prices at artificial levels;

e) organization means a company, firm, enterprise, association or other legal entity, whether incorporated or not, or a public body;

f) functionality means the totality of features and characteristics of a product or service that bear on its ability to satisfy stated or implied needs.

F.1.4 Communication and employer’s agent

Each communication between the employer and a tenderer shall be to or from the employer's agent only, and in a form that can be readily read, copied and recorded. Communications shall be in the English language. The employer shall not take any responsibility for non-receipt of communications from or by a tenderer. The name and contact details of the employer’s agent are stated in the tender data.

F.1.5 Cancellation and Re-Invitation of Tenders

F1.5.1 An organ of state may, prior to the award of the tender, cancel a tender if-

(a) due to changed circumstances, there is no longer a need for the services, works or goods requested; or

(b) funds are no longer available to cover the total envisaged expenditure; or

(c) no acceptable tenders are received.

F1.5.2 The decision to cancel a tender must be published in the cidb website and in the government Tender Bulletin for the media in which the original tender invitation was advertised.




F.1.6 Procurement procedures

F.1.6.1 General

Unless otherwise stated in the tender data, a contract will, subject to F.3.13, be concluded with the tenderer who in terms of F.3.11 is the highest ranked or the tenderer scoring the highest number of tender evaluation points, as relevant, based on the tender submissions that are received at the closing time for tenders.

F.1.6.2 Competitive negotiation procedure

F.1.6.2.1 Where the tender data require that the competitive negotiation procedure is to be followed, tenderers shall submit tender offers in response to the proposed contract in the first round of submissions. Notwithstanding the requirements of F.3.4, the employer shall announce only the names of the tenderers who make a submission. The requirements of

F.3.8 relating to the material deviations or qualifications which affect the competitive position of tenderers shall not apply.

F.1.6.2.2 All responsive tenderers, or not less than three responsive tenderers that are highest ranked in terms of the evaluation method and evaluation criteria stated in the tender data, shall be invited in each round to enter into competitive negotiations, based on the principle of equal treatment and keeping confidential the proposed solutions and associated information. Notwithstanding the provisions of F.2.17, the employer may request that tenders be clarified, specified and fine-tuned in order to improve a tenderer’s competitive position provided that such clarification, specification, fine-tuning or additional information does not alter any fundamental aspects of the offers or impose substantial new requirements which restrict or distort competition or have a discriminatory effect.

F.1.6.2.3 At the conclusion of each round of negotiations, tenderers shall be invited by the employer to make a fresh tender offer, based on the same evaluation criteria, with or without adjusted weightings. Tenderers shall be advised when they are to submit their best and final offer.

F.1.6.2.4 The contract shall be awarded in accordance with the provisions of F.3.11 and F.3.13 after tenderers have been requested to submit their best and final offer.

F.1.6.3 Proposal procedure using the two stage-system

F.1.6.3.1 Option 1

Tenderers shall in the first stage submit technical proposals and, if required, cost parameters around which a contract may be negotiated. The employer shall evaluate each responsive submission in terms of the method of evaluation stated in the tender data, and in the second stage negotiate a contract with the tenderer scoring the highest number of evaluation points and award the contract in terms of these conditions of tender.

F.1.6.3.2 Option 2

F.1.6.3.2.1 Tenderers shall submit in the first stage only technical proposals. The employer shall invite all responsive tenderers to submit tender offers in the second stage, following the issuing of procurement documents.




F.1.6.3.2.2 The employer shall evaluate tenders received during the second stage in terms of the method of evaluation stated in the tender data, and award the contract in terms of these conditions of tender.

F.2 Tenderer’s obligations

F.2.1 Eligibility

F.2.1.1 Submit a tender offer only if the tenderer satisfies the criteria stated in the tender data and the tenderer, or any of his principals, is not under any restriction to do business with employer.

F.2.1.2 Notify the employer of any proposed material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying requirements used by the employer as the basis in a prior process to invite the tenderer to submit a tender offer and obtain the employer’s written approval to do so prior to the closing time for tenders.

F.2.2 Cost of tendering

F2.2.1 Accept that, unless otherwise stated in the tender data, the employer will not compensate the tenderer for any costs incurred in the preparation and submission of a tender offer, including the costs of any testing necessary to demonstrate that aspects of the offer complies with requirements.

F2.2.2 The cost of the tender documents charged by the employer shall be limited to the actual cost incurred by the employer for printing the documents. Employers must attempt to make available the tender documents on its website so as not to incur any costs pertaining to the printing of the tender documents.

F.2.3 Check documents

Check the tender documents on receipt for completeness and notify the employer of any discrepancy or omission.

F.2.4 Confidentiality and copyright of documents

Treat as confidential all matters arising in connection with the tender. Use and copy the documents issued by the employer only for the purpose of preparing and submitting a tender offer in response to the invitation.

F.2.5 Reference documents

Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards, specifications, conditions of contract and other publications, which are not attached but which are incorporated into the tender documents by reference.

F.2.6 Acknowledge addenda

Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if necessary apply for an extension to the closing time stated in the tender data, in order to take the addenda into account.

F.2.7 Clarification meeting




Attend, where required, a clarification meeting at which tenderers may familiarize themselves with aspects of the proposed work, services or supply and raise questions. Details of the meeting(s) are stated in the tender data.

F.2.8 Seek clarification

Request clarification of the tender documents, if necessary, by notifying the employer at least five working days before the closing time stated in the tender data.

F.2.9 Insurance

Be aware that the extent of insurance to be provided by the employer (if any) might not be for the full cover required in terms of the conditions of contract identified in the contract data. The tenderer is advised to seek qualified advice regarding insurance.

F.2.10 Pricing the tender offer

F.2.10.1 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes (except Value Added Tax (VAT), and other levies payable by the successful tenderer, such duties, taxes and levies being those applicable 14 days before the closing time stated in the tender data.

F2.10.2 Show VAT payable by the employer separately as an addition to the tendered totalof the prices.

F.2.10.3 Provide rates and prices that are fixed for the duration of the contract and not subject to adjustment except as provided for in the conditions of contract identified in the contract data.

F.2.10.4 State the rates and prices in Rand unless instructed otherwise in the tender data. The conditions of contract identified in the contract data may provide for part payment in other currencies.

F.2.11 Alterations to documents

Do not make any alterations or additions to the tender documents, except to comply with instructions issued by the employer, or necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial all such alterations.

F.2.12 Alternative tender offers

F.2.12.1 Unless otherwise stated in the tender data, submit alternative tender offers only if a main tender offer, strictly in accordance with all the requirements of the tender documents, is also submitted as well as a schedule that compares the requirements of the tender documents with the alternative requirements that are proposed.

F.2.12.2 Accept that an alternative tender offer may be based only on the criteria stated in the tender data or criteria otherwise acceptable to the employer.

F.2.12.3 An alternative tender offer may only be considered in the event that the main tender offer is the winning tender.

F.2.13 Submitting a tender offer




F.2.13.1 Submit one tender offer only, either as a single tendering entity or as a member in a joint venture to provide the whole of the works, services or supply identified in the contract data and described in the scope of works, unless stated otherwise in the tender data.

F.2.13.2 Return all returnable documents to the employer after completing them in their entirety, either electronically (if they were issued in electronic format) or by writing legibly in non-erasable ink.

F.2.13.3 Submit the parts of the tender offer communicated on paper as an original plus the number of copies stated in the tender data, with an English translation of any documentation in a language other than English, and the parts communicated electronically in the same format as they were issued by the employer.

F.2.13.4 Sign the original and all copies of the tender offer where required in terms of the tender data. The employer will hold all authorized signatories liable on behalf of the tenderer. Signatories for tenderers proposing to contract as joint ventures shall state which of the signatories is the lead partner whom the employer shall hold liable for the purpose of the tender offer.

F.2.13.5 Seal the original and each copy of the tender offer as separate packages marking the packages as "ORIGINAL" and "COPY". Each package shall state on the outside the employer's address and identification details stated in the tender data, as well as the tenderer's name and contact address.

F.2.13.6 Where a two-envelope system is required in terms of the tender data, place and seal the returnable documents listed in the tender data in an envelope marked ―financial proposal‖ and place the remaining returnable documents in an envelope marked ―technical proposal‖. Each envelope shall state on the outside the employer’s address and identification details stated in the tender data, as well as the tenderer's name and contact address.

F.2.13.7 Seal the original tender offer and copy packages together in an outer package that states on the outside only the employer's address and identification details as stated in the tender data.

F.2.13.8 Accept that the employer will not assume any responsibility for the misplacement or premature opening of the tender offer if the outer package is not sealed and marked as stated.

F.2.13.9 Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer, unless stated otherwise in the tender data.

F.2.14 Information and data to be completed in all respects

Accept that tender offers, which do not provide all the data or information requested completely and in the form required, may be regarded by the employer as non-responsive.

F.2.15 Closing time

F.2.15.1 Ensure that the employer receives the tender offer at the address specified in the tender data not later than the closing time stated in the tender data. Accept that proof of posting shall not be accepted as proof of delivery.




F.2.15.2 Accept that, if the employer extends the closing time stated in the tender data for any reason, the requirements of these conditions of tender apply equally to the extended deadline.

F.2.16 Tender offer validity

F.2.16.1 Hold the tender offer(s) valid for acceptance by the employer at any time during the validity period stated in the tender data after the closing time stated in the tender data.

F.2.16.2 If requested by the employer, consider extending the validity period stated in the tender data for an agreed additional period with or without any conditions attached to such extension.

F.2.16.3 Accept that a tender submission that has been submitted to the employer may only be withdrawn or substituted by giving the employer’s agent written notice before the closing time for tenders that a tender is to be withdrawn or substituted.

F.2.16.4 Where a tender submission is to be substituted, submit a substitute tender in accordance with the requirements of F.2.13 with the packages clearly marked as “SUBSTITUTE”.

F.2.17 Clarification of tender offer after submission

Provide clarification of a tender offer in response to a request to do so from the employer during the evaluation of tender offers. This may include providing a breakdown of rates or prices and correction of arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the competitive position of tenderers or substance of the tender offer is sought, offered, or permitted.

Note: Sub-clause F.2.17 does not preclude the negotiation of the final terms of the contract with a preferred tenderer following a competitive selection process, should the Employer elect to do so.

F.2.18 Provide other material

F.2.18.1 Provide, on request by the employer, any other material that has a bearing on the tender offer, the tenderer’s commercial position (including notarized joint venture agreements), preferencing arrangements, or samples of materials, considered necessary by the employer for the purpose of a full and fair risk assessment. Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided, by the time for submission stated in the employer’s request, the employer may regard the tender offer as non-responsive.

F.2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required.

F.2.19 Inspections, tests and analysis

Provide access during working hours to premises for inspections, tests and analysis as provided for in the tender data.

F.2.20 Submit securities, bonds and policies

If requested, submit for the employer’s acceptance before formation of the contract, all securities, bonds, guarantees, policies and certificates of insurance required in terms of the conditions of contract identified in the contract data.




F.2.21 Check final draft

Check the final draft of the contract provided by the employer within the time available for the employer to issue the contract.

F.2.22 Return of other tender documents

If so instructed by the employer, return all retained tender documents within 28 days after the expiry of the validity period stated in the tender data.

F.2.23 Certificates

Include in the tender submission or provide the employer with any certificates as stated in the tender data.

F.3 The employer’s undertakings

F.3.1 Respond to requests from the tenderer

F.3.1.1 Unless otherwise stated in the tender Data, respond to a request for clarification received up to five working days before the tender closing time stated in the Tender Data and notify all tenderers who drew procurement documents.

F.3.1.2 Consider any request to make a material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying requirements used to prequalify a tenderer to submit a tender offer in terms of a previous procurement process and deny any such request if as a consequence:

a) an individual firm, or a joint venture as a whole, or any individual member of the joint venture fails to meet any of the collective or individual qualifying requirements;

b) the new partners to a joint venture were not prequalified in the first instance, either as individual firms or as another joint venture; or

c) in the opinion of the Employer, acceptance of the material change would compromise the outcome of the prequalification process.

F.3.2 Issue Addenda

If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period from the date that tender documents are available until three days before the tender closing time stated in the Tender Data. If, as a result a tenderer applies for an extension to the closing time stated in the Tender Data, the Employer may grant such extension and, shall then notify all tenderers who drew documents.

F.3.3 Return late tender offers

Return tender offers received after the closing time stated in the Tender Data, unopened, (unless it is necessary to open a tender submission to obtain a forwarding address), to the tenderer concerned.

F.3.4 Opening of tender submissions




F.3.4.1 Unless the two-envelope system is to be followed, open valid tender submissions in the presence of tenderers’ agents who choose to attend at the time and place stated in the tender data. Tender submissions for which acceptable reasons for withdrawal have been submitted will not be opened.

F.3.4.2 Announce at the meeting held immediately after the opening of tender submissions, at a venue indicated in the tender data, the name of each tenderer whose tender offer is opened and, where applicable, the total of his prices, number of points claimed for its BBBEE status level and time for completion for the main tender offer only.

F.3.4.3 Make available the record outlined in F.3.4.2 to all interested persons upon request.




F.3.5 Two-envelope system

F.3.5.1 Where stated in the tender data that a two-envelope system is to be followed, open only the technical proposal of valid tenders in the presence of tenderers’ agents who choose to attend at the time and place stated in the tender data and announce the name of each tenderer whose technical proposal is opened.

F.3.5.2 Evaluate functionality of the technical proposals offered by tenderers, then advice tenderers who remain in contention for the award of the contract of the time and place when the financial proposals will be opened. Open only the financial proposals of tenderers, who score in the functionality evaluation more than the minimum number of points for functionality stated in the tender data, and announce the score obtained for the technical proposals and the total price and any points claimed on BBBEE status level. Return unopened financial proposals to tenderers whose technical proposals failed to achieve the minimum number of points for functionality.

F.3.6 Non-disclosure

Not disclose to tenderers, or to any other person not officially concerned with such processes, information relating to the evaluation and comparison of tender offers, the final evaluation price and recommendations for the award of a contract, until after the award of the contract to the successful tenderer.

F.3.7 Grounds for rejection and disqualification

Determine whether there has been any effort by a tenderer to influence the processing of tender offers and instantly disqualify a tenderer (and his tender offer) if it is established that he engaged in corrupt or fraudulent practices.

F.3.8 Test for responsiveness

F.3.8.1 Determine, after opening and before detailed evaluation, whether each tender offer properly received:

a) complies with the requirements of these Conditions of Tender,

b) has been properly and fully completed and signed, and

c) is responsive to the other requirements of the tender documents.

F.3.8.2 A responsive tender is one that conforms to all the terms, conditions, and specifications of the tender documents without material deviation or qualification. A material deviation or qualification is one which, in the Employer's opinion, would:

a) detrimentally affect the scope, quality, or performance of the works, services or supply identified in the Scope of Work,

b) significantly change the Employer's or the tenderer's risks and responsibilities under the contract, or

c) affect the competitive position of other tenderers presenting responsive tenders, if it

were to be rectified.

Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by correction or withdrawal of the non-conforming deviation or reservation.




F.3.9 Arithmetical errors, omissions and discrepancies

F.3.9.1 Check the highest ranked tender or tenderer with the highest number of tender evaluation points after the evaluation of tender offers in accordance with F.3.11 for:

a) the gross misplacement of the decimal point in any unit rate;

b) omissions made in completing the pricing schedule or bills of quantities; or

c) arithmetic errors in:

i) line item totals resulting from the product of a unit rate and a quantity in bills of quantities or schedules of prices; or

ii) the summation of the prices.

F3.9.2 The employer must correct the arithmetical errors in the following manner:

a) Where there is a discrepancy between the amounts in words and amounts in figures, the amount in words shall govern.

b) If bills of quantities or pricing schedules apply and there is an error in the line item total resulting from the product of the unit rate and the quantity, the line item total shall govern and the rate shall be corrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the line item total as quoted shall govern, and the unit rate shall be corrected.

c) Where there is an error in the total of the prices either as a result of other corrections required by this checking process or in the tenderer's addition of prices, the total of the prices shall govern and the tenderer will be asked to revise selected item prices (and their rates if bills of quantities apply) to achieve the tendered total of the prices.

Consider the rejection of a tender offer if the tenderer does not correct or accept the correction of the arithmetical error in the manner described above.

F.3.10 Clarification of a tender offer

Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from the tender offer.

F.3.11 Evaluation of tender offers

F.3.11.1 General

Appoint an evaluation panel of not less than three persons. Reduce each responsive tender offer to a comparative offer and evaluate them using the tender evaluation methods and associated evaluation criteria and weightings that are specified in the tender data.

F.3.11.2 Method 1: Price and Preference

In the case of a price and preference:

1) Score tender evaluation points for price


Ps Ps Ps



2) Score points for BBBEE contribution

3) Add the points scored for price and BBBEE.

In the case of a functionality, price and preference:

1) Score functionality, rejecting all tender offers that fail to achieve the minimum number of

points for functionality as stated in the Tender Data.

2) No tender must be regarded as an acceptable tender if it fails to achieve the minimum qualifying score for functionality as indicated in the tender invitation.

3) Tenders that have achieved the minimum qualification score for functionality must be evaluated further in terms of the preference points system prescribed in paragraphs 4 and 4 and 5 below.

The 80/20 preference point system for acquisition of services, works or goods up to Rand value of R1 million.

4) (a)(i) The following formula must be used to calculate the points for price in respect of

tenders ( including price quotation) with a rand value equal to, or above R 30 000 and

up to Rand value of R 1 000 000 ( all applicable taxes included):

Ps=80(1− Pt−PminPmin )

WherePs = Points scored for comparative price of tender or offer under consideration;Pt = Comparative price of tender or offer under consideration; andPmin = Comparative price of lowest acceptable tender or offer.

(4)(a)(ii) An employer of state may apply the formula in paragraph (i) for price quotations with a value less than R30 000, if and when appropriate:

(4)(b) Subject to subparagraph(4)(c), points must be awarded to a tender for attaining the B- BBEE status level of contributor in accordance with the table below:

B-BBEE status level of contributor

Number of points1 202 183 164 125 86 67 48 2





(4)(c) A maximum of 20 points may be allocated in accordance with subparagraph (4)(b)

(4)(d) The points scored by tender in respect of B-BBEE contribution contemplated incontemplated in subparagraph (4) (b) must be added to the points scored for

price ascalculated in accordance with subparagraph (4)(a).

(4)(e) Subject to paragraph 4.3.8 the contract must be awarded to the tender who scores the highest total number of points.

The 90/ 10 preference points system for acquisition of services, works or goods with a Rand value above R 1 million

(5)(a) The following formula must be used to calculate the points for price in respect oftenders with a Rand value above R1 000 000 (all applicable taxes included):

Ps=90(1−Pt−PminPmin )

WherePs = Points scored for comparative price of tender or offer under consideration;Pt = Comparative price of tender or offer under consideration; andPmin = Comparative price of lowest acceptable tender or offer.

B-BBEE status level of contributor

Number of points1 102 93 84 55 46 37 28 1


(5)(b) Subject to subparagraph(5)(c), points must be awarded to a tender for attaining the B- BBEE status level of contributor in accordance with the table below: B-BBEE status level of contributor Number of points.

(5)(c) A maximum of 10 points may be allocated in accordance with subparagraph (5)(d) The points scored by tender in respect of B-BBEE contribution contemplated in

contemplated in subparagraph (5) (b) must be added to the points scored for price as calculated in accordance with subparagraph (5)(a).

(5)(e) Subject to paragraph 4.3.8 the contract must be awarded to the tender who scores the highest total number of points.




F.3.11.6 Decimal places

Score price, preference and functionality, as relevant, to two decimal places.

F.3.11.7 Scoring Price

Score price of remaining responsive tender offers using the following formula:

NFO = W1 x A

where:

NFO is the number of tender evaluation points awarded for price.W1 is the maximum possible number of tender evaluation points awarded for price asstated in the Tender Data.A is a number calculated using the formula and option described in Table F.1 as stated in the Tender Data.

Table F.1: Formulae for calculating the value of A

Formula

Comparison aimed at achieving Option 1a Option 2 a1

Highest price or discount A = (1 +( P - P m ))Pm A = P / Pm

2 Lowest price or percentage commission / fee

A = (1 - (P - P m ))Pm A = Pm / P

a Pm is the comparative offer of the most favorable comparative offer. P is the comparative offer of the tender offer under consideration.

F.3.11.8 Scoring preferences

Confirm that tenderers are eligible for the preferences claimed in accordance with the provisions of the tender data and reject all claims for preferences where tenderers are not eligible for such preferences.

Calculate the total number of tender evaluation points for preferences claimed in accordance with the provisions of the tender data.

F.3.11.9 Scoring functionality

Score each of the criteria and sub criteria for quality in accordance with the provisions of the Tender Data.

Calculate the total number of tender evaluation points for quality using the following formula:

NQ = W2 x SO / MS

Where:

SO is the score for quality allocated to the submission under consideration;MS is the maximum possible score for quality in respect of a submission; and




W2 is the maximum possible number of tender evaluation points awarded for the quality as stated in the tender data

F.3.12 Insurance provided by the employer

If requested by the proposed successful tenderer, submit for the tenderer's information the policies and / or certificates of insurance which the conditions of contract identified in the contract data, require the employer to provide.

F.3.13 Acceptance of tender offer

Accept the tender offer, if in the opinion of the employer, it does not present any risk and only if the tenderer:

a) is not under restrictions, or has principals who are under restrictions, preventing participating in the employer’s procurement,

b) can, as necessary and in relation to the proposed contract, demonstrate that he or she possesses the professional and technical qualifications, professional and technical competence, financial resources, equipment and other physical facilities, managerial capability, reliability, experience and reputation, expertise and the personnel, to perform the contract,

c) has the legal capacity to enter into the contract,

d) is not insolvent, in receivership, under Business Rescue as provided for in chapter 6 of the Companies Act, 2008, bankrupt or being wound up, has his affairs administered by a court or a judicial officer, has suspended his business activities, or is subject to legal proceedings in respect of any of the foregoing,

e) complies with the legal requirements, if any, stated in the tender data, and

f) is able, in the opinion of the employer, to perform the contract free of conflicts of interest.

F.3.14 Prepare contract documents

F.3.14.1 If necessary, revise documents that shall form part of the contract and that were issued by the employer as part of the tender documents to take account of:

a) addenda issued during the tender period,

c) inclusion of some of the returnable documents, and

d) other revisions agreed between the employer and the successful tenderer.

F.3.14.2 Complete the schedule of deviations attached to the form of offer and acceptance, if any.

F.3.15 Complete adjudicator's contract

Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange for both parties to complete formalities for appointing the selected adjudicator at the same time as the main contract is signed.




F.3.16 Notice to unsuccessful tenderers

F.3.16.1 Notify the successful tenderer of the employer's acceptance of his tender offer by completing and returning one copy of the form of offer and acceptance before the expiry of the validity period stated in the tender data, or agreed additional period.

F.3.16.2 After the successful tenderer has been notified of the employer’s acceptance of the tender, notify other tenderers that their tender offers have not been accepted.

F.3.17 Provide copies of the contracts

copy of the contract as soon as possible after completion and signing of the form of offer and acceptance.

F.3.18 Provide written reasons for actions taken

Provide upon request written reasons to tenderers for any action that is taken in applying these conditions of tender, but withhold information which is not in the public interest to be divulged, which is considered to prejudice the legitimate commercial interests of tenderers or might prejudice fair competition between tenderers.

F3.19 Transparency in the procurement process

F3.19.1 The CIDB prescripts require that tenders must be advertised and be registered on the CIDB i.Tender system.

F3.19.2 The employer must adopt a transparency model that incorporates the disclosure and accountability as transparency requirements in the procurement process.

F3.19.3 The transparency model must identify the criteria for selection of projects, project information template and the threshold value of the projects to be disclosed in the public domain at various intervals of delivery of infrastructure projects.

F3.19.4 The client must publish the information on a quarterly basis which contains the following information:

Procurement planning process Procurement method and evaluation process Contract type Contract status Number of firms tendering Cost estimate Contract title Contract firm(s) Contract price Contract scope of work Contract start date and duration Contract evaluation reports.




F3.19.5 The employer must establish a Consultative Forum which will conduct a random audit in the implementation of the transparency requirements in the procurement process.

F3.19.6 Consultative Forum must be an independent structure from the bid committees.

F3.19.7 The information must be published on the employer’s website.

F 3.19.8 Records of such disclosed information must be retained for audit purposes.

- END OF SECTION -




PART T2 RETURNABLE DOCUMENTS

T2.1 List of Returnable Documents




T2.1 List of Returnable Documents

Tenderers are required to submit the following with their tenders:

Document

No.

Description Submitted

Yes/NoA Proof of Company Registration

B Certified copies of ID documents of shareholders/Members/Partners

C Joint Venture Agreement certified by SAPS/Court of Law ( if any)

D Valid Original Tax Clearance Certificate or PIN number issued by SARS

E Proof of CSD Registration (National Treasury Department)

F Certified & Valid copy of BBBEE certificate / affidavit (consolidated if bidder is a JV)

G CIDB 6CE Grading or higher

H Unemployment Insurance Fund Certificate

I COID’s Letter of Good Standing

J Certified Letter from tenderers bank with bank ratings

K Public Liability Certificate from the insurance company

L Insurance – Letter of confirmation

M Performance Guarantee: Letter of Confirmation

N Company Profile

O Reference letters from Pervious Employers

P1 Project Organogram

P2 Curricula Vitae: Contracts Director or Contracts Manager (certified copies of qualifications)

P3 Curricula Vitae: Site Agent (certified copies of qualifications)

Q Curricula Vitae: Safety Officer (certified copies of qualifications)

R Proposed Programme

S Health & Safety Plan

T Quality Management Plan

U Environmental Method Statement




DOCUMENT A: PROOF OF COMPANY REGISTRATION

Registration Certificates for Companies, Close Corporations and Partnerships, or Agreements and Powers of Attorney for Joint Ventures, or ID documents for Sole Proprietors must be attached here. Certificates shall be included for all partners to a joint venture.

[Certified Copies of Registration Certificates, Powers of Attorney, ID Documents to be inserted here]




DOCUMENT B: CERTIFIED COPIES OF ID DOCUMENTS OF SHAREHOLDERS/MEMBERS AND

PARTNERS.It is a requirement that the tenderer submits certified copies of ID documents of shareholders/members and partners with his tender

[Certified Copies of ID documents to be inserted here]




DOCUMENT C: JOINT VENTURE AGREEMENT CERTIFIED BY SAPS OR A COURT OF LAW

In the event of a Tender being submitted by a Consortium or a Joint Venture of two or more firms, the following details shall be provided :-(a) The name and address of the Consortium of Joint Venture, and(b) Details of Directors/Partners/Members, e.g. names and addresses, scope of

involvement, experience, etc. shall be provided in the schedule below.(c) A certified copy of the “Document of Formation of the Joint Venture”, duly registered

and authenticated by a Notary Public or other official deputised to witness sworn statements, in which is defined precisely the conditions under which the joint venture will function, its period of duration, the persons authorised to represent and obligate it, the participation of several firms forming the joint venture, and any other information necessary to permit a full appraisal of this functioning, shall be attached to this Appendix.

SCHEDULE : DETAILS OF JOINT VENTURE, ETC.

(a) Name of Consortium or Joint Venture:

Address :

(b) Directors/Partners/Members :

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .




DOCUMENT D: VALID ORIGINAL TAX CLEARANCE CERTIFICATE

It is a requirement that the tenderer submits a valid Tax Clearance Certificate with his tender. Valid certificates shall be submitted for all partners to a joint venture or the pin number issued by SARS

[Valid Original Tax Clearance Certificate to be inserted here]

Valid Original Tax Clearance Certificate Pin No. : ________________




DOCUMENT E: PROOF OF CSD REGISTRATION FROM NATIONAL TREASURY

[The tenderer’s CSD Registration details to be inserted here]




DOCUMENT F: CERTIFIED & VALID COPY OF BBBEE CERTIFICATE OR AFFIDAVIT(CONSOLIDATED IF BIDDER IS A JV)

[The tenderer’s B-BBEE status verification certificate to be inserted here]




DOCUMENT G: CIDB 6CE GRADING OR HIGHER

Only certificates for the specified minimum category 6CE or higher are acceptable.




DOCUMENT H: UNEMPLOYMENT INSURANCE FUND CERTIFICATE

[The tenderer’s Unemployment Insurance Fund certificate to be inserted here]




DOCUMENT I: WORKMEN’S COMPENSATION LETTER OF GOOD STANDING – (CONSOLIDATED IF BIDDER IS A JV)

[The tenderer’s Workmen’s Compensation Letter of Good Standing or proof of payment of contributions to be inserted here]




DOCUMENT J: LETTER FROM TENDERER’S BANK CONFIRMING BANK RATING

[The tenderer’s letter from bank confirming tender’s bank rating to be inserted here]

And

[The letter confirming bank details or an original Cancelled Cheque]




DOCUMENT K: PUBLIC LIABILITY CERTIFICATE – LETTER OF CONFIRMATION

It is a requirement that the Tenderer must submit a certificate, from the Insurer that he intends to use, with his Tender which states that the Insurer is committed to provide the insurance required in terms of the Tender Document to the Tenderer, should the Contract be awarded to him.

[Certificate to be inserted here]




DOCUMENT L: INSURANCE – LETTER OF CONFIRMATION

It is a requirement that the Tenderer must submit a letter, from the Insurer that he intends to use, with his Tender which states that the Insurer is committed to provide the insurances required in terms of the Tender Document to the Tenderer, should the contract be awarded to him.

[Letter of confirmation to be inserted here]




DOCUMENT M: PERFORMANCE GUARANTEE: LETTER OF CONFIRMATION

It is a requirement that the Tenderer must submit a letter, from the Guarantor that he intends to use, with his Tender which states that the Guarantor is committed to provide the surety required in terms of the Tender Document to the Tenderer, should the contract be awarded to him.

[Letter of confirmation to be inserted here]




DOCUMENT N: COMPANY PROFILE




DOCUMENT O: REFERENCE LETTERS FROM PREVIOUS EMPLOYERS It is a requirement that the tenderer submits reference letters from previous employers on previous contracts with this tender.

REFERENCE CHECKS FOR PURPOSES OF TENDER EVALUATION

A : DETAILS OF TENDERER ASKING FOR THE REFERENCE

_____________________ __________________________________________________________________________________

Full tenderer’s name as it will appear on the Form of Offer

B : DETAILS OF ORGANISATION / PERSON PROVIDING THE REFERENCE (REFEREE)

_____________________ __________________________________________________________________________________

C : DETAILS OF THE TENDER CURRENTLY BEING PREPARED :Contract Number : ______ ________________________________________________________________________________Description : ___________________________________________________________________________________________Estimated Tender Value & Period : R / months

E : DETAILS OF CONTRACT COMPLETED FOR THE ORGANISATION PROVIDING THE REFERENCE

Description : ________________________________________________________________________________________

Date completed : / Value on completion : R Incl VAT

F : Ratings on aspects below on the performance of the tenderer (A above) on the contract / project (E above)

UNACCEP-

TABLEPOOR FAIR GOOD EXCELLENT

Contractor complete the work successfullyGeneral contract administrationProgramming &compliance theretoGeneral workmanshipReaction to instructionFinancial abilityRelationship with labour /communityAdequacy of plant, ,tools & equipmentWas the approved safety plan fully complied with?Environmental management plan complied with in all respects?Good contractor, co-operativePro-active in solving on site problemsDoes not indulge in trivial claims

G : General comment







H : DETAILS OF SIGNATORY ABOVESIGNATURE : ____________________________ DATE :_________________________________

FULL NAMES :______________________________ CAPACITY :_____________________________

TENDERER to complete A, B & E before sending to referee

CONSULTANT to complete C,F,G,H when preparing tender documents

[References to be inserted here, as per proforma above], copies to be sent to previous employers




DOCUMENT P: ORGANOGRAM

The Tenderer shall provide an organogram indicating the structure of the proposed project team to manage this project.




DOCUMENT Q1: CURRICULA VITAE & CERTIFIED COPIES OF QUALIFICATIONS: KEY PERSONNEL

(CONTRACT MANAGER)

[Copy of CV’s and Qualifications to be inserted here]




DOCUMENT Q2: CURRICULA VITAE & CERTIFIED COPIES OF QUALIFICATIONS: KEY PERSONNEL (SITE

AGENT)





DOCUMENT Q3: CURRICULA VITAE & CERTIFIED COPIES OF QUALIFICATIONS: KEY PERSONNEL

(SAFETY OFFICER)





DOCUMENT R: PROPOSED WORK PROGRAMME

The Tenderer shall attach a proposed work programme that reflects the sequence and tempo of execution of the various activities comprising the work for this Contract. The programme shall be in accordance with the information supplied in the Contract, requirements of the Project Specifications and Schedule of Quantities and with all other aspects of his Tender.The programme shall provide sufficient information on the Contractor’s intentions regarding establishment, deployment of staff and equipment, start and completion dates of all activities and shall also demonstrate the Contractor’s appreciation of the interdependency of activities eg trench excavation, pipe and specials delivery, pipe lining, testing, backfilling, construction of related structures, etc as well as the critical path of the works. In addition to a printed copy, the programme must be available on request as a PDF file and in MS Project format.The planning, program and method statements are to comply with the following: Microsoft Project format Links between all predecessors to and all dependencies to any particular task must be shown Critical path must be shown.The programme must take into account and be based on: A 3 month contract period The Special non-working days Expected weather delays as set out in the Contract DataIn support of and to substantiate the proposed Work Programme, the Tenderer shall provide a methodology covering his understanding of the work and the activities required to achieve the objectives of the project. The methodology should not be more than ten pages.Notes:

(1) The programme must be based on the completion time as specified in the Contract Data. No completion time greater than that specified will be accepted. .




DOCUMENT S: HEALTH & SAFETY PLAN

[Health and Safety Plan to be inserted here]




DOCUMENT T: QUALITY MANAGEMENT PLAN

[Quality Management Plan to be inserted here]




DOCUMENT U: ENVIRONMENTAL METHOD STATEMENT

[EMS to be inserted here]




PART T2 RETURNABLE DOCUMENTS

T2.2 Returnable Schedules




T2.2 Returnable Schedules

ScheduleNo. Description Submitted

Yes /No

1 Certificate of Attendance at Site Meeting

2 Addenda/Notice(s) issued to Tenderers (IF ANY)

3 Alterations/Amendments by Tenderer (IF ANY)

4 Authority of Signatory

5 Compulsory Enterprise Questionnaire

6 Declaration of Interest

7 Declaration of Bidder’s Past Supply Chain Management Practices

8 Declaration of Independent Bid Determination

9 Preference Points Claim Form

10 Contract Participation Goal

11 SBD 6.2 Local Content Declaration

12 Annexure C Local Content

13 Schedule of Work Experience

14 Reference’s Assertion Schedules

15 Schedule of Key Staff

16 Schedule of Plant & Equipment

17 Day Work Allowances

18 Schedule of Sub-Contractors

19 Waiver of Lien




SCHEDULE 1: CERTIFICATE OF ATTENDANCE AT SITE MEETING

This is to certify that (tenderer) ______________________________________________________

of (address) _____________________________________________________________________

______________________________________________________ was represented by the person

named below at the compulsory meeting held for all tenderers at (location) ___________________

__________________ on (date) _______________________starting at (time) ________________

I acknowledge that the purpose of the meeting was to acquaint myself with the site of the works and / or matters incidental to doing the work specified in the tender documents in order for me to take account of everything necessary when compiling our rates and prices included in the tender.

Particulars of person attending the meeting:

Name: _______________________________ Signature: ________________________________

Capacity:________________________________

NOTE! Attendance Certificate to be signed by at least two representatives of Mhlathuze Water and to be stamped with Mhlathuze Water Supply Chain Management stamp.

The above person meeting attendance is confirmed by the Employer's representative, namely:

1. Name:_____________________________ Capacity:__________________________

Signature:__________________________ Date:______________________________

2. Name :_____________________________ Capacity:___________________________

Signature: __________________________ Date:______________________________

SCMU STAMP:




SCHEDULE 2: ADDENDA / NOTICE(S) ISSUED TO TENDERERS

I/We confirm that the following communication / Information / Notice(s), issued to Tenderers, was received from the Employer before the submission of this tender offer and has been taken into consideration in this tender:(NB: Addendum/Addenda shall only be made available to Tenderers who attended the Site Clarification Meeting.)

Addendum / Notice Reference Number

Date of Issue Subject Matter of Addendum / Notice

NB: Evidence of such addenda must be attached to this Schedule.

Specify number of sheets appended to this schedule _______________ (if none, enter NONE)

SIGNATURE: ____________________________DATE:___________________________(On behalf of the Tenderer)




SCHEDULE 3: ALTERATIONS / AMENDMENTS BY TENDERER

The Tenderer shall record and attach to this page any deviation or alteration he/she may wish to make to the tender document. The Tenderer shall pay attention to Clause F.3.8 of the CIDB Standard Conditions of Tender with regards to how the deviations shall be dealt with by the Employer.

Page No. Clause / Description

Specify the number of sheets appended to this schedule _____________ (if none, enter NONE)

SIGNATURE: ____________________________DATE:___________________________(On behalf of the Tenderer)




SCHEDULE 4 : AUTHORITY OF SIGNATORY

Tenderers shall submit with their tenders the following information:

1 The full First Names and Surnames of their partners and/or directors:

.............................................................................................................……………..

...............................................................................................................................

2 The names and addresses of the local agents, firms, or representatives who are involved in any manner whatsoever in the Tender

...............................................................................................................................

...............................................................................................................................

3 In the case of a tender being submitted on behalf of a Company, Close Corporation or Partnership; assurance shall be given at the time of submission of the tender that the tender has been signed by someone properly authorised thereto by resolution of the Directors, Members or Partners. Signatories for companies shall confirm their authority by attaching to this form a copy of the relevant resolution of the board of directors, duly signed and dated.

By resolution of the board of directors taken on (Date)..........................................

Mr/Ms (Print Name).................................................................................................

has been duly authorized to sign all documents in connection with this tender / contract on behalf of:.............................................................................................

(Print Company Name)...........................................................................................

...............................................................................................................................

Signed on behalf of Company:................................................................................

In his/her capacity as :............................................................................................

Date :…………………………………

SIGNED ON BEHALF OF TENDERER: ………………………………

SIGNATURE OF SIGNATORY:..............................................................................




SCHEDULE 5: COMPULSORY ENTERPRISE QUESTIONNAIRE

The following particulars must be furnished. In the case of a joint venture, separate enterprise questionnaires in respect of each partner must be completed and submitted.

Section 1: Name of Enterprise

Section 2: VAT registration number (if any)

Section 3: Particulars of sole proprietors and partners in a partnership

Name Identity Number Personal Income Tax Number

NB: Section 3 to be completed only if a tenderer is a sole proprietor or partnership

Section 4: Particulars of companies and close corporationsCompany registration number: ________________________________________Close corporation number: ________________________________________Tax reference number: ________________________________________

Section 5: Records in the service of the StateIndicate by marking the relevant boxes with a cross , if any sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been, within the last 12 months, in service of any of the following:

a member of any municipal councila member of the National Assembly or the National Council of Provincea member of the board of directors of any municipalityan official of any municipality or municipal entityan employee of Parliament or a provincial legislaturea member of an accounting authority of any national or provincial public entityAn employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999)a member of any provincial legislature

If any of the above boxes are marked, disclose the following:

Name of sole proprietor, partner, manager, director,

Name of institution, public office, board or organ of state and

Status of service (i.e. current or




principal shareholder or stakeholder position held within the last

12 months)

NB: Please attach a separate page if necessary.

Section 6: Record of spouses, children, relatives, parents in the service of stateIndicate by marking the relevant boxes with a cross , if any sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been, within the last 12 months, in service of any of the following

a member of any municipal council

a member of the National Assembly or the National Council of Province

a member of the board of directors of any municipality

an official of any municipality or municipal entity

an employee of Parliament or a provincial legislaturea member of an accounting authority of any national or provincial public entityAn employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999)a member of any provincial legislature




If any of the above boxes are marked, disclose the following:

Name of spouse, child, relative or parent

Name of institution, public office, board or organ of state and position held

Status of service (i.e. current or within the last 12 months)

NB: Please attach a separate page if necessary.

Section 7: List of partners, proprietors and shareholders by name, identity number, citizenship, PDI status and ownership, as relevant.

NAME IDENTITYNUMBER

CITIZENSHIP

PDI STATUS(YES/NO)

DATE OFOWNERSHI

P

%OWNE

D

VOTING %

NOTE: where owners are themselves a company, close corporation, partnerships etc. identify the ownership of the holding firm.The undersigned, who warrants that he/she is duly authorised to do so on behalf of the enterprise:(i) confirms that neither the name of the enterprise or the name of any partner, manager,

director or any other person who partly or wholly exercises or may exercise control over the enterprise appears on the Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004;

(ii) confirms that no partner, member, director or any other person, who partly or wholly exercise or may exercise control over the enterprise has, within the last five (5) years been convicted of fraud or corruption;

(iii) confirms that he/she or any of the partners, members, directors or any other person is not associated, linked or involved with any other tendering entities submitting tender offers and have no other relationship with any of the tenderers or those responsible for compiling the scope of work that could cause or be interpreted as a conflict of interest;

(iv) confirms that the contents of this questionnaire are within his/her personal knowledge and are to the best of his/her belief both true and correct.

Signed on behalf of Tenderer: __________________________ Date: ________________




Name: ___________________________________ Position: ________________________

SCHEDULE 6: DECLARATION OF INTEREST

1. Any legal person, including persons employed by the state¹, or persons having a kinship with persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes an advertised competitive bid, a limited bid, a proposal or written price quotation). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where- - the bidder is employed by the state; and/or- the legal person on whose behalf the bidding document is signed, has a relationship

with persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid.

2. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

2.1 Full Name of bidder or his or her representative: ………………………………………………..…………………….

2.2 Identity Number:……………………………………………………………………………………………….…………………...

2.3 Position occupied in the Company (director, trustee, shareholder², member):

……………………………………………………………………………………………………………………………..……………….

2.4 Registration number of company, enterprise, close corporation, partnership agreement or trust:

………………………………………………………………………..………….……………………………………………..….……….

2.5 Tax Reference Number: …………………………………………………………………..……………………………….………

2.6 VAT Registration Number: ……………………………………………………………………………………………….……....

2.6.1 The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference numbers and, if applicable, employee / PERSAL numbers must be indicated in paragraph 3 below:




¹“State” means –

(a) Any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999);

(b) Any municipality or municipal entity;(c) Provincial legislature;(d) National Assembly or the national Council of provinces; or(e) Parliament.

²”Shareholder” means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise.

2.7 Are you or any person connected with the bidder YES / NOpresently employed by the state?

2.7.1 If so, furnish the following particulars:

Name of person / director / trustee / shareholder/ member: ……....……………..…………………………Name of state institution at which you or the person connected to the bidder is employed : …………………………………………………………………Position occupied in the state institution: …………………………………………………………………

Any other particulars:…………………………………………………………………………………………………………………………….…………………………………………………………………………………………………………………………….…………………………………………………………………………………………………………………………………………………….………

If you are presently employed by the state, did you obtain YES / NO

the appropriate authority to undertake remunerative work outside employment in the public sector?

2.7.1.1If yes, did you attach proof of such authority to the bid YES / NOdocument?(Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid.

2.7.1.2If no, furnish reasons for non-submission of such proof:




……………………………………………………………………………………………………………………………….………….………………………………………………………………………………………………………………………………….……….……………………………………………………………………………………………………………………………….………….

2.8 Did you or your spouse, or any of the company’s directors / YES / NOtrustees / shareholders / members or their spouses conduct business with the state in the previous twelve months?

2.8.1 If so, furnish particulars:…………………………………………………………………………………………………………………………………………..……………………………………………………………………………………………………………………………………...….. ……………………………………………………………………………………………………………………..…………………...

2.9 Do you, or any person connected with the bidder, have YES / NOany relationship (family, friend, other) with a person employed by thestate and who may be involved with the evaluation and or adjudication of this bid?

2.9.1 If so, furnish particulars.…………………………………………………………………………………………………………………….

………………...……………………………………………………………………………………………….

…………………………………..….

…………………………………………………………………………………………………………………………….…………

2.10 Are you, or any person connected with the bidder, YES/NOaware of any relationship (family, friend, other) between any other bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid?

2.10.1 If so, furnish particulars.……………………………………………………………………………………………………………………..…………………………………………………………………………………………………………………………………………………………..




………………………………………………………………………………………………………………………………………..

2.11 Do you or any of the directors / trustees / shareholders / members YES/NOof the company have any interest in any other related companies whether or not they are bidding for this contract?

2.11.1 If so, furnish particulars:………………………………………………………………………………………………………….…………………………….…………………………………………………………………………………………………………………………….………….………………………………………………………………………………………………………………………………………..




3. Full Details of Directors/Trustees/Members/Shareholders.

Full Name Identity Number

Personal Income Tax Reference Number

State Employee Number / Persal Number

4. DECLARATION

I, THE UNDERSIGNED (NAME)…………………………………………………………………………………..…………………

CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME SHOULD THIS

DECLARATION PROVE TO BE FALSE.

………………………………….. ..…………………………………………… Signature Date

…………………………………. ………………………………………………Position Name of bidder




SCHEDULE 7: DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

1 This Standard Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by institutions in ensuring that when goods and

services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system.

3 The bid of any bidder may be disregarded if that bidder, or any of its directors have-a. abused the institution’s supply chain management system;b. committed fraud or any other improper conduct in relation to such system; orc. failed to perform on any previous contract.

4 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector?(Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audialterampartem rule was applied).The Database of Restricted Suppliers now resides on the National Treasury’s website (www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page.

Yes No

4.1.1

If so, furnish particulars:

4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)?The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page.

Yes No


http://www.treasury.gov.za/

http://www.treasury.gov.za/



4.2.1


4.3 Was the bidder or any of its directors convicted by a court of law (including a court outside of the Republic of South Africa) for fraud or corruption during the past five years?

Yes No

4.3.1


4.4 Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

Yes No

4.4.1


CERTIFICATION

I, THE UNDERSIGNED (FULL NAME)…………………………………………………

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT.

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

………………………………………... …………………………..Signature Date

………………………………………. …………………………..Position Name of Bidder




SCHEDULE 8: CERTIFICATE OF INDEPENDENT BID DETERMINATIONCONTRACT MW/??/2017


Notes to tenderer:1. This certificate conforms to Treasury Regulation 16A9 and the requirement of

section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, that prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive tendering.

2. Collusive tendering is a conspiracy between businesses that would normally be expected to compete, to agree not to compete, in a tender process.

3. This certificate serves as a declaration by the tenderer that the tender submitted is free from any collusion with a competitor.

Declaration

I, the undersigned, in submitting the accompanying tender on behalf of the tenderer do hereby make the following statements that I certify to be true and complete in every respect:

1. I have read and understand the notes to, and the contents of, this Certificate;

2. I understand that the accompanying tender will be disqualified if this Certificate is found to be not true and complete in every respect;

3. I am authorised by the tenderer to sign this Certificate, and to submit the accompanying tender, on behalf of the tenderer;

4. Each person whose signature appears on the accompanying tender has been authorised by the tenderer to determine the terms of, and to sign the tender, on behalf of the tenderer;

5. For the purposes of this Certificate and the accompanying tender, I understand that the word “competitor” shall include any individual or organisation, other than the tenderer, whether or not affiliated with the tenderer, who:

a) has been requested to submit a tender in response to this tender invitation;

b) could potentially submit a tender in response to this tender invitation, based on their qualifications, abilities or experience; and

c) provides the same goods and services as the tenderer and/or is in the same line of business as the tenderer.

6. The tenderer has arrived at the accompanying tender independently from, and without consultation, communication, agreement or arrangement with any competitor. However, communication between partners in a joint venture or consortium will not be construed as collusive tendering.

7. In particular, without limiting the generality of statement 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: prices;




a) geographical area where product or service will be rendered (market allocation);

b) methods, factors or formulas used to calculate prices;

c) the intention or decision to submit, or not to submit, a tender;

d) the submission of a tender which does not meet the specifications and conditions of the tender; or

e) tendering with the intention not to win the tender.

8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this tender relates.

9. The terms of the accompanying tender have not been, and will not be, disclosed by the tenderer, directly or indirectly, to any competitor, prior to the date and time of the official tender opening or of the awarding of the contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to tenders and contracts, tenders that are suspicious will be reported to the Competitions Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No. 89 of 1998 and/or may be reported to the National Prosecuting Authority for criminal investigation and/or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No. 12 0f 2004 or any other applicable legislation.

SIGNATURE: ____________________________DATE:________________(On behalf of the Tenderer)




SCHEDULE 9: PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017

This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution

NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017.

1. GENERAL CONDITIONS

1.1 The following preference point systems are applicable to all bids:

- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included); and

- the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included).

1.2 The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included) and therefore the 80/20 system shall be applicable.

1.3 Preference points for this bid shall be awarded for:

(a) Price; and(b) B-BBEE Status Level of Contribution.

1.3.1 The maximum points for this bid are allocated as follows:

POINTS

1.3.1.1 PRICE …………..

1.3.1.2 B-BBEE STATUS LEVEL OF CONTRIBUTION …………...

Total points for Price and B-BBEE must not exceed 100

1.4 Failure on the part of a bidder to fill in and/or to sign this form and submit a B-BBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

1.5. The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.




2. DEFINITIONS

2..1 “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies;

2.2 “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad -Based Black Economic Empowerment Act;

2.3 “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity based on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

2.4 “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of services, works or goods, through price quotations, advertised competitive bidding processes or proposals;

2.5 “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2014 (Act No. 53 of 2014);

2.6 “comparative price” means the price after the factors of a non-firm price and all unconditional discounts that can be utilized have been taken into consideration;

2.7 “consortium or joint venture” means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract;

2.8 “contract” means the agreement that results from the acceptance of a bid by an organ of state;2.9 “EME” means any enterprise with an annual total revenue of R5 million or less .2.10 “Firm price” means the price that is only subject to adjustments in accordance with the actual increase or

decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract;

2.11 “functionality” means the measurement according to predetermined norms, as set out in the bid documents, of a service or commodity that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a bidder;

2.12 “non-firm prices” means all prices other than “firm” prices; 2.13 “person” includes a juristic person;2.14 “rand value” means the total estimated value of a contract in South African currency, calculated at the

time of bid invitations, and includes all applicable taxes and excise duties;2.15 “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing,

another person to support such primary contractor in the execution of part of a project in terms of the contract;

2.16 “total revenue” bears the same meaning assigned to this expression in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007;

2.17 “trust” means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person; and

2.18 “trustee” means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person.

3. ADJUDICATION USING A POINT SYSTEM

3.1 The bidder obtaining the highest number of total points will be awarded the contract.3.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into

account all factors of non-firm prices and all unconditional discounts;.3.3 Points scored must be rounded off to the nearest 2 decimal places.




3.4 In the event that two or more bids have scored equal total points, the successful bid must be the one scoring the highest number of preference points for B-BBEE.

3.5 However, when functionality is part of the evaluation process and two or more bids have scored equal points including equal preference points for B-BBEE, the successful bid must be the one scoring the highest score for functionality.

3.6 Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots.

4. POINTS AWARDED FOR PRICE

4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

Ps=80(1− Pt−PminPmin )

orPs=90(1−Pt−Pmin

Pmin )Where

Ps = Points scored for comparative price of bid under considerationPt = Comparative price of bid under considerationPmin = Comparative price of lowest acceptable bid

5. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTION

5.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:

B-BBEE Status Level of Contributor

Number of points (90/10 system)

Number of points(80/20 system)

1 10 20

2 9 18

3 8 14

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant contributor 0 0

5.2 Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA’s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates.




5.3 Bidders other than EMEs must submit their original and valid B-BBEE status level verification certificate or a certified copy thereof, substantiating their B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS.

5.4 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits their B-BBEE status level certificate.

5.5 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate bid.

5.6 Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice.

5.7 A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the intended sub-contractor is an EME that has the capability and ability to execute the sub-contract.

5.8 person awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-contract.

6. BID DECLARATION

6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:

7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.3.1.2 & 5.1

7.1 B-BBEE Status Level of Contribution: …………. = ……………(maximum of 10 or 20 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA).

8. SUB-CONTRACTING

8.1 Will any portion of the contract be sub-contracted? YES / NO (delete which is not applicable) 8.1.1 If yes, indicate:

(i) what percentage of the contract will be subcontracted?..................................................….…%

(ii) the name of the sub-contractor?.........………………………………………………………………………..…………..

(iii) the B-BBEE status level of the sub-contractor?..........................................................……………..

(iv) whether the sub-contractor is an EME?...........................YES / NO (delete which is not applicable)

9. DECLARATION WITH REGARD TO COMPANY/FIRM

9.1 Name of company/firm .............................................................................................

9.2 VAT registration number .............................................................................................




9.3 Company registration number …………………………………………………………………….:

9.4 TYPE OF COMPANY/ FIRM

Partnership/Joint Venture / Consortium One person business/sole propriety Close corporation Company (Pty) Limited

[TICK APPLICABLE BOX]

9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES…………..................................................................................................................................................………………...........................................................................................................................................……………...............................................................................................................................................

9.6 COMPANY CLASSIFICATION

Manufacturer Supplier Professional service provider Other service providers, e.g. transporter, etc.

[TICK APPLICABLE BOX]

9.7 Total number of years the company/firm has been in business? ……………………………………

9.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contribution indicated in paragraph 7 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that:

(i) The information furnished is true and correct;(ii) The preference points claimed are in accordance with the General Conditions as

indicated in paragraph 1 of this form.(iii) In the event of a contract being awarded as a result of points claimed as shown in

paragraph 7, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;

(iv) If the B-BBEE status level of contribution has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –

(a) disqualify the person from the bidding process;(b) recover costs, losses or damages it has incurred or suffered as a result of that

person’s conduct;(c) cancel the contract and claim any damages which it has suffered as a result of

having to make less favourable arrangements due to such cancellation;(d) restrict the bidder or contractor, its shareholders and directors, or only the

shareholders and directors who acted on a fraudulent basis, from obtaining




business from any organ of state for a period not exceeding 10 years, after the audialterampartem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution

WITNESSES:

1. ………………………………………

SIGNATURE(S) OF BIDDER(S)

2. ………………………………………

DATE:……………………………….. ADDRESS:…………………………………………………….

….…………………………………………………….

….…………………………………………………….




SCHEDULE 10: CONTRACT PARTICIPATION GOAL-CONSTRUCTION 1. Objective

The objective of Mhlathuze Water’s B-BBEE policy is to bring about meaningful transformation in the built environment consulting industry through the following: Meaningful Economic Participation; Transfer of Technical, Management and Entrepreneurial Skills; and Creation of sustainable Black Enterprises.

Contract Participation GoalsContract Participation Goal (CPG) – the value of services paid to one or more targeted enterprise(s) exclusive of the following: All allowances, and any Value Added Tax or sales tax which the law requires the employer to

pay to the service provider.

The CPG is expressed as a percentage of the contract amount. Tenderers are required to achieve a minimum of 35% Contract Participation Goals (CPG) including a minimum 5% Black Women Participation of the value of goods, services and Works paid to one or

more targeted enterprises to comply with Mhlathuze Water’s B-BBEE policy.

Applicability

The CPG target is applicable to all Contractors with the specific required CIDB grading for this tender involving targeted enterprise with a CIDB grading of smaller than same but not greater than 6 and may be achieved through any of the following mechanisms/approaches:

Joint Venture Partnership Sub-contracting (sub-consulting)

The above are defined in the returnable schedules.

The Intention is for skills to be transferred from the higher-graded enterprise to the lesser-graded enterprise hence joint ventures formed by two or more targeted enterprises are not desirable. Engaging sub-contractors will be a preferred method.

A targeted enterprise involved in tendering with a higher-graded enterprise shall not be permitted to submit a separate tender.




Construction Contractors

Type Of EnterpriseAnnual Turnov

er

Black Ownershi

p

Tax Clearanc

e Certificat

e

Minimum Full Time

Employees

CIDB Gradin

gCPG

Target

Established or Developed or Large

Enterprise>R50 m N/A Required >3 6 to 9 65%

Max.

Targeted Enterprise

Qualifying Small

Enterprise

>R10 m and

< R50 m> 50% or > 30% BWO Required >3

1 to 5 35% Min.Emerging

MicroEnterprise

< R10 m > 50% or > 30% BWO Required 3

2. Application

The CPG ratio calculation is to be based on the Tender Value (excluding VAT, contingencies and CPA) less the cost of special materials [indicated as such in the tender document] to be procured by the Contractor, but including the Contractor’s mark-up value of these materials.

The distribution of the work according to the CPG ratio must be across the various levels of management, supervision, artisans and labour within the contract to ensure that a transfer of skills occurs at all these levels.

Example of CPG targets for Contractors:Job Function / Work Package

Type of Enterprise

Maximum % Contract

Value / Hours

Type of Enterprise

Minimum % Contract

Value / HoursManagement Developed 65% Targeted 35%Contracts Manager Developed 65% Targeted

35%

Site Agent Developed 65% Targeted 35%Foreman Developed 65% Targeted 35%

Labour Maximise use and training of LOCAL LABOUROverall Developed 65% Targeted 35%

Specific construction activities, such as haulage, excavation and the like, may be allocated in total to targeted enterprises where this will enable these enterprises to become better established in these specialized activities.

Rates paid to targeted enterprises must be no less than those paid to a developed enterprise to undertake the same task or function.




3. Reporting

For each monthly invoice submitted by the main Contractor, on a contract where the CPG target is applicable, the split between the Developed Enterprise(s) and the Targeted Enterprise(s) hours and costs per function must be clearly articulated to enable the CPG targets to be easily and regularly monitored.

4. Eligibility Criteria

For tenders where the CPG target is applicable, those that do not offer a minimum CPG of 35% according to the requirements mentioned above will be deemed ineligible.

CIDB registration requirement for both main and targeted partner where applicable. Eligibility criteria for the Developed and Targeted enterprises shall be separated. The onus is on the developed enterprise to ensure that their targeted partner meets the criteria for targeted enterprises.

Eligibility criteria for Targeted Enterprise

Developed enterprise must not have equity holding exceeding 20%, either directly or through a flow-through principle

CIDB registration <6 (GB, CE, ME and EB)

SARS registration and tax clearance

CIPC registration

Minimum 3 permanent employees

Must be either >50% Black-owned or >30% black-women owned.

Documents to be utilized to enable evaluation of Tenders

Proposed organizational staffing / Key personnel CVs

Letter from the auditor to verify company turnover

Owners IDs to verify gender

Company registration documents

Tax clearance certificate

Copies of employees’ IDs and letter of employment

CIDB CRS number where applicable

Declaration by targeted enterprise.




Change in Targeted Partners

In the event that during the subsistence or implementation of the Contract/Project, the Service Provider elects to terminate its relationship with its targeted enterprise, the Service Provider is obliged to notify the Employer of such decision and provide the Employer with the details of the new proposed targeted enterprise for verification and acceptance by the Employer prior to the Service Provider engaging the services of the proposed targeted enterprise. Failure to meet this obligation is detailed above, shall trigger the repudiation and the Employer shall have the right to terminate the Contract forthright.

The notification of the proposed targeted enterprise should in no way be construed to create any relationship between the Employer and the targeted enterprise.

Monitoring of Contractual Obligations

Agreement between developed and target partner to be submitted within 14 days from date of award clearly providing detailed work packages to be performed by the targeted enterprise

Payment Certificates from the targeted partner indicating work packages performed

Site visits

Interviews with targeted partner’s staff to cover:

Confirmation that targeted partner has been paid for services rendered

Confirmation of skills transfer.

Performance management

Incentives for achieving more than the minimum CPG or finishing early

Possible shorter payment cycle in exchange for settlement discount

Recognition certificate / award (developed & targeted)

Penalties for not achieving the minimum CPG or finishing late

Financial value of the CPG not achieved to a maximum of 35% of the applicable contract value.

Annexes:

a) Declaration by Targeted Enterprise

b) Targeted Enterprise Company profile

c) Sample schedule to be attached to payment claim in respect of Deliverable C1: Provide business opportunities for targeted enterprises

d) Memo of Agreement between Contractor and CPG Partner

e) BoQ for CPG Partner showing accepted rates and signed by both Parties.







Targeted Enterprise Declaration

Targeted Enterprise Details

Company Name: ______________________________________________________________________________Contact Person:_______________________________________________________________________________Designation of Contact Person:___________________________________________________________________Office No.: _________________________ Fax No.:__________________________________________________Cellphone No.:________________________________________________________________________________Email:_______________________________________________________________________________________

Ownership by Black People (Minimum 30% of the contract value)

Name:______________________________ Surname:________________________________ID No.:_____________________________ Citizenship:______________________________Equity Holding:_______________________ Gender: _________________________________Contact No.:_________________________ Email:___________________________________



Ownership by Black Women (minimum 5% of the contract value)




Employee Details

Number of permanent Employees other than the owner:_________________________________Name Identity No.




_________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ _________________________________NB: Please attached copies of letters of employment

Developed Enterprise / Main Contractor

Company Name:_________________________________________________________________

Project Description

Tender No.: _________________________________________________________Project Description:_____________________________________________________________________________________________________________________

Contract Participation for Targeted Enterprise

Total value of Contract excluding VAT, Allowances, CPA: _________________________________Total value of contract participation by targeted enterprise:_______________________________Percentage (%) contract participation by targeted enterprise:_____________________________

Broad description of work to be performed by the targeted enterprise:______________________________________________________________________________________________________________________________________________________________________________________________________

Declaration by Targeted Enterprise

I/We, the undersigned warrant that:

If ______________________________(developed enterprise) is successful in being awarded the above contract, I/we will enter into a formal sub-contract agreement.

_______________________________ (developed enterprise) does not have equity shareholding in targeted enterprise / has equity shareholding which is less than 20% in targeted enterprise

(delete whichever is not applicable) I / We are duly authorized to sign on behalf of the targeted enterprise.

Name:________________________________Designation:______________________________

Signature:_____________________________________ Date: ___________________________




On behalf of the Developed Enterprise:

I, the undersigned warrant that :

I am duly authorised to sign on behalf of the Developed Enterprise.

Name:____________________________________ Designation:____________________________

Signature:____________________________________ Date: ______________________________




DOCUMENTATION SCHEDULE: Summary of Tender Stage Proposal

Name of Targeted Enterpris

e / Targeted Partner(Delete

that whichever is not applicabl

e)

Category 1 COMPLETE AS APPLICABLE TO TENDERERS PROPOSAL

AND ATTACH RELEVANT DOCUMENTS HERETOValue of

Participation

( R )Targeted Enterprise /

Targeted Partner Declaration

Affidavit

Letters of Undertaking

Contract with Targeted Enterprise / Targeted

Partner

Signed and

Dated

Status ³ Signed and Dated

Status ³ Signed and

Dated

Status ³

NOTES:

1. Insert one of the following:

PC = prime contractorSC = subcontractor


SP = ContractorNS = not submittedJV = joint venture partnerNR = not requiredM = ManufacturerS = Supplier




CONTRACT SCHEDULE FOR TARGETED ENTERPRISES

Name of Targeted

Enterprise

Category 1Targeted

EnterpriseB-BBEE Status

Scope of contrac

t 2

Value of contrac

t(excluding value

added tax)


PC = prime contractorM = ManufacturerSC = subcontractorS = SupplierSP = Contractor

2. Give broad description of Service / Goods

Penalties for not achieving the minimum CPG or finishing late

Financial value of the CPG not achieved




Summary of 35% CPG Requirements for this tender

JOB FUNCTIONS / WORK PACKAGES IDENTIFIEDTO ACHIEVE 35% CPG REQUIREMENTS

VALUE OF WORK AND HOURS

Management RContracts Manager RSite Agent RForeman RLabourOther: RA: Total value as per BOQ (Sub-Total A of BoQ) R

B: Total value of special materials as per special materials schedule (Sub-Total B of BoQ) R

C: Total Value tendered Excl. Special materials, (Sub-total C of BoQ) R

D: Sub-Total CPG for Black owned companies (Excl. Black women owned companies) R

E: Sub-Total CPG for Black women owned companiesF: Total CPG value (D+E) RG: Percentage of E (D/C*100)H: Percentage of F (E/C*100)Percentage Participation (G+H) %

SCHEDULE 11: SBD 6.2 LOCAL CONTENT DECLARATION




DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR DESIGNATED SECTORS

This Standard Bidding Document (SBD) must form part of all bids invited. It contains general information and serves as a declaration form for local content (local production and local content are used interchangeably).

Before completing this declaration, bidders must study the General Conditions, Definitions, Directives applicable in respect of Local Content as prescribed in the Preferential Procurement Regulations, 2011, the South African Bureau of Standards (SABS) approved technical specification number SATS 1286:2011 (Edition 1) and the Guidance on the Calculation of Local Content together with the Local Content Declaration Templates [Annex C (Local Content Declaration: Summary Schedule), D (Imported Content Declaration: Supporting Schedule to Annex C) and E (Local Content Declaration: Supporting Schedule to Annex C)].

1. General Conditions

1.1. Preferential Procurement Regulations, 2017 (Regulation 9) makes provision for the promotion of local production and content.

1.2. Regulation 9.(1) prescribes that in the case of designated sectors, where in the award of bids local production and content is of critical importance, such bids must be advertised with the specific bidding condition that only locally produced goods, services or works or locally manufactured goods, with a stipulated minimum threshold for local production and content will be considered.

1.3. Where necessary, for bids referred to in paragraph 1.2 above, a two stage bidding process may be followed, where the first stage involves a minimum threshold for local production and content and the second stage price and B-BBEE.

1.4. A person awarded a contract in relation to a designated sector, may not sub-contract in such a manner that the local production and content of the overall value of the contract is reduced to below the stipulated minimum threshold.

1.5. The local content (LC) expressed as a percentage of the bid price must be calculated in accordance with the SABS approved technical specification number SATS 1286: 2011 as follows:

LC = [1 - x / y] * 100

Wherex is the imported content in Randy is the bid price in Rand excluding value added tax (VAT)

Prices referred to in the determination of x must be converted to Rand (ZAR) by using the exchange rate published by South African Reserve Bank (SARB) at 12:00 on the date of advertisement of the bid as indicated in paragraph 4.1 below.

The SABS approved technical specification number SATS 1286:2011 is accessible on http:/www.thedti.gov.za/industrial development/ip.jsp at no cost.

1.6. A bid may be disqualified if this Declaration Certificate and the Annex C (Local Content Declaration: Summary Schedule) are not submitted as part of the bid documentation;




2. Definitions

2.1. “bid” includes written price quotations, advertised competitive bids or proposals;

2.2. “bid price” price offered by the bidder, excluding value added tax (VAT);

2.3. “contract” means the agreement that results from the acceptance of a bid by an organ of state;

2.4. “designated sector” means a sector, sub-sector or industry that has been designated by the Department of Trade and Industry in line with national development and industrial policies for local production, where only locally produced services, works or goods or locally manufactured goods meet the stipulated minimum threshold for local production and content;

2.5. “duly sign” means a Declaration Certificate for Local Content that has been signed by the Chief Financial Officer or other legally responsible person nominated in writing by the Chief Executive, or senior member / person with management responsibility(close corporation, partnership or individual).

2.6. “imported content” means that portion of the bid price represented by the cost of components, parts or materials which have been or are still to be imported (whether by the supplier or its subcontractors) and which costs are inclusive of the costs abroad (this includes labour or intellectual property costs), plus freight and other direct importation costs, such as landing costs, dock duties, import duty, sales duty or other similar tax or duty at the South African port of entry;

2.7. “local content” means that portion of the bid price which is not included in the imported content, provided that local manufacture does take place;

2.8. “stipulated minimum threshold” means that portion of local production and content as determined by the Department of Trade and Industry; and

2.9. “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing another person to support such primary contractor in the execution of part of a project in terms of the contract.

3. The stipulated minimum threshold(s) for local production and content (refer to Annex A of SATS 1286:2011) for this bid is/are as follows:

Description of services, works or goods Stipulated minimum threshold

Wastewater Isolation valves %

Cast Iron Gate Valves %

Knife Gate Valve %

Electrical Equipment %




4. Does any portion of the services, works or goods offeredhave any imported content?

(Tick applicable box)

YES NO

4.1 If yes, the rate(s) of exchange to be used in this bid to calculate the local content as prescribed in paragraph 1.5 of the general conditions must be the rate(s) published by SARB for the specific currency at 12:00 on the date of advertisement of the bid.

The relevant rates of exchange information is accessible on www.reservebank.co.za

Indicate the rate(s) of exchange against the appropriate currency in the table below (refer to Annex A of SATS 1286:2011):

Currency Rates of exchangeUS DollarPound SterlingEuroYenOther

NB: Bidders must submit proof of the SARB rate (s) of exchange used.

5. Where, after the award of a bid, challenges are experienced in meeting the stipulated minimum threshold for local content the DTI must be informed accordingly in order for the DTI to verify and in consultation with the AO/AA provide directives in this regard.

LOCAL CONTENT DECLARATION(REFER TO ANNEX B OF SATS 1286:2011)

LOCAL CONTENT DECLARATION BY CHIEF FINANCIAL OFFICER OR OTHER LEGALLY RESPONSIBLE PERSON NOMINATED IN WRITING BY THE CHIEF EXECUTIVE OR SENIOR MEMBER/PERSON WITH MANAGEMENT RESPONSIBILITY (CLOSE CORPORATION, PARTNERSHIP OR INDIVIDUAL)

IN RESPECT OF BID NO. .................................................................................

ISSUED BY: (Procurement Authority / Name of Institution): .........................................................................................................................NB

1 The obligation to complete, duly sign and submit this declaration cannot be transferred to an external authorized representative, auditor or any other third party acting on behalf of the bidder.

2 Guidance on the Calculation of Local Content together with Local Content Declaration Templates (Annex C, D and E) is accessible on http://www.thdti.gov.za/industrial development/ip.jsp. Bidders should first complete Declaration D. After completing Declaration D, bidders should complete Declaration E and then consolidate the information on Declaration C. Declaration C should be submitted with the bid documentation at the closing date and time of the bid in order to substantiate the declaration made in paragraph (c) below. Declarations D and E should be kept by the bidders for verification purposes for a period of at least 5 years. The successful bidder is




required to continuously update Declarations C, D and E with the actual values for the duration of the contract.

I, the undersigned, ……………………………............................................................. (full names),do hereby declare, in my capacity as ………………………………………………………………………………………of ...............................................................................................................(name of bidder entity), the following:

(a) The facts contained herein are within my own personal knowledge.

(b) I have satisfied myself that:(i) the goods/services/works to be delivered in terms of the above-specified bid

comply with the minimum local content requirements as specified in the bid, and as measured in terms of SATS 1286:2011; and

(c) The local content percentage (35%) indicated below has been calculated using the formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in paragraph 4.1 above and the information contained in Declaration D and E which has been consolidated in Declaration C:

Bid price, excluding VAT (y) RImported content (x), as calculated in terms of SATS 1286:2011 RStipulated minimum threshold for local content (paragraph 3 above)Local content %, as calculated in terms of SATS 1286:2011

If the bid is for more than one product, the local content percentages for each product contained in Declaration C shall be used instead of the table above.The local content percentages for each product has been calculated using the formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in paragraph 4.1 above and the information contained in Declaration D and E.

(d) I accept that the Procurement Authority / Institution has the right to request that the local content be verified in terms of the requirements of SATS 1286:2011.

(e) I understand that the awarding of the bid is dependent on the accuracy of the information furnished in this application. I also understand that the submission of incorrect data, or data that are not verifiable as described in SATS 1286:2011, may result in the Procurement Authority / Institution imposing any or all of the remedies as provided for in Regulation 13 of the Preferential Procurement Regulations, 2011 promulgated under the Preferential Policy Framework Act (PPPFA), 2000 (Act No. 5 of 2000).

SIGNATURE: DATE: ___________

WITNESS No. 1 DATE: ___________

WITNESS No. 2 DATE: ___________




SCHEDULE 12: LOCAL CONTENT SATS 1286.2011

Annex C

Local Content Declaration - Summary Schedule

(C1) Tender No.(C2) Tender description: (C3) Designated product(s)(C4) Tender Authority:(C5) Tendering Entity name:(C6) Tender Exchange Rate: Pula EU GBP(C7) Specified local content %

Calculation of local content Tender summary

Tender item no's

Tender price - each

(excl VAT)

Exempted imported

value

Tender value net of

exempted imported content

Imported value

Local valueLocal

content % (per item)

Tender Qty

Total tender value

Total exempted imported content

Total Imported content

(C8) (C10) (C11) (C12) (C13) (C14) (C15) (C16) (C17) (C18) (C19)

(C20) Total tender value R 0Signature of tenderer from Annex B (C21) Total Exempt imported content R 0

(C22) Total Tender value net of exempt imported content R 0(C23) Total Imported content R 0

(C24) Total local content R 0Date: (C25) Average local content % of tender

Note: VAT to be excluded from all calculations

List of items

(C9)




SCHEDULE 13: SCHEDULE OF WORK EXPERIENCE

Employer Name, Telephone and Fax numbers, and Employer’s Representative on the Project

Project Name and Nature of Work (Give Detailed Description)

Value of the Contract

Start Date and Actual Completion Date




Employer Name, Telephone and Fax numbers, and Employer’s Representative on the Project

Project Name and Nature of Work (Give Detailed Description)

Value of the Contract

Start Date and Actual Completion Date

NB: Failure by the tenderer to complete this form in full shall lead to tender offer being regarded as non-responsive and the tenderer shall be disqualified.

Absence of sufficient information for the employer to be contacted will invalidate the reference. The onus is on the tenderer to ensure that the reference is contactable.

The Tenderer must specify the number of sheets appended to this Schedule ______________ (if none, enter NONE)

SIGNATURE: ____________________________________ DATE: ________________________




(Of person authorized to sign on behalf of the Tenderer)




SCHEDULE 14 : SCHEDULE OF TENDERER'S REFERENCE CHECKS FOR PURPOSES OF TENDER EVALUATION

TENDERER to complete A, B & E before sending to referee:

A : DETAILS OF TENDERER WHO IS ASKING FOR THE REFERENCE

_____________________ _________________________________________________________________________ Full tenderer’s name as it will appear on the Form of Offer

B : CONTACT DETAILS OF ORGANISATION / PERSON WHO IS PROVIDING THE REFERENCE (REFEREE)

_____________________ _________________________________________________________________________ Full details of the organisation / person providing the reference

C : DETAILS OF THE TENDER WHICH IS CURRENTLY BEING PREPARED :Contract Number : ( MW/??/2017 ) I Description : NSEZI NEW RESERVOIR TIE-INS AND ADDITIONAL WORKEstimated Performance Period 3 (Three) months p

E : DETAILS OF THE CONTRACT WHICH WAS COMPLETED FOR THE ORGANISATION PROVIDING THE REFERENCE

Description : _______________________________________________________________________________

_______________________________________________________________________________

Date completed : / Value on completion : R Incl. VAT

F : Ratings on aspects below on the performance of the tenderer (A above) on the contract / project (E above)

UNACCEPT-

ABLEACCEPTABLE

Tenderer completed the work successfully and timeously

Signature : ____________________________ DATE : _____________________________




H :DETAILS OF SIGNATORY ABOVE

Full Names : _________________________________________________________________________________

Capacity : _________________________________________________________________________________

Landline : _______________________________________ Cell phone : _______________________________

Email : __________________________________________________________________________________

COMPANY STAMP: REFEREE




SCHEDULE 15: SCHEDULE OF KEY STAFF

The following key staff will be deployed to undertake this contract.

POSITION NAME QUALIFICATIONSYEARS OF RELEVANT

EXPERIENCE

Contracts Manager

Site Agent

Quality Manager

Health & Safety Officer

General Foreman

Other

Other

Other

Attach additional pages if more space is required.

The Tenderer undertakes to bring onto site without additional cost to the Employer any additional personnel not listed but who may be necessary to complete the contract within the specified contract period.

Failure to complete this form properly and correctly will lead to the conclusion that the tenderer does not have the necessary key personnel at his disposal, which will prejudice his tender.

SIGNATURE:____________________________________ DATE: ______________________(Of person authorized to sign on behalf of the Tenderer)




SCHEDULE 16: SCHEDULE OF PLANT AND EQUIPMENT

The following are lists of major items of relevant equipment that I / we presently own or lease and will have available for this contract if my / our tender is accepted. (a) Details of major equipment that is owned by me / us and immediately available for this

contract.

DESCRIPTION (type, size, capacity etc.) QUANTITY YEAR OF

MANUFACTUREPRESENT FINANCIAL LIABILITY

Attach additional pages if more space is required.

(b) Details of major equipment that will be hired, or acquired for this contract if my / our tender is accepted

DESCRIPTION (type, size, capacity etc.) QUANTITYHOW ACQUIREDHIRE/BUY SOURCE

Attach additional pages if more space is required

The Tenderer undertakes to bring onto site without additional cost to the Employer any additional plant not listed but which may be necessary to complete the contract within the specified contract period.

Failure to complete this form properly and correctly will lead to the conclusion that the tenderer does not have the necessary plant and equipment resources at his disposal, which will prejudice his tender.




SIGNATURE:____________________________________ DATE: ______________________(Of person authorized to sign on behalf of the Tenderer)




SCHEDULE 17: LIST OF DAYWORKS ALLOWANCES

(a) Day work Schedule - Staff and Construction EmployeesThis Schedule reflects Rates only for Head Office Staff, Site Staff and Site Construction Employees. In the Form L the proposed categories of Head Office Staff, Site Staff and Site Construction Employees Labour to be used in the execution of the Contract at Site and their respective rates are to be stipulated by the Contractor. The categories shown are for guidance purposes only. These all inclusive rates are to include wages, benefits, insurance, bonuses, site and travel costs (includes bussing and all related allowances), social and payroll burdens, protective clothing, consumables, hand and portable tools and inclusive of overheads and profits and constitute complete re-imbursement to the Contractor for management and labour supplied on a day work basis. Work under Day work rates shall only be carried out with the express written permission of the Engineer Such written permission will reflect the category and number of persons to be employed as well as an estimate of the required man-hours or man-days value to not exceed for the proposed work assignment. If it appears that this value will be exceeded the Contractor accepts that further permission must be obtained from the Engineer together with a revised estimated value to not exceed for the balance of the work to be carried out on Day works.

CATEGORY

BASE RATEIN RANDSPER HOUR

NORMAL TIME

%MARK-UP

ALL INCLUSIVE RATE IN RANDS

PER HOURNORMAL TIME


PER HOUROVERTIME

WEEK DAYS


PER HOUROVERTIME

SATURDAYS

ALL INCLUSIVE RATE IN RANDS PER HOUR

OVERTIME SUNDAYS & PUBLIC

HOLIDAYS

HEAD OFFICE STAFF

Project Manager

Engineer

Planner/Scheduler

Procurement Specialist/ Expediter




Technician

CATEGORY


NORMAL TIME

%MARK-UP


PER HOURNORMAL TIME


PER HOUROVERTIME

WEEK DAYS


PER HOUROVERTIME

SATURDAYS

ALL INCLUSIVE RATE IN RANDS PER HOUR

OVERTIME SUNDAYS & PUBLIC

HOLIDAYS

SITE STAFF

Site Agent

Quality Manager

Health & Safety Officer

General Foreman




Other

Other

Other

CATEGORY


NORMAL TIME

%MARK-UP


PER HOURNORMAL TIME


PER HOUROVERTIME

WEEK DAYS

ALL INCLUSIVE RATE IN RANDS PER

HOUROVERTIME

SATURDAYS

ALL INCLUSIVE RATE IN RANDS PER

HOUROVERTIME

SUNDAYS & PUBLIC HOLIDAYS

CONSTRUCTION EMPLOYEES

Excavator Operators

Crane / Pipe Layer Operators

TLB Operators

Truck Drivers

Construction Employees - Specify CategoryConstruction Employees - Specify Category




Construction Employees - Specify CategoryConstruction Employees - Specify CategoryConstruction Employees - Specify Category

(b) Day Work Schedule - Construction Equipment Rates

This schedule reflects rates only for construction equipment which may be used for Day work and not covered in the scope of “The Works”.The Schedule is to reflect all major items of Plant and equipment the Contractor proposes using at the site for the defined scope of work. The rate is for a running hour taken from the Hour meter on the plant or other approved time measurement and authorised and approved by the Engineer. The hourly rate is to be all inclusive and shall include transportation to and from the Site , all supervision, overheads , profits, maintenance, fuel, oil and all consumables where applicable.

Note: Operators’ wages are not included and are covered in Form (a). Day work Schedule - Staff and Construction EmployeesStanding Time Rates shall exclude all overheads, profit and running costs. The application and use of these rates shall be at the sole discretion and subject to prior approval of the Engineer. Ownership of the Equipment is noted.

CLAIMS FOR EQUIPMENT NOT DETAILED BELOW WILL NOT BE ENTERTAINED

TYPE AND MAKE

MODEL, SIZE OR

CAPACITY

NO. TO BE EMPLOYE

D

NO. IMMEDIATELY AVAILABLE

NO. TO BE ACQUIRED

RATE IN RANDS PER

HOUR

RATE IN RANDS PER

DAY

STANDING TIME RATE IN RANDS PER HOUR

STANDING TIME RATE IN RANDS PER DAY

OWNED HIRED





TYPE AND MAKE

MODEL, SIZE OR

CAPACITY

NO. TO BE EMPLOYE

D

NO. IMMEDIATELY AVAILABLE

NO. TO BE ACQUIRED

RATE IN RANDS PER

HOUR

RATE IN RANDS PER

DAY

STANDING TIME RATE IN RANDS PER HOUR

STANDING TIME RATE IN RANDS PER DAY

OWNED HIRED



Where rates or prices contained elsewhere in the Contract are subject to CPA the rates detailed above shall also be subject to CPA in accordance with the escalation provisions of the formulae contained therein. In the event that the contract is not subject to escalation then the above rates shall be fixed and firm for the duration of the Contract period.

NOTES:The Contractor accepts that no work will be carried out on the day works rates without prior written authority of the Engineer. Such authority will describe the type and number of Contractor’s Equipment to be utilized on the day works and an estimate of the total cost of the approval. Standing time will only apply where the Contractors Equipment is prevented from working due to no fault of the Contractor, (Breakdowns shall not qualify as standing time), and the Engineer has approved such standing time in writing. The Contractor shall advise the Engineer immediately when a situation arises which in the opinion of the Contractor will give rise to a claim for standing time.

SIGNATURE: ........................................................... DATE .................................(of person authorised to sign on behalf of the Tenderer)




SCHEDULE 18: SCHEDULE OF SUBCONTRACTORSWe notify you that it is our intention to employ the following Subcontractors for work in this contract. Acceptance of this tender shall not be construed as approval of all or any of the listed subcontractors. Should any of the subcontractors not be approved subsequent to acceptance of the tender, this shall in no way invalidate this tender, and the tendered unit rates for the various items of work shall remain final and binding, even in the event of a subcontractor not listed below being approved by the Engineer.

SUBCONTRACTORS

Category / type

Subcontractor Name / Address / Contact Person / Phone / Fax / Details Of Organisation / Firm

Experience

Items of work (pay items) to be

undertaken by the Subcontractor

Estimated Cost of Work

(Rand)

SUBTOTAL (Excluding VAT)

SIGNATURE:___________________________________DATE:______________________(Of person authorized to sign on behalf of the Tenderer)




SCHEDULE 19 : WAIVER OF LIEN

(Note: To be filled in at the time of tendering)EMPLOYER : MHLATHUZE WATER

CONTRACTOR :

CONTRACT NO. : MW/12/2017

DESCRIPTION OF CONTRACT: NSEZI NEW RESERVOIR TIE-INS AND ADDITIONAL WORK

I, (THE CONTRACTOR) represented by the undersigned in his capacity as ........................................ being duly authorised do hereby waive and abandon all liens or preferences which we have or may have in connection with the contract hereto NSEZI NEW RESERVOIR TIE-INS AND ADDITIONAL WORK which we are about to undertake. I/we agree to hand over and deliver up possession of the said works immediately I/we are required to do so notwithstanding any unpaid balances that may be due to us. In the event of there being a dispute regarding payment for work executed, I/we undertake to give possession of the works to the Client (if so required) and to resolve the dispute at a time and venue suitable to both Client and ourselves.

FOR AND ON BEHALF OF THE CONTRACTOR:

At ………………...............................................…... on this .............. day of ........................................ 2017

SIGNATURE: .................................................................

AS WITNESSES:

(1) .............................................................. (2) ....................................................................

Full Address:

of Contractor: ......................................................................................




PART C1 AGREEMENTS AND CONTRACT DATA

C1.1 Form of Offer and Acceptance




C1.1 Form of Offer and Acceptance

FORM OF OFFER AND ACCEPTANCEOFFERThe Employer, identified in the Acceptance signature block, has solicited offers to enter into contract in respect of the following:

CONTRACT NO: MW/??/2017NSEZI NEW RESERVOIR TIE-INS AND ADDITIONAL WORK

The Tenderer, identified in the Offer signature block below, has examined the documents listed in the Tender Data and addenda thereto as listed in the Tender Schedules, and by submitting this Offer has accepted the Conditions of Tender.By the representative of the Tenderer, deemed to be duly authorised, signing this part of this Form of Offer and Acceptance, the Tenderer offers to perform all of the obligations and liabilities of the Contractor under the Contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the Conditions of Contract identified in the Contract Data.

THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS:

......................................................................................................................................................

.............................................. (in words); R................................................................(in figures)

This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and Acceptance and returning one copy of this document to the Tenderer before the end of the period of validity stated in the Tender Data, whereupon the Tenderer becomes the party named as the Contractor in the Conditions of Contract identified in the Contract Data.

Signature(s): 1. _________________________ 2. __________________________

Name(s): 1. _________________________ 2. __________________________

For the Tenderer: _____________________________________________________________(Name and address of organisation)_____________________________________________________________

Witness: ____________________________________ __________________Signature Date

_________________________________Name




ACCEPTANCEBy signing this part of this Form of Offer and Acceptance, the Employer identified below accepts that Tenderer’s Offer. In consideration thereof, the Employer shall pay the Contractor the amount due in accordance with the Conditions of Contract identified in the Contract Data. Acceptance of the Tenderer’s Offer shall form an agreement between the Employer and the Tenderer upon the terms and conditions contained in this Agreement and in the Contract that is the subject of this Agreement.

The terms of contract are contained in: Part T1 Tendering Procedures Part T2 Returnable Documents Part C1 Agreements and Contract Data (which includes this Agreement) Part C2 Pricing Data Part C3 Scope of Work Part C4 Site Information Part C5 Specifications Bound into the Document Part C6 Drawings

and drawings and documents or parts thereof, which may be incorporated by reference into Parts C1 to C3 above.

Deviations from, and amendments to, the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules as well as any changes to the terms of the Offer agreed by the Tenderer and the Employer during this process of offer and acceptance, are contained in the Schedule of Deviations attached to and forming part of this Agreement. No amendments to or deviations from said documents are valid unless contained in this Schedule, which must be duly signed by the authorised representatives of both parties.

The tenderer shall within two weeks after receiving a completed copy of this agreement, contact the employer’s agent (whose details are given in the contract data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the contract data. Failure to fulfill any of these obligations in accordance with those terms shall constitute a repudiation of this agreement.

Notwithstanding anything contained herein, this Agreement comes into effect on the earlier of the dates when the Tenderer receives one fully completed original signed copy of this document including the Schedule of Deviations (if any), or the date of a written notification by the Employer stating that this contract has been awarded to the Tenderer or such other date as specified or stated in a written notice to the Contractor.

Unless the Tenderer (now Contractor) within five days of the date of such receipt notifies the Employer in writing of any reason why he cannot accept the contents of this Agreement, this Agreement shall constitute a binding contract between the parties.




Note: The Contract Commencement Date shall be agreed between the Employer and Contractor to suit the delivery of pipes.

Signature(s): 1. _______________________ 2. _______________________

Name(s): 1. _______________________ 2. _______________________

Capacity: _________________________ _________________________

For the Employer: _____________________________________________________________(Name and address of organisation)

_____________________________________________________________

Witness: ____________________________________ __________________Signature Date

____________________________________Name




SCHEDULE OF DEVIATIONSNotes:

The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender.

The Tenderer’s covering letter shall not be included in the final contract document. Should any matter in such letter, which constitute a deviation as aforesaid becomes the subject of agreement(s) reached during the process of offer and acceptance; the outcome of such agreement(s) shall be recorded here.

Any other matter arising from the process of offer and acceptance either as a confirmation, clarification or change to the tender documents and which it is agreed by the Parties becomes an obligation of the contract shall also be recorded here.

Any change or addition to the tender documents arising from the above agreements and recorded here and shall also be incorporated into the final draft of the Contract.

1. Subject: ……………………………………………………………………………………………………….………………

Details: …………………………………………………………………………………………………………………………

2. Subject: ………………………………………………………………………………………………………….……………

Details: …………………………………………………………………………………………………………………………

3. Subject: ………………………………………………………………………………………………….……………………

Details: …………………………………………………………………………………………………………………………

4. Subject: …………………………………………………………………………………………………….…………………

Details: …………………………………………………………………………………………………………………………

5. Subject: …………………………………………………………………………………………………….…………………




Details: …………………………………………………………………………………………………………..……………

6. Subject: ……………………………………………………………………………………………………….………………

Details: …………………………………………………………………………………………………………………………

By the duly authorised representatives signing this Schedule of Deviations, the Employer and the Tenderer agree to and accept the foregoing Schedule of Deviations as the only deviations from the amendments to the documents listed in Tender Data and addenda thereto as listed in the Tender Schedules, as well as any confirmation, clarification or change to the terms of the offer agreed by the Tenderer and the Employer during this process of offer and acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the Tenderer of a completed signed copy of this Agreement shall have any meaning or effect in the contract between the parties arising from this Agreement.

FOR THE TENDERER

Signature(s): 1. _______________________ 2. _______________________

Name(s): 1. _______________________ 2. _______________________

Capacity: _________________________ _________________________

For the Tenderer: ________________________________________________________________(Name and address of organisation)

________________________________________________________________

Witness: ____________________________________ __________________(Name & signature) (Date)

FOR THE EMPLOYER

Signature(s): 1. _______________________ 2. _______________________

Name(s): 1. _______________________ 2. _______________________

Capacity: _________________________ _________________________

For the Employer: ________________________________________________________________




(Name and address of organisation)

_________________________________________________________________

Witness: _______________________________________ ___________________(Name & signature) (Date)




PART C1 AGREEMENTS AND CONTRACT DATA

C1.2 Contract Data




C1.2: CONTRACT DATA (PART 1)

C1.2.1: GENERAL CONDITIONS OF CONTRACT

The General Conditions of Contract for Construction Works, Third Edition, (2015) (Short title:“General Conditions of Contract 2015") published by the South African Institution of Civil Engineering (SAICE), Private Bag X200, Halfway House, 1685, is applicable to this contract and is obtainable from www.saice.org.za Copies of these conditions of contract may be obtained on the tenderer’s own cost from the SAICE tel: 011-805 5947

GENERAL CONDITIONS OF CONTRACT FOR CONSTRUCTION WORKS, THIRD EDITION (2015)

1. GENERAL

1.1 Definitions

1.1.1 In the contract (as hereinafter defined) the following words and expressions shall have the meanings

hereby assigned to them except where the context otherwise requires:

1.1.1.1 “Agreed” means agreed by the Employer and the Contractor, unless specifically stated otherwise.

1.1.1.2 “Bill of Quantities” means the document so designed in the Pricing Data, if any.

1.1.1.3 “Certificate of Completion” means the certificate issued by the Employer’s Agent stating the date on

which completion was achieved.

1.1.1.4 “Certificate of Practical Completion” means the certificate Issued by the Employer’s Agent stating the

date on which Practical Completion was achieved.

1.1.1.5 “Commencement Date” means the date that the Agreement, made in terms of the Form of Offer and

Acceptance, comes into effect.

1.1.1.6 “Construction Equipment” means all appliances or things of whatsoever nature required for carrying

out, completing or correcting defects in the Works, but do not include materials, Plant or other things

that are part of, or intended to form part of the Permanent Works.

1.1.1.7 “Contract” means the documentation of the agreement between the parties in terms of Form of Offer

and Acceptance, and such written amendments or additions to the Contract as may be agreed to

between the parties.




1.1.1.8 “Contract Data” means the document that sets out the specific data which, together with thee General

Conditions of Contract, collectively describe the risks, liabilities and obligations if the contracting parties

and the procedures for the administration of the Contract.

1.1.1.9 “Contractor” means the person named in the Contract Data whose offer has been accepted in the Form

of Offer and Acceptance and the legal successors in title of this person.

1.1.1.10 “Contract Price” means the Contract Sum subject to such addition thereto or deduction

therefrom as may be made from time to time under the provisions of the Contract.

1.1.1.11 “Contract Sum” means the accepted amount provided for in the agreement made in terms of

the Form of Offer and Acceptance.

1.1.1.12 “Day” shall mean a calendar day.

1.1.1.13 “Defects Liability Period” means the period stated in the Contract Data, if any, commencing

from the issue of the Certificate of Completion, or Certificates of Completion in the event of more than

one Certificate of Completion having been issued for different parts of the Works, during which the

Contractor has both the right and the obligation to make good defects in the materials, Plant and

workmanship covered by the Contract.

1.1.1.14 “Due Completion Date” means the date of expiry of the time stated in the Contract data for

achieving Practical Completion of the Works, calculated from the Commencement Date and as adjusted

by such extensions of time or acceleration as may be allowed in terms of the Contract.

1.1.1.15 “Employer” means the person for whom the Works are to be carried out and who is named as

the Employer in the Contract Data, and the legal successors in the title of this person.

1.1.1.16 “Employer’s Agent” means the person named as the Employer’s Agent in the Contract Data, or

any other person appointed from time to time by the Employer, and of whom the Contractor is notified,

in writing, to act as Employer’s Agent for the purposes of the Contract as substitute for the Employer’s

Agent so named.

1.1.1.17 “Employer’s Agent’s Representative” means the natural person appointed from time to time by

the Employer’s Agent in terms of the Contract.




1.1.1.18 “Final Approval Certificate” means the certificate issued by the Employer’s Agent stating the

date on which the Works were completed and all defects corrected in accordance with the Contract.

1.1.1.19 “Fixed Price Contract” means the Contractor is paid the Contract Sum for carrying out the Works

subject to adjustments in accordance with the Contract.

1.1.1.20 “Form of Offer and Acceptance” means the document that formalizes the legal process of offer

and acceptance and gives rise to the Contract.

1.1.1.21 “General Items” means items stipulated in the Pricing Data relating to general obligations, site

services, facilities, and/or items that cover elements of the cost of the work which are not considered as

proportional to the cost of the Permanent Works.

1.1.1.22 “Permanent Works” means the permanent works to be designed (if required), constructed,

and/or provided in accordance with the Contract.

1.1.1.23 “Plant” means machinery, apparatus, articles and things of all kind that become part of the

Permanent Works to be provided in accordance with the Contract.

1.1.1.24 “Practical Completion” means that the whole or portion of the Works has reached a state of

readiness, fit for the intended purpose, and occupation without danger or undue inconvenience to the

Employer, even though some work may be outstanding.

1.1.1.25 “Pricing Data” means the document that sets out the Pricing Strategy and provides the criteria

and assumptions which it will be assumed in the Contract were taken into account by the Contractor

when developing the Contract Sum.

1.1.1.26 “Pricing Strategy”, means the strategy stated in the Contract Data which is adopted to secure

prices and remunerate the Contractor in terms of the Contract.

1.1.1.27 “Re-measurement Contract” means the Contractor is paid an amount determined from the

actual quantities of work completed multiplied by the rates or prices for such work, subject to

adjustments in accordance with the Contract.

1.1.1.28 “Scope of Work” means the document that specifies and describes the Works which are to be

provided, and any other requirements and constraints relating to the manner in which the work is to be

carried out.




1.1.1.29 “Site” means the land and other places made available by the Employer, for the purposes of the

Contract, on, under, over, in or through which the Works are to be carried out.

1.1.1.30 “Site Information” means the document that describes the Site as at the time of tender to

enable the tenderer to price the tender and to decide upon the method of work and the programme.

1.1.1.31 “Supplementary Agreement” means an additional contract between the Employer and the

Contractor for carrying out work, supplemental to the original Contract, which does not meet the

requirements to be carried out by a Variation Order in terms of Clause 6.3.1.

1.1.1.32 “Temporary Works” means the temporary works required for or in connection with carrying out

the Permanent Works and shall include items which are not intended to be permanent, or to form part of

the Permanent Works.

1.1.1.33 “Works” mean the Permanent Works together with such Temporary Works as may be necessary

for carrying out the Works.

1.1.1.34 “Writing” means any hand-written, typed or printed communication (comprising words, figures

or drawings) including facsimiles, electronic communication, or any similar communication resulting in a

permanent record. “In writing” and “written” shall have corresponding meanings.

1.2 Interpretations

1.2.1 Any written communication between the parties shall have been duly delivered if:

1.2.1.1 handed to the addressee or to his duly authorized agent, or

1.2.1.2 Delivered at the address of the addressee as stated in the Contract Data; provided that the Employer,

Employer’s Agent and Contractor shall be entitled, by written notice to each other, to change their said

addresses.

1.2.2 In respect of any indemnification against liability to third parties given by either party to the other, the

indemnification shall cover all claims, demands, proceedings, damages, costs, charges and expenses in

relation thereto or arising therefrom.

1.2.3 The common or statute law shall determine whether any person acting, or purporting to act on behalf of

the Employer, Employer’s Agent or Contractor is duly authorized, save to the extent that a party shall, by

written notice to each of the others, designate a person or the holder of any office, to the exclusion of




another person or holder of office, to have such authority, or to limit in any way, or terminate the

authority of such designated person or holder of office.

1.2.4 Where the context requires:

1.2.4.1 Words importing the singular also include the plural and vice versa, and

1.2.4.2 Words importing the masculine gender also include the feminine and the neuter.

1.3 General Provisions

1.3.1 No grant by the Employer or the Contractor to the other of any concession, waiver, condonation or

allowance shall, in respect of any specific event or circumstance other than that in respect of which the

grant was made, constitute a waiver of the rights of the grantor in terms of the Contract, or an estoppel of the

grantor’s right to enforce the provisions of the Contract.

1.3.2 The law which is to apply to the Contract, and according to which the Contract is to be interpreted, shall

be the law of the Republic of South Africa, unless otherwise stated in the Contract Data.

1.3.3 The language of the Contract and of written communications shall be English, unless otherwise stated in

the Contract Data.

1.3.4 In the event that the Contractor and the Employer conclude a Supplementary Agreement, the additional

work carried out in terms of such an agreement shall not be taken to be a variation or addition under Clause 6.3,

but to be a separate contract. The value of such additional work shall, for the purpose of Clause 6.11, not to be

taken into account for this Contract, but it shall be taken into account for the separate contract concluded in

terms of the Supplementary Agreement.

1.3.1 Except where otherwise stated in the Contract, the Contractor shall retain the copyright and other

intellectual property rights in documents supplied to the Employer or Employer’s Agent under the

Contract.

The Contractor shall legally be deemed to have given the Employer a non-terminable, transferable, non-

exclusive, royalty- free license to copy, use and communicate the Contractor’s documents, including making and

using modifications of such documents for the purposes of further work required to the Works.

1.3.2 Except where otherwise stated in the Contract, the Employer shall retain the copyright and other

intellectual property rights in documents supplied to the Contractor under the Contract.




The Employer shall legally be deemed to have given the Contractor a non-terminable, transferable, non-

exclusive, royalty-free license to copy, use and communicate the Employer’s documents for the purposes of the

Contract.

2. BASIS OF CONTRACT

2.1 Available data and information

2.1.1 The Employer shall have made available to the Contractor, as part of, or by reference in the Site

Information, data relevant to the Works obtained by or on behalf of the Employer, but the Contractor shall be

responsible for his own interpretation thereof and deductions therefrom.

2.1.2 The Contractor shall be deemed to have inspected and examined the Site and its surroundings and to

have studied all available information pertaining thereto before submitting his tender (as far as is reasonable).

The Contractor shall thus be considered knowledgeable in respect of:

2.1.2.1 The form and nature of the Site and its surroundings.

2.1.2.2 Environmental, hydrological and climatic conditions.

2.1.2.3 The extent and nature of the work and materials required for carrying out and completion of the Works.

2.1.2.4 The means of access to the Site and the accommodation he may require.

2.1.2.5 The design of the Works and site conditions insofar as they affect carrying out the Works with regard to

health, safety and the environment.

2.1.3 The Contractor shall, in general, be deemed to have obtained all available information on risks,

contingencies and all other circumstances which may influence or affect the Works (as far as is reasonable).

2.2 Adverse physical conditions

2.1.2 If, while carrying out the Works, the contractor encounters adverse physical conditions (other than

weather conditions at the Site or the direct consequences of those particular weather conditions) or artificial

obstructions, which conditions or obstructions could not be reasonably foreseen by an experienced contractor at

the time of submitting his tender, and the Contractor is of the opinion that additional work will be necessary

which would not have been necessary if the particular physical conditions or artificial obstructions had not been

encountered, he shall give notice to the Employer’s Agent in writing as soon as he becomes aware of the

conditions or obstructions aforesaid, stating:

2.2.1.1 The nature and extent of the physical conditions and artificial obstructions encountered, and

2.2.1.2 The additional work required by reason thereof.




2.2.2 Should additional or more extensive adverse physical conditions or artificial obstructions within the

meaning of Clause 2.2.1 be encountered by the Contractor, he shall give further notices thereof in terms of

Clause 2.2.1.

2.2.3 Unless otherwise instructed by the Employer’s Agent, the Contractor shall carry out the additional work

proposed in the notice or notices under Clauses 2.2.1 and 2.2.2 without limiting the right of the Employer’s Agent

to order a suspension of work in terms of Clause 5.11.2, or variation in terms of Clause 6.3.

2.2.4 If the Contractor has duly given the notice referred to in either Clauses 2.2.1 or 2.2.2, he shall be entitled,

in respect of the delay to Practical Completion and/ or to proven additional costs, to make a claim in accordance

with Clause 10.1, provided that the cost and time of all work done by the Contractor prior to giving the notice or

notices in terms of Clauses 2.2.2 and 2.2.2 shall be regarded as covered by the rates and/or prices set out in the

Pricing Data and the time stated in the Contract Data relating to Clause 1.1.1.14.

2.3 Technical data

2.3.1 The Contractor shall legally be deemed to have based his tender on the technical data provided in the

Contract and if, in the performance of the Contract, any circumstances shall differ from the said data, which

difference causes delay to Practical Completion and/or brings about proven additional cost, the Contractor shall

be entitled to make a claim in accordance with Clause 10.1.

2.4 Ambiguity and discrepancy

2.4.1 If an ambiguity in, or discrepancy between the documents is Found, the Employer’s Agent shall provide

the necessary Clarification or instruction.

2.4.2 If compliance with any such instruction shall result in delay to Practical Completion and/or proven

additional cost, the Contractor shall be entitled to make a claim in accordance with Clause 10.1.

2.5 Assignment

2.5.1 Neither the Contractor nor the Employer shall, without the written consent of the other, assign the

Contract, or any part thereof, or any obligation under the Contract, or cede any right or benefit thereunder.




3. EMPLOYER’S AGENT

3.1 Qualifications of the Employer’s Agent

3.1.1 The natural person acting, or purporting to act, as the Employer’s Agent shall be a registered professional

in a built environment profession that is appropriate to the Scope of Work.

3.2 Functions of the Employer’s Agent

3.2.1 The function of the Employer’s Agent is to administer the Contract as agent of the Employer, in

accordance with the provisions of the Contract.

3.2.2 Whenever the Employer’s Agent intends, in terms of the Contract, to exercise any discretion, or make or

issue any ruling, contract interpretation or price determination, he shall first consult with the Contractor and the

Employer in an attempt to reach agreement. Failing agreement, the Employer’s Agent shall act impartially and

make a decision in accordance with the Contract, taking into account all Relevant facts and circumstances.

3.2.3 In the event of the Employer’s Agent being required in terms of his appointment by the Employer to

obtain the specific approval of the Employer for carrying out any part of his functions or duties, such

requirement shall be set out in the Contract Data.

3.2.4 The Employer may, by written notice to the Contractor and the Employer’s Agent, authorise an agent to

act as his representative relating to the responsibilities imposed by the Occupational Health and Safety Act on

the Employer. Such an agent, if not the Employer’s Agent, shall be responsible to the Employer’s Agent in terms

of these Conditions of Contract.

3.3 Employer’s Agent’s Representative

3.3.1 The Employer’s Agent shall be entitled, by written notice to the Contractor, to appoint a person as the

Employer’s Agent’s Representative and shall have the power by further written notice from time to time to

terminate or change such Appointment.

3.3.2 The Employer’s Agent’s Representative shall:

3.3.2.1 Observe how the Works are carried out, examine and Test materials and workmanship, and receive from

the Contractor such information as he shall reasonably require.

3.3.2.2 Have the authority:




3.3.2.2.1 Assigned to him by any provisions of the Contract.

3.3.2.2.2 Assigned to him by the Employer’s Agent in terms of Clause 3.3.4.

3.3.2.2.3 To deliver to the Contractor oral or written communications from the Employer’s Agent, and

3.3.2.2.4 To receive, on behalf of the Employer’s Agent, oral or written communications from the

Contractor.

3.3.3 Notwithstanding the aforesaid, the powers and authority of the Employer’s Agent’s Representative shall

be subject to the following conditions:

3.3.3.1 He shall have no authority to relieve the Contractor of any of his obligations under the Contract and,

unless he is authorized thereto in terms of Clause 3.3.4, he shall have no authority to order any work involving

delay, any additional payment by the Employer, or any variation of or in the Works;

3.3.3.2 Notwithstanding any authority assigned to him in terms of Clauses 3.3.2 and 3.3.4, failure by the

Employer’s Agent’s Representative to disapprove of any work, workmanship or materials shall not prejudice the

power of the Employer’s Agent thereafter to disapprove thereof and exercise any of his powers in terms of the

Contract in respect thereof.

3.3.4 The Employer’s Agent may, by written notice to the Contractor and the Employer, from time to time,

authorize the Employer’s Agent’s Representative, or any other person accountable to the Employer’s Agent, to

act on his behalf either generally in respect of the Contract, or specifically in respect of particular provisions of

the Contract, and the act of any such person within the scope of his authority shall, for the purposes of the

Contract, constitute an act of the Employer’s Agent.

Such authorization shall continue until terminated by written notice to the Contractor and Employer.

3.3.5 No authority in terms of Clause 3.3.4 shall be given, or be effective in respect of any decision to be taken,

or certificate to be issued under Clauses 2.2, 4.4.2, 5.12, 5.14, 5.16, 9.2, 10.1, or 10.2.

3.3.6 If the Contractor is dissatisfied with any order or instruction of the Employer’s Agent’s Representative, or

any other person appointed by the Employer’s Agent to act on his behalf, he shall be entitled to refer the matter

to the Employer’s Agent who shall promptly confirm, reverse or vary such order or instruction.

4. CONTRACTOR’S GENERAL OBLIGATIONS

4.1 Extent of obligations and liability




4.1.1 The Contractor shall, save insofar as it is legally or physically impossible, design (to the extent provided in

the Contract), carry out and complete the Works and remedy any defects therein in accordance with the

provisions of the Contract.

4.1.2 Where the Contract expressly provides that the Permanent Works, or part of the Permanent Works, shall

be designed by the Contractor, he shall, notwithstanding approval by the Employer’s Agent, be liable for any

error or deficiency in any drawing or document supplied by him for that part of the Works, and for any loss or

damage arising out of such error or deficiency.

4.2 Employer’s Agent’s instructions

4.2.1 The Contractor shall, in carrying out his aforesaid obligations, comply with the Employer’s Agent’s

instructions on all matters relating to the Works.

4.2.2 The Contractor shall take instructions only from the Employer’s Agent, the Employer’s Agent’s

Representative or a person authorized by the Employer’s Agent in terms of Clause 3.3.4.

4.3 Legal provisions

4.3.1 The Contractor shall, in fulfilling the Contract, comply with all applicable laws, regulations, statutory

provisions and agreements, and shall, at the request of the Employer’s Agent, provide proof that he has complied

therewith.

4.3.2 If required, the Contractor shall provide proof to the Employer’s Agent that the Contractor is in good

standing with respect to duties, taxes, levies and contributions required in terms of legislation applicable to the

work in this Contract.

4.4 Subcontracting

4.4.1 The Contractor shall not subcontract the whole Contract.

4.4.2 Except where otherwise provided in the Contract, the Contractor shall not subcontract any part of the

Contract without the prior written consent of the Employer’s Agent, which consent shall not be unreasonably

withheld.

4.4.3 The Contractor shall be liable for the acts, defaults and negligence of any subcontractor, his agents or

employees as fully as if they were the acts, defaults or negligence of the Contractor.

4.4.4 The contractual relationship between the Contractor and subcontractors selected by the Contractor in

consultation




4.4.5 Any appointment of a subcontractor in accordance with Clause 4.4.4 shall not amount to a contract

between the Employer and the subcontractor, or a responsibility or liability on the part of the Employer to the

subcontractor and shall not relieve the Contractor from any liability or obligation under the Contract.

4.4.6 In the event of termination of the Contract under Clause 9.2, the subcontract in terms of Clause 4.4.4

shall be assigned to the Employer upon such an instruction by the Employer.

4.4.7 In the event of any subcontractor having undertaken towards the Contractor in respect of work carried

out, or goods, materials, Plant or services supplied, any continuing obligation extending beyond the date of the

Final Approval Certificate, the Contractor shall advise the Employer’s Agent thereof. At the Employer’s request

and cost, the Contractor shall assign to the Employer the benefit of such obligation for the unexpired duration

thereof.

4.5 Notices and fees

4.5.1 The Contractor:

4.5.1.1 Shall in carrying out the Works comply with the provisions, give all notices and pay all fees, taxes, levies

and other charges required to be given or paid in terms of:

4.5.1.1.1 Any Act of Parliament, Ordinance, Regulation or By-law of any local or other statutory authority,

and

4.5.1.1.2 Conditions imposed by any other body or person stated in the Scope of Work.

4.5.1.2 Indemnifies the Employer against any liability for any breach of the provisions of Clause 4.5.1.1.

4.5.2 The Employer shall be responsible for obtaining any planning approval required in respect of the

Permanent Works and in respect of Temporary Works, which is specified or designed by the Employer or the

Employer’s Agent.

4.5.3 The Contractor shall be responsible for obtaining all requisite consent, permission and permits for

carrying out the Works arising from the provisions referred to in Clause 4.5.1.1 and arising from the approvals

referred to in Clause 4.5.2.

4.5.4 The Employer shall refund to the Contractor all such sums as the Employer’s Agent shall certify as justly

payable and paid by the Contractor in compliance with the aforesaid provisions of this Clause, unless the

necessity for such payment was identified in the Pricing Data, or such sums are payable by the Contractor in the

ordinary course of his business.

4. Patent rights




4.6.1 Save in respect of the Employer’s or the Employer’s Agent’s design of the Works, or method of

construction and proprietary brand materials specified, the Contractor indemnifies the Employer against any

liability arising from the infringement of any patent rights, design, trade-mark or name, or other protected right

in respect of any design work, Construction Equipment, Plant, machine, work, method of construction or material

used for or in connection with the Works.

4.6.2 Except where otherwise specified in the Contract, the Contractor shall pay all amounts due by him in

respect of the rights referred to in Clause 4.6.1.

4.7 Fossils

4.7.1 All fossils, coins, articles of value or antiquity and structures and other remains or things of geological or

archeological interest discovered on the Site shall, as between the Employer and the Contractor, be considered

the absolute property of the Employer. The Contractor shall take reasonable precautions to prevent any person

from removing or damaging any such article or thing and shall, immediately upon discovery thereof and before

removal, inform the Employer’s Agent of such discovery and carry out the Employer’s Agent instructions for

dealing therewith. If, by reason of such instructions, the Contractor suffers delay to Practical Completion and/or

incurs proven additional cost he shall be entitled to make a claim in accordance with Clause 10.1.

4.8 Facilities for others

4.8.1 The Contractor shall, in accordance with the Contract, or the requirements of the Employer’s Agent,

afford on the Site all reasonable opportunities for carrying out his work to:

4.8.1.1 The Employer,

4.8.1.2 Any other contractors employed and other persons authorised by the Employer, and

4.8.1.3 Any local or other statutory authorities,

4.8.2 If, pursuant to Clause 4.8.1, the Contractor, on the written instruction by the Employer’s Agent:

4.8.2.1 Makes available to the Employer, or to any such contractor or any such authority, any roads or ways for

the maintenance of which the Contractor is responsible, or




4.8.2.2 Provides any other facility or service of whatsoever nature to any of the said persons or authorities, the

Contractor shall, unless otherwise provided in the Contract, be entitled to make a claim in accordance with

Clause 10.1 for the delay to Practical Completion and/or proven additional cost.

4.9 Construction Equipment

4.9.1 All Construction Equipment provided by the Contractor shall, when brought onto the Site, be regarded as

exclusively intended for carrying out the Works and the Contractor shall not remove the same from the Site

without the consent in writing of the Employer’s Agent, which consent shall not be unreasonably withheld. The

Contractor shall notify the Employer’s Agent, in writing, of the name and address of the owner of any such

Construction Equipment not owned by the Contractor.

4.10.1 The Contractor shall, unless otherwise provided in the Contract, make his own arrangements for the

engagement of all employees and for their payment, housing, feeding and transport (provided that any use of

any part of the Site for the said purposes shall be subject to the prior approval of the Employer’s Agent) and the

Contractor indemnifies the Employer against any liability arising out of the Contractor’s said arrangements,

whether such arrangements involve the use of the Site or not.

4.10.2 The Contractor shall, if instructed by the Employer’s Agent, deliver to the Employer’s Agent information,

in such form and at such intervals as the Employer’s Agent may prescribe, in respect of employees employed by

the Contractor on the Site from time to time.

4.11 Competent employees

4.11.1 To carry out and complete the Works the Contractor shall employ on the Site only such persons as are

careful, competent and efficient in their various trades and professions.

4.11.2 The Employer’s Agent shall be entitled to instruct the Contractor to remove forthwith from the Works

any person employed by the Contractor for carrying out the Works who is guilty of misconduct, or is incompetent

or negligent in the proper performance of his duties, or whose presence on the Site is undesirable, and such

person shall not again be employed on the Works without the permission of the Employer’s Agent.

4.12 Contractor’s superintendence

4.12.1 The Contractor shall provide all necessary superintendence while carrying out the Works.




4.12.2 The Contractor, or a competent and authorized agent or representative approved of in writing by the

Employer’s Agent (which approval may at any time be withdrawn in writing), hereinafter called the Construction

Manager, shall be on the Site at all times when work is being performed, or when the Employer’s Agent shall,

with reason, require his presence.

4.12.3 The Construction Manager shall have authority to receive, on behalf of the Contractor, all oral or written

communications from the Employer’s Agent or the Employer’s Agent’s Representative or other person

authorised by the Employer’s Agent in terms of Clause 3.3.4.

5. TIME AND RELATED MATTERS

5.1 Time calculations

5.1.1 Except where otherwise provided in the Contract, where a specific time-span is stipulated in the Contract

for carrying out any task, or for the termination of any right, or the duration of any event or circumstance.

5.1.1.1 The special non-working days set out in the Contract Data that fall within the said time-span, as well as

5.1.1.2 The day on which the time-span commences shall be excluded from the calculation of the time-span

concerned.

5.2 Commencement of the Contract

5.2.1 The Contract shall commence on the Commencement Date.

5.3 Commencement of the Works

5.3.1 Upon the Employer’s Agent’s instruction the Contractor shall, save as may otherwise be provided in the

Contract, or be legally or physically impossible, commence carrying out the Works. Such instruction shall be

subject to the submission by the Contractor, and approval by the Employer’s Agent, of documentation required

before commencing carrying out the Works, as set out in the Contract Data.

5.3.2 If the documentation referred to in Clause 5.3.1 is not submitted within the number of days stipulated in

the Contract Data from the Commencement Date, or is found to be unacceptable, the Employer may terminate

the Contract in terms of Clause 9.2.

5.3.3 If the Employer’s Agent’s instruction to commence carrying out the Works, or to resubmit

documentation, is not received by the Contractor within 7 days from the actual date of submission of the




documentation referred to in Clause 5.3.1, commencement of the Works shall be taken to be on the expiry of

such 7 days.

5.4 Access to the Site

5.4.1 The Employer shall, upon the Employer’s Agent’s instruction to commence carrying out the Works

referred to in Clause 5.3.1, give to the Contractor right of access to the Site, the location of which is stated

in the Site Information (including physical access to the extent stipulated in the Site Information) and possession

of the whole of the Site subject to any provision to grant the Contractor possession of the Site in portions and/or

any requirements as to the order in which the Works shall be carried out, all as stipulated in the Site Information.

5.4.2 If the access to and possession of the Site referred to in Clause 5.4.1 shall not be exclusive to the

Contractor, such limitations shall be set out in the Contract Data.

5.4.3 If the Contractor suffers delay to Practical Completion and/or incurs proven additional cost from failure

of the Employer to give possession in accordance with the terms of this Clause, the Contractor shall be entitled to

make a claim in accordance with Clause 10.1, for which purpose the time limit of 28 days provided in Clause

10.1.1.1 shall commence to run only from the time when possession of the Site has actually been given.

5.5 Time for Practical Completion

5.5.1 Subject to any requirement in the Contract as to the Practical Completion of any portion of the

Permanent Works before Practical Completion of the whole, the whole of the Works shall be completed by the

Due Completion date.

5.6 Programme

5.6.1 Before commencing with the Works in accordance with Clause 5.3.1, the Contractor shall deliver to the

Employer’s Agent as part of the documentation required, an initial programme in terms of which he will carry out

the Works in order to meet the Due Completion date. Should it become clear that the approved programme does

not reflect the actual progress to meet the Due Completion Date, the Contractor shall deliver to the Employer’s

Agent an adjusted programme.

5.6.2 The initial programme and all subsequent adjusted programmes shall show and, when relevant describe

in detail, the entire extent of the work to be carried out, including, but not limited to:




5.6.2.1 The Commencement date, commencement of the Works, Due Completion Date, and the planned

completion date.

5.6.2.2 The sequence, timing and resources for carrying out the Works,

5.6.2.3 The date for Site accesses and possessions, approvals, instructions, inspections, tests and all information

required to carry out the Works,

5.6.2.4 The events that influence the carrying out of the Works, including float and the Contractor’s time risk

allowances,

5.6.2.5 Other programming information set out in the Scope of Work,

5.6.2.6 A detailed cash flow forecast, and

5.6.2.7 On adjusted programmes, the actual progress achieved for the various parts of the Works and the

amounts paid.

5.6.3 The Employer’s Agent shall, within 7 days after the Contractor has submitted the initial or adjusted

programme, approve such programme or, giving his reasons, instruct the Contractor to emend it, failing which,

the submitted programme shall be considered to be the approved programme.

5.6.4 The programme and the cash flow forecast shall be subject to review on a monthly basis. If so instructed

by the Employer’s Agent, the approved programme and/or cash flow forecast shall be adjusted by the

Contractor:

5.6.4.1 When it no longer reflects that the actual progress will meet the Due Completion Date in which case the

approved programme is suspended, or

5.6.4.2 When a specific probable future event or circumstance may increase the Contract Price or delay carrying

out the Works.

5.6.5 The submission to and the approval by the Employer’s Agent of such programme, or its adjustment, or

delivery of any relevant particulars, shall not relieve the Contractor of any duties or responsibilities under the

Contract.

5.7 Progress of the Works

5.7.1 If the rate of progress of the Works, or any part thereof, has fallen behind the approved programme, the

Employer’s Agent may notify the Contractor in writing, with specific reference to this Clause. If there is no

approved programme the Employer’s Agent shall make his own assessment of the progress before notifying the

Contractor. The Contractor shall thereupon take the necessary steps to expedite progress to complete the

Works, or the said part thereof, by the Due Completion Date. Such steps shall be approved by the Employer’s




Agent, which approval shall not be unreasonably withheld. The Employer’s Agent may instruct the Contractor to

submit an adjusted programme to accommodate the steps agreed upon to meet the Due Completion Date. No

instruction by the Employer’s Agent to the Contractor to improve his rate of progress in this regard will qualify

for additional compensation.

5.7.2 In respect of any action arising from Clause 5.7.1, if the work is not being carried out by day and by night

and the Contractor requests permission to work by night as well as by day then, if the Employer’s Agent grants

permission, the Contractor shall not be entitled to any additional payment for the night work and all such work

shall be carried out without excessive noise and disturbance. In such an event the proven additional attendance

cost incurred by the Employer’s Agent or the Employer in acceding to the Contractor’s request, shall be deducted

by the Employer’s Agent from the Contract Price. The Contractor indemnifies the Employer against any liability

resulting from noise, or other disturbance created, if the work is carried out at night.

5.7.3 The Employer’s Agent may request the Contractor to submit, or the Contractor may submit to the

Employer’s Agent, a revised programme and cost, determined in accordance with Clause 6.4, for accelerating the

rate of progress to achieve Practical Completion before the Due Completion Date. If accepted by the Employer,

the Due Completion Date shall be adjusted accordingly and the conditions for payment of cost shall be agreed in

writing by the Employer’s Agent.

5.8 Non-working times

5.8.1 None of the Works shall be carried out between sunset and sunrise and on the non-working days and

special non-working days stated in the Contract Data unless:

5.8.1.1 The Employer’s Agent’s written permission is obtained, subject to such conditions as may be laid down

by the Employer’s Agent,

5.8.1.2 Provision is specifically made for such work in the Contract,

5.8.1.3 It is customary to carry out the work concerned by multiple shifts, or

5.8.1.4 Work is unavoidable or necessary to save life or property, or for the safety of the Works.

5.8.2 Written notice, with supporting particulars, shall be given to the Employer’s Agent whenever the

Contractor proposes to carry out any work during non-working times.

5.9 Instructions

5.9.1 On the Commencement Date, the Employer’s Agent shall deliver to the Contractor copies of the drawings

and any instructions required for the commencement of the Works.




5.9.2 The Employer’s Agent shall deliver to the Contractor from time to time, during the progress of the Works,

drawings for construction purposes, or instructions as shall be necessary for the proper and adequate

construction, completion and defect correction of the Works.

5.9.3 The Contractor shall give adequate written notice to the Employer’s Agent of any requirements additional

to that contained in the Scope of Works or drawings, which the Contractor may require for carrying out the

Works and the Employer’s Agent shall deliver such instructions and/or drawings to the Contractor.

5.9.4 The aforesaid instructions and/or drawings referred to in Clause 5.9.3 shall be delivered in good time

taking the approved programme into account.

5.9.5 The Contractor shall give effect to and be bound by any drawing or instruction given in terms of this

Clause and, if such drawing or instruction shall require any variation of, addition to, or omission from the Works,

Clause 6.3 shall apply.

5.9.6 If by reason of a failure by the Employer’s Agent, after his receipt of written notice from the Contractor in

terms of Clause 5.9.3, to comply in good time with the provisions of Clause 5.9.4, the Contractor suffers delay to

Practical Completion and/or incurs proven additional cost, he shall be entitled to make a claim in accordance

with Clause 10.1, for which purpose the time limit of 28 days in Clause 10.1.1.1 shall commence to run only from

the time when the said instructions and/or drawings have actually been delivered.

5.9.7 If the Contract expressly provides for the preparation by the Contractor of designs and details of any

work to be supplied, he shall, taking into account of the approved programme, in good time submit for approval

by the Employer’s Agent, drawings giving full details, dimensions and particulars, together with all relevant

information and erecting or operating instructions (if any) and shall obtain The Employer Agent’s written

approval, in accordance with the said programme, before commencing the work. Once any such drawing has

been approved by the Employer’s Agent, it shall be departed from in any way except with the written consent of

the Employer’s Agent.

5.10 Delays attributable to the Employer

5.10.1 The Contractor may, in writing to the Employer’s Agent demand compliance within a stated time by the

Employer with the terms of the Contract, which terms shall be specified in such demand. If the Contractor suffers

delay to Practical Completion and/or incurs proven additional cost from failure or delay on the part of the

Employer, his agents, employees or other contractors (not employed by the Contractor) in fulfilling any necessary

obligations in order to enable the Works to proceed in accordance with the Contract, the Contractor shall be




entitled to make a claim in accordance with Clause 10.1, for which purpose the time limit of 28 days provided in

Clause 10.1.1.1 shall commence to run only from the time when compliance with the said terms has actually

taken place.

5.11 Suspension of the Works

5.11.1 The Contractor may, after giving fourteen (14) days written notice to the Employer, with a copy to the

Employer’s Agent, (with specific reference to this Clause) suspend the progress of the Works where the

Employer’s Agent or the Employer has failed in terms of Clause 6.10.4 to:

5.11.1.1 Deliver a payment certificate, or

5.11.1.2 Make a full payment of the amount certified in the payment certificate without prejudice to the

Contractor’s other rights under this Contract or by law.

5.11.2 The Contractor shall, on the written order of the Employer’s Agent stating the cause for suspension,

suspend the progress of the Works, or any part thereof, for such time or times and in such manner as the

Employer’s Agent shall order.

5.11.3 During the suspension, the Contractor shall properly protect the Works as far as necessary.

5.11.4 Unless such suspension or alteration is otherwise provided for in the Contract, or by reason of some

default or breach of the Contract by the Contractor, the Contractor shall in respect of delay to Practical

Completion and/ or to proven additional costs as a result of the suspension, be entitled to make a claim in

accordance with Clause 10.1.

5.11.5 If the progress of the Works is suspended in terms of Clause 5.11.1 and full payment is received of the

amountcertified in the payment certificate, the Contractor shall proceed with the Works within seven days of

receiving such full payment. If such payment is not received within 84 days following the Employer’s receipt of

the written notice of suspension, the Contractor may treat the non-payment as a repudiation of the Contract, in

which case Clause 9.3 shall apply.

5.11.6 If the progress of the Works, or any part thereof, is suspended in terms of Clause 5.11.2 for more than 84

days in total, the Contractor may deliver a written notice to the Employer’s Agent requiring permission to

proceed with the Works, or that part thereof in respect of which progress is suspended. If such permission is not

granted within 28 days after the

Employer’s Agent’s receipt of the written notice, the Contractor may, by a further written notice to the Employer,

elect to treat the suspension, where it affects only part of the Works, as an omission of such part under Clause

6.3 or, where it affects the whole Works, as a repudiation of the Contract by the Employer, in which case Clause

9.3 shall apply.




5.12 Extension of time for Practical Completion

5.12.1 If the Contractor considers himself entitled to an extension of time for circumstances of any kind

whatsoever which may occur that will actually extend Practical Completion of the Works beyond the Due

Completion Date, the Contractor shall claim in accordance with Clause 10.1 such extension of time as is

appropriate. Such extension of time shall take into account any special non-working days and all relevant

circumstances, including concurrent delays or savings of time which might apply in respect of such claim.

5.12.2 Without limiting the generality of Clause 5.12.1, the circumstances referred to in that Clause include:

5.12.2.1 The amount and nature of additional work,

5.12.2.2 Abnormal climatic conditions,

5.12.2.3 Any provision of these Conditions which allows for an extension of time, and

5.12.2.4 Any disruption which is entirely beyond the Contractor’s control.

5.12.3 If an extension of time is granted, the Contractor shall be paid such additional time-related General

Items, including for special non-working days, if applicable, as are appropriate regarding any other compensation

which may already have been granted in respect of the circumstances concerned.

5.12.4 Instead of granting extension of time, if feasible, the Employer’s Agent may request the Contractor to

accelerate the rate of progress to achieve practical Completion without extension of time and determine the cost

for payment of such acceleration in accordance with Clause 6.4.

5.13 Penalty for delay

5.13.1 If the Contractor fails to complete the Works to the extent which entitles him to receive a Certificate of

Practical Completion in terms of Clause 5.14.2, by the Due Completion Date, the Contractor shall be liable to the

Employer for the sum stated in the Contract Data as a penalty for every day that elapses between the Due

Completion Date and the actual date of Practical Completion, including special non-working days. The imposition

of such penalty shall not relieve the Contractor from his obligation to complete the Works, or from any of his

obligations and liabilities under the Contract.

5.13.2 If, before the issue of the Certificate of Practical Completion of the whole of the Works, any part of the

Works has been:

5.13.2.1 Certified by the Employer’s Agent as complete in terms of a Certificate of Practical Completion,

or




5.13.2.2 Occupied or used by the Employer, his agents, employees or other contractors (not employed by

the Contractor), the penalty for delay shall be reduced by an amount which is determined by the Employer’s

Agent to be appropriate in the circumstances.

5.14 Completion

5.14.1 The Contractor shall be entitled to receive a Certificate of Practical Completion when the Works have

been completed to the requirements for achieving Practical Completion as set out in the Contract Data. When

the Works are about to reach the said stage, the Contractor shall, in writing, request a Certificate of Practical

Completion and the Employer’s Agent shall, within 14 days after receiving such request, issue to the Contractor a

written list setting out the work to be completed to justify Practical Completion. Should the Employer’s Agent not

issue such a list within the 14 days, Practical Completion shall be taken as achieved on the Due Completion Date;

if a penalty is imposed in terms of Clause 5.13, on expiry of the 14 days. If the Contractor does not request a

Certificate of Practical Completion if the Works reach Practical Completion before the Due Completion Date,

Practical Completion shall be considered achieved on the Due Completion Date.

5.14.2 As soon as the work referred to in the list issued in terms of Clause 5.14.1 has been duly completed, the

Employer’s Agent shall deliver to the Contractor and to the Employer a Certificate of Practical Completion

together with a further written list setting out the work to be completed to justify completion.

5.14.3 Upon the issue of the Certificate of Practical Completion:

5.14.3.1 The Works shall be considered completed for the purposes of Clause 5.13.1, and

5.14.3.2 The Employer shall be entitled to take occupation of the Works, provided that the Contractor is

given access to complete the Works in terms of the Contract.

5.14.4 As soon as the work referred to in the further list issued in terms of Clause 5.14.2 has been duly

completed, the Employer’s Agent shall deliver to the Contractor and the Employer a Certificate of Completion;

provided that the Employer’s Agent shall be empowered to issue such certificate leaving any work and/or the

rectifying of defects, and/or the clearing of the Site as specified therein, to be completed by a date stated in the

certificate and the Contractor shall be obliged to complete the work specified by the date. Should the Contractor

fail to complete the work by the specified date, the Defects Liability Period (if any) shall be extended by the

amount of the additional time taken by the Contractor to complete the work specified, and the terms of Clause

7.8.3 shall apply with the necessary changes.

5.14.5 Upon the issue of a Certificate of Completion, unless otherwise provided in the Contract:

5.14.5.1 The performance guarantee, (if any), shall be returned within 14 days to the Guarantor

5.14.5.2 The Defects Liability Period, if any, shall commence,

5.14.5.3 The retention shall be reduced to half in terms of Clause 6.10.5,




5.14.5.4 The possession of the Site shall revert to the Employer, and

5.14.5.5 Insurance of the Works in terms of Clause 8.6.1.1 shall cease.

5.14.6 The Employer need not occupy the Works before the Due Completion Date. If the Employer takes

occupation of the Works before the Due Completion Date, the date of such occupation shall be considered

the Due Completion Date, unless occupation is due to the Contractor’s method of work.

5.14.7 If, in terms of the Contract Data stated for Clause 1.1.1.14, different dates of Practical Completion are

specified in respect of different portions of the Works, the aforesaid provisions shall apply with the necessary

adjustments in respect of each of such portions.

5.15 Clearance of Site

5.15.1 On completion of the Works the Contractor shall clear away and remove from the Site all Construction

Equipment, surplus materials, rubbish and Temporary Works of every other kind and leave the whole of the Site

and the Works clean and in a safe condition. All streams and watercourses shall be cleaned and restored to the

condition as at the commencement of the Works.

5.16 Approval

5.16.1 The Works shall not be considered as completed in all respects until a Final Approval Certificate has been

delivered by the Employer’s Agent to the Employer and the Contractor stating the date on which the Works were

completed and defects corrected, all in accordance with the Contract. Such Final Approval Certificate shall be

delivered by the

Employer’s Agent as soon as practicable after the completion of the whole of the Works, or of the expiration of

the Defects Liability Period, if such a period is prescribed, or as soon thereafter as any works ordered during such

period pursuant to Clauses 5.14.4, 7.7 and 7.8 shall have been completed in accordance with the Contract. Full

effect shall be given to this Clause, notwithstanding any previous entry on the Permanent Works or the taking

possession of, working in or using thereof, or any part thereof, by the Employer;

Provided that the issue of the Final Approval Certificate referred to in Clause 5.16.1 shall constitute approval of

the Works, or shall be taken as admission on the due performance of the Contract or any part thereof, nor shall

any other certificate exclude or prejudice any of the powers of the Employer’s Agent.

5.16.3 The Contractor’s liability for any latent defects shall continue beyond the date of the Final Approval

Certificate but the Employer shall have no claim against the Contractor arising out of any latent defect which first

manifests itself later than the period, stated in the Contract Data, after the issue of the Final Approval Certificate

in terms of this Clause.




6. PAYMENT AND RELATED MATTERS

6.1 Payment to Contractor

6.1.1 As consideration for the construction, completion and defect correction of the Works, the Employer shall

pay the Contractor in terms of the provisions of the Contract.

6.2 Security

6.2.1 The Contractor shall deliver to the Employer’s Agent, as part of the documentation required before

commencing with the Works in accordance with Clause 5.3.1, at his cost, the type of security for the due

performance of the Contract, as selected in the Contract Data.

6.2.2 If the Contractor fails to select the security to be provided, or if the Contractor fails to provide the

selected security within the time period stated in Clause 5.3.2, or if the performance guarantee shall differ

substantially from the pro forma, it shall legally be deemed that the Contractor has selected a security of ten per

cent retention of the value of the Works without limiting the Employer’s right to terminate the Contract in terms

of Clause 9.2.

6.2.3 If the Contractor has selected a performance guarantee as security, he shall ensure that it remains valid

and enforceable until the Certificate of Completion is issued. The performance guarantee shall specify an expiry

date, and if the Contractor has not become entitled to receive the Certificate of Completion of the Works by the

date 28 days prior to the expiry date, the Contractor shall extend the validity of the performance guarantee until

such time that the Works have been completed.

6.3 Variations

6.3.1 If, at any time before the issue of the Certificate of Completion, the Employer’s Agent shall require any

variation of the form, quality or quantity of the Works, or any part thereof that may be necessary, or for any

reason appropriate, he shall have power to order the Contractor to do any of the following:

6.3.1.1 Increase or decrease the quantity of any work included in the Contract,

6.3.1.2 Omit any such work, provided it is not to be carried out by someone else,

6.3.1.3 Change the character or quality of any such work,

6.3.1.4 Change the levels, lines, position and dimensions of any part of the Works,




6.3.1.5 Carry out additional work of any kind necessary for the completion of the Works, and

6.3.1.6 Change the specified or approved sequence or method of construction.

No such variation shall in any way vitiate or invalidate the Contract, but the value, if any, of all such variations

shall be taken into account in ascertaining the amount of the Contract Price.

6.3.2 No such variation shall be made by the Contractor without a written order by the Employer’s Agent in

which it is stated to be a “Variation Order”;

Provided that:

6.3.2.1 If the Contractor, as soon as possible, but within seven days after receiving an oral order, or a written

order which he contends to be a Variation Order, confirms, in writing to the Employer’s Agent that it is indeed a

Variation Order, and such confirmation is not contradicted, in writing, by the Employer’s Agent to the Contractor

within seven days of receipt thereof, it shall legally be deemed to be a Variation Order within the meaning of this

Clause. If the Contractor fails to confirm such order within the seven day period, such order shall not be a

Variation Order.

6.3.3 No increase or decrease in the quantity of any work, set out in the Bill of Quantities for a Re-

measurement Contract, where such increase or decrease is not the result of the quantities exceeding, or being

less than those stated in the Bill of Quantities, shall be a variation to which this Clause applies and no order in

writing shall be required therefor.

6.4 Value of variations

6.4.1 The value of all Variation Orders shall be calculated by the Employer’s Agent in accordance with the

following principles:

6.4.1.1 Where work is of a similar character and carried out under similar conditions to work priced in the Pricing

Data, it shall be valued at such rates and/or prices (including General Items) contained therein as may be

applicable;

6.4.1.2 Where work is not of a similar character or is not carried out under similar conditions, the rates and/or

prices in the Pricing Data shall be used as the basis for valuation as far as may be appropriate;

6.4.1.3 Where work cannot reasonably be valued in accordance with Clauses 6.4.1.1 or 6.4.1.2, the value arising

from all expenditure, including profit, necessary for carrying out the work shall be determined after due

consultation by the Employer’s Agent with the Employer and the Contractor; or

6.4.1.4 In respect of additional or substituted work, the Employer’s Agent may issue an instruction that the work

shall be carried out on a day work basis in terms Clause 10.2.




6.4.2 The Employer’s Agent shall, within 28 days after issuing the Variation Order, or such other period as may

be agreed between the parties, in writing, deliver to the Contractor and the Employer, in writing, the valuation of

the variation Order and apply this valuation in certifying amounts payable to the Contractor, without prejudice to

the Contractor’s right to raise a dissatisfaction in terms of Clause 10.2.

6.4.3 If the Employer’s agent valuation is not received by the Contractor within the time referred to in Clause

6.4.2 the Contractor may in respect of the delay to Practical Completion and/or to proven additional costs of

giving effect to the Variation Order, be entitled to make a claim in accordance with Clause 10.1.

6.5 Dayworks

6.5.1 If work is to be carried out on a daywork basis:

6.5.1.1 The Contractor shall be paid for such work under the provisions set out in the daywork schedule included

in the Pricing Data and at the rates and/or prices stated therein.

6.5.1.2 In the absence of a daywork schedule, and for items not included in the daywork schedule, the

Contractor shall be paid the aggregate of:

6.5.1.2.1 The gross remuneration of the workmen, and of any foremen, for the time they are actually

engaged in the work concerned,

6.5.1.2.2 The net cost of the materials actually used in the completed work,

6.5.1.2.3 The percentage allowances, stated in the Contract Data, in respect of the said remuneration of

workmen and the cost of materials, which allowances shall be held to cover all charges for the Contractor’s and

subcontractor’s profits, timekeeping, clerical work, insurance, establishment, superintendence and the use of

hand tools, and

6.5.1.2.4 An amount in respect of Construction Equipment calculated as provided for in Clause 6.5.1.3.

6.5.1.3 The use of Construction Equipment shall be charged on a time basis at the rates stated in the Pricing

Data, failing which at rates to be agreed between the Contractor and the Employer’s Agent or, failing agreement,

to be determined by the Employer’s Agent on the basis of ruling plant hire rates.

6.5.2 If required by the Employer’s Agent, the Contractor shall, before ordering material, submit to the

Employer’s Agent quotations for the same for his approval, which approval shall not be unreasonably

withheld, and shall submit to him such receipts or other vouchers as proof for the amounts paid.

6.5.3 The Contractor shall, during the continuance of all work carried out on a daywork basis, deliver each day

to the Employer’s Agent, or the Employer’s Agent’s Representative, a list of the exact occupation and the time of

all workmen and foremen employed on such work and a statement showing the description and quantity of all

materials and Construction Equipment used therefor (other than tools the cost of which is covered by the




percentage addition in accordance with the daywork schedule in terms of which payment for daywork is made).

If correct and agreed upon by the Employer’s Agent or the Employer’s Agent Representative, and the Contractor,

the Employer’s Agent or the Employer’s Agent’s Representative shall sign the copies of each list and statement

and return such copies to the Contractor within one working day of carrying out the work.

6.5.4 For the purpose of each monthly certificate referred to in Clause 6.10.1, the Contractor shall deliver to

the Employer’s Agent a priced statement of the labour, materials and Construction Equipment used (except as

provided in Clause 6.5.3) and the Contractor shall not be entitled to any payment for the daywork concerned

unless and until such statement has been properly rendered and supported by one copy of each of the signed

lists and statements referred to in Clause 6.5.3.

6.6 Provisional sums and prime cost sums

6.6.1 If any provisional sum is set out in the Pricing Data and the work to which the provisional sum relates has

been ordered by the Employer’s Agent and is:

6.6.1.1 Carried out by the Contractor, it shall be valued and paid for in accordance with the terms of Clause 6.4,

6.6.1.2 Carried out by a subcontractor appointed in terms of Clause 4.4.4, the Contractor shall be paid the sum,

or sums paid, or due to be paid by him to the subcontractor, plus either:

6.6.1.2.1 A commission on the sum, or sums paid, or due to be paid to the subcontractor by the Contractor

or the Employer, at the percentage stated by the Contractor in his Pricing Data, or failing such statement at 7.5

per cent, or,

6.6.1.2.2 If the Contractor in the Pricing Data has added to the provisional sum concerned a sum in respect

of charges and profits, a pro rata amount of such sum, added in the proportion that the amount paid to the

subcontractor by the Contractor or the Employer bears to the provisional sum.

6.6.2 Where a prime cost sum is provided in the Pricing Data to cover the cost price of certain goods, services

or materials to be supplied under the Contract, the amount to be paid therefor to the Contractor shall be the

actual price payable by him, in substitution for the prime cost sum, together with any charge included by the

Contractor in the Pricing Data to allow for labour, profit, carriage, storage, establishment and other costs related

to such goods, services or materials.

6.6.3 Expenditure in connection with provisional and prime cost sums and under the contingency allowance (if

any) shall be solely at the discretion and on the instruction of the Employer’s Agent. Any parts of the amounts

provided in the Pricing Data which are not expended shall not be included in the Contract Price.

6.6.4 The Contractor shall produce all invoices, vouchers and receipts in respect of payments made by him in

connection with provisional or prime cost items when he requires payment for these items.




6.7 Measurement of the Works

6.7.1 The quantities set out in the Bill of Quantities for a Re-measurement Contract are the estimated

quantities of the work and they are not to be taken as the actual and final quantities of the Works to be carried

out by the Contractor in fulfillment of his obligations under the Contract.

6.7.2 The Employer’s Agent shall ascertain and determine the value of the Works but, when required to do so

by the Employer’s Agent, the Contractor shall measure the Work carried out during each month and the

materials on Site and shall deliver to the Employer’s Agent a supporting statement with his monthly statement in

terms of Clause 6.10.1, showing the said measurements and the relevant amounts paid, or payable by him for

such materials, and all other particulars required by the Employer’s Agent.

6.7.3 The Employer’s Agent shall, when he wishes to make any measurement on the Site, or requires any parts

of the Works to be measured in his presence, give notice of this fact and of the date and time at which he will be

present to the Contractor who shall:

6.7.3.1 Attend or send a qualified agent to assist the Employer’s Agent in making such measurement, or to make

such measurement in the presence of the Employer’s Agent, and

6.7.3.2 Furnish all particulars required by the Employer’s Agent.

6.7.4 If the Contractor, despite being required to do so, fails:

6.7.4.1 To submit a supporting statement in terms of Clause 6.7.2, or

6.7.4.2 To attend or send his agent when given such notice in terms of Clause 6.7.3, the measurement made by

the Employer’s Agent, or approved by him, shall be taken to be the correct measurement of the work for the

purpose of the payment certificate in respect of which the measurement has been made.

6.7.5 All the work shall be measured in accordance with the provisions of the Pricing Data.

6.8 Adjustment in rates and/or prices

6.8.1 Except as provided in this Clause, or elsewhere in the Contract, the rates and/or prices stated in the

Pricing Data shall be final and binding throughout the period of the Contract.

6.8.2 If the Contract Data provides for the application of a Contract Price Adjustment Factor, the value of

certificates issued in terms of Clause 6.10.1 (excluding the value of those special materials referred to in Clause

6.8.3) shall be increased and decreased by applying a “Contract Price Adjustment Factor” calculated according to

the formula and the conditions set out in the Contract Price Adjustment Schedule.

6.8.3 If price adjustment for variations in the cost of special materials is provided for in the Contract Data, it

shall be made in the manner set out in the Contract Price Adjustment Schedule.




6.8.4 If at any time within 28 days before the closing date for tenders or thereafter, any Act of Parliament,

Ordinance, Regulation or By-law of any local or other statutory authority is amended and this results in

additional, or reduced cost to the Contractor in respect of carrying out the Contract (other than in terms of

Clauses 6.8.2 and 6.8.3), such additional or reduced cost shall, after due consultation between the Employer and

the Contractor, be determined by the Employer’s Agent and shall be added to or deducted from the Contract

Price and the Employer’s Agent shall notify the Contractor accordingly, with a copy to the Employer.

6.9 Vesting of Plant and materials

6.9.1 All Plant and materials:

6.9.1.1 Brought on to the Site by or on behalf of the Contractor, or

6.9.1.2 Fabricated, or stored at places other than the Site, and agreed, in writing, by the Employer and the

Contractor to be governed by this Clause, shall, immediately on delivery to the Site or, in the case of Plant and

materials not on the Site, immediately on the conclusion of the said written agreement, legally be deemed to

have become the Employer’s property and to have been delivered to the Contractor to be held by him on behalf

of the Employer.

6.9.2 The expression “materials” used in this Clause shall include all construction materials, commodities,

substances, fixtures, equipment and appliances all of which ate to be incorporated in the Works.

6.9.3 The Contractor shall hold, or cause to be held, on behalf of the Employer as owner, and be responsible

for the care of all the Plant and materials referred to in Clause 6.9.1 and shall, in the case of Plant and

materials referred to in Clause 6.9.1.2, take such steps as the Employer’s Agent shall order to identify the Plant

and materials as being the property of the Employer.

6.9.4 The Contractor shall not remove from the Site any such Plant and materials which are on the Site, or

which are brought there from such place of fabrication or storage, and shall use all such Plant and materials

exclusively for incorporation in the Permanent Works.

6.9.5 The operation of this Clause shall not imply any approval by the Employer’s Agent of Plant and materials,

nor shall it prevent the rejection of any such Plant and materials at any time by the Employer’s Agent.

6.10 Payments

6.10.1 With regards to all amounts that become due to the Contractor in respect of the matters set out in

Clauses 6.10.1.1, 6.10.1.2, 6.10.1.3, 6.10.1.4, and 6.10.1.5 below, he shall deliver to the Employer’s Agent a

monthly statement for payment of all amounts he considers to be due to him (in such form and on such date as




may be agreed between the Contractor and the Employer’s Agent, or failing agreement, as the Employer’s Agent

may require) and the Employer’s Agent shall, by signed payment certificates issued to the Employer and the

Contractor, certify the amount he considers to be due to the Contractor, taking into account the following:

6.10.1.1 The estimated value of the Permanent Works, carried out and calculated in terms of the Contract

up to the date of the Contractor’s said statement;

6.10.1.2 The amount of any Temporary Works, or other special items for which separate amounts are

provided in the Pricing Data;

6.10.1.3 Any other additional amounts which are due to the Contractor or the Employer;

6.10.1.4 Adjustment under Clause 6.8;

6.10.1.5 The value up to the percentage limit stated in the Contract Data of Plant and materials referred

to in Clause 6.9.1 not yet supplied to Site or not yet built into Permanent Works; provided that the Contractor

has produced documentary evidence of ownership of such Plant and/or materials and has delivered to the

Employer an indemnity, approved in writing by the Employer, against any claim to or in respect of such Plant

and/or materials by reason of the Contractor’s sequestration or liquidation, or of any defect in the Contractor’s

title to the Plant and/or materials.

6.10.1.6 A deduction of the amount of all previous payments;

6.10.1.7 A deduction of penalties imposed in terms of Clause

5.13; and

6.10.1.8 Any sales tax or value added tax which the law requires the Employer to pay to the Contractor.

6.10.2 The Contractor shall deliver with his statement, pursuant to Clause 6.10.1.5, copies of invoices or receipts

in respect of the purchase and delivery of the materials for which the Contractor claims payment. The valuation

of such materials shall be based on the purchase price and delivery cost reflected by the relevant invoices or

receipts, exclusive of discounts to the Contractor and inclusive of any sales tax or value added tax which the law

requires the Employer to pay to the Contractor, and duties payable on such materials by the Contractor; provide

that, if the materials have been produced by the Contractor himself, or in the valuation of such materials is not

consistent with the relevant rates and/or prices set out in the Pricing Data, the Employer’s Agent shall have the

right to base the valuation and payment for such materials either on rates and/or prices consistent with the rates

and\or prices set out in the Pricing Data, or on current market prices.

6.10.3 Payments of the amounts referred to in Clauses 6.10.1.1, 6.10.1.2, 6.10.1.3, and 6.10.1.4 shall be subject

to “retention money”, being the percentage retention, of the selected security stated in the Contract Data, of the

said amounts due to the Contractor, until the retention money reaches the “Limit” of retention money” stated in

the Contract Data.




6.10.4 The Employer’s Agent shall deliver to the Employer and the Contractor the payment certificate referred

to in Clause 6.10.1 within 7 days of the receipt by the Employer’s Agent of the Contractor’s said statement.

Any dissatisfaction in respect of such payment certificate shall be dealt with in terms of Clause 10.2. The

Employer shall pay the amount due to the Contractor within 28 days of receipt by the Employer of the payment

certificate signed by the Employer’s Agent. Payment shall be subject to the Contractor submitting a tax invoice, if

required by the law, to the Employer for the amount due.

6.10.5 When a Defects Liability Period is specified, one half of the retention money shall become due and shall

be paid to the Contractor when the Employer’s Agent has issued a Certificate of Completion in terms of Clause

5.14.4. The other half shall become due and shall be paid to the Contractor within 14 days of the expiration of

the Defects Liability Period, which may be extended in terms of Clauses 5.14.4 or 7.8.1, if necessary; provided

that:

6.10.5.1 If the Defects Liability Period is extended in terms of Clauses 5.14.4 or 7.8.1 or if at the expiration

of the original Defects Liability Period, any works ordered during such period in terms of Clauses 7.7 and 7.8 still

remains to be carried out by the Contractor, the Employer shall be entitled to withhold payment until the

completion of the work concerned, of so much of the second half of the retention money as shall represent the

cost of such work;

6.10.5.2 In the event of different Defects Liability Periods having become applicable to different parts of

the Works pursuant to Clause 5.14, the expression “retention money” shall mean such proportion of the total

retention money as is applicable to each completed part of the Works; and

6.10.5.3 If a Defects Liability Period is not specified, the whole amount of the retention money shall

become due and shall be paid to the Contractor when the Contractor has become entitled, in terms of Clause

5.16.1, to receive a Final Approval Certificate.

6.10.6 In respect of any amount payable to the Contractor in terms of the Contract:

6.10.6.1 The Employer may deduct from such payment any amount to which he is entitled in terms of this

Contract, or by law to set off against such payment, and shall state, in a written notice to the Contractor, the

reasons for such deductions, and

6.10.6.2 In the event of failure by the Employer to make the payment by the due date, he shall pay to the

Contractor interest, at the prime overdraft rate charged by the Contractor’s Bank, compounded monthly, on all

overdue payments from the date on which the same should have been paid to the date when payment is

effected, without prejudice to the Contractor’s other rights under this Contract or by law.

6.10.7 The Employer’s Agent may make any correction or modification of any previous payment certificate,

which has been issued by him.




6.10.8 Within 14 days of the date of the Certificate of Completion, the Contractor shall deliver to the Employer’s

Agent a completion statement showing the value of work done in respect of which a Certificate of Completion

has been issued and shall supply such further information as the Employer’s Agent may reasonably require. The

Contractor shall not be entitled to any payment in respect of any matter which has not been included in such

completion statement save as provided for in Clauses 5.14, 7.7 and 7.8 in respect of work carried out during the

Defects Liability Period and/or Clauses 10.3 to 10.11 in respect of any dispute. The Employer’s agent shall deliver

to the Employer and the Contractor the payment certificate in respect of the completion referred to above within

14 days of the receipt by the Employer’s Agent of the Contractor’s said statement, and the Employer shall pay

the amount due to the Contractor within 28 days after receipt by the Employer of the payment certificate signed

by the Employer’s Agent.

6.10.9 Within 14 days of the date of final approval as stated in the Final Approval Certificate, the Contractor

shall deliver to the Employer’s Agent a final statement claiming final settlement of all moneys due to him

(save in respect of matters in dispute, in terms of Clauses 10.3 to 10.11, and not yet resolved). The Employer’s

Agent shall within 14 days issue to the Employer and the Contractor a Final Payment Certificate, the amount of

which shall be paid to the Contractor within 28 days of the date of such certificate, after which no further

payments shall be due to the Contractor (save in respect of matters in dispute, in terms of Clauses 10.3 to 10.11

and not yet resolved).

6.11 Variations exceeding 15 per cent

6.11.1 If, at the time of the preparation of the payment certificate following the issue of the Certificate or

Certificates of Completion for the whole of the Works, it is found that the aggregate of:

6.11.1.1 All the variations made by the Employer’s Agent in terms of Clauses 6.3,

6.11.1.2 All additional payments allowed by the Employer’s Agent in terms of Clause 10.1, and

6.11.1.3 The adjustment upon measurement of the estimated quantities set out in the Bill of Quantities

for a Re-measurement Contract,

results in an increase or decrease in the Contract Price, determined before adjustment in terms of this Clause,

greater than 15 per cent of the prices provided for in the Contract Sum, excluding any allowance for

contingencies therein and excluding from both Contract Price and Contract Sum, all payments or allowances for:

6.11.1.4 Variations in price in terms of Clause 6.8,

6.11.1.5 Provisional sums and prime cost items, and

6.11.1.6 Daywork,




then the General Items shall be adjusted by such sums (if any) as may be agreed between the Contractor and the

Employer’s Agent or, failing agreement, determined by the Employer’s Agent with due regard to all relevant

factors affected by such increase or decrease, including any adjustments to the General Items already made.

7. QUALITY AND RELATED MATTERS

7.1 Quality of Construction Equipment

7.1.1 The nature and quality of all Construction Equipment to be provided by the Contractor for carrying out

and making good of defects of the Works shall be such that it corresponds with the requirements and scope of

the Works and Construction Equipment shall be in good working order and shall, in particular, be well suited to

the purpose for which it is to be used. The Contractor shall provide and maintain sufficient Construction

Equipment to meet all the requirements and, when so ordered by the Employer’s Agent, the Contractor shall

remove from the site all unsuitable, outdated and obsolete Construction Equipment.

7.2 Quality of Plant, workmanship and materials

7.2.1 All plant to be supplied shall be manufactured, all workmanship shall be carried out and all materials

shall be of the respective kinds specified in the Contract and shall comply with the requirements set in the Scope

of Work and in the Employer’s Agent’s instructions. Failing requirements or instructions, the Plant, workmanship

and materials of the respective kinds shall be suitable for the purpose intended.

7.3 Access to the Works

7.3.1 The Employer, the Employer’s Agent and any person authorised by either of them shall, during working

hours, have access to the Works and to the Site and to all workshops and places where work is being prepared,

or where Plant, materials, manufactured articles and machinery are being manufactured or obtained for the

Works, to inspect, examine and test such Plant, materials and workmanship and verify progress in accordance

with the programme. The Contractor shall afford any necessary facility for the assistance in obtaining the right to

such access.

7.4 Samples and testing




7.4.1 The Contractor shall, as set out in the Scope of Work, or as instructed by the Employer’s Agent, provide

at his own expense samples of materials intended to be incorporated into the works.

7.4.2 The Contractor shall, as set out in the Scope of Work, or as instructed by the Employer’s Agent, take and

deliver to the Employer’s Agent test specimens from portions of the Works already constructed, and make good

any resultant damage to the Works.

7.4.3 The Contractor shall, in accordance with the Scope of Work, or if instructed by the Employer’s Agent,

carry out tests on Plant and samples of materials intended to be incorporated into the Works and on any test

specimens from portions of the Works, and shall carry out any other tests specified in the Scope of Works. The

Contractor shall provide all necessary assistance, labour, materials, electricity, fuel, testing equipment and

instruments for the purpose of such tests to be performed by him or, if so specified in the Scope of the Work, or

instructed by the Employer’s Agent, for the purposes of tests to be performed by others.

7.4.4 The following provisions shall apply in respect of the cost of the Contractor’s services in terms of Clauses

7.4.2 and 7.4.3:

7.4.4.1 It shall be taken that the Contractor has allowed in his rates and/or prices for all such services as are

required to be rendered by him, provided that the tests have been particularized in the Scope of Work in

sufficient detail for him to allow for them, and

7.4.4.2 The Contractor shall be paid the cost of any services not covered by Clauses 7.4.4.1; provided that, if any

test establishes that the Plant, workmanship or the materials used do not comply with the requirements of the

Contract, the Contractor shall not be paid any amount in respect of the services concerned whether or not

payment would otherwise have been due in terms of Clauses 7.4.4.1 or 7.4.4.2.

7.4.5 The Employer’s Agent and the Contractor shall deliver to each other, as and when testing has been

carried out, accurate and complete copies of all reports on tests carried out by or on behalf of either party, save

to the extent that any such reports are prepared specifically for the purpose of proceedings in terms of Clauses

10.3 to 10.11.

7.5 Examination of the Works

7.5.1 No part of the Works or excavations shall be covered up or put out of view without the consent of the

Employer’s Agent, and the Contractor shall afford full opportunity for the Employer’s Agent to examine and

measure the Works and to inspect the excavations before any Permanent Works are placed thereon.

7.5.2 No Plant shall be delivered to the Site until such Plant has passed testing in accordance with Clause 7.4.3

and the subsequent written authorization by the Employer’s Agent for delivery to Site has been issued.




7.5.3 The Contractor shall give adequate written notice to the Employer’s Agent whenever Plant, or any part of

the Works, or excavations are ready or almost ready for testing, or inspection, and the Employer’s Agent shall

visit the site, as soon as practicable, for the purpose of testing such Plant or examine such work or excavations

unless he considers it unnecessary and advises the Contractor accordingly in writing (in which event it shall be

taken that the consent required in terms of this Clause has been given);

Provided that, any delay occasioned by the said attendance of the Employer’s Agent beyond that provided in the

approved programme shall entitle the Contractor to make a claim in accordance with Clause 10.1 in respect of

the delay to Practical Completion and/or to proven additional costs.

7.5.4 Any delay occasioned by the Employer in the dates of delivery of Plant beyond that provided in the

approved programme shall entitle the Contractor to make a claim in accordance with Clause 10.1 in respect

of the delay to Practical Completion and/or to proven additional costs.

7.5.5 The Contractor shall uncover any part or parts of the Works, or make openings in or through the same as

the Employer’s Agent may from time to time order, and reinstate and make good such part or parts in

accordance with the terms of the Contract. If any such part or parts have been covered up or put out of view

after compliance with the requirements of Clauses 7.5.1 and 7.5.3 and are found to have been carried out in

accordance with the

Contract, the Contractor shall in respect of the delay to Practical Completion and/or to proven additional costs,

be entitled to make a claim in accordance with Clause 10.1, but in any other case the cost shall be borne by the

Contractor and no extension of time shall be given.

7.6 Defective Plant, materials and work

7.6.1 The Employer’s Agent shall, during the progress of the Works, have the power to order, in writing, from

time to time, the making good to comply with the Contract and retesting of Plant that failed to pass the tests in

accordance with Clause 7.4.3, within such a time or times as specified in the order, all at the cost of the

Contractor.

7.6.2 If, following retesting of Plant, it again fails to meet the requirements of the Contract the Employer’s

Agent shall be entitled to:

7.6.2.1 Instruct further making good and retesting of such Plant at such time or times as specified in the notice,

all at the cost of the Contractor,

7.6.2.2 Subject to the Employer’s written consent, accept such a Plant subject to a reduction in the Contract

Price as provided for in the Contract, or as may be agreed by the Employer and the Contractor, or

7.6.2.3 Reject the Plant if the results of the tests show that the Plant is not in accordance with the Contract.




7.6.3 The Employer’s Agent shall, during the progress of the Works, have the power to order, in writing, from

time to time, within such time or times as specified in the order:

7.6.3.1 The removal from the Site of any materials which are not in accordance with the Contract and the

substitution of proper and suitable materials therefor, and

7.6.3.2 The removal and proper reconstruction (notwithstanding any previous test thereof or interim payment

therefor) of any work which, in respect of materials or workmanship, is not in accordance with the Contract.

7.6.4 In case of failure on the part of the Contractor to carry out any of the orders referred to in Clauses 7.6.1

and 7.6.3 within the time period stated by the Employer’s Agent in such order, the Employer shall be

entitled to employ and pay other persons to carry out the same and all costs consequent thereon or identical

thereto, in excess of what would have been payable to the Contractor if the Contractor had carried out such

order, shall be borne by the Contractor and shall be recoverable from him by the Employer.

7.7 Search for defects

7.7.1 The Contractor shall by written order from the Employer’s Agent, search for the cause of any defect. If

such defect is one for which the Contractor is not liable under the Contract, the cost of the work carried out by

the Contractor in the search shall be paid to him. If such defect is one for which the Contractor is liable, the cost

of such work shall be borne by the Contractor.

7.8 Defects

7.8.1 To the intent that the Permanent Works shall at, or as soon as practicable after the expiration of the

Defects Liability Period, be in the condition (fair wear and tear excepted) required by the Contract, the

Contractor shall, during the Defects Liability Period, carry out all such repair, reconstruction, rectification and

making good of defects, shrinkages, settlements or other faults as may be ordered, in writing, by the Employer’s

Agent.

All such work shall be carried out in terms of the Contract and shall be completed during the Defects Liability

Period or, if necessary, within such time thereafter as the Employer’s Agent shall, in writing, allow, if the reason

why the work is being completed later is not attributable to any fault or failure of performance by the Contractor.

If such work is delayed by the Contractor’s own fault, the Defects Liability Period in respect of the work

concerned shall be extended by the additional time taken by the Contractor to effect completion of the

outstanding work.

7.8.2 All such remedial work shall be carried out by the Contractor,




7.8.2.1 At his own expense, if the necessity therefor is due to Plant, or the use of materials or workmanship not

in accordance with the Contract, or to neglect or failure on the part of the Contractor to comply with any

obligation under the Contract,

7.8.2.2 However, if such remedial work is due to any other cause, such work, if carried out by the Contractor,

shall be valued and paid for in accordance with Clause 6.4.

7.8.3 If the Contractor shall fail, within 28 days of receipt of written notice from the Employer’s Agent, to do

any remedial work required by the Employer’s Agent, the Employer shall be entitled to have such work done by

his own workmen or by others, and:

7.8.3.1 If such work should have been done by the Contractor at his own expense, the Employer shall be entitled

to recover from the Contractor the cost thereof, and

7.8.3.2 If the cost of such work, had it been done by the Contractor, would have been assessed and paid for as

specified in Clause 7.8.2.2, the Employer shall be, entitled to recover from the Contractor the amount by which

the actual cost exceeds the cost which would have been so paid to the Contractor.

7.9 Urgent remedial work

7.9.1 If, by reason of any accident or failure, or other event at, on, or in connection with the Works or any part

thereof, either while carrying out the Works, or during the Defects Liability Period (if any), any remedial or other

repair work shall be urgently necessary for the safety and protection of the Works, or persons, or property, and

the Contractor is not available or is unable to do such work, the Employer may have the necessary work or repair

done by his own workmen or by others.

The Employer’s Agent shall, before, or as soon as practicable after the occurrence of any such emergency, notify

the Contractor thereof, in writing. If the work so done by the Employer is work which the Contractor was liable to

do at his own expense under the Contract, all costs incurred by the Employer in so doing shall be determined by

the Employer’s Agent and the Employer shall be entitled to recover from the Contractor such amount.

8. RISKS AND RELATED MATTERS

8.1 Protection of the Works

8.1.1 The Contractor shall protect the Works properly and shall so arrange his operations that they pose no

danger, and cause the least possible inconvenience to the public and/or to vehicle and pedestrian traffic.

For this purpose, he shall, inter alia, provide and maintain sufficient Temporary Works, road signs, lights,




barricades, fencing and guarding as may be necessary, or required by any act, regulation, including the South

African Road Traffic Signs Manual, or statutory authority.

8.1.2 All operations necessary for carrying out the Works shall, as far as compliance with the requirements of

the Contract permits, be carried out in such a manner as not to cause unnecessary noise or pollution, or to

interfere unnecessarily or improperly with, or encroach upon the use of public services, or access to, use and

occupation of public or private roads and footpaths or properties, whether in the possession of the Employer or

of any other person.

8.1.3 The Contractor shall use every reasonable means to prevent any of the roads or bridges to, or in the

vicinity of the Site, from being subjected to damage by excessive loads, or disruption due to excessive traffic,

occasioned by the transport arrangements of the Contractor.

8.1.4 The Contractor indemnifies the Employer against any liability arising out of the Contractor’s non-

compliance with his obligations in terms of this Clause.

8.1.5 It shall be taken that the Contractor has allowed in his rates and/or process for all obligations in terms of

this Clause, except insofar as provision is made in the Pricing Data for payment in respect of specific items

pertaining to these obligations.

8.2 Care of the Works

8.2.1 From the date on which the Site is handed over to the Contractor to the date of the issue of a Certificate

of Completion, the Contractor shall take full responsibility for the care of the Works and of all Plant intended for

incorporation into the Works and materials on the Site intended for incorporation into the Works; provided that,

if in terms of Clause 5.14.7 the Employer’s Agent shall issue a Certificate of Completion in respect of any part of

the Works, the Contractor shall cease to be responsible for the care of such part and responsibility therefor shall

pass to the Employer.

8.2.2 If there is any damage to the Works, or any part thereof, or to the said Plant or materials, or physical loss

occurs:

8.2.2.1 From any cause whatsoever (other than the excepted risks defined in Clause 8.3.1) while the Contractor

is responsible for the care thereof, the Contractor shall, at his own cost, repair and make good the same so that,

at the issue of the Certificate of Completion, the Works, or the portions of the Works to which the Certificate

relates, shall be in good order and condition, and in conformity with the Contract.

8.2.2.2 Arising from any of the excepted risks, referred to in Clause 8.3, the Contractor shall, if ordered by the

Employer’s Agent, repair and make good the same and the cost of such work shall be valued and paid in

accordance with Clause 6.4.




8.2.2.3 Occasioned by the Contractor in the course of any operation carried out by him for the purpose of

complying with his obligations under Clause 7.8, or in respect of work to be completed in terms of Clause 5.14.4,

the Contractor shall be liable for such damage or loss.

8.3 Excepted risks

8.3.1 The excepted risks are risks of damage or physical loss or any other loss caused by or arising directly or

indirectly as a result or consequence of:

8.3.1.1 War, invasion, act of foreign enemies, hostilities or warlike operations (whether war be declared or not)

or imposition to economic sanctions between governments,

8.3.1.2 Insurrection, rebellion, revolution, acts of terrorism or civil war,

8.3.1.3 Mutiny, military uprising, military or usurped power, martial law or state of siege, or any other event or

cause which determines the proclamation or maintenance of martial law or state of siege,

8.3.1.4 Strike, riot, commotion, disorder, violent demonstrations, sabotage or any form of civil disturbance

(whether lawful or not) which is not attributable to any action or inaction of the employees of the Contractor or

his subcontractors,

8.3.1.5 The confiscation, commandeering, nationalisation, requisition or destruction of or damage to property by

an order of government, or any public or local authority,

8.3.1.6 Disconnection of electricity supply not covered by the agreement with the supply authority,

8.3.1.7 Epidemic famine or plague,

8.3.1.8 The impact of meteorites,

8.3.1.9 Pressure waves caused by aircraft, or other aerial devices, travelling at sonic or supersonic speeds,

8.3.1.10 Ionising radiation, or contamination by radioactivity from any nuclear fuel, or from any nuclear

waste from the combustion of nuclear fuels,

8.3.1.11 The use of or occupation by the Employer or his employees or agents or other contractors (not

employed by the Contractor) of any part of the Works,

8.3.1.12 The design, specification or instruction of the Employer’s Agent, Employer or any of their

employees or agents, or defects in the materials supplied by the Employer for incorporation in the Works, and/or

8.3.1.13 The fact that the value of materials, as supplied by the Employer for incorporation in the Works,

exceeds the value thereof as specified by, or on behalf of the Employer, at the time of delivery thereof by the

Employer.




8.3.2 If, in carrying out the Works, any of the excepted risks, other than pertaining to the damage or physical

loss referred to in Clause 8.2.2.2, causes the Contractor to suffer delay to Practical Completion and/or brings

about proven additional costs, the Contractor shall be entitled to make a claim in accordance with Clause 10.1.

8.4 Indemnifications

8.4.1 The Contractor:

8.4.1.1 Indemnifies the Employer against any liability in respect of damage to, or physical loss of property of any

person, or injury to or death of any person, and

8.4.1.2 Shall be liable to the Employer for damage to or physical loss of all property of the Employer that is not

part of the Works, nor of the Site, Arising directly from carrying out the Works; provided that nothing herein

contained shall render the Contractor liable in respect of:

8.4.1.3 The permanent use or occupation of land by reason of the Works or any part thereof,

8.4.1.4 The right of the Employer to construct the Works, or any part thereof, over, under, in or through any

land,

8.4.1.5 Any nuisance, disturbance or interference arising necessarily by reason of the construction of the Works,

8.4.1.6 Interference, whether temporary or permanent, with any servitude, or any other right, which is the

unavoidable result of the construction of the Works in accordance with the Contract.

8.4.1.7 Injuries or damage to persons or property resulting from any act, omission or neglect of the Employer,

his agents, employees or other contractors (not being employed by the Contractor), or

8.4.1.8 Any agreement by the Employer to pay any sum by way of indemnity, or otherwise, unless liability for

such payment would have existed in the absence of such agreement.

8.4.2 The Employer indemnifies the Contract against all liability in respect of the matters referred to in the

proviso to Clause 8.4.1.

8.5 Reporting accidents

8.5.1 In addition to any statutory obligations, the Contractor shall, as soon as practicable, report to the

Employer’s Agent every occurrence on the Works, or the Site, which causes damage to property, or injury or

death to persons.

If required by the Employer’s Agent, the Contractor shall submit a written report to the Employer’s Agent within

48 hours of such requirement, setting out full details of the occurrence. The Employer’s Agent shall have the right

to make any enquiries, either on the Site or elsewhere, as to the cause and results of any such occurrence and




the Contractor shall make available to the Employer’s Agent the necessary facilities for carrying out such

enquiries.

8.6 Insurances

8.6.1 Except if provided otherwise in the Contract Data, the Contractor, without limiting his obligations in

terms of the Contract, shall as part of the documentation required before commencing with the Works in

accordance with Clause 5.3.1, at his own cost, effect and maintain the following insurances in the joint names of

the Employer and the Contractor:

8.6.1.1 Insurance of the Works, Plant intended for incorporation in the Works, and of all materials on the Site

intended for incorporation in the Works against damage or physical loss arising from whatever cause (except the

causes set out in Clause 8.3.1), for the period for which the Contractor in responsible for the Works in terms of

Clause 8.2.1, and for a sum insured which shall be the aggregate of:

8.6.1.1.1 The Contract Price,

8.6.1.1.2 The amount stated in the Contract Data to cover the value of Plant and materials supplied by the

Employer for incorporation in the Works and not included in the Contract Price, and

8.6.1.1.3 The amount stated in the Contract Data to cover professional fees, not included in the Contract

Price, payable in respect of the repair or reinstatement of damage to the Works or said movables.

8.6.1.2 A Coupon Policy for Special Risks Insurance issued by SASRIA unless otherwise stated in the Contract

Data.

8.6.1.3 Liability insurance that covers the Employer as well as the Contractor against their respective liability for

the death of, or injury to any person, or loss of, or damage to any property (other than property while it is

insured in terms of Clause 8.6.1.1) arising from or in the course of the fulfillment of the Contract, from the

Commencement Date to the date of the end of the Defects Liability period, if there is one, or otherwise to the

issue of the Certificate of Completion for a limit of indemnity stated in the Contract Data;

provided that the insurance shall include a cross-liability clause such that the insurance shall apply to the

Contractor and to the Employer as separate insured parties.

8.6.1.4 If ground support insurance is stipulated in the Contract Data, or the Contractor’s design or method of

construction for carrying out the Works involves the risk of removal of, or interference with support to adjoining

properties including land or structures, or any structures to be altered or added to, the Contractor shall effect

and maintain insurance against the death or injury to persons, or damage to such property consequent on such

removal or interference with support, until such portion of the Works has been completed.

8.6.1.5 Such other additional or varied insurances as are stated in the Contract Data.




8.6.2 The Contractor shall be liable for the payment of the deductibles in respect of each claim settlement in

terms of the policies effected by the Contractor.

8.6.3 In respect of subcontractors, the Contractor shall legally be deemed to have complied with the provisions

of the requirements relating to insurance by ensuring that the subcontractors have effected such insurance.

8.6.4 Save as otherwise provided in the Contract, nothing herein contained shall oblige the Contractor to effect

any insurance which is not generally obtainable from a registered insurer in South Africa.

8.6.5 Save as otherwise provided in the Contract Data, the insurances referred to in Clause 8.6.1 shall be

effected with an insurance company registered in South Africa and the terms thereof shall be subject to approval

by the Employer, which approval shall not be unreasonably withheld.

8.6.6 The Contractor shall produce to the Employer’s Agent the policies by which the insurances are effected

and proof of the due payment of all premiums thereunder and of the continuity of the policies for the required

period.

8.6.7 If the Contractor fails to effect and keep in force any of the insurances referred to in Clause 8.6.1, the

Employer may effect and keep in force such insurance and pay such premium or premiums as may be necessary

for that purpose, and the Employer shall be entitled to recover such amounts paid from the Contractor.

9. TERMINATION OF CONTRACT

9.1 Termination of Contract

9.1.1 If during the currency of the Contract, the excepted risks set out in Clause 8.3.1.1 occur in any part of the

world, and if any such event shall materially affect the carrying out, or cost of the Works, the Contractor shall,

unless and until the Contract is terminated in terms of this Clause, endeavor to complete the Works to the best

of his ability; provided that the Employer shall be entitled, at any time after such event, to terminate the Contract

by giving written notice to the Contractor and, upon such notice being given, the Contract shall (save as to the

rights of the parties under this Clause) terminate forthwith but without prejudice to the rights of either party in

respect of any antecedent breach thereof.

9.1.2 If any of the excepted risks set out in Clauses 8.3.1.2 to and including Clause 8.3.1.5 occur, and if any

such event beyond the control of the Contractor shall materially affect carrying out the Works, or the supply of

labour or materials, or physically interfere with access to the Site, or constitute a material risk to persons or

property associated with the Contract, the Contractor shall, unless and until the Contract is terminated in terms

of this Clause, endeavor to complete the Works to the best of his ability; provided that:




9.1.2.1 Either the Employer or the Contractor shall, if such state of affairs continues for a period of at least 20

consecutive working days, or for two or more periods aggregating not less than 40 working days in any period of

six months, be entitled to terminate the Contract by written notice to the other party and, upon such notice

being given, the Contract shall (save as to the rights of the parties under this Clause) terminate forthwith but

without prejudice to the rights of either party in respect of any antecedent breach thereof; or

9.1.2.2 If the Employer shall undertake, in writing, to bear any resultant additional costs involved in continuing

the Works, the Contractor shall not exercise his right to terminate the Contract.

9.1.3 Where the Contract is for alterations and/or additions to an existing structure and such existing structure

is substantially destroyed, the Employer may terminate the Contract.

9.1.4 In the circumstances referred to in Clauses 9.1.1, 9.1.2 or 9.1.3, and whether or not the Contract is

terminated under the provisions of this Clause, the Contractor shall be entitled to payment of any increased cost

of or incidental to carrying out the Works which is specifically attributable to, or consequent upon the

circumstances defined in Clauses 9.1.1, 9.1.3; provided that the Contractor shall, as soon as any such increase in

Cost comes to his knowledge, at least within 14 days after becoming aware of such increase in Cost, notify the

Employer’s Agent thereof, in writing. The provisions of Clause 6.4 shall then apply, with the necessary changes.

9.1.5 If the Contract is terminated on any account in terms of this Clause, the Contractor shall be paid by the

Employer (in as far as such amounts or items have not already been covered by payments on account made to

the Contractor) for all measured work carried out prior to the date of termination, the amount (without

retention), payable in terms of the Contract and, in addition:

9.1.5.1 The amounts payable in respect of any General Items for the work or service comprised therein

that has been carried out or performed and for work and servicing that has been partially carried out or

performed, a proper proportion, as certified by the Employer’s Agent, of the General Items.

9.1.5.2 The cost of Plant, materials or goods reasonably ordered for the Works which shall have been delivered

to the Contractor, or of which the Contractor is legally liable to accept delivery (such Plant, materials or goods

becoming the property of the Employer upon such payment by him),

9.1.5.3 A sum to be certified by the Employer’s Agent as being the amount of any expenditure reasonably

incurred by the Contractor in the expectation of completing the whole of the Works, in as far as such expenditure

shall not have been covered by the payments previously referred to in Clause 9.1.5,

9.1.5.4 The expense of removal from the Site of Construction Equipment and Temporary Works as are on the

Site at the date of termination, and

9.1.5.5 Any additional sum payable under the provisions of Clause 9.1.4.

9.1.6 The provisions of this Clause shall, in the circumstances described in Clause 9.1.1, 9.1.2 and 9.1.3 apply

notwithstanding anything to the contrary contained elsewhere in the Contract.




9.2 Termination by Employer

9.2.1 If:

9.2.1.1 Application is made for the sequestration of the Contractor’s estate, or if the Contractor publishes a

notice of surrender of his estate, or presents a petition for the acceptance of the surrender of his estate as

insolvent, or (being a company or close corporation) goes into liquidation, whether provisionally or finally (other

than a voluntary liquidation for the purpose of amalgamation or reconstruction),

9.2.1.2 The Contractor makes a compromise with his creditors, or assigns in favour of his creditors, or agrees to

carry out the Contract under the supervision of a committee representing his creditors, or if the Contractor

assigns the Contract without having first obtained the Employer’s written consent, or if execution is levied on his

goods, or

9.2.1.3 After giving effect to Clause 3.2.2, the Employer’s Agent certifies, in writing, to the Employer and to the

Contractor, with specific reference to this Clause, that the Contractor:

9.2.1.3.1 He abandoned the Contract; or

9.2.1.3.2 Has failed, in terms of Clause 5.3.2, to submit documentation in time, or to submit acceptable

documentation; or

9.2.1.3.3 Has failed to commence the Works in terms of Clause 5.3 hereof, or has suspended the progress

of the Works (other than in terms of Clause 5.11.1) for fourteen (14) consecutive days after receiving from the

Employer’s Agent written notice to proceed; or

9.2.1.3.4 Has failed to proceed with the Works in accordance with the approved programme, or in the

absence of an approved programme, in the Employer’s Agent’s opinion; or

9.2.1.3.5 Has failed to remove Plant or materials from the Site, or to demolish and redo work, within

fourteen (14) days after receiving from the Employer’s Agent written notice that the said Plant, materials or work

have been condemned and rejected by the Employer’s Agent in terms of these conditions; or

9.2.1.3.6 Is not carrying out the Works in accordance with the Contract, or is neglecting to carry out his

obligations under the Contract; or

9.2.1.3.7 Anyone, on his behalf has paid, offered, or offer as payment, to any person in the employ of the

Employer or to the Employer’s Agent, or any person in the employ of the Employer’s Agent, a gratuity or reward

or commission; or

9.2.1.3.8 Has furnished inaccurate information in the returnable documents completed at tender stage

and forming part of the Contract; then the Employer may, after giving fourteen (14) days written notice to the

Contractor, (with specific reference to this Clause) to remedy the default, terminate the Contract and order the




Contractor to vacate the Site and hand it over to the Employer. The Employer may then enter the Site and the

Works and expel the Contractor therefrom without thereby affecting the rights and powers conferred on the

Employer or the Employer’s Agent by the Contract. The Employer may complete the Works himself, or may

employ another contractor to complete the Works, and the Employer, or such other contractor, may use for such

completion as much of the Construction Equipment, Temporary Works and materials brought onto the Site by

the Contractor as the Employer may think proper. If, Clause 9.2.1.1 is not applicable, the Employer may at any

time sell any of the said Construction Equipment. Temporary Works and unused materials and apply the

proceeds of sale towards payment of any sums that may be due or become due to the Employer by the

Contractor under the Contract. In such circumstances, the Contractor shall forthwith vacate the Site and shall not

be entitled to remain on the Site based on a right of retention until amounts due to him have been paid and

neither will the Contractor be entitled to any further payments in terms of this Contract.

9.2.2 Should the amounts the Employer must pay to complete the Works exceed the sum that would have

been payable to the Contractor on due completion by him, the Contractor shall, upon demand, pay to the

Employer the difference. This sum shall be deemed a debt due by the Contractor to the Employer and shall be

recoverable accordingly; provided that, should the Contractor on demand not pay the amount of such excess to

the Employer, such sum may be determined and deducted by the Employer from any sum due to or that may

become due to the Contractor under this or any previous or subsequent contract between the Contractor and

the Employer.

9.2.3 If the provisions of Clause 9.2.1.1 apply, any notice or order referred to in this Clause shall be delivered

to the trustee or liquidator, and the rights and obligations vested in, or binding on the Contractor, shall vest in or

be binding on the estate under sequestration or liquidation.

9.3 Termination by Contractor

9.3.1 In the event that the Employer:

9.3.1.1 Has repudiated the Contract; or

9.3.1.2 Has failed to pay the Contractor the amount due in terms of any payment certificate issued by the

Employer’s Agent, within the time of payment provided in the Contract; or

9.3.1.3 Has interfered with or obstructed the issue of any certificate; or

9.3.1.4 Has had his estate sequestrated (provisionally or finally) or, being a company or closed corporation, going

into liquidation (provisionally or finally); or




9.3.1.5 Has assigned the Contract without the written consent of the Contractor; the Contractor may, after

giving fourteen (14) days written notice to the Employer (with specific reference to this Clause) to remedy the

default, terminate the Contract.

9.3.2 Upon such termination:

9.3.2.1 All the provisions of the Contract, including this Clause, shall continue to apply for the purpose of:

9.3.2.1.1 Resolving any dispute, and

9.3.2.1.2 Determining the amounts payable by either the Employer or the Contractor to the other of them.

9.3.2.2 The ownership of Plant and unused materials brought onto the Site by the Contractor, and for which the

Employer has not made any payment, shall revest to the Contractor and he shall, with all reasonable dispatch,

remove from the Site such Plant, materials and all Construction Equipment and Temporary Works, without

prejudice to the exercise of any lien the Contractor may have acquired over the Employer’s property.

9.3.2.3 The Employer shall be under the same obligations to the Contractor with regard to payment as if the

Contract had been terminated under the provisions of Clause 9.1 but, in addition to the payment specified in

Clause 9.1.5, the Employer shall pay to the Contractor the amount of any additional loss or damage to the

Contractor arising out of or in connection with or in consequence of such termination.

9.3.3 Nothing in this Clause shall prejudice the right of the Contractor to exercise, either in lieu of or in

addition to the rights and remedies specified in this Clause, any other rights or remedies to which the Contractor

may be entitled under the Contract or common law.

9.3.4 If the estate of the Employer shall have been sequestrated (provisionally or finally) or if the Employer,

being a company or close corporation, is liquidated (provisionally or finally), any notice referred to in this Clause

shall be delivered to the trustee, or provisional trustee, or the liquidator, or provisional liquidator, and all rights

vesting in or binding on the Employer shall vest in or be binding on the estate under sequestration or liquidation.

10. CLAIMS AND DISPUTES

10.1 Contractor’s claim

10.1.1 The following provisions shall apply to any claim by the Contractor for an extension of time for the

Practical Completion of the Permanent Works in terms of Clause 5.12, or in terms of any Clause that refers to

Clause 10.1 for additional payment or compensation:

10.1.1.1 The Contractor shall, within 28 days after the circumstance event, act or omission giving rise to

such a claim has arisen, or occurred, deliver to the Employer’s Agent a written claim, referring to this Clause and

setting out:




10.1.1.1.1 The particulars of the circumstance, event, act or omission giving rise to the claim concerned,

10.1.1.1.2 The provisions of the Contract on which he bases the claim,

10.1.1.1.3 The length of the extension of time, if any, claimed and the basis of calculation thereof, and

10.1.1.1.4 The amount of money claimed and the basis of calculation thereof.

10.1.1.2 If, by reason of the nature of the circumstances of the claim, the Contractor cannot reasonably

comply with all or any of the provisions of Clause 10.1.1.1 within the said period of 28 days, he shall:

10.1.1.2.1 Within the said period of 28 days notify the Employer’s Agent, in writing, of his intention to make

the claim and comply with such of the requirements of Clause 10.1.1.1 as he reasonably can, and

10.1.1.2.2 As soon as is practicable, comply with such of the requirements of Clause 10.1.1.1 as have not

yet been complied with.

10.1.1.3 If the events or circumstances relating to the claim are of an ongoing nature, the Contractor

shall, in addition to delivering the said notice within 28 days, each month deliver to the Employer’s Agent, in

writing, updated particulars required in terms of Clause 10.1.1.1 and, within 28 days after the end of the events

or circumstances, deliver his final claim.

10.1.2 If, in respect of any claim, the Contractor did not comply with the provisions of Clause 10.1.1 because he

was not and could not reasonably have been aware of the implications of the facts or circumstances concerned,

the period of 28 days referred to in Clause 10.1.1 shall commence to run from the date when he should

reasonably have become so aware. The cost and time of all work done in this regard by the Contractor prior to

giving such notice shall be regarded as covered by the rates and/or prices set out in the Pricing Data and the time

stated in the Contract Data relating in Clause 1.1.1.14.

10.1.3 To properly assess the extent and validity of claims submitted in terms of this Clause, the following

provisions shall apply:

10.1.3.1 All facts and circumstances relating to the claims shall be investigated as and when they occur or

arise. For this purpose, the Contractor shall deliver to the Employer’s Agent, records in a form approved by the

Employer’s Agent, of all the facts and circumstances which the Contractor considers relevant and wishes to rely

upon in support of his claims, including details of all Construction Equipment, labour and materials relevant to

each claim. Such records shall be submitted promptly after the occurrence of the event giving rise to the claim.

10.1.3.2 The Employer’s Agent may record facts and circumstances, additional to those recorded by the

Contractor, he considers relevant and the Contractor shall, for this purpose, supply the Employer’s Agent with all

the information he may require.

10.1.3.3 The Employer’s Agent and the Contractor shall, at the time of recording in terms of Clauses

10.1.3.1 and 10.1.3.2, set out, in writing, signed by each party and delivered to each other, their respective

agreement, or disagreement, with regard to the correctness of the matters recorded.




10.1.3.4 Each record of an agreed fact in terms of Clause 10.1.3.3 shall in any dispute be conclusive

evidence of the fact concerned.

10.1.3.5 For the purpose of this Clause, information arising from a technical investigation, or analysis,

undertaken after the events that gave rise to the claim have occurred, shall not be regarded as facts or

circumstances required to be recorded in terms of this Clause.

10.1.3.6 The Employer, the Employer’s Agent and the Contractor shall not in any proceedings in

accordance with Clauses 10.3 to 10.11 be entitled to give or lead evidence of or rely on any fact or circumstance

not recorded in terms of this Clause, if the other party to the dispute is prejudiced by such non-recording of the

facts.

10.1.4 If, in respect of any claim to which this Clause refers, the Contractor fails to comply with the 28 day

notice period in Clause 10.1.1, as read with Clause 10.1.2, or does not deliver his final claim within 28 days after

the end of the events or circumstances, the Due Completion Data shall not be extended, the Contractor shall not

be entitled to additional payment, and the Employer shall be discharged of all liability in connection with the

claim.

10.1.5 Unless otherwise provided in the Contract, the Employer’s Agent shall, within 28 days after the

Contractor has delivered his claim in terms of Clause 10.1.1 as read with Clause 10.1.2, give effect to Clause 3.2.2

and deliver to the Contractor and the Employer his written and adequately reasoned ruling on the claim

(referring specifically to this Clause). The amount thereof, if any, allowed by the Employer’s Agent shall be

included to the credit of the Contractor in the next payment certificate; provided that:

10.1.5.1 The said period of 28 days may be extended if so agreed between the Contractor and the

Employer’s Agent, and

10.1.5.2 Any amount that has been established to the satisfaction of the Employer’s Agent, before his

ruling on the whole claim, shall be included to the credit of the Contractor in the next payment certificate.

10.2 Dissatisfaction claim

10.2.1 In respect of any matter arising out of or in connection with the Contract, which is not required to be

dealt with in terms of Clause 10.1, the Contractor or the Employer shall have the right to deliver a written

dissatisfaction claim to the Employer’s Agent. This written claim shall be supported by particulars and

substantiated.

10.2.2 If, in respect of any matter arising out of or in connection with the Contract, which is not required to be

dealt with in terms of Clause 10.1, the Contractor or the Employer fails to submit a claim within 28 days after the

cause of dissatisfaction, he shall have no further right to raise any dissatisfaction on such matter.




10.2.3 The Employer’s Agent shall, within 28 days after the Contractor or Employer has delivered the

dissatisfaction claim to him, give effect to Clause 3.2.2 and give his adequately reasoned ruling on the

dissatisfaction, in writing to the Contractor and the Employer, referring specifically to this Clause. The

amount thereof allowed by the Employer’s Agent, if any, shall be included to the credit of the Contractor or the

Employer in the next payment certificate.

10.3 Dispute notice

10.3.1 The Contractor or the Employer, hereinafter referred to as “the parties”, may deliver to the other a

written notice, hereinafter referred to as a “Dispute Notice”, of any dispute arising out of or in connection with

the Contract; provided that:

10.3.1.1 The dispute arises from a rejected claim,

10.3.1.2 Reference shall be made to this Clause in the Dispute Notice,

10.3.1.3 A copy of the Dispute Notice shall be delivered to the Employer’s Agent,

10.3.1.4 The Dispute Notice shall clearly state the nature of the dispute and the extent of the redress

sought, and

10.3.1.5 The Dispute Notice shall be delivered within 28 days of the event giving rise to the dispute.

Failing such delivery, the parties shall have no further right to dispute the matter.

10.3.2 If either party shall have given notice in compliance with Clause 10.3.1, the dispute shall be referred

immediately to adjudication in terms of Clause 10.5, unless amicable settlement is contemplated.

10.3.3 In respect of a ruling given by the Employer’s Agent, and although the parties may have delivered a

Dispute Notice, the ruling shall be in full force and carried into effect unless and until otherwise agreed by both

parties, or in terms of an adjudication decision, an arbitration award or court judgement.

10.4 Amicable settlement

10.4.1 The parties may at any time, without prejudice to any other proceedings, agree to settle any claim or any

dispute amicably with the help of an impartial third party. Amicable settlement may include any settlement

technique as agreed by the parties.

10.4.2 If the other party rejects the invitation to amicable settlement in writing, or does not respond in writing

to the invitation within 14 days, or amicable settlement is unsuccessful, referral to adjudication shall follow

immediately, provided that, if amicable settlement failed subsequent to adjudication, the dispute shall be

resolved by arbitration or court proceedings, whichever is applicable in terms of the Contract.




10.4.3 Amicable settlement shall become final and binding on the parties only to the extent that it is correctly

recorded as being agreed by the parties.

10.4.4 Save for reference to any portion of any settlement, or decision which has been agreed to be final and

binding on the parties, no reference shall be made by or on behalf of either party in any subsequent adjudication,

arbitration or court proceedings, to any outcome of an amicable settlement, or to the fact that any particular

evidence was given, or to any submission, statement or admission made in the course of the amicable

settlement.

10.5 Adjudication

10.5.1 If the Contract Data provides for dispute resolution by a standing Adjudication Board, the Employer,

together with the Contractor, shall, within 56 days of the Commencement Date, appoint the member or

members of the Adjudication Board.

10.5.2 If the Contract Data does not provide for dispute resolution by a standing Adjudication Board, the

dispute shall be referred to ad-hoc adjudication.

10.5.3 The Adjudication Board shall consist of the number of members stated in the Contract Data. It shall be

effected and its proceedings conducted in accordance with the Adjudication Board Rules.

10.5.4 The parties shall implement the Adjudication Board’s decision without delay whether or not the dispute

is to be referred to arbitration or court proceedings. Payment shall be made in accordance with Clause 6.10 in

the payment certificate which becomes due after the date of issue of the decision, unless otherwise directed by

the Adjudication Board.

10.6 Disagreement with Adjudication Board’s decision

10.6.1 Either party shall have the right to disagree with any decision of the Adjudication Board and refer the

matter to arbitration or court proceedings, whichever is applicable in terms of the Contract; provided that:

10.6.1.1 The decision shall be binding on both parties unless and until it is revised by an arbitration award

or court judgement, whichever is applicable in terms of the Contract.

10.6.1.2 A party shall not dispute the validity, or correctness of the whole, or a specified part of the

decision, before 28 days or after 56 days from receipt of the decision. Unless either party shall on or after the

said 28 days, or on or before the said 56 days from receipt of the decision, give written notice to the other party,

referring to this Clause, disputing the validity, or correctness of the whole, or a specified part of the decision, he

shall have no further right to refer such a dispute to arbitration or court proceedings, whichever is applicable in

terms of the Contract.




10.6.2 In the event that a decision of the Adjudication Board was not disputed and a party fails to comply with

the decision, the other party may, without prejudice to any other right he may have, refer the failure to

arbitration or court proceedings, whichever is applicable in terms of the Contract.

10.6.3 If the Adjudication Board fails to give its decision within the time stated in the Adjudication Board Rules,

or otherwise agreed by the parties, either party shall have the right to submit the dispute to arbitration or court

proceedings, whichever is applicable in terms of the Contract, by giving written notice to the other party,

referring to this Clause, within 28 days after the decision should have been given. If either party fails to give such

a notice within the 28 days, the Employer’s Agent’s ruling, or any agreed settlement, shall be final and binding.

10.7 Arbitration

10.7.1 If the Contract Data provides for determination of disputes by arbitration and a dispute is still

unresolved, the matter shall be referred to a single arbitrator. Any such reference shall be regarded as a

submission to the arbitration of a single arbitrator in terms of the Arbitration Act (Act No. 42 of 1965, as

amended) or any legislation passed in substitution therefor.

10.7.2 In the absence of any other agreed procedure, the arbitration shall take place in accordance with the

Rules for the Contract of Arbitrations issued by the Association of Arbitrators (Southern Africa) which is current at

the time of the referral to arbitration.

10.7.3 The arbitrator shall, in his award, set out the facts and the provisions of the Contract on which his award

is based.

10.8 Court proceedings

10.8.1 If the Contract Data does not provide for the settlement of disputes by arbitration, and if a dispute is still

unresolved, the dispute shall be determined by court proceedings.

10.9 Appointment

10.9.1 The dispute resolving person or persons shall be appointed by agreement of the parties. Failing

agreement within seven days of either party delivering a request in writing to agree to such appointment, the

person or persons shall be nominated, on the application of either party, by the President, or his nominee, of the

South African institution of Civil Engineering.




10.10 Common provisions

10.10.1 Nothing herein contained shall deprive the Contractor of the right to institute immediate court

proceedings in respect of failure by the Employer to pay the amount of a payment certificate on its due date, or

to pay any amount of retention money on its due date for payment.

10.10.2 No ruling given by the Employer’s Agent in accordance with the provisions of the Contract shall disqualify

him from being called as a witness and giving evidence before the arbitrator or the court on any matter

whatsoever relevant to the dispute concerned.

10.10.3 The arbitrator and the court shall have full power to open up, review an revise any ruling, decision, order,

instruction, certificate or valuation of the Employer’s Agent and to reconsider any decision by the

Adjudication Board relevant to the matter in dispute, and neither party shall be limited un such proceedings

before such arbitrator or court to the evidence or arguments put before the Employer’s Agent for the purpose of

obtaining his ruling, or the Adjudication Board for the purpose of obtaining a decision.

10.11 Continuing validity

10.11.1 Clauses 10.1 to 10.11 are a separate, divisible agreement from the rest of the Contract and shall remain

valid and applicable notwithstanding that the Works may have been completed, or that the rest of the contract

may be void or voidable, or may have been terminated for any reason.




PART C1

AGREEMENTS AND CONTRACT DATA

C1.2 Contract Data

Annexure A: Proforma Form of Guarantee (for execution of contract)


Pro-forma



MHLATHUZE WATER

CONTRACT No. MW/??/2017

NSEZI NEW RESERVOIR TIE-INS AND ADDITIONAL WORK To be supplied on the official letterhead of "The Bank/Company”

DEMAND GUARANTEE FOR EXECUTION OF CONTRACT

Whereas MHLATHUZE WATER (hereinafter called "the Employer")

has awarded for the (hereinafter called "the Contract")

to:_______________________________________________________________________________(hereinafter called "the Contractor")

we, the undersigned___________________________ and ___________________________(Name) (Name)acting herein as

___________________________ and ___________________________(Position) (Position)

of ________________________________(herein after called "the Bank/Company")

and being duly authorised to sign and incur obligations in the name of the Bank/Company, hereby irrevocably and unconditionally guarantee and undertake on behalf of the Bank/Company that:

1.0 The Bank/Company shall:1.1 pay within 14 (Fourteen) days to the Employer on receipt of its first written

demand in respect of any particular amount and without proof of any breach of Contract by the Contractor other than the certificate specified in 1.2 below, amounts in total not exceeding:

R………………………(contract price)……………………..…………(contract price in words) (Amount to be equal to 10 per cent of the Contract Price at the time that the Agreement comes into effect).hereinafter referred to as the "guaranteed amount"

CONTRACT MW/??/2017 Page 187

Pro-forma



1.2 make such payment(s) to the Employer upon receipt by the Bank/Company of a certificate signed by the Employer’s Agent appointed in terms of the Contract stating that, in his opinion, the

Employer is entitled in terms of the Contract to call on the Bank/Company to make payment and stating the amount which, in the Employer’s Agent opinion, is a reasonable estimate of the amount which the Employer is entitled to recover from the Bank/Company under this Guarantee;

1.3 make such payment(s) to the Employer at any address designated by the Employer for this purpose.

2.0 The demand for payment together with this Guarantee shall constitute `prima facie' proof of the Bank/Company's indebtedness hereunder for the purpose of any proceedings, including but not limited to, summary judgement or provisional sentence proceedings instituted against the Bank/Company in any court of law having jurisdiction.

3.0 Neither the failure of the Employer to enforce strict or substantial compliance by the Contractor of its obligations under the Contract, nor any act, conduct or omission by the Employer prejudicial to the interest of the Bank/Company, will discharge the Bank/Company from liability under this Guarantee.

4.0 This Guarantee shall: 4.1 remain in full force and effect up to and including the date of issue of the

Certificate of Completion for the whole or the final portion of the Works by the Employer Agent, as provided for in the Conditions of Contract, unless the Bank/Company is advised in writing by the Employer of his intention to institute claims, and the particulars thereof, in which event this security shall remain in full force and effect until all such claims have been paid or liquidated.

4.2 exist independently of the Contract or any amendment, variation or innovation thereof;

4.3 not be ceded or assigned by the Employer or otherwise dealt with in any manner whatsoever which has or may have the effect of transferring, encumbering or alienating the Employer's rights hereunder;

4.4 be governed by the Law of the Republic of South Africa.

5.0 The Bank/Company irrevocably states that there are no provisions herein contained which could be construed as being un-businesslike, improper, unconscionable, oppressive, unreasonable, objectionable, onerous and/or `Contra bono mores'.


Pro-forma



6.0 The Bank/Company hereby irrevocably consents and submits to the jurisdiction of the High Court of South Africa, Witwatersrand Local Division for all matters relating to this Guarantee.

7.0 The Bank/Company hereby elects it’s physical address as set out on the face of this Guarantee for purposes of notices and correspondence to be given in terms hereof and it elects it’s physical address

as it’s domiciliumcitandi et executandi. Any notice sent in terms of this agreement will be sent by prepaid registered post under which circumstances the notice will be deemed to have been received by the Bank/Company 3 (three) days from the date of such registration, or alternatively by delivery, and will be deemed to have been received by such other party on date of delivery by hand.

Signed on this ___________________________day of ____________________200_______

at ___________________________(place)

___________________________ ___________________________Signature Signature

As Witnesses:

1. ___________________________ ___________________________Signature Name

__________________________

__________________________(Address)

2. ___________________________ ___________________________Signature Name

__________________________

__________________________(Address)




PART C1


C1.2 Contract Data

Annexure B: Form of Agreement(Contract Agreement)




MHLATHUZE WATER



(The Contract)CONTRACT AGREEMENT

Employer: MHLATHUZE WATER Contractor: cnr Battery Bank and South Central Arterial, Richards Bay, 3900

WHEREAS

1. The Employer is desirous that the Works included in the Contract should be supplied, delivered, constructed, completed and maintained by the Contractor; the Parties and the Contract being as defined above; and

2. The Employer has accepted a tender by the Contractor for such supply, delivery, construction, completion and maintenance of the Works.

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Contract Data that are referred to below.

2. All the documents that are listed in the SCHEDULE OF DOCUMENTS (Section 1 of Volume 1 of the tender and contract documents) shall be deemed to form and to be read and to be construed as part of this Agreement.

3. In consideration of the payments that will be made by the Employer to the Supply Contractor for completed work as hereinafter mentioned, the Contractor covenants with the Employer to supply and deliver the Goods and other things in conformity in all respects with the provisions of the Contract.

4. The Employer hereby covenants to pay to the Contractor, in consideration of the supply and delivery of the Goods and other things, the Contract Price at the times and in the manner prescribed by the Contract.




IN WITNESS whereof the Parties described above have set their hands and seals (if any) in the presence of the subscribing witnesses:

Employer:Name :

Capacity:

Date : Signature

Witness No 1:Name :

Capacity:

Date : Signature

Witness No 2:Name :

Capacity:

Date : Signature

Contractor:Name :

Capacity:

Date : Signature

Witness No 1:Name :

Capacity:

Date : Signature

Witness No 2:Name :

Capacity:

Date : Signature




PART C1


C1.2 Contract Data

Annexure C: Health and Safety Agreement




MHLATHUZE WATER

WRITTEN AGREEMENT ONOCCUPATIONAL HEALTH AND SAFETY

In accordance with the provisions of Section 37(2) of the Occupational Healthand Safety Act 85 of 1993 entered into and between

MHLATHUZE WATER

(hereinafter referred to as “the Employer”)and

……………………………………………..………………………….

(hereinafter referred to as “the Mandatory”)

………………………………………….………..………………….

COID Registration Number ………………………..………………

Whereas the Employer has entered into a contract and / or Purchase order with the Mandatory, in terms of which the Mandatory is to perform certain work and services for and on behalf of the Employer, subject to terms and conditions as contained in such contract and / or Purchase Order.

The parties have agreed that in respect of performance of the work the Mandatory shall be responsible for compliance with the Occupational Health and Safety Act and its regulations. The Employer and Mandatory accordingly enter in to this Agreement in terms of Section 37(2) of the OHS Act, the terms and conditions of which are set out hereunder.

1. DefinitionsUnless inconsistent with the context, the expressions set forth below shall bear the following meanings:1.1 Expressions which denote:

1.1.1 any gender shall include the other genders1.1.2 a natural person shall include a juristic person and vice versa1.1.3 the singular shall include the plural and vice versa

1.2 Agreement shall mean this document containing its terms and conditions as applicable to the parties thereto;

1.3 Employer shall mean the party as described on the face of this document;




1.4 Employees shall mean all Employees, servants, contractors, sub-contractors, agents, invitees and the like of the Mandatory;

1.5 Mandatory shall mean the party as described on the face of this document

1.6 OHS Act shall mean the Occupational Health and Safety Act 85 of 1993, as amended, together with all regulations thereto;

1.7 Premises shall mean all such Premises of the Employer, where the Mandatory and Employees perform work or render a service for and on behalf of the Employer

1.8 Parties shall mean the Employer and the Mandatory

1.9 PPE shall mean the personal protective equipment

2. WARRANTY OF COMPLIANCE

2.1 The Mandatory acknowledges that this Agreement constitutes an agreement in terms of Section 37(2) of the OHS Act, whereby all responsibility for health and safety matters relating to the work that the Mandatory and the Employees are to perform on the Premises shall be the obligation of the Mandatory;

2.2 The Mandatory hereby undertakes to ensure that the health and safety of any other person on the premises is not endangered by the conduct and / or activities of the Employees whilst they are on the Premises;

2.3 By entering into this agreement the Mandatory warrants that he is familiar with working conditions and agrees to the arrangements and procedures, as prescribed by the Employer and as provided for in terms of Section 37(2) of the OHS Act, for the purpose of compliance with the OHS Act;

2.4 The Mandatory shall also ensure that he complies with all relevant Labour Legislations including the Basic Conditions of Employment Act, the Labour Relations Act and any specific wage determination specific to his business activity.

3. MANDATORY AN EMPLOYER

The Mandatory shall be deemed to be the employer on his right whilst on Employer’s Premises. In terms of Section 16(1) of the OHS Act the Mandatory shall accordingly ensure that the requirements of the OHS Act are complied with by himself and / or his Chief Executive Officer.




4. LEGAL APPOINTMENTS

4.1 The Mandatory undertakes to make all statutory appointments as per the requirements of the OHS Act, in particular, 16(2) assignee and / or Construction Regulation 6(1);

4.2 The Mandatory warrants that all appointed persons are trained to understand their roles in terms of the OHS Act. The Mandatory shall further ensure that employees receive basic safety training to understand the hazards and risks associated with their work;

4.3 The Mandatory shall ensure that all work performed for and / or on behalf of the employer is performed under general supervision of a competent person who has been appointed in writing. Such appointed person shall be vested with full authority to strictly enforce the law.

5. ACCESS TO THE OHS-ACTThe mandatory shall ensure that his appointed responsible person has an updated copy of the OHS Act. The copy should be produce to the Employer’s representative at all times if so required.

6. SAFETY FILE

The Mandatory shall ensure that a health and safety file is opened and kept on the premises, which shall include all documentation required in terms of the provisions of the OHS Act, including but not limited to:

1) The COID certificate2) Public liability cover3) Safety Plans4) Risk assessments and Safe work procedures5) Names of responsible persons and their appointment letters6) List of sub-contractors if any

7. MEDICAL EXAMINATIONSThe Mandatory shall ensure that all the Employees undergo routine medical examinations where these are necessary in terms of the working environment and that they are medically fit for the purposes of the work they are to perform.

8. INCIDENT REPORTING AND INVESTIGATIONAll incidents referred to in Section 24 of the OHS Act shall be reported by the Mandatory to the Department of Labour and to the Employer. The Employer shall further be provided with copies of any written documentation relating to any incident.







9. PERSONAL PROTECTIVE EQUIPMENTThe Mandatory shall ensure that his responsible persons and the Employees are provided, free of charge, with adequate personal protective equipment (PPE) for the work they are required to perform. The PPE to be supplied should be in accordance with General Safety Regulation 2(1) of the OHS Act. The Mandatory shall ensure that his employees wear the PPE supplied to them at all times.

10.INTOXICATION NOT ALLOWEDNo intoxicating substance of any form is allowed on the Premises. Any person suspected to be under influence of intoxicating substance shall not be allowed on site. Any person with prescribed medication shall notify the relevant responsible person and also advise him of the potential side effects.

11.FIRST AID AND EMERGENCY EQUIPMENT

11.1 The Mandatory shall ensure that, where more than five employees are employed at the Premises, a first aid box is made readily available as per General Safety Regulation 3(2). If the Mandatory employs more than 10 employees the Mandatory shall ensure that a certificated first aid provider is available. Provided that the Mandatory may enter into a written arrangement with the Employer for the provision of such first aid facilities.

11. 2 The Mandatory shall further ensure that there is adequate supply of fire protection and emergency equipment, and employees are made familiar with fire precautions. at the Premises, which include fire alarm signals and emergency exits and that such precautions are adhered to.

12.PLANT, MACHINERY AND EQUIPMENT

12.1 The Mandatory shall ensure that all the plant, machinery, equipment and/or vehicles he may wish to utilize on the Premises is/are at all times of sound order and fit for the purpose for which it is intended, and that it complies with the requirements of Section 10 of the OHS Act.

12.2 In accordance with the provision of Section 10(4) of the OHS Act, theMandatory hereby assumes the liability, for taking the necessary steps to ensure that any article or substance that is erected or installed at the Premises, or manufactured, sold or supplied to or for the Employer, and which the Mandatory uses at work complies with all the prescribed requirements and will be safe and without risk to health when properly used.

13.NO USAGE OF THE EMPLOYER’S EQUIPMENT

The Mandatory hereby acknowledges that the Employees shall not be permitted to use any materials, machinery or equipment of the Employer unless the prior written consent of the employer has been obtained, in which case, the Mandatory shall ensure that only those persons authorized to make use of the same, have access thereto.




14.INDEMNITY BY MANDATORY

Notwithstanding the provisions of this Agreement, or any other contractual relationship as between the Employer and the Mandatory:

14.1 The Employer shall not be responsible for any loss, damage, injury or death, howsoever caused, to the Mandatory or to the Employees, and the Mandatory hereby indemnifies the Employer and holds the Employer harmless against all and any claims, losses, demands, liability, costs and expenses of whatsoever nature, which the Employer may, at any time sustain or incur arising out of the circumstances referred to herein; provided that such loss, damage, injury or death is not caused by the willful action or omission or gross negligence of the Employer

14.2 The Mandatory hereby assumes liability for any loss or damage which is caused by the Mandatory’s negligence, or through the negligence of any of the Employees, and the Mandatory hereby indemnifies the Employer for such loss or damage, whether caused by the Mandatory’s breach of any of the terms of this Agreement, or by delict.

14.3 The Mandatory in pursuance of clause 14 undertakes to ensure that he carries the appropriate insurance cover, including third party public liability cover, the details of which shall be furnished to the Employer on demand.

15.CLARIFICATIONIn the event that the Mandatory requires clarification of any of the terms or provisions of this Agreement, it should contact the appropriate and designated representative of the Employer, whose clarification in terms hereof shall be in writing.

16.DURATION OF AGREEMENTThis Agreement shall remain in force for any work performed by the Mandatoryand/or any of his Employees at the Employer’s premises.

17.HEADINGSThe headings as contained in this Agreement are for reference purposes only, and shall not be construed as having interpretative value in them, nor any indication as to the meaning of the contents of the paragraphs contained in this Agreement.




SIGNED AT ON THE DAY OF YEAR _______

Name: Signature: _______ Name & Surname for and on behalf of the Employer

he being duly authorised

SIGNED AT ON THE DAY OF YEAR __________

Name : Signature : Name & Surname for and on behalf of the Mandatory

he being duly authorised

NB: Please ensure that each person signing this Agreement initials all pages.




PART C1


C1.2 Contract Data

Annexure D: Adjudicator’s Agreement




MHLATHUZE WATER



ADJUDICATOR'S AGREEMENT

This agreement is made on the.......................day of ...........……...........................……..... 20........................ between the Employer:(name of company / organisation) ……………………………………………………………………………………………….. of (address) ……………………………………………………………………………………………………………………………….. and the Contractor: (name of company / organisation) ………………………………………………………………….. of (address) ……………………………………………………………………………………………………………………………….. (hereinafter called the Parties)and(name) of ………………………………………………………………………………………………………………………………….. (address) ……………………………………………………………………………………………………………………………………(hereinafter called the Adjudicator

Disputes or differences may arise/have arisen* between the Parties under Contract No ...….……........... for (contract title) ………………………………………………………………………..and these disputes or differences shall be/have been* referred to adjudication in accordance with the CIDB Adjudication Procedure, (hereinafter called "the Procedure") and the Adjudicator may be or has been requested to act.(* Delete as necessary)

IT IS NOW AGREED as follows:1.The rights and obligations of the Adjudicator and the Parties shall be as set out in the

Procedure.2.The Adjudicator hereby accepts the appointment and agrees to conduct the

adjudication in accordance with the Procedure.3.The Parties bind themselves jointly and severally to pay the Adjudicator's fees and

expenses in accordance with the Procedure as set out in the Contract Data.4.The Parties and the Adjudicator shall at all times maintain the confidentiality of the




adjudication and shall endeavour to ensure that anyone acting on their behalf or through them will do likewise, save with the consent of the other Parties which consent shall not be unreasonably refused.

5.The Adjudicator shall inform the Parties if it intends to destroy the documents which have been sent to it in relation to the adjudication and it shall retain documents for a further period at the request of either Party.

SIGNED by:

(Signature): ........................(Signature): ..........................(Signature): ........................

Name:.................................Name:...................................Name: ................................

who warrants that he/ she is duly authorized to sign for and on behalf of the First Party in and on behalf of the presence of

who warrants that he/ she is duly authorized to sign for and on behalf of the Second Party presence of

The Adjudicator in the presence of

Witness: Witness: Witness:(Signature): ........................(Signature): ..........................(Signature): ............................

Name:.................................Name:...................................Name: ....................................

Address:..............................Address:................................Address: ..................................

Date:……………………………….. Date:………………………….……………..Date: ……………………………..………..




PART C2 PRICING DATA

C2.1 Pricing Data




C2.1: PRICING INSTRUCTIONS1. The Conditions of Contract, the Contract Data, and the Scope of Work (including the Project

Specifications) shall be read in conjunction with the Schedule of Activities and SANS 1200 – clause 8 as the basis for measurement.

2. The Schedule of Quantities forms part of the contract documents and must be read in conjunction with all the other documents comprising the contract documents.

3. The Bill comprises items covering the Contractor's profit and costs of general liabilities and of the construction of Temporary and Permanent Works.

4. All prices or rates inserted in the Bill shall be EXCLUDING VAT. Provision has been made on the Summary Page, of the Bill, for the addition of VAT.

5. Although the Tenderer is at liberty to insert a rate of his own choosing for each item in the Bill, he should note the fact that the Contractor is entitled, under various circumstances, to payment for additional work carried out and that the Employer’s Agent is obliged to base his assessment of the rates to be paid for such additional work on the rates the Contractor inserted in the Bill.

6. Clause 8 of each Standardized Specification, and the measurement and payment clause of each Particular Specification, read together with the relevant clauses of the Project Specifications, all set out which ancillary or associated activities are included in the rates for the specified operations. Although the Tenderer is at liberty to insert a rate of his own choosing for each item in the Schedule of Activities, he/she should note the fact that the Supplier is entitled, under various circumstances, to payment for additional work carried out and that the Employer is obliged to base his assessment of the rates to be paid for such additional work on the rates the Supplier inserted in the Schedule of Activities.

7. Descriptions in the Schedule of Quantities are abbreviated and may differ from those in the Standardized and Project Specifications. No consideration will be given to any claim by the Supplier submitted on such a basis.

8. The amounts and rates to be inserted in the Schedule of Activities shall be the full inclusive amounts to the Employer for the work described under the several items. Such amounts shall cover all the costs and expenses that may be required in and for the construction of the work described, and shall cover the costs of all general risks, profits, taxes (but excluding value-added tax), liabilities and obligations set forth or implied in the documents on which the Tender is based.

9. An amount or rate shall be entered against each item in the Schedule of Quantities, whether or not quantities are stated. An item against which no price is entered or where a word or phrase such as “included” or “provided elsewhere” will be accepted as a rate of nil (R0,00) having been entered against such items and shall be considered to be covered by other prices or rates in the Bill. Any work executed to which such a pay item applies shall be measured under the appropriate items in the Schedule/Bills of Quantities and valued at the rate of nil (R0,00). The rate of nil shall be valid irrespective of any change in the quantities during the execution of the Contract.

10. An item against which the words “included” is inserted in lieu of a numerical value will be considered to be covered by the other amounts or rates in the Schedule subject to the following:

a. Where the word “included” is used then this must be supplemented by supplying the Item Number/s in which the rate in question is included. Where this information is not provided it will be taken that the tendered rate is “nil”.

b. The Tenderer shall also fill in a rate against the items where the words "rate only" appear in the amount column. Although no work is foreseen under these items and no quantities




are consequently given in the quantity column, the tendered rates shall apply should work under these items actually be required.

c. Any time related item may only be included in another time related item.

d. Any fixed cost related item may only be included in another fixed cost related item.

11. Tenderers shall enter the rates and amounts in the Bills of Quantities by hand in non-erasable BLACK ink. Any alterations or corrections shall be made by drawing a line through the incorrect entry and the correct entry shall be written above in black ink and the full signature of the Tenderer shall be placed next to the correction. Correction fluid shall not be used to make alterations and if used will be grounds for rejection of the tender.

12. The tendered rates, prices and sums shall, subject only to the provisions of the Conditions of Contract, remain valid irrespective of any change in the quantities during the execution of the Contract.

13. The quantities of work as measured and accepted and certified for payment in accordance with the Conditions of Contract, and not the quantities stated in the Schedule of Quantities, will be used to determine payments to the Contractor. The validity of the Contract shall in no way be affected by differences between the quantities in the Schedule of Quantities and the activities certified for payment.

14. Ordering of materials is not to be based on the Bill of Quantities, but only on information issued for construction purposes.

15. Unless otherwise stated, items are measured nett in accordance with the drawings, and no allowance is made for waste.

16. All items must be priced. A tender will be rejected if only a total for a section is given but no individual items are priced.

17. All rates and sums of money quoted in the Bill shall be in Rands and whole cents. Fractions of a cent shall be discarded.

18. Where any quantity is denoted “Provisional Quantity”, its use and measurement shall be as per that of “Provisional Sum” as defined in Clause 6.6 of the General Conditions of Contract for Construction Works.

19. Arithmetical errors of responsive tenderers will be corrected in the following manner:

Where there is a discrepancy between an amount shown in figures, and the corresponding amount stated in words, the amount stated in words shall take preference.

In the Bill, if there is an error in the line item total resulting from the product of the quantity and the unit rate, the line item total shall govern, and the rate shall be corrected. Where there is a misplacement of the decimal point in the unit rate, the line item total shall govern and the unit rate will be corrected.

Where there is an error in the total of the prices either as a result of other corrections required by this checking process or in the tenderer’s addition of prices, the total of the prices shall govern and the tenderer will be asked to revise selected item prices (and their rates in the Bill) to achieve the tendered total of the prices.

A tender may be disqualified if the unit rates or lump sums for some of the items in the Bill are, in the opinion of the Employer, unreasonable or out of proportion, and, if the




tenderer should be unwilling to make the corrections ordered within a period of seven (7) days of having been notified in writing by the Employer for such items.

20. For the purposes of this Schedule of Activities, the following words shall have the meanings hereby assigned to them:

Unit : The unit of measurement for each item of work as defined in the Standardized, Project or Particular Specifications

Quantity : The number of units of work for each itemRate : The payment per unit of work at which the Tenderer tenders to do the workAmount : The quantity of an item multiplied by the tendered rate of the (same) itemSum : An amount tendered for an item, the extent of which is described in the

Schedule of Activities, the Specifications or elsewhere, but of which the quantity of work is not measured in units

21. The units of measurement indicated in the Schedule of Quantities are metric units. The following abbreviations may appear in the Schedule of Activities:

hrs = hoursmm = millimetrem = metre km = kilometre km-pass = kilometre-passm² = square metre m²-pass = square metre-passha = hectarem³ = cubic metrem³-km = cubic metre-kilometrekW = kilowattkN = kilo-newtonkg = kilogramt = ton (1 000 kg)% = per centMN = mega-newtonMN-m = meganewton-metrePC Sum = Prime Cost SumProv Sum = Provisional Sum

- END OF SECTION -




PART C2 PRICING DATA

C2.2 Schedule of Quantities




ITEM No PAY REF. DESCRIPTION UNIT QUANTITY RATE AMOUNTSECTION A : PRELIMINARY AND GENERAL

1.1 SANS 1200A FIXED-CHARGE ITEMS1.1.1 8.3.1 Contractual Requirements (Main Contractor) Sum 1

8.3.2 Establishment of Facilities on Site:Facilities for the Engineer

1.1.2 a) Furnished Office and Conference Room Sum 1 1.1.3 c) Nameboards (2 No.) Sum 1 1.1.4 d) Carports Sum 1

Sum 1 Facilities for the Contractor

1.1.5 a) Offices and Storage sheds Sum 1 1.1.6 b) Workshops Sum 1 1.1.7 c) Laboratories Sum 1 1.1.8 e) Ablution and latrine facilities Sum 1 1.1.9 f) Tools and Equipment Sum 1 1.1.10 g) Water supplies, electrical power and communication Sum 1 1.1.11 h) Dealing with Water Sum 1 1.1.12 i) Access Sum 1

j) Plant (Contractor to specify)1.1.13 1) ................................... Sum 1 1.1.14 2)................................... Sum 1

1.1.15 8.3.3 Other Fixed-Charge Obligations Sum 1

1.1.16 8.3.4 Removal of Site Establishment Sum 1

1.2 8.4 TIME-RELATED ITEMS 1.2.1 8.4.1 Contractual Requirements (Duration - 3 Months) Sum 1

Operate and Maintain Facilities on Site for the Duration of Construction:

Facilities for the Engineer1.2.2 a) Furnished Office and Conference Room Sum 1 1.2.3 c) Nameboards (2 No.) Sum 1 1.2.4 d) Survey assistance and materials Sum 1 1.2.5 e) Carports Sum 1

Facilities for the Contractor1.2.6 a) Offices and Storage sheds Sum 1 1.2.7 b) Workshops Sum 1 1.2.8 c) Laboratories Sum 1 1.2.9 e) Ablution and latrine facilities Sum 1 1.2.10 f) Tools and Equipment Sum 1 1.2.11 g) Water supplies, electrical power and communication Sum 1 1.2.12 h) Dealing with water Sum 1 1.2.13 i) Access Sum 1

j) Plant (Contractor to specify)1.2.14 1).................................. Sum 1 1.2.15 2).................................. Sum 1 1.2.16 8.4.3 Supervision for Duration of Construction (Main Contractor) Sum 1

1.2.17 8.4.4 Company and Head Office Overhead Costs for the Duration of the Contract

Sum 1

1.2.18 8.4.5 Other Time-Related Obligations Sum 1

1.2.19 PSA 8.4.6 Full compliance with Health and Safety Specification for the duration of the Contract and as per particular specification.

Sum 1

1.2.20 PSA 8.4.7 Full compliance with Environmental Management Specification for the duration of the Contract as per particular specification

Sum 1

SUBTOTAL CARRIED FORWARD



NSEZI NEW RESERVOIR TIE-INS AND ADDITIONAL WORKITEM No PAY REF. DESCRIPTION UNIT QUANTITY RATE AMOUNT

1.3 8.5 PROVISIONAL SUMS1.3.1 Allowance for acceptance control testing ordered by the Engineer Prov Sum 1 50 000 50 000 1.3.2 Overheads, charges and profit on item 1.3.1 above % 50 000 1.3.3 Fees for adjudicator Prov Sum 1 100 000 100 000 1.3.4 Overheads, charges and profit on item 1.3.3 above % 100 000 1.3.5 Environmental rehabilitation by Selected Sub Contractor Prov Sum 1 20 000 20 000 1.3.6 Overheads, charges and profit on item 1.3.5 above % 20 000 1.3.7 Allowance for relocation of services Prov Sum 1 10 000 10 000 1.3.8 Overheads, charges and profit on item 1.3.7 above % 10 000 1.3.9 Allowance for Cathodic Protection system by selected sub-contractor Prov Sum 1 1 000 000 1 000 000 1.3.10 Overheads, charges and profit on item 1.3.9 above % 1 000 000 1.3.11 Allowance for Enviromental Management Compliance Audits Prov Sum 1 20 000 20 000 1.3.12 Overhead, charges and profit for item 1.3.11 above % 20 000 1.3.13 Allowance for Health and Safety Compliance Audits Prov Sum 1 20 000 20 000 1.3.14 Overheads, charges and profit on item 1.3.13 above % 20 000 1.3.15 Allowance for reinstatement or rehabilitation of existing open channel as

order by the EngineerProv Sum

1 50000 50000

1.3.16 Overheads, charges and profit on item 1.3.15 above % 50 000 1.3.17 Allowance for construction of new fence as ordered by the Engineer Prov Sum 1 250 000 250 000 1.3.18 Overheads, charges and profit on item 1.3.17 above % 250 000 1.3.19 Supply and deliver Electrical Actuator to suit existing DN800 PN10 Double

Eccentric Butterfly Valve by selected sub-contractorProv Sum

8 150000 1 200 000

1.3.20 Overheads, charges and profit on item 1.3.21 above % 1 200 000 1.3.21 Engineering of coupling to suit valve shaft, fitment of actuator and gearbox

to valve on site and commissioning, excluding the supply and laying of cables, glands, reducers etc. by selected sub-contractor

Prov Sum8 20000 160000

1.3.22 Overheads, charges and profit on item 1.3.21 above % 160 000 1.3.23 Supply, deliver and install reservoir level control sensors by selected sub-

contractorProv Sum

1 150000 150 000

1.3.24 Overheads, charges and profit on item 1.3.23 above % 150 000 1.3.25 Provision of ISD or Community Liaison Officer Prov Sum 1 30000 30 000 1.3.26 Overheads, charges and profit on item 1.3.25 above % 30 000

1.4.4. PSA 8.8.7 As-built survey Sum 1

SUBTOTAL SECTION A CARRIED FORWARD TO SUMMARY

SUB-TOTAL BROUGHT FORWARD




2.7 8.3.2 Bulk Excavation

2.7.1 a) Excavate in all materials and use for embankments or backfill or dispode of as ordered for reservoir platform. m3 100

b) Extra-over item (a) above for:

2.7.2 i) Intermediate excavation m3 5

2.8 Restricted Excavation

8.3.3 a) Excavate for restricted foundations and footings in all material and use for backfill or embankment or dispose

2.8.1 i) Stockpile or dispose within freehaul distance of 0.5km m3 rate only

2.9 SANS 1200DK Gabions

Construction of Gabion Mattresses where ordered by the Engineer

2.9.1 8.2.1 Surface preparation for bedding of gabions and mattresses m2 rate only

2.9.2 8.2.1 Fill cavities with excavated material compacted to 90% Mod AASHTOm3 rate only

2.9.3 8.2.2 Gabion boxes 3m x 1m x 1m constructed of 2,7mm galvanised wire, mesh size 80x100mm diaphragm spacing 1m. Selvedge 3.4mm, including rock fill

m3rate only

2.9.4 8.2.2 Reno Matress 2m x 1m x 0.3m constructed of 2,7mm galvanised wire, mesh size 80x100mm diaphragm spacing 1m. Selvedge 3.4mm, including rock fill

m3rate only

2.9.5 8.2.4 Geotextile A4/U24 - 210 g/m2 non woven or similar approved. m2 rate only

SUBTOTAL SECTION B CARRIED FORWARD TO SUMMARY





SECTION C: PIPELINE

SANS 1200L MEDIUM - PRESSURE PIPELINES

3.1 PSL 8.2.1 Supply, weld, lay ,bed test and disinfect pipes complete with Grade X42 steel pipe to SANS 719, with coating and lining as specified on drawings and specifications:

3.1.1 1200 NB, 10 mm wall thickness m 1

8.2.2 Extra over PSL 8.2.1 above for the Supplying, Laying, and Bedding of Specials Complete with Couplings:a) 1200 NB Steel Bends-Bevel ended

3.1.2 i) 0 - 10 degree Number rate only3.1.3 ii) 11 - 20 degree Number rate only3.1.4 iii) 21 - 30 degree Number rate only

3.2 8.2.5 Inlet Chamber No.2 Fittings as shown on Drawing No: H346307-0000-50-035-0001-001. All pipework shall be fabricated in accordance with SANS719. All flanges to be fabricated to SANS 1123-Table 2500/3 flat face. Rates shall include all jointing materials, coating, lining, bolts, nuts, washers , gaskets etc.Modification to free issue material

3.2.1 i) verification that fittings are functional and sized correctly for tie-ins sum 1 3.2.2 ii) conversion of flange joint to Viking Johnson coupling sum 1

3.3 8.2.11 Pipeline Markers (Where ordered by the Engineer)Supply and install concrete Pipeline markers as directed by the Engineer, including concrete surround and paint (Provisional):

3.3.1 Concrete 35MPa/13mm No 15

3.4 8.2.12 Pipe encasement: (Provisional)

3.4.1 Class 20Mpa / 19mm concrete for pipe encasement where ordered by the Engineer ( Including formwork ) m3 1

3.5 PSL 8.2.16 Corrosion Protection

3.5.1 Supply all materials and apply external approved pipe wrapping to manufacturers specification. (Measured by surface area of pipe wrapped) m2 10

3.5.2 External protection of flanges, adaptors and valves Number 12

3.6 PSL 8.2.17 Tie-in to Existing Pipeline

3.6.1 1) Tie-in sweeping tee to existing 1200mm line. Number 1

3.6.2 2) Tie-in to Inlet Chamber 2 at existing reservoir. Number 1

3.7 PSL 8.2.18 Pipe Furniture

3.7.1 1) Manufacture, supply and erect/install all hot dip galvanized mild steel pipe support brackets, complete with grout and anchors t 0.5

3.7.2 2) Manufacture, supply and erect/install all stainless steel pipe supports as shown on drawing No. H346307-0000-50-042-0001-001, complete with grout and anchors

t 0.5

SANS 1200 LB BEDDING (PIPES)

3.8 PSLB 8.2.1 Supply of bedding from trench excavations.

3.8.1 a) Selected Granular Material (without the need for screening) m3 5

3.8.2 b) Selected fill material (without the need for screening) m3 10

3.8.3 c) Selected granular material (including screening) m3 rate only





PSLB 8.2.2 Supply of bedding by importation from commercial sources.

3.8.4 a) Selected granular material m3 rate only

3.8.5 b) Selected fill material m3 rate only

3.8.6 PSLB 8.2.6 a) Supply and place in trench bottom, 150mm layer of crushed stone as pipe drainage layer within geofabric material. (Provisional) m3 rate only

3.8.7 PSLB 8.2.6 b) Supply and install Geofabric around stone layer (Provisional)m2 rate only

3.9 SANS 1200 LE STORMWATER DRAINAGE

PSLE 8.2.1 Supply, Lay, Joint, Bed and Test Pipelines

3.9.1 a) 1050mm ND, class 50D m rate only

PSLE 8.2.4 Extra over above for cutting end units:

3.9.2 a) Straight cut Number rate only

3.9.3 b) Skew cut Number rate only

PSLE 8.2.8 Supply and install manholes, catchpits etc.

3.9.4 a) Overflow Chamber (4.5m deep) Number rate only

3.9.5 b) Headwall Number rate only

3.9.6 c) Extra over or under for variation in depth m rate only

3.10 PIPEWORK DISINFECTION

3.10.1 Disinfect newly laid inlet and outlet 1200mm pipework m 450

3.11 MODIFICATIONS

3.11.1 i) remove existing Butterfly Valve and flow control and replace with spool piece in Reservoir 2 inlet chamber sum 1


SUB-TOTAL SECTION C CARRIED FORWARD TO SUMMARY




SECTION D: STRUCTURES

CHAMBERS

4.1 SANS 1200G Formwork

4.1.1 8.2.1 Rough vertical to exposed faces m2 60.0

4.1.2 8.2.2 a) Smooth vertical m2 60.0

4.1.3 8.2.2 b) Smooth horizontal m2 20.0

8.2.5 Formwork to narrow widths up to 300mm wide:

4.1.4 a) Rough Vertical m 21.0

4.1.5 b) Smooth vertical m 24.0

4.1.6 8.2.6 Forming rectangular holes in roof slab up to 250mm thick for manhole frames 925mm x 625mm Number 1.0

PSG 8.2.8 Casting pipework into walls up to 600mm thick. Wrapping of pipe measured elsewhere.

4.1.7 a) DN 1200 - through inlet and outlet chamber walls Number 3.0

4.2 8.4.4 Unformed Surface Finish

4.2.1 a) Wood float to roof slabs m2 36.0

4.2.2 b) Steel float to floors m2 36.0

4.3 8.3 Reinforcement

4.3.1 8.3.1 Mild Steel bars t 0.2

4.3.2 8.3.1 High Tensile Steel bars t 6.0

4.4 8.4 Concrete

4.4.1 8.4.1 Screed - 1:3 Cement/Sand m3 2.0

4.4.2 8.4.2 Blinding layer 15MPa/19mm to min 75mm m2 36.0

8.4.3 Strength Concrete:

4.4.3 Grade 25MPa/19mm Pipe supports m3 0.4

4.4.4 Grade 30MPa/19mm Chamber Floor Slabs m3 11.0

4.4.5 Grade 30MPa/19mm Chamber Walls m3 25.0

4.4.6 Grade 30MPa/19mm Chamber Roof Slabs m3 3.0

4.5 8.6 Manufacture (or Supply) and Erect Precast Elements

4.5.1 a) Pre-cast planks to Inlet Chamber No. 2 roof slab as shown in drawing H346307-0000-50-035-0001-001

Number 13

4.6 Miscellaneous

4.6.1 Supply and fabricate and place in chamber walls Air Vents as per typical detail shown on drawing No. H346307-0000-50-035-0001-001

Number 4

4.6.2 Supply and install polymer manhole cover and frame - including locking mechanism all as per typical detail shown on drawing No. H346307-0000-50-035-0001-001

Number 1





4.6.3 Supply lock and keys above locking mechanism Number 1

4.6.4 Water tightness test to all chambers. Number 1

4.6.5 Chamber identification labels (up to 6 charactars per chamber) stencilled 100mm high in black paint as instructed by the Engineer.

Number 1

Hot Deep Galvanized Mild Steel Access ladders including hand rails to chambers as per detail on drawing H346307-0000-35-041-0001-001 for:

4.6.6 1) Inlet Chamber No. 2 Number 1


SUB-TOTAL SECTION D CARRIED FORWARD TO SUMMARY




PAA SECTION E: DAYWORKS

5.1 Construction Plant

5.1.1 a) Lowbed transport of plant km 400

b) Crane

5.1.2 i) 20 ton or similar Hr 16ii) 10 ton or similar Hr 16

5.1.3 iii) other crane (specify)…………………………………… Hr rate only

d) Front-end loaders 5.1.4 i) (Specify)………………………………………………………... Hr 8

e) Back acting excavators5.1.5 i) (Specify)………………………………………………………. Hr rate only

f) Tractor loader backhoe

5.1.6 i) Tracked excavator Hr 16

5.1.7 ii) TLB Hr 16

g)Trench compactor

5.1.8 i) pedestrian vibrating roller Hr 16

5.1.9 ii) plate compactor Hr rate only

5.1.10 Compressor - 7m3/min Hr 16

5.1.11 Pipe welding machine complete with generator Hr 16

5.1.12 Cutting torch and accessories Hr 16

Trucks

5.1.13 a) 10 T or similar with hoist Hr 16

5.1.14 b) Water Tanker Hr 16

5.2 Labour

5.2.1 Artisan Hr 16

5.2.2 Foreman Hr 16

5.2.3 Unskilled Labourers Hr 80

5.2.4 Skilled Labourers Hr 48

5.3 Materials

5.3.1 Provisional Sum for cost of materials Prov Sum 1 100 000 100 000

5.3.2 Contractor's mark-up on above % 100 000

SUB-TOTAL SECTION E CARRIED FORWARD TO SUMMARY




TOTAL TENDERED

The offered total inclusive of Value Added Tax is:

and in words

SECTION

SECTION A: PRELIMINARY AND GENERAL

SECTION B: EARTHWORKS

SECTION C: PIPELINES

SECTION D: STRUCTURES

SECTION E: DAYWORKS

FINANCIAL SUMMARY

___________________________________________________________________

SUBTOTALPLUS: 10% Contigencies

SUBTOTALPLUS: 14% VATTOTAL TENDER SUM CARRIED FORWARD TO FORM OF OFFER

R_____________________,




PART C3SCOPE OF WORK

C3.1 Description of the WorksC3.2 Engineering C3.3 ConstructionC3.4 ManagementC3.5 Specification Data




C3.1 DESCRIPTION OF THE WORKS C3.1.1 EMPLOYER’S OBJECTIVES

Mhlathuze Water’s objective is to provide reliable potable water to the Mondi Mill. As such, bulk water infrastructure has been upgraded to meet the required system designs.Mhlathuze Water supplies bulk water to the Mondi Mill via a bulk scheme which includes a pump station at Nsezi WTW and a rising main to the existing 20ML Reservoir inside the premises of Nsezi WTW. Mhlathuze Water has identified that an additional storage of 40ML via 2 x 20 ML new reservoirs is necessary and as such the reservoirs with the associated bulk infrastructure has been constructed.The 2 x 20 ML reservoirs need to be connected to the existing 1200mm diameter rising main via an inlet tie-in and then need to feed the existing system via an outlet tie-in into the existing rising main. Both these tie-ins will be before the 1200mm diameter rising main enters the existing 20 ML reservoir.In addition to the two tie-ins, additional ancillary work is required for the newly constructed system to operate efficiently. The newly installed butterfly valves need to be automated via actuators, level sensors installed in each of the new reservoirs, minor modifications to the newly installed pipework configuration, cathodic protection of newly laid 1200mm diameter steel pipe, constructing chamber/s and disinfecting all pipework needs to be completed.

C3.1.2 OVERVIEW OF THE WORKSThe overview of the works includes civil works, building works, electrical works etc.

C3.1.3 EXTENT OF THE WORKSThe extent of the works entails: inlet tie-in outlet tie-in construct inlet chamber 2 on tie-in pipework install actuators to butterfly valves install cathodic protection on all new pipework install level control sensors pipework laying pipework configuration modification disinfection of all new pipework in the new reservoir system




C3.1.4 LOCATION OF THE WORKSThe Waste Water Treatment Works locations are summarised below:

Local Municipality Name of Plant Longitude Latitude

uMhlathuze Nsezi WTW 28º44’58” E 31º58’58” S

C3.2 ENGINEERINGC3.2.1 DESIGN SERVICES AND ACTIVITY MATRIX

Works designed by, per design stage:

Concept, feasibility and overall process Employer’s AgentBasic engineering and detail layout to tender stage Employer’s Agent Final design as approved for construction stage Employer’s AgentApproval of final designs for construction Employer & AgentTemporary works ContractorCompletion of monthly Labour Return Schedule ContractorPreparation of ‘As-built’ drawings Employer’s Agent

C3.2.2 EMPLOYER’S DESIGNPrior to the closing of tenders, the design of the permanent works is the responsibility of the Employer’s Agent / Engineer.

C3.2.3 DESIGN BRIEFThe Contractor is responsible for the design of all temporary works required for the construction of the permanent works to the approval of the Engineer. Note that, although all designs and drawings are subject to the approval of the Engineer, this does not relieve the Contractor of his design responsibility nor accountability. The professional responsibility for such designs shall always remain with the Contractor and his design engineer.

C3.2.4 DRAWINGSC3.2.4.1 Tender Drawings

The drawings listed under Part C6 – List of Tender Drawings are provided in order to give an overview of the project. Any ambiguities shall be clarified by the Tenderer with the Engineer prior to the submission of TendersThe drawings that form part of the tender documents shall be used for tender purposes only.

C3.2.4.2 Construction Drawings




Construction drawings will, in terms of Clause 5.9 of GCC 2015, be issued to the Contractor by the Engineer on the commencement date and from time to time as required. The successful Contractor will be supplied with 3 sets of unreduced paper prints of each drawing free of charge. Any additional prints required will be for the account of the Contractor. The Contractor shall conform in all aspects to the drawings and specifications and to any written instructions, which the Engineer may provide him with during the Contract. Should any differences or contradictions exist in the documents or dimensions shown on the drawings, the Contractor shall be responsible to obtain clarification thereof from the Engineer. Such clarification shall be in writing and shall be final and binding.Should the Contractor fail to seek clarification of any differences or contradictions, the Contractor shall be solely liable for any costs that may arise due to his failure in this regard.Only figured dimensions shall be used and drawings shall not be scaled unless so instructed by the Engineer. The Engineer shall supply all figured dimensions omitted from the drawings. Any ambiguities shall be clarified by the Tenderer with the Engineer prior to the submission of Tenders.

C3.2.4.3 Manufacturing DrawingsWhere applicable the Contractor shall provide the Engineer with three full sets of detailed to-scale manufacturing or shop drawings for approval prior to any manufacturing. Such drawings shall be delivered to the Engineer’s office either in hard copy or electronically. Electronic drawings shall be provided in an approved format such as AutoCad.Manufacturing and/or delivery of equipment shall not take place until the drawings have been checked and approved by the Engineer. Only after the Contractor has received hard copy drawings approved and signed by the Engineer may manufacturing start.

C3.2.4.4 Record (as-built) DrawingsThe Contractor shall mark up on drawings provided to him for this purpose the exact positions and details of all infrastructure, pipelines and the like constructed under the contract. The marked up drawings shall be handed to the Engineer monthly as the work progresses. The Certificate of Completion shall not be issued before the Engineer is in receipt of all marked up drawings and other as-built information.

C3.2.5 DESIGN PROCEDURESThe successful Tenderer, hereinafter called the Contractor, shall be responsible for the design of all temporary works required for the successful completion of the Contract. Temporary works may include, but not be limited to:

trench and excavation support/shoring, trench and excavation dewatering systems, pipe jacking launch and receiving pits,




temporary access. The above description and listed items are not necessary complete and shall not limit the design and execution of any other temporary work to be carried out. All designs shall be in accordance with good engineering norms, standards and practices. Design calculations, information and assumptions on which designs are based shall be provided to the Engineer, as requested.

Note that, although all designs are subject to the approval of the Engineer, this does not relieve the Contractor of his design responsibility nor accountability. The professional responsibility for such designs shall remain always with the Contractor and his design engineer.The Contractor shall record, and transmit to the Engineer, all construction data, to enable the Engineer to compile ‘As-Built’ plans at the end of the contract.The above summary is not necessarily complete and shall not limit the work to be carried out.

C3.2.6 DESIGN ASPECTS REQUIRING PARTICULAR ATTENTIONAll design work for temporary works shall conform to recognised industry standards and norms. Design work shall be carried out by a competent person(s) qualified and experienced enough to undertake such design utilising adequate skills and knowledge to achieve the desired outcomes. Where required by legislation such persons shall be registered with the appropriate authorities such as the Engineering Council of South Africa (ECSA) or similar.

C3.2.7 CONSTRUCTION METHODSConstruction methods used shall be as environmentally friendly as possible. No construction methods that will result in long term or permanent damage to the surrounding natural environment shall be allowed.Care shall be taken when mixing, transporting and placing concrete to avoid spillage and contamination of the soil.All construction work shall be undertaken in accordance with the Occupational Health and Safety Act and its Construction Regulations, as well as the Environmental Management Plan.

C3.2.8 MATERIALS AND WORKMANSHIPWorkmanship throughout shall be executed according to the latest professional standards to the satisfaction of the Engineer and particular care shall be taken to ensure a neat installation.All plant, materials and work shall comply with the requirements of the applicable specification and shall be of best quality, new and unused, in good condition and complete.




The Contractor shall, when requested by the Engineer to do so, submit samples of plant and materials for approval prior to commencing work. Any plant, materials or work considered to be faulty, incorrectly installed, of inferior quality or badly fixed shall be repaired or replaced by the Contractor at his own cost, as ordered by the Engineer. The Contractor shall be held responsible for the correctness of all dimensions as set out.The Engineer will inspect the work from time to time during the progress of the work. Discrepancies will be pointed out to the Contractor and these shall be remedied at the Contractor’s expense. Under no circumstances shall these inspections relieve the Contractor of any of his obligations or liabilities in terms of the Contract.

C3.2.9 ACCESS TO WORKS SITEAccess to the area, after leaving the asphalt roads, is poor. The roads are generally in a poor condition via existing gravel roads and tracks.

C3.2.10 SERVICES KNOWN TO BE IN THE VICINITY OF THE WORKS SITEKnown existing services cross or run adjacent to the site of the Works. These are shown on the drawings as far as is possible. Before any work commences the Contractor shall make use of hand excavation to expose, identify and mark the exact positions of all services.Items have been allowed in the Bill of Quantities for dealing with and protecting existing services where they are known. The Contractor shall, however, ensure that prior to construction all the necessary Record Drawings and Way-leaves for all services have been obtained and verified on site by the relevant Service Providers in his presence. The Contractor must request in writing the relevant Official to indicate the said services within 5 working days prior to commencement of work, after which the responsibility rests with the Service Department if the services are not indicated to the Contractor as requested. The Contractor shall take whatever extra precautions are required to protect all existing services from damage during the period of the Contract. Any damage to existing services indicated by the relevant service providers or other damage as a result thereof, shall be for the Contractor’s account.

C3.2.11 GEOTECHNICAL INVESTIGATION AND FAMILIARISATION OF SITE CONDITIONSAn electronic copy of a detailed geotechnical investigation report is issued separate from this document. It is to be noted that the Tenderers are to further familiarise




themselves with conditions on site during and if necessary, after the Tender Briefing. No claims will be entertained or considered for Tenderers not being aware of adverse site conditions after the tender have been submitted.

C3.3 CONSTRUCTIONC3.3.1 APPLICABLE SANS 2001 OR SANS 1200 STANDARDS FOR

CONSTRUCTION WORKSThe provisions of the SANS 1200 Standardized Specifications, as amended, take preference over the provisions of the SANS 2001 standards. The Standard Specifications, as well as those specifications that are listed in the appendix to the Standard Specifications, shall apply to the Contract to the same extent as if each of these specifications had been bound into the tender/contract documents.

C3.3.2 APPLICABLE NATIONAL AND INTERNATIONAL STANDARDSAlthough not bound in nor issued with this document, but are available at the Tenderer’s/Contractor’s expense from the relevant specification authorities, for the purpose of this Contract the latest issues of the following Standard Specifications for Civil Engineering Construction, applicable at the date of tender advertisement, shall apply:SABS 1200 A GeneralSABS 1200 AB Engineer’s OfficeSABS 1200 C Site ClearanceSABS 1200 D EarthworksSABS 1200 DB Earthworks (Pipe Trenches)SABS 1200 DK Gabions and PitchingSABS 1200 DM Earthworks (Roads, Subgrade)SABS 1200 G Concrete (Structural)SABS 1200 GE Precast Concrete (Structural)SABS 1200 H Steelwork (Structural)SABS 1200 HA Structural Steelwork (Sundry Items) Corrosion ProtectionSABS 1200 L Medium-pressure PipelinesSABS 1200 LB Bedding (Pipes)SABS 1200 LE Storm water Drainage

C3.4.2.1 The term “project specification” appearing in any Standardised Specification must be replaced with “Scope of Work”.

C3.4.2.2 Each of the Standard Specifications contains an appendix, which in turn lists further specifications which are not bound into the tender and contract documents.Both the Standard Specifications, as well as those specifications that are listed in the appendix to the Standard Specifications, shall apply to the Contract to the same extent as if each of these specifications had been bound into the tender/contract documents.

C3.4.2.3 Further to the above, it should be noted that, where in a specific Standardised Specification reference is made to a sub-clause in another Standardised




Specification, any amendment or addition to the sub-clause referred to, as provided in the Works Specification, shall apply.

C3.4.2.4 The prefix “PSA” denotes an amendment to SABS 1200A. “PSAB” denotes an amendment to SABS 1200AB and so forth. The number following these prefixes refers to the relevant clause numbers of SABS 1200.For example: “PSA 8.1” refers to Clause 8.1 of SABS 1200A.

C3.4.2.5 New clauses are followed by an asterisk (*).C3.4.2.6 The variations and additions to the specifications listed in C3.4.2 above are to be

found in Part C5 of this documentC3.3.3 PARTICULAR SPECIFICATIONS

The Particular Specifications, bound into this document under section 3.6 Specification data are applicable to this contract:

C3.3.4 CERTIFICATION BY RECOGNISED BODIESOnly SANAS accredited laboratories or other institutions may be used for certification purposes. For material testing, concrete durability testing, or other the laboratory shall be approved by the Engineer.

C3.3.5 AGRÉMENT CERTIFICATESNo alternative tenders and no tenders offering alternative materials to those stated in the Schedule of Quantities and/or Specifications will be accepted for tender purposes.The use of alternative materials, which may be fit for purpose and are subject to an Agreement certificate, may however be considered following award of the contract providing the following are adhered to: A full copy of the Agreement certificate must be provided, The certificate must be currently active, All work must be done in accordance with the terms of a specific certificate for

the product, Details of any and all variations approved by Agreement South Africa must be

provided, Details of who will erect or install the product must be provided,The decision as to whether alternative materials complying with the above requirements may be used will be at the sole discretion of the Engineer.

C3.4 MANAGEMENTC3.4.1 APPLICABLE SANS STANDARDS

The provisions of SANS 1921: 2004; Construction and Management Requirements for Works Contracts, as amended, take preference. The Standard Specifications, as well as those specifications that are listed in the appendix to the Standard




Specifications, shall apply to the Contract to the same extent as if each of these specifications had been bound into the tender/contract documents.Although not bound in nor issued with this document, but are available at the Tenderer’s/Contractor’s expense from the relevant specification authorities, for the purpose of this Contract the latest issues of the following SANS 1921 (Construction and management requirements for construction works) and associated specifications, applicable at the date of tender advertisement, shall apply:SANS 1921-1: General engineering and construction worksSANS 1921-2: Accommodation of traffic on public roads occupied by the contractorSANS 1921-3: Structural steelworkSANS 1921-4: Third party management support in works contractsSANS 1921-5: Earthworks activities, which are to be performed by handSANS 1921-6: HIV / AIDS awarenessThe abovementioned South African National Standards make several references to the Specification Data for data, provisions, and variations that make these standards applicable to this contract. The Specification Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and these standards.Each item of Specification Data given below is cross-referenced to the clause in the standard to which it applies.

The associated specification data are as follows:

SANS 1921-1: General engineering and construction worksClause No Specification data4.1.7 The Contractor will be responsible for the submission of technical data sheets,

spares lists, guarantees for all materials supplied under this contract.4.2.1 The responsibility strategy assigned to the contractor for the works is: A4.2.2 The Engineer is Mhlathuze Water or its representative4.2.3 Drawings and other information are to be submitted in accordance with the

Contractor’s programme.4.3. The planning, programme and method statements are to comply with the

following: There will be no allowance for weather delays on this contract. The

contractor shall take into account that delivery to site may be affected by heavy rain making roads difficult to use.

The Contractor will take into consideration the execution of the definable items of work associated with the scheduled provisional items and provisional quantities within the time period contemplated by the Time for Completion stipulated or tendered, as the case maybe.

The Contract is expected to be awarded during February 2018 and the




SANS 1921-1: General engineering and construction worksClause No Specification data

Site will be handed over to the Contractor as soon as practicable thereafter. The Works must be commenced within a period not exceeding 14 days from the Commencement Date, such Commencement Date to be agreed with the Employer.

The planning, program and method statements are to comply with the following:o Microsoft Project formato Links between all predecessors to and all dependencies to any

particular task must be showno Critical path must be shown

4.3.3 The notice period for inspection is 72 hours.

4.12.2 Full details of QA programmes and monitoring are required from the Contractor.

4.14.3 No facilities are required for the Employer.

4.17.1 None

4.17.3 Services which are known to exist on site are:a) Shown on the layout drawings and/or will be pointed out on site.

4.17.4 None

4.18 The additional health and safety requirements are: Refer C3.6 : Health & Safety Requirements & Procedures

4.22 The works to be undertaken by nominated and selected subcontractors comprise: None

Variations:

Additional clauses:

1. Site Meetings and Procedures

The Contractor will be expected to provide the Engineer with full details of deliveries to site, deliveries still to be made to site, full QA records of work to date, work completed to date versus programme, rate of progress, plant, machinery and staff on site, for each of the monthly meetings the Engineer will hold on site with the installation contractor2. Water and Electricity

The Employer does not warrant that any water or electricity supply may exist at any or all points on site.




SANS 1921-1: General engineering and construction worksClause No Specification data4.4 An item for independent quality tests required by the Engineer is included in

the Schedule of Quantities.

The Contractor shall draft and submit his proposed Quality Assurance Plan to the Engineer for his approval. This plan shall clearly indicate and control all contract activities ensuring that work is carried out fully in compliance with the contract specifications and/or product manufacturer’s specifications, whichever is applicable.

C3.4.2 LIAISON WITH EMPLOYER’S STAFF AND OPERATIONAL REQUIREMENTSThe Contractor shall liaise with Mhlathuze Water, Planning, Projects, Operations and Maintenance with regard to the timing of the work so as to fit in with the operational requirements of the TREATMENT WORKS. This shall particularly apply to operations which require the shutting down of the SERVICES supply, as alternate services arrangements must be made. Mhlathuze Water requires 14 days’ notice of any such shutdown.

C3.4.3 PLANNING, CASHFLOW AND PROGRAMMINGC3.4.3.1 Planning

Disruption of the water works must be avoided as far as practically possible throughout the duration of the contract. The Contractor shall therefore undertake the Works in a manner that ensures no unnecessary disruption of the water works. A single 24 hour shutdown of the plant has been allowed for early in March 2018 and all necessary work is to be finalised during this shutdown. No other shutdowns will be catered for during this Contract. Tenderers shall provide information as part of the method statements submitted with their tenders as to the sequence and durations of activities during the proposed supply system shutdown.Note: No supply system shutdown shall be allowed at any time or for any reason whatsoever other than the planned March shutdown. Should the Contractor fail to adhere to this requirement, the full costs of any nature whatsoever incurred by the Employer in ensuring continuation of the services to consumers shall be charged to and recovered from the Contractor. This shall include the full cost of any penalties charged to the Employer by industrial and other consumers.

C3.4.3.2 Submitted ProgrammeThe Contractor shall provide basic main activity and cashflow programmes as part of his tender offer.Detailed activity programmes showing the anticipated quantities of work to be performed, together with the manner in which the required Works shall be constructed, inspected, tested and commissioned, together with an estimated cash




flow, shall be submitted by the successful tenderer within 14 days of the Commencement Date (Clause 5.6.1 of the GCC2015 refers). This programme shall clearly indicate each of the work activities and take into account the work and time constraints.If, during the progress of the work, the quantities of work performed per month fall below those indicated on the programme, or if the sequence of operations is altered, or if the programme is deviated from in any other way, the Contractor shall produce a revised programme showing the modifications to the original programme necessary to ensure completion of the works or any part thereof within the specified time for completion, within one week, to the Engineer.The programme, including cashflow to date, shall furthermore be updated for each site meeting showing the work completed and the progress ahead, to or behind schedule as relevant. During the duration of the contract, the Contractor shall submit written reports to the Engineer each fortnight showing progress related to the agreed programme, and shall update the programme and cashflow in accordance with actual progress.The approval by the Engineer of any programme shall have no contractual significance other than that the Engineer would be satisfied if the work is carried out according to such programme, and that the Contractor undertakes to carry out the work in accordance with the programme. It shall not limit the right of the Engineer to instruct the Contractor to vary the programme should circumstances make this necessary. The Contractor’s programme and method statements will not be accepted as the basis for claims for additional compensation without due reference to all relevant associated factors.When requested by the Engineer, the Contractor shall submit, within two working days, a Method Statement dealing with his proposed procedure for certain elements of the works. No work to this element shall commence until the Engineer’s written approval of the Method Statement has been received.




C3.4.3.3 General AllowancesWhen drawing up his programme, the Contractor shall take into consideration and make allowance for, inter alia:(i) provision and approval of the required documentation, insurances and

surety,

(ii) preparation and submission of design drawings to the Engineer for approval, and the time allowed for approval by the Engineer, the time for approval being seven (7) days,

(iii) expected weather conditions and their effects,

(iv) known physical conditions or artificial obstructions,

(v) searching for, dealing with and carrying out alterations to the existing services,

(vi) the sequencing of the Works taking all other pertinent information contained in the documents into account,

(vii) lead times for delivery of pipes and other materials,

(viii) allowance for inspection and testing by a third party,

(ix) delivery schedule as agreed to with the Supply Contractor(s),

(x) the provision and implementation of the Health and Safety Plan in terms of the Construction Regulations, 2014 of the Occupational Health and Safety Act.

C3.4.3.4 Engineer’s Inspection and Approval of WorkThe Contractor shall allow reasonable time in his programme for the Engineer to carry out testing and inspection of the Works. To this end the Contractor shall provide to the Engineer a schedule indicating when inspections are required. Requests for ad hoc inspections should be made in writing to the Engineer at least 24 hours before such inspections are required. If the Engineer attends with the purpose of examining any part of the Works at the date and time agreed on with the Contractor and it is found that the Works are not ready for inspection, the Contractor shall be responsible for the cost of that visit by the Engineer.The Engineer’s Representative will visit the site regularly for the purpose of supervision of the Contract and inspection and approval of completed work. The Contractor shall therefore arrange his working programme in such a way that all work is inspected and approved at the required time. Under no circumstances shall he proceed with any activity that covers up previous work before the previous work has been approved in writing (e.g. no trench shall be backfilled until the laid pipes and bedding have been inspected and approved).




C3.4.3.5 Review of ProgressThe Contractor shall review his progress each month and should progress lag behind the latest accepted programme by more than 1 week, he shall submit a revised programme and method statement of how he proposes making up lost time. If, in the opinion of the Engineer, such revised programme will not make up lost time, the Engineer shall have the right to request the Contractor to reorganize his work in a manner which will ensure an acceptable programme. Claims for additional payments to meet any cost incurred due to such reorganization will not be accepted.

C3.4.4 SEQUENCE OF THE WORKS Due to the urgent nature of this contract, the Works shall have to be undertaken at several locations at the same time.Immediately after moving onto Site and establishing, the Contractor shall clear the route of the project areas. These activities shall receive high priority.The sequence of construction shall be carefully planned and agreed with the Engineer before any work commences.

C3.4.5 QUALITY PLANS AND CONTROLC3.4.5.1 General

Quality control forms an essential part of this contract. The Employer will engage the services of an independent third party quality inspectorate who shall carry out quality control inspections and testing at all stages of the manufacturing, supply and construction stages for the entire project, on behalf of the Employer. The Contractor shall agree hold points with the third party inspectorate for quality inspections and testing, to the approval of the Engineer.The Contractor shall submit to the Engineer for approval his Quality Control plans, method statements and testing methods prior to undertaking or starting any work under the contract.

C3.4.5.2 Quality Control of WorkmanshipThe Contractor shall be responsible for routine inspection, sampling and testing of all OCIM, workmanship, and plant and measuring devices in order to control the quality of the work and to ensure compliance with the Specification.The Contractor shall be responsible for establishing and maintaining procedures for Quality Control which ensure that all aspects of the Control Works comply with the conditions of the Contract.The Contractor shall appoint a suitably qualified member of his staff to be responsible for the Quality Control and to maintain effective liaison with the Engineer. Such appointment shall be subject to the approval of the Engineer.The cost for the above will be deemed to be included in the rates tendered.

C3.4.5.3 Quality Assurance (QA) (Read with SANS 1921 – 1: 2004 clause 4.4)




The onus to produce work that conforms in quality and accuracy of detail to the requirements of the Specifications and Drawings, rests with the Contractor, and the Contractor shall, at his own expense, institute a quality control system and provide experienced engineers, foremen, surveyors, material technicians, other technicians and technical staff, together with all transport, instruments and equipment to ensure adequate supervision and positive control of the Works at all time.The Contractor will be solely responsible for the production of work that complies with the Specifications to the satisfaction of the Engineer. To this end it will be the full responsibility of the Contractor to institute an appropriate Quality Assurance (QA) system. The Engineer will audit the Contractor's quality assurance (QA) system on a regular basis to verify that adequate independent checks and tests are being carried out and to ensure that the Contractor's own control is sufficient to identify any possible quality problems which could cause a delay or failure.The Contractor shall ensure that sufficient supervisory staff, the required transport, instruments, equipment and tools are available to control the quality of his own workmanship in accordance with his QA-system. His attention is drawn to the fact that it is not the duty of the Engineer or the Engineer’s representative to act as foreman or surveyor.

C3.4.5.4 Process ControlThe cost of supervision and process control, including testing carried out by the Contractor, will be deemed to be included in the rates tendered for the related items of work and no additional payment will be made for testing required.The Contractor’s attention is drawn to the provisions of the various Specifications regarding the minimum frequency of testing required. The Contractor shall, at his own discretion, increase this frequency, where necessary, to ensure adequate control.On completion and submission of every part of the work to the Engineer for examination, the Contractor shall furnish the Engineer with the results of the relevant tests to indicate compliance with the Specifications.The Contractor shall arrange for all tests required for process control to be done by a laboratory acceptable to and approved by the Engineer.The Contractor may establish his own laboratory or he may employ the services of an independent commercial laboratory. Whatever method is used, the Contractor must submit the results of tests carried out on materials and workmanship when submitting work for acceptance by the Engineer. The costs for these tests shall be deemed to be included in the relevant rates

C3.4.5.5 Acceptance ControlThe process control test results submitted by the Contractor for approval of materials and workmanship may be used by the Engineer for acceptance control. However, before accepting any work, the Engineer may have further control tests carried out by a laboratory of his choice. The cost of such additional tests will be covered by a provisional sum provided in the schedule of quantities, but tests that




failed to confirm compliance with the specifications, will be for the account of the Contractor.

C3.4.5.6 Data BooksThe Contractor shall establish and maintain a comprehensive Data Book, which will provide a complete and permanent record of all inspections and tests relating to the Contract. The Data Books shall be maintained in triplicate format and presented to the Engineer for review and approval at the end of the Contract. After review and approval a copy will be delivered to the Employer (Mhlathuze Water), one copy retained by the Engineer and one copy returned to the Contractor for his permanent records.

C3.4.6 PAYMENT CERTIFICATESThe Contractor should submit his claim for payment on or about the 20th day of each month. The Engineer’s Representative will either verify claims or return claims where errors are found in the supporting data within 2 days. The Contractor will issue on invoice in respect of verified claims together with all supporting data within 3 days of being requested to do so. In terms of GCC 2015 clause 6.10.4 the Engineer will forward the payment certificate / invoice etc. to Employer for payment within 7 days of receiving the invoice together with all supporting data.In the event of errors being found in the invoice or supporting data it will be deemed that the claim for verification or invoice has not been received.Failure to supply claims by the 20th may result in late payments.Payment certificates shall be submitted in the form of the Bill of Quantities. Columns shall be provided showing the previous quantity, current quantity and total quantity claimed under each item. Calculations to substantiate the quantities claimed must be submitted with each monthly claim. Claims for payment will be deemed not to have been received until provision by the Contractor to the Engineer of calculations to substantiate the quantities claimed.The Transfer of Rights declaration must be submitted together with any claim made for payment. No payment for Goods or materials will be made without such a declaration. A pro forma declaration of Transfer of Rights is included in this document.

C3.4.6.1 Electronic paymentsMhlathuze Water does make electronic payments. The Contractor will be responsible for supplying correct bank details to the Employer for electronic payments and the Employer will not be held responsible for any incorrect bank details supplied by the Contractor.

C3.4.6.2 Bonds and GuaranteesThe Employer does not accept Bonds or Guarantees for retention.




C3.4.7 FORMAT OF COMMUNICATIONSThroughout the construction period all communication between parties shall be in writing delivered by means of email or facsimile. All verbal instructions, requests or agreements shall be confirmed in writing to be of effect. Throughout the contract period, the Contractor shall supply and maintain the following documentation that shall be kept accessible to both the Contractor and the Engineer or Engineer’s Representative at all times:a) Site Request / Instruction book : For the Contractor to provide the Engineer

or Engineer’s Representative with information required, for giving notification in writing of inspections, drawings, etc., required by the Contractor, and for use by the Engineer or Engineer’s Representative for the purpose of writing day-to-day instructions or confirming verbal information or instructions given to the Contractor.

b) Safety File: Containing the safety hierarchy, contact details, safety plan, audits, safety equipment, safety training, injuries log, inspections and all other relevant safety data.

c) Quality Control File : Containing Quality Assurance and Quality Control Forms to be operated and maintained by the Contractor.

d) Measurement File : Containing records of work measurement and calculations.

e) Daily Register : Listing labour and construction equipment status.f) Daily Contract Diary : For recording the work carried out on site each day –

shall reference the specific area of work and shall be signed by the Site Agent and the Engineer’s Representative.

g) Monthly Labour Return Schedule.h) One full set of contract drawings and contract documents.i) Construction Programme.

C3.4.8 RECORDING OF WEATHERThe Contractor shall record all climatic conditions during the execution of the Works. The recordings shall be submitted to the Engineer's Representative on a weekly basis, together with a statement recording the Contractor's opinion of the effect on the progress of the Works and on his construction Programme of any climatic conditions which he may consider to be abnormal and/or to constitute a reason for an extension of the Time for Completion of the Works.Should the Contractor wish to invoke or submit a claim for extension of time for the completion of the Works due to the Works being delayed by reason of climatic conditions he shall do so in writing giving, inter alia, the following details:- the period and times work or the Works was stopped and proceeded with; and a report on resources on Site, active and/or In readiness, at the time of the

alleged delay or disruption, which shall be certified by the Engineer’s Representative; and

The reasons construction could not or cannot (as the case may be) proceed or commence, with reference to the approved construction programme activities and an identification of the Critical Path Activity affected; and




The circumstances surrounding any instruction by a third party to stop work due to inclement weather such as Industrial Council, Safety Officers, etc.

Only when the Works shall have been completed in terms of Sub-clause 5.14.3 of GCC 2015 shall the extension of time for completion resulting from climatic conditions, if any, be finalized by the Engineer.

C3.4.9 PRINCIPLES AND METHOD FOR GRANTING EXTENSION OF TIME RESULTING FROM CLIMATIC CONDITIONS (Refer Sub-Clause 5.12 of GCC 2015)"Normal climatic conditions" shall not be deemed to constitute "circumstance of any kind" in terms of Sub-clause 5.12.1 of GCC 2015.Extension of time resulting from "abnormal climatic conditions" in terms of Clause 5.12.2.2 GCC 2015 shall be determined in accordance with a Critical Path Method, as follows :-A delay caused by "abnormal climatic conditions" will be regarded as an actual delay only if, in the opinion of the Engineer, the execution of an item or items of work on the critical path of the construction programme of the Contractor cannot be proceeded or commenced with. Delays on working days only (based on an ordinary working week having 45 working hours and an ordinary working day having 9 working hours) will be taken into consideration for the determination of an extension of time.Extension of time due to abnormal climatic conditions shall be considered by the Engineer over the full period of construction up to the authorized Due Completion Date, i.e. including any extension thereof, which may have been granted.Extension of time for parts of a month shall be determined by pro rata values of the expected delays specified to be used.

C3.4.10 KEY PERSONNEL AND SUPERVISIONThe Contractor shall assign as Site Agent a person suitably qualified and experienced in all aspects of the Works and specifically in the construction of large diameter continuously welded mild steel pipelines. This Site Agent shall be responsible for all aspects of the Works on behalf of the Contractor, including receiving instructions, providing quotations, attending meetings, dealing with contractual correspondence, payment certificates, preparation of programs and cash flows, and the like. The Site Agent shall also have the authority to commit the Contractor to all contractual aspects of the Contract. The Site Agent shall be appointed in writing in full accordance with the requirements of clause 4.12.2 of GCC 2015.Senior personnel such as the Site Agent, Assistant Site Agent and/or General Foreman shall be on site at all times to control and supervise the site activities. No work may be undertaken without these senior personnel on the site and the Engineer shall close the site if these personnel are not present. No claim for additional time or cost will be allowed for such site closure due to the senior personnel not being present on site.




The Contractor shall provide the Engineer with the full names, qualifications, experience and contact details of his key personnel within seven (7) days of the commencement date of the contract.

C3.4.11 MANAGEMENT MEETINGSManagement meetings will be held monthly on site for the duration of the Contract on dates and at times to be agreed.It is a requirement that the Site Agent attend the monthly management meetings. Two days prior to each monthly meeting the Contractor shall provide an updated programme and progress report, cash flow, labour report and plant and equipment report.

C3.4.12 WORKING HOURSNormal working hours shall be between 07:00 and 17:00 from Monday to Friday. Work may take place on Saturdays between 07:00 and 13:00. Saturdays will not be included in calculating days for completion of any extension of time granted.

C3.4.13 PERMITSNo special permits are required, however, should any be necessary the Engineer will timeously inform the Contractor. The Contractor shall then be responsible for obtaining the required permit(s), the cost of which shall be recoverable from the Employer.

C3.4.14 DEALING WITH TRAFFIC AND ACCESSThe Contractor shall liaise with all the relevant authorities/persons regarding construction where it affects public/private right of way on roads, access to properties etc. Where alternative arrangements cannot be made, roads shall be crossed in half widths to allow for safe passage of traffic.All the relevant requirements regarding the latest edition of the South African Traffic Signs Manual shall be adhered to. Specific attention shall also be paid to the requirements of the Umhlathuze Municipality and Department of Transport regarding signs for road closures, deviations, warning signs, etc.

C3.4.15 TRAFFIC MANAGEMENTTo avoid the generation of congestion on public roads the Contractor shall avoid using access roads for the supply or removal of materials during peak traffic periods. The Contractor is to liaise with the uMhlathuze Local Municipality and the KZN Department of Transport to determine which time periods of the day shall be avoided.

C3.4.16 MAINTENANCE OF ACCESS AND STREETSThe operation of vehicles on existing roads or streets shall be limited to traffic with an axle load not exceeding that allowed by the Road Traffic Ordinance of the authority concerned, or any amendment thereof.All access roads used by the Contractor shall be maintained for the duration of the contract and shall be rehabilitated to their original condition on completion of the contract.




The Contractor must note that no additional payment will be made for construction, maintenance and rehabilitation of any access roads to the site.

C3.4.17 PROTECTING THE SITEThe Contractor shall be solely responsible for the protection of the Site against all damage to property, services, terrain, trees etc. If in the normal execution of this Contract, disturbance to the Site of the Works is necessary, the Contractor shall obtain the prior permission of the Engineer. After completion of this work, the Contractor shall reinstate the area concerned to its original condition at his own cost as covered under the relevant rates. The Engineer’s ruling of what was the original condition of the Site or part thereof shall be final.If the Contractor fails to reinstate the Site, the Employer shall do the reinstatement and the Engineer shall establish the extent of the work as well as its costs. The Engineer’s ruling shall be final and payment for the work will be deducted from money owed to the Contractor.The Contractor shall ensure that his actions do not cause any nuisance or safety hazards to the general public or the Employer’s operational staff.

C3.4.18 NOISE CONTROL AND WORKING HOURSThe Contractor is to observe any plant operational restrictions imposed by the uMhlathuze Local Municipality. Working hours for particularly noisy operations are to be kept to a minimum. Plant is to be kept well maintained with noise performance checks being carried out during regular maintenance schedules.In addition to any operational restrictions that may be imposed by the uMhlathuze Local Municipality the Contractor shall not shall operate before 07:00 or after 17:00 Monday to Saturday. Should the Contractor wish to work outside this period or on Sunday, permission will have to be obtained from the Engineer. In addition, any local residents shall be given 72 hours’ notice of the event.

C3.4.19 PROOF OF COMPLIANCE WITH THE LAWGOVERNMENT ACTS AND REGULATIONSThe Works shall be constructed in accordance with the relevant Government Acts and Regulations and in particular "The Occupational and Health and Safety (Act No. 85 of 1993)".All apparatus and material supplied and all work carried out shall comply in all respects with the Act. This particularly applies to the guarding or provision of guards for plant and apparatus as well as codes of practice and approval.At the handover of the Site, the Contractor must appoint a responsible person in terms of the Act. He must inform the Engineer in writing of his appointment. A durable sign must be mounted on the notice board and/or at the entrance to the Site and/or Sites, which give the name and contact numbers of the Site Safety Officer (responsible person).




The Contractor must comply with the requirements of the Act and inform his employees and Sub-contractors regarding regulations, safety requirements, inspections, etc.The specific health and safety conditions imposed by the Employer (refer the OHASA Agreement under "Forms to be completed after award of Tender" in Volume 1 of the Tender Document) also apply and take precedence where in conflict with the Occupational Health and Safety Act. This Agreement must be signed upon award of the Tender.The Contractor exempts both the Employer and the Engineer for the safety of his work on the Site. The Contractor assumes the responsibility in terms of Section 16(1) of the Occupational Health and Safety Act. If the Contractor delegates any duty in terms of Section 16(2), a copy of each written delegation shall immediately be handed to the Engineer.By accepting the Contract, the Contractor warrants that all his and his Sub-contractor's workmen are covered in terms of the Compensation for Occupational Injuries and Diseases Act (Act No. 130 of 1993), which cover shall remain in force whilst any workman is present on the Site.

C3.4.20 HEALTH AND SAFETYC3.4.20.1 Health and Safety Requirements and Procedures

This clause shall be read in conjunction with the Health and Safety Specification, included in this document. Anything set out in connection with the Safety Act in this document is supplementary to and in no way replaces, alters or supersedes the provisions of the Occupational Health and Safety Act 1993 (Act 85 of 1993) and the Constructional Regulations 2014, which shall be complied with at all times.a) in terms of the provisions of Section 37(2) of the Occupational Health and

Safety Amendment Act, 1993 (Act 85 of 1993), hereinafter referred to as the Act, the following arrangements and procedures shall apply between the Contractor and the Employer to ensure compliance by the Contractor with the provisions of the Act:(i) The Contractor undertakes to acquaint the appropriate officials and

employees of the Contractor with all relevant provisions of the Act and the Regulations promulgated in terms of the Act.

(ii) The Contractor undertakes that all relevant duties, obligations and prohibitions imposed in terms of the Act and Regulations on the Contractor will be fully complied with.

(iii) The Contractor accepts sole liability for such due compliance with the relevant duties, obligations and prohibitions imposed by the Act and Regulations and expressly absolves the Employer from himself being obliged to comply with any of the aforesaid duties, obligations and prohibitions, with the exception of such duties, obligations and prohibitions expressly assigned to the Employer in terms of the Act and its associated Regulations.

(iv) The Contractor agrees that any duly authorised officials of the Employer shall be entitled, although not obliged, to take such steps as may be necessary to monitor that the Contractor has conformed




to his undertakings as described in paragraphs (i) and (ii) above, which steps may include, but will not be limited to, the right to inspect any appropriate site or premises occupied by the Contractor, or any appropriate records or safety plans held by the Contractor.

(v) The Contractor shall be obliged to report forthwith to the Employer and Engineer any investigation, complaint or criminal charge which may arise as a consequence of the provisions of the Act and Regulations, pursuant to work performed in terms of this Contract, and shall, on written demand, provide full details in writing, to the Employer and Engineer, of such investigation, complaint or criminal charge.

(vi) The Contractor shall furthermore, in compliance with Constructional Regulations 2014 to the Act acquaint himself with the requirements of the Employer’s Health and Safety Specification as laid down in Regulation 4(1)(a) of the Construction Regulation 2014, and prepare a suitably and sufficiently documented health and safety plan as contemplated in Regulation 5(1) of the Construction Regulation 2014 for approval by the Employer or his assigned agent. The Contractor's Health and Safety Plan and Risk Assessment shall be submitted to the Employer for approval within fourteen (14) days of the Commencement Date and shall be implemented and maintained from the commencement of the works.

(vii) The Contractor shall at all times be responsible for full compliance with the approved plan as well as with the Construction Regulations and no extension of time will be considered for delays due to non-compliance with the abovementioned plan or regulations.

(viii) The Employer, or his assigned agent, reserves the right to conduct periodic audits, as contemplated in the Construction Regulations 2014, to monitor that the Contractor is compliant in respect of his obligations. Failure by the Contractor to comply with the requirements of these Regulations shall entitle the Engineer, at the request of the Employer or his agent, to suspend all or any part of the Works, with no recourse whatsoever by the Contractor for any damages incurred as a result of such suspension, until such time that the Employer or his agents are satisfied that the issues in which the Contractor has been in default have been rectified.

(ix) The proposed type of work, materials to be used and potential hazards likely to be encountered on this contract are detailed in Section C3.3: Construction, the Bill of Quantities, the Drawings, and in the Employers' Health and Safety Specification (Regulation 4(1) of the Construction Regulations 2014).

Payment items are included in the Bill of Quantities to cover the Contractor's cost for compliance with the OHS Act and the abovementioned regulations.

C3.4.20.2 Health and Safety Specifications and Plans to be Submitted at Tender Stage

C3.4.20.2.1 Employer's Health and Safety Specification




The Employer's Health and Safety Specification are included in the tender documents as part of the Scope of Works.

C3.4.20.2.2 Tenderer's Health and Safety Plan The successful Tenderer shall, on receipt of notification that he has been awarded the contract, submit without delay his own documented Health and Safety Plan for the execution of the work under the contract. His Health and Safety Plan must at least cover the following:(i) a proper risk assessment of the works, risk items, work methods and

procedures in terms of Regulations 9;(ii) pro-active identification of potential hazards and unsafe working conditions;(iii) provision of a safe working environment and equipment;(iv) statements of methods to ensure the health and safety of subcontractors,

employees and visitors to the site, including safety training in hazards and risk areas (Regulation 7);

(v) monitoring health and safety on the site of works on a regular basis, and keeping of records and registers as provided for in the Construction Regulations;

(vi) details of the Construction Supervisor, the Construction Safety Officers and other competent persons he intends to appoint for the construction works in terms of Regulation 8 and other applicable regulations; and

(vii) details of methods to ensure that his Health and Safety Plan is carried out effectively in accordance with the Construction Regulations 2014.

The Contractor's Health and Safety Plan will be subject to approval by the Employer, or amendment if necessary, before commencement of construction work. The Contractor will not be allowed to commence work, or his work will be suspended if he had already commenced work, before he has obtained the Employer's written approval of his Health and Safety Plan. Time lost due to delayed commencement or suspension of the work as a result of the Contractor's failure to obtain approval for his safety plan, shall not be used as a reason to claim for extension of time or standing time and related costs

C3.4.20.3 Cost of Compliance with the OHSA Construction RegulationsThe rates and prices tendered by the Contractor shall be deemed to include all costs for conforming to the requirements of the Act, the Construction Regulations and the Employer's Health and Safety Specification as applicable to this contract. Should the Contractor fail to comply with the provisions of the Construction Regulations, he will be liable for penalties as provided in the Construction Regulations and in the Employer's Health and Safety Specification.Items that may qualify for remuneration will be specified in the Safety Specifications included or in the Project specifications.

C3.4.20.4 Protection of the PublicThe Contractor shall at all times ensure that his operations do not endanger any member of the public.




The Contractor shall take special precautions to prevent public access to any dangerous areas on the works, e.g. by temporary barricades and / or fencing.

C3.4.20.5 First Aid and Site SafetyThe Contractor shall be the responsible party on Site to ensure that the Occupational Health and Safety Act 1993 (Act 85 of 1993) including the Constructional Regulations 2014 and any other statutory obligations on safety are strictly adhered to and administered. The Employer shall not be held liable for safety on Site or anywhere else where the Contractor is active. The Contractor shall complete a “Contractor’s Legal Delegation Statement” which is bound into this document.The Contractor may be working in confined spaces and deep trenches and excavations and shall especially be required to observe those sections of the Act and Regulations which deal with working in such conditions. The Contractor shall ensure that the following list of personnel protective equipment is in general use as a minimum: Safety harnesses for working in confined spaces, near to water and at heights. Hard hats where required. Leather gloves for cut resistance. Ear muffs or ear plugs for noise from machines. Appropriate eye protection when any cutting, grinding or welding is

undertaken, and in dusty conditions. Overalls for body protection. Reflective safety vests. Safety shoes for foot protection.

Ladders for access and escape from the trench shall be placed at the regulated minimum distances and shall be maintained in a good and safe state at all times.Anything set out in connection with the Safety Act in this document is supplementary to and in no way replaces, alters or supersedes the provisions of the Occupational Health and Safety Act 1993 (Act 85 of 1993) and Constructional Regulations 2014, which shall be complied with at all times.

C3.4.20.6 Expected Health and Safety RisksListed below are, which may not be all, the expected health and safety related risks that may be encountered during the contract duration. The Contractor shall identify and prepare assessments for all risks he is likely to encounter in the execution of the contract before commencing with any work. Further assessments shall be prepared as and when required for any other risks identified during the construction phase before work involving such risks is undertaken. Working in deep trenches and other excavations in potentially unstable and/or

wet ground conditions; working in large ponds greater than 1.5m deep




Working with cement and other hazardous materials; Water in excavations; Operating construction plant and equipment; Lifting, loading and placing of heavy materials and other weights; Excessive noise levels; Moving construction plant and vehicles on the Site; Potential of flooding should heavy rain occur; Venomous snakes and crocodiles , possibly including boomslangs, cobras and

mambas, on the Site

C3.4.20.7 Barricades and LightingThe Contractor shall comply in all aspects with the requirements of the Occupational Health and Safety Act (Act 85 of 1993) and the Constructional Regulations 2014.The Contractor shall erect and maintain for the duration of the contract adequate barricades in the form of fencing, or other approved methods, to prevent unauthorised access to the Site, and in particular any excavations, by the general public.Trench excavations for pipelines shall be barricaded on both sides along the entire length of open trench. Where trenches are excavated within road reserves and where it may be reasonably expected that vehicular traffic may be encountered in areas outside of road reserves, the Contractor shall provide, maintain and keep lit between sunset and sunrise, warning lamps placed at regular intervals not exceeding 50m along the length of open trench on the side facing the street or direction from which traffic may reasonably be expected. The Contractor shall, in connection with the Works, provide and maintain all signs, signboards, lights, barriers, barricades, fencing and watching when and where

(a) specified in or reasonably to be inferred from the Contract, or(b) required by any competent statutory or other authority, or(c) required by the Engineer for the protection of the Works or for the safety or

convenience of the public or others.C3.4.20.8 Health and Safety Plan

The Health and Safety Plan shall be based on the following principles : Proper risk assessments of the construction work; Pro-active identification of potential health hazards and unsafe working

conditions; Informing and training of employees in hazards and risks; Provision of a safe working environment and safety equipment; Ensuring the health and safety of subcontractors through their health and

safety plans;




Monitoring the health and safety on the construction works on a continuous basis;

Employing only competent, registered health and safety officials.

C3.4.20.9 Proof of Compliance with the LawThe Works shall be constructed in accordance with the relevant Government Acts and Regulations and in particular "The Occupational and Health and Safety (Act No. 85 of 1993) and the Construction Regulations 2014".All apparatus and material supplied and all work carried out shall comply in all respects with the Act. The Contractor must comply with the requirements of the Act and inform his employees and Sub-contractors regarding regulations, safety requirements, inspections, etc.The specific health and safety conditions imposed by the Employer (refer the OHASA Agreement under "Forms to be completed after award of Tender" in Volume 1 of the Tender Document) also apply and take precedence where in conflict with the Occupational Health and Safety Act. This Agreement must be signed upon award of the Tender.The Contractor exempts both the Employer and the Engineer for the safety of his work on the Site. The Contractor assumes the responsibility in terms of Section 16(1) of the Occupational Health and Safety Act. If the Contractor delegates any duty in terms of Section 16(2), a copy of each written delegation shall immediately be handed to the Engineer.By accepting the Contract, the Contractor warrants that all his and his Sub-contractor's workmen are covered in terms of the Compensation for Occupational Injuries and Diseases Act (Act No. 130 of 1993), which cover shall remain in force whilst any workman is present on the Site.

C3.4.21 ENVIRONMENTAL MANAGEMENTC3.4.21.1 Methods and Procedures

The following, together with the Construction Environmental Management Programme, shall be applied with regard to the operation and maintenance of the site: Before setting up any construction work camp or stockpile site for equipment,

the Contractor (or sub-contractor) must liaise with the Engineer and the relevant landowner and reach agreement regarding the location, layout and demarcation of any camp to be established, including any compensation to be paid to the landowner;

All equipment and materials, particularly potentially hazardous substances, shall be securely stored in lockable structures and all reasonable steps taken to prevent theft or use by unauthorized personnel;

The site shall at all times be kept in a neat and tidy condition. Papers and packaging shall be binned and removed from site and waste stockpiles shall be properly demarcated and the waste removed at regular intervals and disposed of at a registered waste disposal site.




Natural vegetation shall not be damaged unnecessarily and the working areas of the site be kept to the minimum reasonably possible for construction. An environmental awareness training programme for the construction staff should be implemented by the Contractor/sub-contractor(s) and all workers made aware of the recommended mitigation measures to be implemented.

No wild animals (birds, snakes, lizards, game, etc.), domestic stock or indigenous plants are to be disturbed unnecessarily in any way by the construction activities or by the construction staff.

All topsoil (containing indigenous plant seeds, rootstock, etc.) removed – that may be required in future rehabilitation – should be carefully stockpiled for later rehabilitation.

Measures need to be taken to ensure that contamination from the work camp and lay-down site does not pollute adjacent areas. This should include the diversion of natural run-off away from the works and the containment thereof in drainage retention areas, where applicable.

Water from dewatering operations shall be disposed of so as not to return to the working area nor to cause damage or erosion to surrounding areas.

Dust from stockpiles and access roads shall be controlled by watering. Precautions need to be taken against oil spillage from heavy equipment

through the use of sand or sawdust drip trays. All material (including soil) contaminated with hydrocarbons should be disposed of as hazardous waste at a registered waste disposal site.

Any object of historical interest that may be uncovered in the course of the works shall immediately be protected and reported to the Engineer for further action. There is a legal requirement to report any archaeological site of cultural significance to the National Monuments Council, according to the National Heritage Act (Act No. 25 of 1999).

The Contractor shall check and supervise his own work and the work of his sub-contractors to ensure that all work is carried out in accordance with the EMP.

Sources of imported material shall be listed and approved by the ECO and shall be free of weeds, seeds of alien plants, litter and contaminants;

No hazardous substances may be disposed of on site; The storage of flammable liquids and substances should strictly comply with

specifications; Adequate fire-fighting equipment must be readily available at the materials

storage and dispensing areas; Adequate precautions shall be provided to prevent spillage during the filling of

any tank with flammable and hazardous liquids and during the dispensing of the contents;

The site shall at all times be kept in a neat and tidy condition – papers and packaging shall be disposed of into scavenger- and weatherproof bins and the waste removed at regular intervals;

Wherever possible, materials used or generated by construction shall be recycled;

Provision shall be made for employee facilities including shelter, toilets, washing and eating facilities;

Sanitation facilities supplied by the Contractor for the workers shall be maintained in a hygienic state and serviced regularly;




Contaminated water, run-off and/or effluent should be prevented from discharging into the groundwater, any water course, drain or sea and should be contained and disposed of at a site approved by the Engineer and Local Authority;

Water from dewatering operations shall be disposed of so as not to return to the working area nor to cause damage or erosion to surrounding areas;

Dust shall be minimized as far as reasonably possible and controlled by watering;

Natural vegetation shall not be damaged unnecessarily and the working areas of the site and along the pipelines shall be kept to the minimum reasonable possible for construction;

The Contractor should manage and minimize any noise generated on site so as not to disturb nearby residents;

Final audit: On completion of the works, but before the construction site is handed back to the Employer, a thorough environmental inspection or audit impacted by the construction activities shall be carried out and any ‘problematic’ or damaged areas shall be made good or rehabilitated to the satisfaction of all parties.

C3.4.21.2 Environmental Management PlanThe Contractor shall comply fully with all provisions of the environmental plan. A basic EMP is included in this document as SPEC EMA. During the duration of the contract, the Contractor may be required to take specific measures not covered by the EMP to protect the environment. Reference must be made to SPEC EMA and SDEMA for further information.

C3.4.21.3 Fires and Burning of VegetationUnder no circumstances whatsoever may fires be lit anywhere on the site of the Works.

C3.4.21.4 Preservation of Flora and Fauna and Soil ConservationThe Contractor shall :a. take all precautions to prevent:

i) any damage to trees, shrubs and the surrounding natural environment,ii) fires,iii) loss or injury to domestic or wild animals from any lands used or

occupied by the Contractorb. refrain from destroying, removing or clearing trees, timber and scrub to any

extent greater than is absolutely necessary for the execution of the contractc. ensure that no vegetation, trees or shrubs outside the site boundaries are

disturbed, damaged or destroyed. A penalty of R1,000 per incident may be charged to the Contractor,

d. take care to cause the minimum disturbance to the fauna and flora,e. take measures as to ensure that his employees are aware of and abide by all

laws and restrictions governing the hunting, disturbing, capturing or destroying of animals and birds in the vicinity of the camp or the Works or the taking of fish from any water; and




f. prohibit all firearms from the site and temporary camps.C3.4.21.5 Protection of Trees, Shrubs and Surrounding Environment

The Contractor shall ensure that no trees, shrubs or the surrounding natural environment outside the site boundaries are disturbed, damaged or destroyed. A penalty of R1,000 per tree or shrub damaged or destroyed or for damage to the natural surrounding environment may be charged to the Contractor. The Engineer shall have the right to permanently exclude any person from the site who causes any damage to the natural environment.

C3.4.21.6 Prevention of PoachingThe Contractor shall ensure that none of his employees partake in any poaching activities of any nature during the duration of the contract. Any person caught poaching shall be banned from the site of the Works and shall be prosecuted under the relevant laws.The Contractor shall be liable for a fine of R5,000 for the first incidence of poaching committed by any of his employees, whether the employee is prosecuted or not. The fine shall double for each and every incident thereafter up to a maximum of R20,000 per incidence. Repeated incidents may be considered as cause for cancellation of the contract in terms of Clause 9.2.1.3.5 of the GCC 2015.

C3.4.22 LEGISLATIONC3.4.22.1 Changes in legislation

Reference in the General Conditions of Contract and in any other standard document forming part of this contract to legislation which has been amended or superseded by other legislation since the most recent publication of such standard document, shall be deemed to be a reference to the amended or replacement legislation.Such amendment or replaced legislation shall be applicable during the Contract Period, provided the amendment or replacement occurred more than 28 days prior to the closing date for tenders, in terms of Clause 6.8.4 of the GCC2015, as amended in Part 1 of the Contract Data.

C3.4.22.2 The Occupational Health and Safety ActThe Contractor shall be required to comply with the Occupational Health and Safety Act, 1993, and the Construction Regulations 2014. Non-compliance with these regulations in any way whatsoever will be adequate reason for suspension of the Works.The proposed type of work, materials to be used and hazards likely to be encountered on this Contract are detailed in the Scope of Work, Pricing Instructions and Drawings. The Employer’s Health and Safety Specifications are included in the Annexure.The Contractor shall, in terms of Sub-clause 5(1) provide a comprehensive health and safety plan, detailing his proposed compliance with the Regulations, for approval by the Employer.

C3.5 SPECIFICATION DATA




The Specification Data gives amendments and additions to the specifications that are listed in the List of Applicable Specifications. Clause headings are prefixed by the letters "PS" followed by alphabetic and numeric characters which identify the specification and main clause of the applicable specification. Where the Specification Data sub-clause is an addition and there is no appropriate clause in the applicable specification to which to link it, a new clause number is given following the last clause number used in the specification. New clauses are followed by an asterisk (*).Should any requirement of the Specification Data conflict with any requirement of the specifications listed, the requirement of the Specification Data shall prevail. Where the context requires, words importing the singular also include the plural and vice versa, and words importing the masculine gender also include the feminine and neuter.

C3.5.1 LIST OF APPLICABLE STANDARDIZED SPECIFICATIONSSABS 1200 A GeneralSABS 1200 AB Engineer’s OfficeSABS 1200 C Site ClearanceSABS 1200 D EarthworksSABS 1200 DB Earthworks (Pipe Trenches)SABS 1200 DK Gabions and PitchingSABS 1200 G Concrete (Structural)SABS 1200 GE Precast Concrete (Structural)SABS 1200 HA Structural Steelwork (Sundry Items)SABS 1200 L Medium-pressure PipelinesSABS 1200 LB Bedding (Pipes)SABS 1200 LE Stormwater Drainage

C3.5.2 LIST OF APPLICABLE VARIATIONS TO SANS 1200 SPECIFICATIONSPSA GENERALPSAB ENGINEER’S OFFICEPSD EARTHWORKSPSDB EARTHWORKS (PIPE TRENCHES)PSDK GABIONS AND PAITCHINGPSG CONCRETEPSL MEDIUM PRESSURE PIPELINESPSLB BEDDING (PIPES) PSLE STORMWATER DRAINAGE

C3.5.3 LIST OF APPLICABLE PARTICULAR SPECIFICATIONS

SPEC PDA DAYWORKS




SPEC PAM HEALTH AND SAFETY SPECIFICATIONSPEC PAS STEEL PIPES, SPECIALS, COATINGS AND LININGSSPEC PAV VALVESSPEC PDA QUALITY CONTROL AND ASSURANCE SYSTEMSSPEC PEM ENVIRONMENTAL MANAGEMENT




PART C4SITE INFORMATION

C4.1 Site Information




C4.1: SITE INFORMATIONLocality

Figure 1 is a layout showing the locality of Nsezi Water Treatment Works.FIGURE 1: Locality Plan.

The project area is located within the fenced area of the Nsezi Water Treatment Works (WTW). The Nsezi WTW are in Richards Bay located near the Nsezi lake and behind the Mondi Mill; coordinates 28º44’58” S and 31º58’58” E




PART C5SPECIFICATIONS BOUND INTO THE DOCUMENT

C5.1 General Specifications




C 5.1 GENERAL SPECIFICATIONS

C3.5.1 EXISTING SERVICESItems have been allowed in the Bills of Quantities for dealing with and protecting existing services where they are known. The Contractor shall however ensure that prior to construction all the necessary Record Drawings and Way-leaves for all services have been obtained and verified on site by the relevant Service Providers in his presence. The Contractor must request in writing the relevant official(s) to indicate the said services within 5 working days prior to commencement of work, after which the responsibility rests with the Service Department if the services are not indicated to the Contractor as requested.The Contractor shall take whatever extra precautions are required to protect all existing services from damage during the period of the Contract. The Contractor shall make use of hand excavation to expose services. Any damage to existing services indicated by the relevant service providers or other damage as a result thereof, shall be for the Contractor’s account.

C3.5.2 SURVEY BEACONS AND BENCHMARKSThe Contractor shall be responsible for the preservation of all land survey, erf or other pegs, benchmarks and beacons. If damage or disturbance of any such pegs or beacons is caused by the operations of the Contractor or his subcontractors, the pegs are to be replaced by a Registered Land Surveyor at the cost of the Contractor. Benchmarks will be replaced by the Engineer at the Contractor’s expense.Information regarding the position of all such pegs will be made available to the Contractor by the Engineer on request.The Contractor is to ensure that no spoil is placed over an erf peg or benchmarks and that these are adequately protected for the full duration of the Contract.Where disturbances of boundary pegs is unavoidable due to excavation or other operations adjacent to the pegs, the Contractor shall advise the Engineer or his Representative immediately, and agreement is to be reached that the disturbance of the peg is unavoidable and a strict record of such disturbed pegs is to be kept. Such pegs are to be replaced by a Registered Land Surveyor as described above and the Contractor is to submit proof of the cost of replacement of pegs. The Contractor will be reimbursed on a basis pro-rata to the total cost of peg replacement determined on completion of the Works.

C3.5.3 FEATURES REQUIRING SPECIAL ATTENTIONThe Contractor is referred to SANS 1921: 2004: Construction and Management Requirement for Works Contracts, Part 1: General Engineering and Construction




Works. These specifications shall be applicable to the contract under consideration and the Contractor shall comply with all requirements relevant to the project.

C3.5.3.1 Work Within Demarcated Areas OnlyThe Contractor shall ensure that all his activities take place within the demarcated areas only. No work or activities may take place outside of the demarcated areas and any damage of whatsoever nature caused by the Contractor outside of the demarcated areas shall be the sole responsibility of the Contractor, who shall bear all and any associated costs.A working width of 25m shall be allowed along the length of the pipeline routes, except where otherwise shown on the drawings. The Contractor shall confine all his activities to within this 25m width.

C3.5.4 GUARANTEESThe Contractor shall be liable for, and shall guarantee, all work undertaken by him under the terms of the Contract and for the period of Defects Liability.The Contractor shall accept and have full responsibility for the adequacy and compatibility of all items of plant and equipment required under this contract.

C3.5.5 SECURITYThe Contractor shall provide security watchmen for the contract as he deems fit at no extra cost to the Employer. This will include for all materials, temporary works and barricading. The Contractor must ensure that all his employees as well as the employees of his subcontractors are able to identify themselves as members of the construction team. The Contractor’s rates will be deemed to allow for all related activities and equipment

C3.5.5.1 PLANT AND MATERIALSC3.5.5.2 Plant and Materials Supplied by the Employer

The Employer shall not supply any plant for use on this contract. The Contractor shall provide all plant.

C3.5.5.3 Materials and SamplesWhere material to be used in this contract is specified to comply with the requirements of a South African National Standard Specification and such material is available with the official SANS (SABS) mark or similar equivalent, the material shall bear the official mark.The Contractor shall supply samples of sufficient size of proposed bedding and concrete materials, as applicable, to a SANS accredited laboratory for testing prior to any such materials being used. Only materials that comply with the specifications may be used. No separate payment shall be made for the testing of materials, the cost of which shall be deemed to be covered by the rate for the relevant items.Copies of all test results shall be given to the Engineer for his approval.

C3.5.5.4 Equipment Provided by the Employer




It is envisaged that no equipment will be provided by the Employer. In the event that the Employer does provide equipment, the Contractor shall take full responsibility for the handling, storage, protection and installation of the equipment from the moment that the equipment is handed over to him, as if the Contractor had provided the equipment.

C3.5.5.5 Construction EquipmentAll construction equipment used on this contract shall be in good working order, well maintained, of adequate size and fit for purpose. No machinery that leaks oil, fuel or hydraulic fluids may be used on site.Any plant or equipment that, in the opinion of the Engineer, is not of adequate size or fit for use shall be removed from site and replaced with acceptable plant or equipment, all at the Contractor’s cost.

C3.5.6 EXISTING SERVICESC3.5.6.1 Known Services

Known services in the area are shown on the layout plans and long sections. The information regarding existing services is given in good faith without guarantee.All known services in the area are indicated on the drawings and/or will be pointed out to the Contractor. There may be services which are unknown or have inadvertently been left out.

C3.5.6.2 Treatment of Existing ServicesThe relevant authority or other service provider, as applicable, shall be contacted to assist the Contractor in the location of all existing services that cross the Project area. Immediately after establishing on Site, the Contractor must open up all known services, where they will be affected by construction, by hand and using special equipment where necessary, under strict supervision and with diligent care. An item to provide for this is included in the Schedule of Quantities. The Engineer must be informed as the services are opened for inspection, to measure the depth and to verify the type, position and dimensions of the service. This must be done early during the contract period so that changes in design, which may become necessary, can be planned and arranged in good time. No extensions of time will be considered by the Engineer arising from the failure of the Contractor to comply with this clause. Damage to existing services must be made good by the Contractor. Services exposed in the excavations shall be protected from construction damage and vandalism by suitable wrapping or other protective measures.

C3.5.6.3 Damage to ServicesAny known services damaged by the Contractor shall immediately be reported to the relevant service authority. The cost of repair of these services will be for the Contractor’s account. Known services include those services shown on the drawings




as well as services not shown on the drawings but the presence of which can be reasonably expected or determined on site.Should the Contractor be responsible for repairs to be carried out by an outside organisation, such costs will be recovered from the Contractor. This will be recovered from a monthly Payment Certificate if necessary.Any unmarked or unknown services that may be damaged shall immediately be reported to the relevant service authority. The repair cost for such services will not be the Contractors’ responsibility. In the event that the Contractor is requested to repair the damaged service, he shall submit the actual cost of repair with his next claim for payment and shall be paid the actual cost plus 10%.Whenever it is necessary to disrupt essential services e.g. when excavating in the vicinity of a power line, the Contractor must liaise with all relevant authorities and the Engineer to obtain approval for proposed activities and their programming.

C3.5.6.4 Connection to Existing Services

Fourteen (14) days written notice shall be given to the Engineer and to the Employer of intention to connect to any existing service or structure. Such connection may only be undertaken once written approval is granted. The work to connect to existing services may have to be done outside of normal working hours to accommodate the requirements of the Employer. Allowance for this must be made in the tendered rates as no additional payments shall be made in this regard.

C3.5.7 SITE ESTABLISHMENTC3.5.7.1 Service and Facilities Provided by the Employer

C3.5.7.1.1 Source of Water SupplyWater for construction is available from the existing reticulations and/or the project area. The Contractor shall make his own arrangements with the relevant authority and pay all installation and usage charges for a water supply for his needs. To this end the Contractor shall provide and make use of a metered connection at a position(s) and in a manner agreed with the relevant authority. The meter shall be read on a weekly basis and the usage recorded.The Employer accepts no responsibility for the shortage of water due to any cause whatsoever, nor additional costs incurred by the Contractor as a result of such shortage.The Contractor shall make himself thoroughly acquainted with the regulations relating to the use of water and shall take adequate measures to prevent the wastage of water.The Contractor shall take note that no direct payment will be made for any costs incurred for the provision of a water supply point(s) nor for the cost of water drawn. Payment for the aforementioned shall be deemed to be covered by the rates and prices tendered and paid for the various items of work included under the Contract.




C3.5.7.1.2 Source of Power SupplyElectrical power is only available at the project area. The Contractor shall make his own arrangements with the relevant authority and pay all installation and usage charges for a metered electrical supply for his needs.The Employer accepts no responsibility for the interruption of the power supply due to any cause whatsoever, nor additional costs incurred by the Contractor as a result of such interruption.No direct payment, other than provided for under the preliminary and general items, shall be made for any costs incurred for the provision of a power supply. The cost of supplying electrical power will be deemed to be covered by the relevant items.

C3.5.7.1.3 Location of Camp and Materials Storage AreaAn area for a campsite and materials storage area shall be agreed with the Employer. Employer will identify a site area near the project area and close to municipal borrow pit if possible. The Contractor may erect his site offices and materials storage depot within the demarcated boundaries of the area. The Contractor shall confine his camp and storage of materials to the areas designated.A suitable perimeter fence should be erected to prevent the entry of domestic stock, wild animals or unauthorized entry and to ensure that the camp is adequately secured against theft. The Contractor shall provide sufficient storage area for all tools, small equipment and materials, and will be responsible for the safekeeping thereof.The site and materials storage area shall at all times be kept in a clean, dry and tidy condition. Temporary buildings and fencing shall be neat and presentable and the surrounding area shall, at all times, be kept in a neat, clean and orderly condition. Scavenger-proof litter containers to be provided on site and paper and plastic packaging shall be collected daily and binned so that they cannot be blown onto the surrounding property.Precautions to be taken against hydrocarbon spillage from heavy equipment such as compressors and generators, e.g. through the use of sand or sawdust filled drip trays. If maintenance and refuelling activities take place in this area, adequate protection and clean-up mechanisms in the event of a spill must be in place. All contaminated material (including soil) to be disposed of at a registered waste site. All toxic materials (cement, oil, petrol, diesel, etc.) used at or stored in the construction camps should be very strictly controlled and secured against theft at all times.The Contractor shall not cut down or damage trees without the prior written permission of the Engineer. If any vegetation is damaged or destroyed during the construction period, the damaged areas should be re-vegetated using indigenous plants that are native to this area.On completion of the construction works, the area shall be re-instated to its original condition.No persons, other than a night watchman, may overnight at the campsite.




C3.5.7.1.4 HousingNo housing is available and the Contractor shall make his own arrangements to house his employees and transport them to and from the site.

C3.5.7.1.5 Disposal SiteAll material cleared on the site, rubble, spoil and refuse shall be disposed of at the regional general waste site approved by the engineer.

C3.5.8 SITE USAGEThe Contractor shall confine his activities to the site of the works and to the area allocated to him for his site offices and materials storage. The Contractor may not use or damage in any way any area that falls outside the boundaries of the site. Any area damaged by the Contractor outside the site boundaries shall be rehabilitated to the satisfaction of the Engineer at the Contractor’s expense.

C3.5.9 SURVEY CONTROL AND SETTING OUT OF THE WORKSSurvey pegs and reference marks shall be pointed out to the Contractor. The Contractor is solely responsible for the setting out of the works from the pegs and reference marks. The Contractor is also solely responsible for the protection of the pegs and reference marks. The Contractor’s attention is specifically drawn to the requirements of SANS 1200 A: General, Clause 5.1 Survey, in this regard.The Contractor shall be responsible for the preservation of all land survey, erf or other pegs, benchmarks and beacons. If damage or disturbance of any such pegs or beacons is caused by the operations of the Contractor or his subcontractors, the pegs are to be replaced by a Registered Land Surveyor at the cost of the Contractor. Benchmarks will be replaced by the Engineer at the Contractor’s expense.Information regarding the position of all such pegs will be made available to the Contractor by the Engineer on request.The Contractor is to ensure that no spoil is placed over any erf peg or benchmarks and that these are adequately protected for the full duration of the Contract.Where disturbances of boundary pegs is unavoidable due to excavation or other operations adjacent to the pegs, the Contractor shall advise the Engineer or his Representative immediately, and agreement is to be reached that the disturbance of the peg is unavoidable and a strict record of such disturbed pegs is to be kept. Such pegs are to be replaced by a Registered Land Surveyor as described above and the Contractor is to submit proof of the cost of replacement of pegs. The Contractor will be reimbursed on a basis pro-rata to the total cost of peg replacement determined on completion of the Works.

C3.5.10 DEALING WITH TRAFFIC AND ACCESS




The Contractor shall liaise with all the relevant authorities/persons regarding construction where it affects public/private right of way on roads, access to properties etc. Where alternative arrangements cannot be made, roads shall be crossed in half widths to allow for safe passage of traffic.All the relevant requirements regarding the latest edition of the South African Traffic Signs Manual shall be adhered to. Specific attention shall also be paid to the requirements of the uMhlathuze Municipality and KZN Department of Transport regarding signs for road closures, deviations, warning signs, etc.

C3.5.11 QUALITY CONTROLAn item for independent quality tests required by the Engineer is included in the Schedule of Quantities.

C3.5.12 ACCOMMODATION OF TRAFFIC, ACCESS TO PROPERTIES AND BORROW PITSThe tendered sum for the item ‘accommodation of traffic’ in the Preliminary and General section of the Schedule of Quantities shall cover all the Contractor’s costs of the supply, construction and maintenance of a gravel wearing course on detours, by-passes, existing gravelled roads and access roads to borrow pits required by the Contractor for his construction operations. The sum shall also include removal of all such temporary roads on completion of the Contract plus grassing of these areas and any necessary erosion control measures as determined by the Engineer. All the necessary authorities are to be given adequate advance notice if necessary.The Contractor shall ensure that all roads adjacent to or crossing the Site and which are affected by the Works and/or Temporary Works and by the Contractor’s activities at the borrow area, are kept in a safe condition for pedestrians and vehicular traffic.Accommodation of vehicular and pedestrian traffic shall be performed in accordance with Sections D and DB of SABS 1200. The Contractor shall organise his work so as to reduce the inconvenience to traffic to a minimum, and no public road shall be completely closed without prior approval by the Engineer. The Contractor shall provide and maintain in proper condition all necessary barricades, lights, warning signals and all direction signs necessary to enable traffic to follow the routes of diversion throughout their length. The Contractor shall provide flagmen at all deviations and/or obstructions.All signs shall be in two languages as may be advised by the Employer and all traffic signs and control traffic shall be in accordance with the South African Road Traffic Signs Manual. The Contractor shall provide temporary bypasses where necessary to provide access for vehicular and pedestrian traffic.It is a condition of this Contract that gravel on detours, bypasses and existing gravelled roads shall only become the subject of payment in terms of the Specifications when such gravel wearing courses are constructed to accommodate public traffic in accordance with a written order from the Engineer.




C3.5.13 DEALING WITH WATER ON THE WORKS Ground water can be expected in the project area. The Contractor shall provide adequate measures in the form of well points, sumps, pumps, temporary pipework and all other necessary equipment and measures to remove water from the trenches to enable work to take place. Dewatering will most probably be required 24 hours per day until such time as backfilling has been completed in order to prevent the pipes from floating in the trenches.Where necessary, the Contractor shall construct temporary drainage channels/berms to divert ground water from his excavation and excess water pumped out. No compensation for any variation of the actual conditions during construction from the data will be considered. Neither will additional compensation be considered for data omitted or inaccurately given. The rates tendered shall allow for the requirements of this clause and all incidentals.




C3.5.14 PROTECTION AGAINST FLOODINGThe Contractor shall take the necessary temporary precautions to direct storm water away from his excavations. See Sub-clause 1.3.11.1 of Section A of Part 3 and Sub-clause 3.2.4 of Section D of Part 2 of SANS 0120. The rates tendered shall allow for the requirements of this clause and all incidentals.

C3.5.15 TEMPORARY STOCKPILING AND SPOILThe Contractor shall remove and stockpile the sandy/clayey soil upper layers (approximately 1 – 1,5m deep) for later reuse, if requested. Care shall be taken to ensure that this soil is not contaminated by any other material. If space is not available to stockpile the sandy/ clayey soil in the project area without danger of the material being contaminated, the soil shall be removed and stockpiled at remote locations approved by the Engineer in writing.

Any shortfall in the sandy soil material due to the stockpiles being contaminated shall be made up with approved imported material at the Contractor’s expense.The Contractor shall obtain the Engineer’s written approval prior to the disposal of any surplus or unsuitable material prior to the temporary stockpiling of any selected material from excavation. Material from excavation shall only be spoiled or temporarily stockpiled on sites approved by the Engineer in writing.

C3.5.16 DUST CONTROLThe Contractor shall apply water using a water tanker at regular intervals to access and construction roads where dust is causing a nuisance. The application rate should be sufficient to keep the routes dust free during the movement of construction equipment.

C3.5.17 FEATURES REQUIRING SPECIAL ATTENTIONC3.5.17.1 Safety Regulations

Both the “Factories, Machinery and Building Work Act (Act 22 of 1941)” and the “Machinery and Occupational Health and Safety Act (Act 6 of 1983)” must wherever they appear in the SABS 1200 standardized specifications, be substituted by the “Occupational Health and Safety Act (Act 85 of 1995)”.

C3.5.17.2 Health and SafetyThe Site of the Works is project area. Special care should be taken to instruct workers of the potential health and safety hazards likely to be encountered when working on such a Site.




Venomous snakes and crocodiles, including mambas, cobras and boomslangs, may found on the Site of the Works. Workers must be warned of the possibility of encountering these snakes and warned not to disturb them.

C3.5.18 RECORD DRAWINGSAs the work progresses, the Contractor shall keep full sets of records of all the true levels, sizes and positions of structures as well as all amendments to and deviations from the drawings issue by the Engineer from time to time. This information must be submitted monthly with the Contractor’s claim for payment. A separate set of drawings will be issued to the Contractor for this purpose. The completion certificate shall only be issued after the Engineer has received a properly completed set of “record” drawings from the Contractor. No separate payment shall be made for this service as all costs related thereto shall be deemed to be included in the rates for the relevant items.

C3.5.19 DAMAGE TO PRIVATE PROPERTYSections of the Site will be through private agricultural land (sugar cane fields)The Contractor will be responsible for any damage to crops, fencing, structures, etc. caused by his activities on Site. The Contractor must obtain permission from land owners where necessary, for the removal of fences and must erect temporary fences or gates in these openings during the construction period. The permanent fencing must be replaced as soon as possible and must comply with at least the original product. It is essential that the least inconvenience to private property be caused during the construction period.All such sites shall be left in the same condition as they were found initially, on completion of the construction work.

C3.5.20 FELLING OF TREESThere may be trees that are within the proposed site. The Contractor must ensure that all the necessary safety procedures are followed during the felling process. Some of the plants on site may be protected species. These will be identified by the Engineer and may have to be transplanted.

C3.5.21 OVERHAUL AND FREE HAULNo payment will be made for overhaul on this contract unless provision is made therefore in specific items. All haul inside the boundaries of the site is regarded as free haul. Rates for importation of materials from commercial sources will be deemed to include cost for haulage.

C3.5.22 DISPOSAL OF SPOIL OR SURPLUS MATERIAL




The Contractor is responsible to arrange for the necessary permission and to spoil all surplus and unsuitable material, as well as other objectionable material at a legal site of his choice. He shall be responsible for all arrangements necessary to obtain such spoil sites.

C3.5.23 IMPORTATION OF BEDDING AND BACKFILL MATERIALThe importation of suitable bedding and backfill material is the sole responsibility of the Contractor. All imported material shall be deemed to be from commercial sources and will be paid for in the rates tendered.

C3.5.24 EXCAVATION MEASUREMENTSAll excavations shall be measured nett. The rates tendered shall therefore include for any overbreak, additional haulage and disposal of overbreak, and filling of overbreak as specified.

C3.5.25 FINISHING AND TIDYINGOn no account must rubble and spoil materials, other materials, equipment or unfinished operations be allowed to accumulate in such a manner as to unnecessarily impede the activities of other Contractors or Authorities.Finishing and tidying must not simply be left until the end of the construction period. The Contractor may, subject to prior agreement with the Engineer and within reasonable limits, request that work in a particular area and/or work of a particular discipline, be inspected for partial completion. Partial completion shall not entitle the Contractor to Practical Completion of the partially completed work. A Certificate of Practical Completion shall only be issued once the entire Works have reached Practical Completion. On completion of the Contract the Contractor shall ensure that all materials used in the construction of the temporary Site Office, workshop and storage yard are removed from Site. Waste material such as construction debris and soil contaminated with oil and fuel are to be disposed of at a suitable appropriately licenced waste disposal site. Proof of disposal shall be given to the Engineer.Prior to the Handover of the Site to the Employer, the Contractor and the Engineer will conduct a post construction audit to determine if any additional measures are to be taken. The Completion Certificate will only be issued after this stage





C5.2 Variations and Additions to Standard Specifications




C5.2 Variations and Additions to Standard SpecificationsThe various documents listed in Section C5.1 and C5.3 shall be treated as mutually explanatory. However, should any requirement of Section C5.2 conflict with any requirement of the Standardised Specifications or any requirement of the Particular Specifications, then the requirement of Section C5.2 shall prevail.

The following variations and additions to the Standard Specifications will be applicable to this Contract.


PSA GENERAL (SABS 1200 A)

PSA2 INTERPRETATIONS

PSA 2.7 SPECIFICATION DRAWINGS (Clause 2.7)

Specification Drawings are included in this document as annexures to the Project and Particular Specifications. Where such Specification Drawings depict items and standard structures according to layouts and details differing from those shown in the Standardised Specifications, the layouts and details shown in the Annexures to the Project and Particular Specifications shall prevail.

PSA2.8 ITEMS IN BILL OF QUANTITIES (Principle :Sub-clause 2.8.1)Amend the first sentence as underlined below :-“….. stated in the relevant Sub-clause of Clause 8 of the applicable Standardized Specification or in the Measurement and Payment clause of the applicable Standard Specification, Particular Specification Section or Project Specification in addition to the cost of the Contractor …..”

PSA 3.1 QUALITY (Clause 3.1)

The Contractor shall institute a quality assurance system to demonstrate compliance with the requirements of the Contract. The Engineer shall be entitled to audit any aspect of the system.

Details of all procedures and compliance documents shall be submitted to the Engineer for information before each design (if specified) and execution stage is commenced. When any document of a technical nature is issued to the Engineer, evidence of the prior approval by the Contractor himself shall be apparent on the document itself.

The Contractor shall:

1.1_ supply a Quality Plan and Quality Program at the time of tendering, both of which are subject to acceptance by the Engineer,

1.2_ maintain Quality Control records in accordance with the Quality Plan during execution of the contract. Such records shall be available to the Engineer or his representative at each Quality Surveillance visit,

1.3_ mark or securely label each component with a unique identification; and

1.4_ carry out such tests as are required to ensure compliance with the Specification

The cost of Quality Control shall be inclusive in the Contractor’s tender price.

Compliance with the quality assurance system shall not relieve the Contractor of any of his duties, obligations or responsibilities under the Contract.

Any approval, check, certificate, consent, examination, inspection, instruction, notice, observation, proposal, request, test or similar act by the Engineer (including absence of disapproval) shall not relieve the Contractor from any responsibility he has under the Contract, including responsibility for errors, omissions, discrepancies and non-compliances.

CONTRACT MW/15/2014 Page 265

PSA4 PLANT

The requirements of the applicable SANS 1200 Specification and/or Project Specification shall apply.

PSA5 CONSTRUCTION

PSA5.1 SURVEY

PSA5.1.1 Setting out of the Works

The Contractor is responsible for the setting out of the Works from the information given on the drawings or from information provided by the Engineer.

Benchmark data will be given to the Contractor timeously.

Benchmarks that are to be disturbed by the temporary or permanent works must be referenced by the Contractor, prior to the disturbing thereof, at the Contractor's cost. . All reference pegs shall be set in concrete and placed in positions where these will not be disturbed during the execution of the Works.

PSA 5.1.3 Setting-out and Construction Tolerance Control

The Contractor will be required to issue to the Engineer in writing certification of construction accuracy at each of the following construction phases, before continuing with the next phase of construction:

1. Setting out of Works2. Trench excavation3. Pipe Invert levels4. Foundation and floor levels of structures

The Contractor shall only continue with the next phase of construction when directed by the Engineer in writing.

Should any item or section of the Works be constructed outside the limits of tolerance specified, instruction for remedial or other measures will be issued by the Engineer. The Contractor will not be permitted to continue with the next phase of construction until remedial work has been completed to the satisfaction of the Engineer.

No claim for loss in material, production or time resulting from the Contractor’s work being constructed outside the limits of tolerance specified, will be entertained.

PSA5.5 DEALING WITH WATER ON THE WORKS (Sub-clause 5.5)

The Contractor's attention is drawn to the fact that, apart from normal dealing with stormwater and seepage water which may influence the construction of the temporary or permanent Works, special arrangements and de-watering measures will have to be made to control and/or remove water for the protection of excavations:

PSA5.8 GROUND AND ACCESS TO THE WORKS


The Contractor shall provide temporary access to the Works and to the dumping areas / spoil site, as may be required by him and to the approval of the Engineer. Temporary access tracks will be restricted to minimise environmental damage.

PSA5.9 SOURCE OF WATERExcept as provided for in of the Particular Conditions of Contract, the Contractor is responsible under the Contract for the supply and distribution at his cost of all water that he may require for purposes of constructing, testing and commissioning the Works.

Accordingly, the Contractor shall pay all consumption charges, and at his cost provide all connections, consumption meters, pipework, storage tanks, transport and other items associated with the supply of water for the Works. All connections to pipelines of a municipality (or its provider) shall be at points and to standards approved by the Engineer and that municipality or designated provider.

Connections to the local municipality’s municipal network and the associated meter installations should be arranged with them.

PSA5.10 SOURCE OF POWER SUPPLYThe Contractor is responsible under the Contract for the supply and distribution at his cost of all electricity that he may require for purposes of constructing the Works. Accordingly, the Contractor shall pay all consumption charges, and at his cost to provide all connections, transformers, consumption meters, cables, distribution boards and other items that are associated with the supply of electricity for construction of the Works.

The Contractor shall, subject to the approval of the Engineer, make any necessary arrangements with the relevant authority for the requisite connection(s). The distribution of electricity shall be in accordance with the applicable bylaws and regulations of the supply authority.

PSA5.11 SANITARY FACILITIES

The Contractor shall make his own arrangements for the provision of chemical toilets and other sanitary and water disposal facilities for his or his Subcontractor's staff. Ablution facilities shall be kept hygienic at all times. In addition, the Contractor shall at all times during construction of the Works provide adequate sanitary facilities on site so that all employees are at all times within easy reach of sanitary facilities.

PSA5.12 HOUSING

The Contractor will not be permitted to house any personnel within his camp site(s).

PSA5.13 FACILITIES FOR CONSTRUCTION WASTE

The Contractor shall make suitable enclosed containers available for the storage of all construction waste (i.e. whether it be in the camp or on the construction site).


The Contractor shall ensure that these containers are emptied at the local solid waste site.

PSA5.14 SECURITY

The cost for providing security against theft and vandalism will be held to be included in the all tendered rates. The contractor is responsible for all the work before the hand-over of the infrastructure. No separate payments will be made for this work.

PSA 7 TESTING (Clause 7)

PSA 7.5 TEST RESULTS

All test results obtained by the Contractor in the course of his process control of the Works shall be submitted to the Engineer or his Representative prior to requesting inspection of the relevant portions of the Works. Any request for inspection shall be submitted on the prescribed forms appended as annexures to these Specifications.

PSA 7.6 PROCESS CONTROL

The Contractor shall make suitable arrangements for process control prior to commencement with the Works. Should he intend using site personnel for this purpose he shall ensure that suitably trained and competent personnel take charge of the necessary test work, and that the necessary equipment is at their disposal prior to commencement of the Works. Failure to comply with these requirements shall be just cause for the Engineer to order suspension of the Works without additional remuneration in terms of Clause 5.11 of the Conditions of Contract, or for him to recommend termination to the Employer in terms of Clause 9 thereof.

PSA 7.7 QUALITY ASSURANCE PROGRAMME

The Contractor shall deliver to the Engineer, for his consideration, quality assurance programmes (as obtained from all the Contractor’s proposed suppliers of pipes, valves and specials) prior to the Contractor’s appointment of any suppliers

PSA 7.8 SITE RECORD BOOK

An approved quality A4 size triplicate copy, site record book shall be kept in the construction site office and be accessible to the Engineer at all times.

Compliance with these requirements is deemed to be included in the Contractor’s tendered rates.

PSA 8 MEASUREMENT AND PAYMENT


PSA 8.1.1 Method of Measurement, All Sections

Amend 8.1.1 as underlined below :

"Except where otherwise specified in Clause 8 of a Standardized Specification or in the Measurement and Payment clause of an applicable Standard or Particular Specification section or in the Project Specification or in the Preamble to the Schedule, all items ........"

PSA 8.2 PAYMENT

PSA 8.2.1 Fixed-Charge and Value-Related Items (Subclauses 8.2.1 and 8.3)

The tendered sums for the fixed-charge items in the P&G Section of the Bill of Quantities shall not be subject to any variation if the actual value of the work done exceeds or falls short of the Tender Sum within the limits stated in the General Conditions of Contract.

PSA 8.2.2 Time-Related Items (Subclauses 8.2.2)

Add the following Clause after the 1st paragraph:

The tendered sum for each relevant time-related item in the P&G Section of the Bill of Quantities shall be appropriately adjusted pro rata to any certified reduction to the Time for Completion of the Works, in full settlement of any time-related costs.

Payment for the sums tendered for the above said time-related items will be adjusted on the basis of the total for each item being calculated as follows:

P = C x Te/Tt, wherein

P = Adjusted amount certified for payment under the relevant time-related item;

C = Amount tendered for the relevant time-related item, appropriately adjusted (when applicable), for the designated operation;

Tt = Time for Completion as stated in the Contract Document; and

Te = Time for Completion (Tt) minus any reduced time for completion certified, up to the date of the substantial completion of the Works as certified by the Engineer in terms of the General Conditions of Contract;

and provided that for any time-related item which relates to a duration of construction as specified in the Bill of Quantities, the term "time for completion" in the description of the above formula shall be held to be substituted by the term "duration of construction".

The final amount paid under the time-related items in accordance with the above formula will be taken to be an agreed amount in full compensation for time-related charges adjusted for varied time for completion. The adjusted sums will however be subject to contract price adjustment if applicable to the Contract.

Delete the following:

“NOTE: An approved extension of time …. , as applicable”

and replace with


“NOTE: Payment for approved extensions of time will be dealt with in terms of Clause 48 of the General Conditions of Contract.”

PSA 8.2.5 MONTHLY PROGRESS PAYMENT CERTIFICATES

Monthly progress payment certificates shall be submitted to the Engineer's Representative on site on the 20th day of the calendar month in which the work was done to allow for reconciliation of all quantities, rates, extensions and additions in the certificate. Upon approval by the Engineer's Representative, the certificate shall be submitted in typed form to the Engineer before or on the 28th day of each month of the month of measurement, together with the required number of copies, for certification. It will be assumed that the Contractor has made adequate provision in the prices tendered for manufacture/supply, delivery, assembly, installation and commissioning of all necessary aids required to execute the contract. The certificates shall be according to the standard format included in the annexures to these specifications.

The Contractor shall complete the ‘Contractor’s Month Report Schedules’, which pro forma documentation is obtainable from the Employer. Pursuant to Sub-Clause (1), these, duly signed by all concerned, together with the Contractor’s statement and a VAT invoice in original format are to be submitted to the Engineer. Issue by the Engineer to the Employer and Contractor of any signed payment certificate is conditional to this information being fully endorsed, accurately and timeously submitted to the Engineer.

Where dayworks have been instructed by the Engineer, the Contractor shall submit the returns to the Engineer for signature and approval within twenty-four (24) hours of the end of the working day on which the work was executed. Daywork returns shall be submitted on forms included in the annexures to the Specifications. Claims for dayworks will not be entertained by the Engineer where prior approval for work to be done under Dayworks has not been obtained from the Engineer. The Contractor shall also give the Engineer at least 48 hours prior notification that work to be done under Dayworks, is to commence.

PSA 8.3 SCHEDULED FIXED CHARGED AND VALUE-RELATED ITEMS

Add the following to Clause 8.3.2.1:

a) Carports Unit: Sum

PSA 8.4 SCHEDULED TIME-RELATED ITEMS

Add the following to Clause 8.4.2.1:

e) Carports Unit: Sum

Add the following to items:

PSA 8.4.6 Compliance with Health and Safety Specification for the duration of the Contract

Unit: Sum


The rates and prices tendered by the Contractor shall be deemed to include all costs for conforming to and maintaining the requirements of the Act, the Construction Regulations and the Employer’s Health and Safety Specification as applicable to this contract. (See Particular Specifications for Health and Safety)

Should the Contractor fail to comply with the provisions of the Construction Regulations, he will be liable for penalties as provided in the Construction Regulations and Employer’s Health and Safety Specification.”

PSA 8.4.7 Compliance with Environmental Specification for the duration of the Contract

Unit: SumThe rates and prices tendered by the Contractor shall be deemed to include all costs for conforming to and maintaining the requirements of the Environmental Management Plan as set out in the Particular specifications.

Should the Contractor fail to comply with the provisions of the Environmental Management Specification, he will be liable for penalties as provided in the Environmental Management Plan (See Particular Specification for Environmental Management)

PSA 8.8.7 As-Built SurveyUnit: Sum

As-built information/Survey is to be provided for all the Works.

This information must be certified as a true and correct reflection of the finished works and must be provided in hard copy and electronic format. The electronic format required is AutoCAD, .dwg or dxf files.

The price tendered for carrying out such work shall be inclusive of all costs, albeit indirect or direct, to the Contractor. The survey must be carried out by an independent surveyor but he need not be a registered Land Surveyor.

Further, no Certificate of Completion of Works or portion of the Works shall be issued until such time as the Contractor provides the Engineer with this information.


PSAB ENGINEER’S OFFICE (SABS 1200 AB)

NB Upon completion of the Works, the ownership of all of the items supplied below shall revert to the Contractor.

PSAB 3 MATERIALS

PSAB 3.1 NAME BOARDSNotwithstanding the provision of Sub-clause 3.1, two name boards plus two notice boards shall be erected and the boards shall comply with the format and size shown on the drawings which are bound in at the end of this document. On completion of the contract the Contractor shall remove the board at the end of the defects liability period.

PSAB 3.2 OFFICE BUILDINGS (Clause 3.2)

Office buildings shall be provided and maintained for the duration of the Contract. The following variations and additional to the requirements of SANS 1200 AB shall apply.

a) The office shall have a floor area of at least 25 m².

b) The minimum glazed area shall be 3,5 m².

c) The minimum window opening shall be 2,5 m².

d) Racks for hanging contract drawings shall be provided.

e) Carports with covered area not less than 36 m² and crushed rock floor.

f) One air conditioner unit with cooling and heating capacity of at least 2,5 kW

g) A meeting room capable of seating 10 persons. Furnishings shall include a table and chairs for 10 persons and one air conditioner unit with cooling and heating capacity of at least 2,5 kW

h) A lockable flush toilet including the following will be required.

i. Hand washbasin

ii. Paper towel dispenser

iii. Overhead water tank (min. 250l)

iv. Septic tank and soak away

PSAB 3.3 CONSUMABLES FOR THE ENGINEER AND STAFF

a) Tea and coffee shall be provided by the Contractor for the Engineer and the Engineer’s staff, at reasonable intervals throughout any working day for the duration of the construction period.

b) Paper towels


PSAB 4 PLANT & EQUIPMENT

PSAB 4.2 SURVEY EQUIPMENT

The Contractor shall provide the following survey equipment for the exclusive use of the Engineer on the Site from the commencementto the completion of the Works:

(a) 1 No. Engineer's automatic level with tripod;(b) 2 x levelling staffs graduated in 5 mm intervals with staff bubble;(c) 1 No. 3 m pocket tape (d) 1 No. 30 m Fibreglass measuring tape; and(e) 6 No. Ranging rods;(f) All steel pegs, shovels, picks, etc. which the Engineer's Representative

may require during the Contract.

The instruments may, by arrangement, be shared between the Contractor and the Engineer's Representative.

The Contractor shall maintain the equipment in good working order and keep it clean throughout the contract period. The Contractor shall keep the equipment continuously insured against any loss, damage, or breakage and he shall indemnify the Engineer and the Employer against any claims in this regard.

PSAB 4.3 FIRST-AID KIT AND PROTECTIVE CLOTHING

The Contractor shall provide on the Site of Works two first-aid kits to deal with accidents, illnesses and snakebite which may occur during the normal course of Site operations.

The Contractor shall provide 4 sets of safety helmets and rubber boots for the exclusive use of the Engineer and his staff.

PSAB 4.5 DIGITAL CAMERA

The contractor shall provide, insure and maintain for the full duration of the contract an approved digital camera.

PSAB 5 CONSTRUCTION

PSAB 5.1 NAMEBOARDS

Delete the words "on completion of the contract," and substitute it with :-"....by the end of the defects liability period, or at such other earlier time as the Engineer may instruct or approve."

PSAB 5.2 SERVICES FOR OFFICE AND ABLUTIONS

The Contractor shall provide, at his own cost, a constant supply of potable water and electric power to the Engineer’s office and ablutions.

PSAB 5.5 ENGINEER’S ASSISTANTS

One survey assistants shall be available to the Engineer at reasonable times during the construction period.

PSAB 8 MEASUREMENT AND PAYMENT


All measurement and payment for Engineer’s Office to be effected under SANS 1200 A 8.3 and 8.4.


PSC SITE CLEARANCE

Re-write item 8.2.5 as follows:

PSC 8.2.5 Take down existing fences and replace when works complete Unit: km

And the following:

The tendered rate shall also include for the replacement or re-erection of the fence when the works are complete.


PSD EARTHWORKS (SANS 1200 D)

PSD 2.3: DEFINITIONS

Replace the definition “Specified density” with the following:

“Specified density : The specified dry density expressed as a percentage of modified AASHTO dry density.”

Replace the definition “stockpile” with the following:

“Stockpile (Verb): The process of selecting and, as may be necessary, loading, transporting and off-loading material in a designated area for later use and a specific purpose.”

Add the following definitions:

“Fill: An embankment or terrace constructed from materials obtained from excavation or borrow. In roads it includes the earthworks up to the underside of the selected subgrade level.

Fill (material): Material used for the construction of an embankment or terrace.

Roadbed: The natural in situ material on which the fill, or in the absence of fill, any pavement layers, are to be constructed.

Payment line: means the excavation profile given on the Drawings or determined by the Engineer for the Temporary and/or Permanent Works and to which payment for excavation will be made.”

PSD 3: MATERIALS

Insert the following sub-clause:

“PSD 3.1.3: Method of Excavation

The method of excavation shall be at the discretion of the Contractor provided that the work complies with the specification and the following requirements and conditions:

(a) Excavations shall be confined within the limits defined by the drawings or as instructed by the Engineer;

(b) Surfaces in excavations shall at all times be formed to shed stormwater and groundwater without ponding; and

(c) No additional allowance above the Contract unit rates will be made on account of the excavated materials being wet.

(d) No additional allowance above the Contract unit rates will be made for shoring of trenches. The shoring of trenches in order to comply with safety regulations is to be included in the tendered rates.

(e) No blasting will be permitted to any excavations on the site. Rates for the excavation of hard material shall thus include for the excavation of this material using heavy plant, “wood-peckers” and/or other non-explosive techniques.


Where topsoil is to be removed prior to excavation, this will be considered a separate operation and will be measured as such. The Contractor or its representative shall jointly, with the Engineer, keep a record of the depths, dimensions and classification of excavation.”

PSD 5: CONSTRUCTION

PSD 5.1: PRECAUTIONS

PSD 5.1.1: Safety

PSD 5.1.1.1: Barricading and lighting

Delete the Sub-Clause and substitute with the following:

“Without diminishing any obligation which the Contractor may have in terms of any Act, Ordinance or other legislation, the Contractor shall ensure that all excavations by which the safety of persons may be endangered are protected as set out in Clause 13 of the General Safety Regulations of the Occupational Health and Safety Act, 1993 and that watchmen are employed to ensure that barricades, barriers and lights are effective at all times.”

PSD 5.1.1.2: Safeguarding of excavations

“In sub clause (a) delete the words "Machinery and Occupational Safety Act" in the third and fourth lines and substitute "regulations to the Occupational Health and Safety Act, 1993".

PSD 5.1.2: Existing Services

Add the following:

“In all cases where other services as shown on the drawings may interfere with excavations or where ordered by the Engineer, the Contractor shall carefully excavate by hand to expose, prove and mark the position of such service prior to the commencement of any main earthworks in the area.

Such exploratory work shall at all times be carried out well in advance of normal construction so that any possible changes to the design of the works necessitated by the proving of services, can be carried out without delay to the construction programme.

In all cases where underground power or telephone cables, watermains or other services are shown on the drawings, either crossing or adjacent to excavations, or where from site observations it can reasonably be accepted that such services are likely to exist where excavations are to take place, the Contractor shall, without instructions from the Engineer, carefully excavate by hand, to expose and prove position of such prior to the commencement of the main excavations in the area. The cost of this pilot trenching shall be included under the payment clauses provided for the main excavation. However, where any buried service is not located by the excavation of pilot trenches in the expected position, the Contractor shall immediately report such a circumstance to the Engineer who will decide what further searching or other necessary action is to be carried out and instruct the Contractor


accordingly. The cost of this additional searching shall be to the Employer's cost and will be paid for under item A8.8.4(c): Proving Existing Services.

Should any service be damaged by the Contractor in carrying out the Works and should it be found that the procedure laid down in this clause has not been followed then all costs in connection with the repair of the service will be to the Contractor's account.

The trench width required for proving of services need only be of sufficient width to enable the service to be exposed.”

PSD 5.1.2.4: Negligence

Replace the text of this sub-clause with the following :

“Any damage arising from negligence by the Contractor shall be made good at its cost to the satisfaction of the Engineer and/or the Authority concerned.”

PSD 5.2: METHODS AND PROCEDURES

PSD 5.2.1: Site Preparation

PSD 5.2.1.2: Conservation of Topsoil

Add the following:

"Topsoil that has been stripped on the instruction of the Engineer, shall be stockpiled and conserved for later use in designated temporary stockpile sites as specified in the Environmental Management Specification and as agreed with the Engineer. The area occupied by the stockpile shall be so shaped and tidied after removal of the stockpile that erosion by wind and weather is minimised. If required by the Engineer, the area shall be hydroseeded.

Topsoil stockpiles shall not exceed 1,5m depth."

PSD 5.2.2.3: Disposal Add the following:

“Where ordered by the Engineer, the Contractor shall dispose of excess excavated material in an approved municipal dump.”

PSD 5.2.5: Transport for Earthworks Delete Clauses 5.2.5.2 and replace with the following:

“PSD 5.2.5.2: Haul to an approved municipal dump site

The rates tendered for the disposal of material to an approved municipal dump shall include for all haulage.”

PSD 8: MEASUREMENT AND PAYMENTPSD 8.2: COMPUTATION OF QUANTITIES

Add the following to Clause 8.2.1 at the end of a):


“3) the material is used to backfill around or above structures.”

Add the following to Clause 8.2.2:

“Bulk excavation pay-line volumes for the Pump Station Building and related infrastructure shall be calculated by way of pre and post survey models.

The general principles used in determining this payline are as follows:-

- All permanent slopes shall be constructed at a slope of 1 vertical to 2 horizontal in the case of soft material.

- A 3 meter horizontal working space shall be allowed for. In order to provide working space around the building, the Contractor may, at its own risk steepen the lower portions of the slopes, provided that;

where these areas are situated in intermediate or hard material, the slopes do not exceed those recommended in the geotechnical report (unless this is backed up by a proper design by a competent geotechnical engineer), or

the sides of the excavation are properly shored- The working space required by the Contractor (If different from above) shall be

agreed and the method of achieving this. Excavation volumes will be calculated using a payline that extends from the base of the building foundation horizontally to allow for working space and then at a slope of 1:2. Any additional excavation required to achieve further working space will be deemed to be included in the rates.

- Similarly, the volume of backfill that will be measured shall be calculated using the methods described above. Any additional backfill required to backfill the Contractor’s working space shall be deemed to be included in the rates.

Add the following to Clause 8.2.3:

“Prior to commencement of any excavation, the contractor shall notify the Engineer in good time to ensure that measurements, cross-section, levels of the undisturbed ground, or any other relevant information are taken in order that the excavation quantities can be agreed upon between the Engineer and the Contractor.”

PSD 8.3: SCHEDULED ITEMS

PSD 8.3.14: Supply and Lay geogrid fleximesh or similar geosynthetic materials. Unit: m2

The rate tendered shall include for all costs to supply and lay the material in accordance with the manufacturers requirements.


PSDB EARTHWORKS (PIPE TRENCHES) (SANS 1200 DB)

PSDB 3 MATERIALS

PSDB 3.3 Selected Granular Material

(for bedding material (padding) for steel pipes see PSLB 3.3)

PSDB 3.4 Selected Fill Material

Not required. All material up to the underside of backfill shall be measured as selected granular. (for bedding material (padding) for steel pipes see PSLB 3.3)

PSDB 3.5(a) Backfill Material

In the third line delete "150 mm" and substitute "100 mm".

PSDB 3.5(b) Backfill Material

In the second line delete “PI not exceeding 12” and substitute “PI not exceeding 6”.

PSDB 3.5(c) Cement Stabilised Backfill

Add the following new Sub-Clause:

Where scheduled, or directed by the Engineer, backfill shall be stabilised with 8% cement by mass. The backfill material shall have a plasticity index not exceeding 10 and all material must pass through a sieve of aperture size not exceeding that specified in SABS 1200 LB, Sub-Clause 3.2, as amended.

The dry materials shall first be mixed in a concrete mixer thereafter sufficient water is to be added to produce the stiffest consistency available for placing and compacting with vibrators.

PSDB 4 PLANT

PSDB 4.1 Excavation Equipment

In the first line delete “The Contractor” and substitute: “In sections deemed to be excavated by mechanical means, the Contractor”

Add to the Sub-Clause:

Should any portion of a pipe trench exceed the specified depth, the Contractor will be held responsible for any additional costs which may arise as a result of such over-excavation. Concrete filling or imported compacted fill may be ordered by the Engineer to be placed below the bottom of the trench.

PSDB 5 CONSTRUCTION

PSDB 5.1 Precautions

PSDB 5.1.2.2 Special Water Hazard


The Engineer may direct the contractor to implement subsoil drainage measures at certain sections of the pipe trench where ground water seepage is considered


significant. Such drainage measures shall consists of a free drainage granular material placed underneath or alongside the pipe, or in separate drainage trenches.

PSDB 5.1.2.3 Sloping Ground

Delete the Sub-Clause and substitute:

The Contractor shall be responsible throughout the duration of the Contract, inclusive of the Defects Liability Period, for the provision of all soil erosion preventative measures necessary to protect the trenches, pipeline(s) and land utilised by the Contractor during the Contract from any adverse effects of soil erosion, settlement, scour, etc., resulting from the construction of the Works.

Cross embankments, generally extending across the full width of the working strip, consisting of low earth mounds shaped to rounded form and so oriented as to have a fall of 1% along their length, shall be constructed with compacted material having a minimum density of 90% modified AASHTO density and minimum dimensions and maximum spacing dependent on the slope of the ground along the length of the pipeline, as indicated in the following table:

Slope of Ground

Minimum Height Minimum Base Width

Maximum Spacing

0% - 5% No cross-embankments required5% - 10% 300 mm 1,2 m 40 m10% - 15% 375 mm 1,5 m 30 m

Greater than 15%

450 mm 1,7 m 20 m

The height of the cross-embankments for a distance of 1 metre on either side of the trench centerline shall be raised 150 mm above the remainder of the cross-embankment to allow for settlement. In order to form a satisfactory drainage channel upstream of each cross-embankment (at a slope of 1%) the crown over the backfilled trench shall be removed for a distance of 0,5 m upstream of the cross-embankment.

Cross-embankments shall be constructed to the same minimum standards and dimensions indicated above wherever artificial slopes have been formed on the working strip or other areas used during construction and, with the approval of the Engineer, are permitted to be so left.

Payment will be made for the construction of cross-embankments in accordance with Sub-Clause 8.3.4(c), provided construction thereof has been either ordered or approved by the Engineer prior to the commencement of such construction.


PSDB 5.1.2.4 Cross-Walls (Sack Breakers) in Trenches (New Sub-Clause)

In steeply sloping trenches (longitudinal slope > 15 %) and where otherwise ordered by the Engineer, the Contractor shall place sacks of earth as sack breakers or cross walls around and above the pipe up to ground level, prior to backfilling, as a soil erosion measure. Such sacks shall be filled with selected material free of stones in excess of 50 mm maximum dimension. One sack breaker shall consist of these sacks packed tightly against the trench bottom, pipe and actual trench sides, and against each other to form a solid cross wall at least 0,5 m thick from the bottom of the trench to the surface.

Measured under payment item PSDB 8.3.4 (c)

PSDB 5.1.2.5 Concrete gradient Anchor Blocks where gradient equals or exceed 25% (New Sub-Clause)

Where the grade of pipe equals or exceeds 25% the contractor shall provide concrete gradient anchor blocks with reference to drawing number 590

Measured under payment item PSDB 8.3.4 (d)

PSDB 5.1.2.6 Biojute (New Sub-Clause)

Where re-vegetation for rehabilitation is taking place in steep sections i.e. >15% prone to erosion, Biojute* shall to be installed where instructed by the Engineer to minimize soil erosion.

The contractor shall be responsible for the supply, installation and maintenance of the biojute area until full establishment of the vegetation (approximately 4 months).

*Biojute is a commercially available mat with an open weave mat with holes of 1 to 2 cm made of jute designed to biodegrade in approximately 18 to 24 months. This is designed to prevent erosion and promote regrowth of grasses and forbs

Measured under payment item PSDB 8.3.4 (e)

PSDB 5.2 Minimum Base Widths


Trench sides shall be as near vertical as possible in order to minimise the quantity of backfill material required and to avoid possible difficulties where pipelines have to be installed parallel to existing services, fences, hedges, etc. and to minimise the loading on the pipe.

The base width for trenches for cables, ducts and un-bedded flexible continuous piping, of external diameter less than 125 mm laid at a depth not exceeding 1,5 m, shall be equal to the external diameter of the cable, duct or pipe, plus a side allowance of 200 mm on either side.


PSDB 5.4 Excavation


Where the pipe trench crosses surfaced roads the Contractor shall neatly cut two parallel grooves into and through the "black top" before excavating between the grooves. The grooves are to be set back at least 200 mm from the edge of the excavation face to prevent ravelling of the cut edge. The cost of this operation, where not scheduled separately, will be held to be covered in the general rates for excavation.

PSDB 5.4.1 Open trench Limits (New Sub-Clause)

Add new sub Clause:

The maximum allowable length of open trench with no pipe laid shall not exceed 100m on any single construction front. The total length of open trench on all construction fronts shall not exceed 500 metres (without the approval of the Engineer)

PSDB 5.5 Drainage layer


In waterlogged conditions and/or where so instructed by the Engineer a drainage layer as described under PSLB 5.2.5 shall be provided below the pipe bedding.

PSDB 5.5.1 Jointing Holes (New Sub-Clause)

Jointing holes shall be cut of sufficient length and depth to allow for the proper making or bolting of pipe joints and to ensure that joint collars or sleeves do not rest on the trench bottoms. After the pipework has been inspected, tested and approved by the Engineer, the jointing holes shall be refilled with selected soft material free from stone (padding materials as specified under PSLB in the case of coated steel pipes) and then rammed to provide a continuous uniform support for the pipework. No specific payment will be made for forming and refilling holes, the cost of which is deemed to be included in the tendered rates.

PSDB 5.6.1 Backfilling - General


Notwithstanding the requirements of Sub-Clauses 5.6.1 and 5.6.6, pipe joints may be backfilled once passed NDT and QA for coating repair and no fitting shall be covered by either blanket or backfill material prior to the successful completion of the visual inspection and pressure testing of the relevant section. Open excavations to be barricaded at all times until they are backfilled.

All backfilling shall be carried out by hand and the Contractor must price his tender accordingly. No mechanical plant shall be used in backfilling without prior written consent of the Engineer.

PSDB 5.6.2 Material for Backfilling

Delete fourth, fifth and sixth lines and substitute the following:


Hard rock material shall not be used for, or incorporated into, the backfill above the bedding layers without the Engineer's approval.

PSDB 5.6.8 Transport for Earthworks for Trenches

Delete the Sub-Clause and substitute:

The requirements of Sub-Clause 5.2.6 of SABS 1200 DA as amended and as applicable shall apply.

PSDB 5.7 COMPACTION

PSDB 5.7.1 Areas not Subject to Traffic Loads

Add to the Sub-Clause: refer to PSLB 5.1.4.

PSDB 5.7.2 Areas Subject to Traffic LoadsAdd to the end of the sentence:

and for a distance extending 2m on each side of the carriage-way at each crossing. For the top 150mm of backfill, the material shall have a PI less than 6.0 (non-cohesive) and be compacted to 98% MOD AASHTO.

PSDB 8 MEASUREMENT AND PAYMENT

PSDB 8.1.3 Basic Principles


No additional payment will be made for excavating and backfilling bell (fox) holes as the cost of that work will be deemed to be included in the rates for trenching.

PSDB 8.3.3.1 Deficiency in Backfill Materials

Payment for imported, graded stone laid under pipelines in accordance with PSDB 5.5 shall be paid for under either Sub-Clause 8.3.3.1(c) or as scheduled.

PSDB 8.3.5 Existing Services that Intersect or Adjoin a Pipe Trench

Add to the end of the Sub-Clause:

(v) all work involved in locating the service by hand excavation

(vi) notifying and attending upon the owner of the service

(vii) supporting and protecting the service while the pipeline is installed, inspected, tested and backfilled.


PSDK GABIONS AND PITCHING (SANS 1200 DK)

PSDK 3 MATERIALS

PSDK 3.1.1.1 Quality


The stone shall be subjected to the weathering test.

The stone shall be subjected to the durability test.

PSDK 3.1.2 Gabion cages


The wire used for the fabrication of wire mesh cages and for lacing and bracing operations shall be plain zinc-coated mild steel wire. No PVC coating will be acceptable.

The gabion baskets shall be as follows:

Gabion boxes shall be constructed of double twisted, hexagonal wire mesh gabions of nominal 80mm mesh, with minimum 3,4mm diameter frame wire and minimum 2,7mm diameter mesh wire. For lengths 2m and greater partitions shall be placed at 1m centres. All wire is to be mild steel in accordance with Clause 4.2.1 of SANS 1580 – 2005.

The revet (reno) mattresses shall be as follows:

The revet mattresses shall be constructed of double twisted, hexagonal wire mesh gabions of nominal 60mm mesh, with minimum 2,5mm diameter frame wire and minimum 2,2mm diameter mesh wire. For lengths 2m and greater partitions shall be placed at 1m centres. All wire is to be mild steel in accordance with Clause 4.2.1 of SANS 1580 – 2005.

Each basket shall be complete as described in SANS 1200DK

PSDK 3.1.3 Geotextile


Unless otherwise stated in the Project Specification the Geotextile filter blanket shall consist of "non-woven" needle-punched polyester fabric having a mass of between 150 and 250g/m², pore size of between 160 and 210 micron as defined by the Franzius Institute.

PSDK 3.2.1 Stone

In Table 2, Column 2, for extra heavy, replace 300 with 500.


PSDK 3.2.3 Wire netting


Wire netting for gabion and mattress cages shall be hexagonal steel wire mesh strengthened by selvedges of heavier wire and by mesh diaphragms that divide the cases into 1 m compartments.

Nominal 80 mm mesh shall be used for gabion cages with 2,4 mm diameter galvanised steel wires.

Nominal 60 mm mesh shall be used for mattress cages with 2,0 mm diameter galvanised steel wires.

Selvedge wire shall be galvanised and the diameter shall be in accordance with Table 3 of SABS 1200 DK.

PSDK 5 CONSTRUCTION

PSDK 5.1.3 Size of cages

New Sub-Clause:

The size of cages for gabions shall be a maximum of 3 000 x 1 000 x 1 000 mm and shall be divided into cells having a volume not greater than one cubic metre. The size of cages for mattresses shall be a maximum of 2 000 x 1 000 x 300 mm and shall be divided into cells having a volume not greater than 0,3 m3.

PSDK 5.1.4 Diaphragms

New Sub-Clause:

Each diaphragm shall be connected in the same manner to the sides and top panels in addition to the bottom panel.

PSDK 5.2.3 Assembly


All gabion and mattress cages shall be connected to adjacent gabion and/or mattress cages by lacing the adjacent selvedge’s together with 2,2mm diameter galvanized steel wire in accordance with Sub-Clause 4.3.2 of SANS 1580, the same wires to be used for lacing.

PSDK 5.2.4 Rock filling

Add the following paragraph:

Particular care shall be taken in the filling gabions and mattresses so as to ensure that the voids in the rockfill are reduced to the minimum that can be reasonably achieved. In order to minimise the voids in the rockfilling, the filling shall proceed in layers not exceeding 300 mm deep and each layer shall be rodded and barred so as to compact the rockfill before filling of the next layer commences. Where appropriate, hand packing of selected rock particles shall be carried out.


PSDK 5.2.4.2 Mattresses used in revetments and aprons

Add to the Sub-clause:

Where gabions and mattresses are placed in exposed positions the rock particles forming the exposed faces shall be specially selected so as to present a fair and even surface.

PSDK 5.3.4 Wired Pitching


The areas in which wired or grouted wire pitching is to be used will be indicated on site by the Engineer.


PSG CONCRETE (STRUCTURAL) (SANS 1200 G)

PSG 1 SCOPE

PSG 1.2 This specification, together with the supporting specifications, and the drawings, covers the construction of normally reinforced and post-tensioned circular concrete potable water reservoirs, and non-circular water retaining or water excluding reinforced concrete structures.

The quality and finish of the work shall be such that no after treatment shall be necessary to ensure watertightness.

PSG 2 INTERPRETATIONS

PSG 2.1 Supporting Specifications

Add the following:

c) SABS 1491 Part II. Fly Ash

PSG 2.2 Application

This specification contains clauses that are generally applicable to the construction of reinforced concrete water retaining structures. Interpretations and variations of this Specification are set out in Portion 2 of the Project Specification which precedes this specification in a contract document.

In the event of any difference or discrepancy between the provisions of the Standard Specification and the provisions of this Specification, the latter shall prevail.

PSG 2.3 Definitions

a) General

Amend the following:Hot weather: Weather conditions in which the ambient temperature is higher than 25 oC

SG 2.4 Explanation of Terms

PSG 2.4.3 Joints

Add the following:

“The Engineer may order further joints prior to the commencement of casting the relevant concrete wherein they are situated. Such joints will become “designated joints” and will be paid for in terms of Sub-clause 8.5, or as may be otherwise agreed. However, should the Contractor require further joints to suit his own purposes he shall first obtain the approval of the Engineer. Such further joints may then be constructed but these will not be “designated joints” nor will they be paid for.”

Add the following sub-clause PSG 2.4.4:



PSG 2.4.4 Watertightness

The watertightness class shall be stated on drawings. The default tightness class for water reservoirs shall be Class 1 unless stated otherwise.

The structure, or parts thereof, shall be deemed to be “watertight” when the following requirements are met:

PSG 3 MATERIALS

PSG 3.1 Approval of Materials

Add the following:

“Materials used for application in potable water storage reservoirs shall be non-toxic and shall not impart any odour, taste or colour to the water.”

PSG 3.2 Cement

PSG 3.2.1 Applicable Specifications

Add the following:

“Unless otherwise agreed to by the Engineer, the cement used shall be Portland Cement complying with SANS 50197-1.”

PSG 3.2.3 Storage of Cement

Add the following:

“Notwithstanding the requirements of Sub-clause 3.2.3, cement and other cementitious materials shall not be kept in storage on Site for longer than three months.”


PSG 3.2.4 Cement Extenders

Fly Ash (FA) shall be obtained from only one source and shall be tested and approved in terms of SABS 1491 Part 2.

PSG 3.3 Water

Add the following:

“The Contractor shall ensure that the temperature of mixing water is kept low. Storage containers shall be painted white and shall be protected from direct sun by being covered in shade cloth.”

PSG 3.4 Aggregates

PSG 3.4.3 Storage of Aggregates

Add the following:


“In order to reduce concrete placement temperature, the course aggregate shall be protected under shade cloth and sprayed with water on hot days.”


PSG 3.4.4 Type of Aggregates

“The maximum water demand of the fine aggregate shall be 190 l/m3.

Coarse aggregates shall have a low coefficient of thermal expansion of not greater than 10x10-6/ C and shall have a maximum water absorption < 1%

Aggregates to be used shall be tested in accordance with subsection C-15 of SABS 1083 or alternatively the source material supplier shall submit a test certificate to confirm that they are not potentially alkali-reactive.

The Contractor shall be responsible for locating the sources of all aggregates. The tendered rates shall therefore be deemed to allow for:

a)the Contractor satisfying himself at tender stage by means of test and test mixes by an accredited laboratory of his source aggregate materials that he intends to use,

b)the importation of aggregates, if necessary, that do comply with this Specification.”

PSG 3.5 Admixtures

PSG 3.5.1 Approval of Admixtures

Add the following:

“A mid or high range water reducing agent and superplasticiser complying with ASTM C 494-81 type F or G is usually required to minimise the water requirement and improve workability, thereby reducing shrinkage and creep and improving water tightness.”

PSG 3.5.2 Air-entraining Agents (Clause 3.5.2)

No air-entraining agents shall be used.

Add the following clause PSG 3.9:

PSG 3.9 Spacers

Spacers of approved design include approved plastic or other propriety spacers or purpose made precast mortar blocks. Tie wires shall be fully galvanized. Mortar blocks shall be made of the same mix as the mortar of the concrete in which they are placed. The mortar shall be accurately batched and well compacted. The mortar blocks shall be cured in water for seven days.


PSG 4 PLANT

PSG 4.5 Formwork

PSG 4.5.1 Design

Add the following:

“Except for thin domed roof construction, only steel formwork panels are permitted. Small approved laminated wooden board inserts to steel framed panels may only be used in confined places.

Formwork for circular domed roof construction with a post-tensioned ring beam, shall permit radial inward movement of the ring beam during stressing operations without inducing stress in the formwork. The ring beam will be stressed sufficiently to lift the concrete dome free of the supporting formwork.”

PSG 4.5.3 Ties

Add the following:

“For Water Retaining Structures the use of ferrules or ferrule sleeves for formwork ties through the walls shall not be permitted.

Formwork Ties to be used shall be the “water-bar” type. No ferrous metal shall remain closer to the surface of the concrete than the cover specified for the reinforcement.

The Contractor shall submit a sample of the formwork tie to the engineer for approval prior to commencement of formwork erection”

PSG 5 CONSTRUCTION

PSG 5.2 Formwork

PSG 5.2.5 Removal of Formwork

Add the following:

“Early stripping of wall and column formwork is preferred for thin concrete sections as this will reduce peak hydration temperature. The contractor shall however submit proposed stripping times for the Engineer’s approval.”

PSG 5.5 Concrete

PSG 5.5.1.6Prescribed Mix Concrete

Add the following:

Prescribed Mix Concrete for Water Retaining Structures:

“A concrete mix design shall ensure adequate strength, durability and impermeability. This can be achieved by using high cement content and a low water-cement ratio with mid or high range water reducers to help assure adequate


workability. The use of Fly Ash in the mix will produce a low permeable concrete and reduce peak hydration temperature.

The mix design is to comply with the following minimum requirements:

a) The minimum cementitious content shall be 330 kg/m3.

b)The maximum cementitious content shall be 380 kg/m3 for 35MPa concrete and 400kg/m3 for 40MPa concrete.

c)The cement used may be a blended cement

d)30% by mass of the cementitious product shall be Fly Ash.

e)The maximum w/c ratio by mass shall be 0.5 for 35MPa concrete and 0.45 for 40MPa concrete.

f)A super plasticiser, Chryso Omega 101, or similar approved is recommended for improved workability and to reduce water to 170l/m3

g)The minimum characteristic strength at 28 days shall be 35MPa unless specified otherwise.

The Contractor’s concrete mix design shall be submitted to the Engineer for approval.

At least six weeks before placing any concrete on the Works, the Contractor shall supply and deliver to the laboratory, at his own cost, samples of the aggregates he proposes to use in the concrete mixes.”


PSG 5.5.18No-fines concrete

The Contractor shall submit his mix design to the Engineer for approval.

No-fines concrete shall comply with the following requirements:

a) Classes of No-fines Concrete

No-fines concrete shall be classified by the prefix NF and the size of aggregate to be used. Class NF-19 means a no-fines concrete with a 19mm nominal size aggregate.

The volumes of aggregate per 50 kg of cement for each class of NF concrete shall be as follows:

Class Aggregate/ 50kg cement

NF-26.5 < 0.32 m3

NF-19 < 0.30 m3


b) Aggregates

Aggregate shall be a single-graded aggregate in accordance with SABS 1083, provided that the particle size shall be less than 38mm and greater than 13mm. Aggregate shall not contain dust.

c) Cementitious Materials

Cement as specified in PSG 2.2 shall be used in NF concrete. The additions of pozzolans, in whatever form, will not be permitted.

d) Cement Paste

The consistency of cement paste shall be such that all aggregate particles surfaces receive a uniform coating. Paste consistency shall be sufficiently viscous as to prevent the flow of paste through the placed concrete.

e) Cube Strengths

Concrete cube strengths at 4 and 28 days shall be 3.0 and 4.0 MPa respectively.

f) Permeability

Notwithstanding the preceding specifications, it is the Contractor’s responsibility to ensure the permeability of the NF concrete. The Contractor shall be required to demonstrate the permeability of cast NF concrete on request of the Engineer. Any portion of the said NF concrete, deemed to be of insufficient permeability by the Engineer, shall be broken out and replaced at the Contractor’s expense.

g) Placement and Finishing

The upper surface of the no-fines is to be finished off with a wood float to provide a smooth working surface while adding just sufficient dry mix mortar (1 : 8) to close the upper surface of the voids in order to prevent the ingress of foreign matter.

PSG 5.5.2 Batching Plant

Add the following:

“All concrete shall be weigh-batched.”

PSG 5.5.3.2 Ready-mixed Concrete

Add the following:

“Concrete produced at a central concrete production facility other than at the site of the Works shall be accepted for use in the Works. Tests on ready mixed concrete shall be carried out on site in accordance with Clause 7 of SABS 1200G.”

PSG 5.5.5 Placing

Add the following:


“The Contractor shall ensure that adequate measures are in place to avoid the occurrence of plastic shrinkage and settlement cracks, which may occur especially in slabs cast in adverse hot or wind conditions. Slab concrete (floor and roof) shall be placed under a fine mist spray to reduce loss of water in the plastic state.

The contractor shall submit a method statement for placement of concrete for approval by the Engineer.”

PSG 5.7 Construction Joints

Add the following sub-clause 5.5.7.4:

PSG 5.5.7.4Method of Forming and Preparing Casting Joints for Water Retaining Structures

a) Placement against stop-end:

Concrete shall be cast against stop-ends with drilled holes for continuous rebar. Care shall be taken to ensure no leakage of fines through poor formwork. Special attention shall be given to vibration of concrete along the joint edges.

b) After 1st pour:

The surface of the concrete at the construction joint shall be sprayed with a high pressure water jet within 24 hours of casting to remove all laitance and fine aggregate to a depth of at least 10mm and to expose the coarse aggregate embedded in sound concrete. Care shall be taken not to damage or disturb the green concrete during the preparation of the joint.

c) Prior to 2nd pour:

After the reinforcement for the next pour has been fixed and the formwork erected, the construction joint shall be cleaned thoroughly with a pressurised water jet. The joint shall then be wetted continuously with water for 24 hours to saturate the concrete immediately before new concrete is cast. All excess water shall be removed before the next concrete is poured. New concrete shall be cast directly onto the prepared surface.

PSG 5.5.8 Curing and Protection

Add the following:

“Curing and Protection for Water Retaining Structures:

a) Curing shall commence as soon as practically possible after casting of concrete and the curing period shall be not less than 7 days.

b)Curing compounds shall not be permitted.

c)Walls shall be kept moist on both sides by means of an irrigation type mist spraying system. Sprayers shall be spaced at such intervals as to ensure that the complete concrete face is evenly wetted.

d)Columns shall be thoroughly sprayed with water immediately after removal of formwork. Columns shall then be wrapped in a double layer of hessian,


watered and covered with white or other approved light pigmented plastic sheets. Column heads shall be well watered several times per day to ensure that water penetrates down the hessian over the full height of the columns. Plastic sheeting to be maintained in place.

e)Roof perimeter upstand which have been stripped shall be covered with hessian, or other approved absorbent material, which shall be maintained continuously damp. The material shall be firmly secured to minimize flapping in the wind.

f)Floor and roof elements shall be water sprayed immediately after casting and, as soon as practically possible, covered with 25mm sand and continuously water sprayed to ensure that the sand is saturated at all times.

g)The duration and intervals of water application shall be determined and adjusted on site to allow for adverse conditions such as high temperatures and/or dry, windy conditions.”

PSG 5.5.9 Adverse Weather Conditions

Add the following sub-clause 5.5.9.3:

PSG 5.5.9.3For the construction of all Water Retaining Structures, the Contractor shall ensure that the concrete temperature at time of placement does not exceed 30 oC. If it is expected that the maximum air temperature, measured in direct sunlight, on the day of casting will exceed this limit, then concrete shall not be cast on that day.

Concrete temperature readings and air temperature readings (in shade) shall be taken just before placement and recorded in the QA file (applicable also to off-site batching).

PSG 5.5.13Grouting

Add the following:

Grouting of Formwork Tie-holes:

The tie-hole voids shall be roughened by wire brushing. The area shall be pre-wetted and coated with an approved cementitious bonding slurry. While the bonding slurry is still wet the void shall be filled with an approved non-shrink grout. The area shall immediately be covered with a patch consisting of wet absorbent material (underfelt or hessian) covered with plastic.

Grouting of Post-tensioning anchorage recesses:The recess surface shall be prepared by high pressure water jet blasting, and wire brushed to achieve a bond surface. The area shall be pre-wetted and coated with an approved cementitious bonding slurry. While the bonding slurry is still wet the void shall be filled with an approved grout, poured within forms properly sealed to avoid loss of fines. After removal of the forms, the area shall be covered with a patch consisting of wet absorbent material (underfelt or hessian) covered with plastic. Finishing shall include removal of over-pour, grinding or other measures to ensure a neat uniform surface finish.

Grouting of Pipes:The box-out for pipes shall be prepared and treated as a construction joint. For large box-outs an approved swellable waterstop shall be placed all-round the concrete face (in the center between rebar). The pipe shall be wrapped with an


approved swellable waterstop on both sides of the puddle flange. The area shall be pre-wetted and coated with an approved cementitious bonding slurry. While the bonding slurry is still wet the void shall be filled with an approved grout. The area shall immediately be covered with a patch consisting of wet absorbent material (underfelt or hessian) covered with plastic.

Only approved grout shall be used. Propriety materials shall be applied in strict accordance with the manufacturer’s instructions.

Add the following sub-clauses PSG 5.5.16 to 5.5.18

PSG 5.5.16PVC Waterstops

PVC waterstops shall be welded together to form a water-tight barrier. All joints shall be thoroughly inspected by the Contractor and the Engineer and recorded in the QA file.

PVC waterstops in wall concrete shall be securely fixed with 4 strands of binding wire at close centres to prevent collapse during casting.

Factory made mite sections shall be used in preference to site welded sections.

Care being taken not to damage the waterstop during concreting and when preparing for the succeeding pour.

PSG 5.5.17Bandage Type Waterproofing Over Joints

Prior to the application of the bandage waterproofing, the surface shall be prepared in accordance with the product manufacturer’s written instructions. The surface shall then be inspected by the Contractor, the Engineer and the product supplier.

Application of the bandage system is to be carried out by an approved Specialist Subcontractor, selected by the Contractor and approved by the Engineer and the product manufacturer.

PSG 5.5.18Earth Embankments

The embankment shall be formed only after successful completion of the water tightness test.

The embankment shall be built up and compacted evenly around the full perimeter of the reservoir, and at no stage shall material be placed more than 300 mm higher than any other part of the embankment. The bulldozing of fill towards the reservoir wall will not be acceptable.

When embankments contain large fragments of rocky material, or hard lumps which cannot readily be broken, such materials shall be well distributed and the interstices shall be filled with smaller rock or earth to form a dense, solid fill. Fragments of rock and boulders exceeding 0.05 m³ shall not be placed within 1.5 m of the structure. Clay or clayey material shall be placed in such a way that it is covered on the sides and above with material that is approved for this purpose.


PSG 7 TESTS

PSG 7.2.3 Laboratory Testing

Add the following:

“The Contractor will be liable for all costs incurred in making structural concrete cubes and having these tested.”

Add the following sub-clauses PSG 7.3.6 and 7.3.7:

PSG 7.3.6 Reservoir Watertightness Testing

The Works will not be certified complete until the structure has been proved by testing to be watertight to the satisfaction of the Engineer.

Roof:

The roof shall be tested by continuous sprinkling of water so as to maintain a film of water over the slab. The roof shall be considered watertight if there are no damp patches visible on the underside after 8 hours. The roof insulation shall be completed as soon as possible after satisfactory testing.

Floor and walls:

The watertightness shall be performed in two stages as follows:

Stage 1:Floor to be filled to a minimum depth of 50mm after inlet and outlet pipes have been closed, and pressuring the underfloor drainage from the drainage outlet pipe with compressed air to a pressure equivalent to 400mm head of water (4 kPa). The floor shall then be inspected for leakages and all areas with visible air leaks shall be repaired to the satisfaction of the Engineer, whereafter the floor shall be subjected to the same test.

Stage 2:Fill the structure by slowly admitting water at a rate not exceeding 2 m in 24 hours until the top water level has been reached. The water level shall be maintained by addition of further water for a stabilizing period of 21 days, while absorption and autogenous healing take place.

The Contractor shall provide, set up and ultimately remove an apparatus suitable for conveniently and accurately measuring to within 1mm, the water level in the reservoir.

The water level will then be carefully noted and recorded by the Engineer in relation to a fixed bench mark.

After this period the water level shall be recorded by the Engineer at 24 hour intervals for a test period of seven days. The structure shall be considered watertight if the drop in level, after taking evaporation into account, does not exceed 1/500 of the average water depth, or 10mm, whichever is the lesser.


Evaporation shall be measured by placing small open-ended containers in the water, filled 80% with water. The depth from top edge of container to water level shall be recorded before and after each test.

In the event of appreciable leakage being evident at any stage of the filling or testing or in the event of the Engineer considering the final degree of watertightness to be unsatisfactory, the Contractor when ordered by the Engineer shall discontinue such filling or testing and shall, at his own expense, take approved steps immediately to rectify the leakage and to make the work thoroughly sound to the complete satisfaction of the Engineer. All such work of rectification shall be continued assiduously until a satisfactory test is obtained, which shall prove to the Engineer that a sufficient degree of watertightness has been obtained.

Upon the successful completion of the watertightness test, the Contractor shall leave the water in the reservoir, unless instructed otherwise.

PSG 7.3.7 Cleaning and Sterilizing

The reservoir shall be sterilized as specified below, before hydraulic testing takes place.

The walls, floor and underside of the reservoir roof shall first be thoroughly hosed down with water and swept with brushes until properly cleaned of all dirt and other foreign matter. All water shall be drained away.

The reservoir shall be filled with water to a depth of 150mm, chloride of lime solution being added as the water enters at a dosing rate of 150 grams of chloride of lime for every cubic metre of water entering the structure. The chloride of lime solution shall be mixed thoroughly with the water. The walls shall then be thoroughly brushed down with the solution. On completion and when all personnel have vacated the structure the internal access ladder shall be washed down with additional chlorinated water.

No person shall enter the reservoir during and after sterilizing unless wearing sterilized gumboots.

PSG 8 MEASUREMENT AND PAYMENT

PSG 8.2 Scheduled Formwork Items

Add the following item PSG 8.2.7:

PSG 8.2.7 Smooth Formwork to Domed RoofUnit: m2

Formwork shall be measured as the net area of the formed soffit. The rate shall include the costs of keeping formwork in place until prestressing of the ring beam is complete. Stressing of the ring shall not commence before the dome concrete has reached 28 day strength.

PSG 8.2.8 Casting Pipework in concrete wall up to 600 thick (Pipe size Stated)Unit: No.


Measurement will be the number of pipes or specials cast in the concrete in accordance with the dimensions and details given on the drawings.

The rates shall include full compensation for all materials, equipment and work required to carry out the work as specified.

PSG 8.2.9 Casting Pipework in concrete slab up to 300 thick (Pipe size Stated) Unit: No.

Measurement will be the number of pipes or specials cast in the concrete in accordance with the dimensions and details given on the drawings.

The rates shall include full compensation for all materials, equipment and work required to carry out the work as specified.

PSG 8.4 Scheduled Concrete Items

Add the following item PSG 8.4.7:

PSG 8.4.7 No-fines Concrete layer (thickness stated) Unit: m2

The rates for no-fines concrete shall include for the supply of all materials and labour required for laying the no-fines concrete and for a 1:8 cement mortar skimming coat on the upper surface including finishing with a wood floated finish.”

PSG 8.5 Joints (type stated) Unit: m

Add the following:

Floor joints and horizontal joints in the wall which are shown on the drawings will be measured and paid, but neither roof joints, nor column joints nor any other additional construction joints deemed necessary by the Contractor will be measured or paid.

The unit rates shall cover the cost of the supply of all materials and labour including the waterstop and bandage seal, if applicable, formwork and filling, in accordance with the details shown on the drawings for each joint.

PSG 8.7 Grouting

Add the following:

c) Grouting of box-outs for pipes (grout stated)Unit: m3

The rate shall cover the cost of all materials, equipment and labour required including preparation of concrete surfaces, application of swellable waterstops, bonding agents, bandage sealants and curing measures.

d) Grouting of Post Tensioning anchorage recesses (grout stated) Unit: m3

The rate shall cover the cost of all materials, equipment and labour required including preparation of concrete surfaces, application of bonding agents, formwork, curing measures and finishing work.


PSG 8.9 Cleaning and Sterilising Unit: Sum

Payment for the cleaning and sterilising of the reservoir will be by the sum which shall cover the cost of all labour, equipment and materials, including any water required, in cleaning and sterilising.

PSG 8.10 Watertightness testing Unit: Sum

The rate shall cover all work and equipment required for filling the structure with water at the required rate and the erection of safe and sufficient temporary scaffolding for the purposes of inspecting the entire structure on the outside during the testing procedure, from the base level to the roof slab. The rate shall include for all water required over and above that required for one filling of the reservoir. The rate shall include for testing of inlet/outlet pipes for watertightness.

The Contractor shall in the construction programme include for the time period to fill the reservoir, stabilisation and the monitoring period. No additional payment shall be made for any delays this process incurs on any other work in progress.


PSL MEDIUM PRESSURE PIPELINES (SANS 1200 L)

PSL 3 MATERIALS

PSL 3.4 STEEL PIPES, FITTINGS AND SPECIALS

PSL 3.4.2Pipes of Nominal bore up to 150 mm

Delete: “medium class, shall be screwed”

and substitute: “heavy class, shall have plain ends, shall be galvanized,”

PSL 3.4.3Pipes of Nominal Bore over 150 mm

Delete this Sub-Clause and replace with the following;

All steel pipes of nominal diameter 200mm and larger shall comply with ‘Particular Specifications for steel pipe, specials, coatings and linings’.

The contractor shall supply all pipes.

PSL 3.4.4Fittings and Specials


All steel bends, fittings and specials shall be fabricated to the dimensions and details shown on the drawings and/or described in the Bill of Quantities.

Note the Contractor shall be required to fabricate various specials utilizing some of the DN850 lined and coated pipes so supplied. If deemed necessary by the Contractor to facilitate cutting of the pipes, the lining and/or coating may need to be removed. If this is the case, the removal of the lining and/or coating shall be at his/her own cost forming part of the fabrication process of the specials.

The sides of taper pieces shall diverge at an angle of not more than 11 to each other.

The Contractor will be responsible for the provision of all pipe reinforcement e.g. strengthening webs, crotch plates, wrappers, collars, gussets etc as may be necessary and as are shown on the drawings to prevent excessive stresses, deflection and/or deformation of fittings and specials when subjected to hydraulic tests. The rate for the fabrication of fittings/specials shall be deemed to include for the provision of this reinforcing wherever necessary, all said pipe reinforcement shall be manufactured from API 5L Grade X52 steel/Grade 300WA.

The bend, fitting, and special fabricator shall supply written confirmation that all hand welding was carried out by coded welders.

Individual bends, fittings and specials up to and including DN 200 shall be hot-dip galvanised to heavy duty grade in accordance with SABS 121:2000 after fabrication. Where a hot dipped galvanised fitting is to be welded to a coated and lined pipe, the galvanising is to be ground off prior to welding. The external coating at the welded joint is to be primed and coated with an approved anti corrosion system.


Bends, fittings, and specials shall have the internal lining and external coating made continuous (“made good”) as specified elsewhere for welded joints on coated and lined pipes.

Bends, fittings and specials shall be manufactured and tested in accordance with the specification for straight pipe and additionally with clause 8 of BS 534. The nominal dimensions of each bend, fitting and special required are itemised in the Bill of Quantities and/or on the drawings and ‘exact length’ tolerances shall be adhered to. All plain ends on bends, fittings and specials shall be prepared for butt welding except those plain ends that are to be jointed with adaptor joints.

Bends shall generally be of the segmented (gusseted) type except where otherwise stated or shown on the drawings or where the Tenderer can offer a price advantage for supplying even curvature bends.

For deflection angles up to and including 9º bends may be fabricated from pipe lengths “on site” in accordance with the Table below.

Deflection of Angle

Up to and including 3 ° One pipe end scarfed on site

Exceeding 3 ° and up to and including 9 ° Mitre cut (two pipe ends scarfed on site)

DN850 Bends greater than 9º shall be fabricated at an approved pipe fabrication shop in accordance with.Table below:-

Deflection of Angle

No. of segments Centre to face

dimension (mm)

Radius (mm)

9 º and larger but less than 15 º

2585 n/a


3865 1730


41730 1730


51730 1730


61730 1730


Shop drawings of bends, fittings and specials shall be submitted to the Engineer for approval prior to manufacture.

All flanged bends, fittings and specials shall be hydraulically tested at the fabricator’s premises to the same pressure that they will be subjected to during the hydraulic testing of the completed pipeline. No visible signs of leakage will be permitted.

PSL 3.4.5 Puddle Collars and Anchoring Flanges (New Sub-Clause)

Add new Sub-Clause:

Puddle collars and anchoring flanges used as pipe anchorages shall be of the same dimensions as corresponding flanges but those cast into concrete walls shall not be drilled. The collar/flange shall be capable of transmitting a longitudinal force 33% greater than the internal hydraulic pressure to be applied when testing, multiplied by the area of the bore and, under that condition, the stress in the material shall not exceed its yield stress.

‘Thin’ puddle collars/flanges are not required to transmit thrust, their purpose being to assist with the waterproofing of the concrete chambers by increasing the path that ground water might have to take to enter the chambers. They will be shown on the drawings with a thickness dimension which is much less than the standard flange thickness for the relevant pressure class of pipe.

Where polyethylene pipes are cast into concrete structures, they shall be specially prepared and adapted by positioning a custom-made tight-fitting natural rubber sealing sleeve around the circumference of the pipe and in the case of structured-wall pipe creating shear keys through removing small segments of the outer wall. The rubber seal shall be 10 mm thick and 200 mm wide or 80% of the width of the wall and shall be 60-65 shore hardness, with a vulcanised joint. It shall need to be stretched over the pipe circumference to ensure a tight fit.

PSL 3.8 JOINTING MATERIALS

PSL 3.8.2.1 Flexible Couplings

Delete the Sub-Clause and substitute the following:

Where ordered, steel flexible couplings are to be of the "Viking Johnson"/"Klamflex"/ ”Aqualok” or similar approved type without central registers, each comprising one center collar, two special flanges, two rubber rings and hot dipped galvanised mild steel bolts.

Steel couplings shall be assembled strictly in accordance with the manufacturer's instructions and all bolts shall be torqued to the value recommended by the manufacturer. On completion of hydraulic pressure testing of the installation, the entire joint shall be protected as described in Clause PSL 3.9.3.6.


The tendered prices for laying and jointing are to include for the supply of all necessary materials, plant and labour to complete the joint.

Flexible couplings shall conform generally to Clause 15 of BS 534 for slip-on type couplings and shall be of approved manufacture. They shall be capable of being tightened and released without damaging or improperly distorting the rubber seating rings and shall be designed to prevent the rubber rings being blown out under pressure or sucked in under vacuum.

The steel used shall conform to the appropriate British Standard Specification and each coupling is to be capable of withstanding the test pressure applicable to the pipes with which they are to be used without exceeding a stress in the steel of 67% of the yield point.

Mild steel couplings shall be protected by an approved epoxy coating system such as “Copon KSIR88” (or similar approved) within 4 hours of abrasive blast cleaning the metal surfaces of the coupling in accordance with Swedish Standard SIS 05 5900 Grade SA 2,5. Nuts, bolts and washers shall be hot dipped galvanised. The plain end of the pipe shall be properly prepared, and in the case of steel pipes before corrosion protection, so as to accept the flexible coupling.

Adaptor couplings and anchoring adaptor joints shall comply with the above specification for flexible couplings and be of a similar design, but one end shall be flanged to enable connection of plain ended pipes to flanged joints. The adaptor joints are to be complete with bolts and nuts for connecting the flanged joint to the anchoring flange situated generally 300 mm from the plain end of pipe. (refer to relevant drawings for details) All bolts, nuts and washers are to be hot dipped galvanised. In order to anchor the plain ended pipe to the flanged joint all of the bolts for the flanged joint are to pass though the anchoring flange and are to be fitted with nuts and washers at the flanged joint and on either side of the anchoring flange.

PSL 3.8.3FLANGES AND ACCESSORIES

PSL 3.8.3.1 Bolted Connections (New Sub-Clause)

Add new Sub–Clause:

All flanges, gaskets, bolts, nuts washers and other appurtenances required for the execution of the work shall be supplied and installed by the Contractor.

Drilled Steel Flanges shall comply with the:-

i. SANS 1123:2011 Table 2 500/3 (raised face) for working pressure 2 500kPa

ii. SANS 1123:2011 Table 4 000/3 (raised face) for working pressure 4 000kPa

iii. SANS 7005-1:2015 Table 15, type 14 for working pressure 5 000kPa


Blank Steel Flanges shall comply with the:-

i. SANS 1123:2011 Table 2 500/8 for working pressure 2 500kPa

ii. SANS 1123:2011 Table 4 000/8 for working pressure 4 000kPa

Should the above Standards not cover a flange, the Contractor shall provide the Engineer with the design calculations together with plate thickness and flange drilling within 29 days of Commencement of the contract.

Matched flanges shall correspond in construction and dimensions to flanges on equipment. Matched flanges shall be provided with the correct bolts, nuts and packing rings.

Temporary end covers shall be provided by the Contractor for protection of flanges, and prepared ends of pipes and fittings to prevent damage to internal lining during transportation and during handling on site.

All piping and flanged surfaces shall be cleaned before connections are made.

The mating faces of flanges that are to be in contact with gaskets shall not be painted or coated. After application of all pipe and flange coatings, there shall be no runs or drips on the mating face and, where applicable, the flange profiling shall be clearly visible. After blast cleaning the mating faces shall receive one coat of rust inhibitor (Plascon Rustrix 84 or equal approved). There shall be no coating build-up in the flange bolt holes that could snag the bolts.

Unless otherwise specified, bolts shall conform to property class 4.6 of SANS1700-5-1:2003. Bolts and nuts connecting mild steel flanges to stainless steel flanges, or stainless steel flanges to stainless steel flanges shall be grade 304 stainless steel.

All bolts, tie-bolts, nuts and washers shall be galvanised to SABS 121:2000 and shall comply with the relevant requirements of SABS 135 – 1985 and SABS 136 – 1985 where applicable.

The length of each bolt shall be such that after the bolt has been tightened, the end of the bolt shall project beyond the outer face of the nut, but not by more than two threads. Tie-bolts on restrained/anchoring couplings shall be fitted with “backing nuts” and washers.

Each flanged joint is to be fitted with an approved and suitably rated gasket and sealed watertight such that there will be no visible sign of leakage under the specified factory and field test pressures and under the in-service working conditions (pressures).

All bolts are to be tightened in a predetermined pattern with opposing bolts being tightened sequentially. When all bolts are tight, each bolt is to be torqued to the required/recommended torque in a predetermined pattern with opposing bolts being tightened sequentially.


Except in the case of insulating-flanges, all bolt threads shall be liberally coated with “Nickel Slip” or similar approved compound prior to assembly. Upon completion, bolt heads, washers and nuts shall be wrapped as described under PSL 3.9.3.1 below.

PSL 3.9 CORROSION PROTECTION


PSL 3.9.2Steel Pipes

PSL 3.9.2.0 Holiday Testing (New Sub-Clause)

Add new Sub-Clause:

All Holiday Testing shall be carried out with an instrument approved by the Engineer. The sparking detection test shall conform to the standards as set out in SANS 1217:2001 and BS 3003 Part 1. The Contractor shall familiarise himself with the dielectric strength (breakdown strength) of all the coatings and linings he works with for the different pipe sizes. The Contractor shall also have an in depth knowledge of the Holiday Testing equipment he works with, in order to calculate the Corona discharge effect for the typical brush being utilised, with reference to the specific ambient conditions for any specific test.

All Holiday Testing shall be executed at a voltage which is set at 50% of the value of the dielectric strength of the lining or coating being tested. The Contractor shall carefully analyse the loss in test voltage as a result of the Corona Effect, specific to the ambient conditions surrounding the test. The test voltage of the Holiday Testing equipment shall be adjusted such that the voltage drop as a result of the Corona Effect will be taken into account when the actual 50% threshold of the dielectric strength is calculated.

The Holiday Test equipment shall be calibrated by an approved supplier and checked every 30 minutes or every time a test at a different location is started. Each piece of equipment shall have a unique identification number with calibration certificates and detail of equipment utilized shall be submitted to the Engineer for approval. Method statements for the process of holiday testing shall be submitted to the Engineer for approval.

The correct equipment for the type of application will be utilized. For example, where pin holes have been repaired and re testing for effectiveness of repair work being done, the Contractor shall utilize the correct equipment to effect same and this shall include the use of a pencil brush which concentrates the efforts of holiday testing at the repair. Where spark tests are performed on Tape Wrap systems, the minimum brush width shall be 300 mm. The brushes utilized shall be brass bristle cone brushes. The typical brush speed shall be 200 to 300 mm/sec when doing spark tests

The Contractor shall, at his expense, test each and every surface area, that is internal lining as well as external coating, during construction as per this specification. Testing for holidays shall be done after inclusion of materials, manufactured specials and equipment, as well as pipes, into the permanent works. Any defects found shall be repaired and the costs for remedial work shall be deemed to be included in the tendered rates for the construction of the pipeline. These tests and results shall be recorded on the quality control plan as approved by the Engineer.

PSL 3.9.2.1 Steel Pipes of Nominal Bore up to 150mm


In this sub-clause and it’s title replace “150mm” with “200mm”

Delete all words in the sub-clause after “SABS 763”

PSL 3.9.2.2 Steel Pipes of Nominal Bore over 150mm

In this sub-clause title replace “150mm” with “200mm”

Delete this sub-clause and substitute:

“Unless otherwise specified, steel pipes, fittings, flanges and specials of nominal bore over 200mm shall be coated and lined in accordance with one of the lining or coating systems described in the Particular Specification for 164mm to 2230mm Diameter Steel Pipe, Specials, Coatings and Linings.”

PSL 3.9.3 Protection against Electrolytic Corrosion

Add the following new sub-clauses:

PSL 3.9.3.1 Corrosion Protection of Flanges and Flexible Adaptor/Anchoring Joints (New Sub-Clause)

Add new Sub-clause:

Except in the case of insulting-flanges, all flanges and flexible joints and adaptor/anchoring joints and their associated bolts, nuts and washers, shall, notwithstanding that the flexible and adaptor/anchoring joints will be epoxy coated as specified elsewhere, be protected as described below.

(Note: This specification is based on a “Denso” system. Alternative products may be used, subject to approval by the Engineer).

Surface Preparation :

The entire surface area of the flange/adaptor/anchoring joint, and its bolts, nuts and washers, up to no less than 250 mm either side of the joint, shall be cleaned of all dirt and other deleterious matter. The cleaned area, up to 200 mm either side of the flange/adaptor/anchoring joint, shall then be wire brushed.

Priming :

The cleaned flange/adaptor/anchoring joint, bolts, nuts, washers and the adjoining 200 mm length either side shall be primed with “Denso Priming Solution”, or if moisture is present, with “Denso S105 Paste”.

Application of Mastic Blankets :

Narrow strips cut from “Denso Mastic Blanket” shall be applied to the flange/ adaptor/anchoring joint to achieve a smooth profile with a 50 mm splayed fillet being formed at the joint/pipe interface. Care shall be taken, particularly at bolts, to avoid the formation of air pockets. Complete “Denso Mastic Blankets” shall then be applied (mastic side down) to the


flange/adaptor/anchoring joint until the flange/adaptor/anchoring joint is completely enveloped.

The blanket shall be overlapped at least 50 mm and shall extend at least 150 mm along the pipe barrel on each side of the flange/adaptor/anchoring joint. The ends of the blanket shall be bound to the barrel of the pipe on each end with 100 mm wide “Denso Tape”. The “Denso Tape” overlaps shall be 50 mm and shall extend 100 mm onto the blanket and 150 mm onto the pipe barrel.

Application of Protective Sheeting :

The entire flange/adaptor/anchoring joint shall then be wrapped with 350 micron polyethylene sheeting which shall end 400 mm beyond the joint. The protective sheeting shall be secured to the pipe barrel and along the seam with 48 mm wide “Denso Adhesive Tape”.

PSL 3.9.3.2 Coating of Permanently Exposed Pipes/Fittings (New Sub-Clause)

Add new Sub-Clause:

All pipes which are to be permanently exposed shall, in addition to the specified corrosion protection at flange/adaptor/anchoring joints, be protected with the “Denso Acrylic Pipeline Tape (Steelcoat 500)” system or similar approved UV resistant coating. The pipe surface shall be prepared and the coating applied in strict accordance with the manufacturer’s instructions.

Surface Preparation :

The pipe surface to be wrapped shall be cleaned of dirt, grime, grease and other deleterious matter, using white spirit if necessary and then allowed to dry thoroughly.

Priming :

“Denso Primer D” shall be applied to the prepared surfaces at a nominal coverage rate of 8 m² per litre. Care shall be taken to obtain an even film with no runs or sags. Only those areas that are to be wrapped the same day shall be primed. If primed areas are to be left overnight, these areas shall be re-primed before wrapping.

Tape Wrapping :

The joint shall be spirally wrapped (minimum 55% overlap) with “Denso Acrylic Tape” (or approved equivalent) in accordance with the manufacturer’s requirements such that the start and end points are located at buried sections of the pipe, before it daylights. A 100% overlap is required on the first and last revolutions of the tape wrapping operation. It is important that tension in the tape be released when the wrapping of the last half circumference of the pipe.

Final Coating :


One coat of “Densoflex Fire Retardant” shall be applied to the exposed pipe at a nominal application rate of 3 m² per litre.

PSL 3.9.3.3 Puddle Pipes (New Sub-Clause)

Add new Sub-Clause:

“All puddle pipes shall be primed and wrapped in accordance with the above procedure. The wrapping shall extend from (but shall not include) the puddle flange to 150mm beyond the concrete surface. Final coating with “Denzoflex” Fire Retardant is not necessary unless the pipe is exposed outside a chamber.”

PSL 3.9.3.4 Cathodic Protection (New Sub-Clause)

Add new Sub-Clause:

“The Contractor will be required, to appoint a selected-subcontractor to execute this work, in which case a provisional sum will be provided for in the Bill of Quantities.”

PSL 3.10 VALVES

From this sub-clause delete “SABS 1200 LK” and substitute “the relevant Particular Specification-Valves included in the Contract Document”

PSL 4 PLANT

PSL 4.4 Packing (New Sub-Clause)

Goods should be suitably packed in such manner as will ensure safe and efficient transport by road or rail, and the Contractor shall include in his prices for whatever packing may be necessary in this respect. Small items particularly liable to damage or loss in transit should be crated. All crates and packing material shall, after use, become the property of the Employer, unless distinctly specified otherwise, or if returnable, shall be so at the Contractor's expense.

PSL 5 CONSTRUCTION

PSL 5.1 LAYING

PSL 5.1.1 General


“The coating of each pipe shall be inspected and holiday detected by the Contractor, immediately prior to being laid and these inspections will be witnessed and signed off by the Engineer or an appointed third party inspection authority. Two thirds of the circumference of each pipe and fitting will be inspected outside the trench, after the pipe/fitting has been transported to the construction site where it is to be laid. This inspection is to be carried out shortly before each pipe is hoisted for laying in the trench. The balance of the circumference of each pipe/fitting will be


inspected once the pipe/fitting has been laid in the trench. This will require the pie/fitting to be rotated to facilitate inspections.

All remedial work that is required shall be effected immediately upon detection of any holidays. The cost of holiday testing and effecting remedial work to the coating of the pipe at the installation location, as a result of construction or transportation or storage damage, shall be deemed to be included in the tendered rates for the laying of the pipe/fitting.

Each and every external coating make-good at welded joints, shall be holiday tested around the full circumference and be subject to approval of in terms of the relevant Quality Control Plan. All costs associated with holiday detection and any costs of effecting remedial work, shall be deemed to be included in the tendered rates ie no special or “extra over” payments will be made for external repairs or make goods at joints.

All pipe specials being corrosion protected with an external epoxy coating, shall be holiday tested before being incorporated into the works as well as holiday tested after inclusion into the works. All the costs of holiday detection and any costs for effecting remedial work shall be deemed to be included in the rates for the laying of the pipe/fitting.

The corrosion protection systems on all fittings and manufactured specials shall be holiday tested once included into the permanent works. All the costs of holiday detection and any costs of effecting remedial work shall be deemed to be included in the tendered rates for the laying of the pipeline.

The appropriate wet sponge tests shall be conducted on the internal surfaces of all epoxy linings, and particularly on reinstated areas and make good at joints, and on manufactured specials and repairs to linings. This will be carried out from time to time and again before final cleaning of sections of the pipeline that are completed. All the costs associated with wet sponge holiday detection and any costs for effecting remedial work shall be deemed to be included in the rates for the laying of the pipeline.

Should the Contractor feel that some of the holidays detected in an epoxy lining, are as a result of the original manufacturing process, this should be brought to the Engineer’s attention for evaluation. The Engineer’s decision in this regard will be final and, should it be decided that the holidays are in fact as a result of the manufacturing process, the Contractor will be required to repair same at the cost of the Employer.”

PSL 5.1.3 Keeping Pipelines Clean

Add to the sub clause:

“The Contractor shall take all of the steps necessary to prevent flooding of the Works and hence ensure that all work is carried out in the dry, and that the ingress of dirt and or dirty water into the pipes is prevented.”

PSL 5.1.3.1 Cleaning Pipe Internals (New Sub-Clause)


Add new Sub-Clause:

“The Contractor shall ensure that all pipe work is installed internally free of any contaminants. All traces of dirty water, slag, splatter, swarf, cuttings, coupons, welding rod ends, grinding dust, dirt and other debris are to be removed from the inside of the pipe as it is installed.

The Contractor shall ensure that all dust, grit and powder that accumulates in the pipe as a result of grit blasting for the repair of internal linings, be removed from the pipe in an acceptable manner before the internal lining repairs are carried out.

Once the lining repair has been completed, cleaned off and inspected, that specific section of the pipe shall be blocked off to prevent any further access by workers.

The Contractor shall take note that flushing of the completed pipeline may not be allowed after construction has been completed and therefore clean house keeping practices will be required under all circumstances during construction. The tendered rates for pipe laying shall include for the clean house keeping practices required.

Each section of the pipeline is to be internally inspected and passed by the Engineer once construction has been completed. If the pipework is not satisfactory, the Contractor shall re clean the pipe at his own expense until the pipe is passed clean. The Engineer reserves the right to utilize cameras or any other means to inspect inaccessible areas.”

PSL 5.1.3.2 Cleaning of Valves and Fittings (New Sub-Clause)

Add new Sub-Clause:

“All flanges, valves, fittings and equipment are to be installed in pipe work only after they have been thoroughly cleaned. Flange faces shall be checked for damage before being incorporated into the permanent works and any damage shall be reported to the Engineer.”

PSL 5.1.5 Working Inside Pipes and Protection of Internal Linings (New Sub-Clause)

Add new Sub-Clause:

“All possible care shall be exercised during construction in order to avoid damage being inflicted to the pipe lining as a result of the installation and welding activities.

In respect of linings other than for cement mortar lining, the following procedures shall be adopted:

The relevant safety procedures are to be followed when entering pipes

Placing of rubber protection mats in the pipeline to ensure that no damage occurs as a result of foot traffic, falling tools and


equipment, weld splatter and or grinding spray. On steep slopes, the mat is to be restrained from sliding down the pipe. Care must also be taken on steep slopes to restrain equipment and hand tools from sliding down the pipe during construction.

Labourers working inside the pipe are to wear soft soled shoes. Wet sacking or rubber matting shall be placed on the pipe invert in

the areas where welding or flame cutting operations are in progress to minimise the extent of damage to the lining from weld splatter or molten metal from flame cutting. This requirement shall be strictly enforced.

Tools shall be placed on rubber foam or resilient rubber matting to protect the epoxy pipe lining against mechanical damage.

Particular care is to be taken inside the pipe when any tie-in nto the pipe is done for the purpose of fitting air valves, scour valves, by passes and other tie ins.

Once internal work in a specific pipe sections has been completed and the pipe has been successfully cleaned, holiday detected and approved as being constructed to the satisfaction of the Engineer, the Contractor shall block off that section of pipe to prevent any further man entry into same.

Detection of holidays in internal lining will only commence once all internal activities in the pipe line have been completed. That is welding of joints, preparation of joints for epoxy reinstatement, as well as epoxy reinstatement in terms of the requirements of this specification. This excludes repair of epoxy lining as a result of damage incurred before the pipe is transported to the construction site as these defects will be repaired in the pipe yard.

Once all work is complete in a particular length of pipe, the Contractor shall arrange for the pipe to be thoroughly swept of all dust and debris. The pipe lining and joint repair will then be tested with a "wet sponge" detector set at 90 Volts in order to detect any electrical insulation defects.

The rates tendered in the Bill of Quantities shall include for all the measures required under this clause.”

PSL 5.1.6 Equipment for Inspecting Internal Surfaces of Pipes (New Sub-Clause)

The Contractor shall make the following equipment available for use by the Engineer for the inspection of the internal surfaces of the pipes DN 600 and larger:

One pair of boots having leather uppers and rubber soles One one-piece overall with at least one breast pocket One adjustable safety harness Two screw drivers, 5 cm and 10 cm long


One small peen hammer A two-cell torch with a 10W light bulb with two sets of

rechargeable batteries and a battery charger and spare bulbs A sufficient length of 16 mm diameter rope to suit the conditions

on site. One trolley suitable for inspecting pipes of the appropriate

diameter(s).

The equipment shall be kept in good condition and operating order throughout the duration of the Contract. No separate payment will be made for this equipment and the costs therefore will be deemed to be included in the tendered rates.

PSL 5.1.7 Pipe Support (New Clause)

Add new Sub-Clause:

Temporary pipe supports may be used to assist setting up and assembly. However permanent pipe supports should be installed as soon as possible to minimize double handling and/or omission during construction.

Permanent pipe supports shall be constructed as indicated on the drawings or as directed on site.

Before testing, all permanent supports shall be complete and all temporary supports removed, unless otherwise agreed by the Engineer.

PSL 5.1.8 End Caps (New Sub-Clause)

Add new Sub-Clause:

The Contractor shall, at the end of each days work, fit approved end caps to the open ends of the pipeline under construction, to seal off the pipeline to the extent that it is totally dust and water proof in the event of the trench becoming flooded. An example of an approved ‘end cap’ being a flange adaptor with blank flange bolted to end.

End caps shall be maintained during nonworking periods.

The tendered rates for the laying of pipe shall be deemed to include for the supply, fitment, and maintenance of the end caps.

PSL 5.2 JOINTING METHODS

PSL 5.2.2 Flanged Joints


Before being brought together, the ends of the pipes, fittings, couplings and flanges are to be inspected and cleaned to ensure that all parts forming the joint are undamaged and clean.


When jointing flanges, the faces shall be cleaned thoroughly and approved jointing material (compressed asbestos cement fibre or other approved gaskets on flanged joints), cut properly to size, is to be inserted immediately before bringing the two flanges together. Before closing the joints, the flanges must be parallel to each other, with all bolts inserted in the bolt holes. After the fittings have thus been aligned and well supported, the joint shall be bolted up to a uniform tightness using torque wrenches to achieve the required compression force on the gasket. Diagonally opposing bolts shall be tightened sequentially.

If and where full face gaskets are used, the jointing material shall be flush with, or protrude beyond, the outer circumference of the flange (this in not applicable to raised face flanges). On completion of the joint, the flanges and bolts shall be protected as described in Clause PSL 3.9.3.1

PSL 5.2.3 Welding (Steel Pipelines DN 600 or Greater)

Delete the title and replace with “Welding (Steel Pipelines)”.

Delete the 1st sentence and replace with:

Field welding of steel pipelines shall be carried out in accordance with the relevant requirements of the latest version of API 1104. The Contractor, prior to commencement of welding, shall produce a qualified welding procedure in accordance with the latest version of API 1104, for the intended sizes, processes, positions and consumables to be used on this project.

Welding shall be carried out by welders who are competent in terms of the procedure approval test given in API 1104. Prior to commencement of welding, the current qualification of each welder must be produced in accordance with the welding procedure. Should constant repairs be required on welds carried out by one particular welder, the Engineer may request that the welder be re-tested or removed from the project.


Examination of Welds

The Contractor shall include in his prices for the manufacture and/or laying of pipes, bends, fittings and specials for the cost of carrying out, under the supervision of the inspector appointed by the Employer, examination of welds on the following basis:

(a) Manufacture of Pipes (Not applicable to pipes supplied by the Employer)

i) ONE HUNDRED percent radiographic examination of all welds deposited by an approved automatic process.

ii) ONE HUNDRED percent random radiographic examination of all welds deposited manually or semi-automatically, and repairs to welds done by an automatic process


(b) Field Welds

Radiographic testing will be performed on butt welds and dye penetrant testing on fillet welds. All welds will be tested and adjudicated in accordance with API 1104:Radiographic testing of butt welds, and dye penetrant testing on fillet welds, is to be carried out on 100% of the welds along the pipeline and within chambers

Repairs of welds will be permitted in accordance with approved repair procedures. Repairs shall be re-examined using the relevant non-destructive testing method. All costs associated with the repair of defective welds will be borne by the Contractor.

(c) Welds in Fabricated Bends, Fittings and Specialsi) ONE HUNDRED percent radiographic examination of all weld

deposited manually or semi-automatically in bends, fittings and specials which cannot be hydraulically tested because they have a plain end.

ii) TEN percent radiographic examination of all welds deposited manually or semi automatically in all flanged bends, fittings, and specials which are to be tested hydraulically.

The Engineer shall in all cases determine which welds are to be radiographed on the quantity basis specified above. All radiographs and records thereof made by the Contractor shall be made available to the Engineer to enable him to determine whether the welds are acceptable or not and no lining or wrapping of pipes shall be permitted until the welds have been accepted by the Engineer. To avoid any unnecessary delays, at· the option of the fabricator, radiographs may be approved by the manufacturer's inspectors subject to them being subsequently submitted to, and approved by the Engineer.

When a section of the weld is shown by radiography to be unacceptable, and if the limits of the deficient weld are not defined by the radiograph, additional radiography shall be carried out at the Contractor's expense until the limits of the deficiency are determined.

Repairs shall be re-examined using the relevant non-destructive testing method. All costs associated with the repair of defective welds will be borne by the Contractor. All repair welds shall be identified with a stamp marking, indicating which welder conducted the repair. Repaired welds shall be radiographed at the Contractor's expense but, after any repair welder has had ten consecutive repairs approved, the extent of the radiography of the repairs conducted by the welder may be decreased by agreement between the Engineer and the Contractor.

Production Testing of Welds (Not applicable to pipes supplied by the Employer)


The Contractor shall also include in his prices for the supply of pipes the cost of carrying out at the factory, non-destructive tests of shop production welds (additional to the qualification tests for welding procedure) on the following basis:-

One pipe from each one hundred pipes produced shall be selected at random and specimens for two guided cold bend tests and one transverse tensile test shall be cut therefrom and tested in accordance with SABS 719:1971, Section 7.

In the case of the guided cold bend tests, where welding is carried from one side only, bend - specimens shall be tested with the rest of the bend in tension; where welded from both sides the specimens shall be tested with the inner and outer welds in tension alternately.

Tensile tests shall be carried out as for the qualification tests.

The pipes from which successfully tested specimens have been taken shall be trimmed to the maximum possible length and shall be accepted by the Employer for payment purposes as full standard pipe lengths.

In the event of the welds of any pipe failing to reach the standard of acceptance, such pipe shall be rejected. Two further plate coupons shall be prepared from different pipes, selected at random by the Engineer, for each specimen that has failed to reach the required standard. In the event of such additional tests proving to be satisfactory repairs to the pipe originally failing any test will be permitted by the Engineer and such repairs and subsequent re-test shall be at the Contractor's expense. In the event of the additional tests also failing to reach the required standard the Engineer shall have the right to reject the entire batch of pipes from which the coupon plates were cut.

PSL 5.2.3.1 Welding Procedure (New Sub-Clause)

Add new Sub-Clause:

Welding shall, unless otherwise prescribed in the approved welding procedure, commence at the top of the joint and proceed downwards. In addition to the root weld, at least two further passes shall be made, none of which is to exceed 3 mm in depth but this is subject to the approved welding procedure.

PSL 5.2.3.2 Aligning (New Sub-Clause)

Add new Sub-Clause:

The alignment of abutting ends will be such that the offset does not exceed 1,5 mm. Line-up clamps (“dogs”) may be used for the “fit-ups”. The use of “bridges and wedges” or any other method that may reduce the pipe wall thickness when removed or in any way introduce unnecessary stresses into the pipe is forbidden.


PSL 5.2.3.3 Weather Conditions (New Sub-Clause)

Add new Sub-Clause:

Welding shall not be performed under conditions that could affect the quality of the welded joint (e.g. high moisture or windy conditions). Windshields may be used where practical.

PSL 5.2.3.4 Clearance (New Sub-Clause)

Add new Sub-Clause:

The minimum clearance around the pipe during welding shall be 500mm or such other minimum distance that may be required to facilitate compliance with the approved welding procedure. When welding in the trench, adequately sized “fox holes” shall be excavated/formed so as to provide adequate access for the welders.

PSL 5.2.3.5 Visual Inspection (New Sub-Clause)

Add new Sub-Clause:

100% of each joint will be examined and the following criteria shall be met:

All welds shall be substantially uniform in appearance with the inner and outer weld beads not exceeding 1 mm and 3 mm in height respectively unless otherwise required in terms of the approved welding procedure.

Undercut shall not exceed 12,5% or 1mm in depth whichever is less, nor shall it’s length exceed 50mm in any 300mm length of weld .

The weld, heat affected zone, and surrounding parent metal shall be free from cracks, porosity and trapped slag.

All weld splatter must be removed prior to corrosion protection application.

PSL 5.2.3.6 Non-Destructive Testing After Construction (New Sub-Clause)

Add new Sub-Clause:

A DCVG (direct current voltage gradient) survey will be carried out on the pipe after pipe-laying and backfilling. All coating defects identified from the DCVG survey with a value greater than 3% IR or such other value as may be determined and agreed following analyses of the results of the first section which undergoes DCVG testing. The agreement between the Contractor and the Engineer on this baseline, will be set as the criteria for the coating repair requirements by the Contractor on the whole pipeline. All defects in the pipe coatings that are apparent from the survey shall be located and exposed, and the coating defect(s) repaired by the Contractor at the Contractor’s expense. Depending on the extent of the defects identified, the Engineer may call for a further DCVG survey after


the initial defects have been repaired by the Contractor, the cost of which testing shall then be borne by the Contractor.

A copy of a document that describes the methodology that will be followed when undertaking the DCVG survey will be available for inspection by Tenderers at the briefing meeting.

The Employer may consider utilizing PCM testing (Pipe Current Mapping) instead of DCVG testing. The same principle applies in terms of defects being found by means of PCM testing, after pipe laying has been completed. Any defects found in the pipeline coating after construction of the pipeline, as a result of the PCM testing indicators, shall be located and repaired by the Contractor at his expense.

PSL 5.2.3.7 Quality Control (New Sub-Clause)

Add new Sub-Clause:

Records of which welds were carried out by each individual welder as well as non-destructive testing results shall be submitted to the Engineer monthly. Should there be repetitive or serious defects, this information shall be forwarded to the Engineer immediately.


PSL 5.2.5 Cut Pipes (New Sub-Clause)

Add new Sub-clause:

Cut pipes shall be used where required as closure lengths. The cut ends shall be prepared in accordance with clause 5.1.5 of SANS 719:2008. The finished dimensions of ends cut on site must be within the tolerances applicable to the ends of the particular types of pipe to be laid. The cost of cutting and trimming of pipes shall be included in the rates tendered for laying and jointing pipes.

In the case of belled end steel pipe smaller than DN 600, where pipe is cut on site to suit the length required, and the length of the off-cut is 1 metre or longer, then a collar shall be welded on to one end of the off-cut to such that it may be used in the remainder of the pipeline. The collars shall be fabricated from flat plate of the same steel grade and of thickness not less than 4mm greater than the wall thickness of the pipe to which it will be welded.

PSL 5.4 CONCRETE ENCASING

In line number one replace the words “a strength 15MPa/37.5mm, or such other strength as is scheduled “with the words “a strength of a minimum of 25/19MPa”

In the last line replace “10MPa “with “18 MPa”

PSL 5.5 ANCHOR/THRUST BLOCKS AND PEDESTALS


For continuously welded or flanged steel pipeline anchor/thrust blocks are not required except where specifically shown on the drawings and scheduled in the Bill of Quantities.

PSL 5.10 DISINFECTION OF POTABLE WATER PIPELINES

Delete the clause and replace with:

For disinfection purposes the pipeline may be considered in two portions.

The first portion is from the new pump station to the Wartburg Reservoir, this section is approximately 8km. This portion is to be constructed and disinfected first.

The second portion is the portion from Claridge Reservoir to the new pump station. This portion is approximately 19.3km.

The sections are to be disinfected approximately a week before commissioning.

The pipeline may be disinfected in sections between isolating valves.


The entire pipeline disinfection will be monitored by the Employer’s personnel. The disinfection criteria are stringent and the Contractor shall keep the pipeline clean throughout the Contract.

The Contractor will be required to submit a detailed method statement for approval by the Engineer.A minimum requirement will be that the method statement deals with the method of dosing, how the dosing rate will be controlled to ensure a uniform distribution throughout the pipeline to be disinfected, the chemicals to be used, the anticipated range of dosing rates and equipment to be used, and the name and qualification the Contractor's person supervising the disinfection.

The pipeline shall then be filled in accordance with PSL 7.3.4 – “Initial Filling of the Pipeline”. Whilst being charged, a sodium hypochlorite solution shall be introduced into the pipeline in such a manner as to ensure that a theoretical total chlorine concentration of at least 25 ppm (mg/l) is achieved throughout the pipeline.

Once the section of pipeline has been filled in this manner, it shall be left for a 24-hour period. Thereafter, total chlorine concentrations shall be measured at each scour point. A concentration of 20ppm total chlorine will be considered acceptable. Should this concentration not be achieved at all scours, the Contractor shall take all steps considered necessary by the Engineer to achieve satisfactory disinfection, at his/her own cost.

Once satisfactory disinfection has been achieved, the section of pipeline shall be drained via the scour valves (or by other means approved by the Engineer) and sufficient sodium thiosulphate (typically 1 part of total chlorine) shall be dosed into the scour-wet wells to fully neutralise the chlorine before discharging to watercourse.

Once the whole section of pipeline which is to be commissioned has been disinfected as above, the whole section shall then be re-charged in accordance with the stated procedure and, after 24 hours, samples shall be taken for analysis. Should the following limits not be achieved, the Contractor shall carry out at his/her own cost, all steps deemed necessary by the Engineer to achieve satisfactory disinfection.

Water Quality Limits

PARAMETER COUNTe. coli 0

Coliforms 0Faecal Streptococci 0

Refer to PSL 7.3.0 for water required for disinfection and the hydraulic testing.

Refer to PSL 7.3.0 for water required for disinfection and the hydraulic testing.



PSL 6.3 ALIGNMENT (PLAN AND LEVEL)

In the third line delete “+ 100mm or + 20%” and substitute “+ 50 mm or + 10%”.

In the fourth line delete “+ 20 mm” and substitute “+ 10 mm”.

Delete the last sentence and replace with “The permissible deviation from the designated invert level of the pipeline at each point of intersection (PI) shall be + 50 mm, however, over and above this, a minimum grade of 1:350 must still be applied throughout.

PSL 7.3 STANDARD HYDRAULIC PIPE TEST

PSL 7.3.0 Water for Hydraulic Test and Disinfection (New Sub-Clause)

Add new Sub-clause:

The Contractor shall supply potable quality water for hydraulic testing and disinfection of the pipeline.

Water used for one filling of the pipeline for hydraulic testing, one filling for disinfection and one filling after draining the disinfection water will be provided by the Employer to the Contractor, free of charge. Additional water supplied by the Employer owing to unsuccessful disinfection and/or hydraulic testing will be charged to the Contractor.

Filling of the pipeline for hydraulic testing shall be carried out slowly to enable air to escape and under the direction of the Engineer.

PSL 7.3.1 Test Pressure and Time of Test

From the 4th line of sub-clause 7.3.1.1 delete the words “isolating valves and/or”. Pressure testing shall not take place against closed isolating valves. Where necessary a blank flange or “spade” shall be inserted if isolation for pressure testing purposes is required at the location of an isolating valve.


Each portion of the pipeline shall be subjected to a field test pressure equivalent to the head of water above mean sea level as shown on the drawings for the particular portion. (refer to the ‘Field Test Horizon’s’ indicated on the relevant drawings)

The pipeline shall not be tested in sections exceeding a maximum allowable length of 2 000 m unless otherwise agreed by the Engineer and taking cognisance of any restirciton on the length of open trench allowed. The Contractor shall make due allowance in the construction programme and in the tendered rates for the entire testing operation including for the provision of temporary end stops (flanges or bullnoses) and any other costs associated with testing the pipeline in intermediate sections. Once all intermediate sections have been successfully tested, the untested sections, if any, between the ends of the tested sections shall be visually inspected under a pressure equivalent to that of the adjacent sections, or if the adjacent secitons have different test pressures, then to the lesser of these.

The pipe shall not be tested until the associated structural concrete for anchorage has cured for 28 days or until such concrete has attained the specified design strength. Once filled, the pipe shall be left for 24 hours to permit maximum saturation of the cement mortar lining if so lined.


Thereafter the section to be tested shall be pressurised to the specified pressure and left for 24 hours, during which period, the pressure drop (if any) and the quantity of water required to be pumped in to restore the test pressure shall be measured and recorded. In addition, all flexible and flanged joints shall be visually inspected and there shall be no sign of leakage.

The permissible leakage rate shall be zero (0) litres.

At all times when there is water in the pipeline, and particularly during filling, testing and draining of the pipeline, all air valves shall be in operation and their individual isolating valves shall be open.

PSL 7.3.1.2 Delete the Sub-Clauses 7.3.1.2 and refer to the ‘Field Test Horizon’s’ indicated on the relevant drawings

PSL 7.3.1.3 Delete the Sub-Clauses 7.3.1.3 and refer to the ‘Field Test Horizon’s’ indicated on the relevant drawings

PSL 7.3.3 Permissible Leakage Rates

Delete the title of Sub-Clause and substitute the following:

Permissible Make-up Water

Add additional paragraph to the Sub-Clause as follows:

(c) Welded steel pipelines (cement mortar lined) -- Nil

PSL 7.3.4 Initial Filling of Pipeline (New clause)

Add new Sub-Clause:

The entire process for filling the pipeline at any time during testing or disinfection shall be carried out under the supervision of the Engineer. Under no circumstances will the Contractor be allowed to carry out filling of the pipeline without the supervision of the Engineer, neither shall he/she permit any other persons to carry out such filling without the written permission of the Engineer.

Any damage to the pipeline caused by non-compliance with this clause shall be rectified at the Contractor’s expense.

PSL 7.3.5 Connections After Testing (New Sub-Clause)

Add new Sub-clause:

The connections of the new pipework to the existing pipework shall only be carried out after the pipeline hydraulic test and disinfection have been completed and accepted by the Engineer. For this reason, testing must be carried out against a blank flange or bullnose end cap at these locations.

PSL 7.3.6 Remedial Measures (New Sub-Clause)

Add new Sub-clause:

In the event that a pipe section fails a test, the Contractor shall carry out all remedial measures necessary to obtain a successful test of each individual section and the entire pipeline, at his/her own expense. Such remedial measures shall in no way compromise the original pipeline specifications.


PSL 7.3.7 Draining of the Pipeline (New Sub-Clause)

Add new Sub-clause:

The pipeline may have to be drained to carry out remedial measures and it must be drained before the disinfection process commences. The pipeline shall be drained via the scour valves in a manner that does not cause erosion of the streambeds or negatively impact on the environment in any way. All such drainage of the pipeline shall be carried out under the supervision of the Engineer.

PSL 7.6 Commissioning (New Sub-Clause)

Add new Sub-clause:

The pipeline will be considered to have been commissioned and practically complete once all the associated structures are sufficiently complete to carry out their structural and hydraulic function and the hydraulic test and disinfection of the entire pipeline, and the tie-in to the existing pipeline has been successfully completed.

PSL 8 MEASUREMENT AND PAYMENT

PSL 8.2.1 Supply, Lay, and Bed Pipes Complete with Couplings

Delete the heading and substitute: Supply, weld, lay, bed test and disinfect pipes complete with Couplings in trenches.

Add the following to PSL 8.2.1:

The costs of making good the internal linings and external coatings on all butt welded and fillet welded joints on the pipeline are to be included in the tendered rates.

PSL 8.2.16 Special Wrapping in Corrosive Soil

Delete the heading and substitute: Corrosion Protection


The costs of making good the internal linings and external coatings on all butt welded and fillet welded joints on the pipeline are to be included in the tendered rates.

Add new items:

External corrosion protection to flanges, adaptor joints, valves…………….. Unit: No

Separate items will be scheduled for each item by pipe nominal diameter.

In the case of valves, the rate shall include for protection of the whole of the valve body, all flanges integral to the valve, the connecting flanges to the valve (i.e. including the two flanges of the pipework connected to either side of the valve) and the packing of mastic (without tape or sheathing) over the gland adjusting bolts and nuts.

PSL 8.2.17 Tie-in to Existing Pipeline (New Sub-Clause)

"Tie-in to existing pipeline Unit: Number


The rate for connecting to existing pipelines shall cover the cost of exposing the existing pipeline, making arrangements with the other Contractor to temporarily shut off the existing pipeline (if required) whilst effecting the connection, cleaning and preparing the pipe for cutting, cutting pipe, deliver cut pipe to Mhlathze Water stores, dealing with all water (including that from possible leaking valves), preparing the pipe ends for jointing, welding / jointing and connecting the new pipework, making good internal linings and external coatings, re-commissioning the pipeline, and including all temporary supports, bedding and backfilling.

Separate items will be scheduled for each connection.

PSL 8.2.18 Pipe Furniture...............................................................................Unit: ton

The rate shall include for the manufacture, supply to site, and erection of all pipe supports to Engineers detail in mild steel with HDG coating. All anchor and holding down bolts, nuts and washers are to be included in the rate.


MHLATHUZE WATERCONTRACT NO.MW/??/2017


PSLB BEDDING (PIPES) (SANS 1200 LB)

PSLB 2.3 DEFINITIONS

Main fill:

Delete "150 mm" in second line and substitute "300 mm".

PSLB 3 MATERIALS

PSLB 3.1 SELECTED GRANULAR MATERIAL

(For bedding material for steel pipes see PSLB 3.3 below)

In the second line delete "19 mm" and substitute "10 mm".


The maximum compactibility factor shall be 0,4.

PSLB 3.2 SELECTED FILL MATERIAL

Not required. All material up to the underside of backfill shall be measured as selected granular. (for bedding material (padding) for steel pipes see PSLB 3.3)

PSLB 3.3 BEDDING


All steel pipes and fittings laid under this Contract will be considered as being flexible pipes. The bedding cradle (selected granular material) for steel pipes shall be fine sand or fine non-cohesive soil, carefully selected, with maximum particle size 6,7mm and which shall not cake nor form lumps when drying. Samples of bedding cradle (selected granular) sand shall be submitted by the Contractor to the Engineer for approval well in advance of construction. Only after the Contractor has received written approval from the Engineer, may he/she proceed with placing sand as selected granular material.

No sharp-edged stones shall be allowed to come into contact with the pipes or fittings. Joint holes (pockets) shall be provided in the trench bottom and bedding, at each pipe joint to facilitate welding, and no extra payment will be made for forming or filling the joint holes (pockets) with. Selected granular material

All selected granular material used for the bedding cradle beneath and surrounding the coated steel pipes shall comply with the following requirements:




GRADING ANALYSIS RANGESIEVE SIZE (mm) PERCENTAGE PASSING

9,5 1006,7 98 to 100

4,76 85 to 1002,36 55 to 951,18 30 to 750,60 20 to 50

0,425 16 to 380,30 13 to 270,15 5 to 18

0,075 0 to 12

The material shall be free of organic matter and shall have a compatibility factor of not more than 0.4. The material should be classified as silty to fine sand having a stiffness ratio of not less than 5,0 MPa. Furthermore, the origin of the materials should, preferably, be river transported since it is preferable that the larger grains (3,0 to 4,8 mm in size) be rounded and not sharp and angular.

The Contractor will be required to carry out his/her own quality control testing of the material to ensure that it meets the bedding cradle requirements and complies with this specification at all times. At least one grading analysis shall be carried out for every 100 lineal metres of bedding placed. The results of these tests shall be forwarded to the Engineer within 24 hours of completion of the test. Should the material not comply with the specification, the Contractor shall remove and replace it with approved material at his/her own cost.

Depending on the actual material supplied by the Contractor, the moisture content may be critical to enable satisfactory placing and compaction and the Contractor will be deemed to have allowed in his tendered rate for any and all adjustments required to the moisture content of the selected granular material at all times.

Items have been provided in the Bill of Quantities for the provision of approved selected granular material from approved Commercial or other approved off-site sources for the bedding cradle sand

No extra payment will be made for forming or filling joint holes (pockets).




PSLB 3.4 SELECTION

PSLB 3.4.1 Suitable Material Available from Trench Excavation


If, in the opinion of the Engineer, suitable bedding cradle material can be produced from the excavated material, the Contractor shall, if so ordered by the Engineer, screen or otherwise treat (as scheduled) the excavated material in order to produce material suitable for the bedding cradle (see also Sub-Clause PSLB 8.2.1).

PSLB 5 CONSTRUCTION

PLSB 5.1 GENERAL

PSLB 5.1.2 Details of Bedding

Delete and replace with:

Pipes shall be bedded and protected in accordance with the details shown on the drawings.

PSLB 5.1.2.1 Stone Drainage Layer Beneath Bedding (New Sub-Clause)

Add new Sub-Clause:

Where indicated on the drawings, or as otherwise indicated by the Engineer, a 200 mm thick layer of 19 mm stone shall be placed beneath the bedding layer to act as a drainage channel for excessive groundwater. This layer shall be wrapped in Bidim and provided with outlet pipes if and where indicated.

PSLB 5.1.4 Compacting

Delete the second line and substitute:

top of the pipeline) shall be at least 93% of mod AASHTO maximum density (see 6.1) Should it prove impractical to determine this required degree of compaction by means of density testing, then trial sections of compacted bedding shall be done in collaboration with an approved Geotechnical Engineer to develop a method specification acceptable to the Engineer for the compaction.

Add to Sub-Clause 5.1.4:

The Contractor shall take steps to ensure that flexible pipes do not deform excessively in cross-section during and after construction and backfilling operations. The maximum deflection which will be acceptable at any stage during or after construction is 2% of the pipe diameter horizontally or vertically. The Contractor will be required to provide the necessary apparatus and to monitor deflection during construction.

Pipe deformations will only be maintained within the specified tolerances by correct backfilling practice. No heavy compaction equipment will be permitted for compaction of any pipe bedding, only pneumatic or hand rammers being acceptable. To this end, and to achieve the required compaction specified it is required that the




bedding material be brought up evenly on either side of the pipe. The use of complete saturation of the material as a method of achieving the specified compaction may, subject to the Engineer's approval, be used. However, in this regard, Tenderers are advised that the presence of excessive quantities of water in the pipe trench could lead to flotation of the pipe.

Prior to the commencement of pipe laying the Contractor shall submit, to the Engineer for approval, the placing and compacting methods which he proposes to implement in order to ensure compliance with the specification.

PSLB 5.1.5 Testing (New Sub-Clause)

Flexible and flanged joints shall be left exposed with a minimum of 300 mm clearance around the bottom of the pipe during hydraulic pressure testing of the pipe to facilitate inspection.

PSLB 5.2.5 Drainage layer (New Sub-Clause)

In areas where waterlogged conditions exist or where ordered by the Engineer, special drains consisting of a 150 mm thickness (See PSDB 5.5) of single sized stone with a geofabric filter surround ("Bidim" Grade A4 or similar approved) extending the full width of the trench shall be provided below the bedding to the pipes. The excavation for these drains will be measured in cubic metres at the contract rate applying to unsuitable excavation below the bottom of the trench. The stone filling will be paid for per cubic metre and the geofabric filter will be paid for per square metre. All measurements in this connection will be to a width equal to the base widths and depths ordered.

PSLB 5.3 Placing and Compacting Flexible Pipes

PSLB 5.3 (a) Bedding Cradle

Delete the sub-clause and substitute the following:

The pipes shall be bedded on a minimum 150mm thick layer of compacted granular bedding material on which a 50 mm thick layer of uncompacted granular bedding material has been placed and spread. Loose granular bedding material lying next to the pipe shall be placed into the haunch area and compacted with suitable hand tools (covered with rubber to prevent damage to the pipe coating), and additional selected granular material shall be added and compacted in layers up to the level of the pipe center. The remainder of the bedding cradle, shall be placed in layers of 100mm un-compacted thickness up the sides of the pipe and over the full width of the trench. Each layer then compacted to at least 93% of mod AASHTO maximum density. This process being repeated until the bedding cradle has reached a level of 300 mm above the crown of the pipe.

All bell (fox) holes shall be similarly filled with bedding material.

PSLB 5.3(b) Selected Fill Blanket




Delete the wording and replace with “the fill blanket is replaced with the bedding cradle material which shall be to 300mm above the crown of the pipe”

PSLB 5.3 c) Selected Backfill

Upon completion of the bedding cradle, selected fill material, to be placed in 100mm un-compacted thick layers over the full width of the trench. Each layer then compacted to at least 90% of mod AASHTO maximum density. This process being repeated until the finished ground level is reached.

PSLB 6 TOLERANCES

PSLB 6.1 Moisture Content and Density


The permissible deviations applicable are to be those for Degree of Accuracy II class of work.

PSL 7 TESTING

PSL 7.1 DENSITY


The Contractor shall make the necessary tests of the compacted surface of the bedding cradle in stages as follows :- (or as otherwise instructed, and witnessed, by the Engineer’s representative)

1. At pipe invert level – every 12m along the route

2. At pipe centre level – every 12m along the route

3. At pipe crown – every 12m along the route

4. At top of bedding cradle level (i.e. 300mm over crown of pipe) – every 12m along the route

The Contractor shall make the necessary tests of the compacted surface of the backfill in stages as follows :- (or as otherwise instructed, and witnessed, by the Engineer’s representative)

1. At half way between top of bedding cradle and finished ground surface level – every 12m along the route

2. at finished ground surface level – every 12m along the route




PSLB 8 MEASUREMENT AND PAYMENT

PSLB 8.1.3 Volume of Bedding Materials


(c) The volume of bedding cradle material shall be measured net i.e. the volume of the pipe is to be deducted.

(d) No additional payment will be made for bedding cradle material placed in bell (fox) holes

PSLB 8.2.1 Provision of Bedding from Trench Excavation


Without the need for screening:

a) Selected granular material...................................................................................Unit: m3...............................................................................................................

b) Selected fill material Unit: m3

The rates shall cover the cost of acquiring, from within the free-haul distance, along the trench excavation as may be selected by the Engineer, bedding that complies with the relevant requirements of the specification, of delivering it to points alongside the trench spaced to suit the Contractor's methods of working, of making good any backfill deficiency from points where backfill has been acquired, and of disposing of displaced material.

Including for screening:

c) Selected granular material......................................................................Unit: m3

The rates shall cover the cost of screening or otherwise treating excavated material, at any point, within the free-haul distance, along the trench excavation as may be selected by the Engineer, in order to produce bedding that complies with the relevant specification, delivering it to points alongside the trench, spaced to suit the Contractor's methods of working, of making good any backfill deficiency there may be from points where screened backfill material has been acquired, and of disposing of displaced material.

PSLB 8.2.2 Provision of Bedding by Importation

Delete the sub-clause and substitute the following:

Including for screening and/or other treatment:

a) Selected granular material..........................................................................Unit: m3

b) Padding sand to specified bedding dimensions............................................Unit: m3

The rates shall cover the cost of acquiring, loading, transporting, offloading, screening or otherwise treating excavated material in order to produce bedding that




complies with the relevant specification, delivering it to points alongside the trench spaced to suit the Contractor's methods of working and of disposing of displaced material.

NOTE:The rate for the supply and laying of pipelines covers the cost of handling the bedding material from alongside the trench, placing it under the pipeline, forming joint holes and completing the bedding around and over the pipeline.

PSLB 8.2.6 Drainage Layer (New Sub-Clause)

a) Supply and place stone filling beneath pipe bedding cradle. ………………Unit: m3

The rate shall be for a 150mm deep crushed stone layer as ground water drainage measured according to a width equal to the base widths. The excavation for these drains will be measured in cubic metres at the tendered rate applying to unsuitable excavation below the bottom of the trench (SABS 1200 DB 8.3.2 c).

b) Supply and installation of geofabric filter material

(BIDIM Grade A4 or similar) around stone………………………………………. Unit: m2

The rate shall be per square metre of geofabric to enclose the stone material, measured net according to a width equal to the base widths and depths ordered.




PSLE STORMWATER DRAINAGE (SANS 1200 LE)

PSLE 3 MATERIALS

PSLE 3.1(a)Precast Concrete Pipes

Delete the sub-clause and substitute:

Concrete pipes shall be of reinforced concrete and shall comply with SABS 677 and be of the class as indicated on the drawings or scheduled in the Bill of Quantities.

PSLE 3.1 (d) Skewed Ends

Add to the Sub-Clause:Wherever required skew ends may be cut on site.

PSLE 3.1 (f)Pipes for Subsoil Drains (new Sub-clause)

Add new Sub-Clause:Pipes for subsoil drains shall have the specified internal diameter, which shall not be less than 100 mm, and shall be slotted uPVC or HDPE pipes with a wall thickness in accordance with Class 4 pressure pipes to SABS 966 or SABS ISO 4427.

The size of the perforations in perforated pipes shall in all cases be 8 mm + 1,5mm diameter and the number of perforations per metre shall not be less than 26 for 100 mm pipe and 52 for 150 mm pipe. Perforations shall be spaced in two rows for 100 mm pipes and four rows for 150 mm pipes.

Slotted uPVC or HDPE pipes shall have a slot width of 8 mm with a tolerance of 1,5mm in width. The arrangement of slots shall be to the Engineer’s approval but the total slot area shall not be less than specified for the perforations.

PSLE 3.4.1 Bricks

Add to the Sub-Clause:Cement bricks complying with the relevant requirements of SABS 1215 bricks shall be considered as being acceptable.

PSLE 3.6 Concrete (new Sub-Clause)

Concrete shall comply with the relevant requirements of SABS 1200 G or SABS 1200 GA, whichever is included in the project specification.

PSLE 3.7 Permeable Material for Groundwater Drains

Add the following new Sub-Clause:Permeable filter materials for groundwater drains shall consist of crushed stone of suitable gradings.

Permeable materials shall conform to the following requirements:




Crushed stone shall be clean, hard single sized stone and shall be free from shale, clay and other deleterious substances.

The aggregate crushing value of the stone shall not exceed 30 when tested in accordance with TMH 1 Test Method B1.

PSLE 5 CONSTRUCTION

PSLE 5.1.4 Culvert Construction After Earthfill


Wherever possible pipes and rectangular culverts shall be laid under trench conditions.

The compacted fill shall first be constructed to a height of 300 mm above the culvert before excavating for the culvert.

The trench width shall not exceed the outside diameter of the pipe plus 600 mm. A working width of 600 mm each side shall be allowed for rectangular culverts.

PSLE 5.2.2 Pipe Culverts

Add to the sub-clause:

The bedding for stormwater pipes shall be to the requirements for Class C bedding of SABS 1200 LB, unless otherwise specified or shown on the drawings.

The ogee joints shall be fitted with 200 mm x 6 mm rubber sealing collars conforming to the latest SABS 974 Specification and with a shore hardness of approximately 40 degrees, or alternatively, the ogee joints shall be primed and double wrapped in accordance with the manufacturer’s recommendations with 200 mm wide wrapping tape type CDP or similar approved.

PSLE 5.2.3 Concrete Casing of Pipelines

In second line of the Sub-Clause substitute “Grade 15/19” for “mix 15”.

PSLE 5.2.6 Construction of Groundwater Drains

Add the following Sub-Clause:

On completion of excavation the trench shall be lined with geotextile as specified or shown of the drawings.

A layer of permeable material of the class and thickness as shown on the drawings shall be placed on the bottom of the trench and lightly tamped and finished to the required gradient.

Pipes of the type and size required shall then be firmly bedded on the permeable material true to level and grades coupled where required and the trench backfilled in layers not exceeding 100mm with further permeable material to such height above the pipes as shown on the drawing or directed by the Engineer. The permeable material shall be lightly compacted and finished to the required level. The trench must




be specially protected against the ingress of water before completing the impermeable layer.

When placing successive layers the lower layer must not be walked on or disturbed more than can be avoided. Care shall be taken to prevent the contamination of permeable material during construction of the groundwater drains and all permeable material contaminated by soil or silt shall be removed and replaced by the Contractor at his own expense.

Where plain butt joint pipes are used they shall be laid firmly together to prevent infiltration of backfill material. Perforated and slotted pipes shall be joined by couplers. Perforated pipes shall be laid with the perforations at the bottom, as instructed.

The higher end of groundwater pipe drains shall be sealed off with a cap or loose concrete cap of Class 20/19 concrete, as shown on the drawings, and at the lower end the pipe drain shall be built into a concrete headwall providing a positive outlet or connected to stormwater pipes or culverts.

PSLE 5.8 Open Drains (new Sub-clause)

Add new Sub-Clause:

Open drains are to be constructed to the details shown on the drawings, or as directed by the Engineer, to the correct line, level and cross-section. The material excavated from open drains is to be stockpiled for future cover.

Measurement of open drain excavation shall be calculated from natural ground level or, in the case of drains within a road reserve, from the reduced level in the road excavation, and payment will be made on a rate per m3 basis irrespective of depth. The rate is to include for all work required to trim the drain(s) to the correct line and level.

PSLE 5.9 Stone Pitching (new Sub-Clause)

Where ordered by the Engineer, open drains, stormwater outlets, etc, shall be pitched with stone. Stone for pitching shall be of good, sound, durable rock of good shape and face, with a minimum size of 100 x 100 x 75 mm deep. Before pitching is commenced, all slopes and surfaces to receive pitching shall be carefully trimmed and dressed to the correct lines and grades. The pitching stones are to be laid with joints broken as much as possible and are to be hammered solid into position to present a regular and uniform surface. All joints are to be grouted to their full depth in 4:1 cement mortar.

PSLE 5.10 Cutting of Pipes (new Sub-Clause)

As far as is possible culvert lengths shall be such that pipe units need not be cut. Should any straight of skew cuts be necessary, such cutting will not be measured and paid for separately in terms of Sub-Clause 8.2.4 since all additional work required in cutting the pipes as well as the wasted pipe ends shall be regarded as being included in the payment for the supply, lay, joint, bed and test of the relevant pipe culverts, as per Sub-Clause 8.2.1.







PSLE 8 MEASUREMENT AND PAYMENT

PSLE 8.2.1 Supply and Lay Concrete Pipe Culverts

Delete the title of the sub-clause and substitute:

Supply, Lay, Joint, Bed and Test Pipelines


The bedding shall be Class C, unless otherwise specified or shown on the drawings.


The rates shall cover the cost of providing the pipes as well as the cost of laying, bedding, jointing and making connections into manholes, including dealing with storm water flow and testing the pipeline.

PSLE 8.2.4 Extra over Items 8.2.1 and 8.2.2 for Cutting End Units for Culverts on Site

Delete this Sub-Clause as no extra payment will be made for cutting end units for culverts.

PSLE 8.2.8 Supply and install manholes etc

Replace this clause with the following:

Catchpits, manholes, drop inlets and headwalls constructed will be measured and paid for as complete units.

Supply, construct and install drainage unit of the type, size category and depth stated in the Bill of Quantities Unit : No

The unit of measurement shall be the number of the particular type, size and category of drainage units supplied, constructed and installed in accordance with the drawings.

The tendered rate shall include for all materials, plant labour, supervision and incidentals for the construction of the drainage units complete and in accordance with the drawings.

The tendered rate shall further include for all necessary excavation in all materials, backfilling and disposal of surplus materials, formwork, concrete, benching, concrete finish, reinforcement, precast elements, steel channels and grids, step irons and all other items not specifically measured elsewhere, necessary for completion of the unit in accordance with the drawings.

The tendered rate shall include for all costs involved in complying with the requirements of the relevant specifications in respect of the individual types of work involved in completion of the units.

The tendered rates shall exclude for excavation in intermediate and hard material, payment for which shall be made as an extra over in the Bill of Quantities.





C5.3 Particular Specifications




SDPAA: DAYWORK SCHEDULE

CONTENTSPAA-1 GENERALPAA-2 SALARIES AND WAGES OF WORKMENPAA-3 CONSTRUCTIONAL PLANTPAA-4 MATERIALSPAA-5 MEASUREMENT PARTICULAR SPECIFICATION PAA: DAYWORK SCHEDULESDPAA-1 GENERAL

In cases where the Engineer orders any variation in the form, quality or quantity of the work or any extra work to such an extent that the tendered rates for specific items are no longer applicable, or where a combination of tendered rates cannot be applied to compensate for such work, the Engineer may, in terms of the General Conditions of Contract, order that the amended or extra work be carried out as daywork at the cost of labour, plant and materials. For that purpose provision is made for the Contractor to tender his rates for labour and plant in the Daywork Schedule which forms part of this contract.

No work will be measured as daywork unless:

(a) the Engineer agrees that the varied work is not in accordance with the specification or scope of a measured item in the contract;

(b) the Engineer has issued an order in writing for the execution of such varied work; and

(c) statements of plant and labour are submitted daily to the Engineer for his consideration and approval.

All work valued at the tendered rates in the Daywork Schedule will be subject to contract price adjustment as applicable to the Contract.

SDPAA-2 SALARIES AND WAGES OF WORKMEN

The amount to be paid for labour will be based on the rates tendered in the Daywork Schedule for the workers executing the work. The tendered rates shall be all-inclusive and shall be held to cover all charges for the Contractors profits, timekeeping, clerical work, insurance,establishment, superintendence, the use of hand tools, etc, and no additional surcharge over and above the tendered rates will be applicable.




SDPAA-3 CONSTRUCTIONAL PLANT

The rates for constructional plant as tendered in the Daywork Schedule shall cover all costs, overheads and profit for the contractor and no further surcharge will be payable on the tendered rates. The cost of operators shall be included in the tendered rates except where otherwise specified in Clause PAA-5 (Measurement and Payment) hereafter.

Where plant or equipment for which no rates exist in the Daywork schedule are employed, the cost thereof shall be determined as agreed with the Engineer in terms of the General Conditions of Contract. In such case contract price adjustment will only be applicable if the agreed cost is based on rental rates at the time of the base month before closing of tenders, or if the ruling rates current at the time of the execution of the work are de-escalated to the base month.

The Contractor will be paid for the transport to and from the site of constructional plant not on site and specially ordered by the Engineer to be brought on site. No payment will be made for transport of equipment listed in the Contractor's Schedule of Constructional Plant in the tender document, or for equipment which has been removed from the site on request of the Contractor, or for equipment already on site, regardless of whether it appears on the Schedule of Constructional plant or not.

SDPAA-4 MATERIALSMaterials required for daywork items which cannot be compensated under existing rates and have to be purchased, will be paid for at cost, excluding VAT, plus a surcharge of 15%. The cost of materials provided for daywork at current rates at the time when the work is executed, will not be subject to contract price adjustment unless the prices of the materials are de-escalated to the base month for escalation.

SDPAA-5 MEASUREMENT AND PAYMENTItem UnitSDPAA-5.1 Labour(a) Unskilled workers hour (h)(b) Skilled workers (Artisans) hour (h)(c) Operators and drivers (where measured separately) hour (h)(d) Foremen hour (h)(e) Others (specify) hour (h)

The unit of measurement is the hour or part thereof during which workers were engaged in daywork.




The tendered rate shall include full compensation for all salaries, wages, bonuses, pension, insurance, medical aid and other benefits as well as overheads arising from administrative personnel, site agents, supervisors, tools and profit. No surcharge will be paid on the tendered rates

The cost of operators included in the rates for constructional plant, will not be measured again under Labour. Item UnitSDPAA-5.2 Constructional Plant(a) Lowbed transport of plant to and from the site ton-kilometre (t.km)(b) Bulldozer and ripper(i) ................. (Specify power and mass) hour (h)(ii) ................. etc (for other bulldozers) hour (h)(c) Grader(i) ................. (Specify power and mass) hour (h)(ii) ................. etc (for other graders) hour (h)(d) Front-end loaders(i) ................. (Specify type, power and mass) hour (h)(ii) ................. etc (for other front-end loaders) hour (h)(e) Back-acting excavators (i) ................. (Specify type, power and mass) hour (h)(ii) ................. etc (for other back-acting excavators) hour (h)(f) Tractors and drawn rollers and trailers

(i) Tractor ............... (Specify type, power and mass) hour (h)(ii) Roller ................ (Specify types, masses) hour (h)(iii) Tractor with trailer, complete (Specify tractor, andtype and capacity of trailer) hour (h)

(g) Compactors(i) ................. (Specify type and mass) hour (h)(ii) ................. etc (for other types and masses) hour (h)

(h) Compressors(i) ................. (Specify capacity and number of tools) hour (h)(ii) ................. etc (for other compressors and tools) hour (h)

(i) Trucks(i) ................. (Specify type, and capacity) hour (h)(ii) ................. etc (for other trucks) hour (h)

(j) Light delivery vehicles(i) ................. (Specify load capacity) kilometre (km)(ii) ................. etc (for other) kilometre (km)

Item UnitSDPAA-5.3 Cost of materials delivered to

site (specify) ……………………………… Provisional sum or as scheduledThe unit of measurement for subitem 5.2(a) is the ton constructional equipment multiplied by the kilometre distance over which the plant has been transported with a lowbed transporter as ordered by the Engineer.




The unit of measurement for subitems 5.2(b) to (i) is the hour or part thereof during which the item of plant had been in active use for the daywork operation, including stopping time of less than five minutes.

Where applicable travel time to and from the normal parking position on site, or the position of the most recent non-daywork activity, as well as stopping time exceeding five minutes shall be multiplied by a factor of 0,6. Time shall be measured by means of a vibrating clock card.

The unit of measurement for subitem 5.2(j) is the kilometre travelled to collect or transport small quantities of materials. Kilometres travelled in light delivery vehicles by supervisors in the execution of normal supervisional duties, shall not be measured for payment.

The tendered rates shall include full compensation for the supply, maintenance, service, repairs, depreciation as well as fuel, lubricants, licensing, insurance, overheads and profit. It shall also include the cost of drivers and operators except in the case of subitem PAA-5.2(h) where the operators of tools are paid for under labour.

In the case of light delivery vehicles in subitem PAA-5.2(j), the cost of drivers are considered to be part of the overhead cost for supervision, and will not be paid separately.

The cost of drivers and operators included in the rates for constructional plant, will not be measured again under Labour.

GENERAL NOTES

(1) The rates and prices tendered for items in the Daywork Schedule in the Bill of Quantities include all costs, overheads and profit for the Contractor and will therefore not be subject to any further surcharges. The percentages stated in the Appendix to Tender are only applicable to materials and items which are not listed in the Daywork Schedule.

(2) All quantities, if any, which are shown in the Daywork Schedule must be regarded as provisional quantities which are under the sole control of the Engineer and may be omitted in whole or in part. The same shall apply to the provisional amount for materials (Item PAA-5.3) if included in the Bill of Quantities.




SDPAM: OHSA1993 HEALTH AND SAFETY SPECIFICATION

CONTENTS

PAM-1: SCOPEPAM-2: DEFINITIONSPAM-3: TENDERSPAM-4: NOTIFICATION OF COMMENCEMENT OF CONSTRUCTION WORKPAM-5: RISK ASSESSMENTPAM-6: APPOINTMENT OF EMPLOYEES AND SUBCONTRACTORSPAM-7: APPOINTMENT OF SAFETY PERSONNELPAM-8: RECORDS AND REGISTERSPAM-9: CONTRACTOR’S RESPONSIBILITIESPAM-10: MEASUREMENT AND PAYMENT

SDPAM-1: SCOPE

This specification covers the health and safety requirements to be met by the Contractor to ensure a continued safe and healthy environment for all workers, employees and subcontractors under his control and for all other persons entering the site of works.This specification shall be read with the Occupational Health and Safety Act (Act No 85 and amendment Act No 181) 1993, and the corresponding Construction Regulations 2014, and all other safety codes and specifications referred to in the said Construction Regulations. In terms of the OHSA Agreement in Section 9 (Forms to be Completed by Successful Tenderer) of the tender document, the status of the Contractor as mandatary to the Employer (client) is that of an employer in his own right, responsible to comply with all provisions of OHSA 1993 and the Construction Regulations 2014. This safety specification and the Contractor’s own Safety Plan as well as the Construction Regulations 2014, shall be displayed on site or made available for inspection by all workers, employees, inspectors and any other persons entering the site of works.

SDPAM-2:DEFINITIONSFor the purpose of this contract the following shall apply: (a) “Employer” where used in the contract documents and in this specification, means the

Employer as defined in the General Conditions of Contract and it shall have the exact same meaning as “client” as defined in the Construction Regulations 2014. “Employer”




and “client” is therefore interchangeable and shall be read in the context of the relevant document.

(b) “Contractor”, wherever used in the contract documents and in this specification, shall have the same meaning as “Contractor” as defined in the General Conditions of Contract. In this specification the terms “principal contractor” and “contractor” are replaced with “Contractor” and “subcontractor” respectively.

For the purpose of this contract the Contractor will, in terms of OHSA 1993, be the mandatory, without derogating from his status as an employer in his own right.

(c) “Engineer” where used in this specification, means the Engineer as defined in the

General Conditions of Contract. In terms of the Construction Regulations the Engineer may act as agent on behalf of the Employer (the client as defined in the Construction Regulations).

SDPAM-3: TENDERSThe Contractor shall submit the following with his tender:(a) a documented Health and Safety Plan as stipulated in Regulation 5 of the Construction

Regulations. The Safety Plan must be based on the Construction Regulations 2014 and will be subject to approval by the Employer;

(b) a declaration to the effect that he has the competence and necessary resources to carry out the work safely in compliance with the Construction Regulations 2014;

(c) a declaration to the effect that he made provision in his tender for the cost of the health and safety measures envisaged in the Construction Regulations.

(d) Failure to submit the foregoing with his tender, will lead to the conclusion that the Contractor will not be able to carry out the work under the contract safely in accordance with the Construction Regulations.

PAM-4: NOTIFICATION OF COMMENCEMENT OF CONSTRUCTION WORKAfter award of the contract, but before commencement of construction work, the Contractor shall, in terms of Regulation 3, notify the Provincial Director of the Department of Labour in writing if the following work is involved:

(a) the demolition of structures and dismantling of fixed plant of height of 3,0 m or more;

(b) the use of explosives;

(c) construction work that will exceed 30 days or 300 person-days;

(d) excavation work deeper than 1,0 m; or

(e) working at a height greater than 3,0 m above ground or landings.

The notification must be done in the form of the pro forma included under Section 9 (Forms to be Completed by Successful Tenderer) of the tender document.




A copy of the notification form must be kept on site, available for inspection by inspectors, Employer, Engineer, employees and persons on site.

SDPAM-5: RISK ASSESSMENTBefore commencement of any construction work during the construction period, the Contractor shall have a risk assessment performed and recorded in writing by a competent person. The risk assessment shall identify and evaluate the risks and hazards that may be expected during the execution of the work under the contract, and it shall include a documented plan of safe work procedures to mitigate, reduce or control the risks and hazards identified. The risk assessment shall be available on site for inspection by inspectors, Employer, Engineer, subcontractors, employees, trade unions and health and safety committee members, and must be monitored and reviewed periodically by the Contractor.

SDPAM-6: APPOINTMENT OF EMPLOYEES AND SUBCONTRACTORSSDPAM-6.1 Health and Safety PlanThe Contractor shall appoint his employees and any subcontractors to be employed on the contract, in writing, and he shall provide them with a copy of his documented Health and Safety Plan, or relevant sections thereof. The Contractor shall ensure that all subcontractors and employees are committed to the implementation of his Safety Plan. SDPAM-6.2 Health and Safety Induction TrainingThe Contractor shall ensure that all employees under his control, including subcontractors and their employees, undergo a health and safety induction training course by a competent person before commencement of construction work. No visitor or other person shall be allowed or permitted to enter the site of the works unless such person has undergone health and safety training pertaining to hazards prevalent on site. The Contractor shall ensure that every employee on site shall at all times be in possession of proof of the health and safety induction training issued by a competent person prior to commencement of construction work.SDPAM-7: APPOINTMENT OF SAFETY PERSONNELSDPAM-7.1: Construction SupervisorThe Contractor shall appoint a full-time Construction Supervisor with the duty of supervising the performance of the construction work. He may also have to appoint one or more competent employees to assist the construction supervisor where justified by the scope and complexity of the works.SDPAM-7.2: Construction Safety OfficerTaking into consideration the size of the project and the hazards or dangers that can be expected, the Contractor shall appoint in writing a full-time or part-time Construction Safety Officer if so decided by the Inspector of the Department of Labour. The Safety Officer shall have the necessary competence and resources to perform his duties diligently. Provision will be made in the schedule of quantities to cover the cost of a dedicated construction safety officer appointed after award of the contract if so ordered by the Engineer.




SDPAM-7.3: Health and Safety RepresentativesIn terms of Sections 17 and 18 of the Act (OHSA 1993) the Contractor, being the employer in terms of the Act for the execution of the contract, shall appoint a health and safety representative whenever he has more than 20 employees in his employment on the site of the works. The health and safety representative must be selected from employees who are employed in a full-time capacity at a specific workplace. The number of health and safety representatives for a workplace shall be at least one for every 100 employees. The function of the health and safety representative(s) will be to review the effectiveness of health and safety measures, to identify potential hazards and major incidents, to examine causes of incidents (in collaboration with his employer, the Contractor), to investigate complaints by employees relating to health and safety at work, to make representations to the employer (Contractor) or inspector on general matters affecting the health and safety of employees, to inspect the workplace, plant, machinery etc. on a regular base, to participate in consultations with inspectors and to attend meetings of the health and safety committee.

SDPAM-7.4: Health and Safety CommitteeIn terms of Sections 17 and 18 of the Act (OHSA 1993) the Contractor (as employer), shall establish one or more health and safety committee(s) where there are two or more health and safety representatives at a workplace. The persons selected by the Contractor to serve on the committee shall be designated in writing. The function of the health and safety committee shall be to hold meetings at regular intervals, but at least once every three months, to review the health and safety measures on the contract, to discuss incidents related to health and safety with the Contractor and the inspector, and to make recommendations regarding health and safety to the Contractor and to keep record of recommendations and reports made by the committee.

SDPAM-7.5: Competent Persons

In accordance with the Construction Regulations the Contractor has to appoint in writing competent persons responsible for supervising construction work on each of the following work situations that may be expected on the site of the works. Risk assessment and induction training as described in Regulation 7 of the Construction

Regulations; Fall protection as described in Regulation 8; Formwork and support work as described in Regulation 10; Demolition work as described in Regulation 12; Scaffolding work as described in Regulation 14; Suspended platform operations as described in Regulation 15; Batch plant operations as described in Regulation 18;




Construction vehicle and mobile plant inspections on a daily basis by a competent person as described in Regulation 21(1);

Control of all temporary electrical installations on the construction site as described in Regulation 22.

Stacking and storage on construction sites as described in Regulation 26; and Inspections of fire equipment as described in Regulation 27.

A competent person may be appointed for more than one part of the construction work with the understanding that the person must be suitably qualified and able to supervise at the same time the construction work on all the work situations for which he has been appointed.The appointment of competent persons to supervise parts of the construction work does not relieve the Contractor from any of his responsibilities to comply with all requirements of the Construction Regulations.

SDPAM-8: RECORDS AND REGISTERSIn accordance with the Construction Regulations the Contractor is bound to keep records and registers related to health and safety on site for periodic inspection by inspectors, the Engineer, the Employer, trade union officials and subcontractors and employees. The following records and registers must be kept on site and shall be available for inspection at all times.

1. A copy of the OHSA 1993 Construction Regulations 2014;2. A copy of this Health and Safety Specification;3. A copy of the Contractor’s Health and Safety Plan (Regulation 4);4. A copy of the Notification of Construction Work (Regulation 3);5. A health and safety file in terms of Regulation 5(7) with inputs by the Construction

Safety Officer [Regulation 6(7)];6. A copy of the risk assessment described in Regulation 7;7. A full protection plan and the corresponding records of evaluation and training of

employees working from elevated positions as described in Regulation 8;8. Drawings pertaining to the design of structures [Regulation 9(3)] and formwork and

support work structures [Regulation 10(d)] must be kept on site;9. Pronouncement of the safety of excavations must be recorded in a register to be kept

on site [Regulation 11(3)(h)];10. A copy of the certificate of the system design for suspended platforms [Regulation

15(3)];11. A notice must be affixed around the base towers of material hoists to indicate the

maximum mass load, which may be carried at any one time by material hoists [Regulation 7(5)].

12. Maintenance records of material hoists and inspection results must be kept in a record book to be kept on site [Regulation 17(8)];




13. A record of any repairs to or maintenance of a batch plant must be kept on site [Regulation 18(9)];

14. A warning notice must be displayed in a conspicuous manner when and wherever an explosive powered tool is used [Regulation 19(2)];

15. A register for recording of findings by the competent person appointed to inspect construction vehicles and mobile plant [Regulation 21(1)(j)].

SDPAM-9: CONTRACTOR’S RESPONSIBILITIES

For this contract the Contractor will be the mandatory of the Employer (Client), as defined in the Act (OHSA 1993), which means that the Contractor has the status of employer in his own right in respect of the contract. The Contractor is therefore responsible for all the duties and obligations of an employer as set out in the Act (OHSA 1993) and the Construction Regulations 2014.Before commencement of work under the contract, the Contractor shall enter into an agreement with the Employer (Client) to confirm his status as mandatory (employer) for the contract under consideration. The Contractor's duties and responsibilities are clearly set out in the Construction Regulations 2014, and are not repeated in detail but some important aspects are highlighted hereafter, without relieving the Contractor of any of his duties and responsibilities in terms of the Construction Regulations.

(a) Contractor’s position in relation to the Employer (Client) (Regulation 4)

In accordance with Section 4 of the Regulations, the Contractor shall liaise closely with the Employer or the Engineer on behalf of the Employer, to ensure that all requirements of the Act and the Regulations are met and complied with.

(b) The Principal Contractor and Contractor (Regulation 5)

The Contractor is in terms of the definition in Regulation 2(b) the equivalent of Principal Contractor as defined in the Construction Regulations, and he shall comply with all the provisions of Regulation 5. Any subcontractors employed by the Contractor must be appointed in writing, setting out the terms of the appointment in respect of health and safety. An independent subcontractor shall however provide and demonstrate to the Contractor a suitable, acceptable and sufficiently documented health and safety plan before commencement of the subcontract. In the absence of such a health and safety plan the subcontractor shall undertake in writing that he will comply with the Contractor’s safety plan, the health and safety specifications of the Employer and the Construction Regulations 2014.

(c) Supervision of construction work (Regulation 6)

The Contractor shall appoint the safety and other personnel and employees as required in terms of Regulation 6 and as set out in paragraph 7 above. Appointment of those personnel and employees does not relieve the Contractor from any of the obligations under Regulation 6.

(d) Risk assessment (Regulation 7)




The Contractor shall have the risk assessment made as set out in paragraph 7 above before commencement of the work, and it must be available on site for inspection at all times. The Contractor shall consult with the health and safety committee or health and safety representative(s) etc. on a regular basis to ensure that all employees, including subcontractors under his control, are informed and trained by a competent person regarding health hazards and related work procedures.No subcontractor, employee or visitor shall be allowed to enter the site of works without prior health and safety induction training, all as specified in Regulation 7.

(e) Fall protection (Regulation 8)

Fall protection, if applicable to this contract shall comply in all respects with Regulation 8 of the Construction Regulations.

(f) Structures (Regulation 9)

The Contractor will be liable for all claims arising from collapse or failure of structures if he failed to comply with all the specifications, project specifications and drawings related to the structures, unless it can be proved that such collapse or failure can be attributed to faulty design or insufficient design standards on which the specifications and the drawings are based.In addition the Contractor shall comply with all aspects of Regulation 9 of the Construction Regulations.

(g) Formwork and support work (Regulation 10)

The Contractor will be responsible for the adequate design of all formwork and support structures by a competent person. All drawings pertaining to formwork shall be kept on site and all equipment and materials used in formwork, shall be carefully examined and checked for suitability by a competent person. The provisions of Regulation 10 of the Construction Regulations shall be followed in every detail.

(h) Excavation work (Regulation 11)

It is essential that the Contractor shall follow the instructions and precautions in the Standard Specifications and Project Specifications as well as the provisions of the Construction Regulations to the letter as unsafe excavations can be a major hazard on any construction site. The Contractor shall therefore ensure that all excavation work is carried out under the supervision of a competent person, that inspections are carried out by a Professional Engineer or Technologist, and that all work is done in such a manner that no hazards are created by unsafe excavations and working conditions.Supervision by a competent person will not relieve the Contractor from any of his duties and responsibilities under Regulation 11 of the Construction Regulations.

(i) Demolition work (Regulation 12)




Whenever demolition work is included in a contract, the Contractor shall comply with all the requirements of Regulation 12 of the Construction Regulations. The fact that a competent person has to be appointed by the Contractor does not relieve the Contractor from any of his responsibilities in respect of safety of demolition work.

(j) Tunnelling (Regulation 13)

The Contractor shall comply with Regulation 13 wherever tunnelling of any kind is involved.

(k) Scaffolding (Regulation 14)

The Contractor shall ensure that all the provisions of Regulation 14 of the Construction Regulations are complied with. [Note : Reference in the Regulations to “Section 44 of the Act” should read “Section 43 of the Act”]

(l) Suspended platforms (Regulation 15)

Wherever suspended platforms will be necessary on any contract, the Contractor shall ensure that copies of the system design issued by a Professional Engineer are submitted to the Engineer for inspection and approval. The Contractor shall appoint competent persons as supervisors and competent scaffold erectors, operators and inspectors and ensure that all work related to suspended platforms are done in accordance with Regulation 15 of the Construction Regulations.

(m) Boatswain’s chairs (Regulation 16)

Where boatswain’s chains are required on the construction site, the Contractor shall comply with Regulation 16.

(n) Material Hoists (Regulation 17)

Wherever applicable, the Contractor shall comply with the provisions of Regulation 17 to the letter.

(o) Batch plants (Regulation 18)

Wherever applicable, the Contractor shall ensure that all lifting machines, lifting tackle, conveyors, etc. used in the operation of a batch plant shall comply with, and that all operators, supervisors and employees are strictly held to the provisions of Regulation 18. The Contractor shall ensure that the General Safety Regulations (Government Notice R1031 of 30 May 1986), the Driven Machinery Regulations (Government Notice R295 of 26/2/1988) and the Electrical Installation Regulations (Government Notice R2271 of 11/10/1995) are adhered to by all involved. In terms of the Regulations, records of repairs and maintenance shall be kept on site.

(p) Explosive powered tools (Regulation 19)

The Contractor shall ensure that, wherever explosive-powered tools are required to be used, all safety provisions of Regulation 19 are complied with.It is especially important that warning notices are displayed and that the issue and return of cartridges and spent cartridges be recorded in a register to be kept on site.

(q) Cranes (Regulation 20)




Wherever the use of tower cranes becomes necessary, the provisions of Regulation 20 shall be complied with.

(r) Construction vehicles and mobile plant (Regulation 21)

The Contractor shall ensure that all construction vehicles and plant are in good working condition and safe for use, and that they are used in accordance with their design and intended use. The vehicles and plant shall only be operated by workers or operators who have received appropriate training, all in accordance with all the requirements of Regulation 21. All vehicles and plant must be inspected on a daily basis, prior to use, by a competent person and the findings must be recorded in a register to be kept on site.

(s) Electrical installation and machinery on construction sites (Regulation 22)

The Contractor shall comply with the Electrical Installation Regulations (Government Notice R2920 of 23 October 1992) and the Electrical Machinery Regulations (Government Notice R1953 of 12 August 1993). Before commencement of construction, the Contractor shall take adequate steps to ascertain the presence of, and guard against dangers and hazards due to electrical cables and apparatus under, over or on the site.All temporary electrical installations on the site shall be under the control of a competent person, without relieving the Contractor of his responsibility for the health and safety of all workers and persons on site in terms of Regulation 22.

(t) Use of temporary storage of flammable liquids on construction sites (Regulation 23)

The Contractor shall comply with the provisions of the General Safety Regulations (Government Notice R1031 of 30 May 2986) and all the provisions of Regulation 23 of the Construction Regulations to ensure a safe and hazard-free environment to all workers and other persons on site.

(u) Water environments (Regulation 24)

Where construction work is done over or in close proximity to water, the provisions of Regulation 24 shall apply.

(v) Housekeeping on Construction sites (Regulation 25)

Housekeeping on all construction sites shall be in accordance with the provisions of the environmental Regulations for workplaces (Government Notice R2281 of 16 October 1987) and all the provisions of Regulation 25 of the Construction Regulations.

(w) Stacking and storage on construction sites (Regulation 26)

The provisions for the stacking of articles contained in the General Safety Regulations (Government Notice R1031 of 30 May 1986) as well as all the provisions of Regulation 26 of the Construction Regulations shall apply.

(x) Fire precautions on construction sites (Regulation 27)

The provisions of the Environmental Regulations for Workplaces (Government Notice R2281 of 16 October 1987) shall apply.




In addition the necessary precautions shall be taken to prevent the incidence of fires, to provide adequate and sufficient fire protection equipment, sirens, escape routes etc. all in accordance with Regulation 27 of the Construction Regulations.

(y) Construction welfare facilities (Regulation 28)

The Contractor shall comply with the construction site provisions as in the Facilities Regulations (Government Notice R1593 of 12 August 1988) and the provisions of Regulation 28 of the Construction Regulations.

(z) Non-compliance with the Construction Regulations 2014

The Contractor is advised in his own interest to make a careful study of the Act and the Construction Regulations as ignorance of the Act and the Regulations will not be accepted in any proceedings related to non-conformance to the Act and the Regulations.

SDPAM-10: MEASUREMENT AND PAYMENT

SDPAM-10.1: Principles

It is a condition of this contract that Contractors, who submit tenders for this contract, shall make provision in their tenders for the cost of all health and safety measures during the construction process. (a) Safety personnel

The Construction Supervisor, the Construction Safety Officer, Health and Safety Representatives, Health and Safety Committee and Competent Persons referred to in clauses PAM-7.1 to 7.5 shall be members of the Contractor's personnel, and no additional payment will be made for the appointment of such safety personnel.However, should it be necessary to appoint a dedicated Construction Safety Officer in terms of Clause PAM-7.2 on the instruction of the Inspector of the Department of Labour, as ordered by the Engineer, payment will be considered for such appointment.

(b) Records and Registers,

The keeping of health and safety-related records and registers as described in PAM-8 is regarded as a normal duty of the Contractor for which no additional payment will be considered, and which is deemed to be included in the Contractor's tendered rates and prices.

SDPAM-10.2: Scheduled Items

SDPAM-10.2.1 Appointment of a Construction Health and Safety Officer …. Unit: As per BoQ




The stated provisional sum shall be employed to cover the cost for the appointment of a full-time or part-time dedicated Construction Health and Safety Officer as directed by an Inspector of the Department of Labour, and as ordered by the Engineer.Should the Construction Health and Safety Officer be selected from the Contractor's own personnel, payment will only be considered for proven additional cost claimed by the Contractor due to the additional duties of the appointee.

- END OF SECTION -




SDPAS – STEEL PIPES, SPECIALS, COATINGS AND LININGS

1 GENERAL

1.1 SCOPE

This document covers the manufacture of steel pipes and special steel fittings, as well as their coating and lining.

In this specification ‘coating’ refers to the exterior pipe protection and ‘lining’ to the interior pipe protection. However, certain international specifications referred to in this specification (e.g. AWWA specifications) use the term ‘coating’ to refer also to internal pipe protection and where these specifications are being referred to their terminology is used.

1.2 NOTES TO TENDERER

1.2.1 Fabrication

The Tenderer/Manufacturer must indicate with his/her tender which forming technique is to be used for the fabrication of pipes (see Clause 5.2.1 of SABS 719).

1.2.2 Cost of Delivery

Unless stated otherwise in the Project Specification or Bill of Quantities the cost of transporting and offloading of the pipes to site in Umgeni Water’s area of supply is to be included in the tendered price.

1.3 FABRICATION AND DELIVERY PROGRAMME

A pipe delivery programme shall form part of the Tender Document. This programme shall provide the following information and shall be prepared in Microsoft Project ® format;

• Delivery rates shall be specified by diameter / grade of steel / wall thickness / coatings / linings /manufacturing process/ end detail as appropriate.

• Delivery rates of specials.

Fabrication and delivery of steel pipe and specials (coated and lined if applicable) shall be in accordance with the project programme given in the Project Specification.

Without relieving the Supplier of his/her contractual obligations, the Supplier is encouraged to advise the Employer in good time should he/she envisage any difficulty in




meeting the contractual programme. With adequate warning the Employer may be able to re-schedule related contracts in order to minimise the impact of pipe delivery delays. Notification of such delays will in no way relieve the Supplier of his/her contractual responsibilities.

1.4 QUALITY CONTROL PLAN AND PROCEDURE

All steel pipe and specials shall be fabricated in accordance with an approved quality control plan and procedure (QCP&P) which shall include details of the application of their linings and coatings. Manufacture shall not commence until such time as the QCP&P has been approved by the Purchaser. The Manufacturer shall, in consultation with the Purchaser or his/her representative, prepare and submit to the Purchaser for his/her approval a draft QCP&P within 14 days of award of the contract. The Purchaser shall approve the QCP&P, subject to amendments if necessary, and advise the Manufacturer accordingly within 14 days of receipt of the draft QCP&P.

1.4.1 QCP&P Content

The QCP&P shall address, inter alia, the following tests/inspections as detailed in below:

TYPICAL QUALITY CONTROL TESTS OR INSPECTIONSPARAMETER COMMENTMaterial certificationNon Destructive Evaluation testing (NDE)Verification of tolerances e.g. “Go, No-Go” gaugesWorkmanshipSurface preparation e.g. cleanliness and blast profileCoating / lining performance criteriaMaterial identificationPersonnel certification (including welders and NDE)Welding procedures and certificationWeld preparationCompliance with drawings e.g. coating/lining details for specialsHydrostatic testingCoating/lining thickness tolerances A statistical control plan shall be

used which will additionally include absolute maximum and minimum thicknesses.

1.4.2 Record of Test Results

The Manufacturer shall maintain accurate and up to date records of all tests and test results as specified and shall make these available to the Purchaser.

1.4.3 Test Results Necessary for Payment




No payment will be certified for material supplied until the test certificates as required under this specification have been provided to the Purchaser.

1.4.4 Independent Quality Surveillance

The Purchaser may appoint an internal or independent body to carry out additional Quality Surveillance at the premises of the pipe supplier. The Manufacturer shall provide all facilities and shall facilitate access to their premises at all reasonable times as may be necessary for the independent inspectorate to perform its function. The Manufacturer’s quality control records shall be available for inspection by the independent inspectorate at all reasonable times, and copies of such records shall be made available on request.

Notwithstanding any surveillance carried out by, or on behalf of the Purchaser, the Manufacturer shall retain full responsibility for the quality of pipes supplied under this contract.

1.5 PLANT AND RIGGING FOR THE HANDLING AND DELIVERY OF PIPE & SPECIALS 1.5.1 Handling and Rigging

The plant and rigging equipment used for the handling of pipes shall be such that no pipe shell is over-stressed during any operation.

In the transportation, loading and unloading of pipes, the Manufacturer shall at all times operate and maintain an adequate fleet of vehicles to ensure that pipes and their protective linings and coatings are not damaged. In particular, the use of excavation equipment for handling of pipes will not be permitted.

Coated pipes shall be moved with the use of padded slings of width sufficient to prevent damage to the coating. Chain slings, hooks, wire ropes, rope slings without canvas covers, composition belt slings with protruding rivets and any other equipment liable to damage the coating shall not be used.

Slings shall be suitably rated for the loads to be handled and in good condition. The use of deteriorating and frayed slings is prohibited.

All pipes are to be lifted and handled with the aid of a “spreader” lifting beam. Special care shall be taken to ensure that no damage occurs to pipes or coatings as a result of pipes sliding on or hitting adjacent pipes. The dragging or skidding of pipes and specials in contact with the ground is not permitted. If cradles are used to transport the pipes they must be rubber lined to avoid damage to the pipe coating.




During transportation pipes shall be safely secured to its final destination with 50mm or 70mm slings.

1.5.2 Dunnage and Storage

Whenever pipes are stacked or otherwise stockpiled or are transported (unless special cradles are used), use shall be made of suitably resilient material as du`nnage which shall not disintegrate or deteriorate when exposed to the elements for prolonged periods. Pipes of 6m length shall be stacked with a minimum of 2 dunnage supports. Pipes of 9m and 12m lengths shall be stacked with a minimum of 3 supports (one support at each pipe end and one at mid-span). Pipes of 18m length shall be stacked with a minimum of 4 supports at equal spacing. Pipes shall be stacked with a minimum clearance of 50mm between adjacent pipe walls and a minimum of 200mm clear of the ground.

Pipes shall be stacked with sufficient supports to prevent permanent longitudinal deflections. Pipes shall also be stacked in a manner that limits loading on lower layers of pipes. Any pipe showing permanent ovality as a result of surcharge loading will be rejected.

The Manufacturer is to supply suitable dunnage for on site stacking of pipes after delivery.

1.5.3 Delivery and Acceptance

The Manufacturer shall remain responsible for all pipes and fittings until the Purchaser (or his/her designated representative) has taken delivery on site. The Manufacturer will be responsible for offloading, including a suitable crane at the agreed delivery point on-site.

Pipes will be re-tested for compliance with this specification after delivery on site and all defects to the pipe, coating or lining and shape shall be repaired by the manufacturer at his/her expense.

All pipe deliveries shall be accompanied by delivery notes which will be checked by the Purchaser’s representative on site. The Purchaser reserves the right to not accept and reject pipe deliveries where there are discrepancies. Pipe deliveries will only be accepted during normal working hours.

1.5.4 Protection of Pipe Ends

Before transportation all pipes are to be fitted with end caps made from plastic (or other suitable material). Each end cap must remain in place until its pipe has been laid and the pipe end is no longer open to the elements. It must, therefore, remain in place until it is no longer needed to protect the pipe from ingress of foreign material.




In addition, bevel-ended pipes are to be fitted with bevel protectors before leaving the Manufacturer’s premises. These are to remain in place until removed to permit the welding operation.

2 MANUFACTURE, SUPPLY AND DELIVERY OF STEEL PIPE AND SPECIALS

This part of the specification covers the particular requirements relating to the manufacture, supply and delivery of steel pipes and fittings of outside diameter 164mm to 2230mm.

2.1 DEFINITIONS

For the purposes of this specification, the definitions as given in the standards applicable to each part of the specification will apply.

2.2 ADDITIONS/AMENDMENTS TO SANS 719

Steel pipe and fittings shall be manufactured in accordance with SANS 719 Edition 3.1 2008, except as added to or amended hereunder. Where in conflict with SANS 719, the amendments hereunder hall take precedence.

For the purpose of interpretation of this specification, all pipes shall be regarded as being jointed by field welding unless otherwise stated in the Project Specification or Bill of Quantities.

2.2.1 Clause Numbers of SANS 719The clause numbers in this clause refer to the same numbered clauses in SANS 719: 2008 Edition 3.1.

SANS Clause 4.2 Chemical Composition

Add the following:-

The grade of steel given table 1a below is acceptable to the Purchaser.Table 1a

Table 1aSteel Grade: API 5L, Grade X42Minimum Yield Stress (MPa): 289Chemical Composition and Physical Properties:

API 5L Table 3.1 & 4.1

SANS Clause 4.3 Physical Properties




Add in the first sentence after table 1, the following:and table 1a.SANS Clause 4.4 Certification

Add the following sentences:-

The Manufacturer shall, on completion of the contract, furnish the Purchaser, or his/her representative with certified copies of the Steel Maker’s certificates.

All information relevant to pipe fabrication shall be made available to the Purchaser, or his/her representative, during the course of the manufacturing process.SANS Clause 5.1 Dimensional Requirements

SANS Sub-Clause 5.1.1 Pipe Length

Add the following:-

Unless otherwise stated, the length of each pipe supplied is to conform to Table 1b, hereunder. The Purchaser will accept pipes of random length subject to their total length not exceeding 10% of the supplied length for each category of pipe and subject to the length of each pipe being within 10% of a standard pipe length. To achieve this, the manufacturer may butt weld shorter lengths together.

Table 1bPIPE LENGTHS

STANDARD LENGTH *(m)

TOLERANCE(mm)

9,14 +50 -012,19 +50 -018,28 +50 -0

Each change in steel grade, pipe diameter or wall thickness will be classed as a separate category.SANS Sub-Clause 5.1.3 Wall Thickness

Delete “±10% or -8%” and replace with “+13.5% or -0%”. SANS Sub-Clause 5.1.5 Pipe Ends

Add at the beginning of the Clause the following:-

Pipes shall be supplied with each end complying with one of the following criteria:

• Bevel ended to be joined by field welding.




• Plain ended to be joined by flexible couplings • Bell and spigot (plain) ended to be joined by fillet weld as specified in the Project

Specification or Bill of Quantities

Where both ends are specified as bevel ended or plain ended the requirements of SANS 719 Clause 5.1.5 shall apply.

The tolerances on outside diameters (OD’s) of pipe ends for pipe diameters greater than 1250mm and less than 2230mm shall be as for pipes of 1250mm diameter (refer Table 3 of SANS 719).

SANS Clause 5.2 Fabrication

SANS Sub-Clause 5.2.1 Forming

Delete the Sub-Clause and replace with the following:-

Unless otherwise specified in the Project Specification, pipes shall be formed in accordance with one of the following forming techniques:

a) Electric resistance welding (ERW). This technique may be used for pipes ranging in outside diameter from 219mm to 610mm and ranging in wall thickness from 3,5mm to 12mm.

b) Submerged arc welding (SAW). This technique may be used for manufacturing spirally welded pipes ranging in outside diameter from 219mm to 2230mm and wall thicknesses ranging from 4.5mm to 18mm.

The fabrication of larger diameters and/or use of thicker plate using these techniques may be agreed between the Manufacturer and the Purchaser. In both techniques, circumferential joints shall be at least 1.5m apart and longitudinal welds of mated sections shall be at least 30o apart.

SANS Sub-Clause 5.2.2.1 Welds General Add the following as the first sentence:- All X-grade steel is to be welded in accordance with API 1104 “Welding of Pipelines and Related Facilities”.

SANS Sub-Clause 5.2.2.2.7 Weld Reinforcements

The height of the inner weld shall not exceed 1mm. SANS Clause 6.1 Inspection

SANS Sub-Clause 6.1.1 Dimensions




Add the following as the first sentence:-

The outside diameter, ovality and straightness of each pipe is to be checked in accordance with this clause.

SANS Sub-Clause 6.1.2 Welds

Add at the end of the Sub-Clause the following:-

The welds of each pipe are to be tested using one of the two options below and as stated in the Project Specification or Bill of Quantities. If not specifically stated elsewhere pipes manufactured by the Electric Resistance Welded method (ERW) are to be tested as per option 2 and spirally welded pipes as per option 1.

(i) Option 1 (excluding ERW pipes)

100% of the welds of all pipes shall be tested by fluoroscopic means. Where defects are detected they shall be adjudicated in accordance with API 5L and, if necessary, repaired in accordance with the requirements of API 1104.

(ii) Option 2 (ERW Pipes)

100% of the welds of all pipes shall be tested by ultrasonic means. Where defects are detected in a pipe by means of ultrasonic testing, the defective section of pipe shall be 100% re-tested by means of X-ray and adjudicated in accordance with API 5L and, if necessary, repaired in accordance with the requirements of API 1104. SANS Clause 6.2 Destructive Tests

At least one set of the 3 tests described in Sub-Clauses 6.2.1, 6.2.2 and 6.2.3 are to be carried out for each pipe diameter and wall thickness combination.

SANS Clause 6.3 Hydraulic Test

Delete the clause and substitute the following:-

Each and every pipe is to be tested to a hydrostatic pressure test of P Where P = the lesser of : 2 x 0,85 x Y x t/D or 7 MPa and P = Hydraulic Test Pressure (MPa) Y = Minimum Specified Yield Stress (MPa) t = Nominal Wall Thickness of pipe (mm) D = Nominal Diameter of Pipe (mm)




Pipe end plugs shall be restrained during the test to ensure that no longitudinal stresses are induced in the pipe wall.

The test pressure in the pipe shall be maintained for at least 10 seconds and thereafter shall be inspected for weeps, leaks or deformation.

The pipe will be deemed defective and may be rejected if any leaks, weeps or deformation are evident.

SANS Clause 7 Marking Delete the clause and substitute the following:-

Upon fabrication, each pipe shall be hard stamped with a unique reference number to ensure traceability. The stamp is to be 100mm from the pipe end and next to a weld. On completion of the contract or at reasonable intervals during the contract, the following pipe information shall be supplied to the Purchaser in Microsoft Excel ® format:

• Pipe Reference Number • Contract Number • Date of Manufacture • Outside Diameter • Wall Thickness • Grade of Steel • Coating type and nominal thickness • Lining type and nominal thickness • Forming technique • Length

In addition to the hard stamping, all pipes shall be clearly marked with the unique reference number in appropriate height characters in durable paint on a durable black background at one end of each pipe. In the case of pipe specials, the unique pipe reference number(s) used in the manufacture of the pipe special shall be hard stamped on one end of the special.

The Supplier’s name and logo and the Purchaser’s name and logo (stencil to be supplied by the Purchaser) shall be stencilled on each pipe or special. In addition all pipes shall be clearly marked in accordance with the requirements of Table 1c hereunder:




Table 1cPIPE MARKINGS

STEEL GRADE100mm Circumferential Outer Bank(100mm wide)(100mm from each pipe end)

WALL THICKNESS1st Band 60mm wide Circumferential Outer BandStarting 500mm from pipe end2nd Band 40mm wide Circumferential Outer BandStarting 600mm from pipe end

GRADE COLOUR WALL THICKNESS(mm)

COLOUR1st Band

COLOUR2nd Band

X42 Red 3,0 Royal Blue Canary YellowX46 Yellow 3,5 Royal Blue Pastel GreyX52 Purple 4,0 Royal Blue Middle BrownX56 Blue 4,5 Royal Blue Light OrangeX60 Orange 4,8 Royal Blue Brilliant GreenX65 Green 5,0 Light Orange Canary YellowOther By

Arrangement5,2 Light Orange Pastel Grey

5,3 Light Orange Middle Brown5,6 Light Orange Light Orange6,0 Light Orange Brilliant Green6,35 Light Orange Dark Violet7,0 Brilliant Green Canary Yellow7,1 Brilliant Green Pastel Grey7,8 Brilliant Green Middle Brown7,9 Brilliant Green Light Orange8,0 Brilliant Green Brilliant Green8,2 Brilliant Green Dark Violet8,4 Brilliant Green Signal Red8,7 Brilliant Green Royal Blue9,3 Signal Red Canary Yellow9,5 Signal Red Pastel Grey10,0 Signal Red Middle Brown10.3 Signal Red Light Orange11,1 Signal Red Brilliant Green11,9 Signal Red Dark Violet12,0 Dark Violet Canary Yellow12,7 Dark Violet Pastel Grey14,0 Dark Violet Middle Brown14.3 Dark Violet Light Orange15,0 Dark Violet Brilliant Green15,9 Dark Violet Dark Violet16,0 Dark Violet Signal Red

Other By Arrangement By Arrangement

The reference numbers of the colours referred to in Table 1c in terms of SANS are as listed in Table 1d below:- SANS 1091 : 2004

Table 1dColour Name NumberCanary Yellow C61Pastel Grey G54




Middle Brown B07Light Orange B26Brilliant Green H10Dark Violet F09Signal Red A11Royal Blue F01

2.3 FABRICATION OF SPECIALS

All specials shall comply with the drawings and/or project specification and shall be manufactured in accordance with BS 534. All pipe used in the fabrication of specials shall comply with this specification. Where possible, pipe specials shall be manufactured from pipe cut from a single pipe. 100% of all butt welds of all pipe specials shall be radio graphed, adjudicated in accordance with API 5L and, if necessary, repaired in accordance with API 1104.

100% of all other welds shall be tested by dye penetration means and adjudicated in accordance with API 5L and, if necessary, repaired in accordance with API 1104.

3 SURFACE PREPARATION FOR PIPES TO BE COATED AND LINED

3.1 GENERAL

The surfaces of all pipes or specials to be coated and lined, irrespective of the coating/lining type used, shall be prepared in accordance with the following requirements.

3.1.1 Preparation of Pipes for Coating

Prior to the application of any coating, each pipe shall comply with the following:

• Weld splatter shall have been removed by chipping or grinding to a smooth surface flush with the surrounding steel.

• Weld seams shall have a smooth contour, free from sharp edges, protrusions and undercuts.

• Sharp edges and protrusions shall have been removed by grinding to a smooth radius of curvature of not less than 3mm.

• All pipes for coating shall be in rust condition A to C of Swedish Standard SIS 05 5900. Pipes in rust condition D will be rejected.

3.2 CLEANING OF PIPE 3.2.1 Degreasing




Pipes shall be grease free prior to the application of a coating or lining. In the event that degreasing is required, pipes shall be degreased by the use of a water based solvent degreaser such as that complying with SABS 1244 or, for use in enclosed systems, with SABS 1365.

Pipes shall be thoroughly washed with clean potable water to remove all residues. The surface shall be water break free. The pipe shall then be allowed to dry.

Any abrasive used for blast cleaning shall be free from oil or grease, as shall be the compressed air used in air blast cleaning.

3.2.2 Blast Cleaning

The surface of the pipe to be coated or lined shall be blast cleaned by centrifugal or air blast cleaning methods, then vacuum cleaned or blown off to achieve the following standards:

• Cleanliness shall be equal to SA 2½ of Swedish Standard SIS 05 5900 (or ISO 8501-1) when tested in accordance with SABS Method 767.or SABS Method 772.

• The profile produced by blast cleaning shall be angular and shall have an average peak to valley height of 60 to 100 microns, when tested in accordance with SABS Method 772. Hackles shall be removed with coarse abrasive paper.

• Residual dust and debris shall not exceed 0.2% when tested in accordance with SABS Method 769.

• Any laminations revealed by blast cleaning shall be ground out and re-blast cleaned to meet the above requirements. If grinding penetrates the steel to a depth greater than 3.5% of the nominal wall thickness, the pipe will be rejected.

• The pipe surface shall not be contaminated by oil, grease or other harmful contaminant.

3.2.3 Handling of Cleaned Pipe

After cleaning, the pipe surface shall not be contaminated in any way. Operators shall wear clean gloves and all surfaces in contact with the pipe surface shall be clean and free from oil, grease, grit, dirt and other contamination.

3.3 CUT BACK OF COATED PIPE

The blast cleaned surface shall be stopped off or cut back by suitable masking which shall not contaminate the cleaned surface. Cut-backs shall comply with the requirements as set out in Table 2 below:

Table 2CUT-BACK OF COATINGS

PIPE END CUT-BACK(mm)

COMMENT




Pipe ends prepared for field butt welding

100 All coatings to be mitred or feathered to prevent air entrapment in the joint coating system.

Pipe ends prepared for flexible joint couplings

Various The coating shall be cut back a sufficient distance to accommodate a standard coupling for the particular diameter of pipe.

“Bell and spigot” pipe ends prepared for fillet welding

100 The cut back shall be measured from either side of the (field) external fillet weld position when the spigot is fully inserted into the “bell”.

3.3.1 Protection of Pipe Ends on Pipes with Cut-Back

Before delivery cut backs of each pipe for field welds shall be coated with an approved rust inhibitor. This inhibitor shall provide corrosion protection for up to 6 months and shall enable good cutting and welding properties (Sigmaweld 120, Plascon etching primer or equivalent approved). Plain ended pipes (to be joined by flexible couplings) are to be coated with an approved rust inhibitor for a distance of 100mm from the pipe-ends on the inside and the outside of each pipe. Careful attention must be paid to ensuring the pipe ends are also completely covered. The inhibitor used must be compatible with both the lining and the coating.

4 PIPE COATINGS

4.1 GENERAL

Pipes shall be coated with one of the following pipe coating systems as specified in the Project Specification or the Bill of Quantities.

4.1.1 Quality Assurance

The Quality Control Plan and Procedure shall comply with the requirements of Clause 1.4 of the Purchaser’s specification above.

4.2 PIPE COATING SYSTEM 1: THREE LAYER SYSTEM (3LPE)

The three layer coating system consists of a powdered epoxy primer, a polymeric adhesive and a polyethylene outer sheath which shall be applied in accordance with Canadian Standards Association Specification (CSA) Z245.20-06/Z245.21-06.

The application is to be in accordance with, inter alia, the following sections of the Canadian specifications listed below.

4.2.1 Z245.20 External Fusion Bond Epoxy Coating for Steel Pipe




a) General Requirements b) Materials

The following Fusion Bonded Epoxy primers are approved for use. Akzo Nobel PCL 331 Jotun CORRO-COAT EP-F 1003HW Should the Supplier wish to use any other make of primer, samples must be left with the Employer or his/her agent for testing. Delays in approval will not be accepted as a reason for late delivery. c) Coating Application d) Inspection and Testing e) Repair of Coated Pipes f) Markings g) Handling and Storage h) Test Reports and Certificates of Compliance i) Test Procedures

4.2.2 Z245.21 External Polyethylene Coating for Pipes

a) General Requirements

The Polyethylene outer sheath is to comply with System B1

b) Materials

The following adhesives are approved for use:-

Borealis Borcoat ME0420 Industrie Polieco M.P.B. SRL COESIVE L8.92.8The following HDPE Outer Sheath materials are approved for use:- Borealis Borcoat HE3450 Industrie Polieco M.P.B. SRL HDPE 2050

Should the Supplier wish to use any other make of adhesive or outer sheath materials, samples must be left with the Employer or his/her agent for testing. Delays in approval will not be accepted as a reason for late delivery.

c) Coating Application d) Inspection and Testing e) Repair of Coated Pipes f) Markings g) Handling and Storage




h) Test Reports and Certificates of Compliance i) Test Procedure

4.3 PIPE COATING SYSTEM 2: HOT DIP GALVANISING

All pipes of nominal diameter less than 250mm shall be heavy duty hot dip galvanised in according with SANS1461.

5 PIPE LININGS 5.1 GENERAL

The Quality Control Plan and Procedure shall comply with the requirements of Clause 1.4 of the Purchaser’s specification above. The pipes or specials to be lined shall be lined with one of the following lining systems as specified in the Project Specification or the Bill of Quantities.

5.2 PIPE LINING SYSTEM 1: SOLVENT-FREE EPOXY LINING

5.2.1 GENERAL

This lining system covers the application of Solvent Free Liquid-epoxy as a steel pipe lining. Generally the lining is to be applied in accordance with ANSI/AWWA C210-97 ‘Liquid-epoxy Coating Systems for the Interior and Exterior of Steel Water Pipelines’. Where in conflict with ANSI/AWWA C210-97, the amendments hereunder shall take precedence. The full cost of all the testing is to be included in the rates for coating unless it is itemised separately in the Bill of Quantities.

5.2.2 AMENDMENTS TO ANSI/AWWA C210-97

The section and sub-section numbers in this clause refer to the same section and sub-section numbers in ANSI/AWWA C210-97.

ANSI SECTION 1.1 SCOPE

ANSI Sub-Section 1.1.2 Coating and Lining Systems

The lining system is to be type (3), a single coat of a two part, chemically cured epoxy coating. In the event of the thickness being less than the minimum specified the coating shall be removed and the pipe length shall be re-blasted and re-lined to comply with the specification. ANSI SECTION 4.2 QUALITY AND SAFETY




Details of all quality related controls and tests are to be included in the QCP&P referred to in Clause 1.4 of the Employer’s specification above. ANSI Sub-Section 4.2.2 Certification Copies of the certification of the products used, as required by this section, are to be submitted with the tender documents.

ANSI SECTION 4.3 COATING SYSTEMS

ANSI Sub-Section 4.3.1 Liquid-Epoxy Coatings.

Add the following:-

The following products have been approved by Umgeni Water: - Sigma Line 523, Carboline 891 and Denso ST100. Should the Manufacturer/ Supplier wish to offer an alternative product it will be necessary to get the approval of the client. Only solvent free epoxies which have been certified non-toxic and non-tainting and suitable for use with potable water will be permitted. Any delays in approval will not be accepted as a reason for late delivery. ANSI Sub-Section 4.3.2 Coating Thickness

The pipes shall be lined to a dry film thickness of a minimum of 406 and a maximum of 1000 microns, and shall be free from sags and runs.

ANSI Sub-Section 4.3.4 Physical Requirements

Replace Table 1 with the following new Table 1

Tests 1 through 3 in the new TABLE 1 new shall be conducted on every pipe.

Tests 4 and 5(a) and 5(b) in the new TABLE 1 below shall be applied to at least one pipe selected at random from the first day’s production or from each new batch of liquid epoxy, whichever is more frequent. Tests 6, 7 and 8 in the new TABLE 1 below shall be applied to at least one pipe selected at random from the first day’s production of each item.

Should the Manufacturer experience difficulties in achieving this specification, additional tests may be required by the Purchaser until the problem(s) has been identified and rectified. Such additional tests shall be to the Purchaser’s account.




NEW TABLE 1TESTNº

REQUIREMENTS OF CURED SOLVENT FREE EPOXY LINING

PROPERTY REQUIREMENT TEST METHOD1 Visual Smooth glossy or semi glossy

finish, free from excessive runs, sags, orange peel, occlusions or other visible defects.

Use an experienced observer.

2 Coating Thickness Min. 406 Max. 600 microns. SABS Method 141. Take a minimum of 2 readings per m2 of surface up to 300mm nominal bore, or 12 per m2 over 300mm.

3 Electrical Insulation Defects

Nil defects at 90 Volts, 10 Mega-ohm.

SABS 1217, Section 8.12.1

4 Impact Resistance No defect at 1 Joules SABS 1217, Section 8.7 but modified as given in Note 1.

5a5b

Degree of cure: Static Test

Dynamic Test

No softening or discolouration when fully cured.

No softening or discolouration when fully cured.

SABS 1217, Section 8.9. Cure time shall be in accordance with the manufacturer’s data.

50 Double rubs with cotton wool swab soaked in MEK. Cure time shall be in accordance with the manufacturer’s data.

6 Adhesion(Hot water soak)

Not more than 15mm disbonding from point of V.

Immerse in water at 75ºC for 48 hrs. Make V cut at 30º angle. Test adhesion when panel has cooled to 25ºC.

7 Cathodic Disbonding

Total disbonded area not to exceed 40mm diameter after 30 days. Current flow not to exceed 5mA.

ASTM G8 Method B - Magnesium Anode - 20ºC - 7mm holiday.

8 Cathodic Disbonding(Accelerated)

Total disbonded area (including holiday) not to exceed 20mm diameter.

Impressed current -3, 5 volts potential at 75ºC for 48 hrs. 3mm artificial holiday.

NOTE: Impact resistance shall be carried out on a sample of production pipe firmly clamped and choked (to be rebound free) to a rigid base. No electrical insulation defects shall be detected at the point of impact when tested at 1 Joule.

ANSI SECTION 4.4 COATING APPLICATION

ANSI Sub-Section 4.4.1 General

Application by airless spray is required.




ANSI Sub-Section 4.4.2 Pipe Preparation The requirements of section 4.4.2 of ANSI/AWWA C210-97 will apply and will take precedence over the Purchaser’s Clause 3.2 above. ANSI Sub-Section 4.4.3.2 Hold-Back for Field Welds The hold backs (cut backs) are to comply with the Clause 3.3 of the Purchaser’s specification above. ANSI Sub-Section 4.4.3.4 Application Temperature

Add the following:-

The cure rate of liquid epoxy coating is very dependent upon temperature, with the rate of cure being very slow below 10ºC and the reaction generally ceasing below 5ºC. Manufacturer’s tendering for this type of lining are therefore expected to have a heated shop or warm air blowers with suitable heat insulating tunnels to enable the temperature of the coating to be maintained at not less than 15ºC from the time of application until full cure has taken place. Adverse weather conditions will not be accepted as a reason for delay in supply.

ANSI SECTION 4.5 COATING REPAIR ANSI Sub-Section 4.5.1 Defective Coating

Add the following at the beginning of the Clause: Repairs of electrical insulation defects may be carried out provided that the number of repairs necessary does not exceed 3 per pipe. A cluster of pinholes within a radius of 25mm shall be regarded as one defect. Any pipe needing repairs in excess of this number or where the lining shows any sign of flaking or loss of adhesion shall not be repaired. The lining shall be removed and the pipe length shall be re-blasted, cleaned and re-coated to comply with the requirements of the specification. ANSI Sub-Section 4.5.1.1 Delete this sub-section and replace with the following:-

Repairs with Epoxy

When repairs with epoxy are permissible, the following method shall be used:-

• Abrade an area at least 25mm diameter around and beyond the defective area. The abrasive paper shall not be coarser than 220 mesh and shall be preferably 400 mesh. It shall be used preferably wet to avoid excessive removal of coating.




• The repair area shall be smoothly feathered into the surrounding sound area. The repair area shall be abraded to a matt finish, free from deep scratches and excessive removal of coating. After abrasion, the area shall be wiped clean with M.E.K. or other suitable approved clean solvent and allowed to dry.

• All repairs shall be undertaken using a repair product recommended by the material manufacturer.

• Repair material shall be mixed in the proportions supplied by the manufacturer. No splitting of packs shall be permitted unless the material is supplied in self metering packs.

• The mixed repair material shall be applied to the clean, dry, abraded repair area so as to cover the defect and extend to within 1 or 2mm of the edge of the abraded area. A “halo” of abraded area shall be visible around the repair material.

• After curing, the repair and at least 250mm surrounding area shall be tested for electrical insulation defects as specified in the contract. There shall be no electrical insulation defects.

5.3 PIPE LINING SYSTEM 2: HOT DIP GALVANIZING

All pipes of nominal diameter of 250mm diameter or less shall be heavy duty Hot Dip Galvanized in accordance with SANS1461.

6 COATING & LINING OF SPECIALSThe coating and lining of all specials with nominal diameter greater than 250mm shall be the Solvent-Free Epoxy System described above.

The coating and lining of specials of nominal diameter of 250mm diameter or less shall be heavy duty Hot Dip Galvanized in accordance with SANS1461.

-END OF SECTION -




SDPAV – VALVES

1 RESILIENT SEAL GATE VALVES

Resilient seal gate valves shall be in accordance with SABS 664 (SANS 664) and shall bear the SABS mark.

Valves shall be of spheroidal graphite iron.

Valves gates shall be covered in bonded nitrile-rubber or vulcanized E.P.D.M. (Ethylene Propylene). The gates shall be capable of being replaced without removing the valve body from the pipeline.

Unless otherwise stated, the valves are to be of the non-rising spindle type. The spindle is to be of high tensile stainless steel and replacement of the spindle seal (gland re-packing) shall be possible under full working pressure. Multiple “O” ring seals are preferred to gland packings. The spindle seal shall be housed in a corrosion resistant bush.

Every valve shall be provided with a hand wheel, unless otherwise specified. Hand wheels for Classes 10 and 16 valves shall be manufactured from cast iron and for Classes 24, 40 and 100, from cast steel.

The direction of closing shall be clockwise unless otherwise stated in the Project Specification. The direction of closing shall be indicated on the hand wheel. Clockwise closing valve hand wheels shall be painted (1 coat red oxide plus 2 coats alkyd enamel) brilliant green and counter clockwise closing valve hand wheels shall be painted signal red.

Position indicators shall be fitted to all valves larger that 200NB and shall clearly indicate the fully open and closed positions.

The valves shall be capable of being easily operated by one man against the maximum, unbalanced pressure, and the effort required to operate each valve shall not exceed a torque of 180Nm. In order to comply with the above requirements, it has been found that the following is normally necessary: -

Table 1PRESSURE VALVE SIZE DRIVEClass 10 300mm and above Ball thrustClass 16 300mm and above gear Ball thrust or spur-Class 25 300mm and above gear Ball thrust or spur-Class 40 150mm and above gear Ball thrust or spur-Class 100 All sizes Ball thrust or spur-gear




NOTE: The spur gear ratio shall be selected by the manufacturer to suit his design and satisfy the torque requirements.

Supporting feet are to be fitted on all valves of sizes 300mm and larger.

Where Allen-type screws are used to fasten the stuffing box to the bonnet, and the bonnet to the valve body, these should be of stainless steel. In addition they should be recessed and wax encapsulated to ensure corrosion resistance.

In addition to the marking requirements listed in SABS 191 and 664 (SANS 191 and 664), one flange edge shall have the following number of 3mm wide by 3mm deep grooves, cut across it, at top, dead-centre :-

Table 2PRESSURE GROOVESClass 10Class 16Class 25Class 40Class 100

1 groove2 grooves3 grooves4 grooves5 grooves

Multi drilled/slotted holed flanges will not be acceptable.

The metal identification plate, permanently fixed to each valve shall also include the material designations for the body and trim (symbols used and their sequence to be as specified in SABS 664 (SANS 664)).

The design of the valves shall be such that the spheriodal graphite iron sections are not subject to excessive tension by the tightening of connecting bolts, as can happen when the faces of the bonnet and the stuffing box flanges are not fully machined for a full faced gasket.

The valve shall seal drip tight at all pressures up to one and a half the rated working pressure.

The valve shall have substantial guides of the tongue and groove type and the gate nut (spindle nut) shall be easily replaceable.

2 AIR VALVES

All air valves shall be of the double purpose type (i.e. air release and vacuum protection) with an anti-shock orifice for surge protection.




Air valves shall be as specified on the drawings or Bill of Quantities.

Unless otherwise specified, air valves shall be rated for a minimum working pressure of 1600 KPa, or as specified on the drawings or Bill of Quantities.

Air valves up to 50mm nominal diameter shall be supplied with screwed BSP threaded inlets. Air valves larger than 50mm nominal diameter shall be supplied with flanged inlets to SABS 1123.

The valve body shall be stainless steel Grade 304. The top and bottom floats, and the anti-shock orifice float shall be high density polyethylene. Washers, nuts, screws, nozzles and the baffle plate shall be stainless steel Grade 304. The top and lower flanges shall be mild steel, fusion bonded epoxy powder coated.

3 BUTTERFLY VALVES

Butterfly valves shall be used on water services for positive shut-off only. This type of valve shall not be used for controlling the flow in any way. The valves shall be manufactured in accordance with BS 5155 (cast-iron and carbon steel butterfly valves for general purposes), as far as is applicable. Where conflict exists, the requirements in this specification shall take precedence.

The following criteria for construction shall be me:-

3.1 BODY

These shall be of the wafer-lug type with, (depending on valve size), drilled/tapped bolt holes to allow the valve to be used at maximum working pressures, in respective terminal positions. This facility is required to enable downstream pipework to be disassembled with the upstream pipework under pressure.

Double flange valves and U-section wafer-type valves, as described in BS EN 593:2004 shall be acceptable, provided that:-

• The valve is suitable for individual bolting of each flange and• The dimension between the inside faces of the flanges is not less than 3D, where D is the diameter of the flange bolts as specified in BS 4504: Part 1, or SABS 1123.

The use of single flanged and flangeless valves shall not be permitted unless otherwise specified in the Project Specification.

Bodies shall be one piece casting Ductile Iron for sizes up to 1 500mm. Sizes above 1 500 mm shall be of cast steel. Bodies shall never be in contact with the fluid conveyed and shall be fully protected internally by the resilient seat.




3.2 DISC

Shall be cast or stamped, spherically machined and positively splined or keyed internally to the driving shaft. (Use of pins or bolts is totally unacceptable).

The selection of disc material shall be made by taking into account the aggressivity of the fluid being handled. (Cupro-aluminium or stainless steel 316 or equivalent will be considered). Alternatively, suitably coated ductile iron disc will be considered. Disc Material will be specified in the Project Specification.

3.3 SHAFT

Butterfly valve technology shall be such that the shaft will be located inside the disc and will never be wetted (Dry shaft) 316 Stainless steel shall be used.

It is required that the shaft shall be internally positively splined or keyed to the disc. The upper and lower shaft and tie-bolt, when assembled to the disc, shall give in effect a one-piece shaft/disc assembly.

Valves with “0” ring shaft backup seals shall only be considered for particular applications. The Manufacturer shall be able to offer varying grades to cope with different fluids.

3.4 LINER

The resilient, synthetic rubber seat shall be easily replaceable, and shall entirely cover the inside of the body overlapping over the sides to form the seal between the body and matching pipe work. Liners shall be manufactured from EPDM unless otherwise specified.

Note that the dimensions of flanges to be used on connecting pipe work shall comply with the relevant requirements of SABS 1123.

Where necessary, the liner shall be keyed to the body with annular grooves, in the bore of the valve. The design shall be such as to allow the disc to seal drop-tight to the liner, so that there is no ingress of fluid to the shaft area.

3.5 GENERAL

The valves shall be capable of being easily operated by one person, against the maximum unbalanced pressure and the effort required to operate each valve shall not exceed a torque of 180Nm.




Quarter-turn handles may be supplied for valves up to and including 150mm nominal diameter. The handle shall be lockable in all intermediate positions and be adaptable to the valves.

For valves larger than 150mm a gear shall be used. The gear operator shall be designed with a worm and nut system. The gear operator shall be irreversible in any position. The gear shall have a hand wheel and an indicator protected by plexiglass or equivalent showing the position of the disc. The gear ratio shall be a minimum of 5:1 and such that the time to close from fully open is not less than 3 minutes. If specified, limit switches shall be fitted, mounted in a waterproof and dustproof housing.

Where applicable, the direction of opening of the butterfly blade shall be such that the bottom of the blade moves in a downstream direction.

All hand wheels shall be fitted with a suitably sized shear-pin that shall fail before damage can be done to the drive gearing of the valve.

SDPDA QUALITY CONTROL & QUALITY ASSURANCE SYSTEM (SPEC PDA)

SDPDA 3 QUALITY PLAN

SDPDA 3.6* Quality Assurance System

The Contractor shall institute a Quality Assurance System to demonstrate compliance with the requirements of the Contract. The Engineer shall be entitled to audit any aspect of the system.

Details of all procedures and compliance documents shall be submitted to the Engineer for information before each design (if specified) and execution stage is commenced. When any document of a technical nature is issued to the Engineer, evidence of the prior approval by the Contractor himself shall be apparent on the document itself.

The Contractor shall:

(i) supply a Quality Plan and Quality Program at the time of tendering, both of which are subject to acceptance by the Engineer,

(ii) maintain quality Control records in accordance with the Quality Plan during execution of the contract. Such records shall be available to the Engineer or his representative at each Quality Surveillance visit,

(iii) mark or securely label each component with a unique identification; and

(iv) carry out such tests as are required to ensure compliance with the Specification.




Compliance with the Quality Assurance System shall not relieve the Contractor of any of his duties, obligations or responsibilities under the Contract.Any approval, check, certificate, consent, examination, inspection, instruction, notice, observation, proposal, request, test or similar act by the Engineer (including absence of disapproval) shall not relieve the Contractor from any responsibility he has under the Contract, including responsibility for errors, omissions, discrepancies and non-compliances.Failure to comply with these requirements shall be just cause for the Engineer to order suspension of the Works without additional remuneration, or for him (Engineer) to recommend termination of the contract to the Employer in terms of the Conditions of Contract.The Contractor shall supply all items with a guarantee valid for a period of 12 months after final acceptance of the items after installation of such items on site by the installation contractor.




SDPDA 3.7* Independent Inspectorate

The Contractor may nominate an independent inspectorate, to be approved by the Engineer, which approval shall not be unreasonably withheld, to carry out any tests to verify compliance with the corrosion protection specifications on behalf of the Contractor. The independent inspectorate shall not be employed by, or associated in any way with, the person or firm applying the corrosion protection systems.

The inspectorate shall inspect the work to verify that at least the following are in accordance with the specifications :

i) Preparation of steel prior to welding,

ii) Welding and jointing,

iii) Surface preparation prior to painting and/or galvanizing,

iv) Coating thickness,

v) Holiday testing, and

vi) Paint quality, type and method of application,

vii) Compaction densities.

The Contractor shall :

i) Draw up a quality control programme together with the inspectorate, showing appropriate “hold-points” which the Engineer may elect to witness,

ii) Contact the inspectorate timeously to make arrangements for him to inspect the various items to be tested both prior to and after surface preparation, painting or galvanizing,

iii) Submit copies of the quality control program to the Engineer for approval before proceeding with any surface preparation or coating or galvanizing, and

iv)Submit all the inspectorate’s reports to the Engineer.

SDPDA 4 MEASUREMENT AND PAYMENT

SDPDA 4.2* Cost of Independent Inspectorate

The Contractor shall be liable for all costs incurred and fees charged by the independent inspectorate appointed by him. The tendered rates for items shall cover the costs thereof and no separate payment will be made in this regard.




SDPDA 4.3* Corrosion Protection and Painting

The cost of the corrosion protection and painting shall be included in the tendered rate for an item. No separate payment shall be made for corrosion protection and painting.

SDPEM: ENVIRONMENTAL MANAGEMENT SPECIFICATION

A) DEFINITIONSFor the purposes of this Specification the definitions and abbreviations given in the applicable specifications listed in 2.1 and the following definitions shall apply:Environment means the surroundings within which humans exist and that are made up of –

i) the land, water and atmosphere of the earth;ii) micro-organisms, plant and animal life;iii) any part or combination of i) and ii) and the interrelationships among and

between them; andiv) the physical, chemical, aesthetic and cultural properties and conditions of the

foregoing that influence human health and well-being.

Potentially hazardous substance is a substance that, in the reasonable opinion of the Engineer, can have a deleterious effect on the environment.

Method Statement: a written submission by the Contractor to the Engineer in response to the Specification or a request by the Engineer, setting out the plant, materials, labour and method the Contractor proposes using to carry out an activity, identified by the relevant specification or the Engineer when requesting the Method Statement, in such detail that the Engineer is enabled to assess whether the Contractor's proposal is in accordance with the Specifications and/or will produce results in accordance with the Specifications.

The Method Statement shall cover applicable details with regard to:

construction procedures,

materials and equipment to be used,

getting the equipment to and from site,

how the equipment/ material will be moved while on site,

how and where material will be stored,

the containment (or action to be taken if containment is not possible) of leaks or spills of any liquid or material that may occur,

timing and location of activities,

compliance/ non-compliance with the Specifications and

any other information deemed necessary by the Engineer.




Reasonable means, unless the context indicates otherwise, reasonable in the opinion of the Engineer after he has consulted with a person, not an employee of the Employer, suitably experienced in "environmental implementation plans" and "environmental management plans" (both as defined in Act No 107,1998).

Solid waste means all solid waste, including construction debris, chemical waste, excess cement/ concrete, wrapping materials, timber, tins and cans, drums, wire, nails, food and domestic waste (e.g. plastic packets and wrappers).

Contract means the General Conditions of Contract and Special Conditions, Specifications, Drawings, Tender, written records of matters agreed after the submission of the Contractor’s tender, Letter of Acceptance and Agreement, together with other documents which the parties have agreed in writing shall form part of the Contract and such amendments or additions to the Contract as may be agreed in writing between the parties.

Contaminated water means water contaminated by the Contractor's activities, e.g. concrete water and runoff from plant/ personnel wash areas.

B) MATERIALS

Materials Handling, Use and StorageThe Contractor shall ensure that any delivery drivers are informed of all procedures and restrictions (including "no go" areas) required to comply with the Specifications. The Contractor shall ensure that these delivery drivers are supervised during off loading, by someone with an adequate understanding of the requirements of the Specifications.

Materials shall be appropriately secured to ensure safe passage between destinations. Loads including, but not limited to sand, fine vegetation, refuse, paper and cement, shall have appropriate cover to prevent them spilling from the vehicle during transit. The Contractor shall be responsible for any clean-up resulting from the failure by his employees or suppliers to properly secure transported materials.

All manufactured and/ or imported material shall be stored within the Contractor's camp, and, if so required by the Project Specification, out of the rain. All lay down areas outside of the construction camp shall be subject to the Engineer's approval, which shall not unreasonably be withheld.

Hazardous SubstancesHazardous chemical substances (as defined in the Regulations for Hazardous Chemical Substances) used during construction shall be stored in secondary containers. The relevant Material Safety Data Sheets (MSDS) shall be available on Site. Procedures detailed in the MSDS’s shall be followed in the event of an emergency situation.

Hazardous and non-hazardous materials shall be separated at site and disposed of in a manner approved by the Engineer.

Sludge is regarded as a hazardous substance and shall be disposed of at a hazardous waste disposal site approved by the Engineer. The sludge shall not be dried using existing or other sludge drying beds, but shall transfer directly to the hazardous waste disposal site. The Contractor shall supply the Engineer with a certificate of disposal for all disposed sludge.




The trucks transporting the sludge shall be watertight, and the Contractor shall take all reasonable measures to ensure that no sludge is deposited on any public roads during its transfer to the waste disposal site. In the event of a spillage occurring, the Contractor shall clean it up to the satisfaction of the Engineer and the relevant Local Authorities.

C) CONSTRUCTION

Method StatementsAny Method Statement required by the Engineer or the Project Specification shall be produced within such reasonable time as the Engineer shall specify or as required by the Project Specification. The Contractor shall not commence the activity until the Method Statement has been approved and shall, except in the case of emergency activities, allow a period of two weeks for approval of the Method Statement by the Engineer. Such approval shall not unreasonably be withheld.

The Engineer may require changes to a Method Statement if the proposal does not comply with the specification or if, in the reasonable opinion of the Engineer, the proposal may result in, or carries a greater than reasonable risk of, damage to the environment in excess of that permitted by the Specifications.

Approved Method Statements shall be readily available on the site and shall be communicated to all relevant personnel. The Contractor shall carry out the Works in accordance with the approved Method Statement.

Approval of the Method Statement shall not absolve the Contractor from any of his obligations or responsibilities in terms of the Contract.

Site DivisionThe Contractor shall restrict all his activities, materials, equipment and personnel to within the designated areas as specified by the engineer.

Site StructuresAll site establishment components (as well as equipment) shall be positioned to limit visual intrusion on neighbours and the size of area disturbed. The type and colour of roofing and cladding materials to the Contractor's temporary structures shall be selected to reduce reflection.

SecurityThe contractor’s camp areas shall be fenced with a minimum 1.8 metre high secure fence for the duration of the construction period.

Security guards shall control access to camp areas and to vehicular access routes to the construction site at all times during the construction phase.

Fences shall be checked regularly for breaches and be repaired as necessary.

Strict stock control systems shall be enforced in storage areas, particularly where chemicals, explosives and other potentially dangerous materials are being stored. Checking of stock quantities shall be undertaken immediately prior to contract progress meetings and findings shall be reported at the meetings.

Transportation of LabourLabour should be transported to and from the site in vehicles, where possible, arranged by the Contractor to discourage loitering in adjacent areas and possible increase in crime or disturbance. Unsocial activities such as unauthorised consumption or illegal selling of alcohol on the site shall be banned and any persons found to be engaged in such




activities shall be removed from site for the duration of the contract and may have criminal action taken against them.

Informal SettlementsNo labour other than essential personnel required for stand-by situations and security shall be housed on the site. Measures shall be put in place, in consultation with the local authority, to prevent squatting on the site and in areas immediately adjacent to the site.

LightingThe placement of light sources within the construction site and camp areas must be carefully planned so as to avoid causing a nuisance to residents.

Eating Areas

The Contractor shall designate an eating area for his employees. The Contractor shall provide bins with lids in this area. The waste may be temporarily stored on Site in a central waste area that is weatherproof and scavenger-proof, and which the Engineer has approved.

Any cooking on Site shall be done on well-maintained gas cookers with fire extinguishers present.

Ablution FacilitiesWashing, whether of the person or of personal effects and acts of excretion and urination are strictly prohibited other than at the facilities provided.

The Contractor shall ensure that no spillage occurs when the toilets are cleaned or emptied and that the contents are properly stored and removed from Site. Discharge of waste from toilets into the environment or works, and burial of waste is strictly prohibited.

LightsThe Contractor shall ensure that any lighting installed on the site for his activities does not interfere with road traffic or cause a reasonably avoidable disturbance to the surrounding community or other users of the area.

"No go" AreasIf so required by the Project Specification, certain areas shall be "no go" areas. The Contractor shall ensure that, insofar as he has the authority, no person, machinery, equipment or material enters the "no go" areas at any time.

Solid Waste Management No on-site burying or dumping of any waste materials, vegetation, litter or refuse shall occur. The Contractor shall provide sufficient bins with lids on Site to store the solid waste produced on a daily basis. Bins shall not be allowed to become overfull and shall be emptied a minimum of once daily. The waste may be temporarily stored on Site in a central waste area that is weatherproof and scavenger-proof, and which the Engineer has approved.

All solid waste shall be disposed of off site at an approved landfill site. The Contractor shall supply the Engineer with a certificate of disposal.

Emergency ProceduresThe Contractor’s procedures for the following emergencies shall include:

i) Fire




The Contractor shall advise the relevant authority of a fire as soon as one starts and shall not wait until he can no longer control it. The Contractor shall ensure that his employees are aware of the procedure to be followed in the event of a fire.

ii) Accidental leaks and spillages

The Contractor shall ensure that his employees are aware of the procedure to be followed for dealing with spills and leaks, which shall include notifying the Engineer and the relevant authorities. The Contractor shall ensure that the necessary materials and equipment for dealing with spills and leaks is available on Site at all times. Treatment and remediation of the spill areas shall be undertaken to the reasonable satisfaction of the Engineer.

In the event of a hydrocarbon spill, the source of the spillage shall be isolated, and the spillage contained. The area shall be cordoned off and secured. The Contractor shall ensure that there is always a supply of absorbent material readily available to absorb/ breakdown and where possible be designed to encapsulate minor hydrocarbon spillage. The quantity of such materials shall be able to handle a minimum of 200 ℓ of hydrocarbon liquid spill.

Fire ControlNo fires may be lit on site. Any fires that occur shall be reported to the Engineer immediately. Smoking shall not be permitted in those areas where it is a fire hazard. Such areas shall include the workshop and fuel storage areas and any areas where the vegetation or other material is such as to make liable the rapid spread of an initial flame. In terms of the Atmospheric Pollution Prevention Act (No. 45 of 1965), burning is not permitted as a disposal method.

The Contractor shall appoint a Fire Officer who shall be responsible for ensuring immediate and appropriate actions in the event of a fire and shall ensure that employees are aware of the procedure to be followed. The Contractor shall forward the name of the Fire Officer to the Engineer for his approval.

The Contractor shall ensure that there is basic fire-fighting equipment available on Site at all times. This shall include at least rubber beaters and at least one fire extinguisher of the appropriate type when welding or other “hot” activities are undertaken.

NoiseThe Contractor shall limit noise levels (e.g. install and maintain silencers on machinery). The provisions of SABS 1200A Subclause 4.1 regarding "built-up areas" shall apply to all areas within audible distance of residents whether in urban, peri-urban or rural areas.

Appropriate directional and intensity settings are to be maintained on all hooters and sirens.No amplified music shall be allowed on Site. The use of radios, tape recorders, compact disc players, television sets etc shall not be permitted unless the volume is kept sufficiently low as to avoid any intrusion on members of the public within range. The Contractor shall not use sound amplification equipment on Site unless in emergency situations.

Construction activities generating output levels of 85 dB (A) or more, in residential areas, shall be confined to the hour’s 08h00 to 17h00 Mondays to Fridays.

Blasting, pneumatic rock drills or other noisy activities should take place during normal working hours. The community should be notified prior to any planned activities that will




be unusually noisy. These activities could include, but are not limited to, blasting and the use of pneumatic rock drills.

Noise suppression measures must be applied to all construction equipment. Construction equipment must be kept in good working order, and where appropriate fitted with silencers which are to be kept in good working order. Should the vehicles or equipment not be in good working order, the Contractor may be instructed to remove the offending vehicle or machinery from site.

Should complaints regarding noise levels be received, as a result of construction activities on the site, these shall be recorded by the ELO, and if the associated operation is programmed to occur over an extended period of longer than two days, then the offending machinery or vehicle shall be identified and remedial measures implemented.

The Contractor shall take measures to discourage labourers from loitering in the area and causing noise disturbance. Where possible labour shall be transported to and from the site by the Contractor or his Sub Contractors by the Contractors own transport.

Access Routes/ Haul Roads

On the Site, and, if so required by the Project Specification, within such distance of the Site as may be stated, the Contractor shall control the movement of all vehicles and plant including that of his suppliers so that they remain on designated routes, are distributed so as not to cause an undue concentration of traffic and that all relevant laws are complied with. In addition such vehicles and plant shall be so routed and operated as to minimise disruption to regular users of the routes not on the Site. On gravel or earth roads on Site and within 500m of the Site, the vehicles of the Contractor and his suppliers shall not exceed a speed of 45 km/hr.

SafetyTelephone numbers of emergency services, including the local firefighting service, shall be posted conspicuously in the Contractor's office near the telephone.

No unauthorised firearms are permitted on Site.

Protection of Natural FeaturesThe Contractor shall not deface, paint, damage or mark any natural features (e.g. rock formations) situated in or around the Site for survey or other purposes unless agreed beforehand with the Engineer. Any features affected by the Contractor in contravention of this clause shall be restored/ rehabilitated to the satisfaction of the Engineer.

Within 500m of the Site the Contractor shall not permit his employees to make use of any natural water sources (e.g. springs, streams, open water bodies) for the purposes of swimming, personal washing and the washing of machinery or clothes.

Protection of Flora and FaunaExcept to the extent necessary for the carrying out of the Works, flora shall not be removed, damaged or disturbed nor shall any vegetation be planted without authorisation.

Trapping, poisoning and/ or shooting of animals is strictly prohibited. No domestic pets or livestock are permitted on Site.




Where the use of herbicides, pesticides and other poisonous substances has been specified, they shall be stored, handled and applied with due regard to their potential harmful effects.The Contractor will follow previously mentioned management guidelines Section 3.1.4 regarding the avoidance of soil degradation.

Construction and delivery vehicles shall only use established roads when transporting items to/from site.

The contractor shall be limited to a maximum working corridor of 5 metres wide through areas of crop, grassland and areas of indigenous vegetation.

The Engineer may instruct that any ecologically valuable plant species, found on site and likely to be disturbed by construction operations shall be removed by suitably qualified personnel (horticulturist) to a location within the alignment area to be instructed by the Engineer.

No plants or animals will be allowed to be caught, collected and consumed on site or removed from site by the Contractor or his personnel or sub-contractors. Any individual caught collecting plant or animal species shall be removed from the site for the duration of the contract and criminal proceedings may be pursued. The Main Contractor shall be held responsible for all infringements of this condition and a penalty of R1000.00 shall be charged for each infringement. An infringement shall be deemed to have occurred for each trap found, each person caught hunting, each animal caught and each plant harvested.

Fires and collection of firewood will not be permitted on or adjacent to site.

Sanitation and Ablution FacilitiesAdequate sanitation and ablution facilities must be provided for construction workers to avoid the use of the open space and water courses as toilets or washing facilities. Toilets and ablution facilities shall be connected to the municipal sewer, as far as possible. Chemical latrines, if used, shall be emptied regularly by a responsible contractor with knowledge of proper sanitation disposal procedures.

In addition, food preparation areas shall be provided with adequate washing facilities and food refuse shall be stored in sealed refuse bins which shall be removed from site at least twice weekly, to prevent the attraction of vermin.

The Contractor shall take steps to ensure that littering by construction workers does not occur and persons shall be employed on the site to collect litter from the site and immediate surroundings.

Skip waste containers shall be maintained on site. These shall be kept covered and arrangements made for them to be collected regularly from site by an appropriate contractor.

Storage of MaterialsThe Contractor will maintain storage of all potentially polluting materials, and shall undertake potentially polluting operations as far away as practically possible from areas of indigenous vegetation, topsoil/subsoil stockpiles and watercourses. The Contractor will ensure that additional supervisory time is spent to monitor such works. Such materials/operations include (but are not limited to):




batching, storing of cement, concrete and mortar;

petrol, oil and chemical storage and transfer;

washing, ablution and toilet facilities;

plant storage

All oils and lubricants which are unopened shall be stored in the workshop store on site. Used oils/lubricants will be put into drums and recycled. The Main Contractor will be responsible for ensuring that these used oils/lubricants are not disposed of by dumping pouring on open ground or down drains or in water courses. The main contractor shall ensure that contractors purchasing these materials understand the liability under which they must operate. The Environmental Liaison Officer will be responsible for reporting the storage/use of any other potentially harmful materials to DWAF.

The Environmental Liaison Officer will be responsible for ensuring that potentially harmful materials are properly stored in a dry, secure environment, with concrete or sealed flooring and a means of preventing unauthorized entry. The Environmental Liaison Officer will further ensure that materials storage facilities are cleaned/maintained on a regular basis, and that leaking containers are disposed of in a manner which allows no spillage onto the bare soil. The management of such storage facilities and means of securing them shall be agreed.

No washing of construction vehicles and plant will be allowed on site other than wheel washing. No detergents or chemicals will be used for wheel washing.

Machinery and plant shall keep as far away from watercourses as possible. No washing of vehicles/ plant in natural watercourses shall be allowed.

AestheticsThe Contractor shall take reasonable measures to ensure that construction activities do not have an unreasonable impact on the aesthetics of the area.

Community RelationsIf so required by the Project Specification, the Contractor shall erect and maintain information boards in the position, quantity, design and dimensions specified. Such boards shall include contact details for complaints by members of the public in accordance with details provided by the Engineer.

The Contractor shall keep a "Complaints Register" on Site. The Register shall contain all contact details of the person who made the complaint, and information regarding the complaint itself.

Unskilled and semi-skilled labour should be recruited from the local communities. Recruitment will take place through formal procurement procedure that includes a positive policy towards the employment of members of previously disadvantaged communities.

Where appropriate, the contractor will undertake training of unskilled and semi-skilled labour.

Where appropriate, labour intensive construction methods should be utilised to maximise the potential number of employment opportunities.

No selling or consuming of alcohol shall be permitted on site and any person found importing alcohol, drugs or illegal substances, shall be removed from the site for the duration of the contract and criminal action may be taken.




Loss of Crop PlantsA photographic record of the existing crop plants that will be affected by the works should be compiled. Compensation rates with the crop owners should be negotiated and the agreed compensation paid to the owners.

Cultural Environment

Compliance with KwaZulu-Natal Heritage ActAny possible archaeological / historical finds uncovered during construction must be brought to the attention of and investigated by a qualified archaeologist. Such finds must be reported to the Engineer who shall instruct work in the area of the find to be stopped immediately and shall report the find to the nearest Amafa KwaZulu Natal office and to the Natal Museum to comply with the KwaZulu-Natal Heritage Act of 1997 (Section 27).

The Contractor shall ensure that his workforce are aware of the necessity of reporting any possible historical or archaeological finds to the ELO so that the appropriate action can be taken. The contractor should be aware that failure to comply with this condition could lead to legal action being taken against him.

Temporary site closureIf the Site is closed for a period exceeding one week, the Contractor in consultation with the Engineer shall carry out the checklist procedure required by the Project Specification.

D) PLANT

Fuel (petrol and diesel) and OilFuel may be stored on site and the fuel storage area shall be located at the workshop or a fuel storage depot located within the construction camp. The Contractor shall ensure that all liquid fuels (petrol and diesel) are stored in tanks with lids, which are kept firmly shut or in bowsers. The tanks/ bowsers shall be situated on a smooth impermeable surface (plastic or concrete) base with an earth bund (plastic must have sand on top to prevent damage and perishing). The impermeable lining shall extend to the crest of the bund and the volume inside the bund shall be 110% of the total capacity of all the storage tanks/ bowsers. The bunded area shall be covered.

Only empty and externally clean tanks may be stored on the bare ground. All empty and externally dirty tanks shall be stored on an area where the ground has been protected. If fuel is dispensed from 200 litre drums, the proper dispensing equipment shall be used, and the drum shall not be tipped in order to dispense fuel. The dispensing mechanism of the fuel storage tank shall be stored in a waterproof container when not in use.

The Contractor shall prevent unauthorised access into the fuel storage area. No smoking shall be allowed within the vicinity of the fuel storage area. The Contractor shall ensure that there is adequate fire-fighting equipment at the fuel stores.

Where reasonably practical, plant shall be refuelled at the depot or at the workshop as applicable. If it is not reasonably practical then the surface under the refuelling area shall be protected against pollution to the reasonable satisfaction of the Engineer prior to any refuelling activities. The Contractor shall ensure that there is always a supply of absorbent material readily available to absorb/breakdown and where possible be designed to encapsulate minor hydrocarbon spillage. The quantity of such materials shall be able to handle a minimum of 200 ℓ of hydrocarbon liquid spill. This material must be approved by the Engineer prior to any refuelling or maintenance activities.




Contaminated WaterThe Contractor shall set up a contaminated water management system, which shall include collection facilities to be used to prevent pollution, as well as suitable methods of disposal of contaminated water.

The Contractor shall prevent discharge water contaminated with any pollutants, such as cements, concrete, lime, chemicals and fuels, into the works or into any drainage line, stream, river or other wetland. The Contractor shall not discharge the water used in cleaning the equipment into the works.

The Engineer’s approval will be required prior to the discharge of contaminated water to a Municipal sewer system.

The Contractor shall notify the Engineer immediately of any pollution incidents on Site.

Grout Batching AreaGrout shall be mixed in the proper plant. All cement-contaminated water resulting from batching of grout shall be disposed of via the wastewater management system, and shall not be discharged into the river.

Workshop, Equipment Maintenance and StorageWhere practical, all maintenance of equipment and vehicles on Site shall be performed in the workshop. If it is necessary to do maintenance outside of the workshop area, the Contractor shall obtain the approval of the Engineer prior to commencing activities.

The Contractor shall ensure that in his workshop and other plant maintenance facilities, including those areas where, after obtaining the Engineer's approval, the Contractor carries out emergency plant maintenance, there is no contamination of the soil or vegetation. The workshop shall have a smooth impermeable (concrete or thick plastic covered with sand) floor. The floor shall be bunded and sloped towards an oil trap or sump to contain any spillages of substances (e.g. oil). When servicing equipment, drip trays shall be used to collect the waste oil and other lubricants. Drip trays shall also be provided in construction areas for stationary plant (such as compressors) and for "parked" plant (such as scrapers, loaders, vehicles).

All vehicles and equipment shall be kept in good working order and serviced regularly. Leaking equipment shall be repaired immediately or removed from the Site. When servicing or refuelling equipment, drip trays shall be used to collect the waste oil and other lubricants.

The washing of equipment shall be restricted to urgent or preventative maintenance requirements only. All washing shall be undertaken in the workshop or maintenance areas, and these areas must be equipped with a suitable impermeable floor and sump/oil trap. The use of detergents for washing shall be restricted to low phosphate and nitrate containing, low sudsing-type detergents.

DustThe Contractor shall take all reasonable measures to minimise the generation of dust as a result of construction activities to the satisfaction of the Engineer. Appropriate dust suppression measures, e.g. dampening with water, shall be used when dust generation is unavoidable, particularly during prolonged periods of dry weather in summer.

During high wind conditions, the Contractor shall comply with the Engineer instructions regarding dust-damping measures. The Engineer may request the temporary cessation of all construction activities were wind speeds are unacceptably high, and until such time as wind speeds return to acceptable levels.




The Contractor will dampen all exposed soil surfaces including; access roads, works areas and camp areas with a water bowser or sprinklers, as necessary to minimise dust problems. Mitigation will be especially significant during extended dry periods or due to particular operations such as soil stripping, blasting or excavation at which times damping down shall take place on a continual basis.

The Contractor will commence rehabilitation of exposed soil surfaces as soon as practical after completion of earthworks. This includes the grassing of any cut and fill soil slopes immediately on completion of earthworks.

The regular maintenance of plant and machinery will be undertaken to ensure that gaseous emissions are minimised. The Contractor shall ensure that his Sub Contractors comply with this condition. Any offending machinery or plant may be instructed to be removed from site.

Cooking will only be permitted in designated areas by approved vendors. Only gas operated cookers will be permitted. All food preparation areas shall be operated to hygienic standards and shall be regularly inspected by the Environmental Liaison Officer.

The Contractor must further ensure that any grass or weed vegetation left in a natural state and adjacent to cooking areas shall be cut to prevent fires, especially during the dry months.

Blasting shall be carried out in accordance with legislation using optimal and not excessive quantities of explosives. The manufacturers recommended mitigation measures shall be applied, such as blankets and watering down of surfaces. Blasting shall only occur on calm days. All explosive material, if retained on site, shall be stored in a secure and separately designated area. If any rock removal is found to be necessary within 500 metres of any existing buildings, alternative methods of rock removal shall be considered.

Existing vegetation will assist in screening the site, control dust and help prevent soil erosion.

Areas of indigenous vegetation shall be fenced off during construction as instructed by the engineer.

All existing vegetation on and adjacent to the pipe alignment shall be retained.

Should it become necessary to undertake bush clearance, all areas of clearance and removal of individual trees shall only be undertaken after approval by the engineer, who shall inspect the area of proposed clearance with the ECO. Should the contractor not comply with this condition a penalty of R1000.00 shall be imposed on him for each area of shrub / herbaceous vegetation or each individual tree removed without approval. The contractor shall also be responsible for immediate rehabilitation of the area affected to the satisfaction of the engineer and at his own cost.

E) FINES FOR NON COMPLIANCE WITH THIS ENVIRONMENTAL MANAGEMENT PLAN.Fines will be issued for the transgressions listed below. Fines may be issued per incident at the discretion of the Engineer. Such fines will be issued in addition to any remedial costs incurred as a result of non-compliance with the environmental specifications. The Engineer will inform the Contractor of the contravention and the amount of the fine, and will deduct the amount from monies due under the Contract.




Fines for the activities detailed below, will be imposed by the Engineer on the Contractor and/or his Sub-contractors.

a. Any employee’s, vehicles, plant, or thing related to theContractors operations operating within thedesignated boundaries of a “no-go” area.

R 5 000

b. Any vehicle driving in excess of designated speed R 1 000

c. Employees walking, any vehicle being driven, and items of plant or materials being parked or stored outside the demarcated

boundaries of the site.

R 2 000

d. Persistent and un-repaired oil leaks from machinery. R 3 000e. Persistent failure to monitor and empty drip trays timeously.

R 1 000

f. Persistent spillage of sludge on public roads due tothe Contractors negligence.

R 5 000

g. The use of inappropriate methods for refuelling. R 1 000h. Litter on site associated with construction activities. R 1 000

i. Deliberate lighting of illegal fires on site. R 5 000j. Any employee eating meals on site, outside of the

defined eating area.R 1 000

k. Employees not making use of the site ablution facilities.

R 1 000

l. Failure to implement specified noise controls. R 1 000m. Failure to empty waste bins on a regular basis. R 1 000n. Inadequate dust control. R 3 000o. A spillage, pollution, fire or any damage to on site flora

or any wetland River resulting from negligence on the part of the Contractor.

R 10 000

p. The use of inappropriate handling and disposal methods for the sludge and effluent.

R 5 000

q. An individual littering on the site R 20r. An individual making an illegal fire on site R 20 - 200s. An individual using a funnel for refuelling rather than a

pumpR 20

t. An individual performing an ablution anywhere other than in a toilet

R 20

u. An individual eating a meal outside of the defined eating area

R 20




For each subsequent similar offence the fine shall be doubled in value to a maximum value of R30,000.

The Engineer shall be the judge as to what constitutes a transgression in terms of this clause, subject to the provisions of Clause 60(1) of the General Conditions of Contract. In the event that transgressions continue the Contractors attention is drawn to the provisions of Sub-clause 58(1)(b)(vi) of the General Conditions of Contract under which the Engineer may cancel the Contract.

F) ENVIRONMENTAL MANAGEMENT COMPLIANCE

Environmental OfficersThe Contractor shall appoint an Environmental Liaison Officer (ELO) for the duration of the construction period. The ELO shall be a senior member of the construction team and have overall environmental management responsibilities on the site.

The ELO is to monitor the activities of the Main Contractor and any subcontractors, and is to ensure that mitigation measures contained in this document are adhered to. The ELO is to liase with the Environmental Control Officer (ECO) on a regular basis so as to inform the ECO of the adherence to and effectiveness of the prescribed management measures. The ECO shall be appointed by Mhlathuze Water. Any new, or amendments to existing, mitigation measures to address areas of concern notified by the ECO are to be acted on as necessary by the Contractor.

Mhlathuze Water will be responsible for maintaining communication channels with I&APs throughout the Construction Phase. A record of all correspondence with I&APs should be kept by Mhlathuze Water noting the date, details of the I&AP, details of correspondence, details of any issues discussed and details of any follow-

up action taken. All communications with I&APs received by the ECO, ELO or other members of the environmental management team shall be referred to Mhlathuze Water to ensure that these are properly recorded and the appropriate action taken.

EMP Compliance Monitoring and AuditsThe Environmental Liaison Officer will conduct regular monitoring of the Construction Phase to ensure compliance with this EMP and keep records of such monitoring. The results of this monitoring will be reported to the Contractor, Mhlathuze Water and the ECO in the form of a compliance monitoring report which must be submitted monthly during the Construction Phase. The ELO shall also keep records of non-compliance and how this was rectified, and this must be reported to the Contractor, Mhlathuze Water, the ECO and the Environmental Committee in order that they can follow up if necessary.

Environmental Audits will be undertaken by the ECO and the ELO on a monthly basis during the Construction Phase and annually during the Operation Phase. The results of these audits will be included in EMP Compliance Reports to be submitted to the Department of Agriculture and Environmental Affairs (DAEA). DAEA, through their Inspectorate will also be involved in monitoring procedures as necessary.

EMP ComplianceThe EMP will be considered an extension of the Conditions of Approval as set forth by DAEA. Non-compliance with the EMP will constitute non-compliance with said Conditions.

The EMP will be made binding on all contractors operating on the site and will be included within the Contractual Clauses. According to the DAEA Standard Conditions for EIA




Approval, non-compliance with, or any deviation from, the conditions set out in the document constitutes a failure in compliance with the approval. Such failure in compliance will be dealt with in terms of Sections 29, 30, and 31 of the Environment Conservation Act (Act No. 73 of 1989), as well as any other appropriate legal mechanisms.

It should be noted that in terms of the Environment Conservation Act, those responsible for Environmental Damage (in this case the Contractor) must pay the repair costs both to the environment and human health and the preventative measures to reduce or prevent further pollution and / or environmental damage (The polluter pays principle).

TolerancesEnvironmental management is concerned not only with the final results of the Contractor's operations to carry out the Works but also with the control of how those operations are carried out. Tolerance with respect to environmental : Protection of the Environment and the details set out in the Project Specification.


Pro-forma



ENVIRONMENTAL PROTECTION DECLARATION

Employer: Mhlathuze WaterContract No: MW/??/2017


PROTECTION OF THE ENVIRONMENT

The Contractor will not be given right of access to the Site until this form has been signed

I/ we,..................................................................................................{Contractor} record as follows:

1. I/ we, the undersigned, do hereby declare that I/ we am/ are aware of the increasing requirement by society that construction activities shall be carried out with due regard to their impact on the environment.

2. In view of this requirement of society and a corresponding requirement by the Employer with regard to this Contract, I/ we will, in addition to complying with the letter of the terms of the Contract dealing with protection of the environment, also take into consideration the spirit of such requirements and will, in selecting appropriate employees, plant, materials and methods of construction, in-so-far as I/ we have the choice, include in the analysis not only the technical and economic (both financial and with regard to time) aspects but also the impact on the environment of the options. In this regard, I/ we recognised and accept the need to a Tender by the “precautionary principle” which aims to ensure the protection of the environment by the adoption of the most environmentally sensitive construction approach in the face of uncertainty with regard to the environmental implications of construction.

3. I/ we acknowledge and accept the right of the Employer to deduct, should he so wish, from any amounts due to me/ us, such amounts (hereinafter referred to as fines) as the Engineer shall certify as being warranted in view of my/ our failure to comply with the terms of the Contract dealing with protection of the environment, subject to the following:

3.1 The Engineer may impose such fine only –

3.1.1 if he is reasonably satisfied of my/ our failure to comply with the terms of the Contract dealing with protection of the environment

3.1.2 if he is reasonably satisfied that it is necessary to impose such fine in order to achieve future compliance

3.1.3 after he has consulted with a person suitably experienced in "environmentalimplementation plans" and "environmental management plans" (both as defined in Act No 107,1998) as to whether there has been a failure to comply with a terms of the Contract dealing with protection of the environment and as to a reasonable amount of the fine.

3.2 The Engineer, in determining the amount of such fine, shall take into account inter alia, the nature of the offence, the seriousness of its impact on the environment, the degree of prior compliance/non-compliance, the extent of the Contractor's overall compliance with environmental protection requirements and, in particular, the extent to which he




considers it necessary to impose a sanction in order to eliminate/reduce future occurrences

3.3 The Engineer shall, with respect to any fine imposed, provide me/ us with a written statement giving details of the offence, the facts on which the Engineer has based his assessment and the terms of the Contract (by reference to the specific clause) which has been contravened.

3.4 At the sole discretion of the Engineer, the Engineer may at any time before one month after the issue of the Certificate of Completion (for the last completed portion of the Works should there be more than one), reverse all or some, in whole or in part, of previously imposed fine and shall include such reversed payment in a subsequent Payment Certificate.

3.5 The sum total of all fines retained by the Employer after the processing of any Payment Certificate issued up to one month after the issue of the Certificate of Completion referred to above, shall, within one month be paid by the Employer to a charity mutually agreed upon by the Contractor and the Employer, failing which agreement, as determined by the Engineer following consultation with the two parties.

Signed ..................................... Date........................CONTRACTOR

Witnesses:

……………………………………………

……………………………………………




PART C6LIST OF TENDER DRAWINGS

C6.1 Drawings




C6.1: LIST OF TENDER DRAWINGS

Drawings No. Drawing Name Scale Size

REV

H346307-0000-10-012-0001-001

OUTLET PIPE PLAN PROFILE As Shown

2

H346307-0000-10-014-0001-001

SITE LAYOUT AND SETTING OUT As Shown

B

H346307-0000-10-042-0001-001

1200NB STEEL PIPE LONGSECTIONS As Shown

B

H346307-0000-50-035-0001-001

INLET CHAMBER NO. 2 DETAILS As Shown

1

H346307-0000-50-042-0001-001 PIPEWORK DETAILS

As Shown

1

1500D45-CIV-005-C-0 RESERVOIR INLET CHAMBER PIPEWORKAs Shown

0

1500D45-CIV-006-C-0RESERVOIR OUTLET CHAMBER PIPEWORK

As Shown

0
