TRANSNET NATIONAL PORTS AUTHORITY RFP NUMBER TNPA 541 DESCRIPTION OF THE WORKS: PORT OF RICHARDS BAY - CONSTRUCTION OF PORT ENTRANCES AND ACCESS ROADS

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Merilyn Melton
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1 C1.2 Contract Data Part one - Data provided by the Employer Clause Statement Data 1 General The conditions of contract are the core clauses and the clauses for main Option B: Priced Contract with Bill of Quantities dispute resolution Option W1: Dispute resolution procedure and secondary Options X1: Price adjustment for inflation X2 Changes in the law X7: Delay damages X13: Performance Bond X16: Retention X18 : Limitation of liability Z: Additional conditions of contract of the NEC3 Engineering and Construction Contract June 2005 (with amendments June 2006) 1 Z1: Supplier Development (SD) 10.1 The Employer is: Transnet SOC Ltd (Registration No. 1990/00090/030) operating as Transnet National Port Authority Address Having elected its Contractual Address for the purposes of this contract as: Carlton Centre 150 Commissioner Street JOHANNESBURG 2001 Ventura Road, Pioneer Centre, Port of Richards Bay Richards Bay Tel No address Zama.Ndlela@transnet.net 10.1 The Project Manager is: (Name) Zama Ndlela (Ms) Address Ventura Road, Pioneer Centre, Port of Richards Bay Richards Bay Tel Available from Engineering Contract Strategies Tel , Fax

2 10.1 The Supervisor is: (Name) Mr Mhlengi Madiba of Sebata Group Address 10 Rosetta Road, Morningside, DURBAN, 4001 Tel No Fax No (13) The works are Construction of Port Entrances and Access Roads : Port of Richards Bay 11.2(14) The following matters will be included in the Risk Register 1. Bypass roads at East and Main Entrances are required prior to construction of new entrances 2. No work can commence at Bayvue Entrance until the Pioneer Access Road and East Entrance works are completed 3. All planning is to ensure ZERO to Minimal disruption to Port Operations 4. Pre-planning of deliveries and bringing of new personnel to site is a must to avoid delays as the port is a restricted area 11.2(15) The boundaries of the site are stated in Part C3: Scope of Works 11.2(16) The Site Information is in Part C3: Scope of Works Section (19) The Works Information is in Part C3: Scope of Works 12.2 The law of the contract is the law of The Republic of South Africa subject to the jurisdiction of the Courts of South Africa 13.1 The language of this contract is English 13.3 The period for reply is 4 (four) weeks 2 The Contractor's main responsibilities No additional data is required for this section of the conditions of contract 3 Time 11.2(3) The completion date for the whole of the works is The completion date for the whole of the works is 12 months after the starting date. 11.2(9) The key dates and the conditions to be met are: Condition to be met 1 Completion of whole of the works 2 Completion of East and Main Entrances 3 Completion of Ermin Access Roads key date 12 months from starting date 6 months from Starting Date 6 months from Starting Date

3 30.1 The access dates are Part of the Site Date 1 East and Main Entrances Ermin Road Pioneer Access Road Starting date when access will be given of the works 2 Bayvue Entrance On take-over of East Entrance and Pioneer Access Road The Contractor is to submit a first programme for acceptance within 2 (two) weeks of the Contract Date 31.2 The starting date is. the date stated as such in a notification to be sent by the Project Manager to the Contractor immediately after signature of the Contractor The Contractor submits revised programmes at intervals no longer than 4 (four) weeks 35.1 The Employer is not willing to take over the works before the Completion Date. 4 Testing and Defects 42.2 The defects date is 52 (fifty two) weeks after Completion of the whole of the works 43.2 The defect correction period is 2 (two) weeks except that the defect correction period for and related to the disruption of services, such as water, sanitation, electricity, telecommunications and other essential services for the operation of the Port. Is 24 (twenty four) hrs 5 Payment 50.1 The assessment interval is monthly on the 10 th (tenth) day of each successive month 51.1 The currency of this contract is the South African Rand 51.2 The period within which payments are made is Payment will be effected on or before the last day of the month following the month during which a valid Tax Invoice and Statement were received 51.4 The interest rate is The prime lending rate of the Standard Bank of South Africa 6 Compensation events 60.1(13) The weather measurements to be recorded for each calendar month are, the cumulative rainfall (mm)

4 the number of days with rainfall more than 10 mm the number of days with minimum air temperature less than 0 degrees Celsius the number of days with snow lying at 08:00 hours South African Time The place where weather is to be recorded (on the Site ) is: The weather data are the records of past weather measurements for each calendar month which were recorded at: Pioneer Centre Port of Richards Bay The nearest weather recording station to the Site and these measurements: N/A and which are available from: Pretoria Weather Bureau or info3@weathersa.co.za. 60.1(13) Assumed values for the ten year return weather data for each weather measurement for each calendar month are: Month Cumulative rainfall (mm) Number of days with rain more than 10mm January February March April May June 57 6 July 60 6 August 65 7 September 77 9 October November December Month Number of days with min air temp < 0 deg.c Number of days with snow lying at 08:00 CAT January 0 0 February 0 0 March 0 0 April 0 0 May 0 0 June 0 0 July 0 0 August 0 0 September 0 0 October 0 0 November 0 0 December 0 0

5 These are additional compensation events: 1 None 7 Title No additional data is required for this section of the conditions of contract 8 Risks and insurance 84.2 The minimum limit of indemnity for insurance in respect of loss of or damage to property (except the works, Plant, Materials and Equipment) and liability for bodily injury to or death of a person (not an employee of the Contractor) caused by activity in connection with this contract for any one event is The minimum limit of indemnity for insurance in respect of death of or bodily injury to employees of the Contractor arising out of and in the course of their employment in connection with this contract for any one event is 84.2 The insurance against loss of or damage to the works, Plant and Materials as stated in the insurance policy for contract works and public liability selected from: Blanket Principal Controlled Insurance (BPCI), Principal Controlled Insurance (PCI), Principal Controlled Contractors Liability Insurance, Principal Controlled Insurance One-off; and Project Specific Insurance No Limit. The contractor is obliged to insure his own equipment plant and machinery No Limit The Contractor must comply at with the provisions of the Compensation for Occupational Injuries and Diseases Act No. 130 of 1993 as amended PCI 84.1 The Contractor provides these additional insurances. 1. Where the contract requires that the design of any part of the works shall be provided by the Contractor he shall satisfy the Employer that professional indemnity insurance cover in connection therewith has been affected 2. Where the contract involves manufacture, and/or fabrication of Plant & Materials, components or other goods to be incorporated into the works at premises other than the site, the Contractor shall satisfy the Employer that such plant & materials, components or other goods for incorporation in the works are adequately insured during manufacture and/or fabrication and transportation to the site

6 3. Should the Employer have an insurable interest in such items during manufacture of fabrication, such interest shall not be noted by endorsement to the Contractor s policies of insurance as well as those of any subcontractor 4. The insurance coverage referred to in 1, 2 and 3 above shall be obtained from an insurer(s) in terms of an insurance policy approved by the Employer. The Contractor shall arrange with the insurer to submit to the Project Manager the original and the duplicate original of the policy or policies of insurance and the receipts for payment of current premiums, together with a certificate from the insurer or insurance broker concerned, confirming that the policy or policies provide the full coverage as required. The original policy will be returned to the Contractor 9 Termination There is no Contract Data required for this section of the conditions of contract 10 Data for main Option B Priced Contract with Bill of Quantities 60.6 The method of measurement is SANS Data for Option W1 W1.1 The Adjudicator is Both parties will agree as and when a dispute arises. If the parties cannot reach an agreement on the Adjudicator, the chairman of the Association of Arbitrators will appoint an Adjudicator W1.2(3) The Adjudicator nominating body is: The Association of Arbitrators (Southern Africa) W1.4(2) The tribunal is: Arbitration W1.4(5) The arbitration procedure is The Rules for the Conduct of Arbitrations of the Association of Arbitrators (Southern Africa) The place where arbitration is to be held is The person or organisation who will choose an arbitrator - if the Parties cannot agree a choice or - if the arbitration procedure does not state who selects an arbitrator, is Durban, KwaZulu-Natal Province, South Africa The Chairman of the Association of Arbitrators (Southern Africa) 12 Data for secondary Option clauses X1 Price adjustment for inflation X1.1(a) The base date for indices is April 2014

7 X1.1(c) The proportions used to calculate the Price Adjustment Factor are: proportion linked to index for Index prepared by X2 Changes in the law No additional data is required for this Option X7 Delay damages (but not if Option X5 is also used) X7.1 Delay damages for Completion of the whole of the works are R per day capped at 10% of contract value at award stage X13 Performance bond X13.1 The amount of the performance bond is 10% of the total contract value at award stage X16 Retention X16.1 The retention free amount is R0.00 The retention percentage is 10% on all payments certified X18 Limitation of liability X18.1 The Contractor s liability to the Employer for indirect or consequential loss is limited to: X18.2 For any one event, the Contractor s liability to the Employer for loss of or damage to the Employer s property is limited to: X18.3 The Contractor s liability for Defects due to his design which are not listed on the Defects Certificate is limited to: X18.4 The Contractor s total liability to the Employer for all matters arising under or in connection with this contract, other than excluded matters, is limited to: X18.5 The end of liability date is 10 years after Completion of the whole of the works. Z Additional conditions of contract Z1 Obligations in respect of the South African Government s Supplier Development (SD) Programme

8 Z1.1 It is a fundamental requirement of the tender that the Contractor contributes to the Supplier Development Programme promoted by the Department of Public Enterprises of the Government of South Africa, as applied by the Employer. In response to this requirement, the Contractor undertakes to implement the SD initiatives as described in the Contractor s SD Proposal. Z1.2 The Contractor shall develop and present for acceptance to the Employer s Project Manager in writing within 30 (thirty) days from the Contract Date, a detailed plan (the SD Plan) setting out the exact nature, extent and estimated monetary value of the SD commitments which the Contractor is prepared to undertake. This shall include mechanisms and procedures to allow for access to information and verification of the Contractor s compliance with the SD commitments it has undertaken to complete, as set out in the SD Plan. The format and details required with regards to the SD Plan will be provided to the Employer by the Contractor. Z1.3 The parties undertake to negotiate in good faith with a view to agree to the content of the SD Plan within 30 (thirty) days from the date of submission of the initial SD Plan referred to in clause Z7.2 above (or such later date as the Employer may consent to). If the parties fail to reach agreement in respect of the SD Plan within 30 (thirty) days (or such later date that the Employer may consent to) of the date of submission of the SD Plan, it shall constitute a reason for termination as per clause 91.2 (R11) of the NEC3 Engineering and Construction Contract. The Employer reserves the right to re-negotiate in terms of clause 10.1 of the NEC3 Engineering and Construction Contract to the benefit of the Employer Z1.4 The Contractor must deliver and action its SD commitments as outlined in the SD Plan, which progress will be reported by the Contractor to the Employer and the Department of Public Enterprises (DPE) on a monthly basis during the term of the contract. Z1.5FC The employer has the right to withhold payment in respect of the main offer, should the contractor default on the implementation of SD initiatives. In such an instance the value of the payment withheld, shall be no less than the value of the SD contribution in terms of which non-performance has occurred.

9 C1.2 Contract Data Part two - Data provided by the Contractor The tendering contractor is advised to read both the NEC3 Engineering and Construction Contract - June 2005 (with amendments June 2006) and the relevant parts of its Guidance Notes (ECC3-GN) 2 in order to understand the implications of this Data which the tenderer is required to complete. An example of the completed data is provided on pages 152 to 154 of the ECC3 Guidance Notes. Completion of the data in full, according to options chosen, is essential to create a complete contract. Clause Statement Data 10.1 The Contractor is (Name): Address Tel No. Fax No. 11.2(8) The direct fee percentage is % The subcontracted fee percentage is % 11.2(18) The working areas are the Site and 24.1 The Contractor's key persons are: 1 Name:... Job:... Responsibilities:... Qualifications:... Experience:... 2 Name:... Job... Responsibilities:... Qualifications:... Experience: (3) The completion date for the whole of the works is CV's (and further key persons data as per item 5.7 of the works information including CVs) are appended to Tender Schedule entitled. 2 Available from Engineering Contract Strategies Tel , Fax

10 11.2(14) The following matters will be included in the Risk Register 11.2(19) The Works Information for the Contractor s design is in: 31.1 The programme identified in the Contract Data is B Priced Contract with Bill of Quantities 11.2(21) The bill of quantities is in 11.2(31) The tendered total of the Prices is (in figures) Data for the Shorter Schedule of Cost Components The percentage for people overheads is: % The published list of Equipment is the last edition of the list published by (in words), excluding VAT The percentage for adjustment for Equipment in the published list is % (state plus or minus) The rates of other Equipment are: Equipment Size or capacity Rate The hourly rates for Defined Cost of design outside the Working Areas are Category of employee Hourly rate The percentage for design overheads is % The categories of design employees whose travelling expenses to and from the Working Areas are included in Defined Cost are:

CONTRACT DATA. Part one Data provided by the Employer CONTRACT DATA PART 1

CONTRACT DATA. Part one Data provided by the Employer CONTRACT DATA PART 1 CONTRACT DATA Part one Data provided by the Employer Statements given in all contracts Completion of the data in full, according to the Options chosen, is essential to create a complete contract. 1 General