SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED NO NRA... · SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED ... The FIDIC Conditions of Contract for Construction for Building and

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS FOR

GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4)

DATE TENDER DOCUMENT

OCTOBER 2015 VOLUME 3

THE CHIEF EXECUTIVE OFFICER THE SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED 48 TAMBOTIE AVENUE VAL DE GRACE PRETORIA 0184

NAME OF TENDERER …………………….…………………

Set sequential number

…………..

Reg: No. 1998/009584/06

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED

CONTRACT NO. NRA N002-200-2011/1D-SS

FOR

GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4)

OCTOBER 2015 TENDER DOCUMENT

VOLUME 3

THIS DOCUMENT COMPILED BY: SMICON (PTY) LTD P.O. BOX 11680 QUEENSWOOD 0121 Tel: 076 262 4479 Fax: (086) 551 8187 E-mail: [email protected] UNDER THE DIRECTION OF: THE REGIONAL MANAGER THE SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED SANRAL HOUSE, SOUTHERN LIFE GARDENS 70 SECOND AVENUE NEWTON PARK PORT ELIZABETH Tel: (041) 398-3200 Fax: (041) 398-3222 e-mail: [email protected]

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4)

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LIST OF CONTRACT DOCUMENTS

The following documents form part of this contract:

VOLUME 1: The FIDIC Conditions of Contract for Construction for Building and Engineering

Works Designed by the Employer (First Edition 1999)

VOLUME 2: The Standard Specifications for Subsurface Investigations (2010) issued by

SANRAL. The tenderer shall obtain his own copy of Volume 2 from the SANRAL

web site.

VOLUME 3: The Project Document containing the Tender Notice, Conditions of Tender, Tender

Data, Returnable Schedules, Particular Conditions of Contract, Project

Specifications, Pricing Schedule, Form of Offer and Site Information is issued by the

Employer. This Volume also includes the Employer’s Form of Acceptance and any

correspondence from the selected tenderer and all addenda issued during the

period of tender will also form part of this Volume once a successful tenderer has

been appointed.

Notes to Tenderer:

1. Volume 1 is obtainable from CESA, PO Box 68482, Bryanston 2021,

Tel: (011) 463 2022, Fax: (011) 463 7383, email: [email protected].

2. Volume 2 is obtainable from the SANRAL web site.

(http://www.nra.co.za/content/2010_COTO_Spec_12_July_2010.pdf).

3. SUBMISSION OF TENDER – Of the contract documents, only Volume 3 is to be

submitted. Information provided by a tenderer together with Volume 3 shall be

treated as information only and will only be bound into the document if the tenderer

notes on FORM A4 : AMENDMENTS OR QUALIFICATIONS BY THE TENDERER that

the information has a bearing on the tender price.


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TABLE OF CONTENTS PAGE

PART T1: TENDERING PROCEDURES ............................................................................. T1-1

PART T2: RETURNABLE SCHEDULES ............................................................................. T2-1

PART C1: AGREEMENTS AND CONTRACT DATA ........................................................... C1-1

PART C2: PRICING DATA .................................................................................................. C2-1

PART C3: SCOPE OF WORK ............................................................................................. C3-1

PART C4: SITE INFORMATION ......................................................................................... C4-1


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PART T1: TENDERING PROCEDURES


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PART T1: TENDERING PROCEDURES

CONTENTS PAGE

T1.1 TENDER NOTICE AND INVITATION TO TENDER ...................................... T1-3

T1.2 CONDITIONS OF TENDER .......................................................................... T1-5

T1.3 TENDER DATA ............................................................................................ T1-22


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T1.1 TENDER NOTICE AND INVITATION TO TENDER


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T1.1 TENDER NOTICE AND INVITATION TO TENDER

The South African National Roads Agency SOC Limited (SANRAL) invites tenders for Contract No. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4). This project is in the province of the Eastern Cape and in the Alfred Nzo District Municipality. The approximate duration is 9 calendar weeks. Preferences are offered to tenderers who comply with the criteria stated in the Tender Data. The physical address for collection of tender documents is “The Regional Manager (Southern Region), The South African Roads Agency SOC Ltd, SANRAL House, Block C, Southern Life Gardens, 70 Second Avenue, Newton Park, Port Elizabeth” where documents may be collected during the hours 08h00 to 16h00 (Monday to Friday), from 19 October 2015. Tender documents will be issued in electronic format on CD and tenderers must have access to MS Office 2007 and Acrobat Adobe 9.0, or similar compatible software. A compulsory pre-tender clarification meeting with representatives of SANRAL will take place at N2 Mzimvubu River Bridge, 30° 51’ 00”S 29° 04’ 11”E, on Wednesday, 28 October 2015 starting at 11h00. This meeting will consist of visits to the various proposed drilling sites. Late arrivals will not be allowed to participate in the meeting and their submissions shall be declared non-responsive. The closing time for receipt of tenders is 14h00 on Friday, 13 November 2015 Telegraphic, telephonic, telex, email, facsimile, late tenders and submissions from tenderers who arrived late at the pre-clarification meeting will not be accepted. Tenders may only be submitted in the format as stated in the Tender Data. Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the Tender Data. Queries relating to issues arising from these documents may be addressed to:

Design Engineer: Geotechnical Engineer:

Mr Brian Londt Dr Gerrit Smit SFC Engineers (Pty) Ltd Smicon (Pty) Ltd 108 Akkerboom Street 110 Sovereign Drive Zwartkop Ext 4 Irene Ext X31 Centurion Centurion Tel: No. : +27 (0)12 643 0560 Tel: No. : +27 (0)76 262 4479 Fax No. : +27 (0)12 643 0870 Fax No. : +27 (0)86 551 8187

E-mail: [email protected] E-mail: [email protected]


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T1.2 CONDITIONS OF TENDER

Note to tenderer:

1. The legislated Standard Conditions of Tender (as published and amended from time to time

by the Construction Industry Development Board) have been adapted and insertions are

included in their entirety. SANRAL’s Special Conditions of Tender are shown in italics as

amending, deleting or adding to points of or entire clauses of the Standard Conditions.

2. Tender Data and Tender Schedules are included separately after the tender condition.


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T1.2: CONDITIONS OF TENDER


F.1 GENERAL ............................................................................................................................ T-8

F.1.1 ACTIONS .............................................................................................................................. T-8

F.1.2 TENDER DOCUMENTS ....................................................................................................... T-8

F.1.3 INTERPRETATION .............................................................................................................. T-8

F.1.4 COMMUNICATION AND EMPLOYER’S AGENT ............................................................... T-9

F.1.5 THE EMPLOYER’S RIGHT TO ACCEPT OR REJECT ANY TENDER OFFER ................ T-9

F.1.6 PROCUREMENT PROCEDURES ....................................................................................... T-9

F.1.6.1 GENERAL ............................................................................................................................ T-9

F.1.6.2 COMPETITIVE NEGOTIATION PROCEDURE ................................................................... T-9

F.1.6.3 PROPOSAL PROCEDURE USING THE TWO STAGE-SYSTEM .................................... T-10

F.1.7 JURISDICTION ................................................................................................................... T-10

F.2 TENDERER’S OBLIGATIONS ........................................................................................... T-10

F.2.1 ELIGIBILITY ....................................................................................................................... T-10

F.2.2 COST OF TENDERING ...................................................................................................... T-10

F.2.3 CHECK DOCUMENTS ....................................................................................................... T-10

F.2.4 CONFIDENTIALITY AND COPYRIGHT OF DOCUMENTS .............................................. T-11

F.2.5 REFERENCE DOCUMENTS ............................................................................................. T-11

F.2.6 ACKNOWLEDGE ADDENDA ............................................................................................ T-11

F.2.7 CLARIFICATION MEETING(S) AND/OR SITE VISIT ....................................................... T-11

F.2.8 SEEK CLARIFICATION ..................................................................................................... T-11

F.2.9 INSURANCE ....................................................................................................................... T-11

F.2.10 PRICING THE TENDER OFFER ........................................................................................ T-11

F.2.11 ALTERATIONS TO DOCUMENTS .................................................................................... T-11

F.2.12 ALTERNATIVE TENDER OFFERS (INCLUDING DEVIATIONS OR QUALIFICATIONS)T-12

F.2.13 SUBMITTING A TENDER OFFER ..................................................................................... T-12

F.2.14 INFORMATION AND DATA TO BE COMPLETED IN ALL RESPECTS .......................... T-12

F.2.15 CLOSING TIME .................................................................................................................. T-13

F.2.16 TENDER OFFER VALIDITY .............................................................................................. T-13

F.2.17 CLARIFICATION, MODIFICATION OR WITHDRAWAL OF TENDER OFFER AFTER

SUBMISSION ..................................................................................................................... T-13

F.2.18 PROVIDE OTHER MATERIAL .......................................................................................... T-14

F.2.19 INSPECTIONS, TESTS AND ANALYSIS .......................................................................... T-14

F.2.20 SUBMIT SECURITIES, BONDS, POLICIES, ETC. ........................................................... T-14


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F.2.21 CHECK FINAL DRAFT ...................................................................................................... T-14

F.2.22 RETURN OF OTHER TENDER DOCUMENTS ................................................................. T-14

F.2.23 CERTIFICATES .................................................................................................................. T-14

F.3 THE EMPLOYER’S UNDERTAKINGS .............................................................................. T-14

F.3.1 RESPOND TO REQUESTS FROM THE TENDERER ...................................................... T-14

F.3.2 ISSUE ADDENDA .............................................................................................................. T-15

F.3.3 RETURN LATE TENDER OFFERS ................................................................................... T-15

F.3.4 OPENING OF TENDER SUBMISSIONS ........................................................................... T-15

F.3.5 TWO-ENVELOPE SYSTEM ............................................................................................... T-15

F.3.6 NON-DISCLOSURE ........................................................................................................... T-15

F.3.7 GROUNDS FOR REJECTION AND DISQUALIFICATION ............................................... T-15

F.3.8 TEST FOR RESPONSIVENESS ........................................................................................ T-16

F.3.9 ARITHMETICAL ERRORS, OMISSIONS, DISCREPANCIES AND IMBALANCED UNIT

RATES ................................................................................................................................ T-16

F.3.10 CLARIFICATION OF A TENDER OFFER ......................................................................... T-17

F.3.11 EVALUATION OF TENDER OFFERS ............................................................................... T-17

F.3.11.1 GENERAL .......................................................................................................................... T-17

F.3.11.2 METHOD 1: FINANCIAL OFFER ...................................................................................... T-17

F.3.11.3 METHOD 2: FINANCIAL OFFER AND PREFERENCE .................................................... T-17

F.3.11.4 METHOD 3: FINANCIAL OFFER AND QUALITY ............................................................. T-18

F.3.11.5 METHOD 4: FINANCIAL OFFER, QUALITY AND PREFERENCES ............................... T-18

F.3.11.6 DECIMAL PLACES ............................................................................................................ T-18

F.3.11.7 SCORING FINANCIAL OFFERS ....................................................................................... T-19

F.3.11.8 SCORING PREFERENCES ............................................................................................... T-19

F.3.11.9 SCORING QUALITY .......................................................................................................... T-19

F.3.12 INSURANCE PROVIDED BY THE EMPLOYER ............................................................... T-19

F.3.13 ACCEPTANCE OF TENDER OFFER ................................................................................ T-20

F.3.14 PREPARE CONTRACT DOCUMENTS ............................................................................. T-20

F.3.15 COMPLETE ADJUDICATOR'S CONTRACT .................................................................... T-20

F.3.16 NOTICE TO UNSUCCESSFUL TENDERERS .................................................................. T-20

F.3.17 PROVIDE COPIES OF THE CONTRACTS ....................................................................... T-20

F.3.18 PROVIDE WRITTEN REASONS FOR ACTIONS TAKEN ................................................ T-20

F.3.19 DELEGATION OF AUTHORITY ........................................................................................ T-21


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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. F.1.1.3 The Employer shall not seek and a tenderer shall not submit a tender without having a firm intention and the capacity to proceed with the contract. F.1.2 Tender Documents The documents issued by the Employer for the purpose of a tender offer are listed in the tender data. F.1.3 Interpretation F.1.3.1 The tender data and additional requirements contained in the tender schedules that are included in the returnable documents are deemed to be part of these conditions of tender. F.1.3.2 These conditions of tender, the tender data and tender schedules which are only required for tender evaluation purposes, shall not form part of any contract arising from the invitation to tender. F.1.3.3 For the purposes of these conditions of tender, the following definitions apply: a) conflict of interest means any situation in which:

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

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

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

b) comparative offer means the 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, or any official in the employ of the State, in any tender process.

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

e) organisation 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 bear on its ability to satisfy stated or implied needs.

g) tenderer means any commercial entity that responds to the Tender Notice by submitting an offer.


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h) tender rigging means collusive bidding by which 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 tender process. It is, therefore, an agreement between competitors not to compete.

i) these conditions of tender mean the Standard Conditions of Tender (as published and amended from time to time by the Construction Industry Development Board) and the Employer’s Special Conditions of Tender, the latter of which are demonstrated by appearing in italics.

F.1.4 Communication and Employer’s agent Each communication between the Employer and a tenderer shall be to or from the Employer’s agent only, and in a form that can be readily read, copied and recorded. Communications shall be in the English language. The Employer shall not take any responsibility for non-receipt of communications from or by a tenderer. The name and contact details of the Employer’s agent are stated in the tender data. F.1.5 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 re-issue a tender covering substantially the same scope of work within a period of six months (measured between the relevant closing dates of the cancelled tender and the re-issued tender) unless only one tender was received and such tender was returned unopened to the tenderer or if there is agreement by the participating tenderers. F.1.6 Procurement procedures F.1.6.1 General Unless otherwise stated in the tender data, a contract will, subject to F.3.13, be concluded with the tenderer who in terms of F.3.11 is the highest ranked or the tenderer scoring the highest number of tender evaluation points, as relevant, based on the tender submissions that are received at the closing time for tenders. F.1.6.2 Competitive negotiation procedure F.1.6.2.1 Where the tender data require that the competitive negotiation procedure is to be followed, tenderers shall submit tender offers in response to the proposed contract in the first round of submissions. Notwithstanding the requirements of F.3.4, the Employer shall announce only the names of the tenderers who make a submission. The requirements of F.3.8 relating to the material deviations or qualifications which affect the competitive position of tenderers shall not apply. F.1.6.2.2 All responsive tenderers, or not less than three responsive tenderers that are highest ranked in terms of the evaluation method and evaluation criteria stated in the tender data, shall be invited in each round to enter into competitive negotiations, based on the principle of equal treatment and keeping confidential the proposed solutions and associated information. Notwithstanding the provisions of F.2.17, the Employer may request that tenders be clarified, specified and fine-tuned in order to improve a tenderer’s competitive position provided that such clarification, specification, fine-tuning or additional information does not alter any fundamental aspects of the offers or impose substantial new requirements which restrict or distort competition or have a discriminatory effect. F.1.6.2.3 At the conclusion of each round of negotiations, tenderers shall be invited by the Employer to make a fresh tender offer, based on the same evaluation criteria, with or without adjusted weightings. Tenderers shall be advised when they are to submit their best and final offer.


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F.1.6.2.4 The contract shall be awarded in accordance with the provisions of F.3.11 and F.3.13 after tenderers have been requested to submit their best and final offer. F.1.6.3 Proposal procedure using the two stage-system F.1.6.3.1 Option 1 Tenderers shall in the first stage submit technical proposals and, if required, cost parameters around which a contract may be negotiated. The Employer shall evaluate each responsive submission in terms of the method of evaluation stated in the tender data, and in the second stage negotiate a contract with the tenderer scoring the highest number of evaluation points and award the contract in terms of these conditions of tender. F.1.6.3.2 Option 2 F.1.6.3.2.1 Tenderers shall submit in the first stage only technical proposals. The Employer shall invite all responsive tenderers to submit tender offers in the second stage, following the issuing of procurement documents. F.1.6.3.2.2 The Employer shall evaluate tenders received during the second stage in terms of the method of evaluation stated in the tender data, and award the contract in terms of these conditions of tender. F.1.7 Jurisdiction Unless stated otherwise in the tender data, each tenderer and the Employer undertake to accept the jurisdiction of the law courts of the Republic of South Africa. 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 attending the clarification meeting(s) and/or site visit and any testing necessary to demonstrate that aspects of the offer comply with the requirements. F.2.3 Check documents Check the tender documents on receipt for completeness and notify the Employer of any discrepancy or omission.


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F.2.4 Confidentiality and copyright of documents Treat as confidential, regardless whether or not a tender offer is submitted, 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(s) and/or site visit Attend, where required, the clarification meeting(s) and/or site visit 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 5 (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. F.2.10.2 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 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.


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F.2.12 Alternative tender offers (including deviations or qualifications) 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. For purposes of the tender offer the Employer will hold all authorised signatories liable on behalf of the tenderer. In the case of proposed joint ventures all members shall sign the tender offer. Signatories for tenderers proposing to contract as joint ventures shall also state which of the signatories is the lead partner. 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.


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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 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, modification or withdrawal of tender offer after submission F.2.17.1 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 or re-balancing of imbalanced rates, 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. F.2.17.2 Accept that the Employer may, at its sole discretion, accept a less favourable tender from those already received or invite fresh tenders if a tenderer, at any time after the opening of his tender offer but prior to entering into a contract based on his tender offer: a) withdraws his tender;

b) gives notice of his inability to execute the contract in terms of his tender; or

c) fails to comply with a request made in terms of F.2.17.1 or F.2.18.1,

in which case such tenderer shall be automatically barred from tendering on any of the Employer’s future tenders for a period to be determined by the Employer, but not less than six (6) months, from the date of tender closure. The Employer may fully or partly exempt a tenderer from the provisions of this condition if he is of the opinion that the circumstances justify the exemption.


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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 and may invoke the same remedy as provided for under F.2.17.2. 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 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 5 (five) working days before the tender closing time stated in the tender data and notify all tenderers who drew tender documents. F.3.1.2 Consider any request to make a material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying requirements used to prequalify a tenderer to submit a tender offer in terms of a previous procurement process and deny any such request if as a consequence: a) an individual firm, or a joint venture as a whole, or any individual member of the joint venture fails to

meet any of the collective or individual qualifying requirements; b) the new partners to a joint venture were not prequalified in the first instance, either as individual firms

or as another joint venture; or c) in the opinion of the Employer, acceptance of the material change would compromise the outcome of

the prequalification process.


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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 3 (three) working 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 tender 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 equal to or more than the minimum number of points for quality stated in the tender data, and announce 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 F.3.7.1 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 tender rigging (i.e. collusive tendering), corrupt or fraudulent practices. F.3.7.2 Consider rejecting any tender offers received from tenderers who are, or are likely in the near future,

to become involved in any form of litigation or legal proceedings against the Employer.


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F.3.7.3 Reject any offer from a tenderer who has not purchased the tender documents in his own name or in the name of a fellow member of a joint venture. F.3.7.4 Reject any offer from a tenderer who proposes a key person who does not meet the minimum

criteria specified.

F.3.7.5 Reject any offer from a tenderer whose representative at the clarification meeting does not meet the

specified criteria in the tender notice and invitation to tender.

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 material deviation or reservation. F.3.9 Arithmetical errors, omissions, discrepancies and imbalanced unit rates 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 appearing in the summary to the Pricing Schedule shall govern. F.3.9.2 Check responsive tender offers 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. d) imbalanced unit rates. F.3.9.3 Notify shortlisted tenderers of all errors, omissions or imbalanced rates that are identified in their tender offers. F.3.9.4 Where the tenderer elects to confirm the errors, omissions or re-balancing of imbalanced rates the tender offer shall be corrected as follows:


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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 unit rate shall govern and the line item total shall be corrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the line item total as quoted 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 be corrected.

c) Where the unit rates are imbalanced adjust such rates by increasing or decreasing them and selected others while retaining the total of the prices derived after any other corrections made under (a) and (b) above.

Where there is an omission of a rate or a line item, no correction is possible and the offer may be declared non-responsive. F.3.9.5 Declare as non-responsive and reject any offer from a tenderer who elects not to accept the corrections proposed under F.3.9.4 and subject the tenderer to the sanction under F.2.17.2. 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 com-parative 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 Method 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.


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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 with F.3.11.9. c) Rank tender offers from the highest number of tender evaluation points to the lowest. d) 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. 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.3.11.5 Method 4: Financial offer, quality and preferences In the case of a financial offer, quality and preferences: a) Score each tender in respect of the financial offer made, preference claimed, if any, and the quality

offered in accordance with the provisions of F.3.11.7 to 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, unless otherwise stated in the tender data:

TEV = NFO + NP + NQ

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; NQ is the number of tender evaluation points awarded for quality offered in accordance with F.3.11.9. 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.3.11.6 Decimal places Score financial offers, preferences and quality, as relevant, to two decimal places.


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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 1a Option 2a

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

2 Lowest price or percentage commission / fee A = (1 – (P – Pm)/Pm) A = Pm / P

a Pm is the comparative offer of the most favourable comparative offer (except in the case of tenders for professional services when the comparative offer must exclude all Provisional and Prime Cost Sums and the associated VAT). P is the comparative offer of the tender offer under consideration (except in the case of tenders for professional services when the comparative offer must exclude all Provisional and Prime Cost Sums and the associated VAT).

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.


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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 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 written 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.


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F.3.19 Delegation of authority The Employer may delegate any power vested in him by virtue of these Conditions of Tender to an officer or employee of the Employer.


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T1.3 TENDER DATA


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T1.3 TENDER DATA

The Standard Conditions and the Employer’s Special Conditions of Tender for Procurement make several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the standard/special conditions of tender. Each item of data given below is cross-referenced to the clause in the Standard and Special Conditions of Tender to which it mainly applies.

Clause Number

Tender Data

F.1.1 The Employer is The South African National Road Agency SOC Limited (SANRAL). The Employer’s domicilium citandi et executandi (permanent physical business address) is: 48 Tambotie Avenue Val De Grace, Pretoria, 0184 The Employer’s address for communication relating to this project is: THE REGIONAL MANAGER (Southern Region) THE SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED SANRAL House, Block C, Southern Life Gardens, 70 Second Avenue Newton Park Port Elizabeth Tel: (041) 398-3207 Fax: (041) 398-3222 E-mail: [email protected]


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F.1.2

The tender documents issued by the Employer comprise: Part T1: Tendering Procedures T1.1 Tender notice and invitation to tender .............................. (White) T1.2 Standard and Special Conditions of Tender ....................... (Pink) T1.3 Tender data ....................................................................... (Pink) Part T2: Returnable Schedules T2.1 List of returnable documents ........................................... (Yellow) Part C1: Agreements and contract data C1.1 Form of offer and acceptance ......................................... (Yellow) C1.2 Contract data .................................................................. (Yellow) C1.3 Other contract forms ....................................................... (Yellow) Part C2: Pricing data C2.1 Pricing instructions.......................................................... (Yellow) C2.2 Pricing Schedules / Bills of Quantities ............................. (Yellow) Part C3: Scope of work C3 Scope of work ....................................................................... (Blue) Part C4: Site Information C4 Site Information ................................................................. (Green) Part C5: Annexures ................................................................ (White)

F.1.3 The Employer’s Agent is Dr Gerrit Smit. They can be contacted at: [email protected]

F.2.2 The Employer will not compensate the tenderer for any costs incurred in the preparation and submission of a tender offer, including the costs of attending the site visit and clarification meeting and any testing necessary to demonstrate that aspects of the offer complies with requirements.

F.2.6 Failure to apply instructions contained in addenda may render a tenderer’s offer non-responsive in terms of Condition of Tender F.3.8.

F.2.7 The arrangements for a compulsory site visit and clarification meeting(s) are: Location: N2 Mzimvubu River Bridge Co-Ordinates: 30° 51’ 00”S 29° 04’ 11”E Date: 28 October 2015 Starting time: 11h00 The onus rests with the tenderer to ensure that the person attending the clarification meeting on its behalf is appropriately qualified to understand all directives and clarifications given at that meeting. The clarification meeting shall start strictly at the time advertised. Only then will the Employer’s Representative circulate the attendance register


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for completion by those present. During this time latecomers may enter and complete the register. On completion by all present the Employer's Representative will: (a) read out from the collected lists calling for confirmation that all have

signed; (b) close the door and not allow any latecomers to enter. The signature on the attendance register and duly completed and signed Form A1 shall be considered proof that the tenderer attended the whole meeting and was available to hear all directives and clarifications given at the meeting.

F2.8 Any variation or deviation (i.e. qualification) that the tenderer considers necessary must follow the following process:

check with the Engineer that the qualification is not a point for which clarity should be sent to other tenderers,

if considered acceptable by the Engineer as genuinely giving the tenderer a financial advantage the qualification must be recorded on returnable schedule A4: Schedule of Deviations or Qualifications by Tenderer

Failure to follow this process could render a tenderer’s offer non-responsive in terms of Condition of Tender F.3.8.

F.2.12 An alternative offer is deemed to be any qualification, i.e. deviation from or variation to the main tender offer. A tenderer wishing to submit an alternative offer (excluding alternative offers of different contract duration, retention guarantees or different compliant material sources) shall first apply to the Employer’s agent for confirmation that the Employer’s standards and requirements envisaged in the design are not compromised or reduced. Such confirmation must have been provided by the Employer’s agent in writing at least 5 working days before the date and time of tender closing given in Tender Data clause F.2.15.1, or as extended by an addendum sent to all tenderers. The replacement of specified construction items like pipes, in-situ culverts, kerbs and channels with similar products constructed of different materials (e.g. plastic products or pre-cast construction) are generally not acceptable as alternatives because construction using such alternative products would have been considered during the design stage and not selected as appropriate and because the Employer is able, post-award, to make proposals to or receive proposals from the contractor. Also not acceptable as alternative offers are alterations to contingency pay items provided in the Pricing Schedule, fixed prices for individual items or a fixed price contract. If an alternative proposal is confirmed to be acceptable, calculations, drawings and all other pertinent technical information and characteristics as well as proposed modification of, or alternative to, the Pricing Data must be submitted with the alternative tender offer to enable the Employer to evaluate the efficacy of the alternative and its principal elements, to


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take a view on the degree to which the alternative complies with the Employer’s standards and requirements and to evaluate the acceptability of the pricing proposals. Calculations must be set in clear and logical sequence and must clearly reflect all design assumptions. Pricing Data must reflect all assumptions in the development of the pricing proposal. Should an alternative structural design be proposed, the proposed alternative Pricing Data shall include an amount equal to 3% of the amount tendered for the alternative offer to cover the Employer’s costs of confirming the acceptability of the detailed design before it is constructed. If the alternative offer is accepted, this amount will serve as a negative prime cost sum under section 1200 to be deducted from the contractor’s payment certificates. The Employer undertakes to provide full accounting of the amount expended for this contingent sum and if exceeded, no further payments shall be deducted. Failure by a tenderer to include the required amount for confirming the alternative design may render his alternative tender as non-responsive. Acceptance of an alternative offer will mean acceptance in principle of the offer. It will be an obligation of the contract with the tenderer, in the event that the alternative is accepted, to accept full responsibility and liability that the alternative offer complies in all respects with the Employer’s standards and requirements.

F.2.13.2 Of the contract documents, only the following elements of Volume 3 needs to be submitted in a neatly bound file and in the following order: - Form of Offer (paper copy) - Form C1.2.3 CONTRACT DATA- INFORMATION TO BE

PROVIDED BY TENDERER (paper copy) - All returnable schedules (paper copy) - Pricing Schedule (paper copy) - Completed pricing schedule (on CD)

For alternative offers the tenderer shall submit the following additional documentation, clearly marked as ALTERNATIVE, in a separate neatly bound file in the following order: - Form of Offer (paper copy) copy from CD and state “Alternative

Form of Offer” - All returnable schedules (paper copies) applicable to alternative

offer, as is appropriate - Alternative Pricing Schedule (paper copy) - Other relevant information.

In the event of any discrepancy between the contents of the electronically priced schedule, the print out thereof and the electronically provided pricing schedule in pdf format, the contents of the provided pdf format shall be taken as the valid contents. For the information provided by the tenderer as part of his submission, e.g. rates, the signed print-out shall be taken as the valid submission.


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F.2.13.4

Submit only the signed original tender offer.

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: Location of tender box: Port Elizabeth Physical address: SANRAL House, Block C, Southern Life Gardens, 70 Second Avenue, Newton Park. Identification details: Place the signed original tender offer in a package Marked “TENDER: CONTRACT No. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4)”

F.2.13.6

A two envelope procedure will not apply.

F.2.15 The closing time for submission of tender offers is 14h00 hours on Friday,

13 November 2015.

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

F.2.16 The tender offer validity period is 12 weeks.

F.2.19 Access shall be provided by the Community Liaison Officer during working hours to premises for the inspections, tests and analysis as provided for in the tender data.

F.2.23 The tenderer is required to submit all certificates as listed in the Schedule of Tender Compliance (Form A 12).

F.3.4 The time and location for opening of the tender offer are:

Time: 14h00 on Friday, 13 November 2015. Location: SANRAL House Block C Southern Life Gardens 70 Second Avenue Newton Park Port Elizabeth

F3.7.1 In the event of disqualification, the Employer may, at its sole discretion, impose a specified period during which tender offers will not be accepted from the offending tenderer and report same to CIDB and National Treasury.

F3.9 The tenderer is required to submit balanced unit rates for rate only items in the pricing schedule. The rates submitted for these items will be taken into account in the evaluation of tenders.


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F.3.11.1 General

The South African National Roads Agency SOC Ltd is committed to transformation, employment equity and staff advancement, and to supporting black economic empowerment. The primary criteria in selection, apart from costs, will be the degree to which the tenderer can demonstrate appropriate knowledge and expertise. A further consideration will naturally be the equity profile of the tenderer in management, ownership and implementation. Generally, the procedure for the evaluation of responsive tenders is Method 2 as contained in the Standardized Construction Procurement Documents for Professional Services (October 2005) as published by the Construction Industry Development Board. However, in terms of the Public Finance Management Act (Act 1 of 1999) the Employer needs to ensure that it can get the best value for money as recorded in the General Procurement Guideline issued by the Government of the Republic of South Africa and will thus not pay an exorbitant premium for services. In calculating the premium that the Employer is prepared to pay, black ownership is encouraged and will be rewarded. The following scenarios shall apply:

Black ownership of preferred tenderer is less than or equal to 25%

TENDER VALUE (INCL. VAT)

MAXIMUM PREMIUM ALLOWED

Up to R2 million 5% of lowest acceptable tender

R2 million up to R10 million Greater of 2.0% of lowest or R100 000.00

R10 million up to R100 million

Greater of 1.0% of lowest or R500 000.00


R1 million

Above R200 million R2 million

Black ownership of preferred tenderer is more than 25% but less than or equal to 50%



Up to R2 million 5.5% of lowest acceptable tender





R1 million plus 0.5% of lowest acceptable tender

Above R200 million R2 million plus 0.5% of lowest acceptable tender


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Black ownership of preferred tenderer is more than 50%



Up to R2 million 6% of lowest acceptable tender





R1 million plus 1% of lowest acceptable tender

Above R200 million R2 million plus 1% of lowest acceptable tender

The above considerations shall be calculated with reference to the Tender Sum reflected in the Form of Offer (Part C1.1.1) and shall exclude contingencies and contract price adjustment.

F.3.11.2 Method 1: Financial Offer This method shall not apply to this tender.

F.3.11.3 Method 2: Financial offer and preference Method 2 shall apply to this tender. Refer to Tender Data items F3.11.7 and F.3.11.8.

F.3.11.4 Method 3: Financial offer and quality This method shall not apply to this tender.

F.3.11.5 Method 4: Financial offer, quality and preferences This method shall not apply to this tender.

F.3.11.7 Scoring financial offers The procedure for the evaluation of responsive tenders is Method 2. The financial offer will be scored using Formula 2 (Option 1) where W1 is: - 90 where the financial value inclusive of VAT of all responsive

tenders received have a value in excess of R 1 000 000,00 - 80 where the financial value inclusive of VAT of one or more

responsive tenders received equals or is less than R 1 000 000,00

F.3.11.8 Scoring preference Up to 100 minus W1 tender evaluation points will be awarded to tenderers who submit responsive tenders and who are found to be eligible for the preference claimed. Points are based on a tenderer’s scorecard measured in terms of the Broad-Based Black Economic Empowerment Act (B-BBEE, Act 53 of 2003) and the Regulations (2009) to the Preferential


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Procurement Policy Framework Act (PPPFA, Act 5 of 2000). Points awarded will be according to a tenderer’s B-BBEE status level of contributor and summarized in the table below:

B-BBEE Status Level of contributor

Qualification

Number of Points for Contract value up to R1 000 000

Number of Points for Contract Value above R1 000 000

1 ≥ 100 points 20 10

2 ≥ 85 but < 100 points 18 9

3 ≥ 75 but < 85 points 16 8

4 ≥ 65 but < 75 points 12 5

5 ≥ 55 but < 65 points 8 4

6 ≥ 45 but < 55 points 6 3

7 ≥ 40 but < 45 points 4 2

8 ≥ 30 but < 40 points 2 1

Non-compliant Contributor

< 30 points 0 0

Eligibility for preference points is subject to the following conditions: - A tenderer’s scorecard shall be based on the Construction Sector

Codes of Practice promulgated in Government Gazette 32305 of 5 June 2009; and

- The scorecard shall be submitted as a certificate attached to Returnable Schedule Form C1; and

- The certificate shall have been issued by - a verification agency accredited by the South African National

Accreditation System (SANAS); or - a registered auditor approved by the Independent Regulatory Board

of Auditors (IRBA), - in accordance with Government Notice 754 issued by the Department

of Trade and Industry on 23 September 2011 under Government Gazette 34612; and

- The date of issue of the certificate must be less than 12 (twelve) months prior to the advertised tender closing date (see Tender Data F.2.15); and

- Compliance with any other information requested to be attached to Returnable Schedule Form C1; and

- If a tenderer has failed to submit an acceptable verification certificate, a period of 24 hours will be granted to re-submit a valid verification certificate; and

- Failure to submit any valid verification certificate will result in the award of 0 (zero) points for preference; and

- In the event of a joint venture (JV), a consolidated B-BBEE verification certificate in the name of the JV shall be submitted.


T1-31

F.3.11.9 Scoring quality Scoring of quality shall not apply to this tender.

F.3.13.1 In addition to the requirements of the Condition of Tender, offers will only be accepted if: - the tenderer or any of its directors is not listed on the Register of Tender

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

- the tenderer has not abused the Employer’s supply chain management system; and

- the tenderer has not failed to perform on any previous contract and has not been given a written notice to this effect;

F.3.18 The number of paper copies of the signed contract to be provided by the

Employer is 1.

T2-1


PART T2: RETURNABLE SCHEDULES

T2-2


T.2.1 LIST OF RETURNABLE SCHEDULES

The tenderer must complete the following returnable schedules: Notes to tenderer: 1. Returnable schedules have been separated into the following categories:

- Forms, certificates and schedules for completion by the tenderer for use in the quantitive and qualitative evaluation of the tender (Forms A to E)

- A list of all returnable documents for completion by the tenderer (Form F1) 2. Failure to fully complete the relevant returnable documents may render such a tender

offer unresponsive. 3. Tenderers shall note that their signature appended to each returnable form represents

a declaration that they vouch for the accuracy and correctness of the information provided.

4. Notwithstanding any check or audit conducted by or on behalf of the Employer, the information provided in the returnable documents is accepted in good faith and as justification for entering into a contract with a tenderer. If subsequently any information is found to be incorrect such discovery shall be taken as wilful misrepresentation by that tenderer to induce the contract. In such event the Employer has the discretionary right under contract condition 15.2 to terminate the contract.

5. These forms must be completed in non-erasable ink and any alterations made prior to tender closure countersigned by an authorised signatory.

T2-3


CONTENTS PAGE

FORM A1: CERTIFICATE OF ATTENDANCE AT SITE VISIT AND CLARIFICATION

MEETING .......................................................................................................... T2-4

FORM A2.1: CERTIFICATE OF AUTHORITY FOR SIGNATORY ....................................... T2-5

FORM A2.1: DECLARATION OF TENDERER’S CURRENT STATUS OF ANY DEBT

OUTSTANDING TO SANRAL ............................................................................................ T2-6

FORM A3.1: COMPULSORY ENTERPRISE QUESTIONNAIRE ........................................ T2-7

FORM A3.2: CERTIFICATE OF INDEPENDENT TENDER ................................................ T2-11

FORM A3.3: DECLARATION OF TENDERER’S PAST SUPPLY CHAIN MANAGEMENT

PRACTICES ........................................................................................................................ T2-13

FORM A4: SCHEDULE OF DEVIATIONS OR QUALIFICATIONS BY TENDERER ............ T2-15

FORM A5: SCHEDULE OF ADDENDA TO TENDER DOCUMENTS .................................. T2-16

FORM A6: CERTIFICATE OF TAX COMPLIANCE ............................................................. T2-17

FORM A7: CERTIFICATE OF INSURANCE COVER .......................................................... T2-18

FORM A8: TENDERER’S BANK DETAILS ......................................................................... T2-19

FORM A9: CERTIFICATE OF TENDERER’S LITIGATION HISTORY ................................ T2-20

FORM A10: SCHEDULE OF CURRENT COMMITMENTS ................................................. T2-21

FORM A11: CERTIFICATE OF COMPLIANCE WITH COMPENSATION FOR OCCUPATIONAL

INJURIES AND DISEASE ACT, 1993 (ACT NO. 130 OF 1993) .......................................... T2-22

FORM B1: CONTRACTOR’S ESTABLISHMENT ON SITE ................................................. T2-23

FORM C1: TENDERER’S B-BBEE VERIFICATION CERTIFICATE .................................... T2-24

FORM C2: CONTRACT PARTICIPATION GOAL: DIRECT PARTICIPATION OF TARGETED

LABOUR ............................................................................................................................ T2-25

FORM D1: SCHEDULE OF WORK EXPERIENCE ............................................................. T2-27

FORM D2: SCHEDULE OF CONTRACTOR’S EQUIPMENT .............................................. T2-28

FORM D4: INDICATIVE CONSTRUCTION PROGRAMME ............................................... T2-29

FORM D5: SCHEDULE OF ESTIMATED WEEKLY EXPENDITURE ................................. T2-30

FORM E1: SCHEDULE OF TENDER COMPLIANCE ........................................................ T2-31

T2-4

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) FORM A1: CERTIFICATE OF ATTENDANCE AT SITE VISIT AND CLARIFICATION MEETING CONTRACT NO. NRA N002-200-2011/1D-SS FOR GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) Notes to Tenderer: 1. Unless the attendee’s name, details and signature also appear on the attendance

register this Certificate of Attendance shall not be accepted and the tenderer’s offer shall be deemed non-responsive.

This is to certify that I, .............................................................................................................. Representative of (tenderer) ..................................................................................................... of (address) .............................................................................................................................. Telephone number .................................................................................................................. Fax number ............................................................................................................................. E-mail ....................................................................................................................................... attended the clarification meeting on (date) ............................................................................. conducted by ........................................................................................................................... in the presence of (Employer’s representative) ........................................................................ TENDERER'S REPRESENTATIVE (Signature) ....................................................................... EMPLOYER’S REPRESENTATIVE (Signature) .......................................................................

T2-5

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) FORM A2.1: CERTIFICATE OF AUTHORITY FOR SIGNATORY

Notes to tenderer:

1)The signatory for the tenderer shall confirm his/her authority thereto by attaching, on the

tendering company’s letterhead, a duly signed and dated copy of the relevant resolution of

the board of directors/partners. Alternatively this form may be used directly. It is deemed

that whoever authorizes the signatory has the capacity to commit the tenderer to enter into

contracts.

2) In the event that the tenderer is a joint venture, a certificate of authority for signatory is

required from all members of the joint venture and the designated lead member shall be

clearly identified as required by tender condition F.2.13.4.

3) The resolution below is given as an example of an acceptable format for authorization but

submission of this page with the example completed shall not be accepted as authorization

of the tenderer’s signatory.

By resolution of the board of directors passed at a meeting held on …………………………...

Mr/Ms, whose signature appears below, has been duly authorized to sign all documents in

connection with the tender for Contract no. NRA [insert contract number]: [insert CONTRACT

TITLE]

and any contract which may arise there from on behalf of [insert the name of the tenderer in block

capitals]

.................................................................................................................................................. SIGNED ON BEHALF OF THE COMPANY: ............................................................................. IN HIS/HER CAPACITY AS: .................................................................................................... DATE: ...................................................................................................................................... SIGNATURE OF SIGNATORY: .............................................................................................. WITNESS: ...................................................... ..................................................... SIGNATURE SIGNATURE ...................................................... ..................................................... NAME (PRINT) NAME (PRINT)

T2-6

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) FORM A2.2: DECLARATION OF TENDERER’S CURRENT STATUS OF ANY DEBT

OUTSTANDING TO SANRALNOTES TO TENDERER: 1. THE SIGNATORY FOR THE TENDERER (AS PER FORM A2.1) SHALL

COMPLETE AND SIGN THIS FORM DECLARING THE CURRENT STATUS OF DEBT OUTSTANDING TO SANRAL.

2. IN THE EVENT THAT THE TENDERER IS A JOINT VENTURE, A DECLARATION

IS REQUIRED FROM EACH MEMBER OF THE JOINT VENTURE. I, THE UNDERSIGNED,

……………………………….....………………………………..……………………. DECLARE:

1. THAT THE TENDERER OR ANY OF ITS DIRECTORS/MEMBERS DO NOT HAVE

ANY DEBT OUTSTANDING TO SANRAL, OTHER THAN WHAT IS LISTED BELOW:

PLEASE PROVIDE THE DETAILS: ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... 2. THAT TO THE BEST OF MY KNOWLEDGE THE ABOVE INFORMATION IS TRUE

AND ACCURATE. SIGNATURE:

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

.. ON BEHALF OF THE COMPANY:

.......................................................................................................... DATE:

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

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

T2-7

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) FORM A3.1:COMPULSORY ENTERPRISE QUESTIONNAIRE Notes to tenderer: 1. Any legal person, including persons employed by the State, 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 tender. In view of possible allegations of favouritism, should the resulting tender, 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 tenderer or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where:

- the tenderer is employed by the State; and/or - the legal person on whose behalf the tender document is signed, has a relationship with

person/s who are involved in the evaluation and/or adjudication of the tender, 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 tender.

2. Definitions:

2.1 “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.

2.2 “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.

T2-8

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) FORM A3.1: COMPULSORY ENTERPRISE QUESTIONNAIRE (continued)

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

Section 1: Name of enterprise: ..............................................................................................................................

Section 2: VAT registration number, if any: ...........................................................................................................

Section 3: CIDB registration number, if any: .........................................................................................................

Section 4: Particulars of sole proprietors and partners in partnerships:

Name* Identity number* Personal income tax number*

* Complete only if sole proprietor or partnership and attach separate page if more than 3 partners

Section 5: Particulars of companies and close corporations:

Company registration number ...................................................................................................................................

Close corporation number .........................................................................................................................................

Tax reference number ...............................................................................................................................................

The names of all directors/trustees/shareholders/members (attach a separate page if more than 3 directors/trustees/shareholders/members):

Name Director/Trustee/

Shareholder/ Member

Identity number Personal income

tax number

Employee/ Persal number

Section 6: Record 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, trustee, shareholder or stakeholder in a company or member of a close corporation is currently or has been within the last 12 months in the service of any of the following:

a member of any municipal council

a member of any provincial legislature

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

a member of the board of directors of any municipal entity

an official of any municipality or municipal 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 an accounting authority of any national or provincial public entity

an employee of Parliament or a provincial legislature

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

Name of sole proprietor, partner, director, manager, trustee, shareholder, stakeholder or

member

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

Status of service (tick appropriate column)

Current Within last 12 months

*insert separate page if necessary

T2-9


Section 7: Declaration of Interest:

If any legal person on whose behalf the tender document is signed, has a relationship with person/s who are involved in the evaluation and/or adjudication of this tender, or where it is known that such a relationship exists between the person/s for or on whose behalf the declarant acts and person/s who are involved with the evaluation and/or adjudication of the tender:

1. Are you or any person connected with the tenderer presently employed by the State?

2. If so, furnish the following particulars:

Name of person/director/trustee/shareholder/member:

Name of State institution at which you or person connected to the tenderer is employed:

Position occupied in State institution:

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

3. If you are presently employed by the State, did you obtain the appropriate authority to undertake remunerative work outside Employment in the public sector?

4. If Yes, did you attach proof of such authority to the tender document?

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

If No, furnish reasons for non-submission of such proof

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

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

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

5. Did you or your spouse or any of the company’s directors/ trustees, shareholders, members or their spouses conduct business with the State in the previous twelve months? If so, furnish particulars:

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

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

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

6. Do you, or any person connected with the tenderer, have any 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? If so, furnish particulars:

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

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

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

7. Are you, or any person connected with the tenderer, aware of any relationship (family, friend, other) between any other tenderer and any person employed by the State who may be involved with the evaluation and/or adjudication of this tender? If so, furnish particulars:

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

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

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

8. Do you or any of the directors/trustees/shareholders/ members of the company have any interest in any other related companies whether or not they are tendering for this contract? If so, furnish particulars:

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

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

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

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

T2-10


Section 8: Declaration

The undersigned, who warrants that he/she is duly authorised to do so on behalf of the enterprise:

i) authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services that my / our tax matters are in order;

ii) confirms that neither the name of the enterprise or the name of any partner, manager, director or other person, who wholly or partly 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;

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

iv) confirms that I/we are 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; and

v) confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my belief both true and correct.

I, the undersigned .................................................................................................................................................... certify that the information furnished in Form A3 above is correct. I accept that the Employer may reject the tender or act against me in terms of F.3.7 of the Conditions of Tender should this declaration prove to be false. ................................................................................... ........................................................................................ Signature (duly authorised) Date ................................................................................... ........................................................................................ Position Name of Enterprise

T2-11

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) FORM A3.2: CERTIFICATE OF INDEPENDENT TENDER Notes to tenderer: 1. This certificate conforms to Treasury Regulation 16A9 and the requirement of section

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

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

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

Declaration I, the undersigned, in submitting the accompanying tender on behalf of the tenderer do hereby make the following statements that I certify to be true and complete in every respect: 1. I have read and understand the notes to, and the contents of, this Certificate; 2. I understand that the accompanying tender will be disqualified if this Certificate is found to be

not true and complete in every respect; 3. I am authorised by the tenderer to sign this Certificate, and to submit the accompanying

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

the tenderer to determine the terms of, and to sign the tender, on behalf of the tenderer; 5. For the purposes of this Certificate and the accompanying tender, I understand that the word

“competitor” shall include any individual or organisation, other than the tenderer, whether or not affiliated with the tenderer, who: a) has been requested to submit a tender in response to this tender invitation; b) could potentially submit a tender in response to this tender invitation, based on their

qualifications, abilities or experience; and c) provides the same goods and services as the tenderer and/or is in the same line of

business as the tenderer.

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

7. In particular, without limiting the generality of statement 6 above, there has been no

consultation, communication, agreement or arrangement with any competitor regarding:

a) prices;

T2-12


b) 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 tender; e) the submission of a tender which does not meet the specifications and conditions of the

tender; or f) tendering with the intention not to win the tender.

8. In addition, there have been no consultations, communications, agreements or arrangements

with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this tender relates.

9. The terms of the accompanying tender have not been, and will not be, disclosed by the

tenderer, directly or indirectly, to any competitor, prior to the date and time of the official tender opening or of the awarding of the contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat

any restrictive practices related to tenders and contracts, tenders that are suspicious will be reported to the Competitions Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No. 89 of 1998 and/or may be reported to the National Prosecuting Authority for criminal investigation and/or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No. 12 0f 2004 or any other applicable legislation.

Signature: ................................................................................................................................ Date: ....................................................................................................................................... Name: ..................................................................................................................................... Position: ..................................................................................................................................

T2-13


FORM A3.3: DECLARATION OF TENDERER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES Notes to tenderer: 1. This tender document must form part of all tenders invited. 2. This form 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 tender of any tenderer may be disregarded if that tenderer 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; or (c) 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 this tender.

4.1 Is the tenderer 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 audi alteram parlem rule was applied. The Database of Restricted Suppliers now resides on the National Treasury 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 Yes, furnish particulars:

4.2 Is the tenderer 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 website ((www.treasury.gov.za) by clicking on its link at the bottom of the home page.

Yes

No


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

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

T2-14


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

Yes

No


4.4 Was any contract between the tenderer 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


CERTIFICATION I, the undersigned, ................................................................................................................... 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: ................................................................................................................................ Name: ..................................................................................................................................... Position: .................................................................................................................................. Date: ....................................................................................................................................... Name of tenderer:

T2-15

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) FORM A4: SCHEDULE OF DEVIATIONS OR QUALIFICATIONS BY TENDERER Notes to tenderer:

1. The postulated tender MUST be priced. 2. When submitting an alternative tender (including an alternative contract period), the

condition F.2.12 of part T1.3: Tender Data, shall be followed .

PAGE DESCRIPTION

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

T2-16

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) FORM A5: SCHEDULE OF ADDENDA TO TENDER DOCUMENTS

We confirm that the following communications received from the Employer before the submission of this tender offer, amending the tender documents, have been taken into account in this tender offer:

Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

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

T2-17

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) FORM A6: CERTIFICATE OF TAX COMPLIANCE The tenderer shall attach to this page an original Tax Clearance and VAT Registration certificate which shall be obtained by the tenderer from the South African Revenue Service (SARS). In the event of a joint venture, each member shall comply with the above requirement. Where such certificates are no longer issued by SARS the tenderer shall complete the declaration below.

I, ................................................................................................................................. (name)

the undersigned in my capacity as ........................................................................... (position)

on behalf of ............................................................................................. (name of company)

herewith grant consent that SARS may disclose to the South African National Roads Agency SOC

Limited (SANRAL) our tax compliance status. For this purpose our unique security personal

identification number (PIN) is ............................

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

T2-18

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) FORM A7: CERTIFICATE OF INSURANCE COVER Note to tenderer: In the event of the tenderer being a joint venture/consortium the details of the individual members must also be provided. The tenderer shall provide the following details of this insurance cover: Name of Tenderer: .................................................................................................................. Period of Validity: .................................................................................................................... Value of Insurance: ................................................................................................................. Insurance for Works and Contractor’s Equipment: Company: ................................................................................................................................ Value: ...................................................................................................................................... Insurance for Contractor’s Personnel: Company: ................................................................................................................................ Value: ...................................................................................................................................... General public liability: Company: ................................................................................................................................ Value: ...................................................................................................................................... SASRIA: Company: ................................................................................................................................ Value: ...................................................................................................................................... SIGNED ON BEHALF OF THE TENDERER: .........................................................................

T2-19

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) FORM A8: TENDERER’S BANK DETAILS

Notes to tenderer:

1 The tenderer shall attach to this form a letter from the bank at which he declares he

conducts his account. The contents of the bank’s letter must state the credit rating

that it, in addition to the information required below, accords to the tenderer for the

business envisaged by this tender. Failure to provide the required letter with the

tender submission may render the tenderer’s offer unresponsive in terms of tender

condition F.3.8.

2 The tenderer’s banking details as they appear below shall be completed.

3 In the event that the tenderer is a joint venture enterprise, details of all the members

of the joint venture shall be similarly provided and attached to this form.

The tenderer shall provide the following:

Name of Account Holder: ....................................................................................................... Account Number: .................................................................................................................... Bank name: ............................................................................................................................. Branch Number: ...................................................................................................................... Bank and branch contact details .............................................................................................. SIGNED ON BEHALF OF THE TENDERER: ..........................................................................

T2-20


FORM A9: CERTIFICATE OF TENDERER’S LITIGATION HISTORY

Note to tenderer:

The tenderer shall list below details of any litigation with which the tenderer (including its

directors, shareholders or other senior members in previous companies) has been involved

with any organ of state or state department within the last ten years. The details must

include the year, the litigating parties, the subject matter of the dispute, the value of any

award or estimated award if the litigation is current and in whose favour the award, if any,

was made.

Client Other litigating party

Dispute Award value

Date resolved

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

T2-21

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) FORM A10: SCHEDULE OF CURRENT COMMITMENTS Notes to tenderer: 1. The tenderer shall list below all contracts currently under construction or awarded and about

to commence and tenders for which offers have been submitted but awards not yet made. 2. In the event of a joint venture enterprise, details of all the members of the joint venture shall

similarly be attached to this form. 3. The lists must be restricted to not more than 20 contracts and 20 tenders. If a tenderer’s actual

commitments or potential commitments are greater than 20 each, those listed should be in descending order of expected final contract value or sum tendered.

Table 1: CONTRACTS AWARDED

Employer Project Expected total value of contract

(incl. VAT)

Duration (Months)

Expected completion date

Table 2: TENDERS NOT YET AWARDED

Employer Project Sum Tendered (incl. VAT)

Tendered Duration (Months)

Expected commencement

SIGNED BY TENDERER: ...................................................................................................... .

T2-22


FORM A11: CERTIFICATE OF COMPLIANCE WITH COMPENSATION FOR

OCCUPATIONAL INJURIES AND DISEASES ACT, 1993 (ACT NO. 130 OF 1993)

Notes to tenderer:

1 Discovery that the tenderer has failed to make proper disclosure may result in

SANRAL terminating a contract that flows from this tender on the ground that it has

been rendered invalid by the tenderer’s misrepresentation.

2 The tenderer shall attach to this Form evidence that he is registered and in good

standing with a compensation insurer who is approved by Department of Labour in

terms of section 89 of the Compensation for Injury and Disease Act (COID) (Act 130

of 1993).

3 The tenderer is required to disclose, by also attaching documentary evidence to this

form, all inspections, investigations and their outcomes conducted by the

Department of Labour into the conduct of the tenderer at any time during the 36

months preceding the date of this tender.

SIGNED ON BEHALF OF THE TENDERER: ………………………………………………………….

T2-23


FORM B1: CONTRACTOR’S ESTABLISHMENT ON SITE

Note to Tenderer:

If the tenderer should require additional compensation for his obligations under Section 1

(over and above the total tendered for item 1.1) by including such additional compensation

in the tendered rates and/or lump sum of items in the pricing schedule, these items and the

value of such additional compensation shall also be set out in a letter attached to this form.

Should the combined, extended total tendered for item1.1: Establishment of the Contractor on site:

exceed a maximum of 20 % of the tender sum (excluding CPA and VAT), the tenderer shall clearly

set out his reasons for tendering in this manner in a letter attached to this page.

Tenderers are to note there are sub-totals within the overall 20% and the extended total tendered

for Items 1.1.1 and 1.1.2 may not exceed 15%, while the extended total tendered for Items 1.1.3

and 1.1.4 may not be less than 5%.

The relevant Regional Project Engineer will duly consider these reasons, but reserves the right to

consider the tendered rates to be imbalanced and to deal with them in terms of Conditions of

Tender F.3.9 contained in this volume.

Total tendered for item 1.1 expressed as a percentage of the tender sum: .........................%

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

T2-24


FORM C1: TENDERER’S B-BBEE VERIFICATION CERTIFICATE

Notes to tenderer: 1. The tenderer shall attach to this form a B-BBEE verification certificate in accordance with the

Construction Sector Codes of Practice promulgated in Gazette 32305 on 5 June 2009 (see F.3.11.8 of the tender data).

2. In the event of a joint venture (JV), a consolidated B-BBEE verification certificate in the name of

the JV shall be attached. 3. The attached verification certificate and the associated assessment report shall identify:

(a) The name and domicilium citandi et executandi of the tenderer. (b) The registration and VAT number of the tenderer. (c) The dates of granting of the B-BBEE score and the period of validity. (d) The expiry date of the verification certificate. (e) A unique identification number. (f) The standard and/or normative document, including the issue and/or revision used to

evaluate the tenderer. (g) The name and/or mark/logo of the B-BBEE verification agency or registered auditor. (h) The category (Generic, QSE, Exempt) in which the tenderer has been measured. (i) The B-BBEE status level. (j) The South African National Accreditation System (SANAS) or Independent Regulatory

Board of Auditors (IRBA) logo on the verification certificate once verification agencies have been accredited.

(k) The B-BBEE procurement recognition level. (l) The score achieved per B-BBEE element. (m) The % black shareholding. (n) The % black women shareholding. (o) The % black persons with disabilities (p) The value added status of the tenderer.

4. The Employer will not be responsible to acquire data that it needs for its own reporting systems

and which may not form part of a verification agency’s standard certificate format. The tenderer, at its own cost, must acquire any missing specified data listed in 3 above from its selected verification agency or registered auditor and have it recorded on the certificate. Alternatively, such missing data must be supplied separately, but certified as correct by the same verification agency or registered auditor and also attached to this form. Failure to abide by this requirement will result in such tenderer scoring zero preference.

T2-25


FORM C2: CONTRACT PARTICIPATION GOAL: DIRECT PARTICIPATION OF TARGETED

LABOUR CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) 1. Definitions 1.1 Labour

Labour is deemed to be a tenderer’s personnel whose monthly earnings are derived from hours worked for a fixed hourly rate which is adjusted from time to time by legislation (as a statutory minimum) and the tenderer’s employment policies 1.2 Targeted Labour Individuals, employed by the contractor or its approved subcontractor in the performance of the contract, who are defined as the target group in the contract and who permanently reside in the target area or who are recognized as being residents of the target area on the basis of identification and association with and recognition by the residents of the target area. 1.3 Target Group For this project the contract does not specify the target group based on gender, age or disability. However, specifically excluded from the Target Group is the contractor’s own permanent staff unless such staff are also from the Target Area. Permanent staff are deemed to be those employed by the contractor on a continuous basis for at least three (3) months preceding the commencement date of this contract. 1.4 Target Area For this contract, the target area is defined as Alfred Nzo District Municipality 2. Conditions associated with the contract participation goal The tenderer, undertakes to: 1) engage one or more targeted labour in accordance with the provisions of the SANS 1914 -4

as varied in section 3 hereunder; 2) accept the sanctions described in section 4 below; 3) complete the contract participation goal commitment form contained in section 5 below; and 4) complete the supporting contract participation goal calculation contained in section 6 below

and repeat this commitment in Form C1.2.3: Contract Data – Information provided by the Contractor.

3. Variation to the targeted construction procurement specification SANS 1914-4 The variations to SANS 1914-4 are set out below. Should any requirements of the variations conflict with requirements of SANS 1914-4 the requirements of the variations shall prevail.

T2-26

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) Calculations of the contract participation goal shall be based as a percent (%) of targeted labour costs of the tender sum (excluding VAT) and not calculated in accordance with methods 1 or 2 in Annexure A of SANS 1914-4. 4. Sanction/Bonus 4.1 In the event of a contractor’s failure to provide substantiation for under-performance of its

participation goal (e.g. due to quantitative under runs, the elimination of items, or any other reason beyond the contractor’s control) which may be acceptable to the Employer it shall be liable to pay to the Employer a financial penalty as prescribed in clause D1009(c) of Section D of Part C3: Scope of Works of the contract document.

4.2 In the event of over-performance of its participation goal for targeted labour, the contractor

will be eligible to a financial bonus as prescribed in clause D1009(c) of Section D of Part C3 Scope of Works of the contract document.

5. Commitment to contract participation goal in respect of targeted labour I/We hereby tender a Contract Participation Goal for targeted labour of …………%. (Note to tenderer: This shall not be less than 2%). The undersigned, who warrants that he/she is duly authorized to do so on behalf of the tenderer confirms that he/she understands the conditions relating to the direct participation of targeted labour and confirms that this commitment conforms to the target specified in Form C1.2.2: Contract Information provided by the Employer and confirms that this commitment has been recorded in Form C1.2.3: Contract Data: Information provided by the Tenderer. 6. Supporting Targeted Labour (CPG) calculation

TYPE OF TARGETED LABOUR

WORKING HOURS AVERAGE RATE TOTAL WAGE COST

Contractor’s labour

Temporary labour

Subcontractor’s labour

Total

Tender Sum (excluding VAT)

% of Tender Sum

SIGNED BY TENDERER: .......................................................................................................

T2-27


FORM D1: SCHEDULE OF WORK EXPERIENCE

The tenderer shall enter in the spaces provided below a complete list of the last ten subsurface

investigation contracts awarded to him. This information is deemed to be material to the award of

the contract.

EMPLOYER (NAME, TEL NO & FAX NO)

CONSULTING ENGINEER (NAME, TEL NO & FAX NO)

NATURE OF WORK

VALUE OF WORK

YEAR COMPLETED


T2-28


FORM D2: SCHEDULE OF CONTRACTOR’S EQUIPMENT

Note to Tenderer:

State with relevant symbol in the availability column.

The tenderer shall state below what rigs and equipment will be immediately available for this

contract, what rigs and equipment will become available by virtue of outstanding orders, and what

further rigs and equipment will be acquired or hired for the work should he be awarded the

contract.

a) RIGS AND EQUIPMENT IMMEDIATELY AVAILABLE (I)

b) RIGS AND EQUIPMENT ON ORDER (O)

(State details of arrangements made, with delivery dates)

c) RIGS AND EQUIPMENT THAT WILL BE ACQUIRED OR HIRED (H)

(State details of delivery arrangements)

DESCRIPTION, SIZE, CAPACITY NUMBER AVAILABILITY

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

T2-29


FORM D4: INDICATIVE CONSTRUCTION PROGRAMME

Note to tenderer:

If a tenderer wishes to submit an alternative tender then this form, appropriately completed,

shall be attached to the Pricing Schedule for the alternative proposal.

The tenderer shall attach a preliminary programme, reflecting the proposed sequence and tempo

of execution of the various activities comprising the work for this contract. The programme shall be

in accordance with the information provided in form D2: Schedule of contractor’s equipment, form

D5: Schedule of estimated weekly expenditure, and with all other aspects of the tender.


T2-30


FORM D5: SCHEDULE OF ESTIMATED WEEKLY EXPENDITURE Note to tenderer: If a tenderer wishes to submit an alternative tender then this form, appropriately completed, shall be attached to the Pricing Schedule for the alternative proposal. The tenderer shall state his estimated value of the work to be completed every week, based on his preliminary programme and his tendered unit rates, in the table below.

WEEK VALUE WEEK VALUE

1 2 3 4 5 6 7 8 TOTAL c/f

R .......................................... R .......................................... R .......................................... R .......................................... R .......................................... R .......................................... R .......................................... R .......................................... R ..........................................

TOTAL b/f 9(FINAL)*

R ........................................... R ...........................................

TOTAL: R ............................................................

* Final payment at end of Defects Notification Period is for balance of any payments due. SIGNED BY TENDERER: .........................................................................................................................

T2-31


FORM E1: SCHEDULE OF TENDER COMPLIANCE Note to tenderer: This form has been created as an aid to ensure a tenderer’s compliance with the completion of the returnable forms and schedules and subsequent placement in the correct envelope.

FORM NO FORM DESCRIPTION TICK IF COMPLETED

A1 CERTIFICATE OF ATTENDANCE AT CLARIFICATION MEETING

A2.1 CERTIFICATE OF AUTHORITY FOR SIGNATORY

A2.2 DECLARATION OF TENDERER’S CURRENT STATUS OF ANY DEBT OUTSTANDING TO SANRAL

A3.1/SBD4 COMPULSORY ENTERPRISE QUESTIONNAIRE

A3.2/SBD9 CERTIFICATE OF INDEPENDENT TENDER

A3.3/SBD8 DECLARATION OF TENDERER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

A4 SCHEDULE OF DEVIATIONS OR QUALIFICATIONS BY TENDERER

A5 SCHEDULE OF ADDENDA TO TENDER DOCUMENTS

A6/SBD2 CERTIFICATE OF TAX COMPLIANCE

A7 CERTIFICATE OF INSURANCE COVER

A8 TENDERER’S BANK DETAILS

A9 SCHEDULE OF TENDER’S LITIGATION HISTORY

A10 SCHEDULE OF CURRENT COMMITMENTS

A11 CERTIFICATE OF COMPLIANCE WITH COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT, 1993 (ACT NO. 130 OF 1993)

B1 CONTRACTORS ESTABLISHMENT ON SITE

C1/SBD6.1 TENDERER’S B-BBEE VERIFICATION CERTIFICATE

C2 CONTRACT PARTICIPATION GOAL: DIRECT PARTICIPATION OF TARGETED LABOUR

D1 SCHEDULE OF WORK EXPERIENCE

D2 SCHEDULE OF CONTRACTORS EQUIPMENT

D4 INDICATIVE CONSTRUCTION PROGRAMME

D5 SCHEDULE OF ESTIMATED WEEKLY EXPENDITURE

E1 SCHEDULE OF TENDER COMPLIANCE

C1.1.1/SBD7 FORM OF OFFER

C2.2/SBD3 PRICING SCHEDULE

C.2.3 SUMMARY OF PRICING SCHEDULE

SIGNED BY TENDERER: .........................................................................................................................

C1-1


PART C1: AGREEMENTS AND CONTRACT DATA

C1-2



C1.1 FORMS OF OFFER AND ACCEPTANCE .................................................... C1-3

C1.1.1 FORM OF OFFER ........................................................................................ C1-3

C1.1.2 FORM OF ACCEPTANCE ............................................................................ C1-5

C1.1.3 APPENDIX TO FORM OF ACCEPTANCE ................................................... C1-7

C1.2 CONTRACT DATA ....................................................................................... C1-8

C1.2.1 CONDITIONS OF CONTRACT .................................................................... C1-9

C1.2.2 CONTRACT DATA: INFORMATION PROVIDED BY THE EMPLOYER ....... C1-33

C1.2.3 CONTRACT DATA: INFORMATION PROVIDED BY THE TENDERER ....... C1-37

C1.3 OTHER STANDARD FORMS ....................................................................... C1-38

C1.3.1 FORM OF OCCUPATIONAL HEALTH AND SAFETY ACT

(ACT NO.85 OF 1993) .................................................................................. C1-38

C1.3.2 FORM OF REGISTRATION OF CONTRACT WITH DEPARTMENT OF

LABOUR ....................................................................................................... C1-41

C1.3.3 FORM OF RETENTION MONEY GUARANTEE ........................................... C1-43

C1.3.4 FORM OF BANKING DETAILS .................................................................... C1-45

C1-3


C1.1 FORMS OF OFFER AND ACCEPTANCE

C1.1.1 FORM OF OFFER

The South African National Roads Agency SOC Limited PO Box 415 PRETORIA 0001 Sir,

CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) I/we, by signing this part of the forms of offer and acceptance acknowledge they are the equivalent of the Letters of Tender and Acceptance as defined in clauses 1.1.1.3 and 1.1.1.4 in the “Conditions of Contract for Construction for Building and Engineering Works designed by the Employer” (1999), published by the Federation Internationale des Ingenieurs-Conseils (FIDIC). I/we, confirm that I/we practice the principles of corporate governance that abhors corruption and fraud and that I/we have examined the documents listed in the tender data and addenda thereto as listed in the returnable schedules and am/are duly authorised to represent and commit the tenderer to the contractual obligations contained therein. I/we further confirm that by submitting this offer the tenderer accepts the conditions of tender and 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 tender and the conditions of contract identified in the contract data. A. PRICE OFFERED THE OFFERED TOTAL OF THE PRICES (INCLUSIVE OF VALUE ADDED TAX) BROUGHT FORWARD

FROM SECTION C2.3: PRICING SCHEDULE SUMMARY IS ..................................................................

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

.................................................................................................................................................... (in words)

(R .............................................................................................................................................. in figures) I/we confirm that if any difference between the total of the Pricing Schedule Summary and the amounts stated above exists, the total in the Pricing Schedule Summary shall apply. Furthermore, I/we understand that failure or omission to complete the offer in words and/or figures or sign this form shall render my/our offer non-responsive and not correctable. B. PREFERENCE CLAIMED I/we claim the following B-BBEE contributor status level ......................... as per Returnable Schedule Form C1: Tenderer’s B-BBEE Verification Certificate subject to Tender Data F.3.11.8. In the event of any difference between the above stated status level and the Verification Certificate attached to Form C1, the Verification Certificate shall apply. You may accept this offer by signing and returning to the tenderer one copy of the Form of acceptance before the end of the period of validity stated in the tender data, (or at the end of any agreed extension

C1-4

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) thereof), whereupon the tenderer becomes the party named as the contractor in the conditions of contract identified in the contract data. Notwithstanding anything contained in a covering letter to this tender, I/we declare this offer is submitted entirely without deviations or qualifications other than those stipulated in Form A4: Schedule of Deviations or Qualifications by the tenderer and that it is made free from any fraud, corruption and misrepresentation. Yours faithfully

SIGNATURE: ......................................................... DATE: .......................................................................

NAME (IN CAPITALS): ..............................................................................................................................

CAPACITY: ................................................................................................................................................

Date and minute reference of Board resolution if different from returnable schedule Form A2:

Certificate of Authority for signature ...........................................................................................................

NAME AND ADDRESS OF ORGANISATION: ..........................................................................................

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

NAME AND SIGNATURE OF WITNESS:

SIGNATURE: ......................................................... DATE: .......................................................................

NAME (IN CAPITALS): ..............................................................................................................................

C1-5


C1.1.2 FORM OF ACCEPTANCE

To (Name of successful tenderer) Dear Sir, CONTRACT NO. NRA R061-060-2012/1D FOR GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE R61 SECTION 6 BETWEEN TSOJANA (KM 7.4) AND QUMANCO (KM 42.2) ACCEPTANCE OF OFFER 1. It is our pleasure to inform you that the South African National Roads Agency SOC Ltd (the Employer)

accepts your offer in the amount of R…………….. (i.e. including VAT but excluding CPA, and any contingent sum not in the priced schedule).

2. The amount due may not be the accepted price but payment shall be made in accordance with the

conditions of contract identified in the contract data. 3. This Form of Acceptance is the equivalent of the Letter of Acceptance as defined in clause 1.1.1.3 of

the “Conditions of Contract for Construction for Building and Engineering Works designed by the Employer” (1999), published by the Federation Internationale des Ingenieurs-Conseils (FIDIC).

4. Acceptance shall form an agreement between us according to the terms and conditions contained in

this form and in the contract that is comprised of: Part C1: Agreements and Contract Data (including this form of acceptance), Part C2: Pricing Data, Part C3: Scope of the Work, Part C4: Site Information, and Part C5: Annexures together with issued drawings and other documents, or parts thereof, which may be incorporated by

reference into the Parts listed above. 5. Deviations and/or qualifications included in your offer as well as any changes to the terms of the offer

agreed by us during the process of offer and acceptance shall not be valid unless contained in the appended schedule of deviations. In the event that an alternative offer is accepted, it is a fundamental condition of acceptance that all responsibilities and concomitant liabilities arising from the alternative design pass from us to you. Addenda issued during the tender period are deemed not to be deviations to the tender documents and schedules.

6. Notwithstanding the need to agree the mandate required by Section 37 of the Occupational Health and Safety Act (Act 85 of 1993), a proforma of which is attached for your reference, we hereby appoint you as the principal contractor in terms of Regulation 4(1)(c) of the aforesaid Act.

7. Within 14 calendar days of the date of this Form of Acceptance (including the schedule of deviations if

any) you shall deliver to us: i. Performance Security (per clause 4 of the FIDIC Conditions of Contract) a proforma of which is

attached for your reference. The 10% calculation shall be based on the accepted contract value as contained in this form and there shall be no deviations from the wording of the proforma guarantee.

ii. Proof of insurance in terms of the information provided in the contract data and clause 18 of the FIDIC Conditions of Contract. Proof of currency of insured cover shall be provided on a monthly basis until contract completion.

C1-6


iii. Proof that the contract has been registered by the Department of Labour in terms of Occupational Health and Safety legislation, for which purpose the relevant forms have already been partially completed by us and attached hereto.

iv. A completed Form of Banking Details. Failure to fulfil either of the obligations (i) and (ii) above shall constitute a repudiation of this agreement

and we may at our discretion apply any rights of remedy including barring you from tendering on any of our future tenders for a period to be determined by us, but not less than twelve (12) months, from the date of tender closure.

8. The effective date of the contract shall be the date of this Form of Acceptance unless you, within

seven (7) calendar days of the effective date, notify us in writing of any justification why you cannot accept the contents of this agreement.

9. The commencement date of the contract shall be that on which the site hand-over meeting is held,

which shall not be later than …. (usually 28 calendar days after the date of this form, or earlier if circumstances demand and as agreed between tenderer/Employer).

10. Notwithstanding that a full, original-signed copy of the contract document containing all contract data

and schedules (including that of accepted deviations) will be delivered to you, this Form of Acceptance constitutes the binding contract between us.

11. Messrs …………….. act as our agent to fulfil the functions of the engineer in the administration of this

contract. Please contact …………at …….to make arrangements for the signing of the contract documents and hand-over of the site.

SIGNATURE: ...................................................... DATE: ......................................................................

NAME (IN CAPITALS): ..............................................................................................................................

CAPACITY: Regional Manager, Southern Region

EMPLOYER’S NAME AND ADDRESS:

South African National Roads Agency SOC Ltd

SANRAL House, Block C, Southern Life Gardens

70 Second Avenue

Newton Park

Port Elizabeth

AUTHORITY TO ACT: SANRAL’s Delegation of Powers Item 3.41

NAME & SIGNATURE OF WITNESS

SIGNATURE: ...................................................... DATE: ......................................................................

NAME (IN CAPITALS): ………………………………………………………………………………………….

C1-7


C1.1.3 APPENDIX TO FORM OF ACCEPTANCE

Schedule of deviations Notes: 1) The extent of deviations from the tender documents issued by the Employer before the tender

closing date is limited to those permitted in terms of the conditions of tender. 2) A tenderer’s covering letter shall not be included in the final contract document. Should any

such letter, which constitutes a deviation as aforesaid, become the subject of agreements reached during the process of offer and acceptance, the outcome of such agreement shall be recorded here.

3) 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.

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

The deviations listed below constitute agreed variations/amendments to the tender data and schedules negotiated between the tenderer and employer based on information provided in Form A4: Schedule of Variations or deviations by tenderer. Addenda issued during the tender period are deemed not to be variations to the tender. 1. Subject: .....................................................................................................................................

Details: .....................................................................................................................................

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

Details: .....................................................................................................................................

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

Details: .....................................................................................................................................

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

Details: .....................................................................................................................................

By the duly authorised representatives signing this agreement, the Employer and the tenderer agree to and accept the aforegoing schedule of deviations as the only deviations from and amendments to the documents listed in the tender data and addenda thereto as listed in the returnable schedules, as well as any confirmation, clarification or changes 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.

C1-8


C1.2 CONTRACT DATA

Note to tenderer:

The Conditions of Contract for Construction (1999 edition) prepared by the International

Federation of Consulting Engineers (FIDIC), as amended, shall apply to this contract. The

amendments are those issued by FIDIC and reproduced hereafter, together with additional

amendments (Particular Conditions of Contract) as prescribed by the South African

National Roads Agency Limited.

C1-9


C1.2.1 CONDITIONS OF CONTRACT

CONTENTS PAGE

PART A: GENERAL CONDITIONS – FIDIC AMENDMENTS ...................................... C1-10

PART B: PARTICULAR CONDITIONS OF CONTRACT ............................................. C1-11

C1-10

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) PART A: GENERAL CONDITIONS - FIDIC AMENDMENTS Up to October 2015 no amendments have been issued by FIDIC.

C1-11

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) PART B: PARTICULAR CONDITIONS OF CONTRACT

Note to Tenderer:

The following amendments are the South African National Road Agency SOC Limited’s standard

particular conditions to the FIDIC Conditions of Contract 1999 and shall apply to this contract.

C1-12


CONDITIONS OF CONTRACT

PARTICULAR CONDITIONS AMENDING THE GENERAL CONDITIONS OF FIDIC

CONTENTS PAGE

1.1 Definitions .................................................................................................................. C1-15

1.2 Interpretation .............................................................................................................. C1-16

1.5 Priority of Documents ................................................................................................. C1-16

1.6 Contract Agreement ................................................................................................... C1-17

1.7 Assignment ................................................................................................................ C1-17

1.8 Care and Supply of Documents .................................................................................. C1-17

2.3 Employer’s Personnel ................................................................................................ C1-17

3.1 Engineer’s Duties and Authority ................................................................................. C1-17

4.1 Contractor’s General Obligations ................................................................................ C1-18

4.2 Performance Security ................................................................................................. C1-18

4.4 Subcontractors ........................................................................................................... C1-18

4.7 Setting Out ................................................................................................................. C1-189

4.8 Safety Procedures ...................................................................................................... C1-19

4.10 Site Data .................................................................................................................... C1-19

4.13 Rights of Way and Facilities ....................................................................................... C1-19

4.17 Contractor’s Equipment .............................................................................................. C1-20

4.18 Protection of the Environment .................................................................................... C1-20

4.19 Electricity, Water and Gas .......................................................................................... C1-20

4.20 Employer’s Equipment and Free-Issue Material ......................................................... C1-20

4.21 Progress Reports ....................................................................................................... C1-20

4.22 Security of the Site ..................................................................................................... C1-20

4.24 Fossils ........................................................................................................................ C1-21

6.5 Working Hours ........................................................................................................... C1-21

6.7 Health and Safety ....................................................................................................... C1-21

6.12 Indemnity by Contractor ............................................................................................. C1-21

8.1 Commencement of Work ............................................................................................ C1-21

8.3 Programme ................................................................................................................ C1-22

8.4 Extension of Time for Completion ............................................................................... C1-22

C1-13

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) 10.2 Taking Over of Parts of the Works .............................................................................. C1-22

11.9 Performance Certificate .............................................................................................. C1-23

11.11 Clearance of Site ........................................................................................................ C1-23

12.3 Evaluation .................................................................................................................. C1-21

13.3 Variation Procedure .................................................................................................... C1-23

13.5 Provisional Sums ....................................................................................................... C1-24

13.6 Daywork ..................................................................................................................... C1-24

13.8 Adjustments for Changes in Costs ............................................................................. C1-24

14.3 Application for Interim Payment Certificates ............................................................... C1-24

14.5 Plant and Materials intended for the Works ................................................................ C1-25

14.6 Issue of Interim Payment Certificates ......................................................................... C1-25

14.7 Payment ..................................................................................................................... C1-25

14.8 Delayed Payment ....................................................................................................... C1-26

14.10 Statement at Completion ............................................................................................ C1-26

14.11 Application for Final Payment Certificate .................................................................... C1-26

14.15 Currencies of Payment ............................................................................................... C1-26

15.2 Termination by the Employer ...................................................................................... C1-26

17.3 Employer’s Risks ........................................................................................................ C1-27

18.1 General Requirements for Insurances ........................................................................ C1-27

18.2 Insurance for Works and Contractor’s Equipment ...................................................... C1-27

18.3 Insurance against Injury to Persons and Damage to Property .................................... C1-28

18.4 Insurance for Contractor’s Personnel ......................................................................... C1-28

19.5 Force Majeure Affecting Subcontractor ...................................................................... C1-28

20.1 Contractor’s Claims .................................................................................................... C1-28

20.2 Settlement of Disputes ............................................................................................... C1-29

20.3 Mediation ................................................................................................................... C1-30

20.4 Reference to Court ..................................................................................................... C1-32

20.5 Special Disputes ........................................................................................................ C1-32

20.6 Continuing Validity of Sub-Clauses 20.2 to 20.6 ......................................................... C1-32

APPENDIX: General Conditions of Dispute Adjudication Agreement ................................... C1-32

ANNEXURE:Procedural Rules ............................................................................................ C1-33

C1-14

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) SUBJECT INDEX

Clause Clause

Adjustments for Changes in Costs Appendix to Tender Definition Application for Final Payment Certificate Application for Interim Payment Certificates Assignment BE Definition Bill of Quantities Definition BP Definition Care and Supply of Documents Clearance of Site Commencement of Work Continuing Validty of Sub-clauses 20.2 to 20.6 Contract Agreement Contract Definition Contract Price Adjustment Schedule Contractor’s Claims Contractor’s Equipment Contractor’s General Obligations Court Currencies of Payment Day Definition Daywork Definition of Force Majeure Delay Damages Delayed Payment Disorderly Conduct Disputes Electricity, Water and Gas Employer’s Equipment and Free-Issue Material Employer’s Personnel Employer’s Risks (SASRIA) Engineer’s Duties and Authority Environmental Protection Evaluation Extension of Time for Completion Force Majeure Defintion Force Majeure affect Subcontractor Fossils Health & Safety Indemnity by Contractor General Requirements for Insurances Insurance against Injury to Persons and Damage to Property Insurance for Contractor’s Personnel Insurance for Works and Contractor’s Equipment Issue of Interim Payment Certificates

13.8 1.1.1.9 14.11 14.3 1.7 1.1.2.11 1.1.1.10 1.1.2.13 1.8 11.11 8.1 20.6 1.6 1.1.1.1 13.8 20.1 4.17 4.1 20.4 14.15 1.1.3.9 13.6 19.1 8.7 14.8 20.2 20.3 2.3 4.19 4.20 17.3 3.1 4.18 12.3 8.4 19.1 19.5 4.24 6.7 6.12 18.1 18.3 18.4 18.2 14.6

Laws Definition Letter of Acceptance Definition Letter of Tender Definition Materials on Site Mediation Payment Payment Certificates Performance Certificate Performance Security Plant and Materials Intended for the Works Priority of Documents Programme Progress Reports Protection of the Environment Provisional Sums Reference to Court Retention Money Guarantee Rights of way and Facilities Safety Procedures Schedules Definition Security of the Site Setting Out Settlement of Disputes Site Data SMME Definition Special Disputes Specification Definition Statement at Completion Subcontractors & Suppliers Supplementary Agreement Definition Taking over Parts of the Works Tender Definition Termination by the Employer Variation Procedure Working hours Written Communications

1.1.6.5 1.1.1.3 1.1.1.4 14.5 20.3 14.7 14.6 11.9 4.2 14.5 1.5 8.3 4.21 4.18 13.5 20.4 14.3 4.13 4.8 1.1.1.7 4.22 4.7 20.2 4.10 1.1.2.12 20.5 1.1.1.5 14.10 4.4 1.1.6.10 10.2 1.1.1.8 15.2 13.3 6.5 1.2

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PARTICULAR CONDITIONS AMENDING THE GENERAL CONDITIONS OF FIDIC

1.1 Definitions

1.1.1 The Contract

Replace 1.1.1.1 with:

“ “Contract” means the Form of Offer and Acceptance, Contract Data, these Conditions, the

Specifications, the Drawings, the Schedules, and the further documents (if any), which are listed in

the Form of Offer and Acceptance, and further includes drawings and documents or parts thereof,

which any of the aforesaid documents incorporate by reference.”


“Letter of Acceptance” means the Form of Acceptance as contained in part C1.1.2 of the

contract documents.”


“Letter of Tender” means the Form of Offer as contained in part C.1.1.1 of the contract document.”


“Specification” means that document entitled Scope of Work, as included in the Contract, and any additions and modifications to the Scope of Work in accordance with the Contract. Such document specifies the Works.”


“Schedules” means the document(s) completed by the Contractor and submitted with his tender offer, as included in the Contract. Such document(s) may include the Bill of Quantities, data lists and schedules of rates and/or prices.”


“Tender” means that section of the Form of Offer and Acceptance called ‘Offer’ and all other documents which the Contractor submitted as Returnable Documents, as included in the Contract.”


“ “Appendix to Tender” means the completed section entitled C1.2.2 Contract Data – Information provided by the Employer included in this Contract Data:”

1.1.1.10 Add the following:

“Bill of Quantities shall also mean the Pricing Schedule as contained in section C2.2 of the contract document.”

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1.1.2 Parties and Persons

Add the following:

“1.1.2.11 “BE” means Black Enterprise as defined in Part D of the Project Specifications.

1.1.2.12 “SMME” means Small, Medium and Micro Enterprise as defined in Part D of the Project Specifications.”

“1.1.2.13 “BP” means Black People as defined in Part D of the Project Specifications.

1.1.3 Dates, Tests, Periods and Completions


“A “day” means a calendar day, except for any extension of time that is granted under Sub-Clause 8.4, [Extension of Time for Completion], in which case a day means a working day. A ”Year” means 365 calendar days”

1.1.6 Other Definitions

1.1.6.5 “Laws”

In the 1st line, replace “(or state)” with “(or other spheres of government)” and in the 2nd line, after “other laws”, insert “including the South African Common Law”.

Add the following:

“1.1.6.10 “Supplementary Agreement” means an agreement between the Employer and the Contractor for executing work, supplemental to the original Contract, which was not contemplated in the original Contract and is also not required for the proper completion of the original Contract.”

1.2 Interpretation

Replace the contents of (d) with:

“The expression “written”, “in writing”, “notify”, “the giving of notice”, “giving consent”, “as instructed” or “at the request of” means that communication, either hand-written or printed by whatever means, including transmission by telefax or e-mail, and resulting in a permanent record. However, such notice, instruction, consent or request is not deemed to have been delivered by virtue of its appearance in the minutes of meetings.”

1.5 Priority of Documents

Replace sub-paragraphs items (a) to (h) with:

“(a) the Forms of Offer and Acceptance

(b) the Appendix to Tender within the Contract data

(c) the Particular Conditions of Contract

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(d) the General Conditions

(e) the Scope of Works,

(f) the project Drawings,

(g) the standard Specifications,

(h) the standard Drawings, and

(i) the Schedules and any other documents forming part of the Contract.”

1.6 Contract Agreement

Replace the 1st two sentences with the following:

“The Parties shall enter into a Contract Agreement when the Employer issues the Form of Acceptance (see Particular Condition 1.1.1.3). The Contract Agreement shall be in the form prescribed in the tender documents”

1.7 Assignment

Change the title of this sub-clause to read “Assignment/Cession” and replace its contents with the following:

“Neither Party 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.”

1.8 Care and Supply of Documents

In the 1st paragraph, 2nd line, change “two copies” to “one copy”.

In the 2nd paragraph, 3rd line, change “six” to “two”.

2.3 Employer’s Personnel

In the 1st sentence delete “and the Employer’s other contractors”.

3.1 Engineer’s Duties and Authority

After the 3rd paragraph insert the following:

“In addition to the actions stipulated in the General Conditions whereby the Engineer shall first obtain the approval of the Employer, the Employer’s approval shall also be obtained before taking any action under Sub-Clauses 8.4; 11.9; 13.3 and 20.1 as amended in these Particular Conditions”.

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4.1 Contractor’s General Obligations

Add the following sentence to the 1st paragraph:

“With regard to the Contractor’s proposals submitted under the item of the Scope of Works entitled “Requirements of Government’s Programme for Broad-Based Black Economic Empowerment”, if the Contractor fails to provide the employment or training to the extent proposed, the Employer may impose penalties as set out in the above-mentioned Scope of Works.”

Add the following to the 2nd paragraph:

“Where necessary to maintain the rate of progress required by the programme, the Contractor shall assist an SMME/BE Subcontractor employed as a condition of contract in buying, bringing to Site and storing on Site all Materials, Plant and equipment to be supplied by, or required for work to be done by, the SMME/BE Subcontractor.”

4.2 Performance Security

Replace the 2nd paragraph with:

“The Contractor shall deliver the Performance Security to the Employer within 14 days of the date of issue of the Letter of Acceptance. The Performance Security shall be issued by a bank or insurance company registered or licensed as a bank or insurance company to do business in the Republic of South Africa and approved by the Employer and having an office or banking facility in the Republic of South Africa. The Performance Security shall be subject to approval by the Employer and shall be in the form prescribed in the tender documents or in another form approved by the Employer.”

In the last line of the last paragraph replace the words “Performance Certificate” with “Taking-Over Certificate”.

4.4 Subcontractors

Change the title to read “Subcontractors and Suppliers”

In the first paragraph delete “the whole of the Works” and add “more than 40% of the Works without the express approval of the Employer”.

In the 1st line of the 2nd paragraph, after the word “Subcontractor” replace the expression “his agents or employees” with “suppliers, their agents or employees”.

Add the following sub-paragraphs:

“(e) If the Contractor is required to employ one or more Subcontractors under his targeted enterprise development, then the subcontract agreement between the Contractor and the Subcontractor shall be the standard FIDIC subcontract agreement (version 2011) and the provisions of Sub-Clause 5.4 [Evidence of Payments] shall apply as if such Subcontractor is a nominated Subcontractor.

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(f) Each subcontract agreement shall include the provisions:

(i) The Contractor undertakes to pay the Subcontractor the full value as certified by the Engineer as being due in each Interim Payment Certificate, without any deduction for plant, equipment, materials or fuel supplied by the Contractor. The Contractor further undertakes to make payment within 21 days of presentation by the Engineer of the Contractor’s own Interim Payment Certificate to the Employer for payment, or by the 25th of the month following that in which the Subcontractor completed the work, whichever date is earlier.

(ii) The Subcontractor’s retention money shall be released when a Subcontractor’s work does not show any defect within 12 (twelve) months after the completion of the subcontract. However, the Subcontractor’s retention money may be withheld but only if the Performance Certificate is unable to be issued because of defective workmanship attributable to the Subcontractor.”

4.7 Setting Out

Amend the second line of the second paragraph to read;

“……reference, provided that the Contractor shall provide proof of their inaccuracy before they are used.”

4.8 Safety Procedures

Add the following sub-paragraph:

“(f) enter into and execute an agreement as provided for under Section 37 (2) of the Occupational Health and Safety Act, 1993 (Act No 85 of 1993) and shall comply with all other requirements of Act No 85 of 1993 and Construction Regulations, 2003. The agreement in the relevant form shall be prepared at the expense of the Employer.”

4.10 Site Data

In the 1st paragraph, 1st sentence, replace “prior to the Base Date” with “either as part of or by reference in the Tender Documents or, otherwise, not later than 7 days before the latest date for submission of the Tender Documents”, and delete the 2nd sentence.

4.13 Rights of Way and Facilities

Add the following paragraph:

“The Contractor shall abide by the procedures for the provision of deviation, haul and construction roads, and the requirements for the construction, maintenance and final reinstatement of such roads, all as set out in the standard Specifications.”

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4.17 Contractor’s Equipment


“The Contractor shall notify the Engineer, in writing, of the names and addresses of the owners of all major items of equipment not owned by the Contractor.”

4.18 Protection of the Environment

In the 1st paragraph, 1st sentence add “and shall ensure compliance with all the environmental requirements indicated in Section 41: Environmental Management of the Standard Specifications.”


“The Contractor shall indemnify the Employer against any liability arising from or in relation to any of the above matters.”

4.19 Electricity, Water and Gas

In the 1st paragraph, 1st line, delete “except as stated below”, and delete the 2nd and 3rd paragraphs.

4.20 Employer’s Equipment and Free-Issue Material

Delete “and Free-Issue Material“ from the title of the sub-clause and delete the 3rd and 4th paragraphs.

4.21 Progress Reports

In the 1st paragraph, 2nd line, delete “in six copies”

4.22 Security of the Site

Replace the fullstop at the end of subclause (b) with a comma and continue this clause as follows:

“... on the Site, or utility or service owners whom the Employer or the Engineer identifies as having also been authorised. Without said notice, the Contractor may refuse access to such utility or service owners; and”

Add the following subclause:

“(c) The Contractor shall indemnify the Employer against any liability for damage incurred to, or loss of, property within the site identified in the contract documents as not belonging to the Employer regardless of whether or not such damage or loss is caused by the Contractor’s equipment.”

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4.24 Fossils

In the 1st paragraph, 1st sentence after “fossils” insert “and graves” and in the 2nd sentence, add “and shall indemnify the Employer against any liability arising from such loss or damage.”

6.5 Working Hours

Replace the 1st sentence with the following:

“No work shall be carried out on Site on Sundays or on any special non-working day stated in the Contract Data or between sunset and sunrise on any day, unless:”

6.7 Health and Safety

Replace the 1st paragraph with the following:

“The Contractor shall provide and maintain on the Site adequate and suitable sanitary and first aid services (including the provision at all times of a person qualified to render medical first aid) and a supply of potable water for the Contractor’s, the Employer’s and the Engineer’s personnel engaged on the Contract and, if necessary, similar facilities elsewhere for such personnel off the Site.”

Add the following new sub-clause:

6.12 Indemnity by Contractor

The Contractor shall indemnify the Employer against and from all damages, losses and expenses (including legal fees and expenses) resulting from:

(a) the loss of output and delay caused by the slowing down or partial or total stoppage of work caused by:

i. all or any of the Contractor’s workforce as a result of a dispute between all or any of the Contractor’s workforce and the Contractor; or

ii. all or any of the Contractor’s suppliers’ difficulty or impossibility to deliver goods or materials needed to perform the Works;

(b) any unlawful, riotous or disorderly conduct by or amongst the Contractor’s personnel.”

8.1 Commencement of Work

In the 1st paragraph, delete the 1st sentence, and in the 2nd sentence replace “42 days after the Contractor receives the Letter of Acceptance” with “14 days of the date of issue of the Letter of Acceptance.”

In the 2nd line of the 2nd paragraph, after the words “Commencement Date”, insert “but within the period stated in the Contract Data.”

C1-22


8.3 Programme

Replace the 1st sentence of the 1st paragraph with “The Contractor shall submit a detailed programme to the Engineer within 7 days of the Commencement Date.”

Add to the items to be included in the programme the following sub-paragraph:

“(e) The Contractor’s cash flow forecast.

(f) documented details of the contractor’s environmental mitigation measures and health and safety plans in respect of all construction activities”

In the 2nd paragraph replace “21” with “7”.

8.4 Extension of Time for Completion

Replace the word “Engineer” with “Employer” in the last sentence of the last paragraph.

8.7 Delay Damages

Change the marginal heading of this clause to read “Delay Damages and Other Non-compliance Charges” and insert the following as a first paragraph to this clause:

“Delay damages and other payments to the Employer for late delivery, failure to achieve intra-programme due dates or non-compliance events shall apply as follows:”

Keep the existing two paragraphs unchanged as subclause (a) and add the following subclause relating to other non-compliance charges:

“(b) If the Contractor fails to achieve programmed completion dates that result in extended duration of accommodation of traffic closures, or fails to adhere to specified controls and targets, penalties shall be levied by deductions from relevant Interim Payment Certificates in terms of subclause (f) of clause 14.3 [Application for Interim Payment Certificates] at the rates stated in the Appendix to Tender.”

10.2 Taking Over of Parts of the Works

Delete the 2nd paragraph.

Between the 3rd and 4th paragraphs insert the following paragraph:

“The Employer may make use of any part of the Permanent Works prior to the issue of a Taking Over-Certificate.”

C1-23


Delete the 5th paragraph.

11.9 Performance Certificate

In the 1st paragraph, 2nd line and in the 2nd paragraph, 1st line, replace the word “Engineer” with “Employer”.

Delete the last sentence of the 2nd paragraph.

11.11 Clearance of Site

Replace the 1st paragraph with the following:

“With the exception of Plant, Materials and Contractor’s Equipment required to complete any outstanding work or to remedy defects or damage as notified by, or on behalf of, the Employer and which Plant, Materials and Contractor’s Equipment have been agreed by the Engineer and the Contractor, the Contractor shall, upon receipt of the Taking-Over Certificate, remove all Contractor’s Equipment and surplus material, wreckage, rubbish and Temporary Works, from the Site unless otherwise instructed by the Engineer.”

In the 2nd paragraph, replace “after the Employer receives a copy of the Performance Certificate” with “after the issue of the Taking-Over Certificate”.

12.3 Evaluation

Replace the second sentence of paragraph two with the following:

“However a new rate or price shall be appropriate for an item of work only if notice has been given and if ...”

Replace the word “Contract” with ‘Appendix to Tender’.

13.3 Variation Procedure

Replace the 3rd paragraph with the following:

“Each instruction to execute a Variation, unless the Variation is to be executed on a Daywork basis, shall be a written instruction presented in the form of a Variation order. The Variation order shall be presented to the Employer, who shall signify his approval before the order is signed by the Engineer and issued to the Contractor, who shall acknowledge his acceptance by signing the order. The Contractor shall not accept a Variation order that is not approved and signed by the Employer”.

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13.5 Provisional Sums

In the 1st line of sub-paragraph (b) after “services” insert “and including items for which a prime cost sum has been provided in the Bill of Quantities”.

13.6 Daywork

Replace the 2nd and 3rd sentences in the 1st paragraph with “The following procedure shall apply.”

Add the following as the 5th paragraph of this sub-clause:

“The work shall be valued in accordance with the Daywork Schedule included in the Contract or, in the absence of a Daywork Schedule or for items not included in the Daywork Schedule the Contractor shall be paid the aggregate of:

(i) the gross remuneration of the workmen for the time they are actually engaged on the work concerned,

(ii) the net cost of Materials actually used,

(iii) an amount in respect of Contractor’s Equipment which shall be charged on a time basis at the rates stated in the Tender, failing which at rates, to be agreed between the Contractor and the Engineer or, failing agreement, to be determined by the Engineer on the basis of ruling equipment hire rates and

(iv) the percentage allowances stated in the Contract Data, which allowances shall be held to cover all charges for the Contractor’s and/or Subcontractor’s profits, timekeeping, clerical work, insurance, establishment, superintendence and the use of hand tools.”

13.8 Adjustments for Changes in Costs

Replace this subclause with the following:

"In this contract, no contract price adjustment factor shall be applied to the value of certificates issued in terms of subclause 14.6.”

14.3 Application for Interim Payment Certificates

In the 1st line of the 1st paragraph, delete “in six copies.”

In the 4th line of the 1st paragraph, change “the report” to “reports.”

In the 2nd paragraph, sub-paragraph (c), after “above amounts” insert “and 80% of the value of Materials on Site” and add the following as a final paragraph:

“If, as stated in the Contract Data, a Retention Money Guarantee is permitted and the Contractor elects to furnish it, the guarantee shall, at the cost of the Contractor, be executed by an insurance company or bank in a form approved by the Employer.

C1-25


The said company or bank shall be registered or licensed to do business in the Republic of South Africa and shall have an office and banking facility in the Republic of South Africa and shall be subject to approval by the Employer.

The aggregate liability under the guarantee shall be the maximum amount of retention monies to be retained by the Employer, which amount shall be as stated in the Contract Data.

Other conditions, if any, additional to the above standard conditions shall be as stated in the Contract Data.

The guarantee shall expire on the date on which the last of the retention monies (which, but for the guarantee, would have been retained by the Employer) becomes payable to the Contractor.

The guarantee shall be returned to the guarantor upon final payment of the aggregate liability or on the date of expiry, whichever is the earlier.”

14.5 Plant and Materials intended for the Works

In the first paragraph delete “If this Sub-Clause applies”


In the 3rd paragraph, delete sub-paragraphs (b) and (c) (i) and amend sub-paragraph (a) so that (c) (ii) becomes (a) (iii) thus;

“(a)(ii) supported by satisfactory evidence; and

(a) (iii) the relevant Plant and Materials have been delivered to; and


“If so agreed in writing by the Employer, the provisions of this Sub-Clause 14.5, as amended herein, shall apply equally to Plant and Materials intended for incorporation in the Permanent Works and stored at places other than the Site.”

14.6 Issue of Interim Payment Certificates

In the 2nd line of the 1st paragraph replace “28” with “14”

14.7 Payment

In sub-paragraphs (b) and (c) of the 1st paragraph replace “56” with “28”.


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14.8 Delayed Payment

Replace the 2nd paragraph with the following:

“These financing charges shall be at the rate prescribed in terms of the Prescribed Rate of Interest Act, 1975 (Act No 55 of 1975)”.

14.10 Statement at Completion

In the 2nd line of the 1st paragraph delete “six copies of”.

14.11 Application for Final Payment Certificate

In the 2nd line of the 1st paragraph delete “six copies of”.

In the 3rd paragraph, replace the last sentence with:

“Thereafter, when the dispute is finally resolved, the Contractor shall then prepare and submit to the Employer (with a copy to the Engineer) a Final Statement.”

14.15 Currencies of Payment

Delete this sub-clause.

15.2 Termination by the Employer

Delete subparagraph (f) and replace with the following:

(f) Gives or has given, offers to give or has offered to give (directly or indirectly) to any person any bribe, gift, gratuity, commission or other thing of value, as an inducement or reward:

(i) for doing or forbearing to do any action in relation to the Contract or any other contract with the Employer or State Department or Organ of State, or

(ii) for showing or forbearing to show favour or disfavour to any person in relation to the Contract or any other contract with the Employer or State Department or Organ of State,

or if any of the Contractor’s Personnel, agents or Subcontractors gives or has given, offers to give or has offered to give (directly or indirectly) to any person any such inducement or reward as is described in this sub-paragraph (f). However, lawful inducements and rewards to Contractor’s Personnel shall not entitle termination. "

C1-27


Add the following sub-paragraph:

(g) Misrepresented, whether innocently, negligently or fraudulently, the true facts requested in the tender documents."

Insert the following after the expression e) or f) in the penultimate line of the second paragraph;

“or g)”

Replace the full stop at the end of the third paragraph with a comma and add the following:

"including the right to terminate any other contract between the Employer and the Contractor and to forbid the Contractor or any employee, partner, shareholder or director of the Contractor to tender on any future projects put out to tender by the Employer for a period of five years from the date of notice of termination, which period may be reduced by application to and at the sole discretion of the Employer."

17.3 Employer’s Risks

Add the following to sub-paragraph (c):

“unless these risks are insurable with the South African Special Risks Insurance Association (SASRIA) at the time of tendering and it is stipulated in the Appendix to Tender that the Contractor is to effect insurance against these risks”.

18.1 General Requirements for Insurances

Replace this sub-clause with the following:

“The Contractor shall effect all insurances as have been proposed and agreed by the Contractor as being necessary to adequately cover his insurable obligations under the Contract and shall maintain such insurances for the duration of the Contract.

The Employer shall be entitled at his discretion to call for evidence of the scope and validity of such insurance as and when this may be required.

If required, the Contractor shall provide proof that he has paid all contributions required in terms of the compensation for Occupational Injuries and Diseases, 1993 (Act No 130 of 1993).”

18.2 Insurance for Works and Contractor’s Equipment

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SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) Delete this sub-clause.

18.3 Insurance against Injury to Persons and Damage to Property


18.4 Insurance for Contractor’s Personnel


19.1 Definition of Force Majeure

In the third line of subclause 19.1(iii) insert “or suppliers,” after the word “Subcontractors”.

19.5 Force Majeure Affecting Subcontractor

Amend the title to read “Force Majeure Affecting Subcontractor and Supplier”.

In the first line insert “or supplier” after the word “Subcontractor”.

20.1 Contractor’s Claims

In paragraph 5, insert the following after the first sentence;

"If an extension of time is granted the Contractor shall be paid such additional time-related Preliminary and General allowances as are appropriate having regard to any other compensation which may already have been granted in respect of the circumstances concerned. Payment of costs additional to the above will only be considered if the costs derive from claims that fall within the terms of Sub-clause 17.3 [Employer’s Risk].”

Replace the 6th paragraph with the following:

“After receiving a claim or any further particulars supporting a previous claim, the Engineer shall present such claim or particulars to the Employer, together with his recommendations, for a ruling, which ruling shall be given to the Contractor within 42 days after receiving a claim or any further particulars, provided that the said period of 42 days may be extended by application from one Party and approval of the other. If the Employer fails to give his ruling within the specified period, or agreed extension thereto, it shall be deemed that the Employer has dismissed the claim.”

Delete the 8th paragraph.

20.2 to 20.8

Replace these sub-clauses with the following:

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20.2 Settlement of Disputes

(a) The Contractor shall have the right to dispute any ruling given or deemed to have been given by the Employer or the Engineer, provided that, unless the Contractor shall, within 42 days after his receipt of a ruling or after a ruling shall have been deemed to have been given, give written notice (hereinafter referred to as a “Dispute Notice”) to the Engineer, referring to this Clause, disputing the validity or correctness of the whole or a specified part of the ruling, he shall have no further right to dispute that ruling or the part thereof not disputed in the said Dispute Notice.

(b) All further references herein to a ruling shall relate to the ruling, or part thereof, specified in the Dispute Notice, as varied or added to by agreement between the Contractor and the Engineer or by the Engineer’s decision in terms of sub-paragraph (c) or by the Mediator’s opinion to the extent that it has become binding in terms of Subclause 20.3 (f).

(c) The Engineer shall

i) before giving his decision on the dispute, consult the Employer thereon and give the Contractor a reasonable opportunity to present written or oral submissions thereon, which latter shall be confirmed in writing within 7 days

ii) deliver his decision in writing to the Employer and to the Contractor, and

iii) give his decision within 56 days of his receipt of the Dispute Notice, or within any further period as may be agreed between the Engineer and the Contractor, failing which, he shall be deemed to have given a decision affirming, without amendment, the ruling concerned.

(d) Unless either the Employer or the Contractor, shall, within 28 days after his receipt of notice of the decision in terms of sub-paragraph ( c ) (ii) or after the decision is deemed to have been given in terms of sub-paragraph ( c ) (iii), have given notice in writing to the Engineer, with a copy to the other Party, disputing the Engineer’s decision or a specific part thereof, he shall have no further right to dispute any part of the ruling not specified in his said notice.

(e) If either Party shall have given written notice in compliance with sub-paragraph (d), the dispute shall be referred to mediation in terms of Sub-Clause 20.3 unless either Party has given written notice to the other Party of its intention to refer the matter in dispute to court, which notice shall be given either:

i) within 28 days of receipt of notice of the Engineer’s decision, or

ii) within 14 days of receipt by the one Party of the other Party’s notice of dispute of the Engineer’s decision.

If notice of intention to refer the matter in dispute to Court has been served by either party, the matter in dispute shall not be referred to mediation but shall be referred to Court.

C1-30


(f) Notwithstanding that the Contractor may, in respect of a ruling, have given a Dispute Notice, the ruling shall be of full force and carried into effect unless and until otherwise agreed by both Parties in terms of Sub Clause 20.3 (f) or as determined in a court judgment.

20.3 Mediation

(a) The mediation referred to in Sub-Clause 20.2(e) shall be conducted by a mediator selected by agreement between the Parties or, failing such agreement within 7 days after a written request by either Party for such agreement, nominated on the application of either Party by the President for the time being of the South African Institution of Civil Engineering.

If, for any reason, the person appointed fails to assume or to continue in the office concerned:

(i) the provisions of Sub-Clause 20.3 shall apply mutatis mutandis in the appointment of a successor, and

(ii) in making his nomination in terms of this sub-clause, the president for the time being of the South African Institution of Civil Engineering shall, at his own discretion, act in consultation with the presidents for the time being of Consulting Engineers South Africa and the South African Federation of Civil Engineering Contractors, and

(iii) if the president required to make a nomination in terms of this sub-clause shall have a direct or indirect interest in the subject matter of the dispute, the nomination shall be made by the chief executive officer or the next senior officer of the body concerned who has no such interest.

(b) Neither Party shall be entitled to be represented at any hearing before, or at, any meeting, or in any discussion, with the mediator except by any of the following:

i) the Party himself, if a natural person,

ii) a partner in the case of a partnership,

iii) an executive director in the case of a company,

iv) a member in the case of a close corporation,

v) the Engineer,

vi) a bona fide employee of the party concerned, and

vii) a professional engineer appointed for the purpose by the Party concerned.

(c) The mediator shall, as he deems fit, follow formal or informal procedure and receive evidence or submissions orally or in writing, sworn or unsworn, at joint meetings with the

C1-31


Parties or separately or from any person whom he considers can assist in the formulation of his opinion, provided that:

i) each Party shall be given reasonable opportunities of presenting evidence or submissions and of responding to evidence or submissions of the other Party, and

ii) each Party shall be given full details of any evidence or submissions received by the Mediator from the other Party or any other person otherwise than at a meeting where both Parties are present or represented.

(d) The mediator shall have the power to propose to the Parties compromise settlements of or agreements in disposal of the whole or portion of the dispute.

(e) The mediator shall, as soon as reasonably practical, give to each of the Parties his written opinion on the dispute, setting out the facts and the provisions of the Contract on which the opinion is based and recording the details of any agreement reached between the Parties during the mediation.

(f) The mediator’s opinion shall become binding on the Parties only to the extent correctly recorded as being agreed by the Parties in the mediator’s written opinion or otherwise as recorded as being agreed in writing by both Parties subsequent to the receipt of the mediator’s opinion.

(g) The dispute on any matter still unresolved after the application of the provisions of sub-paragraph (f) shall be resolved by court proceedings.

(h) Save for reference to any portion of the mediator’s opinion which has become binding in terms of sub-paragraph (f), no reference shall be made by or on behalf of either Party, in any proceedings subsequent to mediation, to the mediator’s opinion, or to the fact that any particular evidence was given, or to any submission, statement or admission made in the course of the mediation.

(i) Irrespective of the nature of the mediator’s opinion:

(i) each Party shall bear his own costs arising from the mediation, and

(ii) the Parties shall in equal shares pay the mediator the amount of his expenses and the amount of his fee based on a scale of fees as agreed between the mediator and the Parties before the commencement of the mediation.

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20.4 Reference to Court

If a dispute is still unresolved as provided for in sub-paragraph (g) of Sub-Clause 20.3 or the dispute is one described in Sub-Clause 20.5, the dispute shall be determined by court proceedings, provided that:

(a) 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 refund any amount of retention money on its due date for refund,

(b) no ruling or decision given by the Engineer in accordance with the provisions of the Contract shall disqualify him from being called as a witness and giving evidence before the court on any matter whatsoever relevant to the dispute concerned, and

(c) the court shall have full power to open up, review and revise any ruling, decision, order, instruction, certificate or valuation of the Engineer relevant to the matter in dispute.

20.5 Special Disputes

Notwithstanding anything elsewhere provided in Sub-Clauses 20.2, 20.3 and 20.4, any dispute between the Contractor and the Employer,

(a) not relating to a ruling, decision, order, instruction or certificate by the Engineer, or

(b) arising after the completion of the Contract or, if a Defects Notification Period is provided, after the termination of that period,

shall be determined, without the application of the provisions of Sub-Clauses 20.2 and 20.3 by court proceedings which may be initiated by either Party, in which event the provisions of Sub-clause 20.4 shall apply.

20.6 Continuing Validity of Sub-Clauses 20.2 to 20.6

Sub-Clauses 20.2 to 20.6 inclusive constitute 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 cancelled for any reason.”

APPENDIX: General Conditions of Dispute Adjudication Agreement

Delete this appendix

ANNEX: Procedural Rules

Delete this annexure

C1-33


C1.2.2 CONTRACT DATA - INFORMATION PROVIDED BY THE EMPLOYER

Note: Clause numbers (Cl.No.) refer to the FIDIC “General Conditions of Contract for

Construction for Building and Engineering Works designed by the Employer”(1999). The prefix A

refers to an amendment in the Particular Conditions.

Item Clause No Data

Employer 1.1.2.2 means the South African National Roads Agency Limited

instituted in terms of the South African National Roads

Agency Limited and National Roads Act (Act No. 7 of 1998)

or a person delegated by the South African National Roads

Agency Limited to act on its behalf.

The Employer’s address is:

The South African National Roads Agency SOC Limited

48 Tambotie Avenue

Val de Grace

Pretoria, 0184

Engineer 1.1.2.4 means SFC Engineers (Pty) Ltd

The engineer’s address to be used for this contract is:

Physical address:

108 Akkerboom Street

Zwartkop Ext 4

Centurion

0157

Postal address:

P O Box 8958

Centurion

0046

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Item Clause No Data

Communications 1.3 The addresses for communication between the parties

shall be:

Employer Physical address:

THE REGIONAL MANAGER


Sanral House

Block C

Southern Life Gardens,

70 Second Avenue

Newton Park

Port Elizabeth

Postal address:

The Regional Manager


P.O.BOX 27230

Greenacres

6057

Period of validity of tender 12 weeks after the closing date for tenders

Time for completion of works 1.1.3.3 Forty two days maximum including the contractor’s

holidays in December and January.

Defects for notification period 1.1.3.7 Not Applicable

Laws 1.1.6.5 The law governing this contract is South African law

Time for access to the site 2.1 Nil (access on Commencement Date)

C1-35

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) Item Clause No Data

Amount of performance security 4.2 Not required

Special non working hours/days

A6.5 All designated public holidays (including all foreseeable statutory declared election days): (a) Christmas shut-down between 16 December and 16 January (b) Day before Easter Weekend (c) Day of school term closure (d) Accommodation of traffic restrictions

Period in which works must commence 8.1 Not later than 14 days after the

Commencement Date

Delay damages and Other Non-compliance Charges

A8.7 Delay Damages – R9 000/day

Evaluation A12.3 The term “fixed rate item” shall apply to all items of work listed in the Pricing Schedule (Including agreed items of work listed in variation orders).

Daywork allowances A 13.6 Remuneration of workmen plus 80%.

Materials at cost plus 15%

Special materials A13.8 None

Price Variations A13.8 Not applicable to this contract

Retention money:

- Percentage 14.3 (c) Not Required

- Limit 14.3 (c) Not Required

C1-36


Item Clause No Data

Guarantee A14.3 (c) This will be considered provided that the tenderer

submits his proposal as an alternative tender

indicating what discount he proposes to give.

Minimum amount of interim payment 14.6 Not applicable to this contract certificate

Contractor to insure with SASRIA A17.3C Required

BEE target values (CPG):

Labour content 2% of the Tender Sum

SMME/BE utilisation Not required.


C1-37

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) C1.2.3 CONTRACT DATA – INFORMATION PROVIDED BY THE TENDERER Note to tenderer: This form is the equivalent of the Appendix to Tender as defined in Sub-Clause 1.1.1.9 of the FIDIC Conditions of Contract 1. FIDIC Conditions of Contract 1.a Clause 1.3: Communications The Contractor is ....................................................................................................................................... Physical Address: ...................................................................................................................................... .................................................................................................................................................................... Telephone: ................................................................................................................................................. Facsimile: ................................................................................................................................................... 1.b Clause 4.3: Contractor’s representative The authorised and designated representative of the Contractor is: Name: ........................................................................................................................................................ 2. CONTRACTOR’S PARTICIPATION GOALS From Returnable Schedules C2 and C3: 2.a Contractor’s commitment to direct participation in respect of targeted labour ............................ % 2.b Contractor’s commitment to direct participation in respect of targeted enterprises – not applicable 3. OTHER CONTRACT INFORMATION 3.a .......................................................................................................................................................... 3.b ..........................................................................................................................................................

C1-38


C1.3 OTHER STANDARD FORMS

C1.3.1 FORM OF OCCUPATION HEALTH AND SAFETY ACT 1993

(ACT NO. 85 OF 1993)

This AGREEMENT made at ............................................................................. on this the

...................... day of ..................................... in the year ....................... between THE SOUTH

AFRICAN NATIONAL ROADS AGENCY SOC LIMITED (hereinafter called "the Employer")

on the one part, herein represented by ....................................................................... in

his capacity as ................................. and delegate of the Employer in terms of the Employer’s

standard powers of delegation pursuant to the provisions of Act No 7 of 1998 and

.................................................................................................. (hereinafter called "the Mandatary")

of ............................................................................................................................................

the other part, herein represented by ................................... in his capacity as ......................

WHEREAS the Employer is desirous that certain works be constructed, viz CONTRACT NRA

R061-060-2012/1D FOR GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE

REHABILITATION OF NATIONAL ROUTE R61 SECTION 6 BETWEEN TSOJANA (KM 7.4) AND

QUMANCO (KM 42.2) and has accepted a tender by the Mandatary for the construction,

completion & maintenance of such works and whereas the Employer and the Mandatary have

agreed to certain arrangements and procedures to be followed in order to ensure compliance by

the Mandatary with the provisions of the Occupational Health and Safety Act 1993 (Act 85 of

1993);

NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. The Mandatary shall execute the work in accordance with the contract documents

pertaining to this contract.

2. This Agreement shall hold good from its commencement date, to either :

a) the date of the Performance Certificate issued in terms of sub-clause 11.9 of the

FIDIC Conditions of Contract for Construction for building and engineering works

C1-39


designed by the Employer (1999) (hereinafter referred to as "the GCC"), as

contained in Volume 1 of the contract documents pertaining to this contract, or

b) the date of termination of the contract in terms of clauses 15, 16 or 19 of the GCC.

3. The Mandatary declares himself to be conversant with the following:-

a) All the requirements, regulations and standards of the Occupational Health and

Safety Act (Act 85 of 1993), hereinafter referred to as "The Act", together with its

amendments and with special reference to the following Sections of The Act.

i) Section 8: General duties of employers to their employees.

ii) Section 9: General duties of employers and self-employed persons to

persons other than employees.

iii) Section 37: Acts or omissions by employees or mandataries and

iv) Sub-section 37(2) relating to the purpose and meaning of this Agreement.

b) The procedures and safety rules of the Employer as pertaining to the Mandatary

and to all his subcontractors.

4. In addition to the requirements of sub-clause 4.8, 6.7 and 17.1 of the GCC and all relevant

requirements of Volume 3 of the contract documents pertaining to this contract, the

Mandatary agrees to execute all the works forming part of this contract and to operate and

utilize all machinery, plant and equipment in accordance with The Act.

5. The Mandatary is responsible for the compliance with the Act by all his subcontractors,

whether or not nominated and/or approved by the Employer.

6. The Mandatary warrants that all his and his subcontractors’ workmen are covered in terms

of the Compensation for Occupational Injuries and Diseases Act 1993 which cover shall

remain in force whilst any such workmen are present on site. A letter of good standing from

the Compensation Commissioner to this effect must be produced to the Employer upon

signature of the agreement.

7. The Mandatary undertakes to ensure that he and/or his subcontractors and/or their

respective employees will at all times comply with the following conditions:

C1-40


a) The Mandatary shall assume the responsibility in terms of Section 16.1 of The Act.

The Mandatary shall not delegate any duty in terms of Section 16.2 of The Act

without the prior written approval of the Employer. If the Mandatary obtains such

approval and delegates any duty in terms of section 16.2 a copy of such written

delegation shall immediately be forwarded to the Employer.

b) All incidents referred to in The Act shall be reported by the Mandatary to the

Department of Labour as well as to the Employer. The Employer will further be

provided with copies of all written documentation relating to any incident.

c) The Employer hereby obtains an interest in the issue of any formal enquiry

conducted in terms of section 32 of The Act into any incident involving the

Mandatary and/or his employees and/or its subcontractors.

In witness thereof the parties hereto have set their signatures hereon in the presence of the

subscribing witnesses:

SIGNED FOR AND ON BEHALF OF EMPLOYER: ..................................................................... WITNESS: ................................................................................................................................ NAME (IN CAPITALS) .............................................................................................................. SIGNED FOR AND ON BEHALF OF THE MANDATARY ............................................................ WITNESS: ................................................................................................................................ NAME (IN CAPITALS) .........................................................................................................

C1-41

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) C1.3.2 FORM OF REGISTRATION OF CONTRACT WITH DEPARTMENT OF LABOUR

Annexure A

Occupational Health and Safety Act, 1993

Construction Regulations, 2003

Regulation 3 of the Construction Regulations, 2003

NOTIFICATION OF CONSTRUCTION WORK

_________________________________________________________________________ 1. a) Name and postal address of principal contractor: ............................................................................................................................... ............................................................................................................................... b) Name and telephone number of principal contractor’s contact person: ............................................................................................................................... 2. Principal contractor’s compensation registration number: ..................................................................................................................................... 3. a) Name and postal address of client:

The South African National Roads Agency SOC Limited, P.O.Box 27230 Greenacres 6057

b) Name and telephone number of client’s contact person or agent: Client: Mr Brian Londt Tel: 012 643 0560 Agent: SFC Engineers (Pty) Ltd 4. a) Name and postal address of designer(s) of the Project: Mr Brian Londt Tel: 012 643 0560 b) Name and telephone number of the designer’s contact person: Mr Brian Londt Tel: 012 643 0560

C1-42

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) 5. Name and telephone number of principal contractor’s construction supervisor on site

appointed in terms of Regulation 6(1): ..................................................................................................................................... 6. Name(s) of principal contractor’s subordinate supervisors on site appointed in terms of

Regulation 6(2): ..................................................................................................................................... 7. Exact physical address of the construction site or site office: ..................................................................................................................................... 8. Nature of construction work: ..................................................................................................................................... ..................................................................................................................................... 9. Expected commencement date: ................................................................................... 10. Expected completion date: ........................................................................................... 11. Estimated maximum number of persons on the construction site: ............................... 12. Planned number of contractors on the construction site accountable to the principal contractor: ..................................................................................................................................... 13. Name(s) of contractors already chosen: ..................................................................................................................................... ..................................................................................................................................... ..................................................................................................................................... ..................................................................................................................................... PRINCIPAL CONTRACTOR DATE CLIENT DATE • THIS DOCUMENT IS TO BE FORWARDED TO THE OFFICE OF THE DEPARTMENT OF

LABOUR PRIOR TO COMMENCEMENT OF WORK ON SITE. • ALL PRINCIPAL CONTRACTORS THAT QUALIFY TO NOTIFY MUST DO SO EVEN IF

ANOTHER PRINCIPAL CONTRACTOR ON THE SAME SITE HAD DONE SO PRIOR TO THE COMMENCEMENT OF WORK

C1-43

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) C1.3.3 FORM OF RETENTION MONEY GUARANTEE

To:

The South African National Roads Agency SOC Limited

P.O.Box 27230

Greenacres

6057

Note to tenderer:

This pro forma is for information only. The successful tenderer’s guarantor will need to

reproduce it without amendment, omission or addition for completion and lodgement with

the Employer. A separate copy of this pro forma will be issued to the successful tenderer

with the letter of award.

CONTRACT No. NRA N002-200-2011/1D-SS

FOR

GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL

ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER

(KM 39.4)

The guarantee is issued on behalf of ........................................ ...............................................

Registration No ….. (hereinafter referred to as “the Contractor”) in connection with the above

mentioned contract (hereinafter referred to as “the Contract”).

Whereas you have agreed that the Contractor may provide a guarantee in lieu of the retention

monies provided for under the Contract.

Now therefore we, the undersigned, being duly authorised to represent the ......................

(full name of guarantor) registration number ........................................... undertake to pay you

such amounts as you may from time to time demand from us, immediately upon receipt of a written

demand from you.

C1-44


1. Each demand shall be in writing and delivered to us at ......................................... or such

other address as we shall in writing notify to you.

2. Our liability to make the payments herein referred to shall be unconditional and not be

affected or diminished by any disputes, claims or counterclaims between you and the

Contractor.

3. Our aggregate liability under this guarantee is limited to ........................................... (R )

and is restricted to payment of monies only.

4. This guarantee shall expire on the date on which the last of the retention monies, which but

for this guarantee would have been retained by you, becomes payable to the Contractor.

5. This guarantee is neither negotiable nor transferable and must be returned to us against

final payment of our aggregate liability or on the date of the expiry of the guarantee in terms

of Clause 4 (above), whichever is the earlier.

Signed at ............................................. for and on behalf of ........................................................

on this the................................ day of ......................................... in the year .............................

GUARANTOR: .........................................................................................................................

AS WITNESS:

1 ............................................................. 2. .........................................................

NAME: ................................................... NAME: ................................................

ADDRESS .............................................. ADDRESS...........................................

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

C1-45

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) C1.3.4 FORM OF BANKING DETAILS

To (Insert name and address of successful tenderer)

Dear Sir

CONTRACT No. NRA N002-200-2011/1D-SS

FOR

GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL

ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER

(KM 39.4)

BANKING DETAILS

The South African National Roads Agency Limited implemented an Electronic Funds Transfer

system for all payments. For this to be effective we require one of the following:

an original cancelled cheque bearing company name and account number, or

if you are unable to supply us the cancelled cheque, please complete and confirm your banking

details by signing below and returning the original letter to our office, by hand or deliver by

post.

Please note that you have to accept responsibility for the following:

the banking details submitted by you, being correct and that of (insert name of successful

tenderer). The South African National Roads Agency Limited will take no responsibility if an

electronic transfer is made into an incorrect bank account, using the banking details provided

by you.

C1-46


Confirm your banking details for our records:

Account Name …………………………………………………………………………………………

Bank:…………………………………………………………………………………………………….

Branch Name:…………………………………………………………………………………………..

Branch Code:…………………………………………………………………………………………...

Account Number:………………………………………………………………………………………

We thank you for your cooperation.

Yours sincerely

………………………………………….. (Insert name of Regional Finance Manager) REGIONAL FINANCE MANAGER We hereby concur with the above: …………………………………………. ……………………… Authorised Signatory for DATE (Insert name of successful tenderer)

C2-1


PART C2: PRICING DATA

C2-2

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) PART C2: PRICING DATA CONTENTS PAGE

C2.1 PRICING INSTRUCTIONS .................................................................................... C2-3

C2.2 PRICING SCHEDULE ........................................................................................... C2-6

C2-3


C2.1 PRICING INSTRUCTIONS

C2.1.1 Measurement and payment shall be in accordance with the relevant provisions of the SANRAL Standard Specifications for Subsurface Investigations (2010) and/or as amended in the Scope of Works.

C2.1.2 The units of measurement described in the Pricing Schedule are metric units.

Abbreviations used in the Pricing Schedule are as follows: % = percent Cal.day = calendar day D = day, which shall mean Working Day h = hour ha = hectare kg = kilogram kl = kilolitre km = kilometre km-pass = kilometre-pass kPa = kilopascal kW = kilowatt l = litre m = metre mm = millimetre m2 = square metre m2-pass = square metre-pass m3 = cubic metre m3-km = cubic metre-kilometre MN = meganewton MN.m = meganewton-metre MPa = megapascal No. = number No.day = number day Prov sum = Provisional sum PC Sum = Prime Cost sum R/only = Rate only sum = lump sum t = ton (1000kg) C2.1.3 For the purpose of the Pricing Schedule, the following words shall have the

meanings assigned to them: Unit: The unit of measurement for each item of work as defined in the

SANRAL Standard Specifications for Subsurface Investigations (2010) and the COLTO Standard Specification for Road and Bridge Works for State Road Authorities (1998 edition).

Quantity: The number of units of work for each item. Rate: The payment per unit of work for which the Service Provider

tenders to do the work.

C2-4

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) Amount: The product of the quantity and the rate tendered for an item. Lump Sum: An amount tendered for an item, the extent of which is

described in the Pricing Schedule, the Scope of Work or elsewhere, but of which the quantity of work is not measured in units.

Prime cost: Is a specific type of Provisional Sum where payment is made on

the production of invoices showing the cost price of the implementation or installation of the service required. Services rendered in this manner carry a mark-up for which a rate is offered at tender stage to cover all the tenderer’s handling, supervision and liability costs and profit in providing the item or services.

Provisional Sum: Means a sum (if any) which is specified in the contract as a

provisional sum, for the execution of any part of the works or the supply of plant, materials or services under sub-clause 13.5 (Provisional sums).

C2.1.4 Unless otherwise stated, items are measured net in accordance with the drawings, and no allowance is made for waste.

C2.1.5 It will be assumed that prices included in the bills of quantities are based on Acts,

Ordinances, Regulations, By-laws, International Standards and National Standards that were published 28 days before the closing date for tenders. (Refer to www.stanza.org,za or www.iso.org for information standards)

C2.1.6 The prices and rates in the Pricing Schedule are fully inclusive prices for the work

described under the items. Such prices and rates cover all costs and expenses that may be required in and for the execution of the work described in accordance with the provisions of the Scope of Work, and shall cover the cost of all general risks, liabilities and obligations set forth or implied in the Contract Data, as well as overhead charges and profit. These prices will be used as a basis for assessment of payment for additional work that may have to be carried out.

C2.1.7 Where the Scope of Work requires detailed drawings and designs or other

information to be provided, all costs associated therewith are deemed to have been provided for and included in the unit rates and sum amount tendered such items.

C2.1.8 An item against which no price is entered will be considered to be covered by the

other prices or rates in the Pricing Schedule. A single lump sum will apply should a number of items be grouped together for pricing purposes.

C2.1.9 The quantities set out in the Pricing Schedule are approximate and do not

necessarily represent the actual amount of work to be done. The quantities of work accepted and certified for payment will be used for determining payments due and not the quantities given in the Pricing Schedule.

http://www.stanza.org,za/

http://www.iso.org/

C2-5

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) C2.1.10 Reasonable compensation will be received where no payitem appears in the Pricing

Schedule in respect of work required in terms of the Contract and which is not covered in any other payitem.

C2.1.11 The short descriptions of the items of payment given in the Pricing Schedule are

only for the purposes of identifying the items. More details regarding the extent of the work entailed under each item appear in the Scope of Work.

C2.1.12 The item numbers appearing in the Pricing Schedule refer to the corresponding item

numbers in the SANRAL Standard Specifications for Subsurface Investigations (2010) and COLTO Standard Specification for Road and Bridge Works for State Road Authorities (1998 edition)

C2.1.13 The pricing schedules are provided electronically on the Compact Disc. A printout of

the entire completed pricing schedule must be signed and attached to the tender as well as an electronic copy of the priced pricing schedule. In the event of any discrepancy between the signed printed copy, and the electronically submitted copy, the tender rates in the signed copy will govern. The item numbers and description of the PDF document will govern.

C2-6


C2.2 PRICING SCHEDULE

Item no. Description Unit Quantity Rate Amount

1 Establishment of the Contractor

B1.1 Contractor's establishment

1.1.1 Fixed charges sum 1

1.1.2 Time related charges day 33

1.1.3 Health and safety obligations cal.day 39

1.1.4 Environmental management sum 1

1.2 Provision of labour (per person) h 24

1.3 Cost of Engineer’s phone PC Sum 1 2000.00 2000.00

1.4 Mark-up for handling and profit on item 1.3 % 2000.00

B1.5 Accommodation of traffic B1.5.1 Half-width accommodation of traffic, with or

without stop-go control, including all road traffic signs, signals and flag-persons as per the requirements of the Chapter 13, Volume 2, SARTSM to allow for works on the existing roadway

lump sum 1

TOTAL CARRIED FORWARD TO SUMMARY

2 Housing for Engineer’s site staff

2.1 Accommodation Prov sum 1 10000 10000

2.2 Mark up for handling and profit % 10000


3 Establishment and provision of rigs and equipment

3.1 Core drilling rigs no.day 84

3.2 Percussion drilling rigs no.day N/A

3.3 Large diameter auger rig sum N/A

3.4 Drilling barges sum N/A

3.5 Establishment of other plant and equipment

3.5.1 Bulldozer sum N/A

3.5.2 Tractor-loader-backhoe (4x4 CAT 428 or

similar) sum 1

3.5.3 Excavator (minimum 20T) sum 1

3.5.4 Front end loader (specify details) sum N/A

3.5.5 Water truck (specify details) sum N/A

3.5.6 Core orientation equipment sum N/A

3.5.7 Water pressure equipment (Section 26) sum N/A

3.5.8 Grouting equipment (Section 27) sum N/A

3.5.9 DPSH equipment (Section 24) sum N/A

3.6 Any other equipment or plant as specified and

listed in the BoQ sum N/A


C2-7



4 Setting out and survey

4.1 Setting out and survey Prov. sum 1 25000.00 25000.00

4.2 Mark up for handling and profit % 25000.00


5 Setting up

5.1 Mobile setups

5.1.1 Core drill no. 5

5.1.2 Percussion drill no. N/A

5.2 Skid setups:

5.2.1 Normal skid setups no. 10

5.2.2 Difficult skid setups no. 7

5.2.3 Very difficult skid setups no. 5

5.3 Setting up over inclined holes (extra over 5.1 or 5.2) no.

N/A

5.4 Setting up in specialized circumstances (extra over 5.1 or 5.2) specify type no.

N/A

5.5 Movement between boreholes extra over 5.1 or 5.2 (specify rig type) km 80


6 Access

6.1

Making of access tracks using different types of equipment as given in the BOQ

6.1.1 Bulldozer d N/A

6.1.2

Tractor-loader-backhoe (TLB) (specify details d

N/A

6.1.3 Excavator (specify details) d N/A

6.1.4 Front end loader (specify details) d N/A

6.1.5 Water truck (specify details) d N/A

6.1.6 Other equipment as required d N/A

6.2 Reinstatement of access tracks sum N/A


7 Cutting down of trees and crops

7.1 Cutting down of trees and removal thereof

7.1.1 Between 150 and 300mm diameter no. N/A

7.1.2 Greater than 300mm no. N/A

7.2 Destruction of crops ha N/A

7.2.1 Compensation to landowner Prov Sum N/A

7.2.2 Mark-up for handling and profit % N/A


8 Percussion drilling

8.1 Percussion drill (specify type and diameter of m N/A

C2-8


Item no. Description Unit Quantity Rate Amount drilling)

8.1.1 Percussion drilling (in 50m increments) m N/A

8.1.2 Inclined drilling (extra over item 8.1.1) m N/A

8.2 Backfilling hole m N/A

8.4 Percussion casing N/A

8.4.1 Casing in-and-out m N/A

8.4.2 Casing left the hole m N/A

8.4.3 Permanent casing (25mm ID uPVC) N/A

8.4.3.1 Supply of casing m N/A

8.4.3.2 Installation of casing (including sand annulus) m N/A

8.5 Addition of foam l N/A


9 Augering

9.1 Small diameter augering (<200mm) m N/A

9.2 Large diameter augering (>200mm) m N/A

9.2.1 Daily rate hire d N/A

9.2.2 Backfilling of hole (only when delayed by

engineer) m N/A

9.3 Additional safety equipment as detailed in

project specifications m N/A


10 Rotary core drilling

10.1 In category A materials m 90

10.2 In category B materials m 160

10.3 In category C materials m 140

10.4 In Category D materials (extra over Item 10.3)

by different rock types m 20

10.5 In very closely fractured material (extra over

item 10.3) m 5

10.6 Triple tube drilling (extra over item 10.1 or

10.2) N/A

10.7 Drilling in gravel m 20

10.8 Drilling in cobbles and boulders m 28

10.9 Drilling steel in concrete mm N/A

10.10 Extra over for drilling inclined holes in all

categories

10.10.1 Inclination >60º and <85º m N/A

10.10.2 Inclination <60º and >30º m N/A

10.10.3 Inclination <30º and > 0º m N/A


11 Washboring

11.1 Washboring m 20


C2-9



12 Core and soil material recovery

12.1 Soil material recovery in all material types m 68

12.2 Core recovery in category A materials m 90

12.3 Core recovery in category B materials m 160

12.4 Core recovery in category C materials m 140

12.5 Core recovery in category D materials m 20

12.6 In very closely fractured material m 5

12.7 Triple tube drilling m N/A


13 Casing

13.1 Casing, which may be removed (by size) m 100

13.2 In material of Category B or harder (extra over 13.1) m 30

13.3 In boulders and gravel (extra over 13.1) m 20

13.4 Casing left in the hole (extra over 13.1) N size m 5


14 The use of drilling aids

14.1 Use in lieu of casing m N/A

14.2 Purchase price of drilling aids Prov sum N/A

14.3 Mark-up for handling and profit % N/A


15 Stabilisation grouting

15.1 Supply of grout bag N/A

15.2 Installation of grout m N/A


16 Disturbed sampling

16.1 Samples (5 kg) no. 28

16.2 Samples (80 kg) no. 42


17 Undisturbed sampling

17.1 Thin walled tube samples no. 5

17.2 Piston samples no. N/A

17.3 Block samples no. N/A


18 Borehole orientation surveys

18.1 Provision of equipment and surveying prov sum N/A



19 Core orientation surveys

19.1 Core orientation surveys no. N/A

C2-10




20 Orientated integral core

20.1 Orientated core m N/A


21 Down the hole photography

21.1 Provision for down the hole photography service provider prov sum N/A



22 Vane shear testing

22.1 Establishment of equipment sum N/A

22.2 Setting up at each borehole no. N/A

22.3 Tests no. N/A


23 Standard Penetration Test

23.1 SPT tests no. 162


24 Dynamic Probing (Super Heavy)

24.1 Setup at each position no. N/A

24.2 Dynamic probing super heavy m N/A


25 Cone Penetration Test

25.1 CPT Probing prov sum N/A

25.2 Mark up for handling and profit % N/A


26 Water pressure tests

26.1 Set up at borehole no. N/A

26.2 Installation of set of packers no. N/A

26.3 Carry out pressure test h N/A


27 Grouting acceptance testing

27.1 Grout acceptance tests no. N/A

27.2 Grout material (50kg) (grout type) bag N/A


22 Piezometers

28.1 Supply (standpipe) no. 7

28.2 Installation m 130

28.3 Permeability testing h N/A


C2-11



29 Inclinometers

29.1 Supply of casing m N/A

29.2 Installation of casing m N/A

29.3 Permanent protective cover no. N/A

29.4 Taking of readings (per set) no. N/A


30 Water sampling and borehole water rest level

30.1 Recording water rest levels no. 27

30.2 Water samples no. N/A

30.3 uPVC tubing m N/A


31 Core boxes

31.1 Core boxes no. 100


32 Core sheds

32.1 Core shed no. N/A

32.2 Core rack module no. N/A

32.3 Name board no. N/A


33 Core photography

33.1 Core photographs no. 100


34 Transportation

34.1 Vehicle of less than 1.5ton km 600

34.2 Vehicle of greater than 1.5ton km 600


35 Marking of holes

35.1 Standpipe and cap no. 7

35.2 Concrete block only no. 20

35.3 Plastic water meter box cover no. N/A


36 Machine and hand trenching

36.1 Hand excavation

36.1.1 Up to 1.5m depth h 8

36.1.2 In excess of 1.5m depth h 8

36.2 Machine excavation

36.2.1 Tractor Loader Backhoe (4x4 Cat 428 or similar) d 5

36.2.2 Excavator (minimum 20T) d 6

36.3 Safety fencing m 200

C2-12



36.4 Backfilling of holes (only as ordered by the engineer) no. N/A


37 Standing time

37.1 Standing time (core drilling rig) h Rate Only

37.2 Standing time (TLB 4x4 Cat 428 or similar) h Rate Only

37.3 Standing time (Excavator minimum 20T) h Rate Only


38 Logging and profiling

38.1 Services of specialist Prov Sum 1 90000.00 90000.00

38.2 Mark-up for handling and profit % 90000.00


B42 Laboratory testing and reporting

B42.1 Laboratory testing and reporting (standard tests):

B42.1.1 i) Rock Uniaxial Compressive Strength No. 27

B42.1.2 ii) Sieve analysis No. 70

B42.1.3 iii) Atterberg limits No. 70

B42.1.4 iv) M.D.D. + OMC (Mod AASHTO) Natural No. 42

B42.1.5 v) M.D.D. + OMC (Mod AASHTO) Stab. No. 6

B42.1.6 vi) CBR No. 48

B42.1.7 vii) Durability mill index No. 8

B42.1.8 viii) Aggregate Crushing Value (Dry or wet) No. 8

B42.1.9 ix) 10 Percent Fines Aggregate Crushing Value (Wet or Dry)

No. 8

B42.1.10 x) Number of fractured faces No. 8

B42.1.11 xi) Polishing stone value No. 8

B42.1.12 xii) Flakiness Index No. 8

B42.1.13 xiii) Electrical Conductivity on Saturated Soil Paste and Water

No. 8

B42.1.14 xv) pH value No. 8

B42.1.15 xvi) Acid Soluble Sulphates No. 8

B42.1.16 xvii) Water Soluble Sulphates No. 8

B42.2 Laboratory testing where no schedule is available

Prov. Sum

30000.00 30000.00

B42.3 Handling cost i.r.o. pay item B42.2 % 30000.00

TOTAL CARRIED FORWARD TO SUMMARY D10 Incentives/penalties

D10.1

a) Bonus Prov. Sum 1 20000.00 20000.00

b) Penalties

i) Contract Participation goal Rate only TOTAL CARRIED FORWARD TO SUMMARY

C2-13


SUMMARY OF BILL OF QUANTITIES

1 ESTABLISHMENT OF THE CONTRACTOR R

2 HOUSING FOR ENGINEER’S SITE STAFF R

3 ESTABLISHMENT AND PROVISION OF RIGS AND EQUIPMENT R

4 SETTING OUT AND SURVEY R

5 SETTING UP R

6 ACCESS R

7 CUTTING DOWN OF TREES AND CROPS R

8 PERCUSSION DRILLING R

9 AUGERING R

10 ROTARY CORE DRILLING R

11 WASHBORING R

12 CORE AND SOIL MATERIAL RECOVERY R

13 CASING R

14 THE USE OF DRILLING AIDS R

15 STABILISATION GROUTING R

16 DISTURBED SAMPLING R

17 UNDISTURBED SAMPLING R

18 BOREHOLE ORIENTATION SURVEYS R

19 CORE ORIENTATION SURVEYS R

20 ORIENTATED INTEGRAL CORE R

21 DOWN THE HOLE PHOTOGRAPHY R

22 VANE SHEAR TESTS R

23 STANDARD PENETRATION TEST R

24 DYNAMIC PROBING (SUPER HEAVY) R

25 CONE PENETRATION TESTING R

26 WATER PRESSURE TESTING R

27 GROUTING ACCEPTANCE TESTING R

28 PIEZOMETERS R

29 INCLINOMETERS R

30 WATER SAMPLING AND BOREHOLE WATER REST LEVEL R

31 CORE BOXES R

32 CORE SHEDS R

33 CORE PHOTOGRAPHY R

34 TRANSPORTATION R

35 MARKING OF HOLES R

36 MACHINE AND HAND TRENCHING R

37 STANDING TIME R

C2-14


38 LOGGING AND PROFILING R

B42 LABORATORY TESTING R

D10.1 INCENTIVES/PENALTIES R 20 000.00

TOTAL OF BILL OF QUANTITIES CARRIED FORWARD TO CALCULATION OF TENDER SUM R

C2-15

SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NO. NRA N002-200-2011/1D-SS GEOTECHNICAL INVESTIGATIONS (DRILLING) FOR THE REHABILITATION OF NATIONAL ROUTE N2 SECTION 20 FROM MOUNT FRERE (KM 0.0) TO THE NGCWELENI RIVER (KM 39.4) CALCULATION OF TENDER SUM

TOTAL OF BILL OF QUANTITIES ........................................ R ....................................... . VALUE ADDED TAX: Add 14 % ............................................................................... R ............................... ……..

TOTAL CARRIED TO FORM OF OFFER............................... R ........................................

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

C3-1


PART C3: SCOPE OF WORK

C3-2


C3. SCOPE OF WORKS

CONTENTS PAGE

SECTION A: STANDARD AMENDMENTS ISSUED BY SANRAL ................................ C3.3

SECTION B: PROJECT SPECIFICATION AMENDMENTS TO THE STANDARD

SPECIFICATIONS ................................................................................... C3-4

SECTION D: REQUIREMENTS OF GOVERNMENT’S PROGRAMME FOR

BROAD-BASED BLACK ECONOMIC EMPOWERMENT ........................ C3-13

C3-3


SECTION A: STANDARD AMENDMENTS ISSUED BY SANRAL Notes to tenderer: 1. The Standard Specifications for Subsurface Investigations 2010, as amended, shall

apply to this contract. The amendments are those issued by SANRAL and reproduced in Section A, together with additional amendments as set out in Section B.

2. The General Conditions of Contract applicable to this contract are the “Conditions of

Contract for Construction for Building and Engineering Works Designed by the Employer” (1999), issued by the International Federation of Consulting Engineers (FIDIC) and the necessary amendments to the Standard Specifications have been made and included in the Project Specifications contained in this document.

3. The terms “Schedule of Quantities”, (used throughout the Standard Specifications)

and “Bill of Quantities”, (used in all other documents forming part of this contract), and “Pricing Schedule” are synonymous.

As at October 2015 no amendments have been issued.

C3-4


PROJECT SPECIFICATIONS

SECTION B PROJECT SPECIFICATION AMENDMENTS TO THE STANDARD

SPECIFICATIONS

C3-5


1. PROJECT SPECIFICATION AMENDMENTS TO THE STANDARD SPECIFICATIONS AND

ADDITIONAL SPECIFICATIONS

In certain clauses, the Standard Specifications allow a choice to be specified in the Project

Specifications between alternative requirements and for additional requirements to be specified to

suit a particular contract. Details of such alternatives or additional requirements applicable to this

Contract are contained in this part of the Project Specifications. It also contains some 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 B 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 a new 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 B or D (depending on the relevant section) followed by a

new number. The new numbers follow on the last clause or item number used in the relevant

section of the Standard Specifications.

C3-6


1.1 SECTION 1: ESTABLISHMENT OF THE CONTRACTOR

B1.7 EXTENSION OF TIME

Add the following sub-clause:

“B1.7.3 Changes in quantities and rates of progress

The Contractor shall be entitled to claim for an extension of time for completion in terms of Clause

8.4 of the Conditions of Contract which may be caused by:

Inclement weather

Changes in quantities or rates of drilling”

The Engineer based his time for completion on certain assumptions, including the number of rigs,

total quantity and rate for drilling of the various categories of materials and number of special tests

required. Changes to these quantities and rates of drilling may affect the time for completion.

Table 1.7.3 below indicates the rates anticipated by the Engineer for the various items:

Table 1.7.3

A Number of rigs specified 3

Anticipated Rate of drilling (m/day) /

testing (days)

Scheduled quantity

1 Rotary core drilling: Category A 6m/day 90

2 Rotary core drilling: Category B 6m/day 160

3 Rotary core drilling: Category C 6m/day 140

4 Rotary core drilling: Category D 6m/day 20

5 Rock type: Mudstone/ Sandstone

6 Rock type: Dolerite

7 Rotary core drilling: In very closely fractured material

6m/day

8 Rotary core drilling: Drilling in gravel 6m/day 20

9 Rotary core drilling: Drilling in boulders 6m/day 28

10 Washboring: N size 6m/day 20

TESTING

11 Undisturbed sampling Incl. 5

12 Standard penetration test Incl. 192

The anticipated rates for drilling and times for testing on which the original programme was based

are to be compared against the agreed actual rates and rigs (if more are supplied by the

contractor) achieved and judged according to the format set out in Table 1.7.4 below. The

Contractor shall submit a claim (in terms of Clause 20 of the General Conditions of Contract) with

respect to the actual drilling/testing rates mitigating the actual drilling/testing rates achieved which

the Engineer shall evaluate and recommend for approval to the SANRAL project manager. No

extension of time shall be given for the Contractors choice to utilize poor / inefficient plant or

practices or due to breakages.

C3-7


Table 1.7.4

Billed Quantity

(a)

Actual Quantity

(b)

Anticipated rate/time

(c)

Actual mitigated rate/time

(d)

Number of rigs

specified (e)

Actual number of

rigs (f)

Extension of time calculated (g)

1 Extension of time for percussion drilling

G1={(b/d/f)-(a/c/e)}

2 Augering G2={(b/d/f)-(a/c/e)}

3 Rotary core drilling: Category A

G3={(b/d/f)-(a/c/e)}

14 Undisturbed sampling

G14={(b/d/f)-(a/c/e)}

19 Standard penetration test

G19={(b/d/f)-(a/c/e)}

Subtotal A

Inclement weather agreed

B

Total recommended for approval (sum of A and B)

The extension of time approved shall be the sum of the extensions for each of the sections

indicated above plus the sum of the approved extensions for inclement weather, subject to the

contractor’s claim with respect to the drilling rates as detailed above.

B1.8 ACCOMMODATION OF TRAFFIC

Add the following paragraphs:

“The Contractor shall ensure that the accommodation of traffic is executed strictly in accordance

with the requirements for half-width construction as defined in the Chapter 13, Volume 2 of the

SARTSM. 2-way traffic control shall be maintained where drilling is conducted on the shoulders of

the roadway. The Contractor shall endeavor to maintain 2-way traffic at all times. However, in the

case of drilling in the median of the roadway, it may be necessary to accommodate traffic through

stop-go control.

The Contractor shall submit his plan for the accommodation of traffic to the Engineer together with

his programme for approval prior to the commencement of the works.”

B1.9 MEASUREMENT AND PAYMENT

Add the following sub-items:

(vii) Accommodation of Traffic

The contractor shall implement the accommodation of traffic in accordance with the requirements

of the Chapter 13, Volume 2 of the latest edition of the SARTSM. The contractor shall submit his

accommodation of traffic plan to the engineer for approval.

C3-8


Where traffic accommodation is to be undertaken by the Employer’s routine road maintenance

contractor, the Service Provider shall timeously liaise with the Employer and his appointed route

manager in order to program the service. The cost of this work will be for the account of the

appointed Service Provider and will not be borne by the Routine Road Maintenance contractor

The lump sum tendered for the accommodation of traffic shall include all costs incurred in the

procurement, installation, relocation and removal of all traffic control devices, including all

equipment, materials, plant and labour.

50 % of the lump sum shall be payable upon the first installation for accommodation of traffic, with

the remainder payable upon removal of all accommodation of traffic at the completion of the

project.”

Pay item 1 : Establishment of contractor on site

Delete the last paragraph in the Note to the pay item “should the tenderer tender a total in excess

of the stipulated 15% ……….”.

Add the following pay sub-items:

Item Unit

B1.5

Accommodation of Traffic:

B1.5.1 Half-width accommodation of traffic, with or without stop-go control, including all road traffic signs, signals and flag-persons as per the requirements of the Chapter 13, Volume 2, SARTSM to allow for works on the existing roadway

Lump Sum

C3-9


2.2 SECTION 12 : CORE AND SOIL MATERIAL RECOVERY

B12.2 : MEASUREMENT AND PAYMENT

In the third paragraph delete all the occurrences of the word “shall” and replace it with the word

“should”.

Delete the last sentence of the third paragraph and replace it with the following sentence: “If the

rates for core recovery and soil material recovery are lower than 50% of the respective drilling and

augering rates, the rates would be deemed imbalanced and the contractor may be required to

rebalance the rates prior to award of the contract in terms of the conditions to tender.”

C3-10


B38 SECTION 38: LOGGING AND PROFILING

B38.1

Trenches or test pit logging and profiling during the duration of the geotechnical investigation will

be paid under this payment item. The Engineer will source the services of an Engineering

Geologist and coordinate the logging between the contractor and Engineering Geologist.

Reimbursement of the cost will be made only after provision of acceptable proof to the Engineer of

payment by the contractor to the supplier.

C3-11


Add the following Section B42.

“SECTION B42: LABORATORY TESTING

B42.2

All laboratory testing shall be carried out in SANAS accredited facilities. All material testing shall be carried

out strictly in accordance with the relevant TMH 1, SANS etc. test methods.

Item Unit

B42.1 Laboratory testing and reporting (standard tests)::

B42.1.1 Rock Uniaxial Compressive Strength Number (No)

B42.1.2 Sieve analysis Number (No)

B42.1.3 Atterberg limits Number (No)

B42.1.4 MDD/OMC (Mod AASHTO) Natural Number (No)

B42.1.5 MDD/OMC (Mod AASHTO) Stab. Number (No)

B42.1.6 CBR Number (No)

B42.1.7 Durability mill index Number (No)

B42.1.8 Aggregate Crushing Value (Dry or wet) Number (No)

B42.1.9 10 Percent Fines Aggregate Crushing Value (Wet or Dry) Number (No)

B42.1.10 Number of fractured faces Number (No)

B42.1.11 Polishing stone value Number (No)

B42.1.12 Flakiness Index Number (No)

B42.1.13 Electrical Conductivity on Saturated Soil Paste and Water Number (No)

B42.1.14 pH value Number (No)

B42.1.15 Acid Soluble Sulphates Number (No)

B42.1.16 Water Soluble Sulphates Number (No)

B42.2

Laboratory testing where no schedule is available

Provisional (Prov) Sum

B42.3

Handling cost i.r.o. pay item B42.2

Percentage (%)

The unit of measurement under pay item B42.1 shall be the number of tests prescribed by the

Engineer and carried out by the accredited laboratory as approved by the Employer. The rates

tendered shall cover all costs associated in completing the individual tests and shall include for all

calculations and reporting. Any tests proven to be erroneous shall not be paid for. The rate

tendered shall be fixed irrespective of the final number of tests requested and completed.

C3-12


The unit of measurement under pay item B42.2 shall be a Provisional Sum. The Service Provider

shall identify the type and estimated quantity of tests required and shall compile quotation

document in accordance with the Employer’s standard requirements / policy for the purpose of

procuring the relevant service.

The percentage tendered under pay item B42.3 shall be the percentage of the amount actually

spent under payment item B42.2, and shall include full compensation for all costs of the Service

Provider as specified.

C3-13


SECTION D: REQUIREMENTS OF GOVERNMENT’S PROGRAMME FOR BROAD-BASED

BLACK ECONOMIC EMPOWERMENT

Note to Tenderer:

The tender of a tenderer whose proposed target values are below the minimum set by the

employer (refer clause D1003) may be disqualified in terms of Condition of Tender F.3.8.

C3-14


CONTENTS PAGE

D1001 SCOPE ......................................................................................................... C3-15

D1002 DEFINITIONS ............................................................................................... C3-15

D1003 CONTRACT PARTICIPATION ..................................................................... C3-16

D1004 EVALUATION FORMULAE .......................................................................... C3-17

D1005 COMMUNITY PARTICIPATION ................................................................... C3-17

D1006 MONITORING OF PROGRESS ................................................................... C3-18

D1007 MEASUREMENT AND PAYMENT ............................................................... C3-19

C3-15


D1001 SCOPE

(a) Government Policy

This section covers aspects that relate to the contractor’s implementation of Broad-Based Black

Economic Empowerment (BBBEE) , community participation, use and development of Black

Enterprises (BE’s) and Small Medium and Micro Enterprises (SMME’s), and engagement and

training of labour recruited from local communities. These Specifications should be read in

conjunction with the various statutes and white papers that relate to small businesses.

(b) Applicable Legislation

All tenders will be considered with specific reference to applicable legislation in force from time to

time and which are specifically applicable to organs of state for example the following:-

(i) Public Finance Management Act No. 1 of 1999;

(ii) Preferential Procurement Policy Framework Act No. 5 of 2000;

(iii) The Constitution of South Africa

(iv) Broad-Based Black Economic Empowerment Act No. 53 of 2003

(v) National Small Business Amendment Act No. 26 of 2003

(c ) The Employer’s Procurement Policy

The following Procurement Policy shall be implemented by the Employer:-

(i) Points will be allocated in accordance with the Preferential Procurement Policy

Framework Act as set out in D1004 (b) below.

(ii) In addition to the points scored by any tenderer in terms of the Preferential Procurement

Policy Framework Act SANRAL will consider additional criteria as set out in D1004(c)

hereunder.

D1002 DEFINITIONS

(a) Black Enterprise ( BE)

A black enterprise (BE) is defined as a company or economic activity that is at least 50.1% owned

by black persons and where there is substantial management control by Black People. Ownership

C3-16


refers to economic interest, whilst management refers to the membership of any board or similar

governing body of the enterprise.

(b) Black People (BP)

Black people (BP) are defined as Africans, Coloureds and Indians who hold South African

Citizenship through their birthright.

(c) Small Medium and Micro Enterprise (SMME)

Small Medium and Micro Enterprise or “SMME” is defined as a separate and distinct business

entity, including cooperative enterprises and non-governmental organisations, managed by one

owner or more, including its branches or subsidiaries, if any, and which can be classified as a

small, medium or macro enterprise by satisfying the criteria mentioned in Table A below in terms of

the National Small Business Amendment Act 26 of 2003.

Table A

Size

Total Gross asset value (fixed property

excluded) (less than)

Total annual turnover

(less than)

Total full time equivalent of paid

employees (less than)

Medium R 5 m R 26 m 200

Small R 1 m R 6 m 50

Very Small R 0.5 m R 3 m 20

Micro R 0.1 m R 0.2 m 5

D1003 CONTRACT PARTICIPATION

a) Contract Participation Targets

Contract participation is a process by which the employer implements Government’s policies on

Black Economic Empowerment and small contractor development. The employer sets targets for

construction by specified entities the rand value for which is based on the goods, services and

work undertaken by the specified entities and measured as a percentage of the contractor’s tender

sum (excluding VAT). The contractor is obliged to commit to the targets set by the employer. For

this contract the targets are as follows:

In this contract the minimum target values shall be as follows:

(i) Labour maximisation : 2% of the tender sum (excl VAT)

(ii) SMME/BE utilisation : Not applicable

(iii) BP Supervisory staff : Not applicable

C3-17


b) Contract Participation Goals (CPG’s)

The contractor is encouraged to participate in the employer’s commitment to achieving

Government’s empowerment objectives by itself committing to perform beyond the set targets. To

this end the contractor has to state the goals which it commits to perform on the relevant returnable

schedules (see Returnable Schedules Forms C1, C2). Tenderers who commit to goals less than

the targets set may cause their tenders to be declared unresponsive in terms of condition to tender

F.3.8.

(c) Measurement of performance

The contractor’s participation performance will be measured monthly in order to monitor the extent to which he is striving to reach the contract participation goal (CPG) specified in his tender. Regular returns are required from the contractor and shall be submitted with each payment certificate. The contractor’s monthly participation performance towards the CPG will be calculated as the sum of labour and SMME/BE achieved. Failure to reach the CPG shall render the contractor liable for a penalty as prescribed in clause 4.1 of the FIDIC Conditions of Contract (and sub-clause D1009(c) herein). Conversely, achievement greater than the specified CPG may entitle the contractor to a bonus, also described in sub-clause D1009(c). No contract participation goals will be used in the evaluation of tenderers’ preference points. Both goals (i.e. that for labour maximisation and SMME/BE utilisation) are used in the calculation of the penalty/bonus applicable to the actual goals performed.

D1004 EVALUATION FORMULAE

Evaluation is based on a points system using the formulae given under each of the judgement

criteria as explained in F.3.11 of the Tender Data.

D1005 COMMUNITY PARTICIPATION

(a) Purpose In order to give effect to the need for participation and transparency in the process of delivering services, the community should participate in the decision making process throughout the life of the project. This may be achieved through structured engagement between those responsible for the delivery of the project and the communities adjacent to the project. (b) Structure and composition A public liaison committee (PLC) is to be established as a communication structure that interacts with all parties involved with the project. The composition of the PLC comprises representation by the Employer, the contractor, the engineer and formal structures within the communities. The

C3-18


contractor is advised to make use of established community communication channels and appoint from among his site personnel a responsible person, (community relations officer, or CRO), to participate in the PLC business. Should the locality and size of the project warrant the need for a project liaison officer, (or PLO), such appointment will be made by the engineer as part of the engineer’s staff. (c) Use of the PLC The contractor is encouraged to utilise the community participative process in order to facilitate harmonious relationships on the project. Some of the suggested elements of construction activity that should be discussed by the PLC are, (i) SMMEs/BEs with whom the contractor is already contractually committed prior to the

commencement of the contract, (ii) Procurement of labour, (iii) Assistance with general community/project liaison.

D1006 MONITORING OF PROGRESS

(a) Monthly returns

The contractor's participation performance will be measured monthly in order to monitor the extent

to which he is striving to reach the Contract Participation Goal (CPG) proposed in his tender (refer

to subclause D1004 (d)).

Reporting forms shall accompany the contractor's monthly claim presented to the engineer for

payment of certified completed work. Failure to adhere to this requirement shall result in the delay

of any payment due until the engineer confirms that the forms have been received.

(b) Incentives/Penalties

As an incentive to encourage the contractor to achieve, or exceed, his tendered CPG, penalties

shall be imposed by the employer for failure to achieve the tendered CPG and a bonus is offered

for exceeding the tendered CPG.

It is therefore, necessary to monitor progress on the achievement towards the tendered CPG. The

basis of monitoring shall be the level of contribution towards labour employment. Pro-rata penalties

shall be applied under pay item D10.03(b), calculated according to any month by month shortfall of

the target. Any bonus due shall only be calculated at the completion of the contract according to

the tendered value of the CPG (refer to D1004(c)) and not the individual targets.

If a bonus or penalty is to applied, it shall be at the rates shown item D10.01. In the case of

penalties, they shall be deducted from monies due to the contractor.

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D1007 MEASUREMENT AND PAYMENT

Item Unit

D10.01 Incentives/Penalties

(a) Bonus ........................................................................................ Provisional Sum (Prov Sum)

(b) Penalties

(i) Contract Participation Goal............................................................................. Rate only

The unit of measurement shall be the specified percent of the value of the excess or shortfall

measured against the tendered CPG.

The bonus shall be paid at the rate of 5% of the amount by which the achieved values exceed the

CPG up to a maximum of R20 000.00.

The penalty for failure to achieve the Contract Participation Goal shall be applied at a rate of 50%

of the value by which the accumulative value of the measurable elements fails to meet the

tendered CPG and shall be applied on a pro-rata basis according to a monthly evaluation of

achievements against the targets tendered by the contractor. (Refer to clause D1006(b)).

Note:

No separate payment shall be made for any costs incurred by the contractor, whether direct or

indirect, for his efforts in accomplishing the requirements of BEE objectives as specified. Such

costs shall be deemed to have been included in the rate offered under payment item 1.1,

Contractor’s establishment.

C4-1


PART C4: SITE INFORMATION

C4-2


TABLE OF CONTENTS CONTENTS PAGE

C4.1 GENERAL DESCRIPTION OF THE PROJECT AND SITE .................................... C4-3

C4.2 GEOLOGY ............................................................................................................ C4-8

C4.3 NATURE AND EXTENT OF THE INVESTIGATIONS ............................................ C4-8

C4.4 PROGRAMME ....................................................................................................... C4-8

C4.5 SERVICES ............................................................................................................ C4-9

C4.6 ACCESS ................................................................................................................ C4-9

C4.7 SETTING OUT ...................................................................................................... C4-9

C4.8 TRANSPORTATION OF SAMPLES AND CORE BOXES ..................................... C4-9

C4.9 THE CONTRACTOR’S CAMP SITE ..................................................................... C4-9

C4.10 ACCOMMODATION OF TRAFFIC ....................................................................... C4-9

C4-11 REQUIREMENTS IN TERMS OF GOVERNMENT’S PROGRAMME FOR BROAD

BASED BLACK ECONOMIC EMPOWERMENT .................................................... C4-10

C4.12 MANAGEMENT OF THE ENVIRONMENT ............................................................ C4-10

C4.13 MANAGEMENT OF OCCUPATIONAL HEALTH AND SAFETY ............................ C4-10

ANNEXURE C4.1: LOCALITY PLAN ANNEXURE C4.2: GEOLOGICAL MAP ANNEXURE C4.3: LAYOUT PLANS OF PROPOSED SUBSURFACE INVESTIGATIONS

C4-3


C4.1 GENERAL DESCRIPTION OF THE PROJECT AND SITE

C4.1.1 Background

The National Route N2 Section 20 from Mount Frere (km 0.0) to Ngcweleni River (km 39.4) will be

rehabilitated and upgraded. The detail investigation will be for four bridges, seven new or extended

culverts, two hard rock quarries, five borrow pits and a number cuts. Locations of bridges, quarries

and borrow pits are indicated on the drawings in Annexure C4.3. The contract comprises the

following:

Detail Geotechnical Investigation

(i) Core drilling for foundations for the widening of three bridges and one new bridge.

(ii) Test pits for three new culverts and the extension of four existing culverts.

(iii) Test pits and limited core drilling on approximate twenty cuttings to be widened or

deepened.

(iv) Standpipe piezometers will be installed at selected boreholes.

(v) SPT’s will be attempted at 1.5m intervals in the designated holes.

(vi) The contractor will be expected to establish 3 drill rigs on site.

Materials Investigation

(i) Core drilling to determine the quality of material within two possible hard rock quarries.

(ii) Excavation of test pits and sampling by means of an excavator and/or TLB for five possible

borrow pits.

(iii) Laboratory testing on samples.

C4.1.2 Locality of the project

A locality plan is included in Annexure C4.1 to this Part C4: Scope of Work. The collar positions of

the required rotary cored boreholes will be indicated to the successful tenderer once the drilling

contract starts.

The locations of the bridges, quarries and borrow pits are indicated in Table C4.1.2.1 below

C4-4


Table C4.1.2.1: Bridges, Quarry and Borrow Pit Locations

Description Route Km

(approx.)

Average Depth

(m)

Co-ordinates Number of Boreholes or

Test Pits South East

Bridges

Bridge B029 N2 1.8 25 30° 52' 38.8" 29° 00' 28.4" BH (3)

New underpass bridge N2 19.8 25 30° 49' 49.3" 29° 08' 37.3" BH (4)

Bridge B031 N2 27.5 25 30° 49' 11.1" 29° 12' 40.2" BH (2)

Bridge B032 N2 38.4 25 30° 48' 33.4" 29° 19' 07.0" BH (4)

Culverts

Culvert C260 N2 0.2 3 30° 53' 17.1" 28° 59' 48.3" TP (1)

New culvert N2 3.8 3 30° 51' 45.0" 29° 01' 02.1" TP (2)

Existing culvert N2 8.3 3 30° 51' 00.8" 29° 03' 23.3" TP (1)

New culvert N2 10.6 3 30° 50' 32.3" 28° 59' 48.2" TP (2)


New culvert N2 25.4 3 30° 48' 48.2" 29° 11' 24.3" TP (2)


Quarries

Quarry B1 N2 21.5 10 30° 49' 39.5" 29° 09' 25.9" BH (5), TP (6)

Quarry B2 N2 21.0 10 30° 49' 37.4" 29° 09' 14.5" BH (5), TP (6)

Borrow pits

Borrow pit B N2 4.6 5 30° 51' 42.5" 29° 01' 19.8" TP (6)

Borrow pit C N2 7.4 5 30° 50' 55.3" 29° 02' 47.0" TP (6)

Borrow pit D N2 21.4 5 30° 49' 51.3" 29° 08' 40.9" TP (6)

Borrow Pit E N2 37.1 5 30° 48' 35.0" 29° 18' 09.1" TP (6)

Borrow Pit F N2 38.6 5 30° 48' 31.6" 29° 19' 11.2" TP (6)

C4-5


Description Route Km

(approx.)

Average Depth

(m)

Co-ordinates Number of Boreholes or

Test Pits South East

Cuts

Cut (widen & deepen) N2 2.7 3 30° 52' 12.8" 29° 00' 31.9" BH (1)

Cut (widen & deepen) N2 4.2 3 30° 51' 38.3" 29° 01' 10.4" TP (1)

Cut (widen) N2 5.4 3 30° 51' 16.9" 29° 01' 46.6" TP (1)

Cut (deepen) N2 7.0 3 30° 50' 57.7" 29° 02' 39.4" TP (1)

Cut (widen) N2 7.7 3 30° 50' 54.7" 29° 03' 00.4" TP (1)

Cut (widen) N2 8.8 3 30° 51' 05.0" 29° 03' 40.5" TP (1)

Cut (widen) N2 12.5 10 30° 50' 28.3" 29° 05' 15.9" BH (3)

Cut (deepen) N2 13.6 3 30° 50' 54.7" 29° 05' 43.0" TP (1)



Cut (widen) N2 17.2 3 30° 50' 28.1" 29° 07' 25.7" TP (1)

Cut (widen) N2 17.8 3 30° 50' 12.1" 29° 07' 39.5" TP (1)

Cut (widen) N2 18.9 3 30° 49' 45.4" 29° 08' 03.4" TP (1)

Cut (widen) N2 20.9 3 30° 49' 50.3" 29° 09' 13.3" TP (1)

Cut (deepen) N2 23.4 3 30° 49' 05.8" 29° 10' 17.3" TP (1)

Cut (widen) N2 25.3 3 30° 48' 50.9" 29° 11' 18.7" TP (1)

Cut (deepen) N2 26.8 3 30° 49' 04.3" 29° 12' 10.7" TP (1)


Cut (deepen) N2 29.0 3 30° 49' 26.7" 29° 13' 29.6" TP (1)


C4-6


C4.1.3 Extent of the project

Table C4.1.3.1: Summary of drilling sites

SITE NO OF CORE BOREHOLES

AVERAGE DEPTH (m)

TOTAL (m)

COMMENTS

Bridge B029 3 25 75

New underpass bridge 4 25 100

Bridge B031 2 25 50

Bridge B032 4 25 100

Quarry B1 5 10 50

Quarry B2 5 10 50

Cut (km 2.7) 1 3 3

Cut (km 12.5) 1 10 30

TOTAL 27 - 438

NOTE: The number of sites to be drilled will be determined by the Engineer. The boreholes will be

drilled in the sequence given in Table C4.1.3.1.

Table C4.1.3.2: Summary of specifications for each core borehole.

BOREHOLE DEPTH (m) SPT (no)

Bridge B029 3 @ 1.5m intervals in soft material

New underpass bridge 4 ‘’

Bridge B031 2 ‘’

Bridge B032 4 ‘’

Quarry B1 5 No SPT’s required

Quarry B2 5 No SPT’s required

Cut (km 2.7) 1 @ 1.5m intervals in soft material

Cut (km 12.5) 1 ‘’

C4-7


C4.1.4 Scope of work

Work to be undertaken in terms of the subsurface investigations for the project includes the

following:

The contractor’s establishment on site and disestablishment on completion of the work.

Temporary accommodation of traffic where necessary.

Borehole collar positions will be pointed out to the contractor by the geotechnical engineer/

engineering geologist.

The provision of rigs and equipment.

The setting up of rigs and equipment.

Rotary core drilling.

SPT testing at designated core boreholes

Installation of standpipe piezometers.

Excavation of test pits and trenches by 20T excavator and/or TLB.

Marking of borehole collar positions with concrete block and name plate.

Water rest level measurements after purging the borehole and waiting 24 hours.

Photographing ALL core.

The transportation of samples and core boxes to a place of permanent storage.

The preparation and submission of records, precise drilling records must be kept and a

copy of the driller’s logs must be made available on completion of each borehole.

Site diary to be provided to the Engineer on a daily basis.

Site rehabilitation to the satisfaction of the Engineer on completion of the drilling, all

sumps and channels must be cleaned and / or backfilled and cleared. Refuse to be

removed from site.

C4-8


C4.2 GEOLOGY

An extract from the 1:250 000 scale geological map 3028 Kokstad is included in Annexure C4.2 to

this Part C4: Scope of Work.

The site is largely underlain by fluvial sediments of the Mid to Late Permian Adelaide Subgroup

(Lower Beaufort Group, Karoo Supergroup). The fluvial sediments comprise mainly grey, greenish

grey and brownish red mudstone (Pa). The Beaufort Group sediments have been extensively

intruded and baked by dolerite sills in the Early Jurassic Period (183 Ma; Karoo Dolerite Suite

(Jd)). The major dolerite intrusions are likely to have thermally metamorphosed the adjacent

country rock for a considerable distance on either side of their edges.

Possible hard rock quarries and borrow pits were identified through a desk top study and field

visits. Hard rock quarries are expected to be located on the dolerite sills. Borrow pits are expected

to be located on weathered dolerite sills.

C4.3 NATURE AND EXTENT OF THE INVESTIGATIONS

Drawings indicating the locality of subsurface investigations are included in Annexure C4.3 of this

Part C4: Scope of Work.

Figure C4.4.1 below provides a programme that shows that the work can be undertaken within the

time for completion as given in the contract data.

C4.4 PROGRAMME

Milestone

Anticipated date

Tender Advertisement 19 October 2015

Tender Clarification Meeting 28 October 2015

Tender Closure 13 November 2015

Tender Evaluation 25 November 2015

Award of Contract 15 January 2015

Signing of Agreement 18 January 2015

Site Handover 20 January 2015

Physical Commencement 25 January 2015

Completion Date 31 March 2015

C4-9


C4.5 SERVICES

The Contractor shall inspect the sites of the intended subsurface investigations for the existence of both underground and overhead utility services prior to the commencement of subsurface investigations. The existence of such services shall be reported to the Engineer. In as far as could be ascertained from surveys, no municipal services will be affected in terms of the subsurface investigations.

C4.6 ACCESS

All the boreholes drilled at bridge sites are located within the road reserve. Access to the quarry and borrow pit sites will be arranged by the Engineer.

C4.7 SETTING OUT

The approximate positions for the setting out of the subsurface investigation are provided in Annexure C4.3 of this Part C4: Scope of Work. The engineer’s representative will indicate the exact borehole locations on site.

C4.8 TRANSPORTATION OF SAMPLES AND CORE BOXES

The core boxes and samples shall be temporarily stored on site until logging is completed by Smicon’s staff, after which the boxes will be transported to a place of permanent storage designated by SANRAL.

C4.9 THE CONTRACTOR’S CAMP SITE

Subject to the provisions of Clause 1.2 of the standard specifications for subsurface investigations

the drilling contractor is to make his own arrangement for a camp site.

C4.10 ACCOMMODATION OF TRAFFIC

NB: Subject to the provisions of Clause 1.8 of the standard specifications for Subsurface

Investigations traffic accommodation will be at the discretion of the contractor, however, there may

be instances where traffic shall be accommodated taking into account the provisions of the latest

edition of the South African Road Traffic Signs Manual (SARTSM). The latest version for use in the

accommodation of traffic is volume 2, chapter 13 of the June 1999 edition. Copies of this

publication are available from Government Printers Tel: (012) 334 4508/9 Fax: (012) 323 9574.

Traffic accommodation at the quarry and borrow pit sites will be unnecessary.

C4-10


C4.11 REQUIREMENTS IN TERMS OF GOVERNMENT’S PROGRAMME FOR BROAD BASED

BLACK ECONOMIC EMPOWERMENT

The South African National Roads Agency is committed to the implementation of Government’s

policies and in turn expects the same from its Contractors. Accordingly, it is a requirement of this

project that Contractors are to be familiar with the specifications that relate to the transformation of

the construction industry through the following:

adherence to the policies of the Government’s Programme for Broad Based Black

Economic Empowerment and other similar Government initiatives,

execution of the work using labour maximisation principles and,

active participation with community-based structures.

Tender adjudication takes account of tenderers’ affirmed commitments towards achieving a

specified Contract Participation Goal (CPG) which is based on the value for which the contractor

proposes to engage labour.

In this regard, Part D of the project specification covers the Contractor’s requirements in detail, as

well as defining the targets that comprise the CPG and the judgement criteria used in tender

adjudication. Forms to be completed by tenderers are to be found in the Returnable Schedules of

this tender document. As with other forms to tender, failure to complete, whole or in part, may

adversely prejudice tenderers’ tenders.

Although it is not a requirement on this contract that the contractor actively pursues participation

within local communities adjacent to the project, awareness of the need to bring work opportunities

to the nearest indigent populations remains a priority.

C4.12 MANAGEMENT OF THE ENVIRONMENT

The Contractor will be responsible for executing the work according to an environmental

management plan in terms of Section 41 the Standard Specifications.

The Contractor must take the utmost care to minimise the impact of his establishment and other

activities on the environment and must adhere to the requirements as set out in Section 41 of the

Standard Specifications. Where the Contractor fails to adhere to these requirements the

specifications provide the methodology and cost liability of remedy.

C4.13 MANAGEMENT OF OCCUPATIONAL HEALTH AND SAFETY

The Contractor shall be responsible for carrying out his activities in a manner which is both safe,

and not a health risk for his staff and labour. Section 40 of the Standard Specifications sets out the

requirements in terms of the Occupational Health and Safety Act.

C4-11


ANNEXURE C4.1:

LOCALITY PLAN

C4-12


ANNEXURE C4.2:

GEOLOGICAL MAP

C4-13


ANNEXURE C4.3:

LAYOUT PLANS OF PROPOSED SUBSURFACE INVESTIGATIONS