MHLATHUZE WATER CONTRACT NO. MWOOO · Web viewMHLATHUZE WATER CONTRACT NO. MW/13/2017 ALTERATIONS AND ADDITIONS TO THE EXISTING MHLATHUZE WEIR STRUCTURE DECEMBER 2017 TENDER SUBMITTED

MHLATHUZE WATERCONTRACT NO. MW/13/2017

ALTERATIONS AND ADDITIONS TO THE EXISTING MHLATHUZE WEIR STRUCTURE

DECEMBER 2017

TENDER SUBMITTED BY:

Company Name: ______________________________________________________________

Physical Address: _______________________ Postal Address:_____________________

_______________________ _____________________

_______________________ _____________________

_______________________ _____________________

Telephone No. _______________________ Fax No. _____________________

TENDER CLOSING DATE: 9 FEBRUARY 2018

Enquiries: For enquiries contact Ms Zama Zuma on Tel: 035 902 1000 or e-mail [email protected] and other enquiries contact Ms Ntombifuthi Luthuli on Tel: 035 902 1079 or e-mail [email protected]

mailto:[email protected]

TABLE OF CONTENTS

PART NO. DESCRIPTION COLOUR PAGE

T1.1 Tender Notice and Invitation to Tender White 2 - 3T1.2 Tender Data Pink 4 - 14T1.3 Preferential Procurement Regulations Pink 15 - 25T1.4 Standard Conditions of Tender Pink 26 - 42

Part T2 Returnable Documents

T2.1 List of Returnable Documents Yellow 43 - 61T2.2 Returnable Schedules Yellow 62 - 122

Part C1 Agreements and Contract Data

C1.1 Form of Offer and Acceptance Yellow 123 - 127C1.2 Contract Data Yellow 128 - 158C.1.3 General Conditions of Contract Yellow 159 - 213

Part C2 Pricing Data

C2.1 Pricing Instructions Yellow 214 - 216C2.2 Bill of Quantities Yellow 217 - 237

Part C3 Scope of Work

C3.1 Description of Works Blue 238 - 241C3.2 Engineering Blue 242 - 244C3.3 Construction Blue 245 - 246C3.4 Standard Specifications & Site

Information Blue 247 - 253C3.5 Project Specifications Blue 254 - 255C3.6 Variations and Additions to Standard

Specifications Blue 256 - 297C3.7 Particular Specifications Blue 298 - 305C3.8 Site Management Blue 306 - 320

APPENDIX A

MHLATHUZE ENVIRONMENTAL MANAGEMENT PROGRAMME

APPENDIX B

MHLATHUZE WATER HEALTH AND SAFETY SPECIFICATION & BASELINE RISK ASSESSMENT

APPENDIX C

GEOTECHNICAL REPORT

APPENDIX D

LOCALITY PLAN & SITE LAYOUT

APPENDIX E

DRAWINGS

PART T1 TENDERING PROCEDURES

T1.1 Tender Notice and Invitation to Tender

TENDER NOTICE AND INVITATION TO TENDER

Mhlathuze 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 suppliers are invited to tender for the following:

CONTRACT NO. MW/13/2017ALTERATIONS AND ADDITIONS TO THE EXISTING MHLATHUZE WEIR STRUCTURE

The Works involves the construction of a new spillway adjacent to the existing weir structure, cut-off walls on both sides, new intake channel and a gabion retaining wall and a fish ladder against the left embankment. The downstream bed and right embankment will be stabilised with riprap. Only tenderers who fulfil the following are eligible to submit tenders:

CIDB Grading Contractor of 8CE or Higher and who satisfy the criteria stated in the tender data.

Evaluation method:

90/10, Preference Point Scoring System in terms of PPPFA using Method 2 Price, Preference with quality used as pre-qualifying criteria.

Tenderers are required to achieve at least 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 initiative.

Any tender that fails to meet the pre-qualifying criteria stipulated above will be an unacceptable tender.

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

A compulsory clarification meeting with representatives of Mhlathuze Water will take place in the Mhlathuze Water Head Office, Social Lappa Meeting Room, located Cnr of South Central Arterial and Battery Bank, Alton, Richards Bay on 15 January 2018 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 three (3) days 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 9 February 2018. Submission must be in an envelope that is clearly marked MW/13/2017 ALTERATIONS AND ADDITIONS TO THE EXISTING MHLATHUZE WEIR STRUCTURE and addressed to Mhlathuze Water–Supply Chain Management.

Enquiries: for technical enquiries contact Ms Zama Zuma on Tel: 035 902 1086 or e-mail [email protected] and for other enquiries contact Ms Ntombifuthi Luthuli on Tel: 035 902 1079 or email [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.

CONTRACT MW/13/2017 PAGE 1

mailto:[email protected]


T1.2 Tender Data


TENDER DATA


Clause Number

Addition or Variation to Standard Conditions of Tender

F.1.1.1 The Employer is Mhlathuze Water

F.1.2 The tender documents issued by the employer comprise:

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

T1.3 Preferential Procurement Regulations T1.4 Standard Conditions of Tender

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

Part C1 Agreements And Contract Data C1.1 Form of offer and acceptance C1.2 Contract data

Part C2 Pricing data C2.1 Pricing instructions C2.2 Schedules of Quantities

Part C3 Scope of work C3.1 Project SpecificationsC3.2 Construction C3.3 Site ManagementC3.4 Site Information

F.1.3 Contract Period

The contract period is Fourty Five (45) Weeks.

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

Name : Leon Pienaar

Address : BVi Consulting Engineers KZN (Pty) LtdSecond Floor, Pharos House, 70 Buckingham Terrace Westville3630

Tel. No. : +27 (0) 31 266 8382Fax No. : +27 (0) 31 267 0728E-Mail : [email protected]

F.2.1 Joint Ventures are eligible to submit tenders provided that: A joint venture agreement, signed by both partners as a joint venture is in

place At least one member of the joint venture is an SMME Roles, responsibilities and percentage split of all partners must be clearly

defined.

F.2.4 Add the following clause:

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.2.8 Add the following to the clause

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 Tender Offers

No alternative offers 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 Box

Physical Address : Mhlathuze WaterCorner of South Central Arterial & Battery BankAltonRICHARDS BAY 3900

Identification Details : MW/13/2018: ALTERATIONS AND ADDITIONS TO THE EXISTING MHLATHUZE WEIR STRUCTURE

F.2.13.6

A two-envelope procedure will NOT be followed.

Pre-qualification process

Add the following to the clause:

Accept that tenders will go through a pre-qualification process in which tenders shall be evaluated for quality first and 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 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.2.15.1

The closing time for submission of tender offers is 09 February 2018 at 12h00.

Add the following to the clause (F.2.15.1)

Telephonic, telegraphic, telex, facsimile or e-mailed and late tender offers will not be accepted

F.3.7 Add the following to the clause:

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.2.16.1

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

F.2.16.1

Add the following to the clause:

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.2.23 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, therefore shall not be evaluated further for functionality paying special attention to the following: 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, therefore shall not be evaluated further for functionality paying special attention to the following: (a) A certified copy of Partnership or Joint Venture Agreement certified by The

SAPS or The Court of Law (if tenderer is a partnership or joint venture)(b) CIDB Confirmation of 8CE or Higher is required; certificate should be valid

14 days after the tender closing.

(c) In terms of Clause 4.1 of PPPFA Regulations (2017) the following pre-qualifying criteria will apply:

The tenderer shall subcontract a minimum of 35% to an EME or QSE which is at least 51% owned by black people

Details of the proposed subcontractors must be provided under returnable schedule, with traceable project references attached, as well as signed declarations to enter into sub-contract agreement should the tenderer be successful.Any tender that fails to meet the pre-qualifying criteria stipulated above will be an unacceptable tender. (d) The bidder or any of its directors/shareholders is not listed on the National

Treasury Register of Tender Defaulters i.t.o. Prevention and Combating of Corrupt Activities Act of 2004 as a person prohibited from doing business with the public sector

(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.3.3 Site meeting / Briefing session

A compulsory clarification meeting with representatives of Mhlathuze Water will take place at the in the Boardroom of Mhlathuze Water Head Office, located Cnr of South Central Arterial and Battery Bank, Alton, Richards Bay on

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 the 9 February 2018.Submission must be in an envelope that is clearly marked: ALTERATIONS AND ADDITIONS TO THE EXISTING MHLATHUZE WEIR STRUCTURE

and addressed to Mhlathuze Water–Supply Chain Management.

F.3.5 A two-envelope procedure will NOT be followed.

F.3.11 Add the following to the clause:

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.3.11.5

Method 4: Quality, Financial offer and Preference

F.3.11.7

Formula 2 option 2 to calculate the value of A. W1 =90


F.3.11.8

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

90/10 principle

B-BBEE Status

Preference points claimed will be as per detailed hereafter, using the formula in Preferential Procurement Regulations, 2017.

Preference points claimed will be as follows:Level 1 Contributor…………………………………………….10 pointsLevel 2 Contributor……………………………………………. 9 pointsLevel 3 Contributor……………………………………………. 6 pointsLevel 4 Contributor……………………………………………. 5 pointsLevel 5 Contributor……………………………………………. 4 pointsLevel 6 Contributor……………………………………………. 3 pointsLevel 7 Contributor……………………………………………. 2 pointsLevel 8 Contributor……………………………………………..1 pointNone Contributor………………………………………………..0 points

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 points for Quality Items is 80

The minimum number of points to be obtained for Quality (based on the Functionality Criteria) shall be 48 points of the maximum points for the tenderer to be evaluated further. A sub-minimum score of 60% must be scored on each functionality criterion.

Quality (Functionality)

CriteriaSub-criteria

Max. No.

of Points

1) Experience in the Industry (To qualify for experience each project claim shall be accompanied by a completed positive Returnable Schedule 16 reference)

Scoring of the tender‘s experience in the past ten years will be as follows:

a) Company experience in concrete weirs, concrete dams or other concrete structures constructed in moving water completed in the past 10 years with:

Project value (>R15 Million – R30 Million) = (maximum 2 projects)

Project value (> R30 Million – R 40 Million)= (maximum 3 projects)Project value(> R 40 Million – R60 Million)= (maximum 3 projects)Project value (> R 60 Million) =

=Maximum Score – 40

points

5 points each

7.5 points each

10 points each

20 points each

40

b) Positive References by authorised signatory of performance on previous projects (must be from of the projects listed in 1(a) above

2 points per reference

Maximum score – 10 points

10


2) Qualifications and Experience of Key Personnel

1. Contracts Manager/Director

Recognised degree in Civil Engineering plus

Minimum of 3 years relevant experience – 2 points

More than 3 and less than 10 years relevant experience – 6 points

10 years and above relevant experience – 10 pointsMaximum Score – 10 points

2. Site Agent

Diploma in Civil Engineering or related qualification plus

Minimum 3 years relevant experience – 2 points

More than 3 and less than 10 years relevant experience – 6 points

10 years and above relevant experience – 10 pointsMaximum Score – 10 points

Maximum Score – 20 Points

NB: Contract Manager/ Director must be a different person from the Site Agent, otherwise one will be disqualified.

20


3) Commitment to Health and Safety

a) ) Qualified SACPCMP Registered Health & Safety Officer with

i) Recognised Diploma in Health and Safety or equivalent 10

ii) NQF Level 5(SAMTRAC) or equivalent certificate in Health and Safety with two years’ experience

Maximum Score 10

5

10

Total maximum evaluation points for Quality for Items 1 to 3 above (Max 80)


F.3.13. Add the following to the clause:

Accept that Tender offers will only be accepted if:

(a) Law (if tenderer is a partnership or joint venture)

(b) CIDB Confirmation of 8CE or Higher is required; certificate should be valid 14 days after the tender closing.

(c) Tenderers are required to achieve a minimum of 35% Contract Participation Goals (CPG) to

comply with Mhlathuze Water’s B-BBEE Policy. In so doing the Tenderers must ensure that the Targeted Enterprise fulfils all the requirements as stipulated in the tender document.

(d) The tenderer has not;(i) Abused the Employer’s Supply Chain Management System; or(ii) Failed to perform on any previous contract and has been given a written notice to this

effect

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

(f) A certified copy of Partnership Agreement certified by The SAPS or The Court of 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.3.17 The successful tenderer shall receive one copy of the signed contract

- END OF SECTION–



T1.3 Preferential Procurement Regulations


PREFERENTIAL PROCUREMENT REGULATIONS, 2017

As published in

Regulation Gazette No. 10684 of 20 January 2017

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

Definitions

1. In these Regulations, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Act must bear the meaning so assigned-

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

“B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

“black designated groups” has the meaning assigned to it in the codes of good practice issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

“black people” has the meaning assigned to it in section 1 of the Broad-Based Black Economic Empowerment Act;

“Broad-Based Black Economic Empowerment Act” means the Broad-Based-Black Economic Empowerment Act,2003(Act No. 53 of 2003)

“co-operative” means a co-operative registered in terms of section 7 of the Co-operatives Act,2005(Act No.14 of 2005);

“designated group” means-

a) black designated groups;b) black people;c) women;d) people with disabilities;e) small enterprises, as defined in section 1 of the National

Small Enterprise Act,1996(Act No.102 of 1996)

“designated sector” means a sector, sub-sector or industry or product designated in terms of regulation 8(1)(a)


“EME” means an exempted micro enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

“functionality” means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents;

“military veteran” has the meaning assigned to it in section 1 of the Military Veterans Act,2011(Act No.18 of 2011)

“National Treasury” has the meaning assigned to it in section 1 of the Public Finance Management Act,1999(Act No.1 of 1999);

“people with disabilities” has the meaning assigned to it in section 1 of the Employment Equity Act,1998(Act No.55 of 1998);

“price” includes all applicable taxes less all unconditional discounts;

“proof of B-BBEE status level contributor” means-a) the B-BBEE status level certificate issued by an authorised body or

person;b) a sworn affidavit as prescribed by the B-BBEE Codes of Good

Practice; orc) any other requirement prescribed in terms of the Broad-Based

Black Economic Empowerment Act;

“QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

“Rand value” means the total estimated value of a contract in Rands, calculated at the time of tender invitation;

“rural area” means- a) a sparsely populated area in which people farm or depend on

natural resources, including villages and small towns that are dispersed through the area; or

b) an area including a large settlement which depends on migratory labour and remittances and government social grants for survival, and may have a traditional tenure system;

“stipulated minimum threshold” means the minimum threshold stipulated in terms of regulation 8(1)(b);

“the Act” means the Preferential Procurement Policy Framework Act,2000 (Act No.5 of 2000); 2007;

“township” means an urban living area that any time from the late 19th

century until 27 April 1994,was reserved for black people, including areas developed for historically disadvantaged individuals post 27 April 1994;

“treasury” has the meaning assigned to it in section 1 of the Public Finance Management Act,1999 (Act No.1 of 1999);and


“youth” has the meaning assigned to it in section 1 of the National Youth Development Agency Act,2008(Act No.54 of 2008).

Application

2 These Regulations apply to organs of state as envisaged in the definition of organ of state in section 1 of the Act.

Identification of preference point system, designated sector,pre-qualification criteria, objective criteria and subcontracting

3 An organ of state must-(a) determine and stipulate in the tender documents-

(i) the preference point system applicable to the tender as envisaged in regulation 6 or 7;or

(ii) if it is unclear which preference point system will be applicable, that either the 80/20 or 90/10 preference point system will apply and that the lowest acceptable tender will be used to determine the applicable preference point system;

(b) determine whether pre-qualification criteria are applicable to the tender as envisaged in regulation 4;

(c) determine whether the goods or services for which a tender is to be invited ,are in a designated sector for local production and content as envisaged in regulation 8;

(d) determine whether compulsory subcontracting is applicable to the tender as envisaged in regulation 9;and

(e) determine whether objective criteria are applicable to the tender as envisaged in regulation 11.

Pre-qualification criteria for preferential procurement

4.(1) If an organ of state decides to apply pre-qualifying criteria to advance certain designated groups, that organ of state must advertise the tender with a specific tendering condition that only one or more of the following tenderers may respond-

a) a tenderer having a stipulated minimum B-BBEE status level of contributor;

b) an EME or QSE;c) a tenderer subcontracting a minimum of 30% to-

(i) an EME or QSE which is at least 51% owned by black people;(ii) an EME or QSE which is at least 51% owned by black people

who are youth;(iii)an EME or QSE which is at least 51% owned by black people

who are women;(iv) an EME or QSE which is at least 51% owned by black

people with disabilities;(v) an EME or QSE which is 51% owned by black people living in

rural or underdeveloped areas or townships;(vi) a cooperative which is at least 51% owned by black

people;


(vii) an EME or QSE which is at least 51% owned by black people who are military veterans;

(viii) an EME or QSE.

(2) A tender that fails to meet any pre-qualifying criteria stipulated in the in the tender documents is an unacceptable tender.

Tenders to be evaluated on functionality 5(1) An organ of state must state in the tender documents if the tender will evaluated on functionality

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

(3) The tender documents must specify-a) the evaluation criteria for measuring functionality;b) the points for each criteria and, if any, each sub-criterion; andc) the minimum qualifying score for functionality.

(4) The minimum qualifying score for functionality for a tender to be considered further-

a) must be determined further separately for each tender; andb) may not be so-

(i) low that it may jeopardise the quality of the required goods or services; or

(ii) high that it is unreasonably restrictive.

(5) Points scored for functionality must be rounded off to the nearest two decimal places.

(6) A tender that fails to obtain the minimum qualifying score for functionality as indicated in the tender documents is not an acceptable tender.

(7) Each tender that obtained the minimum qualifying score for functionality must be evaluated further in terms of price and the preference point system and any objective criteria envisaged in regulation 11.

80/20 preferential point system for acquisition of goods or services for Rand value equal to or above R30 000 and up to R50 million

6 (1) The following formula must be used to calculate the points out of 80 for price in respect of a tender with a Rand value equal to or above R30 000 and up to a Rand value of R50 million, inclusive of all applicable taxes:

Where-


Ps = 80

Ps = points scored for price of tender under consideration;Pt = price of tender under consideration; andPmin = price of lowest acceptable tender.

(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 202 183 144 125 86 67 48 2Non-compliant contributor 0

(3) A tenderer must submit proof of its B-BBEE status level of contributor.

(4) A tenderer failing to submit proof of B-BBEE status level of contributor or is a non-compliant contributor to B-BBEE may not be disqualified, but-

a) may only score points out of 80 for price; andb) scores 0 out of 20 for B-BBEE.

(5) A tenderer may not be awarded points for B-BBEE status level of contributor if the tender documents indicate that the tenderer intends subcontracting more than 25% of the value of the contract to any other person not qualifying for at least the points that the tenderer qualifies for, unless the intended subcontractor is an EME that has the capability to execute the subcontract.

(6) The points score by a tenderer for B-BBEE in terms of sub regulation (2) must be added to the points scored for price under sub regulation (1).

(7) The points scored must be rounded off to the nearest two decimal places.

(8) Subject to sub regulation (9) and regulation 11, the contract must be awarded to the tenderer scoring the highest points.

(9) (a) If the price offered by the tenderer scoring the highest points is not market-related, the organ of state may not award the contract to that tenderer.

(b) The organs of state may-

(i) negotiate a market-related price with the tenderer scoring the highest points or cancel the tender;


(ii) if the tenderer does not agree to a market-related price, negotiate a market-related price with the tenderer scoring the second highest points or cancel the tender;

(iii)if the tenderer scoring the second highest points does not agree to a market-related price, negotiate a market-related price with the tenderer scoring the third highest points or cancel the tender.

( c) If a market-related price is not agreed as envisaged in paragraph (b)(iii),the organ of state must cancel the tender.

90/10 preference point system for acquisition of goods or services with Rand value above R50 million

7 (1) The following formula must be used to calculate the points out of 90 for price in respect of a tender with a Rand value above R50 million, inclusive of all applicable taxes:

Where-

Ps=90

Ps = points scored for price of tender under consideration;Pt = price of tender under consideration; andPmin = price of lowest acceptable tender.

(2The following table must be used to calculate the points out of 10 for B-BBEE:

B-BBEE Status Level of Contributor Number of Points1 102 93 64 55 46 37 28 1Non-compliant contributor 0

(3) A tenderer must submit proof of its B-BBEE status level of contributor.

(4) A tenderer failing to submit proof of B-BBEE status level of contributor or is a non-compliant contributor to B-BBEE may not be disqualified, but-

c) may only score points out of 90 for price; andd) scores 0 out of 10 for B-BBEE.

(5) A tenderer may not be awarded points for B-BBEE status level of contributor if the tender documents indicate that the tenderer intends subcontracting more than 25% of the value of the contract to any other person not qualifying for at least the points that the tenderer qualifies for, unless the intended subcontractor is an EME that has the capability to execute the subcontract.


(6) The points score by a tenderer for B-BBEE in terms of sub regulation (2) must be added to the points scored for price under sub regulation (1).

(7) The points scored must be rounded off to the nearest two decimal places.

(8) Subject to sub regulation (9) and regulation 11, the contract must be awarded to the tenderer scoring the highest points.

(9) (a) If the price offered by the tenderer scoring the highest points is not market-related, the organ of state may not award the contract to that tenderer.

(b) The organs of state may-

(i)negotiate a market-related price with the tenderer scoring the highest points or cancel the tender;

(ii) if the tenderer does not agree to a market-related price, negotiate a market-related price with the tenderer scoring the second highest points or cancel the tender; (iii)if the tenderer scoring the second highest points does not agree to a market-related price, negotiate a market-related price with the tenderer scoring the third highest points or cancel the tender.

(c) If a market-related price is not agreed as envisaged in paragraph (b)(iii),the organ of state must cancel the tender.

Local Production and Content

8. (1) The Department of Trade and Industry may, in consultation with the National Treasury-

a) designate a sector, sub-sector or industry or product in accordance with national development and industrial policies for local production and content, where only locally produced services or goods or locally manufactured goods meet the stipulated minimum threshold for local production and content, taking into account economic and other relevant factors; and

b) stipulate a minimum threshold for local production and content.

(2) An organ of state must, in the case of a designated sector ,advertise the invitation to tender with a specific condition that only locally produced goods or locally manufactured goods, meeting the stipulated minimum threshold for local production and content ,will be considered.

(3) The National Treasury must inform organs of state of any designation made in terms of regulation 8(1) through a circular. (4) (a) If there is no designated sector, an organ of state may include, as a specific condition of the tender, that only locally produced services or goods or locally manufactured goods with a stipulated minimum threshold for local production and content, will be considered.

(b) The threshold referred to in paragraph (a) must be in accordance with the standards determined by the Department of Trade and Industry in consultation with the National Treasury.

(5) A tender that fails to meet the minimum stipulated threshold for local production and content is an unacceptable tender.


Subcontracting as condition of tender

9.(1) If feasible to subcontract for a contract above R30 million, an organ of state must apply subcontracting to advance designated groups.

(2) If an organ of state applies subcontracting as contemplated in sub regulation (1),the organ of state must advertise the tender with a specific tendering condition that the successful tenderer must subcontract a minimum of 30% of the value of the contract to-

a) an EME or QSE;b) an EME or QSE which is at least 51% owned by black people;c) an EME or QSE which is at least 51% owned by black people who are youth;d) an EME or QSE which is at least 51% owned by black people who are women;e) an EME or QSE which is at least 51% owned by black people with disabilities;f) an EME or QSE which is at least 51% owned by black people living in rural or

underdeveloped areas or townships;g) a cooperative which is at least 51% owned by black people;h) an EME or QSE which is at least 51% owned by black people who are military

veterans; ori) more than one of the categories referred to in paragraphs (a) to (h)

(3) The organ of state must make available the list of all suppliers registered on a database approved by the National Treasury to provide the required goods or services in respect of the applicable designated groups mentioned in sub regulation(2) from which the tenderer must select a supplier.

Criteria for breaking deadlock in scoring 10. (1) If two or more tenderers score an equal total number of points, the contract must be awarded to the tenderer that scored the highest points for B-BBEE.

(2) If functionality is part of the evaluation process and two or more tenderers score equal total points and equal preference points for B-BBEE, the contract must be awarded to the tenderer that scored the highest points for functionality.

(3) If two or more tenderers score equal total points in all respects, the award must be decided by the drawing of lots.

Award of contracts to tenderers not scoring highest points

11. (1) A contract may be awarded to a tenderer that did not score the highest points only in accordance with section 2(1)(f) of the Act.

(2) If an organ of state intends to apply objective criteria in terms of section 2(1)(f) of the Act, the organ of state must stipulate the objective criteria in the tender documents.

Subcontracting after award of tender

12(1) A person awarded a contract may only enter into a subcontracting arrangement with the approval of the organ of state.

(2) A person awarded a contract in relation to a designated sector, may not subcontract 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.


(3) A person awarded a contract may not subcontract 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 of contributor than the person concerned, unless the contract is subcontracted to an EME that has the capability and ability to execute the subcontract.

Cancellation of tender

13 (1) An organ of state may, before the award of a tender, cancel a tender invitation if-

a) due to changed circumstances, there is no longer a need for the goods or services specified in the invitation;

b) funds are no longer available to cover the total envisaged expenditure;c) no acceptable tender is received; ord) there is a material irregularity in the tender process.

(2)The decision to cancel a tender invitation on terms of sub regulation (1) must be published in the same manner in which the original tender invitation was advertised.

(3) An organ of state may only with the prior approval of the relevant treasury cancel a tender invitation for the second time.

Remedies

14 (1) Upon detecting that a tenderer submitted false information regarding its B-BBEE status level of contributor, local production and content, or any other matter required in terms of these Regulations which will affect or has affected the evaluation of a tender, or where a tenderer has failed to declare any subcontracting arrangements, the organ of state must-

a) inform the tenderer accordingly;b) give the tenderer an opportunity to make representations within 14 days as to

why-

(i) the tender submitted should not be disqualified or, if the tender has already been awarded to the tenderer, the contract should not be terminated in whole or in part;

(ii) if the successful tenderer subcontracted a portion of the tender to another person without disclosing it, the tenderer should not be penalised up to 10 percent of the value of the contract; and

(iii)the tenderer should not be restricted by the National Treasury from conducting any business for a period not exceeding 10 years with any organ of state; and

c) if it concludes, after considering the representations referred to in sub regulation (1)(b),that-

(i) such false information was submitted by the tenderer-

aa) disqualify the tenderer or terminate the contract in whole or in part; and

bb) if applicable, claim damages from the tenderer; or


(ii) the successful tenderer subcontracted a portion of the tender to another person without disclosing, penalise the tenderer up to 10 percent of the value of the contract.

(2) (a) An organ of state must-

(i) inform the National Treasury, in writing, of any actions taken in terms of sub regulation(1);

(ii) provide written submissions as to whether the tenderer should be restricted from conducting business with any organ of state; and

(iii) submit written representations from the tenderer as to why that tenderer should not be restricted from conducting business with any organ of state.

(b) The National Treasury may request an organ of state to submit further information pertaining to sub regulation (1) within a specified period.

(3) The National Treasury must-

(a) after considering the representations of the tenderer and any other relevant information, decide whether to restrict the tenderer from doing business with any organ of state for a period not exceeding 10 years; and

(b) maintain and publish on its official website a list of restricted suppliers.

Circulars and guidelines

15. The National Treasury may issue-

(a) a circular to inform organs of state of any matter pertaining to these Regulations; or(b) a guideline to assist organs of state with the implementation of any provision of

these Regulations.

Repeal of Regulation

16.(1) Subject to this Regulation, the Preferential Procurement Regulations,2011,published in Government Notice No R.502 of 8 June 2011(herein called “the 2011 Regulations),are hereby repealed with effect from the date referred to in regulation 17.

(2) Any sector designated and minimum threshold determined for local production and content for purposes of regulation 9 of the 2011 Regulations and in force immediately before the repeal of the 2011 Regulations, are regarded as having been done under regulation 8(1) of these Regulations.

(3) Any tender advertised before the date referred to in sub regulation 17 must be dealt with in terms of the 2011 Regulations


Short title and commencement

These Regulations are called the Preferential Procurement Regulations, 2017 and take effect on 1 April 2017.


T1.4 Standard Conditions of Tender


SCM009 MHLATHUZE WATER STANDARD CONDITIONS OF TENDER

The conditions of tender are the Mhlathuze Water Standard Conditions of Tender (document number: SCM009, are identical to Annex F of the CIDB, Board Notice 12 of 2009, Standard Uniformity in Construction Procurement, January 2009.

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 DocumentsThe 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 organization 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 organization which employs that employee.

(b) comparative offer means the tenderer’s financial offer after all tendered parameters that will affect the value of the financial offer have been taken into consideration in order to enable comparisons to be made between offers on a comparative basis

(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; and CIDB Standard Conditions of Tender 30 January 2009

(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) quality (functionality) means the totality of features and characteristics of a product or service that baron its ability to satisfy stated or implied needs

F.1.4 Communication and employer’s agentEach 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 The employer’s right to accept or reject any tender offer

F.1.5.1 The employer may accept or reject any variation, deviation, tender offer, or alternative tender offer, and may cancel the tender process and reject all tender offers at any time before the formation of a contract. The


employer shall not accept or incur any liability to a tenderer for such cancellation and rejection, but will give written reasons for such action upon written request to do so.

F.1.5.2 The employer may not subsequent to the cancellation or abandonment of a tender process or the rejection of all responsive tender offers re-issue a tender covering substantially the same scope of work within a period of six months unless only one tender was received and such tender was returned unopened to the tenderer.

F.1.6 Procurement procedures

F.1.6.1 GeneralUnless 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 afresh 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 CIDB 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 the 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

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.

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 total of 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. Erasures and the use of masking fluid are prohibited.

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.2.13 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, policies, etc.

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

(b) 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, preferences claimed 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 the quality of the technical proposals offered by tenderers, then advise 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 quality evaluation more than the minimum number of points for quality stated in the tender data, and announce the score obtained for the technical proposals and the total price and any preferences claimed. Return unopened financial proposals to tenderers whose technical proposals failed to achieve the minimum number of points for quality.

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 responsive tenders for discrepancies between amounts in words and amounts in figures. Where there is a discrepancy between the amounts in figures and the amount in words, the amount in words shall govern.

F.3.9.2 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.

F.3.9.3 Notify the tenderer of all errors or omissions that are identified in the tender offer and either confirm the tender offer as tendered or accept the corrected total of prices.

F.3.9.4 Where the tenderer elects to confirm the tender offer as tendered, correct the errors as follows:

(a) 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.

(b) 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.

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: Financial offer

In the case of a financial offer:

(a) Rank tender offers from the most favourable to the least favourable comparative offer.

(b) Recommend the highest ranked tenderer for the award of the contract, unless there are compelling and justifiable reasons not to do so.

(c) Re-rank all tenderers should there be compelling and justifiable reasons not to recommend the highest ranked tenderer and recommend the highest ranked tenderer, unless there are compelling and justifiable reasons not to do so and the process set out in this sub clause is repeated.

F.3.11.3 Methods 2: Financial offer and preference

In the case of a financial offer and preferences:

(a) Score each tender in respect of the financial offer made and preferences claimed, if any, in accordance with the provisions of F.3.11.7 and F.3.11.8.

(b) Calculate the total number of tender evaluation points (TEV) in accordance with the following formula:

TEV = NFO + NP

where: NFO is the number of tender evaluation points awarded for the financial offer made in accordance with F.3.11.7;

NP is the number of tender evaluation points awarded for preferences claimed in accordance with F.3.11.8.

(c) Rank tender offers from the highest number of tender evaluation points to the lowest.

(d) Recommend the tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so.

(e) Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to recommend the tenderer with the highest number of tender evaluation points, and recommend the tenderer with the highest number of tender evaluation points, unless there are compelling and justifiable reasons not to do so and the process set out in this sub clause is repeated

F.3.11.4 Method 3: Financial offer and quality


In the case of a financial offer and quality:

(a) Score each tender in respect of the financial offer made and the quality offered in accordance with the provisions of F.3.11.7 and F.3.11.9, rejecting all tender offers that fail to score the minimum number of points for quality stated in the tender data, if any.

(b) Calculate the total number of tender evaluation points (TEV) in accordance with the following formula:

TEV = NFO + NQ

where: NFO is the number of tender evaluation points awarded for the financial offer made in accordance with F.3.11.7;

NQ is the number of tender evaluation points awarded for quality offered in accordance withF.3.11.9.

(c) Rank tender offers from the highest number of tender evaluation points to the lowest.

(c) Recommend tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so.

(d) Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to recommend the tenderer with the highest number of tender evaluation points and recommend the tenderer with the highest number of tender evaluation points, unless there are compelling and justifiable reasons not to do so and the process set out in this sub clause is repeated.

F.3.11.5 Method 4: Quality, Financial Offer and Preference

(a) Score quality, rejecting all tender offers that fail to score the minimum number of points for quality stated in the Tender data.

(b) Score tender evaluation points for financial offer.

(c) Confirm that tenderers are eligible for the preferences claimed, and if so, score tender evaluation points for preferencing.

(d) Calculate total tender evaluation points.

(e) Rank tender offers from the highest number of tender evaluation points to the lowest

(f) Recommend tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so.


F.3.11.6 Decimal places

Score financial offers, preferences and quality, as relevant, to two decimal places.

F.3.11.7 Scoring Financial Offers

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

NFO = W1 x A

where: NFO is the number of tender evaluation points awarded for the financial offer.W1 is the maximum possible number of tender evaluation points awarded for the financial offer as stated 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 13 Option 23

1 Highest price or discount

2Lowest price or percentage commission/fee

3 is the comparative offer of the most favourable comparative offer.

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 quality


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 unacceptable commercial 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, 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,(b) inclusion of some of the returnable documents, and(c) 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

Provide to the successful tenderer the number of copies stated in the Tender Data of the signed 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.


- END OF SECTION -


PART T2

RETURNABLE DOCUMENTS

T2.1 List of Returnable Documents


RETURNABLE DOCUMENTS

Tenderers are required to submit the following with their tenders:

No. DescriptionSubmitte

d(Yes/No)

A Method Statement Preliminary Programme and Staff Structure

B Contractor’s Certificate of Registration With CIDB grading 8CE or Higher valid 14 days after tender closing date

C Workmen’s Compensation Letter of Good Standing (consolidated if it’s a joint venture)

D Certified valid copy of B-BBEE Certificate (consolidated if it’s a joint venture)

E Details of Consortium or Joint Venture and Certified Copies of ID Documents or Shareholders/Members and Partners

F Valid Original Tax Clearance Certificate or SARS PinG Proof of Company Registration

H Letter from Tenderer’s Bank Confirming Bank Rating

I Contactable Reference Letters from Previous EmployersJ Performance Guarantee - Letter of Confirmation K Insurance - Letter of ConfirmationL Health and Safety Plan

M Curricula Vitae with Certified copies of Qualifications of Key Personnel

N Public Liability Certificate - Letter Of ConfirmationO Certificate of Unemployment Insurance Fund (UIF)P Environmental Method StatementQ Quality Management Plan


DOCUMENT A: PRELIMINARY PROGRAMME, METHOD STATEMENT AND STAFF STRUCTURE

The Tenderer shall provide a methodology for the works to be undertaken taking into account the dynamics of prioritized service delivery, community social and economic drivers and the provision of a safe and reliable potable water supply in no more than 10 typed pages. The Tenderer is required to attach a preliminary programme reflecting the proposed sequence and tempo of execution of the various activities comprising the Works for this Contract. The programme shall be in accordance with the information supplied in the Contract, requirements of the Project Specifications and with all other aspects of his Tender. The programme shall provide sufficient information on the Contractor’s intentions regarding his 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 as well as the critical path of the works. The programme shall be submitted in MS Project.

The tenderer’s methodology will be rated for completeness and adequacy based on the relevance of details provided in the paper with regard to listing and sequencing of key construction activities, and taking into account the processes necessary for a project of this nature.

The Tenderer shall provide an organogram indicating the structure of the proposed project team to manage this project. The Curriculum Vitae of the senior personnel shall be included as per the requirements set out in the Returnables.[Notes: (1) The programme must be based on the completion time as specified in the Contract Data. No other completion time that may be indicated on this programme will be regarded as an alternative offer, unless it is listed in Form I hereafter and supported by a detailed statement to that effect, all as specified in the Tender Data]

SIGNATURE: ______________________________ DATE: _______________________(of person authorized to sign on behalf of the Tenderer)


DOCUMENT B: CONTRACTOR'S CERTIFICATE OF REGISTRATION WITH CIDB-8CE, OR HIGHER

Attached hereto is my / our valid Contractor's Certificate of Registration with CIDB. My failure to submit the certificate with my / our tender document will lead to the conclusion that I am / we are not registered with the CIDB and therefore not eligible to tender.

Note 1: For the main contractor, only certificates for the specified minimum category 8CE, or Higher are acceptable. Applications, or acknowledgement of applications by CIDB, will only be acceptable if it is certain that the application will be successful and a certificate will be issued before the commencement of adjudication of the Tender.


DOCUMENT C: WORKMEN'S COMPENSATION LETTER OF GOOD STANDING

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


DOCUMENT D: B-BBEE STATUS VERIFICATION CERTIFICATE

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


DOCUMENT E: DETAILS OF CONSORTIUM OR JOINT VENTURE AND CERTIFIED COPIES OF ID DOCUMENTS OF SHAREHOLDERS/MEMBERS AND PARTNERS.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 F: VALID ORIGINAL TAX CLEARANCE CERTIFICATE

It is a requirement that the tenderer submits a valid Tax Clearance Certificate with his tender.

[Valid Original Tax Clearance Certificate to be inserted here]


DOCUMENT G: 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.

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


DOCUMENT H: 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 I: CONTACTABLE REFERENCE LETTERS FROM PREVIOUS EMPLOYERS

It is a requirement that the tenderer submits reference letters from previous employers on previous contracts with his tender.

[References to be inserted here]


DOCUMENT J: 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 K: 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 insurance 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 L: HEALTH AND SAFETY PLAN

[Copy of Health and Safety Plan to be inserted here]


DOCUMENT M: CURRICULA VITAE: CONTRACTS MANAGER, SITE AGENT, CONCRETE FOREMAN, CONSTRUCTION MENTOR AND SAFETY OFFICER (Including certified copies of Diploma / Degree)

[Copy of CV’s to be inserted here]

DOCUMENT N: 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 O: CONFIRMATION OF UIF REGISTRATION


[Certificate to be inserted here]

DOCUMENT P: ENVIRONMENTAL METHOD STATEMENT


[Contractor’s Environmental Policy and Proposed Environmental Management Method Statement, incorporating key environmental risk areas from the Contractor’s operations to be inserted here]

DOCUMENT Q: QUALITY MANAGEMENT PLAN


[Contractor’s Quality Management Policy Statement and proposed Quality Management Plan for this Contract, incorporating key dealing with key quality risk areas associated with the Works to be inserted here]


PART T2 RETURNABLE SCHEDULES

T2.2 Returnable Schedules

RETURNABLE SCHEDULES


Schedule

No.Description

Completed

Yes/No1 Compulsory Enterprise Questionnaire

2 Declaration of Interest

3 Authority of Signatory

4 Preference Points Claim Form

5 Declaration of bidder’s past supply chain management practices

6 Schedule of Work Experience

7 Compulsory clarification/site briefing certificate

8 List of Constructional Plant Rates & Dayworks Allowances

9 Tenderer Bank Details

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

11 Alterations/Amendments by Tenderer (IF ANY)

12 Contract Participating Goal – Construction/ CPG Subcontractor Agreement

13 Waiver of Lien

14 Certificate of Independent Bid Determination

15 References Assertion Schedule

16 Declaration Certificate for Local Production and Content for Designated Sectors


SCHEDULE 1: COMPULSORY ENTERPRISE QUESTIONNAIREThe 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 corporations

Company registration number:________________________________________Close corporation number: ________________________________________Tax reference number: ________________________________________

Section 5: Records in the service of the State

Indicate 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 legislature

a member of an accounting authority of any national or provincial public entity


An 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, principal shareholder or stakeholder

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 6: Record of spouses, children, relatives, parents in the service of state

Indicate 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 legislature

a member of an accounting authority of any national or provincial public entity

An 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 IDENTITY

NUMBER

CITIZENSHIP

PDI STATUS

(YES/NO)

DATE OF

OWNERSHIP

%

OWNED

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 2: DECLARATION OF INTEREST1. 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 positioning 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 / NO

presently 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:

………………………………………………………………

………………………………………………………………

………………………………………………………………

2.7.2 If you are presently employed by the state, did you obtain YES / NOthe appropriate authority to undertake remunerative work outside employment in the public sector?

2.7.2.1 If yes, did you attach proof of such authority to the bidYES / NO

document?

(Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid.

2.7.2.2 If 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 the state 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?


2.11.1If so, furnish particulars:

…………………………………………………………………………….

…………………………………………………………………………….

…………………………………………………………………………….

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

Full Name Identity Number

Personal Income Tax Reference Number

Employee 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, INCLUDING MHLATHUZE WATER, MAY REJECT THE BID

OR ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

………………………………….. ..……………………………………………

Signature Date

…………………………………. ………………………………………………

Position Name of bidder


SCHEDULE 3: 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 4: PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011 (AS REPEALED IN 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, 2011, AS REPEALED IN 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 be more than R50 000 000 (all applicable taxes included) and therefore the 90/10 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

1.3.1.1PRICE 90

1.3.1.2B-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, 2003 (Act No. 53 of 2003);

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

or

Where

Ps = Points scored for comparative price of bid under consideration

Pt = Comparative price of bid under consideration

Pmin = 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 10 202 9 183 8 164 5 125 4 86 3 67 2 48 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 AND 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)

8.1.1If 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/FIRM9.1 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 5: 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

4.2.1



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

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

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 6: 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


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.

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


SCHEDULE 7: 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 8: LIST OF CONSTRUCTIONAL PLANT & DAYWORKS ALLOWANCES(a) Day work Schedule- Staff and Construction Employees

This 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 RATE

IN RANDS

PER HOUR

NORMAL TIME

%

MARK-UP

ALL INCLUSIVE RATE IN RANDS

PER HOUR

NORMAL TIME


PER HOUR

OVERTIME

WEEK DAYS


PER HOUR

OVERTIME

SATURDAYS

ALL INCLUSIVE RATE IN RANDS PER HOUR

OVERTIME SUNDAYS & PUBLIC HOLIDAYS

HEAD OFFICE STAFF

Contracts Manager

Contracts Director

Procurement Specialist/ Expediter

Planner/Scheduler

CATEGORY BASE RATE % ALL INCLUSIVE ALL INCLUSIVE ALL INCLUSIVE ALL INCLUSIVE RATE


IN RANDS

PER HOUR

NORMAL TIMEMARK-UP

RATE IN RANDS PER HOUR

NORMAL TIME


OVERTIME

WEEK DAYS


OVERTIME

SATURDAYS

IN RANDS PER HOUR


Other HO Staff to be specified below:

SITE STAFF

Site Manager/Agent

Senior Foreman

General Foreman

Supervisor

Quality Controller

Safety Officer

CATEGORY BASE RATE % ALL INCLUSIVE RATE IN RANDS



ALL INCLUSIVE RATE


IN RANDS

PER HOUR

NORMAL TIME

MARK-UPPER HOUR

NORMAL TIME

PER HOUR

OVERTIME

WEEK DAYS

PER HOUR

OVERTIME

SATURDAYS

IN RANDS PER HOUR


Environmental Controller

CONSTRUCTION EMPLOYEES

Mobile Equipment Operators

Crane Operators

Forklift Operators


CATEGORY

BASE RATE

IN RANDS

PER HOUR

NORMAL TIME

%

MARK-UP


PER HOUR

NORMAL TIME


PER HOUR

OVERTIME

WEEK DAYS


PER HOUR

OVERTIME

SATURDAYS

ALL INCLUSIVE RATE IN RANDS PER HOUR


Other Categories of Construction Employees and Site Staff to be specified below:

Electrician

Pump Specialist

Plumber


(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. Operators’ wages are not included and are covered in Form (a). Day work Schedule- Staff and Construction Employees

Standing 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 EMPLOYED

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


NO. TO BE EMPLOYED

NO. IMMEDIATELY

AVAILABLE

NO. TO BE ACQUIRED

RATE IN RANDS

PER HOUR

RATE IN RANDS

PER DAY



OWNED HIRED


TYPE AND MAKE


NO. TO BE EMPLOYED

NO. IMMEDIATELY

AVAILABLE

NO. TO BE ACQUIRED

RATE IN RANDS

PER HOUR

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 Contractors 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 9: TENDERER BANK DETAILS

The Tenderer shall append hereto his/her banking details accompanied by a BANK CANCELLED CHEQUE or a SIGNED LETTER FROM THE BANK ON THE BANK’S LETTERHEAD

CONTRACT MW/13/2017 Page 96

SCHEDULE 10: 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 11: 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 12: CONTRACT PARTICIPATION GOAL - CONSTRUCTION1. ObjectiveObjectiveThe 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.

ApplicabilityThe 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 Turnove

r

Black Owners

hip

Tax Clearanc

e Certifica

te

Minimum Full Time

Employees

CIDB Gradi

ngCPG

Target

Established or Developed or Large

Enterprise>R50 m N/A Required >3

6 to 965% Max.

Targeted Enterpris

e

Qualifying Small Enterprise

>R10 m and < R50 m

> 50% or > 30% BWO

Required >3

1 to 5 35% Min.Emerging

Micro Enterprise

< 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 / Hours

Management 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. ReportingFor 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 CriteriaFor 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 Enterprise1. Developed enterprise must not have equity holding exceeding 20%, either

directly or through a flow-through principle2. CIDB registration <6 (GB, CE, ME and EB)3. SARS registration and tax clearance4. CIPC registration5. Minimum 3 permanent employees6. 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:

o Confirmation that targeted partner has been paid for services renderedo 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:___________________________________


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

applicable)

Category 1

COMPLETE AS APPLICABLE TO TENDERERS PROPOSAL AND ATTACH RELEVANT DOCUMENTS HERETO

Value of Participatio

n( R )

Targeted Enterprise /

Targeted Partner

Declaration Affidavit

Letters of Undertaking

Contract with Targeted

Enterprise / Targeted Partner

Signed and Date

d

Status ³

Signed

and Date

d

Status ³

Signed and

Dated

Status ³

NOTES:

1. Insert one of the following: PC = prime contractorSC = subcontractor

3. Insert one of the following: SP = ContractorNS = not submittedJV = joint venture partnerNR = not requiredM = Manufacturer

S = Supplier


CONTRACT SCHEDULE FOR TARGETED ENTERPRISES

Name of Targeted

Enterprise

Category 1

TargetedEnterprise

B-BBEE Status

Scope of contract 2Value of contract(excluding value

added tax)

1. Insert one of the following: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 IDENTIFIED

TO ACHIEVE 35% CPG REQUIREMENTS

VALUE OF WORK AND HOURS

ManagementR

Contracts ManagerR

Site AgentR

ForemanR

LabourOther: 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)

%


We 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)

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)


SCHEDULE 13 : WAIVER OF LIEN(Note: To be filled in at the time of tendering)

EMPLOYER : MHLATHUZE WATER

CONTRACTOR :

CONTRACT NO. : MW/13/2017

DESCRIPTION OF CONTRACT: ALTERATIONS AND ADDITIONS TO THE EXISTING MHLATHUZE WEIR STRUCTURE

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, ALTERATIONS AND ADDITIONS TO THE EXISTING MHLATHUZE WEIR STRUCTURE 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 execute, 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: ......................................................................................

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


SCHEDULE 14: INDEPENDENT BID DETERMINATIONCERTIFICATE OF INDEPENDENT BID DETERMINATION

1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.

2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, 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 bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds.

3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to:

a. disregard the bid of any bidder if that bidder, or any of its directors have abused the institution’s supply chain management system and or committed fraud or any other improper conduct in relation to such system.

b. cancel a contract awarded to a supplier of goods and services if the supplier committed any corrupt or fraudulent act during the bidding process or the execution of that contract.

4 This SBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging.

5 In order to give effect to the above, the attached Certificate of Bid Determination must be completed and submitted with the bid:

¹ Includes price quotations, advertised competitive bids, limited bids and proposals.

² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.


CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:________________________________________________________________________

(Bid Number and Description) in response to the invitation for the bid made by:________________________________________________________________________

(Name of Institution)

do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of: _______________________________________________________that:(Name of Bidder)

1. I have read and I understand the contents of this Certificate;2. I understand that the accompanying bid will be disqualified if this Certificate is

found not to be true and complete in every respect;3. I am authorized by the bidder to sign this Certificate, and to submit the

accompanying bid, on behalf of the bidder;4. Each person whose signature appears on the accompanying bid has been

authorized by the bidder to determine the terms of, and to sign the bid, on behalf of the bidder;

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

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

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

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


6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium³ will not be construed as collusive bidding.

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

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

(market allocation) (c) methods, factors or formulas used to calculate prices;(d) the intention or decision to submit or not to submit, a bid; (e) the submission of a bid which does not meet the specifications

and conditions of the bid; or(f) bidding with the intention not to win the bid.

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 bid invitation relates.

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

³ Joint venture or Consortium 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.


10.I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition 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 (NPA) 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 of 2004 or any other applicable legislation.

………………………………………………… …………………………………Signature Date

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


SCHEDULE 15 : SCHEDULE OF TENDERER'S REFERENCE CHECKS FOR PURPOSES OF TENDER EVALUATION

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

REFEREE to complete E and F, sign and stamp

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 : ALTERATIONS AND ADDITIONS TO THE EXISTING MHLATHUZE WEIR STRUCTUREEstimated Performance Period 45 (forty five) weeks p

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

Description : _______________________________________________________________________________

_______________________________________________________________________________

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

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

UNACCEPT-

ABLEACCEPTABLE

Tenderer completed the work successfully and timeously

Signature : ____________________________ DATE : _____________________________


F :DETAILS OF SIGNATORY ABOVE

Full Names : _________________________________________________________________________________

Capacity : _________________________________________________________________________________

Landline : _______________________________________ Cell phone : _______________________________

Email : __________________________________________________________________________________

COMPANY STAMP: REFEREE


SCHEDULE 16: DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR DESIGNATED SECTORS

This Standard Bidding Document (SBD 6.2) 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, 2011 (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 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 –

(a) this Declaration Certificate and the Annex C (Local Content Declaration: Summary Schedule) are not submitted as part of the bid documentation; and

(b) the bidder fails to declare that the Local Content Declaration Templates (Annex C, D and E) have been audited and certified as correct.

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

Low Voltage Power Cables 90%

Storage Tanks 70%

Steel Structures 100%

Valves (Gate, Scour and Air valves) 70%

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. Were the Local Content Declaration Templates (Annex C, D and E) audited and certified as correct?(Tick applicable box)

YES NO

5.1. If yes, provide the following particulars:

(a) Full name of auditor: ………………………………………………………(b) Practice number: ………………………………………………………………………..(c) Telephone and cell number:

……………………………………………………………….(d) Email address: ………………………………………………………………………..

(Documentary proof regarding the declaration will, when required, be submitted to the satisfaction of the Accounting Officer / Accounting Authority)


http://www.reservebank.co.za/

6. 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

(ii) the declaration templates have been audited and certified to be correct.


http://www.thdti.gov.za/industrial%20development/ip.jsp

(c) The local content percentage (%) 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: _________


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)


PART C1

AGREEMENTS AND CONTRACT DATA

C1.1 Form of Offer and Acceptance


FORM OF OFFER AND ACCEPTANCE

OFFER

The Employer, identified in the Acceptance signature block, has solicited offers to enter into contract in respect of the following:

CONTRACT NO: MW/13/2017ALTERATIONS AND ADDITIONS TO THE EXISTING

MHLATHUZE WEIR STRUCTURE

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: ____________________________________ __________________(Name & signature) (Date)


ACCEPTANCE

By 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

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 (2) weeks after receiving a completed copy of this Agreement, including the Schedule of Deviations (if any), contact the Employer’s representative (whose details are given in the Tender 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 at or just after the date of this Agreement comes into effect. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this Agreement.

Signature(s): 1. _______________________ 2. _______________________

Name(s): 1. _______________________ 2. _______________________

Capacity: _________________________ _________________________

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

_____________________________________________________________

Witness: ______________________________________________________(Name & signature) (Date)


SCHEDULE OF DEVIATIONS

Notes:

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)

_____________________________________________________________



FOR THE EMPLOYER

Signature(s): 1. _______________________ 2. _______________________

Name(s): 1. _______________________ 2. _______________________

Capacity: _________________________ _________________________

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

_____________________________________________________________


- END OF SECTION -

PART C1AGREEMENTS AND CONTRACT DATA


C1.2 Contract Data


CONTRACT DATA

GENERAL CONDITIONS OF CONTRACT

This Contract will be based on the “General Conditions of Contract for Construction Works – 3rd Edition 2015", issued by the South African Institution of Civil Engineering. (Short title:“General Conditions of Contract 2015").

It is agreed that the only variations from the General Conditions of Contract 2015 are those set out hereafter under "Special Conditions of Contract".

The General Conditions of Contract are bound into this document, or are available at the Contractor’s expense from the Secretary of the South African Institution of Civil Engineering, Private Bag X200, Halfway House, Midrand, 1685.

SPECIAL CONDITIONS OF CONTRACT

1. GENERAL

These Special Conditions of Contract (SCC) form an integral part of the Contract. The Special Conditions of Contract shall amplify, modify or supersede, as the case may be, the General Conditions of Contract 2015 to the extent specified below, and shall take precedence and shall govern.

The clauses of the Special Conditions hereafter are numbered "SCC" followed in each case by the number of the applicable clause or subclause in the General Conditions of Contract 2015, and the applicable heading, or (where a new special condition that has no relation to the existing clauses is introduced) by a number that follows after the last clause number in the General Conditions, and an appropriate heading.

2. AMENDMENTS TO THE GENERAL CONDITIONS OF CONTRACT

SCC 1.1 Definitions

The definitions contained in Clause 1.1 are hereby amended and/or supplemented as follows:

SCC 1.1.1.2 “Bill of Quantities”

Add the following:Also refered to as Bills of Quantities.

SCC 1.1.1.5 “Commencement Date “

Add the following: “or such other date as specified or stated in a written notice to the

Contractor.”

SCC 4.5.4 Contractor to be compensated

For this contract the fees, taxes, levies and other charges to be paid by the Contractor in terms of subclause 4.5.1.1 will not be refunded by the


Employer. The cost thereof shall be deemed to be included in the prices tendered for relevant items in the Bill of Quantities.

SCC 5.4.2 Access to and possession of the Site shall not be exclusive to the Contractor insofar as the provisions of Clause 4.8 apply, and where ongoing use by the general public is required.

SCC 5.4.4 The Contractor shall bear all costs and charges for special and temporary rights of way required by it in connection with access to the Site.

SCC 5.12.2 Some reasons for extension of time

Add the following to subclause 5.12.2.2 abnormal climatic conditions:

"Normal rainfall is not regarded as 'abnormal climatic conditions' which entitles the Contractor to extension of time. Allowance for normal rainfall shall be deemed to have been made in his tendered rates, prices and programme. Extension of time for abnormal rainfall will be considered as set out in the Project Specification.

Replace subclause 5.12.2.4 with the following:"Any disruption of labour on a regional or national level due to political unrest, organised mass action or related incidents which is considered to be beyond the Contractor's control.

Any strike within the confines of the Contractor's company, which may affect this project, will be deemed to be within the Contractor's control.”

SCC 5.12.2.5“Any additional statutory holidays proclaimed after the closing date of Tenders over and above the statutory holidays which existed at the time of tendering.”

SCC 5.12.3 Relevant Adjustments to General Items

Add the following:“In the case of an additional public holiday declared by the State President, a claim for the cost of temporary or hourly-paid workers who would have been actively engaged in the construction work had the day not been declared a public holiday, will be considered by the Employer. Except for proven extra cost, claims for standing time of plant and equipment will not be considered as the cost thereof is deemed to be included in the Contractor’s provisional and general items.”

SCC 6.5 Dayworks

"Gross remuneration" referred to in subclause 6.5.1.2.1 shall be the nominal hourly or monthly remuneration actually paid to workmen and foremen before any additions for the Contractor's contribution to pension, medical aid, housing, tools, unemployment insurance, site allowance etc., and also before any deductions for tax, pension, medical aid, unemployment insurance, etc.


"Net cost of materials" referred to in subclause 6.5.1.2.2 shall be the net invoiced cost of materials after the deductions of all discounts, direct or indirect.

SCC 6.8.2 Application of Contract Price Adjustment Factor

Contract Price Adjustment will apply as follows:

a) Base month is the month prior to the month in which tenders close.

b) Factors are as follows:

a (labour) – 0.25

b (plant) – 0.15

c (materials) – 0.55

d (fuel) – 0.05

SCC 6.9.3 Identification of plant and material

Add the following :

“Materials or equipment allowed by the Engineer to be temporarily stored off-site, on the premises of a manufacturer or supplier, must be stored in separate containers or compartments and must be properly and conspicuously marked and identified to the effect that the Employer is the sole owner of the materials or equipment”.

SCC 6.11.1 Variations exceeding 15%

Delete 15% and replace with 25%

SCC 7.4.4 Cost of test specimens and tests

Replace the comma after the word "them" in the last line of subclause 7.4.4.1 with a fullstop, and replace the word "and" with the following:

“The cost of all tests and testing required as part of the Contractor's own quality control programme, whether particularised or not, shall be deemed to have been allowed for in his tender; and"

SCC 10 Claims and disputes

Add the following additional subclause:

SCC 10.1.1.4 “Discussions of claims during site meetings and minutes of such discussions shall not be regarded as a claim or notice by the Contractor of


his intention to make a claim unless it is supported by a written submission in terms of Clause 10.1.1.1”

SCC 11 New Clauses

SCC 11.1 “As-built” Information

As the work progresses the Contractor shall keep full records of all positions (xyz co-ordinates) of pipelines, standpipes, existing pipelines, sizes and classes, valve positions and associated infrastructure elements. Handheld GPS co-ordinates of the above-mentioned, drafted on a layout drawing will NOT be accepted. An accuracy of 100mm either side of the pipelines is required. Any amendments to and deviations from the drawings issued to the Contractor at the start of the Contract must be kept up to date. The true positions, invert levels, ground levels and degrees of longitude and latitude of all previously constructed and new services shall be indicated on the drawings, for which purpose the Contractor shall be issued a separate set of drawings at no cost, from the Engineer. Further, detailed as-built drawings along the pipeline routes, including air valves, scour valves and isolating valves, and of each of the reservoirs (new and existing), break pressure tanks constructed is to be provided, inclusive of inlet and outlet configurations.

The Contractor is required to submit this information on a monthly basis together with his monthly progress payment certificate. Time related P&G items will only be certified on submission of such information. The completion certificate shall only be issued after the Engineer has received a properly completed set of “As-Built” drawings from the Contractor, both in hard copy format and in electronic format (dwg) and ascii) prepared by an engineering surveyor. No separate payment shall be made for this service, as all costs related thereto shall be deemed to be included in the Contract Price. The final set of “As-Built” drawings shall be submitted no later than 14 days after the certificate of practical completion for the Works has been issued. A certificate of Completion will be not be issued until this information has been duly submitted to the Engineer.

SCC 11.2 Details to be confidential

The Contractor shall treat the details of the Works comprised in this Contracr as private and confidential (save in so far as may be necessary for the purposes hereof) and shall not publish or disclose the same or any particulars thereof in any trade or technical paper elsewhere without the prior written consent of the Employer’s Agent.


CONTRACT DATA

Part A: Data Provided by the EmployerClause Contract Data1.1.1.13 The Defects liability period is Twelve (12) months from the

date of the Certificate of Completion

1.1.1.14 The maximum time for achieving Practical Completion of the whole of the Works is forty five (45) Weeks.

1.1.1.15 The Employer is Mhlathuze Water.

1.1.1.16 The Employer’s Agent (also known as the Engineer) is BVi Consulting Engineers KZN (Pty) Ltd

1.1.1.26 The Pricing Strategy is a re-measurement Contract

1.2.1.2 The address of the Employer is:Mhlathuze WaterCnr. Battery Bank and South Central ArterialAlton, Richards Bay3900Tel: (035) 902 1000

The address of the Engineer is:

Physical: Second Floor, Pharos House70 Buckingham Terrace Westville3630

Tel. No. : +27 (0) 31 266 8382Fax No. : +27 (0) 31 267 0728E-Mail : [email protected]

1.3.5 Add the following new Clause:The copyright in all documents, drawings and records (prepared by the Engineer) related in any manner to the Works shall vest in the Employer or the Engineer or both (according to the dictates of the Contract that has been entered into by the Engineer and the Employer for the Works), and the Contractor shall not furnish any information in connection with the Works to any person or organisation without the prior approval of the Employer to this effect.

3.2.3 The Engineer is, in terms of his appointment by the Employer for the design and administration of the Works included in the Contract, required to obtain the specific approval of the


Clause Contract DataEmployer for the execution of the following duties: 3.2.3.1 The issuing of an order to suspend the progress of

the Works, the extra cost resulting from which order is to be borne by the Employer in terms of Clause 5.11 or the effect of which is liable to give rise to a claim by the Contractor for an extension of time under Clause 5.12 of these conditions.

3.2.3.2 The issuing of an instruction or order to vary the nature or quantity of the Works in terms of Clause 6.3, the estimated effect of which will be to increase the Contract Price by an amount exceeding R50 000, the valuation of all variation orders in terms of Clause 6.4 and the adjustment of the sum(s) tendered for General Items in terms of Clause 6.11.

3.2.3.3 The approval of any claim submitted by the Contractor in terms of Clause 10.

4.1.2 Add the following to the clause:The Contractor shall provide the following to the Engineer for retention by the Employer or his assignee in respect of all works designed by the Contractor:4.1.2.1 A Certificate of Stability of the Works signed by a

registered Professional Engineer (Pr Eng) confirming that all such works have been designed in accordance with the appropriate codes of practice.

4.1.2.2 Proof of registration and of adequate and current professional indemnity insurance cover held by the designer(s).

4.1.2.3 Design calculations should the Engineer request a copy thereof.

4.1.2.4 Engineering drawings and workshop details (both signed by the relevant professional engineer), in order to allow the Engineer to compare the design with the specified requirements and to record any comments he may have with respect thereto.

4.1.2.5 “As-Built” drawings in DXF or DWG electronic format after completion of the Works.

The Contractor shall be responsible for the design of the


Clause Contract DataTemporary Works.

4.3.1 Add the following to the clause:The Contractor shall comply with the Occupational Health and Safety Specification prepared by the Employer in terms of the Construction Regulations, 2003 promulgated in terms of Section 43 of the Occupational Health and Safety Act (Act No. 85 of 1993).Without limiting the Contractor’s obligations in terms of the Contract, the Contractor shall before commencement of the Works or any part thereof, be in the possession of an approved Health and Safety Plan. The Contractor shall submit an approved Health and Safety Plan to the Engineer within 14 days of the Commencement Date.

4.3.3 Add the following new clause:Contractor’s liability as mandatory

Notwithstanding any actions which the Employer may take, the Contractor accepts sole liability for due compliance with the relevant duties, obligations, prohibitions, arrangements and procedures imposed by the Occupational Health and Safety Act, 1993 (Act 85 of 1993), and all its regulations, including the Construction Regulations, 2003, for which he is liable as mandatory. By entering into this Contract it shall be deemed that the parties have agreed in writing to the above provisions in terms of Section 37 (2) of the Act.

4.3.4 Add the following new clause:Contractor to notify Employer

The Employer retains an interest in all inquiries conducted under this Contract in terms of Section 31 and/or 32 of the Occupational Health and Safety Act, 1993 (Act 85 of 1993) and its Regulations following any incident involving the Contractor and/or Sub-Contractor and/or their employees. The Contractor shall notify the Employer in writing of all investigations, complaints or criminal charges which may arise pursuant to work performed under this Contract in terms of the Occupational Health and Safety Act, 1993 (Act 85 of 1993) and Regulations.

4.3.5 Add the following new clause:


Clause Contract Data

Contractor’s Designer

The Contractor and his designer shall accept full responsibility and liability to comply with the Occupational Health and Safety Act, 1993 (Act 85 of 1993) and the Construction Regulations, 2003 for the design of the Temporary Works and those part of the Permanent Works which the Contractor is responsible to design in terms of the Contract.

4.3.6 Add the following new clause:The Contract shall be construed to be interpreted in English.

4.4 Where Contractors do not comply with Mhlathuze Water’s strategic transformation goals and are not 51% Black owned and entered into a joint venture or sub-contract with a 100% black owned company in order to qualify for the tender Mhlathuze water will make payment to the sub-contractor directly.

4.4.5 Delete the contents of the clause and insert the following:Any consent granted in accordance with Clause 4.4 or appointment of a sub-contractor in accordance with Clause 4.4.4 shall not imply 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 and he shall be liable for the acts, defaults and neglects of any subcontractor, his agents or employees as fully as if they were the acts, defaults or neglects of the Contractor, his agents or employees.The Engineer’s consent in respect of any particular subcontractor may be withdrawn at any time should reasonable grounds be given therefore in writing to the Contractor by the Engineer, in which event the Contractor shall forthwith terminate the engagement or that subcontractor on the Works.The withdrawal by the Engineer of his consent in respect of any particular sub-contractor that is engaged in the execution of any portion of the works, including any portions of the Works which are sub-let by the Contractor in accordance with Clause 4.4.4 shall not relieve the Contractor of any of his


Clause Contract Dataobligations under the Contract, nor of any of his obligations to sub-let the particular portions of the Works concerned.

4.10.3 Add the following new clause:The Contractor shall use local labour in accordance with the requirements contained within the Scope of Work.

5.3.1 The Contractor shall (subject to the provisions of Clause 4.3.1) commence executing the works within a period of 28 days from the Commencement Date.

5.3.2 The time to submit the documentation required before commencement with Works execution is 14 days

The documentation required before commencement with Works execution are:

Construction Programme Health and Safety Plan Environmental Management Plan Quality Management Plan The Contractor shall deliver his guarantee within 14

days of the Commencement Date. The amount of the guarantee will be 10% of the Contract Price (including Value Added Tax) at the time that the Agreement comes into effect. The guarantee shall remain valid until the issue of the Certificate or Certificates of Completion in respect of the whole of the Permanent Works.

Add the following to the first paragraph of this clause:

This approval or otherwise shall be based upon legal opinion to be provided by the Engineer.

Replace the last paragraph of the clause with the following:

The Guarantee shall be returned to the Contractor within 14 days after the issue of the Certificate of Completion in respect of the whole of the Permanent Works.

5.5.1 The time for achieving Practical Completion of the whole of the Works is forty five (45) Weeks.

5.6.2 Add the following to the clause:The Contractor shall deliver his detailed cash flow forecast (which ties to the programme) within 14 days of the


Clause Contract DataCommencement Date.

5.7.1 Add the following to the clause:No such instruction by the Engineer to expedite progress shall be the subject of additional compensation to the Contractor unless the instruction explicitly states that the Contractor is entitled to additional compensation, and cites the amount of such compensation or the basis upon which it is to be determined.

5.8.1 The non-working days are Sundays and the special non-working days are:

And all South African statutory holidays. The yearend break as defined by the South Africa Federation of Civil Engineering Contractors (SAFCEC) shall not be deemed to be special non-working days for the purposes of this contract, and the Contractor is allowed to work during this period and there shall be no special compensation for working during this period.

5.12.3 Delete the contents of the clause and insert the following:If an extension of time is granted, other than an extension resulting from abnormal climatic conditions in terms of Clause 5.12.4, the Contractor shall be paid such additional time-related General Items as are appropriate having regard to any other compensation which may already have been granted in respect of the circumstances concerned.

5.12.4 Add the following new clause:Extension of time due to Abnormal RainfallShould abnormal climatic conditions cause a delay, the circumstances will be evaluated as they arise, taking into consideration any normal rainfall conditions that could have been expected and for which the Tenderer should have made provision in his programming of the works. Accurate rain measurements shall be taken at suitable points (or point) on site and the contractor shall at his own expense provide the rain gauges and take all necessary precautions to ensure that the rain gauges cannot be tampered with by unauthorised persons.During the execution of the Works, the Engineer's Representative will certify a day lost due to abnormal rainfall


Clause Contract Dataand adverse weather conditions only:

- if no work was possible on the relevant working day on any item which is on the critical path according to the latest approved construction programme; or

- if less than 30% of the work force and plant on Site could work during that specific working day.

Extension of time as a result of abnormal rainfall and adverse weather conditions shall be calculated monthly being equal to the number of working days certified by the Engineer's Representative as lost due to rainfall and adverse weather conditions.

5.13 Delete the contents of the clause and insert the following:5.13.1 If the Contractor fails by the Due Completion Date

to complete the Works, or any specific portion thereof that is identified in the Scope of Works to the extent which entitles him in terms of Clause 5.14.2 to receive a Certificate of Practical Completion for the Works, then the Contractor shall be liable to the Employer for the sum(s) stated below as (a) penalty/ies for every day which shall elapse between the Due Completion Date for the Works or the specific portion of the Works and the actual Date of Practical Completion of the Works or of the specific portion.The penalty for delay shall be: R 10,000.00 per day.

5.13.2 If before the issue of a Certificate of Practical Completion for the whole of the Works, or for any specific portion thereof that is identified in the Scope of Works, any further part of the Works has been:

5.13.2.1 Certified 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 being employed by the Contractor);then the appropriate penalty for delay referred to in Clause 5.13.1 above shall be reduced by the amount which is determined by the Engineer to be appropriate under the circumstances.

5.13.2.3 The imposition of penalties in terms of Clause CONTRACT MW/13/2017 Page 140

Clause Contract Data5.13.1 shall not relieve the Contractor from his obligation to complete the Works, nor from any of his obligations and liabilities under the Contract.

5.13.2.4 All penalties for which the Contractor becomes liable in terms of Clause 5.13.1 shall be accumulative. The Employer may, without prejudice to any other method of recovery, deduct the amounts of all such penalties from any monies in his possession that are or may become due to the Contractor.

5.13.2.5 The imposition of any penalties in terms of Clause 5.13.1 shall not limit the right of the Engineer of the Employer to act in terms of Clause 5.14.5.

5.13.2.6 If the Contractor shall, without the prior written permission of the Engineer, in respect of any portions of the Works which are prescribed in the Scope of Work to be executed using labour intensive construction methods, or for which the maximum size and capacity of mechanical plant and equipment is restricted in terms of the Contract:

5.13.2.7 Fail to execute such portions of the Works, or any parts thereof, utilising labour intensive construction methods strictly in accordance with the provisions of the Contract; or

5.13.2.8 Utilise in the execution of such portions of the Works, or any parts thereof, mechanical plant or equipment which is in conflict with the terms of the Contract; or

5.13.2.9 Utilise in the execution of such portions of the Work, workers drawn from sources other than those allowed in terms of the Contract;Then the Contractor shall be liable to the Employer for the percentage stated below of the value of the Works so executed in conflict with the provisions of the relevant Scope of Work, as a penalty for non-compliance.The penalty for non-compliance is: R 40 000 per day, up to 15% of the value of Works specified.The imposition of penalties in terms of this clause shall not relieve the Contractor from his obligation to complete the Works, nor from any of his obligations and liabilities under the Contract.

5.16.3 The latent defect period is Ten (10) years


Clause Contract Data6.1 Where Contractors do not comply with Mhlathuze Water’s

strategic transformation goals and are not 51% Black owned and entered into a joint venture or sub-contract with a 100% black owned company in order to qualify for the tender Mhlathuze water will make payment to the sub-contractor directly.

6.1.1 Add the following to the clause:Payment for works identified in the Scope of Work as being labour-intensive shall only be made in accordance with the provisions of the Contract if the works are constructed strictly in accordance with the provisions of the Scope of Work. Any non-payment for such work shall not relieve the Contractor in any way from his obligations either in contract or in delict.

Any payments due to the CPG Sub-contractor will be made directly to the sub-contractor by the Employer in terms of the MW Enterprise and Deveopment Strategy.

6.8.2 The application of a Contract Price Adjustment factor will apply to this Contract.

6.8.3 Price Adjustments for variations in the cost of special materials is allowed. The Contractor will be required to provide full details in Part 2 of the Contract Data.

6.8.4 In line 8 delete the words “between the Employer and the Contractor”.

6.10.1.5 The percentage advance on materials not yet built into Permanent Works is Eighty percent (80%)

6.10.3 The limit of retention money is 10% of the Tender Sum.

Add the following to the clause:A Retention Money Guarantee is not permitted.

6.10.4 In line 4 delete the word “said” and insert the word “correct”.

6.11.1.3 In line 3 of the second paragraph delete “15 per cent” and replace it with “25 per cent”.

8.6.1.2 A Coupon Policy for Special Risks Insurance issued by the South African Special Risks Insurance Association is not required.


Clause Contract Data8.6.1.3 The minimum amount of Liability Insurance cover required will

be R 1 000 000,00 per event, the number of events being unlimited.

8.6.6 Add the following to the clause:Proof of insurance shall be submitted to the Employer prior to Commencement of the Works (Clause 10.1), and copies of the policies and proof of due payment of all premiums shall be presented to the Employer within twenty eight (28) days of the Date of Commencement.

10.5.1 Dispute resolution shall be by standing adjudication.

10.7.1 The determination of disputes shall be by arbitration.


Part 2: Data provided by the Contractor

Clause Contract Data

1.1.8 The name of the Contractor is:

1.2.2 The address of the Contractor is:

6.2.1 The security to be provided by the Contractor shall be one of the following:

Performance guarantee of 10% of the Contract Sum plus retention of 10% of the value of the Works, reduced to 5% upon completion of the Works. The liability of the Performance guarantee shall be up to the issue of the Certificate of Completion, when the guarantee shall be returned to the Contractor.

8.6.3 The variation in cost of special materials is:

Special Material Method Price for Base Month


PART C1 AGREEMENTS AND CONTRACT DATA

C1.2 Contract Data


Annexure A: Form of Guarantee

(for execution of contract)


Mhlathuze Water

Contract No.MW/13/2017


To be supplied on the official letterhead of "The Bank/Company”)

DEMAND GUARANTEE FOR EXECUTION OF CONTRACT

Whereas MHLATHUZE WATER

(hereinafter called "the Employer")

have 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"

1.2 make such payment(s) to the Employer upon receipt by the Bank/Company of a certificate signed by the Engineer 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 Engineer’s 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 Engineer, 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'.

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 domicilium citandi 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 ____________________2017_______

at ___________________________(place)

___________________________ ___________________________

Signature Signature

As Witnesses:

1. ___________________________ ___________________________

Signature Name

__________________________

__________________________

(Address)

2. ___________________________ ___________________________

Signature Name

__________________________

__________________________

(Address)


PART C1AGREEMENTS AND CONTRACT DATA

C1.2 Contract Data


Annexure B: Form of Agreement

(Contract Agreement)


Mhlathuze Water

Contract No.MW/13/2017


(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 Conditions of Contract 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 Contractor for completed work as hereinafter mentioned the Contractor covenants with the Employer to supply, deliver, construct, complete and maintain the Works 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, delivery, construction, completion and maintenance of the Works, 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 AGREEMENTS AND CONTRACT DATA

C1.2 Contract Data


Annexure C: Health and Safety Agreement


MHLATHUZE WATER

WRITTEN AGREEMENT ON

OCCUPATIONAL HEALTH AND SAFETY

In accordance with the provisions of Section 37(2) of the Occupational Health

and Safety Act 85 of 1993 entered into and between

MHLATHUZE WATER

(hereinafter referred to as “the Employer”)

and

…………………………………………….

(hereinafter referred to as “the Mandatary”)

…………………………………………….

COID Registration Number

Whereas the Employer has entered into a contract and / or Purchase order with the Mandatary, in terms of which the Mandatary 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 Mandatary shall be responsible for compliance with the Occupational Health and Safety Act and its regulations. The Employer and Mandatary 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. Definitions

Unless 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 Mandatary;

1.5 Mandatary 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 Mandatary and Employees perform work or render a service for and on behalf of the Employer

1.8 Parties shall mean the Employer and the Mandatary

1.9 PPE shall mean the personal protective equipment

2. WARRANTY OF COMPLIANCE

2.1 The Mandatary 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 Mandatary and the Employees are to perform on the Premises shall be the obligation of the Mandatary

2.2 The Mandatary 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 Mandatary 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 Mandatary 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. MANDATARY AN EMPLOYER

The Mandatary 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 Mandatary 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 Mandatary 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 Mandatary warrants that all appointed persons are trained to understand their roles in terms of the OHS Act. The Mandatary shall further ensure that employees receive basic safety training to understand the hazards and risks associated with their work.

4.3 The Mandatary 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-ACT

The mandatary 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 Mandatary 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 EXAMINATIONS

The Mandatary 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 INVESTIGATION

All incidents referred to in Section 24 of the OHS Act shall be reported by the Mandatary 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 EQUIPMENT

The Mandatary 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 Mandatary shall ensure that his employees wear the PPE supplied to them at all times.

10. INTOXICATION NOT ALLOWED

No 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 Mandatary 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 Mandatary employs more than 10 employees the Mandatary shall ensure that a certificated first aid provider is available. Provided that the Mandatary may enter into a written arrangement with the Employer for the provision of such first aid facilities.

11. 2 The Mandatary 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 Mandatary 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, theMandatary 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 Mandatary 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 Mandatary 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 Mandatary shall ensure that only those persons authorized to make use of the same, have access thereto.


14. INDEMNITY BY MANDATARY

Notwithstanding the provisions of this Agreement, or any other contractual relationship as between the Employer and the Mandatary:

14.1 The Employer shall not be responsible for any loss, damage, injury or death, howsoever caused, to the Mandatary or to the Employees, and the Mandatary 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 Mandatary hereby assumes liability for any loss or damage which is caused by the Mandatary’s negligence, or through the negligence of any of the Employees, and the Mandatary hereby indemnifies the Employer for such loss or damage, whether caused by the Mandatary’s breach of any of the terms of this Agreement, or by delict.

14.3 The Mandatary 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. CLARIFICATION

In the event that the Mandatary 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 AGREEMENT

This Agreement shall remain in force for any work performed by the Mandataryand/or any of his Employees at the Employer’s premises.

17. HEADINGS

The headings as contained in this Agreement are for reference purposes only, and shall not be construed as having interpretative value in themselves, 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 Mandatary

(he being duly authorised)

NB: Please ensure that each person signing this Agreement initials all pages.

- END OF SECTION -


PART C1 AGREEMENT AND CONTRACT DATA

C1.3 – General Conditions of Contract


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, and3.3.2.2.4 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 liability4.1.1 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 instructions4.2.1 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 withClause 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.

4.10.1The 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.


4.10.2The 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

4.11.1To 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.

4.11.2The 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

4.12.1The Contractor shall provide all necessary superintendence while carrying out the Works.4.12.2The 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.

4.12.3The 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, and5.6.2.7 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, or5.8.1.4 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

5.10.1The 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

5.11.1The 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, or5.11.1.2 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.

5.11.2The 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.

5.11.3During the suspension, the Contractor shall properly protect the Works as far as necessary.5.11.4Unless 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.

5.11.5If the progress of the Works is suspended in terms of Clause 5.11.1 and full payment is received of the amount certified 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.

5.11.6If 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

5.12.1If 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.

5.12.2Without 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, and5.12.2.4 Any disruption which is entirely beyond the Contractor’s control.5.12.3If 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.

5.12.4Instead 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


5.13.1If 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.

5.13.2If, 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 Completion5.14.1The 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.

5.14.2As 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.

5.14.3Upon 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.

5.14.4As 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.

5.14.5Upon 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 Guarantor5.14.5.2 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, and5.14.5.5 Insurance of the Works in terms of Clause 8.6.1.1 shall cease.5.14.6The 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.

5.14.7If, 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

5.15.1On 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

5.16.1The 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 theEmployer’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.

5.16.3The 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, and6.3.1.6 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, or6.9.1.2 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

6.10.1With 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; and6.10.1.8 Any sales tax or value added tax which the law requires the Employer to

pay to the Contractor.6.10.2The 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.

6.10.3Payments 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.

6.10.4The 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.

6.10.5When 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.

6.10.6In 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.

6.10.7The Employer’s Agent may make any correction or modification of any previouspayment certificate, which has been issued by him.


6.10.8Within 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.

6.10.9Within 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

6.11.1If, 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, and6.11.1.3 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, and6.11.1.6 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 theContract, 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 defects7.7.1 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; or9.2.1.3.2 Has failed, in terms of Clause 5.3.2, to submit documentation in

time, or to submit acceptable documentation; or9.2.1.3.3 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; or9.3.1.4 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, and9.3.2.1.2 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

10.1.1The 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, and10.1.1.1.4 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.

10.1.2If, 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.

10.1.3To 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.

10.1.4If, 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.

10.1.5Unless 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

10.2.1In 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.

10.2.2If, 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.

10.2.3The 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

10.3.1The 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, and10.3.1.5 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.

10.3.2If 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.

10.3.3In 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

10.4.1The 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.

10.4.2If 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.

10.4.3Amicable settlement shall become final and binding on the parties only to the extent that it is correctly recorded as being agreed by the parties.

10.4.4Save 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

10.5.1If 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.

10.5.2If the Contract Data does not provide for dispute resolution by a standing Adjudication Board, the dispute shall be referred to ad-hoc adjudication.

10.5.3The 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.

10.5.4The 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 decision10.6.1Either 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.

10.6.2In 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.

10.6.3If 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

10.7.1If 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.

10.7.2In 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.

10.7.3The 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

10.8.1If 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

10.9.1The 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.

10.10Common 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.

10.11Continuing 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 C2 PRICING DATA

C2.1 - Pricing Instructions


PRICING INSTRUCTIONS

1. The Conditions of Contract, the Contract Data, and the Specifications (including the Project Specifications) shall be read in conjunction with the Schedule of Activities and SABS 1200 – clause 8 as the basis for measurement.

2. The Schedule of Activities comprises items covering the Supplier’s profit and costs of general liabilities associated with the execution of the Contract

3. 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.

4. 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.

5. 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.

6. An amount or rate shall be entered against each item in the Schedule of Quantities, whether or not quantities are stated.

7. An item against which no amount or rate is entered will be assumed to be tendered at “nil” value.

8. 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. Any time related item may only be included in another time related item.c. Any fixed cost related item may only be included in another fixed cost related

item. 9. 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.

10.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 Activities, 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 Activities and the activities certified for payment.

11.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.

12.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

13.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 -


PARTC2PRICING DATA

Section C2.2 - Bill of Quantities



CONTRACT NO. MW/??/2017

SECTION A: PRELIMINARY AND GENERALITEMNO PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT RA SANS

1200 ASECTION : PRELIMINARY AND GENERAL

A1 8.3 FIXED-CHARGE ITEMS

A1.1 8.3.1 Contractual Requirements Sum 1

8.3.2 Establish Facilities on the Site :

8.3.2.1 a) Facilities for Engineer (SANS 1200 AB)

A1.2 2 Name-boards Sum 1

A1.3 Office/conference room Sum 1

A1.4 Survey Equipment Sum 1

A1.5 Other Obligations Sum 1

8.3.2.2 b) Facilities for Contractor

A1.6 Offices and storage sheds Sum 1

A1.7 Workshops Sum 1

A1.8 Laboratories Sum 1

A1.9 Ablution and latrine facilities Sum 1

A1.10 Tools and equipment Sum 1

A1.11 Water supplies, electric power and communications

Sum 1

A1.12 PSA 8.16 Dealing with stormwater Sum 1

A1.13 Access Sum 1

A1.14 Plant Sum 1

A1.15 PSA 8.11 Obtaining of and allowance for payment of all applicable wayleaves

Sum 1

A1.16 PSA 8.11 Compliance to the OHS Act including all site programmes, inductions etc.

Sum 1

A1.17 PSA 8.11 Compliance to the NEMA Act and Tenders Environmental Management Plan

Sum 1

A1.18 PSA 8.12 Compliance to the Quality Control Management Plan

Sum 1

Total Carried Forward




SECTION A: PRELIMINARY AND GENERALITEMNO PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT R Brought Forward

A1.19 8.3.3 Other fixed-charge obligations (Specify)

……………………………………………………………………………………………………………………

Sum 1

A1.20 8.3.4 Remove Engineer's and Contractor's Site establishment on completion

Sum 1

A2 8.4 TIME-RELATED ITEMS

A2.1 8.4.1 Contractual Requirements Sum 1

8.4.2 Operate and maintain facilities on the Site:

8.4.2.1 a) Facilities for Engineer for duration of construction (SANS 1200 AB)

A2.2 2 Name boards Sum 1

A2.3 Office/conference room Sum 1

A2.4 Survey equipment Sum 1

A2.5 Other obligations Sum 1

8.4.2.2 b) Facilities for Contractor for duration of construction, except where otherwise stated

A2.6 Offices and storage sheds Sum 1

A2.7 Workshops Sum 1

A2.8 Laboratories Sum 1

A2.9 Ablution and latrine facilities Sum 1

A2.10 Tools and equipment Sum 1

A2.11 Water supplies, electric power and communications

Sum 1

A2.12 PSA 8.16 Dealing with water Sum 1

A2.13 Access Sum 1

A2.14 Plant Sum 1

A2.15 8.4.3 Supervision Sum 1

A2.16 PSA 8.11 Compliance to the OHS Act including all site programmes, inductions etc.

Sum 1

A2.17 PSA 8.11 Compliance to the NEMA Act and Tenders Environmental Management Plan

Sum 1





SECTION A: PRELIMINARY AND GENERALITEMNO PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT R

Brought Forward A2.18 PSA 8.11 Compliance to the Quality Control

Management PlanSum 1

A2.19 8.4.4 Company and head office overhead costs

Sum 1

A2.20 8.4.5 Other time-related obligations Sum 1

A2.21 PSA8.15 Managing and controlling sluice gates and general communication with pump station operators

Sum 1

A3 8.7 DAYWORKS

A3.1 LABOUR

Supply labour including all costs

A3.1.1 Site Foreman h 100

A3.1.2 Skilled h 100

A3.1.3 Semi-skilled h 150

A3.1.4 Unskilled h 200

A3.2 8.7 PLANT

Supply plant, including operator, fuel and other costs:

A3.2.1 Front-end loader: min 2m3 bucket h 20

A3.2.2 Excavation: min 100kW h 20

A3.2.3 TL Back acot: min 50kW h 100

A3.2.4 Vibration self-propelled roller - 7 ton h 20

A3.2.5 Water cart: min 10 000 litres h 20

A3.2.6 Bakkie: min 1 ton h 20

A3.2.7 Tip truck: min 10 ton h 20

A3.2.8 Compressor including hammers and hoses (7m3/min)

h 20

A3.2.9 Centrifugal pump: 100mm h 100


Total Carried Forward To Summary


CONTRACT NO. MW/13/2017

SECTION B: PROVISIONAL ITEMS AND TEMPORARY WORKSITEMNO PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT RB SANS

1200APROVISIONAL ITEMS AND TEMPORARY WORKS

B1 8.5 PROVISIONAL SUMS

B1.1 Survey beacons/pegs

B1.1.1 8.8.5 Re-establish erf boundary pegs by a registered Land Surveyor when pegs have been ordered to be removed by the Engineer

Prov Sum

1 10 000

B1.1.2 8.5 Percentage adjusted on item B1.1.1 for profit and attendance

% 10 000

B2 PSA 8.8.4 EXISTING SERVICES

B2.1 Locating, protection, alteration and relocation of existing services carried out by others.

Prov Sum

1 20 000

B2.2 Percentage adjusted on item A2.1 for overheads and profit

% 20 000

B3 TESTING

B3.1 PSA 8.9 Testing of materials by Engineer (additional to that specified in the SABS)

Prov Sum

1 20 000

B3.2 Percentage adjusted on item A6.1 for overheads and profit.

% 20 000

B3.3 8.8.1 Main access road to works: construct Sum 1

B3.4 PSA 8.8.2 Deal with traffic and maintain closed road

Sum 1

B3.5 PSA 8.8.4 Protect existing water pipe until construction in vicinity complete

Sum 1

B4 TEMPORARY WORKS

B4.1 PSA 8.8 Construction Phase 1:

B4.1.1 Remove existing rip rap to stockpile m3 1 500

B4.1.2 Supply, filling, transport, placement and removal of Kaytech Enviro Rock 3PL 2.5m3 Geocontainer (or similar spec.) sandbags for construction of coffer dam berms

m3 3 000

B4.1.3 Temporary brick-work to seal off construction areas

m3 30





SECTION B: PROVISIONAL ITEMS AND TEMPORARY WORKSITEMNO PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT R

Brought Forward B4.2 PSA 8.8 Construction Phase 2:

B4.2.1 Remove existing rip rap to stockpile m2 700

B4.2.2 Relocation and removal of existing sandbags to new berm position

m3 3 000

B4.2.3 Supply, filling, transport, placement and removal of additional Kaytech Enviro Rock 3PL 2.5m3 geocontainer (or similar spec.) sandbags for construction of coffer dam berms

m3 1 100

B4.2.4 Temporary brick-work to seal off construction areas

m3 10

B4.2.5 Construct temporary sump Sum 1

B4.2.6 Provide, install, maintain and remove sump pump with flexible hose

Sum 1

B4.3 PSA 8.8 Construction Phase 3:

B4.3.1 Relocation and removal of existing sandbags to new berm position

m3 1 000

B4.3.2 Supply, installation, maintenance and removal of the required temporary bypass pipework required to operate the pumpstation during construction. 1m diameter pipe

m 50

B4.4 Supply, filling, transport, placement and removal of additional Kaytech Enviro Rock 3PL 2.5m3 Geocontainer (or similar spec.) sandbags for construction of coffer dam berms

m3 500

B5 PSD 8.3.14

DEWATERING

Dewatering of excavation for the duration of the contract

B5.1 Provide Equipment Sum 1

B5.2 Operate and maintain Sum 1

B5.3 Remove equipment Sum 1





SECTION C : SITE CLEARANCEITEMNO PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT RC SANS

1200 CSECTION : SITE CLEARANCE

C.1 CLEAR SITE

C.1.1 8.2.1 Clear and grub site including trees up to 1m girth and boulders up to 0.15m3

ha 1

C1.1.1 8.2.2 Remove and grub large trees and tree stumps of girth

Over and up to

1 m - 2 m No. 15

C1.2 8.2.4 Reclear surfaces (provisional) (where ordered by Engineer)

ha 1

C1.3 8.2.8 Demolish and remove concrete structures:

C1.3.1 Wing wall m3 10

C1.3.2 High flow crest weir m3 30

C1.3.3 RC slab at pump station outlet m3 100

C1.3.4 Retaining wall on right bank m3 100

C1.3.5 Other m3 20

C1.4 8.2.9 Cart materials and debris to registered waste disposal sites

Sum 1





SECTION D: EARTHWORKSITEMNO PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT RD SANS

1200 DSECTION : EARTHWORKS

D.1 8.3.2 EXCAVATION

D1.1 8.3.2(a) Excavate in all materials and place in stockpile within freehaul distance for :

D1.1.1 Levelling site m³ 10 000

D1.2 8.3.2(b) Extra-over item D1.1 for excavation in:

D1.2.1 Intermediate material m³ 1 000

D1.2.2 Hard rock material m³ 1 000

D1.2.3 Boulder material, Class A m³ 1 000

D1.2.4 Boulder material, Class B m³ 5 000

Boulder material larger than Class B m³ 1000

D1.3 8.3.3(a) Excavate in all materials and place in stockpile within freehaul distance for :

D1.3.1 Confined foundations of weir roller bucket

m³ 10 000

D1.4 8.3.3(b) Extra-over item D1.3 for excavation in:

D1.4.1 Intermediate material m³ 500

D1.4.2 Hard rock material m³ 500

D1.4.3 Boulder material, Class A m³ 1 000

D1.4.4 Boulder material, Class B m³ 2 000

D1.5 8.3.7 Additional lateral support at existing structure up to 1.5m deep

m2 200

D1.6 Fill from stockpile around concrete structures

m³ 1 000

D1.7 Reexcavate surfaces (provisional) (where ordered by Engineer)

ha 1

D1.8 Drill and test boreholes for ground quality

No. 15

D2 SURFACEBED PREPARATION

D2.1 ME8.3.3 Compact in-situ material undersurfacebed to 93% MOD AASHTO(100% for sand)

m² 7000





SECTION D: EARTHWORKSITEMNO PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT R Brought Forward

D3 RIP RAP

D3.1 Place rip rap from stockpile m³ 8000

D3.2 Supply and placement of new rip rap m³ 3 500





SECTION E: GABIONS AND PITCHINGITEMNO PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT RE SANS

1200 DKSECTION : GABIONS AND PITCHING

E.1 GABIONS

E1.1 8.2.1 Surface preparation for bedding of gabions

m² 300

E1.2 8.2.2 Construct gabions using wire mesh

E1.3 Gabion box 2x1x1m hot dipped galvanised wire, grey PVC coated filled with broken hornsfeld stone

m³ 460

E1.4 8.2.3 Extra-over item E1.3 for selected stone on face

m² 450

E1.5 8.2.4 Supply and place geotextile A4 as per manufacture's specifications

E1.5.1 a) below foundation mattresses m² 50

E1.5.2 b) on slope behind wall m² 450





SECTION F: PILINGITEMNO PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT R SANS

1200 FSECTION : CONCRETE PILING

F1 OPTION 1: SECANT PILES

F1.1 PRELIMINARY OPERATIONS

F1.1.1 8.2.1 Establishment on Site for piling Sum 1

F1.1.2 8.2.2 Move equipment to and set up at each pile position

No. 115

F1.1.3 8.2.3 Standing time (Provisional item) Days 5 Rate Only

F1.2 SECANT PILES

F1.2.1 8.2.4 Design, supply and installation of permanent load bearing secant piles according to engineers specifications. 800mm diameter, 3m lateral support height and 15m barrier length.

Piles with overall length: 15m and to 20m

m 2 100

F1.2.2 8.2.5 Extra-over item F.1.2.1 to form, auger, and bore pile holes through identified obstructions to a depth of 5m consisting of boulders and concrete rubble

m 150

F1.2.3 8.2.6 Drive temporary casing to form holes for 800 mm dia. piles through material in the following successive depth ranges: Over 15 m and up to 20 m

m 2100

F1.2.4 8.2.9 Form, auger, and bore pile holes through unidentified obstructions at depth 15m to 16m

Sum 1

F1.2.5 8.2.14 Removal of temporary casings for 800 mm dia. piles as directed

m 2100

F1.2.6 8.2.17 Casting of concrete piles m³ 1150

F1.2.7 8.2.16 Steel reinforcement in cast-in-situ piles

F1.2.7.1 High tensile steel up to 25mm dia. t 60

F1.2.8 8.2.18 Extra-over item F1.2.6 for concrete cast under water

m³ 50

F1.2.9 8.2.20 Trim 800 mmdia. pile heads (Allow for 0.5m trim)

No. 115





SECTION F: PILINGITEMNO PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT R

Brought Forward F1.3 PSF 8.2.27 PILE INTEGRITY TESTING ON

BORED/AUGERED PILES

F1.3.1 Providing and installing 50mm diameter mild steel tubes used for “Cross Hole Sonic Logging” in all designated piles

m 2 100

F1.3.2 Cross-Hole Sonic Logging tests and interpreted results (per 800mm dia pile and per pile cap)

m 2 100

F1.3.3 Grouting up all CSL tubes after successful testing

m³ 10

F2 OPTION 2: COMBINATION OF LOAD BEARING CFA PILES AND SHEET PILES

F2.1 PRELIMINARY OPERATIONS F2.1.1 8.2.1 Establishment on Site for load bearing

CFA pilingSum 1 Rate Only


No. 25 Rate Only

F2.1.3 8.2.3 Standing time (Provisional item) Days 5 Rate OnlyF2.2 LOAD BEARING CFA PILES F2.2.1 8.2.4 Design, supply and installation of

800mm dia. load bearing CFA piles according to engineers specification and approval at 3m c/c spacing Piles with total length 15m to 20m

m 500 Rate Only

F2.2.2 8.2.5 Extra-over item F2.2.1 to form, auger, and bore pile holes through identified obstructions or removal of obstructions for depth up to 5m consisting of boulders and concrete rubble

m 75 Rate Only

F2.2.3 8.2.6 Drive temporary casing to form holes for 800 mm dia. piles through material in the following successive depth ranges over 15 m and up to 20 m

m 500 Rate Only

F2.2.4 8.2.9 Form, auger, and bore pile holes through unidentified obstructions - Provisional sum*

Sum 1 Rate Only


m 500 Rate Only

F2.2.6 8.2.17 Casting of concrete piles m³ 300 Rate Only

F2.2.7 8.2.16 Steel reinforcement in cast-in-situ piles Total Carried Forward





Brought Forward F2.2.7.1 High tensile steel up to 25mm dia. t 15 Rate OnlyF2.2.8 8.2.18 Extra-over item F2.2.6 for concrete cast

under waterm³ 50 Rate Only

F2.3 PSF 8.2.27 PILE INTEGRITY TESTING ON BORED/AUGERED PILES


m 500 Rate Only


m 500 Rate Only


m³ 10 Rate Only

F2.4 PERMANENT SHEET PILING

F2.4.1 8.2.1 Establishment on Site for sheet piling Sum 1 Rate OnlyF2.4.2 8.2.2 Move equipment to and set up at each

pile positionm 75 Rate Only

F2.4.3 8.2.3 Standing time (Provisional item) days 5 Rate OnlyF2.4.4 8.2.4 Design, supply and installation of

galvanised sheet piles according to engineers specification and approval. Sheet pile lengths:15m and to 20m

m2 1 500 Rate Only

F2.4.5 8.2.5 Extra-over item F2.4.4 to drive sheet piles through identified obstructions or removal of obstructions for depth up to 5m consisting of boulders and concrete rubble

m 75 Rate Only

F3 PERMANENT LOAD BEARING PILES


F3.1.1 8.2.1 Establishment on Site for load bearing CFA piling

Sum 1


No. 30

F3.1.3 8.2.3 Standing time (Provisional item) days 5 Rate Only

F3.2 LOAD BEARING CFA PILES

F3.2.1 8.2.4 Supply and installation of 650mm dia. load bearingCFA piles according to engineers specification and approval. Two rows at 5m c/c spacing. Pile

m 600


lengths: 15m to 20mTotal Carried ForwardALTERATIONS AND ADDITIONS TO THE EXISTING MHLATHUZE WEIR STRUCTURE



Brought Forward F3.2.2 8.2.5 Extra-over item F3.2.1 to form, auger,

and bore pile holes through identified obstructions or removal of obstructions for depth up to 5m consisting of boulders and concrete rubble

m 75

F3.2.3 8.2.6 Drive temporary casing to form holes for 650 mm dia. piles through material in the following successive depth ranges over 15 m and up to 20 m

m 600

F3.2.4 8.2.9 Form, auger, and bore pile holes through unidentified obstructions - Provisional sum*

Sum


m 600

F3.2.6 8.2.17 Casting of 650mm dia. concrete piles m³ 210

F3.2.7 8.2.16 Steel reinforcement in cast-in-situ piles F3.2.7.1 High tensile steel up to 25mm dia. t 20F3.2.8 8.2.18 Extra-over item F3.2.6 for concrete cast

under waterm³ 50

F3.2.9 8.2.20 Trim 650 mmdia. pile heads (Allow for 0.5m trim)

No. 30

F3.3 PSF 8.2.27 PILE INTEGRITY TESTING ON BORED/AUGERED PILES


m 600


m 600


m³ 10

F4 PERMANENT SHEET PILING (DOWNSTREAM END OF WEIR)


F4.1.1 8.2.1 Establishment on Site for sheet piling Sum 1


m 75

F4.1.3 8.2.3 Standing time (Provisional item) days 5


Total Carried Forward ALTERATIONS AND ADDITIONS TO THE EXISTING MHLATHUZE WEIR STRUCTURE



Brought Forward SHEET PILES

F4.2.1 8.2.4 Design, supply and installation of galvanised sheet piles according to engineers specification and approval. Sheet pile lengths: 5m to 10m

m2 750

F4.1.5 8.2.5 Extra-over item F4.1.4 to drive sheet piles through identified obstructions or removal of obstructions for depth up to 5m consisting of boulders and concrete rubble

m 50





SECTION G: CONCRETE (STRUCTURAL)ITEMNO PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT R SANS

1200 GSECTION : CONCRETE (STRUCTURAL)

G1 8.2 FORMWORK

G1.1 8.2.1 Rough Formwork

G1.1.1 8.2.5 Plane vertical to edge of foundations (500 mm deep)

G1.1.1.1 right bank wall m 110

G1.1.1.2 fish ladder support wall m 50

G1.1.1.3 wing wall at pump station m 30

G1.1.2 Plane vertical to edge of foundations (350 mm deep) at intake channel

m 30

G1.2 8.2.2 Smooth Formwork

G1.2.1 8.2.1 vertical sides of right bank wall m2 400

G1.2.2 8.2.1 vertical sides of fish ladder support wall m2 150

G1.2.3 8.2.1 vertical sides of wing wall 1 at pump station

m2 140

G1.2.4 8.2.1 vertical sides of wing wall 2 at pump station

m2 200

G1.2.5 8.2.1 vertical faces of stepped slab (1.1m high)

m 35

G1.2.6 8.2.1 vertical faces of walls at intake channel m2 200

G1.2.7 8.2.1 vertical faces of raised wall along access road

m2 60

G1.2.8 8.2.1 vertical face of fish ladder internal baffels (0.9m high)

m 300

G1.2.9 8.2.1 vertical face of high flow weir notch (0.5m high)

m 90

G1.2.10 8.2.1 vertical face of fish ladder walls (varied height)

m2 350

G1.2.11 8.2.5 horizontal soffit of fish ladder m2 250

G2 8.3.1 REINFORCEMENT

G2.1 Mild steel

G2.1.1 up to 16mm dia. t 8

G2.2 8.3.1 High tensile steel:

G2.2.1 up to 25mm dia. t 68





SECTION G: CONCRETE (STRUCTURAL)ITEMNO PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT R

Brought Forward G2.3 R20 100mm dowel bar grouted 500mm

into existing concrete. 2m c/c spacingNo. 500

G2.4 R20 500mmx500mm ubar shaped dowel bar grouted 200mm into existing concrete. 2m c/c spacing

No. 50

G2.5 Reinforcing Mesh 516 m² 120

G3 PSG 8.2 CONCRETE

G3.1 8.4.2 50mm blinding layer 15 MPa/20mm concrete including woodfloated finish

m² 3 000

G3.2 8.4.3 Concrete Strength grade 30 MPa/40mm to:

G3.2.1 Mass concrete ogee spillway and roller bucket

m³ 4 200

G3.2.2 Mass concrete fill between new and existing structure

m³ 2 600


G3.2.3 Ramp and raised road m³ 110

G3.2.6 Intake Channel m³ 60

G3.2.7 Walls m³ 300

G3.2.8 Wall foundations m³ 150

G3.2.9 Bollards m³ 2

G3.2.10 Stepped slab m³ 460


G3.2.4 Fish Ladder shell m³ 115

G3.2.5 Fish Ladder internal baffels (exposed aggregate)

m³ 20

G4 8.4.4 UNFORMED SURFACE FINISHES

G4.1 8.4.4 Wood-floated finish to:

G4.1.1 Roller bucket and ogee spillway m² 1 700

G4.1.2 Top of fill between new and existing structure

m² 1 200

G4.1.3 Top of ramp and raised access road m² 140


G4.1.4 Top of stepped slab m² 150




SECTION G: CONCRETE (STRUCTURAL)ITEMNO PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT R

Brought ForwardG4.1.5 Top of intake channel floor slab m² 150

G4.2 8.4.4 Steel floated finish to:

G4.2.1 Top of fish ladder internal baffels m² 20

G4.2.2 Top of walls m² 40

G4.2.3 Top of high flow weir notch m² 70

G4.2.4 Bollards m² 2

G5 8.8 CAST IN ITEMS

G5.1 Galvanised steel equal sided angles with lugs spaced at 750mm c/c for fixing of grid over fish ladder

m 60

G6 SUNDRIES

G6.1 8.1.3 Admix to slow curing time of concrete Sum 1





SECTION H: STRUCTURAL STEELWORKITEMNO PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT R SANS H SECTION : STRUCTURAL

STEELWORK

8.3.1 Supply, shop drawings, fabrication, transportation and erection of steelwork including plates, packs, nuts, bolts etc to SABS 1431 Grade 200W (Nuts and bolts not measured but to be included in the rate)

H1 INLET CHANNEL

Supply and install including all fasteners required:

H1.1 Standard MS50 Mentis walking platform complete with grid and all bolts, channels, stringers, etc. and fixed to the external wall of the inlet channel, inclusive of all members and support required to suspend on wall

m2 20

H1.2 Galvanised steel trash screen complete built to dwg. 32823.00-123-04

Sum 1

H1.3 2.5m x 2.5m galvanised steel sluice gates complete to dwg. 32823.00-123-05

No. 2

H1.4 Galvanised guides bolted to existing RC wall for sluice gates

No. 4

H1.5 Galvanised structural steel support platform as per dwg 32823.00-123-05

t 1

H2 DWS GAUGING PLATES

Supply and install including all fasteners required:

H2.1 100 x 100 x 6 Angle iron (galvanised) m 55

H2.2 50 x 50 x 6 Angle iron (galvanised) m 20

H3 FISH LADDER

H3.1 Heavy Duty MS50 Mentis platform complete with grid and all bolts, channels, stringers, etc. and fixed to the wall of the fish ladder over the access road, inclusive of all members and support required to suspend on wall

m2 50

H3.2 Galvanised bolts to secure future fish trap in the wall of the first pool at the upstream entrance of the fish ladder

Sum 1

H3.3 Floating trash defelector at upstream Sum 1


entrance of the fish ladder including all fasteners




SECTION I: SUBBASEITEMNO PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT R

SANS1200 ME SECTION: SUBBASE

I1 8.3.3 Construct subbase with material from

commercial sources

I1.1 300 mm to main acceses gravel roads m3 100




Mhlathuze Water

Contract No MW/13/2017


SUMMARY

SECTION DESCRIPTION AMOUNT (RAND)

A PRELIMINARY AND GENERAL

B TEMPORARY WORKS

C SITE CLEARANCE

D EARTHWORKS

E GABIONS AND PITCHING

F CONCRETE PILING

G CONCRETE (STRUCTURAL)

H STRUCTURAL STEELWORK

I SUBBASE

Sub-total A

Allowance for Contingencies (10% of Sub-total A)

Sub-total B

Allowance for CPA (6% of Sub-total B) .

Sub-total C

Value-Added Tax (VAT) (14% of Sub-total C)

TOTAL AMOUNT INCLUDING VAT (D)

I/We, the undersigned, do hereby declare that these are the properly priced Bill / Schedules of Quantities forming part of this Contract Document containing Pages in consecutive order upon which my/our Tender for

My/our total Contract Price for this work and above items (Total D) is (in words): -

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

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

SIGNED ON BEHALF OF TENDERER :


PART C3SCOPE OF WORK

Section C3.1 – Description of Works


DESCRIPTION OF WORKS

Section C3.1: Description of Works

C3.1.1 Employer’s Objectives

Mhlathuze Water is proposing the construction of a new weir structure as means to address the challenge of the instability and possible collapse of the existing weir structure.

All operations necessary for the execution of the works and for the construction of any temporary works shall, as far as compliance with the requirements of the contract permit, be carried on so as to cause minimum interference with the local community and other service delivery initiatives in the area.

Note that it is Mhlathuze Water’s objective to maximise the use of local sub-contractors and develop them through a structured mentorship programme. MW has set a contract participation goal of 35% of the value of this contract for local sub-contractors. Also, it is intended that use labour intensive methods of construction will be maximised where feasible and possible. In particular and where physically possible, the following activities will be undertaken 'by hand', using labour intensive construction techniques:

Clearing and grubbing Removing, maintaining and replacing topsoil Excavation of pipe trenches Selection (sieving of bedding and fill material) Construction of pipeline bedding Pipe laying and jointing, including fittings and valves Backfilling of pipeline Compaction of bedding and backfill in 100mm layers using hand stampers Construction of haunching around pipe trench Grass planting (where necessary) Removal and replacement of fencing Construction of valve chambers using precast elements Installation of precast pipeline and valve marker posts Construction of masonry chambers for meter and PRV installations Finishing and tidying


C3.1.2 Overview of the Works

C3.1.2.1 Scope of worksIn general, the water infrastructure to be constructed under this project includes, but not limited to:

New weir structure adjoining the existing structureAll necessary excavations. Mass concrete fill over apron slab of existing weir and throughout new ogee spillway and roller bucket. Construct new concrete retaining wall on right bank. Rehabilitate concrete on the access road and raised high flow sections of existing weir.

New inlet channel to existing pump stationConstruct new floor slab and side wall of the new intake channel. Tie floor slab into existing wall on left bank and raise a portion of the wall to the new platform level.

Stabilise new structure and create a water tight seal underneathConstruct a combination of sheet piles and a bentonite cut off trench including all excavations required for installation.

Construction of a fishway/ladderConstruct fish ladder from reinforced concrete. Including demolision of portion of the existing weir and new cutoff wall for stability. Compacted earth fill situated behind cutoff wall and underneath wrapped section. Internal baffle walls to be constructed with exposed aggregate concrete.

Incorporation of DWA flow gauging stationInstall new measuring station and gauging plates as specified along the length of the weir.

Provide a safe crossing for vehiclesThe access road complies with SANRAL standards for low-level river crossings. New bollards are proposed at a 2m centre-to-centre spacing for the single lane crossing.

Stabilising of riverbed and both riverbanksBulk earthworks to shape the banks and bed accordingly. Form low channel in riverbed to fish ladder entrance. Place riprap on riverbed and right bank. Construct new gabion retaining wall on left bank.

C3.1.3 Location of the Works

The site is located within the Richards Bay area, uMhlathuze Local Municipality, King Cetshwayo District. The location of the existing weir is on the Mhlathuze River approximately 10km upstream of its mouth into the Mhlathuze Estuary in Richards Bay. See locality plan attached in Appendix D.


C3.1.4 Temporary Works

The Contractor shall be required to carry out the following temporary works in accordance with minimum acceptable quality standards as stipulated in the reference standards. The temporary works include the following:

Dewatering and site water control Shoring of excavations Temporary access roads Temporary brickwork to seal off construction phases Construction of temporary coffer dams using sandbags

C3.1.5 Nature of ground and sub-soil conditions

The existing weir is founded on alluvial deposits some 30m deep over cretaceous siltstone bedrock. The weathered Cretaceous Siltstone horizon is at an elevation -20m msl under the left bank of the river and rises up to -10m under the right bank of the river.

It is apparent from the geotechnical reports of Davies Lynn and Geosure that the field tests carried out show the dominant aquifer layer to be dense to very dense sand layer at a depth of about 5m to 16m below the existing weir.

No claims for additional payment or an extension of time shall be considered on account of the existing site conditions and nature of the ground and subsoil.

Tenderers shall be permitted to make any trial pits or boreholes to carry out any sub-surface investigations of the area they require for the purpose of ascertaining the character and nature of the ground and subsoil, at their own expense and with prior approval of the Engineer before any such work is undertaken.

(See geotechnical report in Appendix C)

C3.1.6 Disclaimer

This information regarding the sub-surface conditions and material on site is provided in good faith for the Contractor’s convenience as an indication of the conditions likely to be encountered. No responsibility will be accepted for, and there is no guarantee of, the information being representative of the whole area of the Works or of the various materials to be encountered. The Contractor shall be held to have satisfied himself as to the subsurface conditions to be encountered on site and to allow accordingly in his tendered rates.



Section C3.2 – Engineering


C3.2 ENGINEERING

C3.2.1 EMPLOYER'S DESIGN

The water reticulation has been designed to suit the minimum acceptable standards to Department of Water and Sanitation and Zululand District Municipality. The hydraulic design to determine the pipe sizes and grades has been undertaken but may change based on the topography encountered. The contractor should be aware that pipe lengths, grades and alignment may change and should account for this. The contractor may not be entitled to additional remuneration for this.

C3.2.2 DESIGN BRIEF AND PROCEDURESThe Contractor shall use the designs availed by the Engineer in the contract document and is expected to submit a written programme of works for both the permanent and temporary works prior to commencement of any work on site. The Contractor shall notify the Engineer of any changes to the program of works before any task execution.

The Contractor shall be responsible for the design of the following:

All temporary works required for construction Shoring where required for deep excavations Dewatering of trench during excavations Stormwater control during construction

C3.2.3 DRAWINGS The drawings issued to tenderers, as part of the tender documents must be regarded as provisional and preliminary for the tenderer's benefit to generally assess the scope of work. The drawings will be issued separately.

The work shall be carried out in accordance with the latest available revision of the drawings approved for construction.

At commencement of the contract, the Engineer shall deliver to the Contractor three copies of the construction drawings and any instructions required for the commencement of the works. From time to time thereafter during the progress of the works, the Engineer may issue further drawings or revisions for construction purposes as may be necessary for adequate construction, completion and defects correction of the works.

Drawings are bound to this document in Appendix E. Overall Scheme Layouts (Locality Plans) have been bound to this document in Appendix D.


DRAWING NUMBER DESCRIPTION32823.00-100-01 Rev T0 LAYOUT AND LOCALITY OF EXISTING WEIR32823.00-100-02 Rev T0 LAYOUT OF WEIR32823.00-100-03 Rev T0 FISH LADDER LAYOUT32823.00-100-04 Rev T0 TEMPORARY WORKS: CONSTRUCTION PHASE 132823.00-100-05 Rev T0 TEMPORARY WORKS: CONSTRUCTION PHASE 232823.00-121-01 Rev T0 FISH LADDER LONGITUDINAL SECTION32823.00-123-01 Rev T0 CROSS SECTIONS SHEET 1 OF 332823.00-123-02 Rev T0 CROSS SECTIONS SHEET 2 OF 332823.00-123-03 Rev T0 CROSS SECTIONS SHEET 3 OF 332823.00-123-04 Rev T0 DETAILS: INTAKE CHANNEL32823.00-123-05 Rev T0 DETAILS: DWS LOW FLOW MEASURING GAUGE32823.00-123-06 Rev T0 RIGHT BANK INTERFACES 32823.00-123-07 Rev T0

DETAILS: LEFT BANK AND GABION RETAINING WALL

32823.00-123-08 Rev T0 DETAILS: RIGHT BANK RETAINING WALL32823.00-123-09 Rev T0 DETAILS: FISH LADDER

STANDARD DETAIL FOR NAMEBOARD



Section C3.3 – Construction


C3.3 CONSTRUCTION C3.3.2 CONSTRUCTION PROGRAMME

The overall time for completion of the Contract is 45 weeks, inclusive of inclement weather as indicated in section C3.8.12 as well as any special non-working days as listed in the Contract Data.

The Contractor’s programme shall be in a bar chart form, on translucent sheet. In addition to the requirements of Clause 5.6 of the General Conditions of Contract, the programme shall show:

a) various activities, related to a time scale, for each element of the Works , all in sufficient detail to to be able to assess construction progress.

b) critical path activities and their dependencies, and

c) key dates in respect of information to be provided by the Engineer and/or others.

i. expected weather conditions and their effects,

ii. known physical conditions or artificial obstructions,

iii. holiday periods and non-working days.

If any change to the critical path becomes necessary, the Contractor shall notify the Engineer in writing forthwith.


PART C3

SECTION C3.4 - Standard Specifications and Site Information

C3.4.1 APPLICABLE SABS STANDARDS


The standard specifications on which this contract is based are the South African Bureau of Standards Standardised Specifications for Civil Engineering Construction SABS 1200. Although not bound in nor issued with this Document, the following Sections of the Standardised Specifications of SABS 1200 shall form part of this Contract:

Standardised Specifications

SABS 1200 AA : 1986 : General (Small Works)SABS 1200 AB : 1986 : Engineer's Office SABS 1200 C : 1982 : Site Clearance SABS 1200 D : 1990 : Earthworks SABS 1200 DE : 1989 : Small Earth DamsSABS 1200 DK : 1989 : Gabions and PitchingSABS 1200 F : 1983 : PilingSABS 1200 G : 1982 : Concrete (Structural)SABS 1200 H : 1983 : Structural SteelworkSABS 1200 HA : 1983 : Structural Steelwork (sundry

items) SABS 1200 HC : 1990 : Corosion protection of structural steelwork

SABS 1200 ME : 1981 : Subbase

Copies of the Standardized Specifications as listed above must be provided on site by the Contractor for the use by the Contractor and the Engineer.

The variations and additions to the standardised specifications as well as the particular specifications listed above are included. The variations, are prefixed PS, and take precedence over the SABS Standardised Specification.

Where the particular specifications are in conflict with either the variations and additions to standardized specifications or the SABS Standardised Specifications, the particular specifications shall take precedence.

C3.4.2 APPLICABLE SANS STANDARDSThe following SANS specifications are also referred to in this document and the Contractor is advised to obtain them from Standards South Africa (a division of SABS) in Pretoria.


SANS 10396: 2003: Implementing Preferential Construction Procurement Policies using Targeted Procurement Procedures

SANS 1921-1 (2004): Construction and Management Requirements for Works Contracts Part 1: General Engineering and Construction Works

SANS 1921-1 (2004): Construction and Management Requirements for Works Contracts Part 2: Accommodation of Traffic on Public Roads.

SANS 1921-6 (2004): Construction and Management Requirements for Works Contracts Part 6: HIV I AIDS Awareness

The standardised specifications (SABS 1200) must be read in conjunction with the new SANS 1921 family of standards. In case of any discrepancy or conflict between the two, the SABS 1200 specification shall take precedence and shall govern.

Refer also to the Preface on interim situation until full suite of SANS Series of Specifications is available, on the first page of the Project Specification.

The term "project specifications" appearing in any of the SABS 1200 standardised specifications is deemed to be equivalent to the term "scope of work" in SANS Specifications.

C3.4.3 CERTIFICATION BY RECOGNISED BODIES

Wherever possible items and materials for construction of the works shall comply with the relevant South African Bureau of Standards Specifications and with the British Standards where these are applicable in the absence of local standards.

The Contractor, when using materials conforming to a Standard Specification shall if called upon furnish the Engineer with certificates of tests showing that the materials do so conform.


C3.4.4 EQUIPMENT AND MATERIALS SUPPLIED BY THE EMPLOYER The following material is to be supplied by the Employer:

None

C3.4.5 EXISTING SERVICES The position of existing services affected by the works is shown on the layout plan where possible.

The Contractors attention is drawn to the fact that the information regarding existing services is given in good faith and without guarantee. The Contractor must also liaise with the relevant authorities regarding existing services within the area and confirm/obtain details of existing services prior to commencing work on the site of works.

The contractor may be required to use detection equipment to confirm the physical location of underground services

The location or proving of existing services shall be undertaken immediately after the completion of the survey and setting out of the water line. The position of the existing services, once verified, shall be indicated on the layout plans as as-built information

C3.4.6 SITE FACILITIES AVAILABLEC3.4.6.1 Contractor's camp site and depot (Read with SANS 1921-1:2004

clause 4.14)

The Contractor will be permitted to locate his offices, storage facilities, workshops, latrines, etc, on a site approved by the Engineer, in liaison with the community. Temporary buildings and fencing are to be neat and presentable and the surrounding areas must at all times be kept in a neat, clean and orderly condition. The Contractor must not cut down or damage any trees nor make any excavation without the written permission of the Engineer and will be required to restore the site to its original condition on completion of the Works.

All buildings and latrines shall be in accordance with the Local Authority and State Heath regulations and shall be kept in a clean, sanitary condition to the satisfaction of the Engineer.

Refer to site layout in Appendix D.


C3.4.6.2 Accommodation of Employees

No employees except for security guards will be allowed to sleep or be accommodated on the site.

No housing is available for the Contractor's employees and the Contractor shall make his own arrangements to house his employees and to transport them to site.

No informal housing or squatting will be allowed.

The Contractor shall provide the necessary ablution facilities at his camp site and the site of the works for the use of his employees. Chemical toilets only will be allowed where temporary facilities have to be provided.

C3.4.6.3Source of Water Supply

The Contractor shall make his own arrangements for the supply of water for consumption and use during construction, testing and finishing. The contractor shall pay the necessary installation charges, monthly rentals and unit charges.

C3.4.6.4Source of Power Supply

The Contractor will be required to make his own arrangements with, and pay all the requisite connection and consumption charges to Eskom for whatever temporary power supplies he may require for his use on the site and his tender will be held to include for all such costs and charges.

C3.4.7 SITE FACILITIES REQUIRED

Facilities Required for the Engineer

C3.4.7.1Temporary/Permanent Offices


The Contractor is to provide a temporary office for use by the Engineer, maintain and service as applicable. The offices should be able to accommodate one full time Engineer’s Representative.

C3.4.7.2Laboratory Facilities

The Contractor will not be required to provide a testing laboratory on site for use by the Engineer.

C3.4.7.3Sanitary Facilities

The Contractor shall provide such screened latrines as are necessary for his employees and the Engineer’s Representatives, the siting of which shall be to the satisfaction of the Engineer. They shall be constructed and maintained in accordance with the requirements of Government, Provincial and/or Local Authority.

Pit latrines will not be permitted and chemical toilets would be preferred. The latrines shall be kept in a thoroughly clean, sanitary and orderly condition.

These facilities shall be provided within two days of the commencement of the Works and the Contractor shall strictly enforce their use.

Adequate sanitation and ablution facilities must be provided for construction workers, to avoid the use of open space and water courses as toilets or washing facilities.

Toilets and ablution facilities shall be connected to the municipal sewer, if available. 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 form 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 site to collect litter from the site and immediate surroundings.

C3.4.7.4Telephone Facilities


The Contractor will be required to provide a cellular telephone for use by the Engineer. It is envisaged that the bill shall not exceed R500 per month.

C3.4.7.5Housing Facilities

The Contractor will not be required to provide housing facilities for the Engineer's staff.

C3.4.7.6Parking Facilities

The Contractor will be required to provide at least one parking bay for the Engineer.

C3.4.7.7Engineer's Transport

The Contractor will not be required to provide transport for the Engineer’s staff.

C3.4.7.8Security

The Contractor will be responsible for providing adequate security for the Works and for the site establishment. All costs associated with the provision of security staff shall be borne by the Contractor and should be allowed for in the rates tendered for items in the Schedule of Quantities. No additional payments will be made for security measures taken during the contract period, other through the schedule items in the Schedule of Quantities.

C3.4.7.9 Refuse Containers and Disposal

Adequate containers, for the collection of refuse, shall be provided by the Contractor. All containers shall have lids. Arrangements for refuse disposal shall be made with the local authority. No separate payment shall be made for this item


PART C3

SECTION C3.5 – Project Specifications


C3.5PROJECT SPECIFICATIONS

PORTION 2: AMENDMENTS TO THE STANDARD AND PARTICULAR SPECIFICATIONS

INTRODUCTION

In certain clauses the standard, standardized and particular specifications allow a choice to be specified in the project specifications between alternative materials or methods of construction and for additional requirements to be specified to suit a particular contract. Details of such alternative or additional requirements applicable to this contract are contained in this part of the project specifications. It also contains additional specifications required for this particular contract.

The number of each clause and each payment item in this part of the project specifications consists of the prefix PS followed by a number corresponding to the number of the relevant clause or payment item in the standard specifications. The number of a new clause or payment item, which does not form part of a clause or a payment item in the standard specifications and which is included here, is also prefixed by PS, but followed by a new number which follows on the last clause or item number used in the relevant section of the standard specifications.


- END OF SECTION -


PART C3

SECTION C3.6 – Variations and Additions to Standard Specifications


C3.6 Variations and Additions to Standard Specifications

The following variations and additions to the Standard Specifications will be applicable to this Contract.

The various documents listed in Section C3.2.1 and C3.2.3 shall be treated as mutually explanatory. However, should any requirement of Section C3.2.2 conflict with any requirement of the Standardised Specifications or any requirement of the Particular Specifications, then the requirement of Section C3.2.2 shall prevail.


PSA GENERAL (SANS 1200 A – 1986)

PSA 2 INTERPRETATIONS

PSA 2.3 DEFINITIONS

Add to the definition for Acceptable/Approved (Approval) the following:

“The words ‘approval’ or ‘approved’ as used in this Specification shall mean that the materials or workmanship shall be approved by the Engineer. Where ‘approved materials’ are specified, these may only be incorporated into the Works after the Engineer has given his approval in writing to their use, and whom shall have the right to reject the same if they are not so approved.”

PSA 3 MATERIALS

PSA 3.1 QUALITY

Add to the Sub-Clause:

No used or recycled material may be used in the Works unless expressly authorized by the Engineer.

Materials specified as being to the approval of a Standards Bureau shall bear the official mark of the appropriate standard.

Samples of concrete aggregates, pipe bedding and pipe blanket material are to be delivered to an approved laboratory.

PSA 3.3 ORDERING OF MATERIALS (NEW ITEM)

Add the new Sub-Clause:

“The quantities set out in the Schedule of Quantities have been determined from calculations based on the data available at the time and should therefore be considered to be only approximate quantities. The liability shall rest entirely and solely with the Contractor to determine before ordering the required types and quantities of the various materials required for completion of the Works in accordance with the Specifications and the Drawings issued to the Contractor for construction purposes.

Any reliance placed on the Contractor on the estimated quantities stated in the schedule of Quantities issued for tendering purposes, or measurements made by the Contractor from the drawings issued for tendering purposes,


shall be entirely at the Contractor’s risk, and the Employer accepts no liability whatever in respect of materials ordered by the Contractor on the basis of Tender Documents.”

PSA 4 PLANT

PSA 4.2 CONTRACTOR’S OFFICE, STORES AND SERVICES (Refer SANS 1921-1

Clause 4.14)


Neither housing nor shelters are available for the Contractor's employees, and the Contractor shall make his own arrangements to house his employees and transport them to site.

The Employer will place an area of ground at the disposal of the Contractor within the project area to enable him to erect his site offices, workshops and stores. The temporary facilities and ablution facilities shall comply with the requirements of the Local Authority.

On completion of the Works or as soon as the Contractor’s facilities are no longer required the Contractor shall remove such facilities and clear away all surface indications of their presence. The site is to be rehabilitated as described elsewhere.

PSA 5 CONSTRUCTION

PSA 5.1 SURVEY

PSA 5.1.1 Setting Out of the Works


“The Contractor shall be responsible for the setting out of all of the works, including the pipeline routes (all), channel crossing, stormwater disposal point into existing channel, chambers positions and the reservoir position. A schedule of PI co-ordinates will be provided by the Engineer for the pipeline route, pipeline tie-in points, position of inlet chamber, outlet chamber, combined scour and overflow chamber, stormwater disposal point into the existing channel and the reservoir position. ”

“The Contractor will be required to set out the various sections of the Works in the order that he proposes to undertake the work as per his programme, at least one week prior to commencing work on these sections, to enable the


Engineer to check the design proposals in the field and thereafter to make any minor changes which he may deem necessary.”

PSA 5.1.2 Preservation and Replacement of Pegs Subject to Land Survey Act (Refer SANS 1921 - 1 Clause 4.15)


Before the commencement of construction work in the vicinity of boundaries, the Contractor, under the direction of the Engineer, shall search for plot pegs where boundaries have not been established by the erection of walls or fences and the Contractor shall compile a list of such pegs that are apparently in their correct positions. At the completion of the contract, the Contractor shall expose the pegs that were listed at the commencement of the construction and the Engineer will arrange for any such pegs that are missing to be replaced at the Contractor's expense.

All plot boundary pegs shall be marked with fencing droppers which shall be painted.

As the construction of the Works may necessitate the removal and re-location of certain survey beacons the Employer will make the necessary application to the Surveyor-General and, notwithstanding the provisions of Sub-Clause 5.1.2 will meet the costs of the re-survey by a Land Surveyor of these servitude beacons in their new position.

The Employer will accordingly indemnify the Contractor against all costs implied in Sub-Clause 5.1.2 in respect of those beacons which may have to be removed by the Contractor.

The Engineer will arrange for any pegs that are missing to be replaced at the Contractor's expense.

All survey reference marks shall be clearly marked and protected by the erection of three fencing standards.

PSA 5.4 PROTECTION OF OVERHEAD AND UNDERGROUND SERVICES


All services shall be treated as live until proven otherwise. The Contractor shall not commence work in an area until proper arrangements have been made for supervision of the work by the relevant authority.

The Contractor shall give assistance to service authorities with the location, protection and relocation of services controlled by that authority.


PSA 5.5 DEALING WITH WATER ON WORKS


“The Contractor shall take every step necessary to deal with water in the excavations, whether from rain, surface water, seepage, or stream crossing. He shall at his own cost provide all drains, shoring, de-watering pumps and other equipment, and any means for keeping the excavations dry throughout the construction period. An item has been included in the Schedule of Quantities to cover the cost of all such dealing with water (Provisional Sum?).”

PSA 6 TOLERANCES

PSA 6.2 DEGREES OF ACCURACY


“The Degree of Accuracy shall be II (two) except where otherwise specified.”

PSA 7 TESTING

PSA 7.1 PRINCIPLES

PSA 7.1.1 Checking


Every completed layer or section of the Works shall be subject to check testing by the Contractor. Once the Contractor has satisfied himself with the standard of his works, the Engineer will be requested to perform acceptance testing for the particular section. When giving notice, the Contractor shall provide the Engineer with the results of his check testing indicating that the work is to specification, or advise the Engineer in writing that although no tests have been performed he is confident that the specification has been met.

Failure by the Contractor to notify the Engineer or to provide the required information or, where specified, to perform the required test, will be grounds to exempt the Employer from payment for the associated work and for all subsequent work which would be affected by the failure of the work to be tested.

The Engineer will be under no obligation to the Contractor to perform the tests. If the Engineer elects not to perform a particular test after notification by the Contractor, he will issue the Contractor with a written instruction to proceed with the relevant works without the acceptance test being performed.


Nothing contained in this clause will relieve the Contractor of his responsibilities under the specification or in any way limit the tests, which the Engineer may call for or perform in terms of the specification.

PSA 7.1.1.3Checking of Work (NEW ITEM)

The Contractor must submit a Quality Control Management Plan to the Engineer for approval. The Plan must cover all procedures and measures that the Contractor will have in place to control quality of work. The scope and frequency of these checks must be in accordance with the Waypoint check sheets supplied by the Engineer in Annex 3 of Part C3.6 Annexes.

PSA 7.2 APPROVED LABORATORIES


The Contractor may provide his own site laboratory or make use of an external laboratory for his check testing.

The Engineer may provide site staff to perform basic acceptance testing such as penetrometer tests. More sophisticated acceptance testing such as nuclear density tests, the determination of maximum dry densities and sand displacement test shall be done by a laboratory approved by the Engineer. All sophisticated acceptance testing by the Engineer shall be paid by the Contractor through the contract.

PSA 8MEASUREMENT AND PAYMENT

PSA 8.2 PAYMENT

PSA 8.2.1 Fixed-Charge and Value-Related Items


“In the event of the total sums tendered for fixed-charge and value-related items exceeding 15% of the nett tender price (less the P & G items), only 15% will be paid out as a fixed sum in terms of the Clause, the balance being paid in incremental amounts over the period of the Contract as for time-related items.”

Notwithstanding the provisions of Sub-Clause 8.2.1 and 8.2.2, an approved extension of time will not qualify the Contractor to receive any payment for


that portion of fixed charge and value-related items which has become regarded as "time-related" items in terms of PS A 8.

PSA 8.4 SCHEDULED TIME RELATED ITEMS

PSA 8.4.5 Other Time Related Obligations

PSA 8.4.5.1Compliance with OSH Act Regulations (NEW ITEM)

“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 Mhlathuze Water Health and Safety Specifications as applicable to this contract. See Mhlathuze Health and Safety Specifications in the Particular Specifications.

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 the Mhlathuze Water Health and Safety Specifications.”

PSA 8.4.5.2 Compliance with Environmental Management Specifications (NEW ITEM)

“The rates and prices tendered by the Contractor shall be deemed to include all costs for conforming to and maintaining the requirements of the Mhlathuze Water Environmental Management Specifications. See the Mhlathuze Water Environmental Management Specifications in the Particular Specifications.Should the Contractor fail to comply with the provisions of the Construction Regulations, he will be liable for penalties as provided in the Environmental Management Specifications.

PSA 8.8 TEMPORARY WORKS

The Contractor shall be required to maintain existing access roads, tracks and river/stream bed crossings used by him throughout the Contract period. If necessary he shall upgrade and/or gravel any roads or tracks to enable use by a standard bakkie. On completion of the Works he shall ensure that no road surfaces are inferior to what they were before commencement of the Contract. An item has been provided in the Schedule of Quantities to cover the cost for maintaining and/or upgrading /re-instating such roads to their original or better condition.

The contractor shall be responsible for the design of all temporary works required to carry out the construction of the permanent works including but not limited to temporary formwork, ramps, access platforms, scaffolding, ladders and the like. The contractor shall timeously submit to the Engineer for approval, all drawing details, particulars, erecting instructions, etc of the


above temporary works which shall demonstrate compliance with applicable SABS loading capacity and stability requirements, as well as compliance with the relevant requirements of the Occupational Health and Safety Act as amended.

In addition to the submission of the above details, it shall be a requirement of the contract that all temporary works constructed on site be inspected and approved by the Contractor’s designer or approved competent person prior to use, who shall certify in writing that the installation is in accordance with the approved design details and is ‘safe for use’. Temporary works certified in this manner shall be clearly marked as such on site as inspected and ‘safe for use’.

The cost of all temporary works as well as the required design, drawing, submission of approval and certification on site and additional safety inspections required on site to ensure compliance in this regard shall be deemed to be included in the Contractor’s rates and overhead costs, unless specifically measured in the bill of quantities.

PSA 8.8.2 Accommodation of Traffic

Please replace clause A 8.8.2 with:

“Payment will be made for the accommodation of traffic as set out in clause PSA 5.9, and to the full satisfaction of the engineer. No additional payment will be made for the accommodation of traffic. The amount will be paid in equal payments for the duration of the contract, and with the construction period as specified by the contractor in section C1.1”

PSA 8.8.4 Existing Services


The following works that are executed by the Contractor on the instruction of the Engineer will be measured and paid for under "Daywork" rates.

(i) All additional work to locate and expose the existing service if the existing service is situated further than 2.0 m from the position indicated, (i.e., excluding the initial work within 2.0 m from the indicated position).

(ii) Work that is carried out by the Contractor with regard to existing services that are not indicated on the drawings and for which the Employer will carry the cost according to PSA5.4.

Other than payment of the cost of alterations to overhead services and for dealing with and protecting poles affected by the excavations, dealing with


and working below overhead wires will not be measured separately for payment as the costs thereof will be held to be covered by the other scheduled items.

PSA 8.8.7 Contractor to Provide As-built Information (NEW ITEM)

“The Contractor is to provide as-built information for the completed works, inclusive of the reservoir, all associated chambers, all associated pipework and the stormwater outfall into the existing channel.

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 Certification of Completed Works or portion of the Works shall be issued until such time as the Contractor provided the Engineer with this information.”

PSA 8.8.8 Coffer Dam Construction (NEW ITEM)

There are 3 phases of construction and each has it’s own coffer dam design which can be found on drawings in Appendix E. The existing pump station is to remain operational throughout construction.

Phase 1 (drawing 32823.00-100-04) includes coffer dams constructed by placing sand bags on top of the existing weir and downstream of the structure. A temporary brick wall must be constructed to seal off the construction area on the pump station side. The river flow will be diverted through the existing pump station sluice gates. The sluice gates must be opened during this phase.

Phase 2 (drawing 32823.00-100-05) includes coffer dams both upstream and downstream of the structure. The river flow will be diverted over the newly constructed portion of the weir. The sluice gates of the pump station must be sealed during this phase and a temporary sump with pump and flexible hose should be constructed behind them in case of leaks.

Phase 3 (drawing 32823.00-100-06) includes a coffer dam upstream of the weir. A temporary pipe must be placed to allow keep the pumpstation operational. The sluice gates can be unsealed and open or closed depending on the need. The river flow will be diverted over the newly constructed weir.


PSA 8.9 TESTING OF MATERIALS (NEW ITEM)

The Engineer reserves the right to carry out any test he deems necessary using commercial laboratories to ensure compliance of the materials supplied for use in the works with the requirements of the applicable SANS 1200 specification, or to ensure that the standard of workmanship meets the requirements of the Specification.

In the event of these check tests not meeting the requirements of the Specification, the cost of such tests shall be for the Contractor's account. If the tests meet with the requirements of the Specification, the Contractor will be required to pay the account of the laboratory concerned, but such payments will be recoverable under the provisional sum allowed for in the Schedule of Quantities. The Contractor's tendered mark-up must allow for arranging the necessary testing and for payment, if applicable, through the contract.

PSA 8.10 MISCELLANEOUS (NEW ITEM)

An item, which, in the payment clause column of the Schedule of Quantities, refers to this clause (PSA8.10), will be measured in the unit scheduled. The sum or rate for such item shall cover the cost of all material, labour and plant to execute and complete the work as specified, described in the Schedule of Quantities or shown on the drawing(s). Any items omitted in the schedule to complete the work successfully must either be allowed for in the rate or a separate item should be entered if so required.

PSA 8.11 HEALTH & SAFETY AND ENVIRONMENTAL CONTRACTS (NEW ITEM)

The Rate shall cover all measures and items required to comply to the relevant OHS Act and NEMA Act and the relevant specification under Health and Safety Specification and Environmental Management Plan will be paid under these items.

PSA 8.12 QUALITY CONTROL MANAGEMENT (NEW ITEM)

The Rate shall cover all measures and items required to comply to the quality control plan as provided by the Contractor and approved by the Engineer.

PSA 8.13 FREEHAUL AND OVERHAUL (NEW ITEM)

Notwithstanding any clauses in any of the standardised specification dealing with the definition or payment of transport, freehaul and/or overhaul, all haulage will be considered to be freehaul and the cost thereof to be covered by other rates in the Schedule, unless specifically scheduled or provided for in the document.


PSA 8.14 DIVERTING OF FLOW (NEW ITEM)

The rate for this item will include all labour, material and plant required to execute the diversion/separation of flow to create working space for required alterations. The rate shall make provision for working at night time.

PSA 8.15 MANAGING AND CONTROLLING SLUICE GATES (NEW ITEM)

The rate should cover communicating with the local pump station operators to ensure that the sluice gates can be opened or closed according to the immediate requirements on the constructions site.

PSA 8.16 DEALING WITH STORMWATER (NEW ITEM)

The cost of controlling stormwater will be held to be included for in the tendered sums for dealing with water, no separate payment will be made for this work. Protection up to 6.35m is dealt with under temporary works. This item is to allow for seepage and general water ingress during construction.

Controlling water levels to beneath 6.35m (height of the coffer dam berm) is dealt with and paid under PSA 8.14 and PSA 8.15. Should the water level rise to above 6.35m the site must be evacuated and the event should be regarded as an insurance claim, ie. payment will be done over and above material excavation.


PSAB ENGINEERS OFFICE (SANS 1200 AB - 1986)

PSAB 3 MATERIALS

PSAB 3.1 NAMEBOARDS

Notwithstanding Sub-Clause 3.1 of the Standard Specification, the name board shall be according to the attached pro-forma.

PSAB 3.2 OFFICE BUILDINGS

The Contractor is to provide one temporary building to serve as an office for the Engineers Representative and a Conference Room. The Conference Room shall have a minimum size of 4m x 6m, and over and above Sub-Clause 3.2 and be furnished with:

3.5m long by 1.5m, smooth surface, table 10 strong wooden chairs + 15 A power sockets Site Instruction Book

The Contractor shall also provide, maintain and service one ablution room for the exclusive use of the Engineer.

PSAB 3.3 SITE INSTRUCTION BOOK (NEW ITEM)

Throughout the construction period the Contractor shall supply a carbon triplicate book as a Site instruction book.

This book shall be kept on Site and shall be accessible to both the Contractor and the Engineer's Representative at all times. It shall be used as follows:

a) by the Contractor for:

- providing the Engineer’s Representative with any information regarding the construction of the works which may be requested,

and

- giving notification in writing as required by any of the relevant clauses of the General Conditions of Contract,

b) by the Engineer's Representative for the purpose of writing day to day instructions and confirming any verbal information or instructions given to the Contractor.

One copy of each site instruction issued by either party shall remain in the book.


PSAB 4 PLANT

PSAB 4.2 SURVEY EQUIPMENT (NEW ITEM)

The Contractor shall provide permanently on site the following survey equipment for use by the Engineer.

Automatic level with tripod and staff; All steel and wood pegs, concrete, hammers, picks, etc. that the Engineer

may require; Steel tape of length 50 m; Measuring wheel; No. ranging rods Two survey assistants; Protective Clothing; Safety and Medical Emergency Equipment etc.

PSAB 5 CONSTRUCTION

PSAB 5.5 SURVEY ASSISTANTS


In terms of PSAB5.5, suitable trained and experienced workmen to be used as Survey Assistants, and the assist with control testing shall be made available to the Engineer during working hours as and when required. As for as practical the same Assistant, who shall be able to speak English or Afrikaans, shall be allocated to the Engineer for the duration of construction


PSC SITE CLEARANCE (SANS 1200 C - 1982)

PSC 3 MATERIALS

PSC 3.1 DISPOSAL OF MATERIAL

Replace the words for “Material obtained from clearing…” to “…prior written approval for the Engineer” with the following:-

“The Contractor shall make his own arrangements for the disposal of material obtained from clearing and grubbing and from the demolition of structures, which material shall be removed from site.

The disposal site shall meet with the approval of Mhlathuze Water for land within the project area and the Local Authority within whose area it falls for land outside of the Nsezi WTW property. The spoiling shall comply with all the statutory and municipal regulations. No burning of material will be allowed on site.”

PSC 5 CONSTRUCTION

PSC 5.1 AREAS TO BE CLEARED AND GRUBBED

Replace the first sentence of clause 5.1 with the following:

Unless otherwise indicated by the Engineer, clearing and grubbing are limited to the Site. The Contractor may proceed with clearing and grubbing only as soon as the extent has become clear in writing or drawings from the Engineer.

Please add the following:

A strip of 15m will be required to be cleared or bush cut to allow for the contractor to gain access to the site. No-go areas must be clearly demarcated by means of hoarding of at least as stated in the Environmental Management Plan.

Replace the last sentence with the following:

The Contractor shall program his work in such a manner that re-clearing will not be necessary. The cost of re-clearing shall be borne by the Contractor

PSC 5.2 CUTTING OF TREES

PSC 5.2.3 Preservation of Trees

PSC 5.2.3.2 Individual Trees



Trees outside street and pipeline routes must be left standing and undamaged, except where otherwise ordered, in writing, by the Engineer.

A penalty as stated in the Environmental Management Plan for trees damaged and /or removed will be charged or enforced.

PSC 8 MEASUREMENT AND PAYMENT

PSC 8.2 SCHEDULED ITMES

PSC 8.2.1 Clear and Grub


“The Contractor’s tendered rate will include all costs for the transportation of all types of material which are to be removed from the source to the disposal site/s, regardless of the distance away from the source. The tender rate is inclusive of the loading and offloading of all types of materials which are to be disposed.”


“The Contractor will be required to clear and grub in accordance with the Mhlathuze Water Environmental Management Specifications for the site area within the fenced perimeter. A restricted working width of 10m may be imposed on the Contractor in certain areas as instructed by the Engineer”.

“The tenderer shall price his Square Metre rate to suit his construction methodology and to ensure conformance with the EMP.”

PSC 8.2.3 Remove and Grub All Trees and Tree Stumps Regardless of Girth

Due to large number of trees, the Contractor’s price is to include the removal and grubbing of all trees and tree stubs within the area defined by the Engineer – as per the General Arrangement Drawing.


“The Contractor is to identify a designated area to stack tree trunks prepared according to Clause 3.1. The designated site area is to be approved by the Client. The tendered rate is to include for loading, transportation and off-loading of tree trunks to from the source to the designated site.”

PSC 8.2.10 Remove Topsoil


Replace the following:

“Remove topsoil to nominal depth of 150mm and stockpile.”

With the following:

“Remove topsoil to nominal depth of 100mm and stockpile.”

Also add to the Sub-Clause:

“The Contractor is to identify the designated site for stockpiling and have the site approved by the Client. The designated site will be within the ground of the project area, unless otherwise requested by the Client or Engineer. The Contractor’s rate is to include the cost for the transporting of the material from the source to the designated stockpile area. In addition, this rate should include loading, offloading and maintaining of the topsoil”

PSC 8.2.5 Take Down Existing Fences


“Where it becomes necessary to take down existing fences, the Contractor’s price shall include for re-erection if necessary. Damage to fences shall be repaired at the Contractor’s cost to the satisfaction of the Engineer. A photographic record of the fence prior to disassembly is required.”


PSD EARTHWORKS (SANS 1200 D – 1990)

PSD 3 MATERIALS

PSD 3.1 CLASSES OF EXCAVATION

PSD 3.1.2 Material Classification

Delete Sub-Clauses 3.1.2 (d) and (e) respectively as no separate classification for boulder excavation will be permitted. Payment will only be allowed for the three classes specified under (a) namely soft material, (b) intermediate material and (c) hard rock (requiring removal by blasting and/ or pneumatic/hydraulic breakers).

PSD 5 CONSTRUCTION

PSD 5.1 PRECAUTIONS

PSD 5.1.1 Safety

The Contractor’s obligations in respect of safety and health are now covered by the Occupational Health and Safety Act (Act 85 of 1993) with which Act the Contractor must fully familiarise himself. This Act incorporates most of the requirements of the old Machinery and Occupational Safety Act and therefore the requirements of the whole of clause 5.1 (SANS 1200 D) remain applicable to this Contract. The Contractor’s obligations in respect of excavations shall include inter alia and as necessary all barricading, lighting, pedestrian crossings, vehicular bridges over trenches, shoring, warning notices, road signs, chevron tapes, etc, the cost of which shall be deemed to be included in the Contractor’s price rates for excavation. Furthermore, the Contractor shall employ watchmen to inspect that all protection measures are effective at all times.

Safety Meetings are to be held on a monthly basis between the contractor, his labour and a representative of the Project Steering Committee. Minutes of these meetings are to be tabled at the monthly Site meetings.

Daily ‘toolbox’ talks are required on site, in order to remind labour of the basic safety requirements, and to ensure that all labour are wearing the minimum safety clothing, boots and protective gear.

PSD 5.1.2.2Detection, Location and Exposure



“If the existing services are not shown on the drawings but the existence thereof can be reasonably expected, the Contractor shall, in conjunction with all relevant authorities, determine the exact depth and location of such services before the commencement of construction. After locating the exact position of services, whether indicated on the drawings or not, such services shall be deemed to be known services and the Contractor shall be liable for all costs and subsequent costs arising from the damage thereof as a result of the Contractor’s activities. These services must also be indicated on the “As-built” drawings. Postal and telecommunication services have to be contacted in advance to clarify all relevant cable positions before any excavations can commence.

All services must be located and opened for inspection by the Engineer before commencing trench excavation. Any costs or losses suffered by the Contractor as a result of not abiding by this specification will be for the Contractor’s account.”

PSD 5.1.3 Stormwater and Groundwater


In addition to the Contractor's responsibilities for dealing with water, which are deemed to be included in the rates tendered for the relevant payment items, the Engineer may order the Contractor to place a crushed stone-bedding layer (minimum thickness 150mm) on the trench bottom.

Should the trench bottom conditions remain unstable due to the nature of the soil and the degree of saturation, the Engineer may order the Contractor to install a Grade 3 filter fabric of minimum mass 150g/m² (geotextile as defined by the Provincial Administration: Western Cape, Roads Branch Specifications VOLUME 4) on the trench bottom prior to the provision of the stone layer. After placing the stone bedding, the filter fabric shall be folded over the stone with a minimum overlap of 300mm to form an enclosed drain. The specified bedding material shall then be used to bed the pipe.

The Contractor shall only provide and lay the stone bedding layer and filter fabric after receipt of the written order to do so from the Engineer.

PSD 5.1.4.1Dust Nuisance


“The Contractor is responsible for duct control and is liable for all claims that may result from duct nuisance on all parts of the site and at all times from the date of handing over of the site to the completion date of the contract. No


payment regarding the above mentioned will be made and all costs shall be deemed to be covered by the tendered rate.

PSD 5.2 METHODS AND PROCEDURES

PSD 5.2.2.1Excavation for General Earthworks

Add the following Sub-Clauses:

a) “Excavation for structures where outside shuttering is required shall be permitted for an additional width not exceeding 600mm around the structure measured at right angles to the face of the concrete to be shuttered. No payment will be made for excavation exceeding this allowance.”

“In the case of excavation by explosives in rock, a 100mm overbreak allowance is permitted and will be measured from the underside of the specified excavation lines or levels. However, if a blinding layer is indicated, overbreak will be measured from the uppermost surface of the blinding layer and concrete refilling shall be substituted for the blinding.”

Where the Contractor finds it impractical to use mechanical plant for excavation or to complete portions of the work due to restrictions caused by difficult access or the presence of existing structures, pipelines or services shown on tender drawings, the Contractor will be deemed to have satisfied himself as to the alternative requirements when entering rates against the appropriate items in the Bill of Quantities as no claim for extra payment based on the inability to use plant in such circumstances will be considered.

The onus will be on the Contractor, when proposing to use heavy plant or equipment to complete work in close proximity to an existing structures, pipelines or services, to determine the effect of the vibration loading from the plant or equipment on the supporting ground or foundation and the structure, pipeline or service and take all necessary steps to ensure that the stability or integrity of the element concerned is not compromised by the particular selection and use of plant or equipment.

Any damages caused to existing elements directly or indirectly arising out of the use of plant and equipment in close proximity shall be made good, to the satisfaction of the Engineer by the Contractor at his own expense.

Excavation methods and cut slopes are to be done in accordance with the Geotechnical Engineer’s Report. During the excavation process, the Contractor is to make arrangements with the Engineer and the Geotechnical Engineer to conduct an onsite assessment of the excavation and soils. The Geotechnical Engineer is to provide a recommendation as to whether the


Geotechnical Report still stands, or whether amendments to the report are required in accordance with the site findings.

PSD 5.2.2.2 Borrow Pits


“A commercial source shall, for the purpose of this Specification, mean a source of material provided by the Contractor, not the Employer.

Where it is specified that material shall be obtained from commercial sources, the Contractor shall be responsible and include in his price for materials from commercial sources, for finding a source of suitable material, for making all arrangements for procuring the material with the owner of the source, for the payment of any royalties, charges or damages and for transporting the material to the site regardless of the distance involved.

No payment will be made for the removal of overburden or stockpiling at the commercial source and no extra over payment for excavating in intermediate, hard or boulder material shall apply.”

PSD 5.2.5 Transportation of Material

Delete the contents of Sub-Clause 5.2.5.1 and Sub-Clause 5.2.5.2 and replace with:

“All movement of materials from commercial sources, borrow pits selected by the Contractor, cut, fill, trench excavations and spoil materials will be included in the Contractor’s tendered rate. This is inclusive of the transportation of all materials, as well as the loading and off-loading of all materials.”

PSD 8 MEASUREMENT AND PAYMENT

PSD 8.3 SCHEDULED ITEMS

PSD 8.3.2aExcavate in all materials and use for embankment or backfill or dispose, as ordered


“…transportation within the free haul distance…”

With the following:

“…transportation regardless of distance…”


Also add the following:

“The tendered rate for the cut to spoil is to include for the transportation and disposal of the material off site, unless otherwise instructed by the Engineer, regardless of distance.

The tendered rate for the cut to stockpile is to include for the stockpiling of material on site. The rate must include maintaining the stockpiled material for later use.”

PSD 8.3.3b Excavate for restricted foundations, footings and pipe trenches in all materials and use for backfill or embankment or dispose


“…transportation within the free haul distance…”

With the following:

“…transportation regardless of distance…

PSD 8.3.8.1c Excavate by Hand in Soft Material


“Excavate by hand in soft material to expose the existing pipes The rate will cover all costs for exposing the existing as instructed by the Engineer on site.”

PSD 8.3.14 Dewatering of Excavation for the Duration of the Contract (NEW ITEM)

1 ) Provide equipment ........................................................................ Unit: Sum

2) Operate and maintain ..................................................................... Unit: Sum

3) Remove equipment ......................................................................... Unit: Sum

The sums for the provision and removal of equipment shall cover the cost of providing the necessary plant or materials or both, fully erected and operative on the Site, and of removing such goods and restoring the Site to its original condition on completion of that part of the project for which the temporary works were erected. The rate for operation and maintenance shall cover the cost of operating and maintaining the pumps, well points, sheeting, close


timbering and other equipment, as applicable, for 24 h a day, 7 d a week throughout the period during which, in the opinion of the Engineer, the facilities are required

The cost of dewatering shall also include the services of any professional consultant or industry specialist to design and approve the implementation of the system as required, to ensure the safety of all embankments for the duration of the contract


PSF PILING (SANS 1200 F – 1983)

PSF 7.9 Pile integrity test method (NEW ITEM)

The purpose of integrity testing is to prove that the construction techniques employed to create a bored or augured pile is satisfactory in terms of quality assurance with respect to aspects such as necking of concrete in the pile shafts, checking concrete cover to reinforcement, checking for honeycombing or grout loss, segregation of aggregate inclusion and for large cracks or voids.

PSF 7.9.1 Cross-Hole Sonic Logging (CSL)

This method is used to verify the integrity of the pile shaft particularly in the case of larger diameter piles.

By sending ultrasonic pulses through concrete from one probe to another (probes located in parallel tubes), the CSL procedure inspects the drilled shaft structural integrity and extent and location of defects, if any. At the receiver probe, pulse arrival-time and signal strength are both affected by the concrete. For equidistant tubes, uniform concrete yields consistent arrival times with reasonable pulse wave speed and signal strengths. Non-uniformities such as contamination, soft concrete, honeycombing, voids, or inclusion exhibit delayed arrival times with reduced signal strength.

An optional Base Integrity Test (in order to establish the quality of the pile base/end bearing contact via the CSL tubes)

Personnel Requirements

The CSL consultant shall have a registered professional engineer supervising the testing and interpretation of results. The CSL consultant shall be an independent testing agency with at least 3 years experience in CSL testing. The consultant’s qualifications and the specifications for the equipment used shall be submitted to the engineer for approval prior to beginning bored or augured pile shaft installation.

Equipment requirements

A Cross Hole Analyser (CHA) that meets the following minimum requirements:

(1) Computer based CSL data acquisition system for display of signals during data acquisition, with a minimum 12 bit A/D converter with a sampling frequency of at least 500 000Hz, and recording of all pulse signals for full analysis and individual inspection.


Note: Converting signals with low noise using high A/D resolution and sampling rates is important to obtain quality data and allow proper full data interpretation.

(2) Ultrasonic transmitter and receiver probes capable of producing records at a minimum frequency of 50 000Hz with good signal amplitude and energy through good quality concrete. The probes shall be less than 28mm in diameter and shall freely descend through the full depth of properly installed access tubes in the drilled shafts.

(3) Two depth sensors to independently determine transmitter and receiver probe depths.

(4) Triggering of the recording system time base with transmitted ultrasonic pulse.

Access tube preparation

The access tubes in each drilled shaft are indicated on the drawings. Every drilled shaft shall be equipped with access tubes to permit inspection by CSL. All permanent drilled shafts are to be tested by CSL. 50mm (minimum) nominal diameter 3mm wall thickness mild steel tubes are specified for access for the probes in each drilled shaft. Typically 3 to 4 tubes are used, although up to 6 may be used in larger piles. Round tubes with regular internal diameter free of defects and obstructions, including any tubes joints, to permit the free, unobstructed passage of the probes shall be used. Tubes shall be watertight and free from corrosion with clean internal and external faces to ensure a good bond between the concrete and tubes. Tubes may be extended with mechanical couplings. Duct tape or other wrapping materials to seal the joints and butt welding of joints are prohibited. Tubes shall be installed by the contractor such that the CSL probes will pass through the entire length of the tube without binding. Ensure that the access tubes are plumb and verify that unobstructed passage of the probes is achievable before the CSL consultant arrives.

Note: If an existing pile does not contain access tubes, access holes can be installed by coring a borehole in the concrete. Locate cored holes about 150mm inside the reinforcement cage. Log core holes and include descriptions of any inclusions or voids. For pile drilled shafts with access tubes that do not allow the probe to pass through the entire length of the tube due to poor workmanship, replacement access holes may be provided by core drilling.

Fit the tubes with watertight shoe in the bottom and a removable cap on the top. Secure the tubes at regular intervals not to exceed 1,0m to the interior of the reinforcement cage. Install the tubes uniformly and equidistantly around


the circumference such that each tube is spaced parallel for the full length and at the maximum distance possible from each adjacent tube. Tubes should be spaced as far as possible from the main axial reinforcing steel. Extend the tubes to within 300mm of the bottom of the pile, and at least 1,0m above the drilled shaft tops, and at least 0,6m, but no more than 1,5m above the ground surface. Do not damage the tubes during installation of the reinforcement cage.

Note: Do not allow the tube to rest on the bottom of the drilled shaft excavation.

After placement of the reinforcement cage, fill the access tubes with clean fresh water as soon as possible but within at the latest one hour of concrete placement. Cap the tube tops to prevent debris from entering the access tubes. Do not apply excessive torque, hammering or other stresses that could break the bond between the tube and concrete when removing caps from the tubes.

Note: The tubes should preferably be filled with water prior to concrete placement, but MUST be filled with water within at most 4 hours after placing concrete to prevent debonding of the access tubes due to differential temperatures.

Test sequence

Test the drilled shaft no sooner than 3 calendar days after placement of all concrete in any drilled shaft, but within 10 days after placement and prior to loading for test drilled shafts, or within 45 days after placement on production drilled shafts.

Note: CSL testing can be performed any time after concrete installation, although 2 days is usually the minimum acceptable wait. Because the concrete strength and quality generally increases as the concrete cures, longer wait times are usually desirable, particularly if minimum pulse wave speeds are specified or to reduce result variability between drilled shafts or even as a function of depth in a single drilled shaft. However, if PVC tubes are used, long wait times increase the tube debonding, which is detrimental to the test. Production of drilled shaft installation and subsequent construction influence the dates of CSL testing.

After all CSL testing has been completed, and after acceptance of the drilled shaft by the engineer, the contractor shall remove the water in the tubes, place grout tubes extending to the bottom of the access tube, and fill all access tubes in the drilled shafts with grout.

Test procedures


Prior to CSL testing, the contractor shall provide the engineer and CSL consultant with a record of all drilled shaft lengths with elevations of the top and bottom, and installation dates of all drilled shafts. The access tubes shall be clearly labelled for identification by the CSL consultant.

The CSL testing shall be performed with the transmitter and receiver probes in the same horizontal plane in parallel tubes unless test results indicate potential defects, in which case the questionable zone may be further evaluated with angled tests (source and receiver vertically offset in the tubes). Using the labelling established for the tubes, perform CSL testing between all adjacent perimeter access tube pairs and across at least two major diagonals within the drilled shafts with more than four tubes, additional logs in other diagonal tube pairs may be required to estimate the extent of the defect.

Lower the probes from the top, effectively measuring the access tube lengths. Pull the probes simultaneously, taking CSL measurements at intervals of 50mm or less from the bottom to the top of the drilled shaft. Defects indicated by late pulse arrival times and significantly lower amplitude/energy signals shall be immediately reported to the engineer. Additional tests such as the offset elevation CSL testing may be required by the engineer to further evaluate the extent of such defects. If debonding between the access tube and the concrete is indicated by the CSL results, an alternative test method will be required to determine the integrity of the concrete in the debonded region.

Note: In case defects are detected, additional tests or analysis options may include CSL tomography, Gamma-gamma nuclear density logging, sonic echo or impact response tests, high strain dynamic pile testing, static load testing, or concrete coring. If the drilled shaft is cored, an accurate log of the cores that include depth and core recovery shall be kept, and core and coring logs shall be properly identified and given to the engineer.

Results

Present the results of the CSL in a written report within five (5) working days of completion of testing. The report shall include presentation of CSL logs for all tested tube pairs including:

(1) Presentation of the traditional signal peak diagram as a function of time plotted versus depth.

(2) Computed initial pulse arrival time or pulse wave speed versus depth.


(3) Computed relative pulse energy or amplitude versus depth.

A CSL log shall be presented for each tube pair. Defect zones, if any, shall be indicated on the logs and their extent and location discussed in the report text. Defect zones are normally (see Note below also) defined by an increase in arrival time of more than 20% relative to the arrival time in a nearby zone of good concrete, indicating a slower pulse velocity.

Note: Because the tubes might not be perfectly straight or even parallel, a fixed absolute limit of a wave speed value cannot be used for evaluation. It should also be noted that if the referenced good concrete exceeds the specifications, then a concrete with a local 20% wave speed reduction might still exceed the specifications.

The log for each tube pair shall be clearly identified and oriented relative to the structure. The engineer shall have five (5) working days to evaluate the results and determine whether the drilled shaft construction is acceptable or not. The contractor shall not perform any load testing or other construction associated with these drilled shafts until after acceptance by the engineer. If the drilled shaft is accepted by the engineer, the contractor may then proceed with construction. If the engineer determines the drilled shaft is not acceptable, the drilled shaft must be cored, repaired or replaced by the contractor at the contractor’s expense and with no increase in contract time.

PSF 7.9.2 Base integrity test

In order to establish the quality of the pile/base rock contact, a base integrity test shall be performed. This shall be accomplished in the following manner:

(1) The 85mm diameter tubes for the “Cross Hole Sonic Logging” shall be installed to within 300mm of the base pile of the pile. The base of the tubes shall be sealed square with a water tight seal.

(2) NX (55mm) diameter cores shall be drilled within 85mm diameter tubes, through the remaining 300mm of pile concrete and for a distance of 1200mm into the rock at the toe of the pile. The core shall be carefully retrieved with drill string lengths and datums noted. This core shall be marked and carefully placed inside a plastic sheath such that the actual condition of the interface between pile and rock is not disturbed. The core shall be temporarily stored in a core box for later inspection.

At the completion of the test, and when instructed by the engineer, the complete assembly to the top of the pile shall be filled with non-shrink grout of at least 30MPa strength. The hole shall be filled from the bottom up.

PSF 8.2.27 Pile Integrity Testing on bored/augured piles (NEW ITEM)


(a) Providing and installing 85mm diameter mild steel tubes used for “Cross Hole SonicLogging” in all designated piles (per pile construction site) metre (m)

(b) Cross-Hole Sonic Logging tests and interpreted results (per pile diameter and per pile construction site) metre of pile (m)

(c) Base integrity tests (per designated pile, per pile construction site):

Grouting up all CSL tubes after successful testing cubic metre (m3)

The unit of measurement shall be the volume of grout used to fill all the tubes used for sonic testing and the cores.

The tendered rate shall include full compensation for the grout, equipment and all labour used to fill the tubes and cores. The grout shall have a compressive strength of at least 30MPa.

The unit of measurement for subitem (a) shall be the number of 4.0m long calibration reinforced concrete bored piles provided complete with the required number (and length) of 85mm mild steel tubes to facilitate CSL testing and constructed similarly to the proposed working piles.

The unit of measurement for subitem (b) for the 85mm nominal diameter mild steel tubes shall be the metre of approved 3mm thick tubes provided and installed into all designated piles of various diameters in accordance with the specification.

The unit of measurement for subitem (c), viz for the Impact Frequency Response tests shall be the number of designated piles tested by the IFR method as compensation for establishment on site, procurement, preparation, conducting and supervising the tests and full compensation for the proper evaluation and reporting of the results and findings to the engineer, by the IFR consultant.

The unit of measurement for subitem d), i.e. the CSL tests, shall be the metre of pile shaft fully tested (for all designated piles) using the Cross-Hole Sonic Logging method, and shall include full compensation for establishment and removal of all specialised equipment and expert personnel as well as for all materials, for the preparation and conducting and supervising the tests as well as full compensation for the proper evaluation and reporting of the results as well as the interpreted findings/conclusions/recommendations to the engineer by the CSL consultant”.


PSG CONCRETE (STRUCTURAL) (SANS 1200 G - 1982)

PSG 2 INTERPRETATIONS

PSG 2.3 DEFINITIONS


A Constructional joint: a joint required on account of constraints or convenience in the method of construction and that is not a movement, contraction or expansion joint.

PSG 2.4 EXPLANATION OF TERMS

PSG 2.4.1 Exposure Condition


All Concrete on the Works shall be as specified for severe exposure condition.

PSG 2.4.2 Strength Concrete


Grade 30MPa/40mm means strength concrete grade 30 MPa with 40 mm stone.

PSG 2.4.3 Joints


Notwithstanding Subclause G2.4.3, designed joints will only be joints that are shown on the drawings. Any other joints that are required by the contractor as a result of his construction constraints or for any other reason, whether approved by the Engineer or not, will not be considered to be designated joints as defined in Subclause G2.4.3, i.e. they will be considered to be non-designated joints.

PSG 3 MATERIALS

PSG 3.2 CEMENT

PSG 3.2.1 Applicable Specifications



All cement used in the works shall be ordinary Portland cement complying with SANS 471.

PSG 3.2.3 Storage of cement


Cement shall be used in the order in which it is received. Unless approved by the Engineer, cement kept in storage for longer than 8 weeks shall not be used in the Works. Any cement that contains lumps that cannot easily be crumbled to powder between the fingers may not be used.

PSG 3.3 WATER


Only potable water from an approved source may be used for mixing concrete.

PSG 3.4 AGGREGATE


The nominal stone size specified in the concrete grade (e.g. 30 MPa/40 mm) shall mean stone conforming to the grading specified in SANS 1083 for the nearest equivalent size, i.e. 40 mm means stone that complies with SANS 1083 for 37,5 mm size.

PSG 3.4.1 Samples (NEW ITEM)

At least one month before commencement of concrete work the contractor shall supply, at his own cost, representative samples to the engineer of the aggregates he intends using, together with certificates from an approved laboratory indicating that the aggregates comply with the specifications. Approximately 50 kg of each sample of aggregate shall be supplied. After approval, these samples shall be taken as standard for the agreed aggregates to be used in the Works. If at any time during the course of the Contract the Engineer considers that there has been any deviation from the approved standard the contractor shall submit further tested samples of material to the Engineer for approval.

PSG 3.4.2 Granolithic screed (NEW ITEM)

Granolithic screed shall consists of:


Cement 1 part by massSand 1,25 parts by massCoarse aggregate 2 parts by mass

The coarse aggregate shall consist of granite or other approved chips, which shall pass a 10mm sieve and be retained on a 5mm sieve. The cement/water ratio of the mix shall be at least 2,0.

PSG 3.5 ADMIXTURES


The use of admixtures will be subject to the approval of the Engineer.The information listed in sub-clause G3.5.1 shall be provided.

PSG 3.9 JOINTS (NEW ITEM)

The joint materials shall be resistant to ultraviolet light and to biological degradation.

PSG 4 PLANT

PSG 4.3 MIXING PLANT


Standby mixers of adequate capacity and with an independent power unit. Unit shall be maintained on site for immediate use in the event of breakdown of the regular mixers or failure of the power supply.

PSG 4.4 Vibrators


Standby vibrators of adequate capacity and with an independent power unit. Unit shall be maintained on site for immediate use in the event of breakdown of the regular vibrators or failure of the power supply.

PSG 4.5 FORMWORK

PSG 4.5.3 Ties



The use of sleeves for formwork ties through the walls of water-retaining structures will not be permitted. Ties, when cast in, shall have some form of positive anchorage to prevent any rotation when loosening formwork.

PSG 4.5.4 Chamfers and Fillets (NEW ITEM)

Air exposed external angles in concrete work shall have 20 mm x 20 mm chamfers unless otherwise specified or ordered, but the top edge of a slab that is to receive and applied finish shall not be chamfered.

Internal corners in concrete work need not have fillets unless such fillets have been specified on the drawings or ordered by the Engineer.

PSG 4.6 WATER-BATH (NEW ITEM)

A temperature-controlled water-bath shall be provided on site. The water-bath shall be located under cover.

PSG 5 CONSTRUCTION

PSG 5.1 REINFORCEMENT

PSG 5.1.2 Fixing


Fixing of reinforcing bars by welding and heating of bars will not be permitted.

PSG 5.1.3 Cover

Replace following words in clause G5.1.3:

“any bar or stirrup”

With the following words:

“any bar, secondary reinforcement, tie stirrup, tying-wire knots or wire ends”.

Please add the following:

Tying wire may not encroach on the specified minimum cover by more than a single strand thickness. The cover to steel reinforcement shall not be less than 50 mm.


PSG 5.1.6 Spacers (NEW ITEM)

Spacers of approved design include approved plastic or other proprietary spacers, or purpose made precast mortar blocks.

Where mortar blocks are being used they shall be properly shaped so as to slip out of position and shall be made of the same mix as the mortar of the concrete in which they are to be placed. The mortar shall be well compacted by approved means into the moulds to result in blocks with a density of at least 2 300 kg/m; and which are free from honeycombing. The mortar blocks shall be cured in water for at least 7 days. Blocks which have not been manufactured and cured strictly in accordance with these requirements or which are in any other way considered unsatisfactory by the Engineer, will be rejected and shall be removed from the site.

PSG 5.2 FORMWORK

PSG 5.2.1 Classification of finishes


Formwork for formed concrete surfaces against which backfill will be placed shall be rough. Formwork for formed concrete surfaces shall be smooth, except where otherwise specified.

PSG 5.2.2 Special Smooth Finish


All concrete surfaces that will be exposed above the final ground levels shall have a special smooth finish to a Degree of Accuracy of 1. The formwork used shall be high-grade, unblemished and regular in size. Formwork ties shall be placed in a regular pattern. The special smooth finish shall be an off-shutter finish to the concrete such that no after treatment is required other than at the positions of formwork ties.

PSG 5.5 CONCRETE

PSG 5.5.1 Quality

PSG 5.5.1.1 General


The concrete mix design for strength concrete must be prepared in an approved laboratory and the results of actual test mixes must be submitted


for approval together with 7-day and 28-day strength test results. Special attention is drawn to the fact that the concrete mix used for water retaining structures must provide a very dense and impervious concrete.

No concrete shall be cast until the mix designs have been approved by the Engineer. The Engineer may call for revised mix designs at any stage during the Contract.

PSG 5.5.1.4 Chloride content


With reference to Table 4, efflorescence will not be acceptable on any exposed concrete surface.

PSG 5.5.1.7 Strength Concrete


With the exception of mixes weaker than 15MPa, all concrete for structural units/the Works shall be considered to be strength concrete in terms of Subclause G5.5.1.7. Unless otherwise specified, all structural concrete shall be Grade 30 MPa.

PSG 5.5.7 Construction joints


The edge of joints, exposed to view in the finished structure, shall be formed with suitable beads to provide a straight edge true to line and level. As soon as practical, but not before 15 hours after placing, the construction joint surface shall be prepared to receive fresh concrete. This preparation, as specified in G5.5.7.3(a) to (d), shall be such as to improve all laitance or inert and strength less material which may have formed and the specified chipping or sand blasting, shall be such as to produce a roughened surface all over. When concerting is interrupted, concrete surfaces shall be protected from the sun as specified in Subclause G5.5.8(d) of by means of hessian kept damp until concerting is resumed.

PSG 5.5.7.4 Formed Joints - Generally vertical or near vertical (NEW ITEM)

Formed joints will be considered to be designated joints as defined in Subclause G2.4.3. The forming of a straight edge to a joint as specified in PSG5-4,1 does not constitute a formed joint.


Each joint shall be formed as shown on the drawings, complete with shear keys rebates, waffle formwork, V-feature, waterstops, Flexcell or similar joint filler, dowel bars and their PVC tubes, etc. as indicated.

PSG 5.5.7.5 Joints between Floors, Walls and Pillars (NEW ITEM)

Construction joints between foundations or footings and walls, or piers standing on them, shall not be made flush with the supporting surface, but shall be made at a distance above the floor or footing shown on the drawings or approved by the Engineer. The kicker (starter stub) shall be cast as an integral part of the bottom, floor or footing.

PSG 5.5.8 Curing and protection

PSG 5.5.8.1 Horizontal Surfaces (NEW ITEM)

The surfaces of the concrete lining to the canal shall be treated with a curing compound complying with PSG5-5,3. Other horizontal or near horizontal surfaces shall be treated in accordance with Subclause G5.5.8.

PSG 5.5.8.2: Formed Surfaces (NEW ITEM)

In order to improve the effectiveness of the curing treatment, the specified minimum time for the removal of the formwork shall be four days.

PSG 5.5.8.3 Curing compound (NEW ITEM)

The use of membrane curing compounds will be allowed on vertical faces or steeply inclined faces (i.e. steeper than 45° to the horizontal) of cast in-situ members of the structures subject to the contractor producing sufficient, satisfactory cube crushing strength test results where the crushing strength of cubes which have been cured with the proposed curing membrane and left exposed to the elements are compared with those of an equal number of water cured cubes. The crushing strength of the cubes cured with the proposed membrane shall be at least 85% of the crushing strength of the water cured cubes.

The timing of power-floating is critical to its success. Power-floating steel shall not commence until the concrete can support the weight of a man without indentation and until the moisture sheen has disappeared. Thus several hours will have to elapse after concreting has been completed before this operation can commence. Night work may therefore be required.


This main objective of power floating the mortar skim on the no-fines under drainage layer is to achieve a plane, smooth surface. This need not be dense.

PSG 5.5.9 Adverse Weather Conditions

PSG 5.5.9.2 Hot Weather Conditions


No placing of concrete shall take place if the ambient temperature exceeds 32 °C, or likely to rise to above 32 °C during the casting period or eight hours after casting is completed.

If concrete is to be cast during times of high ambient temperature or hot drying winds, the Contractor shall be responsible for taking the necessary steps keeping the placement temperature as low as possible. Such steps include the spraying of the coarse aggregate with water, the painting of silos with a reflecting aluminium paint, the insulation of tanks and pipelines, and the protection of concrete ingredients against the direct rays of the sun. The area of the pour shall be shaded before and during concreting and the concrete shall be shaded from the time of mixing until eight hours after placing.

Windbreaks shall be erected if necessary.

PSG 5.5.10 Concrete surfaces

PSG 5.5.10.1 Exposed surfaces


Screeded finish

After placing and compacting, the concrete on a top (unformed) surface shall be struck off with a template to the designated grades and tampted with a tamping board to compact the surface thoroughly and to bring mortar to the surface, leaving the surface slightly ridged but generally at the required elevation. No mortar shall be added, and noticeable surface irregularities caused by the displacement of coarse aggregate shall be made good by re-screeding after the interfering aggregate has been removed or tampted.

PSG 5.5.10.2 Wood-floated finish or Steel-floated finish or power-floated finish…



Wood-floated finish

Where wood-floating is ordered or scheduled, the surface shall first be given a finish as specified in PSG5.5.10.1(a) and, after the concrete has hardened sufficiently, it shall be wood-floated, either by hand or machine, only sufficiently to produce a uniform surface free from screeding marks.

Steel-floated finish

Where steel-floating is specified or scheduled, the surface shall be treated as specified in PSG5.5.10.1(a) except that, when the moisture film has disappeared and the concrete has hardened sufficiently to prevent laitance from being worked to the surface, the screeded surface shall be steel-trowelled under firm pressure to produce a dense, smooth uniform surface free from trowel marks.

Power-floated finish

Where power-floating is specified or scheduled the surface shall be treated as specified in PSG5.5.10.2(a) except that when the moisture film has disappeared, and the concrete has hardened sufficiently to prevent laitance form being worked in the surface, the screeded surface shall be power floated to produce dense, smooth and uniform surface free of all trowel marks. In corners and areas of restricted access the concrete surface shall be finished by steel floating in accordance in PSG5.5.10.1(a).

The timing of power-floating is critical to its success. Power-floating steel shall not commence until the concrete can support the weight of a man without indentation and until the moisture sheen has disappeared. Thus several hours will have to elapse after concreting has been completed before this operation can commence. Night work may therefore be required.

The main object of power floating the mortar skim on the no-fines underdrainage layer is to achieve a plane, smooth surface. This needs to be done.

Broom-swept finish

Where broom-swept finish is specified, the surface shall be treated as specified in PSG5.6.2 and hereafter swept transversely (to the direction of the roadway paving) with a stiff bristle broom to produce an approved no-skid finish.

PSG 5.5.14 Defects


PSG 5.5.14.2 Prevention and repair of plastic shrinkage cracks (NEW ITEM)

The contractor shall take whatever measures are necessary to prevent plastic shrinkage cracking in the concrete. Particularly on dry windy days or hot sunny days the contractor shall make provision for fine spraying of the concrete with black plastic sheeting. It may be necessary to change the aggregates or the concrete mix proportions.

If plastic shrinkage cracking occurs, the cracks shall be closed up by re-vibrating the concrete with a poker vibrator, within about three hours of casting. Once the cracks have been closed, the concrete shall be kept thoroughly wet, or covered with plastic sheeting for at least a further three hours.

PSG 5.6 GRANOLITHIC SCREEDS (NEW ITEM)

PSG 5.6.1 General

Before placing any granolithic screeds the base concrete shall be chipped to expose the aggregate over 100% of the area to be screeded and soaked with water for at least 24 hours.

The base concrete shall be thoroughly cleaned by scrubbing and all standing water removed after soaking. A 1:2 cement/sand grout shall then be brushed into the prepared surface followed by the granolithic screed before the grout sets. The granolithic screed shall be of the driest feasible consistency with a slump not exceeding 50mm and shall be formed true to profile and shape as required and shown on drawings. Before placing granolithic screed against and adjacent band of granolithic screed the edge of the latter shall be prepared by chipping back to firm material, wire brushing and brushing with grout as for the base concrete.

Granolithic screed shall be compacted to remove all air and shall be screeded and finished with a steel trowel to Degree of Accuracy 1.

The trowelling shall be carried out in the following stages:

First – as soon as the granolithic screed has been compacted and screeded.Second – after 2 hours to close the surface and remove laitance.Third – after a further 24 hours.

The time intervals are estimated as appropriate to normal temperature conditions and shall be varied by the Contractor to ensure a smooth dense finish.


Granolithic screed shall be cured as specified in Subclause G5.5.8(b) but shall additionally be protected from direct sunlight and drying winds as it is being placed.

All screeding necessary to accommodate mechanical equipment shall be done under the equipment supplier’s supervision and in strict accordance with his instructions. It shall be commenced as soon as the equipment supplier give notice on completion of erection and shall be finished expeditiously.

The Contractor shall make good any damage to the mechanical equipment resulting from his personnel not following the supplier’s instructions. Any spillage on the equipment shall be cleaned off immediately.

PSG 8 MEASUREMENT AND PAYMENT

PSG 8.1 MEASUREMENT AND RATES

PSG 8.1.1 Formwork

PSG 8.1.1.7 Edges of Blinding Layer (NEW ITEM)

No separate payment will be made for formwork to the edge of the blinding layer. The rates tendered for concrete to be blinding layer shall cover the cost of such formwork.

PSG 8.1.1.8 Kickers (NEW ITEM)

Formwork to the edges of kickers will be measured as plain vertical or plain circular as applicable (not as narrow widths ).

PSG 8.1.2 Reinforcement

Add to the Sub-Clause: Notwithstanding the method of measuring and paying for reinforcement specified in Subclause 8.1.2.2 and 8.1.2.3, reinforcement will be measured and paid for as scheduled.

PSG 8.1.3 Concrete

PSG 8.1.3.3 The unit rates shall cover



(a) The cost of the preparation of design mixes by an approved laboratory and submission for approval by the Engineer (PSG5-3.1)

(b) The cost of non-designated joints (PSG2-2,4 )(c) Screeded finish of unformed surface as specified in PSG5-6,1 and (d) Wood-floated finish to exposed surfaces as specified in PSG5-6,2

PSG 8.5 Joints


Only designated joints as shown on the drawings will be measured for payment according to the length of each type of joint constructed (PSG2-4). The rate shall cost of all materials, labour and plant required to construct each type of joint specified on the drawings, including the cost of all shuttering, treatment of the joint as specified in Subclause G5.5.7.3, the provision of chamfers as specified where concrete is exposed, as well as testing the repairing where necessary.

Non-designated joints will not be measured for payment.

PSG 8.5.1 Formed joints (NEW ITEM)

Formed joints will be measured by the plan area of the joint.

The rates shall cover the cost of all operations and materials specified in Subclause G5.5.7 and PSG5-4,2, and detailed on the drawings such as joint filler, dowel bars and tubes, bitumen coats, etc. But excluding waterstops or waterbars. Waterstops and water bars will be measured by length separately for each type.

PSG 8.4.4 Unformed Surface Finishes


The rates for unformed surface finishes shall cover the cost of providing the respective surface finish as specified in PSG5-6.


PSMESUBBASE (SANS 1200 ME - 1981)

PSME 3 MATERIALS

PSME 3.2 PHYSICAL PROPERTIES

PSME 3.2.1d Subbase Material

For calcrete material the maximum percentage passing the 2mm sieve shall not exceed 65%.

The subbase material of G5 quality (TRH 14) shall comply with the following:

(a)Maximum size of aggregate after compaction 63mm(b) Maximum liquid limit 30(c)Maximum plasticity index 10(d) Maximum linear shrinkage 5%(e)Minimum CBR at 95% MOD AASHTO density 45(f) Maximum CBR swell at 100% MOD AASHTO density 0.5%(g) Maximum group index 0(h) Minimum grading modulus 1.5

PSME 5 CONSTRUCTION

PSME 5.4.4 Compaction

The Contractor must make allowance for the penetration of the subbase gravel material into the selected sub-grade layer.

The layer thickness specified shall be a net homogeneous layer. Only the homogeneous layer will be measured for payment purposes.

PSME 7 TESTING

PSME 7.2 PROCESS CONTROL AND ROUTINE INSPECTION AND TESTING

PSME 7.2.2 Routine Inspection and Testing

Notwithstanding Sub-clause 7.2.2 and Table 3, no single test result shall be below the specified density.

PSME 8 MEASUREMENT AND PAYMENT

PSME 8.1 Preparation of Road-bed to a depth of 150mm as subbase compacted to


95% MAASHTO density (100% for sand) Unit: m³

The rate covers the cost of crust breaking up to a minimum depth of 150mm, watering, shaping, building and compaction of subbase, final scraping, compliance with tolerances and testing.

There will be distinguished between preparation of road-bed in streets, parking areas, pedestrian walkways and sidewalks

-END OF SECTION -


PART C3

Section C3.7 - Particular Specifications


C3.7 Particular Specifications

In addition to the standard specifications and the Project Specifications, the following Particular Specifications shall apply to this contract and are bound hereafter:

PCI GEOTEXTILES SPECIFICATION


PCI GEOTEXTILES SPECIFICATIONS

PCI 1 SCOPE

This specification covers synthetic fibre filter fabric material (geotextiles) generally specified to perform hydraulic and mechanical roles as filter and sand containment.

PCI 2 INTERPRETATIONS

PCI 2.1 SUPPORTING SPECIFICATIONS

SANS 1200ASANS 1200CSANS 1200DSANS 1200 GSANS 1200 DKSANS 1200 M

PCI 3 MATERIALS

PCI 3.1 GENERAL

The tri-component geotextile composite shall consist of a synthetic polymer material manufactured with the following properties:

Consisting of an inner layer staple filament nonwoven, needle-punched polypropylene geotextile that provides high tensile strength, filtration and good containment of the sand inside the bag and an outer layer coarse staple fibre nonwoven, needle-punched polypropylene geotextile that provides robustness, durability, abrasion and UV resistance. The outer geosynthetic shall be supplied in a sandy light brown colour.

The yarn used to sew the geocomposite geotextile into a geocontainer shall have the following properties

Consist of UV stabilized polypropylene

PCI 3.2 CHEMICAL AND BIOLOGICAL PROPERTIES

The geocomposite geocontainer geotextile shall be rot-proof, chemically stable and shall have a low water absorbency.

The geocomposite geocontainer geotextile shall maintain at least 80 % of the original tensile strength after direct exposure to sunlight for 672 hours.


The geocomposite geocontainer geotextile shall comply with the general requirements as listed in Table PCI 3.2.1.

Table PCI 3.2.1

PROPERTY UNITS RESULT TEST METHOD

MASS g/m2 1450SANS 10221-07THICKNESS

Thickness

under 2 kPamm 9

THROUGH FLOW @ 100mm head l/s/m2 50 SANS 10221-

07

TENSILE STRENGTHAve kN/m 70 SANS 10221-

07Elongation % 10

PEEL STRENGTH min N/m 3000 ASTM 6496-04a

PUNCTURE RESISTANCE* Drop Cone D1000m

m 3 AS 3706.5

PORE OPENING SIZE O95 m <75 CA 148.10

UV RESISTANCE >90% ultimate tensile strength retained after 2000 hours exposure ASTM 4355

ABRASION RESISTANCE

> 85% strength retained in ultimate tensile strength after 80 000 revolutions – B & W rotating drum

BAW P200 6091

Note: * Not a minimum but a maximum hole size allowed.

PCI 3.4 SEAM REQUIREMENTS

The geocomposite geotextile shall be fabricated into a geocontainer by double stitching such that the secondary chain stitch is over locked by a high strength, abrasion and UV resistant primary over-lock stitch.

PCI 4 PLANT

The contractor shall provide such vehicles, cranes and machinery as are necessary to place containers in the manner specified.

PCI 5 CONSTRUCTION

PCI 5.1 HANDLING AND PLACING


Placement and filling of containers shall be in accordance of the manufacture. The contractor shall abide to all requirements as set out in the manufacturer’s installation guide for geocontainers.

The geocomposite geocontainers shall be protected from mechanical damage during installation and construction.

Filling of GeocontainersSand filling may be by hydraulic or dry methods. Geocontainers shall be filled and the sand compacted (100% density) to such a level that when placed no sagging will occur.

Closure shall be done using a double closure technique as per the supplier’s drawings.

Placement of GeocontainersGeocontainers shall be placed in the exposed face shall be UV resistant material, with the seam and filling closures directed away from the exposed face.

PCI 6 TOLERANCES

The materials and finishes of work shall be to Degree of Accuracy II and the permissible deviations shall be within the following limits:

Finish levels: ± 100mmSlopes to top surfaces: ± nill %Alignment of top and bottom terraces: ± 100mm

PCI 7 TESTS

PCI 7.1 GENERAL

The index tests to be carried out on geocomposite geocontainer geotextiles relate to the material and the method of manufacture, and are used mainly to ascertain that the correct grade of geocomposite geocontainer geotextile is supplied, and that the material is equivalent to that selected and specified for use in the works. The Contractor will be required, on the request of the Engineer, to submit a certificate by an approved laboratory to prove compliance with the specified qualities without additional cost to the Employer.

PCI 7.2 INDEX TESTS

Tests:


1.) Mass and Thickness (mm):Testing shall be carried out in accordance with Standard Test Method SANS

10221-2007.

2.) Through flow (l/m2/s):Testing shall be carried out in accordance with Standard Test Method SANS

10221-2007.

3.) Tensile Strength (kN/m):Testing shall be carried out in accordance with Standard Test Method SANS

10221-2007.

4.) Peel Strength (N/m):Testing shall be carried out in accordance with Standard Test Method

ASTM 6496-04a.

5.) Puncture Resistance (mm):Testing shall be carried out in accordance with Standard Test Method

AS 3706.5

6.) Pore Opening Size (POS) (micron):Testing shall be carried out in accordance with CAN 148.10.

7.) UV Resistance (kN/m):Testing shall be carried out in accordance with Standard Test Method

ASTM D 4355, at 2000hrs.

8.) Abrasion Resistance (kN/m): Testing shall be carried out in accordance with German Federal Waterways Engineering and Research institute (BAW P200 6091)

Apparatus:

A rotating drum with removable abrasion plates. Drum diameter - 700mmRotation speed - 1300 revolutions per hourAbrasion Plates - 8 (200mm x 400mm exposed)

Test Procedure:

Soak geocomposite geotextile samples in water for at least 24hours at approximately 20º prior to testing.

Attach geocomposite geotextiles to inside face of removable abrasion plates, ensure weakest direction is aligned with direction of rotation. Clamp abrasion


plates down onto rotating drum frame, ensure watertight seals are in place. Pour the following water - gravel mixture into the drum:

Water - 16 litresStone (8-12mm) - 5kgGravel (3-5mm) - 3kg

Rotate drum for 5000 revolutions in one direction then reverse for a further 5000 revolutions. Repeat the procedure until 40 000 revolutions has been achieved. After completion of the first 40 000 revolutions the material in the drum is removed and a fresh charge of the gravel mixture is added. T the procedure is then repeated for a further 40 000 revolutions. The geocomposite geotextile is subjected to a total of 80 000 abrasion cycles (222 days @ 10s wave period)

The samples are then removed, cleaned carefully, dried and tested to. Tensile Strength (kN/m) SANS 10221-2007.

PCI 8 MEASUREMENT AND PAYMENT

Measurement and payment shall be as specified in the relevant sections of the Standard Specifications, the Project Specifications and in the Schedule of Quantities, with typical payment item as follows:

PCI 8.1 GEOCOMPOSITE GEOCONTAINERS TYPE 1 Unit : No.

The unit of measurement shall be per specified geo-composite geo-container placed in position. Type 1 geo-containers are UV stabilized and is placed to the front face of the embankment. (expensive container)

The tendered rate shall include full compensation for procuring, furnishing, handle, lay, place, top up filling and placing in final position geo-composite geo-containers including for wastage as well as all tests which may be required to certify that the material complies with the specifications.

PCI 8.2 GEOCOMPOSITE GEOCONTAINERS TYPE 2 Unit : No.

The unit of measurement shall be per specified geo-composite geo-container placed in position. Type 2 geo-containers contains lower amount UV stabilized material and is placed to the back, away from any UV light exposure (less expensive container)

PCI 8.3 GEOCOMPOSITE GEOBAG FOR GABIONS. Unit : Sum


The unit of measurement shall be per specified geo-composite geobag for gabions with exposed faces are from fully UV stabilized material and other faces are form lower UV stabilized materials.

PCI 8.4 GEOGRID TIES: 2m long, sowed to bags during manufacturing of bags.

Unit : Sum

Rockgrid PC 100/100 tiebacks shall be sowed to geo-containers to extend at least 2.5m into the dune. The sowing shall be done at the factory before delivery to site. The sum shall include all manufacturing specification and handling to and from site and any tests required to confirm product.



Section C3.8 –Site Management


3.8 SITE MANAGEMENT

C 3.8.1 Management of the Works

The Contractor is referred to SANS 1921: 2004: Construction and Management Requirements for Works Contracts, Part 1: General Engineering and Construction Works, and Part 2: Accommodation of Traffic on Public Roads. These specifications shall be applicable to the contract under consideration and the Contractor shall comply with all requirements relevant to the project. Applicable SANS 1921 documents

The following parts of SANS 1921 Construction works standards and associated specification data are applicable to the works:

1) SANS 1921-1: General engineering and construction works2) SANS 1921- Part 6: HIV/AIDS awareness

The 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 is as follows:

SANS 1921-1, Construction and management requirements for works contracts – Part 1: General engineering and construction worksClause Specification Data

Essential 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 Not Applicable4.2.2 The Engineer is BVi Consulting Engineers or its representative.4.3.1 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



Essential Datause.

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 at the end of February 2018 and the Site will be handed over to the Contractor as soon as practicable thereafter. The works should commence immediately thereafter.

The Works must be commenced within a period of 14 days from the Commencement Date.

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. 4.14.5 No facilities are required for the contractor on the sites of

installation of the materials.4.14.6 None4.17.1 None4.17.3 Services which are known to exist on site are:

a) Not applicable.4.17.4 None4.18 The following standards and specifications shall be in addition to the

provisions of 4.18:1) Part H: Health and Safety of this ContractVariations

Additional Clauses

1. Water and Electricity

The Employer does not warrant that any water or electricity supply that may exist at the delivery sites for the materials.

4.4 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 site activities ensuring that work is carried out fully in



Essential Datacompliance with the contract specifications and/or product manufacturer’s specifications, whichever is applicable.

3.8.2 RECORDING OF WEATHER

Recording of weather is required.

3.8.3. MANAGEMENT MEETINGS

An average of one Inspection/Site Meeting per month has been allowed for in the Employers budget and is accepted as the norm.

3.8.4 ELECTRONIC PAYMENTS

Mhlathuze Water does make electronic payments.

3.8.5 BONDS AND GUARANTEES

The Employer does not accept Bonds or Guarantees for retention.

3.8.6 PAYMENT CERTIFICATES

The Contractor will submit claims by the 20th 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. 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.

3.8.7 PERMITS

No special permits are required; however, should any be necessary the Engineer will timeously inform the Contractor.


3.8.8 PROOF OF COMPLIANCE WITH THE LAW

GOVERNMENT ACTS AND REGULATIONS

The 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.


C3.8.9 QUALITY ASSURANCE (QA)(Read with SANS 1921 – 1: 2004 clause

4.4)

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 on site. 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 efficient 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.

C3.8.10 Management of the environment (Read with SANS 1921 - 1 : 2004Clause 4.19)

The Contract shall comply with the Mhlathuze Environmental Management Programme as attached in Appendix A.

The Contractor shall pay special attention to the following:

Natural Vegetation

The Contractor shall confine his operation to as small an area of the site as may be practical for the purpose of constructing the works. Only those trees and shrubs directly affected by the works and such others as the Engineer may direct in writing shall be cut down and stumped. The natural vegetation, grassing and other plants shall not be disturbed other than in areas where it is essential for the execution of the work or where directed by the Engineer.

Fires

The Contractor shall comply with the statutory and local fire regulations. He shall also take all necessary precautions to prevent any fires. In the event of fire the Contractor shall take active steps to limit and extinguish the fire and shall accept full responsibility for damages and claims resulting from such fires which may have been caused by him or his employees.


C3.8.11 Occupational Health and Safety (Read with SANS 1921 - 1: 2004 clause 4.14)

C3.8.11.1 General Statement

It is a requirement of this contract that the Contractor shall provide a safe and healthy working environment and to direct all his activities in such a manner that his employees and any other persons, who may be directly affected by his activities, are not exposed to hazards to their health and safety. To this end the Contractor shall assume full responsibility to conform to all the provisions of the Occupational Health and Safety Act No 85 and Amendment Act No 181 of 1993, and the OHSA 1993 Construction Regulations 2003 issued on 18 July 2003 by the Department of Labour.

For the purpose of this contract the Contractor is required to confirm his status as mandatory and employer in his own right for the execution of the contract by entering into an agreement with the Employer in terms of the Occupational Health and Safety Act by executing the Agreement form C1.2.4 included in Section C1: Agreements and Contract Data.

The Contractor is to comply with the Mhlathuze Water Health and Safety Specification, as attached in Appendix B.

C3.8.11.2 Health and Safety Specifications and Plans to be submitted at tender

stage

(a) Employer's Health and Safety Specification

The Employer's Health and Safety Specification will be included in the tender documents as part of the Project Specifications.

(b) 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 7 to 28;

(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 5);

(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 6 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 2003.

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

C3.8.11.4.............Cost of compliance with the OHSA Construction Regulations

The 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.

C3.8.11.5..........................................................................Potential site risks

Potential damage to property and injuries to people during blasting operations

Unstable excavations Exposure to possible injuries due to mishandling or failure of power

tools and hand tools Potentially dangerous existing services i.e. electrical high voltage

cables (Buried and overhead) Electrical components (exposed) Working at heights Working most of the time in a restricted environment with limited

landings (Working platforms) Non-conformance to specifications with regards to fasteners and

materials High pressure testing of pipelines. Risk related to general safety and security on site.

Additional risks may arise from specific methods of construction selected by the contractor which are not necessarily covered in the above.

C3.8.12 ADVERSE WEATHER CONDITIONS

In terms of the General Conditions of Contract, extension of time will be considered for abnormal rainfall. The numbers of days per month on which work is expected not to be possible as a result of normal rainfall, and for which the Contractor shall make provision in his tendered rates, prices and programme, are listed in Table C3.5.7 hereafter. Only the number of days lost as a result of adverse weather conditions, exceeding the number of days listed in Table C3.5.7, will qualify for consideration of extension of time.

During the execution of the Works, the Engineer's Representative will certify a day lost due to abnormal rainfall and adverse weather conditions only:

i) if no work was possible on the relevant working day on any item which is on the critical path according to the latest approved construction programme; orif less than 30% of the work force and plant on site could work during that

specific working day.

ii) Extension of time as a result of abnormal rainfall and adverse weather conditions shall be calculated monthly being equal to the number of working days certified by the Engineer's Representative as lost due to


rainfall and adverse weather conditions, less the number of days allowed for as in Table C3.8.12, which could result in a negative figure for certain months. The total extension of time as a result of abnormal climatic conditions for which the Contractor may apply, shall be the cumulative algebraic sum of the monthly extensions. Should the sum thus obtained be negative, the extension of time shall be taken as nil."


TABLE C3.8.12:EXPECTED NUMBER OF WORKING DAYS LOST PER MONTH DUE TO NORMAL RAINFALL

MONTH Expected number of working days lost as result of normal rainfall

JANUARY 4

FEBRUARY 3

MARCH 4

APRIL 2

MAY 1

JUNE 0

JULY 0

AUGUST 0

SEPTEMBER 2

OCTOBER 3

NOVEMBER 3

DECEMBER 3

TOTAL 25 days

(Based on information obtained from the Weather Bureau, Department of Environment Affairs, Pretoria. The number of working days lost for December and January allows for the builders' holidays from 16 December to 5 January.)


C3.8.13 PREFERENTIAL PROCUREMENT

For the purpose of this contract the Contractor shall comply with the preferential procurement statement provided in F.3.11 of the Tender Data.

C3.8.14 AS - BUILT INFORMATION

The position and depth of the following items shall be supplied;

The information shall be supplied in a digital ASCII format. Should a Digital Terrain Modelling package be used for this purpose, the following naming convention shall be adopted,

Code = Name of manhole or intermediate pointTag = Depth to invertY = Y - Co-ordinateX = X - Co-ordinateZ1 = Cover levelZ2 = Invert level

A CAD drawing or “Stick” diagram indicating the sewer main. This shall be supplied in either DXF, AutoCAD 2004 (Dwg), or Model Maker (kcd) formats.

The Contractor shall also be responsible for provision of alignment of existing services encountered during the course of construction, as as-built information

No final payment for any portion of the works shall be made until the required "As-Built" information has been submitted and approved by the Engineer.

C3.8.15 MANAGEMENT MEETINGS

The Contractor and any such other persons as may be nominated by the Engineer shall be required to attend monthly site meetings, the date and place for which will be set by the Engineer in consultation with the Employer and the Contractor.

The main purpose of site meetings will be to review and discuss progress and programme. All persons attending the site meetings must be empowered to act on behalf of the firms they represent.


C3.8.16 RECORDING OF WEATHER

The Contractor is to supply and install an accurate rain gauge of modern design and all other necessary equipment within the site camp area, in a position to be confirmed by the Engineer on site in order to accurately measure rainfall. This area shall be fenced off from the rest of the site camp area and shall have a single pedestrian gate with lock. Only the Engineer's Representative will have access to the key and will be allowed access to the rain gauge. Rainfall records read at this rain gauge shall be kept by the Engineer's Representative. The Engineer's Representative shall use these rainfall records in order to confirm days on which rainfall results in a stoppage of work, critical to the completion of the whole of the Works. The contractor's tendered rates shall be deemed to include for the supply and installation of the rain gauge, other related equipment, fencing, gate, lock, key etc.

C3.8.17 CONTRACTOR'S SITE AGENT The Contractor shall appoint a suitably qualified and competent Site Agent who has had adequate site management experience on water reticulation projects of similar scope and value and shall be on the site on a full time basis and at all times when work is being performed, for the full duration of the contract.

C3.8.17 DAILY RECORDS The Contractor is to provide a site diary, which is to be kept on site, for the purpose of keeping daily records in respect of work performed on the site.

C3.8.18 TESTING OF PIPES

The Contractor must commence with testing the pipelines after a maximum of 3 km of pipe has been installed.

Unless otherwise permitted in writing by the Engineer, not more than 3 km of pipelines shall be installed in advance of the pipe testing operation.

Water for testing and disinfection of will be made available to the Contractor from the existing water supply system or it is to be obtained from local sources as instructed by the Engineer.

A provisional allowance has been made in the Schedule of Quantities for transport of water via tanker, where ordered by the Engineer.

The cost of water for two fillings of the pipelines will be borne by the Employer and a provisional allowance has been made for this cost in the Schedule of Quantities. The first filling shall be for the testing of the pipeline


and flushing and the second filling shall be for disinfection, sterilisation and filling.

The costs of the water itself and the costs of transporting the water for additional fillings in excess of the fillings allowed above will be borne by the Contractor at the prevailing water tariff rates.

Testing and disinfection of the pipelines shall be deemed to be included in the Contractor's tendered rates, unless scheduled separately.

C3.8.19 WORKING SPACE

For pipelines, the Contractor will generally be allowed working space in the area between the edge of existing gravel or tarred roads and tracks and adjacent property boundaries. Working space shall not exceed 1 m from either side of the pipe centre line and 1 m beyond the fence boundary for reservoirs.

This area is to include for access along the pipeline, for excavated material and for the placing of topsoil separately from other material.

It must be noted that services such as telephone and power poles, stay poles and stay wires and fences may be located within close proximity of the pipeline centreline. Existing fences are located in some instances across the pipeline route. Some existing building structures are also located in close proximity of the pipeline route.

The Contractor will be required to take due care for the protection of and will be liable for damage to, or physical loss of, property (including agricultural crops) located along the pipeline route except for the following for which the Employer will be liable:

(i) Agricultural crops located within 2.5m of either side of the pipeline centreline.

(ii) Existing fences located across or within 1 m of either side of the pipeline centreline.

(iii) Telephone poles, power poles, stay poles and stay wires located within 1,0m of either side of the pipeline centreline.

(iv) Surface drains located across or within 1 m of the pipeline centreline.

(v) Existing structures located within 2m of the pipeline centre line.

A provisional sum has been allowed for in the Schedule of Quantities for the protection of, removal and reinstatement of any of the abovementioned

property. This does not include for compensation, if required, for damage to agricultural crops


C3.8.20 EXCAVATION OF TRENCHES

Trenches for pipelines shall be excavated by hand. Machine excavation will only be permitted where instructed by the Engineer, where a substantial quantity of hard material is encountered.

All requirements of the OHS Act shall be complied with, with respect to shoring for both excavation methods.

C3.8.21 TRENCHES OR EXCAVATIONS LEFT OPEN OVERNIGHT Unless otherwise permitted in writing by the Engineer, not more than 500m of trench in anyone place and not more than 1500m of trench in total within the project area shall be opened in advance of pipe laying operations and no trenches or excavations shall be left open overnight unless approved in writing by the Engineer and securely barricaded to prevent any person or animal from falling in.

No trench may be left open during non-working days. The cost of backfilling any trenches before these days and the re-opening thereof after the thereafter shall be for the Contractors account. No trenches shall be left open overnight within private property boundaries.

C3.8.22 BACKFILLING OF TRENCHES

When pipes and connections are complete, tested and approved by the Engineer, trenches shall be backfilled as per specifications given in the contract document. Trench fill soils shall have uniform moisture content suitable for compacting to specified density. If heaving, or shearing occurs under action of compaction equipment even though the soil meets density requirements, affected material shall be replaced to limits as directed by the Engineer. Backfilling shall proceed without displacement of the grade and alignment of the pipeline and settlement of backfill shall be considered evidence of improper workmanship or inclusion of unsuitable backfill materials, or both, and will require re-grading and realigning the pipeline and removing and re-compacting settled material at no cost to the Employer

All trench shoring and supports shall be so removed that trench cave-in and settlement are minimized and no voids remain. Voids caused and left by sheeting and shoring removal shall be backfilled with pervious fill or other approved material and compacted at Contractor's expense. All material


displaced by slides, settlement, and trench cave-in shall be removed and replaced with specified soils at Contractor's expense.

C3.8.23 PROTECTION OF EXISTING STRUCTURES

Shoring of trenches in the vicinity of existing structures will be measured under “shoring” in the schedule of quantities. Should the Contractor consider additional works, necessary to ensure the safety of these structures, he may tender rates for these works under the relevant item in the bill of quantities.

C3.8.24 GEOTECHNICAL REPORT

The contractor shall be aware of ground conditions as discussed in the Geotechnical report in Appendix C. All excavations and earthwork need to be done with the existing ground conditions in mind.

As part of the contract, the contractor will be required to drill four test boreholes at the site of the new addition to the weir to determine ground conditions.


- END OF SECTION -
