THE SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED

Transcription

1 THE SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) MAY 2012 SUB-CONTRACT TENDER DOCUMENT CHIEF EXECUTIVE OFFICER SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED 48 TAMBOTIE AVENUE VAL DE GRACE PRETORIA 0184 NAME OF TENDERER:... Set number

2 Reg: No. 1998/009584/06 CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) THIS DOCUMENT WAS COMPILED BY: Goba (PTY) LTD 1 st Floor, Avanti South Cnr Carl Cronje & Bill Bezuidenhout Ave Bellville Cape Town 7530 Tel: (021) Fax: (021) Under the direction of the Regional Manager, The South African National Roads Agency SOC Limited Parc Dd Cap Building 5 Cnr Mispel St and Willie van Schoor Ave Bellville 7535 Tel: Fax: DuPreezE@nra.co.za

3 LIST OF CONTRACT DOCUMENTS The following documents form part of this contract: 1. The Project Document, containing the Tender Notice, Conditions of Tender, Tender Data, Returnable Schedules, General and Particular Conditions of Contract, Project Specifications, Pricing Schedule, Form of Offer and Site Information is issued by the Employer. The Employer s Form of Acceptance and any correspondence from the selected tenderer, performance security-demand guarantee 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. The Project Document is issued at tender stage in electronic format on a CD and contains the following files: - The full Project Document in PDF format 2. SUBMISSION OF TENDER Of the contract documents, only the following elements of the document need to be submitted in a neatly bound file and in the following order: - Form of Offer (paper copy) - All returnable schedules (paper copy) - Pricing Schedule (paper copy) Information provided by a tenderer over and above the above elements shall be treated as information only and will only be bound into the document if the tenderer notes on Form A4: Schedule of Variations or deviations that the information has a bearing on the tender price. 3. 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.

4 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 WORKS C3-1 PART C4 SITE INFORMATION C4-1 ANNEXURE A: ACCREDITED LIST OF TESTS FROM THE LIST INCLUDED IN SANRAL S M2 MANUAL AS APPENDIX R ANNEXURE B: LOCALITY PLAN ANNEXURE C: LABORATORY EQUIPMENT REQUIRED ANNEXURE D: APPENDIX H : TESTING TIMES SCHEDULES

5 PART T1: TENDERING PROCEDURES T1-0

6 PART T1: TENDERING PROCEDURES TABLE OF CONTENTS PAGE T1.1 TENDER NOTICE AND INVITATION TO TENDER T1-2 T1.2 CONDITIONS OF TENDER T1-3 T1.3 TENDER DATA T1-17 T1-1

7 CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) T1.1 TENDER NOTICE AND INVITATION TO TENDER Tenderer s are hereby invited on behalf of the South African National Roads Agency SOC Limited (SANRAL), from suitably experienced, SANAS accredited Laboratories for undertaking the site laboratory testing for the Periodic Maintenance (Repair and Reseal) on National Route 14 Section 1 between Springbok(km 0.34) and Witputs (km 80.72). This project is in the province of the Northern Cape and in the Namaqua District Municipality, and the approximate duration is 10 months, commencing in July Preferences are offered to tenderers who comply with the criteria stated in the Tender Data. Tender documents will be issued in electronic format via to SANAS accredited laboratories. No tender clarification meeting will be held. The closing time for receipt of tenders is 14h00 on Friday, 01 June Telegraphic, telephonic, telex, , facsimile and late tenders 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. 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: The Office of the Financial manager Physical address: Parc du Cap, Building no 5, c/o Mispel Street and Willie van Schoor Avenue, Bellville, Cape Town, 7535 Identification details: Place the signed original tender offer in a package marked: CONTRACT NRA N /2C/FL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) Queries relating to issues arising from these documents may be addressed to Mr. Gert Loubser Tel: No. (012) Fax No. (012) gertl@goba.co.za T1-2

8 CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) T1.2 CONDITIONS OF TENDER Notes to Tenderer 1. The legislated Standard Conditions of Tender for Professional Services (as published and amended from time to time by the Construction Industry Development Board) are included together with the South African National Roads Agency SOC Limited (SANRAL) special conditions of Tender where the former is shown in standard format and SANRAL s amendments (i.e. special conditions) shown in italics. 2. Tender Data and Tender Schedules are included separately after the Tender conditions. T1-3

9 TABLE OF CONTENTS PAGE F.1 GENERAL T1-7 F.1.1 ACTIONS T1-7 F.1.2 TENDER DOCUMENTS T1-7 F.1.3 INTERPRETATION T1-7 F.1.4 COMMUNICATIONS AND EMPLOYER S AGENT T1-7 F.1.5 THE EMPLOYER S RIGHT TO ACCEPT OR REJECT ANY TENDER OFFER T1-8 F.1.6 JURISDICTION T1-8 F.2 TENDERER S RIGHTS AND OBLIGATIONS T1-8 F.2.1 ELIGIBILITY T1-8 F.2.2 COST OF TENDERING T1-8 F.2.3 CHECK DOCUMENTS T1-8 F.2.4 CONFIDENTIALITY AND COPYRIGHT OF DOCUMENTS T1-8 F.2.5 REFERENCE DOCUMENTS T1-8 F.2.6 ACKNOWLEDGE ADDENDA T1-9 F.2.7 SITE VISIT AND CLARIFICATION MEETINGS T1-9 F.2.8 SEEK CLARIFICATION T1-9 F.2.9 INSURANCE T1-9 F.2.10 PRICING THE TENDER OFFER T1-9 F.2.11 ALTERATIONS TO DOCUMENTS T1-9 F.2.12 ALTERNATIVE TENDER OFFERS (INCLUDING VARIATIONS AND DEVIATIONS) T1-9 F.2.13 SUBMITTING A TENDER OFFER T1-10 F.2.14 INFORMATION AND DATA TO BE COMPLETED IN ALL RESPECTS T1-10 F.2.15 CLOSING TIME T1-11 F.2.16 TENDER OFFER VALIDITY T1-11 F.2.17 CLARIFICATION, MODIFICATION OR WITHDRAWAL OF TENDER OFFER AFTER SUBMISSION T1-11 F.2.18 PROVIDE OTHER MATERIAL T1-11 F.2.19 INSPECTIONS, TESTS AND ANALYSIS T1-12 F.2.20 SUBMIT SECURITIES, BONDS, POLICIES, ETC. T1-12 F.2.21 CHECK FINAL DRAFT T1-12 F.2.22 RETURN OF OTHER TENDER DOCUMENTS T1-12 F.2.23 CERTIFICATES T1-12 F.3 THE EMPLOYER S UNDERTAKINGS T1-12 F.3.1 RESPOND TO CLARIFICATION T1-12 F.3.2 ISSUE ADDENDA T1-12 F.3.3 RETURN OF TENDER OFFERS T1-12 F.3.4 OPENING OF TENDER SUBMISSIONS T1-13 F.3.5 TWO-ENVELOPE SYSTEM T1-13 T1-4

10 F.3.6 NON-DISCLOSURE T1-13 F.3.7 GROUNDS FOR REJECTION AND DISQUALIFICATION T1-13 F.3.8 TEST FOR RESPONSIVENESS T1-13 F.3.9 ARITHMETICAL ERRORS, OMISSIONS AND DISCREPANCIES T1-14 F.3.10 CLARIFICATION OF A TENDER OFFER T1-14 F.3.11 EVALUATION OF TENDER OFFERS T1-15 F GENERAL T1-15 F SCORING FINANCIAL OFFERS T1-15 F SCORING QUALITY (FUNCTIONALITY) T1-16 F SCORING PREFERENCE T1-16 F SCORING TOTAL QUALITY, FINANCIAL AND PREFERENCE OFFERS T1-16 F.3.12 INSURANCE PROVIDED BY THE EMPLOYER T1-16 F.3.13 ACCEPTANCE OF TENDER OFFER T1-16 F.3.14 NOTICE TO UNSUCCESSFUL TENDERERS T1-16 F.3.15 PREPARE CONTRACT DOCUMENTS T1-16 F.3.16 ISSUE FINAL CONTRACT T1-17 F.3.17 COMPLETE ADJUDICATOR S CONTRACT T1-17 F.3.18 PROVIDE COPIES OF THE CONTRACTS T1-17 F.3.19 DELEGATION OF AUTHORITY T1-17 T1-5

11 T1.2 CONDITIONS OF TENDER F.1 General F.1.1 Actions 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. 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 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 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 For the purposes of these conditions for the calling for expression of interest, the following definitions apply: a) comparative offer means the tenderer s financial offer after the factors of non-firm prices, all unconditional discounts and any other tendered parameters that will affect the value of the financial offer have been taken into consideration. b) 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 public service or in the employ of an organ of state, in any tender process; and c) 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 any public entity or organ of state, including collusive practices intended to establish prices at artificial levels. d) 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. e) 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) tenderer means any employee, partner, shareholder or director of a commercial entity that responds to the Tender Notice by collecting tender documents. F.1.4 Communications 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 read, copied and recorded. Writing 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. T1-6

12 F.1.5 The Employer s right to accept or reject any tender offer F The Employer does not bind itself to accept the highest scoring tender or any other tender, and may in addition 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 reasons for such action upon written request to do so. F The Employer may not subsequent to the cancellation or abandonment of a tender process or the rejection of all tender offers 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 abandoned tender and the reissued 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 Jurisdiction Unless stated otherwise in the tender data, each tenderer and the Employer undertake to accept the jurisdiction of the courts of law of the Republic of South Africa. F.2 Tenderer s rights and obligations F.2.1 Eligibility Submit a tender offer only if the tenderer complies with 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.2.2 Cost of tendering Accept that 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/or clarification meeting(s) and any costs of testing necessary to demonstrate that aspects of the offer satisfy requirements. F.2.3 Check documents Check the tender documents on receipt for completeness and notify the Employer of any discrepancy or omission. F.2.4 Confidentiality and copyright of documents Treat as confidential, 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 version 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 Site visit and clarification meetings Attend in person or designate a suitably qualified and experienced person in the direct employ of the tenderer to attend the site visit and/or clarification meeting(s) at which tenderers shall familiarize T1-7

13 themselves with aspects of the proposed work, services or supply and raise questions. Details of the meeting(s) are stated in the tender data. Submissions from tenderers who arrive late shall be declared non-responsive. F.2.8 Seek clarification Request clarification of the tender documents, if necessary, by notifying the Employer at least five working days before the closing time stated in the tender data. Any variation or deviation based on a point for which clarity should have been requested may render a tenderer s offer unresponsive in terms of Standard Condition F.3.8. F.2.9 Insurance Be aware that the extent of insurance to be provided by the Employer (if any) may 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 Include in the rates, prices, and the tendered total of the prices (if any) all costs prescribed as being applicable to the specified pay items as well as 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 Show VAT payable by the Employer separately as an addition to the tendered total of the prices. F 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 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. F.2.12 Alternative tender offers (including variations and deviations) F Submit alternative tender offers only if a main tender offer, strictly in accordance with all the requirements of the tender documents, is also submitted. The alternative tender offer is to be submitted with the main tender offer together with a schedule that compares the requirements of the tender documents with the alternative requirements the tenderer proposes. Alternative tender offers shall not alter any contingency pay items provided in the tender documents, or offer fixed prices (except where such are provided in the postulated pricing schedule) or a fixed price contract F 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 Tenderers may qualify a tender offer (except that no qualification shall be in conflict with Special Condition to Tender F.2.8) but undertake to do so by submitting such qualification in terms of conditions F and F F.2.13 Submitting a tender offer F Submit a tender offer to provide the whole works, services or supply identified in the contract data, unless stated otherwise in the tender data. T1-8

14 F Return all returnable documents to the Employer as stated in the tender data. F 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 Sign the original and all copies of the tender offer where required in terms of the tender data. The Employer will hold all authorized signatories liable on behalf of the tenderer. Authorized signatories for tenderers proposing to contract as joint ventures shall state which of the signatories is the lead partner whom the Employer shall hold liable for the purpose of the tender offer. F Seal the original of the tender offer as a separate package marking the packages as stated in the tender data. F 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 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 Accept that the Employer shall 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 May modify, correct or withdraw his tender offer after submission of the tender offer but before the closing time stated in the tender data; provided that the authorized signatory notifies the Employer in writing. F.2.14 Information and data to be completed in all respects Accept that tender offers, which do not provide all the data or information requested completely and in the form required, may be regarded by the Employer as non-responsive. F.2.15 Closing time F Ensure that the Employer received the tender offer at the address specified in the tender data not later than the closing time stated in the tender data. Proof of posting shall not be accepted as proof of delivery. The Employer shall not accept tender offers submitted by telegraph, telephone, telex, facsimile or , unless stated otherwise in the tender data. F 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 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 If requested by the Employer, consider extending the validity period stated in the tender data for an agreed period of time. F.2.17 Clarification, modification or withdrawal of tender offer after submission F 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 imbalanced rates or arithmetical errors by the adjustment of certain rates or item prices (or T1-9

15 both). No change in the total of the prices or substance of the tender offer is sought, offered, or permitted. The total of the prices stated by the tenderer shall be binding upon the tenderer. F 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 the signing of a contract based on his tender offer:- - withdraws his tender; or - gives notice of his inability to execute the contract in terms of his tender; or - fails to sign a contract or furnish the performance security within the period fixed in the letter of award or any extended period fixed by the Employer; or - fails to comply with a request made in terms of standard condition F F Pay the difference between a less favourable tender offer and his own tender offer in the event that a tenderer acts as described in Special Condition F and/or pay the Employer s wasted and additional costs incurred in inviting fresh tenders; provided that the Employer may fully or partly exempt a tenderer from the provisions of this special condition if he is of the opinion that the circumstances justify the exemption. F.2.18 Provide other material F 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 material, considered necessary by the Employer for the purpose of a full and fair risk assessment. Should the tenderer not provide the material, or 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 for potential additional costs as provided for under special condition F F Accept the Employer s right, at his sole discretion, to appoint suitably qualified persons to report on the financial resources, standing with the South African Revenue Services regarding all taxes, management structure and ownership details of any tenderer and/or to verify the correctness of any information furnished to the Employer in terms of condition F Comply with the Employer s request within the time stated in the request. Failure on the part of the tenderer to cooperate with such an inquiry shall entitle the Employer to declare such tender offer as non-responsive. F Dispose of samples of material 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. T1-10

16 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 clarification Respond to a request for clarification received up to five working days prior to the tender closing time stated in the Tender Data and notify all tenderers who drew tender documents. 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 of the Tender Notice until seven 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 an extension and, will then notify it to all tenderers who drew documents. F.3.3 Return of tender offers Return tender offers withdrawn in terms of F or 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 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 Announce at the opening 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, the total of his prices, preferences claimed and time for completion, if any, for the main tender offer only. F Make available the record outlined in F to all interested persons upon request. F.3.5 Two-envelope system F 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 Evaluate the quality of the technical proposals offered by tenderers, then advise tenderers who remain in contention for the award of the contract of the time and place when the financial proposals will be opened. Open only the financial proposals of tenderers, who score in the quality evaluation more than the minimum number of points for quality stated in the tender data, and announce the total price and any preferences claimed. Return unopened financial proposals to tenderers whose technical proposal failed to achieve the minimum number of points for quality. T1-11

17 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 Determine whether there has been any effort by a tenderer to influence the processing of tender offers and instantly disqualify a tenderer (and his tender offer) if it is established that he engaged in corrupt or fraudulent practices. In addition, any such disqualification shall entitle the Employer, at its sole discretion, to impose a specified period during which tender offers will not be accepted from the offending tenderer. F Communicate to other state tender boards, provincial tender boards or parastatal tender boards any tenderer disqualified in terms of special condition F F Consider rejecting any tender offers received from tenderers who are involved in any form of litigation or legal proceedings by or against the Employer. F.3.8 Test for responsiveness Determine, on opening and before detailed evaluation, whether each tender offer properly received: a) meets 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. 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: detrimentally affect the scope, quality, or performance of the works, services or supply identified in the Scope of Work, change the Employer s or the tenderer s risks and responsibilities under the contract, or affect the competitive position of other tenderers presenting responsive tenders, if it were to be rectified. Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by correction or withdrawal of the non-conforming deviation or reservation, unless it can be subsequently rendered responsive by correction that does not prejudice the other tenderers. F.3.9 Arithmetical errors and imbalanced unit rates Check responsive tender offers for arithmetical errors, correcting them in the following manner: Where there is a discrepancy between the amounts in figures and in words, the amount in words shall govern. If a pricing schedule (or schedule of quantities or schedule of rates) applies 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 shall be corrected. However, where there is an obviously gross misplacement of the decimal point in the unit rate, the unit rate will be corrected. T1-12

18 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. Check responsive tender offers for imbalanced unit rates and request tenderers to consider amending and adjusting any rates declared imbalanced by the Employer while retaining the total of the prices derived after any correction made in terms of this condition to tender. Consider the rejection of a tender offer if the tenderer does not correct or accept the correction of his arithmetical errors or amend/adjust an imbalanced unit rate in the manner described above. F.3.10 Clarification of a tender offer Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from the tender offer. F.3.11 Evaluation of tender offers F General Appoint an evaluation panel of not less than three duly qualified persons. Reduce each responsive tender offer to a comparative offer and evaluate it using the tender evaluation method methods and associated criteria and weightings that are specified in the Tender Data. F 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 subclause is repeated. F Method 2: Financial Offer and preference In the case of 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 and F b) Calculate the total number of tender evaluation points (T EV ) in accordance with the following formula: T EV = N FO + N P Where: N FO is the number of tender evaluation points awarded for the financial offer made in accordance with F N P is the number of tender evaluation points awarded for preferences claimed in accordance with F c) Rank tender offers from the highest number of tender evaluation points to the lowest. d) Recommend the tenderer with the hightest 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, T1-13

19 and recommend the tenderer with the highest number of 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 subclause is repeated. F Method 3: Financial offer and quality In the event 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 and F , rejecting all tender offers that fail to score the minimum number of points for quality stated in the Tender Data. b) Calculate the total number of tender evaluation points (T EV ) in accordance with the following formula: T EV = N FO + N Q Where: NFO is the number of tender evaluation points awarded for the financial offer made in accordance with F NQ is the number of tender evaluation points awarded for quality offered in accordance with F 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. 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 subclause is repeated. F Method 4: Financial offer, quality and preferences In the event of a financial offer, quality and preferences: a) Score each tender in respect of the financial offer made and the quality offered in accordance with the provisions of F and F , rejecting all tender offers that fail to score the minimum number of points for quality stated in the Tender Data. b) Calculate the total number of tender evaluation points (T EV ) in accordance with the following formula: T EV = N FO + N P + N Q Where: NFO is the number of tender evaluation points awarded for the financial offer made in accordance with F NP is the number of tender evaluation points awarded for preferences claimed in accordance with F NQ is the number o tender evaluation points awarded for quality offered in accordance with F 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 subclause is repeated. T1-14

20 F Decimal places Score financial offers, preferences and quality, as relevant, to two decimal places. F Scoring Financial Offers Score the financial offers of remaining responsive tender offers using the following formula: N FO = W 1 x A Where: N FO is the number of tender evaluation points awarded for the financial offer. W 1 is the maximum 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 1 a Option 2 a 1 Highest price or discount A = (1 + (P P m )) P m A = P / P m 2 Lowest price or percentage commission / fee A = (1 - (P P m )) P m A = P m / P a P m is the comparative offer of the most favourable comparative offer. P is the comparative offer of the tender offer under consideration. F 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 Scoring quality Score each of the criteria and subcriteria for quality in accordance with the provisions of the Tender Data. F.3.12 Insurance provided by the Employer If requested by the proposed successful tenderer, submit for the tenderer s information the policies and/or certificates of insurance which the conditions of contract identified in the contract data, require the Employer to provide. F.3.13 Acceptance of tender offer F Accept tender offer only if the tenderer satisfies the requirements stated in the tender data, including the legal requirements. F Notify the successful tenderer of the Employer s acceptance of his tender offer by completing and returning one copy of the form of offer and acceptance before the expiry of the validity period stated in the tender data, or agreed additional period. Providing the form of offer and acceptance does not contain any qualifying statement, it will constitute the formation of a contract between the Employer and the successful tenderer as described in the form of offer and acceptance. T1-15

21 F.3.14 Notice to unsuccessful tenderers After the successful tenderer has acknowledged the Employer s notice of acceptance, notify other tenderers that their tender offers have not been accepted. F.3.15 Prepare contract documents 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, c) other revisions agreed between the Employer and the successful tenderer, and d) the schedule of deviations attached to the form of offer and acceptance, if any F.3.16 Issue final contract Prepare and issue the final draft of contract documents to the successful tenderer for acceptance as soon as possible after the date of the Employer s signing of the form of offer and acceptance (including the schedule of deviations, if any). Only those documents that the conditions of tender require the tenderer to submit, after acceptance by the Employer, shall be included. F.3.17 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.3.18 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.3.19 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. T1-16

22 CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) T1.3 TENDER DATA The Standard Conditions and the SANRAL 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 F.1.1 Tender Data The Employer of CONTRACT NRA N /2C/SL: SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) is the consulting engineering firm Goba (Pty) Ltd. The domicilium citandi et executandi (permanent physical business address) of the employer of the above Sub-Contract is: Goba (Pty) Ltd 1 st Floor, Avanti South Cnr Carl Cronje & Bill Bezuidenhout Ave Bellville Cape Town 7530 The Employer s address for communication relating to this Sub-Contract is: Mr. Gert Loubser Goba (Pty) Ltd Goba (Pty) Ltd P O Box 3275 OR 1 st Floor, Avanti South Durbanville Cnr Carl Cronje & Bill Western Cape Bezuidenhout Ave 7551 Bellville, Cape Town, 7530 Tel: No. (012) Fax No. (012) gertl@goba.co.za T1-17

23 F.1.2 The Tender documents issued will comprise the following: (specific colours only applicable to the final signed contract document) 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) T2.2 Tender schedules (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) C4 Annexures (White) F.2.7 F F F F F.2.14 Tenderers meeting: No formal clarification or Tenderer s meeting shall be held. The returnable documents shall be manually completed in their entirety in black ink. Only neatly bound documents shall be accepted. Submit only the signed documents as stated in the Tender Notice. Envelope shall state on the outside the above address, project number and title as well as the Tenderer s name, authorised representative s name, postal address and contact telephone numbers. A two-envelope tender system shall not apply. All returnable schedules shall be completed and signed, refer to clause F2.14. All data as requested shall be supplied with the returnable schedules. All returnable schedules and supporting documentation shall be ring or staple bound. F The closing time for submission of Tender offers is 14h00, Friday, 01 June The address for delivery of Tender offers and identification details to be shown on each Tender offer package are: Location of Tender box: Office of Financial Manager Physical address: SANRAL, Parc du Cap, Building 5, c/o Mispel Street & Willie van Schoor Avenue, Bellville, Telephonic, telegraphic, telex, facsimile or ed Tender offers will not be accepted. F.2.16 The Tender offer validity period is 90 days. T1-18

24 F.2.23 The Tenderer is required to submit with his Tender: (i) A current Tax Clearance Certificate issued by the South African Revenue Service and all other documents/certificates as stated in this document. No outdated documents/certificates shall be accepted F3.4 Tenders will not be opened publically. F.3.11 The procedure for the evaluation of responsive tenders is Method 4. A qualifying quality score as given in F will be utilised to assess functionality / quality. For tender to be considered responsive and to allow the further evaluation of the tender, the stated minimum quality score must be achieved. F The financial offer will be scored using Formula 2 (Option 2) where the value of W 1 is 90 T1-19

25 F Up to 100 minus W1 tender evaluation points will be awarded to tenderers who submit their Construction Sector BEE Verification Certificate (see Form A17) and who are found to be eligible for the preference claimed. Points will be awarded on the following basis: B-BEE Status Level of Contributor Qualification (%) Number of points for Contract value up to R Number of points for Contract value above R > but < but < but < but but < but < but < None Compliant Contributor < Eligibility for preference points will be determined as follows: a) Valuation of preference points is based on tenderers scorecards in accordance with the Construction Sector Codes of Practice promulgated in Gazette on 5 June b) Submission of Verification Certificates that are based on the Department of Trade and Industry (DTI) Generic Scorecard or the draft Construction Charter system published in the Construction Transformation Charter Group, will not score any preference points. c) The only Verification Certificates that will be accepted are those issued by verification agencies accredited by South African National Accreditation System (SANAS) as contemplated in the B-BEE Framework for accreditation and verification by all Verification Agencies promulgated in the Government Notice 810 of 31 July d) The Verification Certificate must be current, meaning that it must have been issued more recently than 12 (twelve) months prior to the tender closing date. e) 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. f) Failure to submit any valid Verification Certificate will result in the award of 0 (zero) points for preference. g) In the event of a Joint Venture (JV) a combined BEE Verification Certificate in the name of the JV shall be submitted. In terms of the Broad Based Black Economic Empowerment Act (No 53 of 2003) and the Codes of Good Practise based thereon, companies with a turnover of less than R5 million are exempted from BEE and qualifies for automatic Exempted Micro Enterprise (EME) status. All micro enterprises are exempt from the requirement to have a BBBEE verification certificate and will be allocated a BBBEE status of Level 4 and will receive recognition as per the BBBEE Status table contained in the Construction Charter. All construction sector enterprises claiming exemptions from any provision of the charter, must submit supporting evidence. This is also applicable to companies claiming EME status. T1-20

26 F The quality criteria in respect of this Tender are as follows: Description of quality criteria and sub-criteria PART1 Technical experience 10 (Ten) point per completed project of a similar nature in the last 5 (five) years, Similar for site laboratory on a reseal project on a Major Route. A maximum of 50 (fifty) point may be claimed under this part. Refer T2.2 Form A11 PART2 (One) point per accredited test from the list included in Section T2.2 Form A13 Maximum number of Tender evaluation points Total evaluation points for quality (MS) 118 The minimum number of evaluation points for quality is 70 out of 118. Points awarded for quality are not carried forward to subsequent evaluation stages If the tender does meet the minimum quality evaluation points, the tender will be considered non-responsive. F Tender offers will only be accepted if: a) 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; and b) the Tenderer has not; (i) abused the Employer s supply chain management system; (ii) failed to perform on any previous contract and has been given a written notice to this effect. c) The Tenderer has fully completed all returnable forms. F.3.18 The number of paper copies of the signed contract to be provided by the Employer is 1. T1-21

27 PART T2: RETURNABLE SCHEDULES T2-0

28 CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) T.2.1 LIST OF RETURNABLE SCHEDULES Notes to Tenderer: 1. Failure to fully complete the relevant returnable documents or to supply the requested information within 24 hours from when the request was made shall render such a Tender offer unresponsive. 2. Tenderers shall note that their signatures appended to each returnable form represents a declaration that they vouch for the accuracy and correctness of the information provided, including the information provided by candidates proposed for the specified key positions. 3. Notwithstanding any check or audit conducted by, 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 8.4 to terminate the contract. T2-1

29 T.2.2 RETURNABLE SCHEDULES TABLE OF CONTENTS PAGE FORM A1: CERTIFICATE OF ATTENDANCE AT SITE VISIT AND/OR CLARIFICATION MEETING T2-3 FORM A2: CERTIFICATE OF AUTHORITY FOR SIGNATORY T2-4 FORM A3: COMPULSORY ENTERPRISE QUESTIONNAIRE T2-5 FORM A4: SCHEDULE OF VARIATIONS OR DEVIATIONS BY TENDERER T2-9 FORM A5: SCHEDULE OF ADDENDA TO TENDER DOCUMENTS T2-10 FORM A6: CERTIFICATES OF TAX COMPLIANCE T2-11 FORM A7: CERTIFICATE OF INSURANCE COVER T2-12 FORM A8: TENDERER S CREDIT RATING AND BANK DETAILS T2-13 FORM A10: SCHEDULE OF CURRENT COMMITMENTS T2-15 FORM A11: SCHEDULE OF WORK CARRIED OUT BY THE TENDERER T2-16 FORM A12: TENDERER S PROJECT STRUCTURE T2-17 FORM A13: CERTIFICATE OF QUALITY SYSTEMS T2-17 FORM A15: PROJECT MANAGEMENT AND STAFFING PROPOSAL T2-21 FORM A16: COMPLIANCE WITH THE REQUIREMENTS OF THE OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 AND CONSTRUCTION REGULATIONS, 2003 (WITH REFERENCE TO THE COID ACT T2-22 FORM A17: BEE SCORECARD / VERIFICATION CERTIFICATE T2-23 T2-2

30 FORM A1: MEETING CERTIFICATE OF ATTENDANCE AT SITE VISIT AND/OR CLARIFICATION CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) No formal site or clarification meeting shall be held / a clarification meeting shall be held on at This is to certify that I,... Plato registration number representative of (Tenderer)... of (address).... Telephone number Fax number . attended the clarification meeting (date).. conducted by (Employers representative). TENDERER S REPRESENTATIVE (Signature) AUTHORISED SIGNATORY (Signature) T2-3

31 FORM A2: CERTIFICATE OF AUTHORITY FOR SIGNATORY Notes to Tenderer: 1) The signatory for the Tenderer shall confirm his/her authority thereto by attaching 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 By resolution of the board of directors/partners passed at a meeting held on.. Mr/Ms., whose signature appears below (signatory), has been duly authorised to sign all documents in connection with the Tender for CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) and any contract which may arise there from on behalf of (enter name of Tenderer in block capitals).. SIGNED ON BEHALF OF THE COMPANY: IN HIS/HER CAPACITY AS:.. DATE:. SIGNATURE OF SIGNATORY: T2-4

32 FORM A3: 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 excercises control over the enterprise. T2-5

33 FORM A3: 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: If any of the above boxes are marked, disclose the following: Name of sole proprietor, Name of institution, public office, partner, director, manager, board or organ of state and position trustee, shareholder, held stakeholder or member Status of service (tick appropriate column) Current Within last 12 months *insert separate page if necessary T2-6

34 FORM A3: COMPULSORY ENTERPRISE QUESTIONNAIRE (continued) 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 T2-7

35 FORM A3: COMPULSORY ENTERPRISE QUESTIONNAIRE (continued) 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 T2-8

36 FORM A4: SCHEDULE OF VARIATIONS OR DEVIATIONS BY TENDERER Notes to tenderer: 1. The postulated tender MUST be priced. 2. When submitting an alternative tender (including an alternative contract period), the contents of notes 5 and 6 under Notes to Tenderer under Part T2 : Returnable Schedules, shall be followed. 3. In addition, clause F.2.8 and F.2.12 of section T1.2, shall be followed when submitting an alternative/qualifying tender. PAGE DESCRIPTION SIGNED ON BEHALF OF THE TENDERER: T2-9

37 FORM A5: SCHEDULE OF ADDENDA TO TENDER DOCUMENTS We confirm that the following communications, received from the Employer or its appointed Agent before the submission of this Tender offer, amending the Tender documents, have been taken into account in this Tender offer: Date Title or Details SIGNED ON BEHALF OF THE TENDERER: T2-10

38 FORM A6: CERTIFICATES OF TAX COMPLIANCE The Tenderer shall attach to this page a current Tax Clearance certificate 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. SIGNED ON BEHALF OF THE TENDERER: T2-11

39 FORM A7: CERTIFICATE OF INSURANCE COVER CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) 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 and proof of this insurance cover: i) Name of Tenderer:. ii) Value of Insurance: Professional Indemnity (for each and every case) Insurance Company: Value:. Period of Validity:. Copies of document attached YES / NO General public liability Insurance Company: Value:. Period of Validity:. Copies of document attached YES / NO SASRIA (General Contractor s All Risk) Insurance Company: Value:. Period of Validity:. Copies of document attached YES / NO SIGNED ON BEHALF OF THE TENDERER: T2-12

40 FORM A8: TENDERER S CREDIT RATING AND 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 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: i) Name of Account Holder:... ii) Account Number:... iii) Bank name:... iv) Branch Number:... v) Bank and branch contact details vi) Annual audited turnover for the previous financial year if less that R5.0m: R (Auditors confirmation to be attached) vii) Auditors contact details: Note: vi) and vii) shall be completed if no BBBEE verification certificate is submitted. SIGNED ON BEHALF OF THE TENDERER: T2-13

41 FORM A9: DECLARATION 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, and 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: T2-14

42 FORM A10: SCHEDULE OF CURRENT COMMITMENTS Notes to Tenderer: 1. The Tenderer shall list below all projects with which proposed key personnel are currently involved. 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. PROJECT CLIENT CONTACT NO START DATE (M/Y) DURATION (MONTHS) VALUE OF SERVICE SIGNED ON BEHALF OF THE TENDERER: T2-15

43 FORM A11: SCHEDULE OF WORK CARRIED OUT BY THE TENDERER The Tenderer shall enter in the spaces provided below a complete list of the comparable* 1 projects undertaken by him in the last fine) 5 years (ie do not list projects undertaken prior to 2006). This information is deemed to be material to the award of the Contract as it will lead to the assignment of Points used in the quality score evaluation (refer to F ). 10 (Ten) points per completed project up to a maximum of 50 (fifty) points may be claimed under this part. EMPLOYER (NAME, TEL No AND FAX No) CONSULTING ENGINEER (NAME, TEL No AND FAX No) NATURE OF WORK (LABORATORIES ESTABLISHED) VALUE OF WORK YEAR COM- PLETED Note *1 For this Tender, a comparable project will be deemed to be one that includes projects where an asphalt/seal, soil, chemical site laboratory was established and operated for a period of at least 12 months. SIGNED ON BEHALF OF THE TENDERER:. T2-16

44 FORM A12: TENDERER S PROJECT STRUCTURE Notes to Tenderer: 1. The intention of this form is to demonstrate the Tenderer s project structure, as well as the lines of responsibility between members of the project team and between the project team and the overall company structure. The Tenderer must attach his own organogram to this form. 2. Tenderers which are large companies may simplify the organogram by rolling up portfolios e.g. combining directors/associates into one box of the organogram. 3. Joint Venture Tenders will require each element of the venture to submit separate organograms that show the individual structure of each member company and the lines of responsibility of the personnel involved in the project. In addition there must also be a combined organogram that indicates how the joint venture itself will function and the proposed share of the work. Joint Venture Tenderers shall note that the share of work indicated will be used in the analysis of such a Tenderers preference proposed on returnable form D1, and that if awarded the share of work shall become a contractual obligation between the members of the joint venture. 4. State the city or town where the company s head office is located. The locality of regional or satellite office, regardless of degree of autonomy or size is not required. Only submit the number of offices other than the head office. Do not count offices outside RSA 5. Registered professionals mean Survey Professionals. Registered professionals of other disciplines (e.g. mechanical) are considered as employees only. EXAMPLE Managing Director TO BE COMPLETED BY THE TENDERER Head Surveyor (Field Work) Head Surveyor (Drafting & Plans) Sub-contractor (Name & function Surveyor Assistants (Staff Carriers) CAD Operators / Assistants Head Office: State City/Town Other Offices: Only list number, localities not Registered Professionals: required State number Total Employees : State number %share in JV agreement State % Head Office: Other Offices: Registered Professionals: Total Employees : % Share in JV agreement T2-17

45 FORM A13: CERTIFICATE OF QUALITY SYSTEMS Note to Tenderer: 1. A notorised copy of the Tenderer s SANAS ISO Accreditation Certificate shall be attached to this page including the schedule of accreditation. 2. Please tick the tests for which the tenderer is accredited to undertake. This information is deemed to be material to the award of the Contract as it will lead to the assignment of Points used in the quality score evaluation (refer to F ). TEST STANDARD 1 Sampling from Sampling Pit in Natural Gravel, Soil & Sand TMH5 MA2 2 Sampling from Stockpiles TMH5 MB1 3 Sampling from Conveyor Belts TMH5 MB2 4 Sampling of Bituminous Binders TMH5 MB4 5 Sampling of Previously Blended (ready mixed) Asphalt TMH5 MB7 6 Sampling of Slurry Mixtures TMH5 MB8 7 Sampling of Freshly Mixed Concrete TMH5 MB9 TMH5 MB10 8 Sampling of Treated Pavement Layers OR SANS 3001 GR52 9 Sampling of Road Pavement Layers TMH5 MC1 Sampling of Asphalt or Concrete from 10 completed layer or structure TMH5 MC2 11 Division of a Sample Using the Riffler TMH5 MD1 12 Division of a Sample by Quartering TMH5 MD2 13 Sampling of Modified Binders TG1-MB1 14 Sample Preparation TG1-MB2 TMH1 A 1(a) Particle Size Distribution with Wet 15 OR Preparation SANS 3001 GR1 16 Percentage of Fines which Passing through a mm Sieve 17 Atterberg Limits: Liquid Limit 18 Atterberg Limits: Plastic Limit and Plasticity Index 19 Atterberg Limits: Linear shrinkage 20 Maximum Dry Density and Optimum Moisture Content (Mod AASHTO) 21 California Bearing Ratio (CBR) Untreated TMH1 A5 TMH1 A2 OR SANS 3001 GR10 TMH1 A3 OR SANS 3001 GR11 TMH1 A4 OR SANS 3001 GR12 TMH1 A7 OR SANS 3001 GR30 TMH1 A8 OR ACCREDITED TO UNDERTAKE T2-17

46 TEST STANDARD SANS 3001 GR40 22 Relative Density of Soil TMH 1 A12T TMH1 A14 AND Unconfined Compressive Strength (UCS) of TMH 1 A13T 23 Stabilised Material AND Rapid Curing of OR Stabilised Material SANS 3001 GR53 AND TMH 1 A13T 24 Stabiliser Content by Back Titration TMH1 A15 (d) 24 Stabiliser Content by Back Titration TMH1 A15 (d) 25 Indirect Tensile Strength (ITS) of Stabilized Material 26 Moisture Contents of Materials TMH1 A16T OR SANS 3001 GR54 TMH1 A17 OR SANS 3001 GR20 27 Wet - Dry Durability on Stabilized Material SANRAL method Testing procedure for measuring foamed 28 TG2-A1 bitumen characteristics Procedure for the making of specimens for the determination of the unconfined 29 compressive strength (UCS) and indirect TG2-A2 tensile strength (ITS) of foamed bitumen treated materials The determination of the unconfined 30 compressive strength (UCS) of foamed TG2-A3 bitumen treated materials The determination of the indirect tensile 31 strength (ITS) of foamed bitumen treated TG2-A4 materials The determination of the Tensile Strength 32 Retained (TSR) of foamed bitumen treated TG2-A5 materials 33 Aggregate Crushing Value (Wet& Dry ACV) TMH1 B1 10% Fines Aggregate Crushing Value (10% 34 TMH1 B2 FACT) TMH1 B3 35 Flakiness Index of Coarse Aggregate OR SANS 3001 AG4 TMH1 B4 36 Sieve Analysis of Aggregate OR SANS 3001 AG1 37 Organic Impurities in Fine Aggregate TMH1 B6 38 Bulk Density of Coarse and Fine Aggregates TMH1 B9 Dry Bulk Density, Apparent Relative Density 39 (ARD) and Water Absorption mm TMH1 B Aggregate Dry Bulk Density, Apparent Relative Density (ARD) and Water Absorption mm Aggregate Average Smallest Dimension (ALD) of Aggregate (direct method) TMH1 B15 TMH1 B18(a) OR SANS 3001 AG2 ACCREDITED TO UNDERTAKE T2-18

47 TEST STANDARD 42 Sand Equivalent of Aggregate TMH1 B19 43 Penetration of Bituminous Materials TMH1 E1 44 Rolling Thin Film Oven Test TG1-MB3 45 Determining the Elastic Recovery TG1 MB4 46 Storage Stability (Ring& Ball Difference) TG1-MB6 47 Ball Penetration and Resilience TG1-MB10 48 Determining the Compression Recovery TG1-MB11 49 Determining the Flow Characteristics TG1-MB12 50 Dynamic Viscosity (Rion& Haake) TG1-MB13 Particle size distribution and loose fibre 51 content of rubber crumbs TG1-MB14 52 Resilience of Rubber Crumbs TG1-MB15 53 Bulk Density of Rubber Crumbs TG1-MB16 Bitumen Rubber Standard Test for Softening 54 Point (Ring& Ball Apparatus) TG1-MB17 Low Temperature Ductility of Polymer 55 Modified Binders TG1-MB19 56 Properties of Recovered Binder Residue TG1-MB20 57 Saybolt Furol 60 C TG1-MB21 58 Modified Binder Content TG1-MB22 59 Dynamic viscosity (Brookfield Viscosity) ASTM D4402 Suitable Binder Content for an Asphalt 60 Mixture (Mix Design) TMH1 C1 61 Marshall Stability and Flow TMH1 C2 Bulk Relative Density (BRD) of a Compacted 62 Asphalt and Voids Content TMH1 C3 Rice Maximum Theoretical Relative Density 63 TMH1 C4(a) 64 of Asphalt Binder Content of Asphalt Mixture - indirect method 65 Compressive Strength of Hardened Concrete Making, Curing and Determining Compression Strength of Small Concrete Cubes Drilling, Preparation and Testing Strength of Cores taken from Hardened Concrete TMH1 C7(b) TMH1 D1 OR SANS 5863 AND SANS OR SABS SM 863 AND SABS SANS OR SABS SM SABS In-situ Density by Nuclear Methods TMH1 A10(b) ACCREDITED TO UNDERTAKE SIGNED ON BEHALF OF THE TENDERER: T2-19

48 FORM A14: PRELIMINARY PROGRAMME AND PROPOSED APPROACH The Tenderer shall attach a preliminary programme reflecting the proposed sequences and tempo of execution of the various activities. At least the following dates and activities shall be included in the programme: (i) (ii) Submission of project specific OHS Plan. Date of Establishment on Site. Note to Tenderer: The preliminary programme and proposed approach is for Tender evaluation purposes only (in order that the Tenderer can illustrate their understanding of the project requirements) and should be limited to two pages. SIGNED ON BEHALF OF THE TENDERER: T2-20

49 FORM A15: PROJECT MANAGEMENT AND STAFFING PROPOSAL A brief description of your proposal as to how the project management of the above services will be conducted. (Refer to section F ) In order to aid in the evaluation of the proposals, Tenderers are instructed to ensure that proposal contains at least the following information: (a) Understanding of the Project Brief A brief description of the Tenderer s understanding of the project brief. (b) Technical experience. Include a brief CV of the following key staff members: - Laboratory Quality Assurance Manager (Full time or part time?) - Site Laboratory Manager (c) Comment on the Scope of Services This section should include the Tenderer s opinion on the specified scope of works, with possible omissions and/or additions to the specified scope of works. Potential problems and constraints to be encountered should also be highlighted with an explanation on how the Tenderer intents to overcome these problems and constraints (d) Managerial protocols This section should include management communication lines supervision and safety. SIGNED ON BEHALF OF THE TENDERER: T2-21

50 FORM A16: COMPLIANCE WITH THE REQUIREMENTS OF THE OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 AND CONSTRUCTION REGULATIONS, 2003 (with reference to the COID Act) 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 80 of the Compensation for Occupational Injuries and Diseases Act No 130 of (COID Act) 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: T2-22

51 FORM A17: BEE SCORECARD / VERIFICATION CERTIFICATE Notes to tenderer: 1. The tenderer shall attach to this form a BEE Verification Certificate in accordance with the Construction Sector Codes of Practice promulgated in Gazette on 5 June 2009 (see F of the tender data). 2. In the event of a Joint Venture (JV), a consolidated BEE 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 BBBEE 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 BEE Verification Agency. (h) The category (GENERIC, QSE, Exempt) in which the tenderer has been measured. (i) The broad-based BEE status level. (j) The SANAS logo on the Verification Certificate once verification agencies have been accredited. (k) The BBBEE procurement recognition level. (l) The score achieved per BEE 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 and have it recorded on the certificate. Alternatively, such missing data must be supplied separately, but certified as correct by the same Verification Agency and also attached to this form. Failure to abide by this requirement will result in such a tenderer scoring zero preference. SIGNED ON BEHALF OF THE TENDERER: T2-23

52 PART C1: AGREEMENTS AND CONTRACT DATA

53 CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) TABLE OF CONTENTS PAGE C1.1 FORMS OF OFFER AND ACCEPTANCE 3 C1.1.1 FORM OF OFFER 3 C1.1.2 FORM OF ACCEPTANCE 5 C1.1.3 APPENDIX TO FORM OF ACCEPTANCE 7 C1.2 CONDITIONS OF CONTRACT 8 C1.3 CONTRACT DATA 27 C1.3.1 CONTRACT DATA: INFORMATION PROVIDED BY THE EMPLOYER 27 C1.3.3 CONTRACT DATA: THE FOLLOWING INFORMATION SHALL BE PROVIDED BY THE TENDERER 30 C1.4 OTHER STANDARD FORMS 31 C1.4.1 FORM OF GUARANTEE 31 Notes to Tenderer 1. If more than one alternative Tender is submitted each shall be numbered and submitted on a separate Form of Offer duly completed and signed. C1-2

54 C1.1 FORMS OF OFFER AND ACCEPTANCE C1.1.1 FORM OF OFFER Goba (Pty) Ltd P O Box 3275 Durbanville Western Cape 7551 Sir, CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) 1. I/we, by signing this part of the forms of offer and acceptance, confirm that 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. 2. 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 Employer 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. THE OFFERED TOTAL OF THE PRICES (INCLUSIVE OF VALUE ADDED TAX) IS... (In words) (R... in figures) 3. You may accept this offer by signing and returning to the Tenderer one copy of the acceptance part of the forms of offer and acceptance before the end of the period of validity stated in the Tender data, (or at the end of any agreed extension thereof), whereupon the Tenderer becomes the party named as the Service Provider in the conditions of Contract identified in the Contract data. 4. Notwithstanding anything contained in a covering letter to this Tender, I/we declare this offer is submitted entirely without variations or deviations other than those stipulated in Form A4: Schedule of Variations or Deviations by the Tenderer. 5. I/We agree to abide by this Tender for a period of 90 days from the closing date fixed for the submission of Tenders, and it shall remain binding upon me/us and may be accepted at any time before expiry of that period. 6. Unless and until a formal agreement is prepared and executed, this Tender, together with the written acceptance thereof, shall constitute a binding Contract between us and shall be deemed for all purposes to be the Contract agreement. 7. I/We understand that you are not bound to accept the lowest or any particular Tender you may receive, and that you will not defray any expenses incurred by me/us in Tendering. Yours faithfully C1-3

55 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):... C1-4

56 C1.1.2 FORM OF ACCEPTANCE FORM OF ACCEPTANCE To Dear Sir, CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) ACCEPTANCE OF OFFER 1. It is our pleasure to inform you that Aurecon SA (Pty) Ltd accepts your offer in the amount of R. (i.e. Excluding VAT, 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. 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 and Part C4: Site Information, Part C5: Annexures Together with issued drawings and other documents, or parts thereof, which may be incorporated by reference into Parts C1 to C5 listed above. 4. Deviations and/or variations 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. Addenda issued during the Tender period are deemed not to be deviations to the Tender documents and schedules. 5. The effective date of the Contract shall be the date of this form of acceptance unless the Tenderer (now Service Provider), within three (3) calendar days of the effective date, notifies the Employer in writing of any justification why he cannot accept the contents of this agreement. 6. The commencement date of the Contract shall be that on which the project hand-over meeting is held, which shall not be later than 7 calendar days after the date of this Form, or earlier if circumstances demand and as agreed between Tenderer/Employer. The Service Provider shall submit his formal project programme (in terms of Clause 3.14) to the Employer for approval at this meeting. 7. The Service Provider may employ skilled and semi-skilled or unskilled labour on the works, according to the nature of the requirements, but in conformity with the provisions of Act 40 of 1984, and in compliance with the stipulated requirements of the Employer for this Contract. 8. 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 the Service Provider, this form of acceptance constitutes the binding Contract between us. C1-5

57 NAME AND SIGNATURE OF EMPLOYER: SIGNATURE:... DATE:... NAME (IN CAPITALS): CAPACITY:. Goba (Pty) Ltd: NAME AND SIGNATURE OF WITNESS: SIGNATURE:... DATE:... NAME (IN CAPITALS):... AUTHORITY TO ACT:... C1-6

58 C1.1.3 APPENDIX TO FORM OF ACCEPTANCE Schedule of deviations The deviations listed below constitute agreed variations/amendments to the Tender data and schedules negotiated between the Tenderer and the 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 etc... C1-7

59 CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) C1.2 CONDITIONS OF CONTRACT Note to tenderer: 1. The legislated Standard Conditions of Contract for Professional Services (as published and amended from time to time by the Construction Industry Development Board) are included together with SANRAL s special conditions of contract where the former is shown in standard format and SANRAL s amendments (i.e. special conditions) shown in italics. SANRAL s special conditions of contract are shown in italics as amending clauses of the Standard Conditions. 2. In the reading and interpretation of the provisions of this Sub-contract, the Employer shall be Aurecon SA (Pty) Ltd and the tenderer is referred to as the Service provider. 3. Nothing herein shall be construed as creating any privity of contract between the Subcontractor and SANRAL. C1-8

60 TABLE OF CONTENTS PAGE 1. DEFINITIONS...C INTERPRETATION...C GENERAL...C GOVERNING LAW...C CHANGE IN LEGISLATION...C LANGUAGE...C NOTICES...C LOCATION...C PUBLICITY AND PUBLICATION...C CONFIDENTIALITY...C VARIATIONS...C SOLE AGREEMENT...C INDEMNIFICATION...C PENALTY...C EQUIPMENT AND MATERIALS FURNISHED BY THE EMPLOYER...C ILLEGAL AND IMPOSSIBLE REQUIREMENTS...C PROGRAMME...C SEVERABILITY...C WAIVER...C EMPLOYER S OBLIGATIONS...C INFORMATION...C DECISIONS...C ASSISTANCE...C SERVICES OF OTHERS...C NOTICE OF CHANGE BY EMPLOYER...C ISSUE OF INSTRUCTIONS...C PAYMENT OF SERVICE PROVIDER...C SERVICE PROVIDER S OBLIGATIONS...C GENERAL...C EXERCISE OF AUTHORITY...C DESIGNATED REPRESENTATIVE...C INSURANCES TO BE TAKEN OUT BY THE SERVICE PROVIDER...C SERVICE PROVIDER S ACTIONS REQUIRING EMPLOYER S PRIOR APPROVAL...C CO-OPERATION WITH OTHERS...C NOTICE OF CHANGE BY SERVICE PROVIDER...C SAFEGUARDING THE EMPLOYER S DATA...C PERFORMANCE SECURITY...C CONFLICTS OF INTEREST, CORRUPTION AND FRAUD...C SERVICE PROVIDER NOT TO BENEFIT FROM COMMISSIONS, DISCOUNTS, ETC.C ROYALTIES AND THE LIKE...C INDEPENDENCE...C CORRUPTION AND FRAUD...C1-18 C1-9

61 7. SERVICE PROVIDER S PERSONNEL...C PROVISION OF PERSONNEL...C STAFF AND EQUIPMENT...C WORKING HOURS, OVERTIME AND LEAVE...C COMMENCEMENT, COMPLETION, MODIFICATION SUSPENSION AND TERMINATION OF THE CONTRACT...C COMMENCEMENT...C COMPLETION...C FORCE MAJEURE...C TERMINATION...C SUSPENSION...C RIGHTS AND LIABILITIES OF THE PARTIES...C OWNERSHIP OF DOCUMENTS AND COPYRIGHT...C SUCCESSION AND ASSIGNMENT...C SUBCONTRACTING...C RESOLUTION OF DISPUTES...C SETTLEMENT...C MEDIATION...C ADJUDICATION...C ARBITRATION...C LIABILITY...C LIABILITY OF THE SERVICE PROVIDER...C LIABILITY OF THE EMPLOYER...C COMPENSATION...C DURATION OF LIABILITY...C LIMIT OF COMPENSATION...C INDEMNITY BY THE EMPLOYER...C EXCEPTIONS...C REMUNERATION AND REIMBURSEMENT OF SERVICE PROVIDER...C1-25 C1-10

62 CONDITIONS OF CONTRACT 1. DEFINITIONS In the Contract, the following words and expressions shall have the meanings indicated, except where the context otherwise requires. Defined terms and words are signified in the text of the Contract by the use of capital initial letters. Agent The Service Provider appointed in terms of the Occupational Health and Safety Act No. 85 of 1993, including the relevant Regulations. Construction monitoring/ supervision The process of managing and co-ordinating the Works Contract and over-seeing and/or inspecting the Works in accordance with the Employer s requirements. Contract The Contract signed by the Parties and of which these General Conditions of Contract form part. Contract Data Specific data, which together with these General Conditions of Contract, collectively describe the risks, liabilities and obligations of the contracting Parties and the procedures for the administration of the contract. Contract Price The price to be paid for the performance of the Services in accordance with the Pricing Data. Day A calendar day. Defect A part of the Services, as performed, which does not comply with the requirements of the Contract. Deliverable Any measurable, tangible, verifiable outcome, result or item that must be produced or completed. Engineer The natural or juristic person, partnership, Incorporated Company, Propriety Limited Company or Close Corporation appointed in writing by the Employer for the construction monitoring and management of the engineering Works undertaken by the Contractor. Employer The contracting party named in the Contract who employs the Service Provider. Force Majeure For the purpose of this Contract the expression Force Majeure shall mean an event or circumstance described in clause Key Persons Persons who are named as such in the Contract Data who will be engaged in the performance of the Services. Others Persons or organizations who are not the Employer, the Service Provider or any employee, Subcontractor, or supplier of the Service Provider. Parties The Employer and the Service Provider. Period of Performance The period within which the Services are to be performed and completed. Personnel C1-11

63 Persons hired by the Service Provider as employees and assigned to the performance of the Services or any part thereof. Personnel Schedule A schedule naming all personnel and key persons. Pricing Data Data that establishes the criteria and assumptions that were taken into account when developing the Contract Price and the record of the components that make up of the Contract Price. Project The project named in the Contract Data for which the Services are to be provided. Scope of Work The document which defines the Employer s objectives and requirements and specifies the Services which must, or may, be provided under the Contract. Service Provider The contracting party named in the Contract Data who is employed by the Employer to perform the Services described in the Contract, and legal successors to the Service Provider and legally permitted assignees. Services The work to be performed by the Service Provider pursuant to the Contract as described in the Scope of Work. Subcontractor A person or body corporate who enters into a subcontract with the Service Provider to perform part of the Services. Technical Proposal The Key Persons proposed by the Service Provider to undertake the respective functions/duties as defined under the Contract. Works or Works Contract That project or part of a project that the employer wishes to have delivered and for which the service provider has been appointed for the performance of the services specified in this contract. 2. INTERPRETATION 2.1 Unless inconsistent with the context, an expression which denotes: a) any gender includes the other genders; b) a natural person includes a juristic person and vice versa; c) the singular includes the plural and vice versa. 2.2 If there is any conflict between the provisions of these General Conditions of Contract and the Contract Data, the provisions of the Contract Data shall prevail. 2.3 The clause headings shall not limit, alter or affect the meaning of the Contract. 3. GENERAL 3.1 Governing laws Law means all national (or other spheres of Government) legislation, statutes, ordinances and other laws including the South African Common Law, and regulations and by-laws of any legally constituted public authority. 3.2 Change in legislation If after the commencement of the Contract, the cost or duration of the Services is altered as a result of changes in, or additions to, any statute, regulation or bye-law, or the requirements of any authority having jurisdiction over any matter in respect of the Project, then the Contract Price and time for completion shall be adjusted in order to reflect the impact of those changes, provided that, within 14 C1-12

64 days of first having become aware of the change, the Service Provider furnished the Employer with detailed justification for the adjustment to the Contract Price. 3.3 Language The language of the Contract and of all communications between the Parties shall be English All reports, recommendations and reports prepared by the Service Provider under the Contract shall be in English. 3.4 Notices Any notice, request, consent, or other communication made between the Parties pursuant to the Contract shall be in writing and shall be deemed to have been made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when delivered to such Party at the address stated in the Contract Data, or one week after having been sent by registered post If the sender requires evidence of receipt, he shall state such requirement in his communication and, wherever there is deadline for the receipt of the communication, he may demand evidence of receipt of his communication. In any event, the sender shall take all the necessary measures to ensure receipt of communications A Party may change its address for receipt of communications by giving the other Party 30 days advance notice of such change. 3.5 Location The Services shall be performed at such locations as are specified in the Contract Data, and where the location of a particular task is not so specified, at such locations as the Employer may approve. 3.6 Publicity and publication Unless otherwise agreed, the Service Provider shall not release public or media statements or publish material related to the Services or Project within two (2) years of completion of the Services without the written approval of the Employer, which approval shall not be unreasonably withheld. 3.7 Confidentiality Both Parties shall keep all commercially sensitive information obtained by them in the context of the Contract confidential and shall not divulge it without the written approval of the other Party except to the extent strictly necessary to carry out obligations under this Contract or to comply with applicable laws. 3.8 Variations The Employer may, without changing the objectives or fundamental scope of the Contract, order variations to the Services or may request the Service Provider to submit proposals, including the time and cost implications, for variations to the Services. No variation shall have any force or effect unless reduced to writing and signed by both Parties The reasonable cost of preparation and submission of such proposals and the incorporation into the Contract of any variations to the Services ordered by the Employer, including any change in the Contract Price, shall be agreed in writing between the Service Provider and the Employer, prior to the change being implemented Where a variation is necessitated by default or breach of Contract by the Service Provider, any additional cost attributable to such variation shall be borne by the Service Provider. 3.9 Sole agreement The Contract constitutes the sole agreement between the Parties for the performance of the Services and no representation not contained therein shall be of any force or effect. No amendments will be of any force or effect unless reduced to writing and signed by both Parties. C1-13

65 3.10 Indemnification 3.11 Penalty The Service Provider shall, at his own expense, indemnify, protect and defend the Employer, its agents and employees, from and against all actions, claims, losses and damage arising from any wilful or negligent act or omission by the Service Provider or his subcontractors in the performance of the Services, including any violation of legal provisions, or rights of others, in respect of patents, trade marks and other forms of intellectual property such as copyrights In the event that due to his negligence, or for reasons within his control, the Service Provider does not perform the Services within the Period of Performance, the Employer shall without prejudice to his other remedies under the Contract, be entitled to levy a penalty for every Day or part thereof, which shall elapse between the end of the period specified for performance, or an extended Period of Performance, and the actual date of completion, at the rate and up to the maximum amount stated in the Contract Data If the Employer has become entitled to the maximum penalty amount referred to in , he may after giving notice to the Service Provider: a) terminate the Contract b) complete the Services at the Service Provider s cost Equipment and materials furnished by the Employer Equipment and materials made available to the Service Provider by the Employer, or purchased by the Service Provider with funds provided by the Employer for the performance of the Services shall be the property of the Employer and shall be marked accordingly. Upon termination or expiration of the Contract, the Service Provider shall make available to the Employer an inventory of such equipment and materials and shall dispose of them in accordance with the Employer s instructions Unless otherwise stated in the Contract Data, the Service Provider shall, at his own expense, insure the equipment and materials referred to in for their full replacement value Illegal and impossible requirements The Service Provider shall notify the Employer immediately, should he become aware that the Contract requires him to undertake anything which is illegal or impossible Programme The Service Provider shall, within the time period set out in the Contract Data, submit to the Employer a programme for the performance of the Services which shall, inter alia, include: a) the order and timing of operations by the Service Provider and any actions required of the Employer and Others; b) the dates by which the Service Provider plans to complete work needed to allow the Employer and Others to undertake work required of them; and c) other information as required in terms of the Scope of Work or Contract Data The Employer may, during the course of the Contract, request the Service Provider to amend the programme. Where this is not practicable, the Service Provider shall advise the Employer accordingly and advise him of alternative measures, if any, which might be taken The Service Provider shall regularly update the programme to reflect actual progress to date and expected future progress Severability 3.16 Waiver If a court of competent jurisdiction holds that any provision of this Contract is severable by reason of it being invalid, illegal, unlawful or unenforceable and as a consequence of which prevents the accomplishment of the purpose of this Contract, the Employer and the Service Provider shall meet and review the matter to adopt means to fulfil the purpose of the Contract. C1-14

66 No defence of a waiver of any of the provisions of this contract shall be effective unless it is expressly stated in writing, by the Party against whom such defence is raised, to be a waiver of such provisions and is communicated to the other Party in writing in accordance with the provisions of Clause EMPLOYER S OBLIGATIONS 4.1 Information The Employer shall timeously provide to the Service Provider, free of cost, all available information and data in the Employer s possession which may be required for the performance of the Services The Employer shall provide the Service Provider with any assistance required in obtaining other relevant information that the latter may require in order to perform the Services The Service Provider shall be entitled to rely on the accuracy and completeness of all information furnished by or on behalf of the Employer. 4.2 Decisions The Employer shall, within a reasonable time, give his decision on any matter properly referred to him in writing by the Service Provider so as not to delay the performance of Services. 4.3 Assistance The Employer shall co-operate with the Service Provider and shall not interfere with or obstruct the proper performance of the Services. The Employer shall as soon as practicable: authorise the Service Provider to act as his agent insofar as may be necessary for the performance of the Services; provide all relevant data, information, reports, correspondence and the like, which become available; procure the Service Provider s ready access to premises, or sites, necessary for the performance of the Services; assist in the seeking of all approvals, licenses and permits from state, regional and municipal authorities having jurisdiction over the Project, unless otherwise stated in the Contract Data; designate in writing a person to act with his complete authority in giving instructions and receiving communications on his behalf and interpreting and defining his policies and requirements in regard to the Services. 4.4 Services of Others The Employer shall, at his own cost, engage such Others as may be necessary for the execution of work necessary for the completion of the Project, but not included in the Services The Employer shall not enter into an agreement or contract with Others which describes any of the duties and responsibilities of the Service Provider in terms of the Contract or which imposes obligations on him, without first obtaining the Service Provider s written agreement thereto. 4.5 Notice of change by Employer On becoming aware of any matter which will materially change, or has changed, the scope, cost or timing of the Services, or on becoming aware of any defect or deficiency in the Services, the Employer shall immediately advise the Service Provider thereof. 4.6 Issue of instructions Where the Service Provider is required to administer the work or services of Others, or any contract or agreement, on behalf of the Employer, then the Employer shall issue instructions related to such work, services, contract or agreement only through the Service Provider. C1-15

67 4.7 Payment of Service Provider The Employer shall pay the Service Provider the Contract Price in accordance with the provisions of the Contract. 5. SERVICE PROVIDER S OBLIGATIONS 5.1 General The Service Provider shall perform the Services in accordance with the Scope of Work with all reasonable care, diligence and skill in accordance with generally accepted professional techniques and standards and shall be responsible for breach of professional duty by reason of any error, omission or neglect in connection with delivering the services Where the Services include the exercise of powers to certify, decide or otherwise exercise discretion in regard to a contract or agreement between the Employer and Others, then the Service Provider shall act in respect of that contract or agreement as an independent professional If the Service Provider is a joint venture or consortium of two or more persons, the Service Provider shall designate one person to act as leader with authority to bind the joint venture or consortium. Neither the composition nor the constitution of the joint venture or consortium shall be altered without the prior consent in writing of the Employer, which shall not be unreasonably withheld The Service Provider shall be specifically delegated as the Employer's "Mandatary" in terms of the Occupational Health and Safety Act (Act no. 85 of 1993), and as the Employer's Agent as defined in Construction Regulations 4(2), (5) and (6) of the said Act The Service Provider, if requested by the Employer, shall provide any plans and calculations for checking by Others All design calculations shall be kept and safeguarded for the duration of the insurance(s) required in terms of clause Exercise of authority The Service Provider shall have no authority to relieve Others appointed by the Employer to undertake work on the Project of any of their duties, obligations, or responsibilities under their respective agreements or contracts, unless expressly authorised by the Employer in response to an application by the Service Provider in writing to do so Whenever necessary to enter upon land for the performance of the Contract the service Provider shall do so in accordance with the provisions of the SANRAL Act, (Act 7 of 1998) and shall indemnify the Employer from all costs arising from any transgression committed by the Service Provider. 5.3 Designated representative The Service Provider shall designate in writing a person to act as his representative and such person shall have complete authority to receive instructions from and give information to the Employer on behalf of the Service Provider. 5.4 Insurances to be taken out by the Service Provider The Service Provider shall, at his own cost, unless otherwise agreed, take out and maintain in force such insurance policies in respect of their own risks in performing the Services as are stipulated in the Contract Data, subject to the approval of the Employer, which approved shall not be unreasonably withheld The Service Provider shall, at the Employer s request, provide evidence to the Employer showing that the insurance required in terms of Clause has been taken out with an insurance company registered in the Republic of South Africa, or as otherwise approved by the Employer and maintained in force. 5.5 Service Provider s actions requiring Employer s prior approval C1-16

68 The Service Provider shall obtain the Employer s prior approval in writing before taking, inter alia, any of the following actions: a) appointing Subcontractors for the performance of any part of the Services, b) appointing Key Persons not listed by name in the Contract Data. c) any other action that may be specified in the Contract Data. 5.6 Co-operation with Others If the Service Provider is required to perform the Services in co-operation with Others he may make recommendations to the Employer in respect of the appointment of such Others. The Service Provider shall, however, only be responsible for his own performance and the performance of Subcontractors unless otherwise provided for. 5.7 Notice of change by Service Provider On becoming aware of any matter which will materially change or has changed the scope, cost or timing of the Services, the Service Provider shall give notice thereof to the Employer, save that the Service Provider is empowered to make minor changes or variations within the overall programme or budget and within such parameters as are defined by the Employer, provided that such changes are reported timeously to the Employer. 5.8 Safeguarding the Employer s data The Parties shall take reasonable precautions (each having regard to the nature of the other s respective obligations under the Contract) to preserve the integrity of the Employer s data including appropriate back-up procedures In the event that the Employer s data is corrupted or lost as a result of any default by the Service Provider, the Employer shall at the Service Provider s expense, have the option to: - require the Service Provider to restore or procure the restoration of such data; or; - itself restore or procure restoration of such data. 5.9 Performance Security Where required, the Service Provider shall obtain (at his cost) a Performance Security for proper performance in the amount and currencies stated in the Contract Data. If an amount is not stated in the Contract Data, this sub-clause shall not apply. The Service Provider 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 an insurance company or bank registered or licensed as an insurance company or bank 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. 6. CONFLICTS OF INTEREST, CORRUPTION AND FRAUD 6.1 Service Provider not to benefit from commissions, discounts, etc. The remuneration of the Service Provider under the Contract shall constitute the Service Provider s sole remuneration in connection with the Contract, or the Services, and the Service Provider shall not accept for his own benefit any trade commission, discount, or similar payment in connection with activities pursuant to the Contract, or in the discharge of his obligations under the Contract, and shall use his best efforts to ensure that the Personnel, any Subcontractors, and agents of either of them shall, similarly, not receive any additional remuneration. 6.2 Royalties and the like The Service Provider shall not have the benefit, whether directly or indirectly, of any royalty or of any gratuity or commission in respect of any patented or protected article or process used in or for the purposes of the Contract, or Project, unless so agreed by the Employer in writing. C1-17

69 6.3 Independence The Service Provider shall refrain from entering into any relationship which could be perceived as compromising his independence of judgment, or that of Subcontractors or Personnel. 6.4 Corruption and Fraud The Service Provider shall neither: (a) Offer or give or agree to give any person of the Employer any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forebore to do any act in relation to the obtaining or performance of this contract or any other contract with the Employer or for showing or forbearing to show favour or disfavour to any person in relation to this contract; nor (b) Enter into this contract if in connection with it commission or a reward of any type has been paid, offered or agreed to be paid to any person of the Employer by the Service Provider or on his behalf or knowledge In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion, that a breach of any of the provisions of Clause has been perpetrated by the Service Provider or anyone employed by him or acting on his behalf in relation to this contract or any other agreement with the Employer, the Employer may: i. summarily suspend the operation of this Contract by notice in writing to the Service Provider, informing him of the Employer s opinion and the grounds and reasons upon which it is based, and calling upon the Service Provider to show cause, in writing, within fourteen (14) days of receipt of the written notice why the Employer should not terminate this Contract on the grounds of the alleged breach(es) of Clause of this Contract; ii. iii. withhold all payments due; terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to respond to the Employer s written response, to satisfy the Employer that his opinion is unfounded. Provided always that such termination shall not prejudice or affect any right of action or remedy, which shall have accrued or shall accrue thereafter to the Employer and provided also that the Employer may recover from the Service Provider such sum as the Employer deems equivalent to the amount or value of any such gift, consideration or commission In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion that any contract with a Government or public sector body has been or was obtained by the Service Provider through actions that mutatis mutandis are similar in nature to those barred in terms of Clause by the Service Provider or by anyone employed by the Service Provider or acting on the Service Provider s behalf in relation to such Contract, the Employer may: (a) (b) (c) summarily suspend the operation of this Contract by notice in writing to the Service Provider, informing him of the Employer s opinion and the grounds and reasons upon which it is based, and calling upon the Service Provider to show cause, in writing within fourteen (14) days of receipt of the written notice why the Employer should not terminate this Contract on the grounds of the alleged breach(es) of Clause of this contract; withholds all payments due terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to respond to the Employer s written notice within the prescribed time, or fails, in his written response, to satisfy the Employer that this opinion is unfounded. Provided always that such termination shall not prejudice or affect any right of action or remedy, which shall have accrued or shall accrue thereafter to the Employer. 7. SERVICE PROVIDER S PERSONNEL 7.1 Provision of Personnel The Service Provider shall provide appropriate Personnel for such time periods as required in terms of the Contract and shall enter all data pertaining to Personnel including titles, job descriptions, qualifications and estimated periods of engagement on the performance of the Services in the Personnel Schedule. C1-18

70 7.1.2 The Services shall be performed by the Personnel listed in the Personnel Schedule for the periods of time indicated therein. The Service Provider may, subject to the approval of the Employer, make such adjustments to the data provided in terms of Clause above as may be appropriate to ensure the efficient performance of the Services, provided that the adjustments will not cause payments to exceed any limit placed on the Contract Price The Service Provider shall: a) forward to the Employer for approval, within 15 days of the award of the Contract, the Personnel Schedule and a timetable for the placement of Personnel. b) inform the Employer of the date of commencement and departure of each member of Personnel during the course of the Project. c) submit to the Employer for his approval a timely request for any proposed change to Personnel, or timetables. 7.2 Staff and equipment The Service Provider shall employ and provide all qualified and experienced Personnel required to perform the Services Where required in terms of the Contract, the Service Provider shall provide Key Persons as listed in the Contract Data to perform specific duties. If at any time, a particular Key Person cannot be made available, the Service Provider may engage a replacement who is equally or better qualified to perform the stated duty, subject to the Employer s approval, which approval shall not be unreasonably withheld Where the Service Provider proposes to utilise a person not named in the Personnel Schedule, he shall submit the name, relevant qualifications and experience of the proposed replacement person to the Employer for approval. Should the Employer not object in writing within 10 days of receipt of such notification, the replacement shall be deemed to have been approved by the Employer Where the fees for the Services are time-based, the fee payable for a person provided as a replacement shall not exceed that which would have been payable to the person replaced Except in the case of replacement resulting from death or where the Employer requests a replacement not provided for by the Contract, the Service Provider shall bear all additional costs arising out of or incidental to such replacement The Service Provider shall take all measures necessary and shall provide all materials and equipment necessary to enable Personnel to perform their duties in an efficient manner. 7.3 Working hours, overtime and leave Where the fee for the Services are time-based, working hours, leave entitlement and holidays for Personnel provided in terms of Clause 7 are to be as stated in the Contract Data, or, if not stated, to be determined by the Service Provider. The Employer will not be responsible for overtime payments to Personnel unless so specifically provided for in the Pricing Schedule. 8. COMMENCEMENT, COMPLETION, MODIFICATION SUSPENSION AND TERMINATION OF THE CONTRACT 8.1 Commencement The Contract shall come into effect on the date that it is signed by both Parties or such later date as may be stated in the Contract Data. The Service Provider shall commence the performance of the Services within thirty (30) days after the date that the Contract becomes effective, or such date as may be specified in the Contract Data. 8.2 Completion C1-19

71 8.2.1 Unless terminated in terms of the Contract, or otherwise specified in the Contract Data, the Contract shall be concluded when the Service Provider has completed all Deliverables in accordance with the Scope of Work The Service Provider, may request an extension to the Period of Performance if he is or will be delayed in completing the Contract by any of the following causes: a) variations to Services ordered by the Employer. b) failure of the Employer to fulfil his obligations under the Contract. c) any delay in the performance of the Services which is not due to the Service Provider s default. d) Force Majeure The Service Provider shall within 14 days of becoming aware that a delay may occur, notify the Employer of his intention to make a request for the extension of the Period of Performance to which he considers himself entitled and shall within 30 days thereafter deliver to the Employer full and detailed particulars of the request, in order that it may be investigated at the time The Employer shall, within 30 days of receipt of a detailed request, grant such extension to the Period of Performance as may be justified, either prospectively or retrospectively, or inform the Service Provider that he is not entitled to an extension. Should the Service Provider find the decision of the Employer to be unacceptable he shall, nevertheless, abide by such decision in the performance of the services and the matter shall be dealt with as a dispute in terms of Clause Force Majeure In this clause Force Majeure means an exceptional event or circumstance: (a) which is beyond party s control, (b) which such a party could not reasonably have provided against before entering into the Contract, (c) which, having arisen, such Party could not reasonably have avoided or overcome, and (d) which is not substantially attributable to the other Party Force Majeure may include, but is not limited to, exceptional events or circumstances of the kind listed below; (i) natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity (ii) war, hostilities (whether war to be declared or not), invasion, act of foreign enemies, (iii) rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war, (iv) riot, commotion, disorder, strike or lockout by persons other than the Service Provider s Personnel or other employees of the Service Provider and Sub-contractors, An event or circumstance which is attributable to a wilful act, neglect or failure to take reasonable precautions by the affected party, his employees agents, subcontractors or others shall, under no circumstances, be considered Force Majeure The failure of a Party to fulfil any of its obligations under the Contract shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to meet the terms and conditions of this Contract, and has notified the other Party within 10 days of its occurrence and within a reasonable time of its estimated duration and consequences. Failure to so notify shall terminate that Party s right to release from his obligations In the event that the performance of the Services has to be suspended on the grounds of Force Majeure, the time for completion shall be extended by the extent of the delay plus a reasonable period for the resumption of work or, if the speed of performing certain Services has to be reduced, the time for their completion shall be extended as may be necessary in the circumstances During the period of his inability to perform the Services as a result of an event of Force Majeure, the Service Provider shall be entitled to continue to be paid under the terms of the Contract and shall be reimbursed for additional costs reasonably and necessarily incurred by him in suspending, delaying and re-activating the performance of the Services. C1-20

72 8.3.5 If the Force Majeure event continues for more than 90 (ninety) days, either Party shall have the right to terminate this Contract with immediate affect. 8.4 Termination The Employer may in addition to his rights under sub-clauses 6.4.2, and 10.5 terminate the Contract by giving not less than thirty (30) days written notice thereof to the Service Provider after the occurrence of any of the following events: (a) if the Service Provider does not remedy a failure in the performance of his obligations under the Contract within thirty (30) days after having been notified thereof, or within any further period as the Employer may have subsequently approved in writing; (b) if the Service Provider becomes insolvent or bankrupt; or (c) if, as the result of Force Majeure, the Service Provider is unable to perform a material portion of the Services for a period of not less than sixty (60) days; (d) commission of an offence in terms of clauses 6.1 and 6.4. Upon delivery of such notice by the Service Provider he shall immediately vacate the site and deliver to the Employer all drawings, documents and papers relating to the Services and shall within fourteen (14) days after the date of termination submit an account for the Services satisfactorily performed prior to the date of notice. The Employer shall not be liable to the Service Provider for any loss of profit or damages suffered as a result of cancellation of the contract as contemplated in this clause The Service Provider may terminate the Contract, by giving not less than thirty (30) days written notice to the Employer after the occurrence of any of the following events: (a) (b) (c) (d) if the Employer fails to pay any monies due to the Service Provider in terms of the Contract and not subject to dispute pursuant to Clause 12 within forty-five (45) days after receiving written notice from the Service Provider that such payment is overdue; or if, as the result of Force Majeure, the Service Provider is unable to perform a material portion of the Services for a period of not less than sixty (60) days; or when the Services have been suspended under Clause 8.5 and the period of suspension exceeds 6 months, or it is clear to the Service Provider that it will be impossible or impractical to resume the suspended Services before the period of suspension has exceeded 6 months; or if the Employer is in material breach of a term of the Contract and fails to rectify such breach within 30 days of the receipt of written notice requiring him to do so Upon termination of this Contract pursuant to Clauses or 8.4.2, the Employer shall make the following payments to the Service Provider: (a) remuneration in terms of the Contract for Services satisfactorily performed prior to the effective date of termination less any costs arising from termination. (b) except in the case of termination pursuant to events (a) and (b) of Clause 8.4.1, reimbursement of any reasonable cost incident to the prompt and orderly termination of the Contract Should the Service Provider, being an individual or the last surviving principal of a partnership or body corporate, die or be prevented by illness or any other circumstances beyond his control from performing the obligations implied by the Contract, the Contract shall be terminated without prejudice to the accrued rights or either Party against the other Where required in terms of the contract data the surety delivered by the Service Provider in terms of this Contract shall remain in force until the completion of the project. 8.5 Suspension C1-21

73 8.5.1 The Employer may temporarily suspend all or part of the Services by notice to the Service Provider who shall immediately make arrangements to stop the performance of the Services and minimise further expenditure When Services are suspended, the Service Provider shall be entitled to pro-rata payment for the Services carried out and reimbursement of all reasonable cost incident to the prompt and orderly suspension of the Contract. 8.6 Rights and liabilities of the Parties Completion, suspension or termination of the Contract shall not prejudice or affect the accrued rights or liabilities of the Parties. 9. OWNERSHIP OF DOCUMENTS AND COPYRIGHT 9.1 Copyright of all documents prepared by the Service Provider in accordance with the relevant provisions of the copyright Act (Act 98 of 1978) relating to Project shall be vested in the party named in the Contract Data. Where copyright is vested in the Service Provider, the Employer shall be entitled to use the documents or copy them only for the purposes for which they are intended in regard to the Project and need not obtain the Service Provider s permission to copy for such use. Where copyright is vested in the Employer, the Service Provider shall not be liable in any way for the use of any of the information other than as originally intended for the Project and the Employer hereby indemnifies the Service Provider against any claim which may be made against him by any party arising from the use of such documentation for other purposes. 9.2 The ownership of data and factual information collected by the Service Provider and paid for by the Employer shall, after payment by the Employer, lie with the Employer. 9.3 The Employer shall have no right to use any documents prepared by the Service Provider whilst the payment of any fees and expenses due to the Service Provider in terms of the Contract is overdue. 10. SUCCESSION AND ASSIGNMENT 10.1 Except as defined in Clause above, each Party binds itself and its partners, successors, executors, administrators, assigns and legal representatives to the other Party and to the other partners, successors, executors, administrators, assigns and legal representatives of the other Party in respect of all obligations and liabilities of the Contract An assignment shall be valid only if it is a written agreement, by which the Parties transfer their rights and obligations under the Contract, or part thereof, to others The Service Provider shall not, without the prior written consent of the Employer, assign the Contract or any part thereof, or any benefit or interest there under, except in the following cases: (a) (b) by a charge in favour of the Service Provider s bankers of any monies due or to become due under the Contract; or by assignment to the Service Provider s insurers of the Service Provider s right to obtain relief against any other person liable in cases where the insurers have discharged the Service Provider s loss or liability The approval of an assignment by the Employer shall not relieve the Service Provider of his obligations for the part of the Contract already performed or the part not assigned If the Service Provider has assigned his Contract or part thereof without authorization, the Employer may forthwith terminate the Contract. 11. SUBCONTRACTING 11.1 A subcontract shall be valid only if it is a written agreement by which the Service Provider entrusts performance of a part of the Services to others The Service Provider shall not subcontract to nor engage a Subcontractor to perform any part of the Services without the prior written authorization of the Employer. The services to be sub-contracted C1-22

74 and the identity of the Subcontractor shall be notified to the Employer. The Employer shall, within 14 days of receipt of the notification and a full motivation why such services are to be subcontracted, notify the Service Provider of his decision, stating reasons, should he withhold such authorization, failing which the Subcontractor shall be deemed to be approved by the Employer. If the Service Provider enters into a subcontract with a Subcontractor without prior approval, the Employer may forthwith terminate the Contract The Employer shall have no contractual relationships with Subcontractors. However, if a Subcontractor is found by the Employer to be incompetent, the Employer may request the Service Provider either to provide a Subcontractor with qualifications and experience acceptable to the Employer as a replacement, or to resume the performance of the relevant part of the Services himself The Service Provider shall advise the Employer without delay of the variation or termination of any subcontract for performance of all or part of the Services The Service Provider shall be responsible for the acts, defaults and negligence of Subcontractors and their agents or employees in the performance of the Services, as if they were the acts, defaults or negligence of the Service Provider, his agents or employees. Approval by the Employer of the subcontracting of any part of the Contract or of the engagement by the Service Provider of Subcontractors to perform any part of the Services shall not relieve the Service Provider of any of his obligations under the Contract. 12. RESOLUTION OF DISPUTES 12.1 Settlement Any dispute between the Parties shall arise by either party presenting to the other in writing the nature of the dispute and the facts to be dealt with. The Parties shall negotiate in good faith with a view to settling any dispute or claim arising out of or relating to the Contract and may not initiate any further proceedings until either Party has, by written notice to the other, declared that such negotiations have failed Any dispute or claim arising out of or relating to the Contract which cannot be settled between the Parties shall in the first instance be referred by the Parties to either mediation or adjudication as provided for in the Contract Data Mediation If the Contract Data does not provide for dispute resolution by adjudication, not earlier than ten working days after having advised the other Party, in terms of Clause 12.1, that negotiations in regard to a dispute have failed, an aggrieved Party may require that the dispute be referred, without legal representation, to mediation by a single mediator. The mediator shall be selected by agreement between the Parties, or, failing such agreement, by the person named for this purpose in the Contract Data. The costs of the mediation shall be borne equally by the Parties The mediator shall convene a hearing of the Parties and may hold separate discussions with any Party and shall assist the Parties in reaching a mutually acceptable settlement of their differences through means of reconciliation, interpretation, clarification, suggestion and advice. The Parties shall record such agreement in writing and thereafter they shall be bound by such agreement The mediator is authorised to end the mediation process whenever in his opinion further efforts at mediation would not contribute to a resolution of the dispute between the Parties and shall do so, if after a period of ninety days from entering into the mediation process, no resolution has been achieved If either Party is dissatisfied with the opinion expressed by the mediator or should the mediation fail, then such Party may require that the dispute be referred to arbitration or litigation in a competent civil court, as provided for in the Contract Data; provided that the dissatisfied Party notifies the other in writing within 28 Days of mediator s decision being issued or the mediator declaring the mediation to have ended, as provided for in the Contract Data. Claims not brought within the time periods set out herein will be deemed to be waived Adjudication C1-23

75 If the Contract Data does not provide for dispute resolution by mediation, an aggrieved Party may refer the dispute to adjudication. Adjudication shall be in accordance with the latest edition of the separately published CIDB Adjudication Procedures The adjudicator shall be appointed in terms of the Adjudicator s Agreement bound in the Construction Industry Development Board s Adjudication Procedure The Adjudicator shall be any person agreed to by the parties or, failing such agreement, shall be nominated by the person named in the Contract Data. The Adjudicator shall be appointed in accordance with the Adjudicator s Agreement contained in the CIDB Adjudication Procedure If a Party is dissatisfied with the decision of the Adjudicator, the Party may give the other Party written notice of dissatisfaction within 28 days of the receipt of that decision and refer the dispute to arbitration or litigation in a competent civil court as provided for in the Contract Data. If notice of dissatisfaction is not given within the specified time, the decision shall be final and binding on the Parties Arbitration Arbitration, where provided for in the Contract Data, shall be by a single arbitrator in accordance with the provisions of the Arbitration Act of 1965 as amended and shall be conducted in accordance with such procedure as may be agreed between the Parties or, failing such agreement, in accordance with the Rules for the Conduct of Arbitrations, current at the date of the contract, published by the Association or Arbitrators The arbitrator shall be mutually agreed upon or, failing agreement, to be nominated by the person named in the Contract Data. 13. LIABILITY 13.1 Liability of the Service Provider The Service Provider shall be liable to the Employer arising out of or in connection with the Contract if a breach of Clause 5.1 is established against him The Service Provider shall correct a Defect on becoming aware of it. If the Service Provider does not correct a Defect within a reasonable time and the Defect arose from a failure of the Service Provider to comply with his obligation to provide the Services, the Service Provider shall pay to the Employer the amount which the latter assesses as being the cost of having such Defect corrected by Others Liability of the Employer The Employer shall be liable to the Service Provider arising out of or in connection with the Contract if a breach of an obligation of his in terms of the Contract is established. The Service Provider shall have no separate delictual right of action against the Employer Compensation If it is established that either Party is liable to the other, compensation shall be payable only on the following terms: (a) Compensation shall be limited to the amount of reasonably foreseeable loss and damage suffered as a result of the breach. (b) The compensation payable by either Party shall be reduced by the arbitrator/mediator/adjudicator to such extent as is deemed just and equitable having regard to the degree in which the other Party or any third party was at fault in relation to the loss or damage. The liability of the Parties is not joint and each Party shall only be liable for that proportion of the compensation which is attributable to his fault. (c) In any event, the amount of compensation will be limited to the amount specified in Clause C1-24

76 13.4 Duration of Liability Notwithstanding the terms of the Prescription Act No. 68 of 1969 (as amended) or any other applicable statute of limitation neither the Employer nor the Service Provider shall be held liable for any loss or damage resulting from any occurrence unless a claim is formally made within the period stated in the Contract Data or, where no such period is stated, within a period of three years from the date of termination or completion of the Contract Limit of Compensation The maximum amount of compensation payable by either Party to the other in respect of liability under the Contract is limited to: a) the sum insured in terms of 5.4. in respect of insurable event; and b) the sum stated in the Contract Data or, where no such amount is stated, to an amount equal to twice the Contract Price (inclusive of VAT) payable to the Service Provider under the Contract Each Party agrees to waive all claims against the other insofar as the aggregate of compensation which might otherwise be payable exceeds the aforesaid maximum amount payable If either Party makes a claim for compensation against the other Party and this is not established, the claimant shall reimburse the other for his reasonable costs incurred as a result of the claim or if proceedings are initiated in terms of Clause 12 for such costs as may be awarded Indemnity by the Employer The Employer shall indemnify the Service Provider against all claims by third parties which arise out of or in connection with the performance of the Services save to the extent that such claims do not in the aggregate exceed the limit of compensation in Clause 13.5 or are covered by the insurances arranged under the terms of Clause Exceptions Clauses 13.5 and 13.6 shall not apply to claims arising from deliberate misconduct The Service Provider shall have no liability whatsoever for actions, claims, losses or damages occasioned by: a) the Employer omitting to act on any recommendation, or overriding any act, decision or recommendation, of the Service Provider, or requiring the Service Provider to implement a decision or recommendation with which the Service Provider disagrees or on which he expresses a serious reservation; or b) the improper execution of the Service Provider s instructions by agents, employees or independent contractors of the Employer. 14. REMUNERATION AND REIMBURSEMENT OF SERVICE PROVIDER The Employer shall remunerate and reimburse the Service Provider for the performance of the Services as set out in the Pricing Data and Scope of Works. If not otherwise stated in the Pricing Data, the following shall apply: 14.1 The Service Provider shall be entitled to render interim monthly accounts for fees and reimbursements throughout the duration of the Contract. Interim amounts of lump sum fees due (or any specified fixed-progressed payments due that have been delayed by the acts of the Employer) shall be based on progress The Employer shall invoice SANRAL in accordance with the Main Agreement and shall pay or cause to be paid, the Service Provider within 14 (fourteen) days of receipt of payment from SANRAL. The Employer shall not be obliged to pay the Service Provider until the Employer has received the funds so invoiced from SANRAL If any item or part of an item in an invoice submitted by the Service Provider is disputed by the Employer, the latter shall, before the due date of payment, give notice thereof with reasons to the C1-25

77 Service Provider, but shall not delay payment of the balance of the invoice. Clause 14.2 shall apply to disputed amounts which are finally determined to be payable to the Service Provider In respect of Services charged for on a time basis and all other reimbursable expenses the Service Provider shall maintain records in support of such charges and expenses for a period of six months after the completion or termination of the Contract. Within this period the Employer may, on not less than 14 days notice, require that a reputable and independent firm of accountants, nominated by him at his expense, audit any claims made by the Service Provider for time charges and expenses by attending during normal working hours at the office where the records are maintained All accounts presented for payment shall be according to the Employers prescribed format Payments due shall be subject to the deduction of retention monies as stated in the Contract Data. The retention monies so deducted shall be released in accordance with the phases and conditions stated in the Contract Data If applicable, Contract Price Adjustment will be paid according to the method stated in the Contract Data. C1-26

78 CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) C1.3 CONTRACT DATA C1.3.1 Contract Data: Information provided by the Employer Clause No Contract Data The Employer of CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) is the consulting engineering firm Goba (Pty) Ltd. The domicilium citandi et executandi (permanent physical business address) of the employer of the above Sub-Contract is: Goba (Pty) Ltd 1 st Floor, Avanti South Cnr Carl Cronje & Bill Bezuidenhout Ave Bellville Cape Town 7530 The authorised and designated representative of the appointed Service Provider is: Name: Mr Gert Loubser 3.4 The address for receipt of communications is: Name: Mr Gert Loubser Telephone: (012) Facsimile: (012) gertl@goba.co.za Address: Goba (Pty) Ltd Goba (Pty) Ltd P O Box 3275 OR 1 st Floor, Avanti South Durbanville Cnr Carl Cronje & Bill Bezuidenhout Ave. Western Cape Bellville, Cape Town, C1-27

79 3.5 The project is: CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) The location for the project is in the province of the Northern Cape. 3.6 The Service Provider may only release public or media statements or publish material related to the Employer subject to the approval of the Employer The penalty payable (per delay incident) is R per day or part thereof up to a maximum of R20, should the Contractor be delayed as a result of the late production of the laboratory test results The project programme shall be submitted within 14 days of the award of the Contract. 5.1 The Service Provider is required to provide the Service with all reasonable care, diligence and skill in accordance with generally accepted professional techniques and standards. 5.4 Public Liability (to the value of R ), Professional Indemnity (to the value of R ) and SASRIA (General Contractor s all risk) insurances are required. The Service Provider shall indemnify the Employer and the South African National Roads Agency Limited (SANRAL) against all losses and claims which may arise from or in consequence of incorrect or sub-standard execution and completion of the project work, and against all claims, demands, lawsuits, damages, costs, including attorney and client costs, charges and expenses whatsoever in respect thereof or pertained thereto. The Service Provider shall, within fourteen days of the date of appointment, deliver to the Employer a signed Mandatory Form, as envisaged by Section 37(2) of the Occupational Health and Safety Act, which shall be in the format provided by the Employer together with the notification of the appointment 5.9 The provision of a Performance Guarantee will not be required under this Contract. 8.1 The time to commence the performance of the Services is within 7 days after the date that the Contract becomes effective. 8.2 The Contract is concluded on the date when the Service Provider has completed all final deliverables in accordance with the Scope of Work. 9.1 Copyright of documents prepared for the Project shall be vested with the Employer. 12. Interim settlement of disputes is to be by mediation Final settlement is by litigation. In the event that the parties fail to agree on a mediator, the mediator is to be nominated by the President of the South African Institution of Civil Engineering. 13. The Service Provider shall, in respect of the Sub-contracted Services, accept the same responsibilities, obligations and liabilities towards the Employer as the Employer accepts towards the Client (SANRAL). The Service Provider shall indemnify the Employer and the Client (SANRAL) against each and every liability which the Employer or the Client (SANRAL) may incur to any other person whatsoever and against the adverse effects of all claims, including claims by third parties, to the extent that the same may arise as a result of the Service Provider s breach of its obligations, delict, warranty or otherwise. The Sub Service Provider shall maintain the necessary insurance to cover its obligations and liabilities under this Agreement 13.4 Neither the Employer nor its Agent is liable for any loss or damage resulting from any occurrence unless a claim is formally made within 36 months from the date of termination C1-28

80 or completion of the Contract Retention monies shall not be applicable 14.7 Contract Price Adjustment: refer to pricing instructions in clause C2.1.6 of the pricing schedule. Base date shall be the date 28 days prior to the latest date for submission of tenders will be applicable. C1-29

81 C1.3.3 Contract Data: The following Information shall be provided by the Tenderer The Service Provider is... Address:... Telephone:... Facsimile: The authorised and designated representative of the Service Provider is: Name:... The address for receipt of communications is: Telephone:.... Facsimile: Address:.... C1-30

82 C1.4 OTHER STANDARD FORMS C1.4.1 FORM OF GUARANTEE Note to tenderer: This proforma guarantee is included for information purposes only. Where required in terms of the Contract, a separate form of Guarantee will be issued to the successful tenderer for completion and signature TO: CONTRACT 1. I/We, the undersigned,.and. in our capacity as and. and as such duly authorised to represent (hereinafter referred to as the Guarantor )(in the case of a company a Resolution to be attached) do hereby hold at your disposal the amount of...(r ) (the guaranteed amount ) for the due fulfilment by (insert the name of Service Provider) (hereinafter referred to as the Service Provider ) of its obligations to (hereinafter referred to as ) in terms of the above stated contract between the Service Provider and. 2. We hereby renounce the benefits of the exceptions non numeratae pecuniae, non causa debiti, excussionis and divisionis, the meanings and effect whereof we declare ourselves to be fully conversant. 3. We undertake and agree to pay to SANRAL the said guaranteed amount or such portion as may be demanded on receipt of a written demand from SANRAL, which demand may be made by SANRAL, if in your opinion and at your sole discretion, the said Service Provider fails and/or neglects to commence the work as prescribed in the contract or if he fails and/or neglects to proceed therewith or if, for any reason, he fails and/or neglects to complete the services in accordance with the condition of contract, or if he fails or neglects to refund to any amount found to be due and payable to, or if his estate is sequestrated or if he surrenders his estate in terms of the Insolvency Law in force within the Republic of South Africa. 4. Subject to the above and without in anyway detracting from your rights to adopt any of the procedures set out in the contract, the said demand can be made by you at any stage. 5. The said guaranteed amount or such portion as may be demanded may be retained by on condition that after completion of the service as stipulated in the contract, shall account to the Guarantor showing how this amount has been utilised and refund to the Guarantor any balance due. 6. This guarantee is neither negotiable nor transferable and (a) must be surrendered to us at the time when accounts to the Guarantor in terms of clause 5 above, or (b) shall lapse upon the issue of the Taking-Over Certificate for the construction Works of the project, and (c) shall not be interpreted as extending the Guarantor s liability to anything more than payment of the amount guaranteed. C1-31

83 7. This guarantee shall be governed by South African Law and subject to the jurisdiction of South African Courts. THUS DONE AND SIGNED AT ON THIS DAY OF 20 GUARANTOR.. NAME (IN CAPITALS)..... AS WITNESSES: NAMES (IN CAPITALS) ADDRESSES: C1-32

84 PART C2: PRICING DATA C2-1

85 CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) PART C2: PRICING DATA TABLE OF CONTENTS PAGE C2.1 PRICING INSTRUCTIONS C2-3 C2.2 PRICING SCHEDULE C2-5 C2-2

86 C2.1 PRICING INSTRUCTIONS C2.1.1 For the purposes of this Pricing Schedule, the following words shall have the meanings hereby assigned to them. Unit: Test Ref: Quantity: Rate: Amount: Lump Sum: The Unit of Measurement for each item of work as defined in the standard specifications or the Scope of Works. The standard test method as specified in TMH1 Standard Methods of Testing Road Construction Materials Second Edition This reference has been included for information purposes only. The number of units of work for each item. The payment per unit of work for which the Service Provider Tenders to do the work. The product of the quantity and the rate Tendered for an item. 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. Provisional Sum: An amount allowed for an item and its extent of which is alluded to in the Pricing Schedule, the Scope of Work or elsewhere, but of which the quantity of work is not known. C2.1.2 The quantities set out in the Pricing Schedule are only approximate quantities. The quantities of work finally accepted and certified for payment, and not the quantities given in the Pricing Schedule, will be used to determine payments to the Service Provider. The validity of the Contract shall in no way be affected by differences between the quantities in the Pricing Schedule and the quantities finally certified for payment. Work is valued at the rates or lump sums Tendered. C2.1.3 Rates and lump sums shall include full compensation for overheads, quality assurance ito. ISO 17025, profits, incidentals, tax (other than VAT), etc, and for the completed items of work as specified in the standard specifications and Project Data and for all the risks, obligations and responsibilities specified in the General Conditions of Contract, Particular or Special Conditions of Contract, except in so far as the quantities given in the Pricing Schedule are only approximate. C2.1.4 The Tenderer shall fill in a rate or a lump sum for each item where provision is made for it even where no quantities are given. Items against which no rate or lump sum has been entered in the Tender will not be paid for when the work is executed, as payment for such work will be regarded as being covered by other rates or lump sums in the pricing schedule. The Tenderer shall fill in a rate against all items where the words rate only appears in the amount column. Although no work is foreseen under such item and no quantities are consequently given in the quantity column, the Tendered rate shall apply should work under this item actually be required. Tenders should note the provisions of clause C of this preamble. If the Tenderer should group a number of items together and Tender one lump sum for each group of items, this single Tendered lump sum shall apply to that group of items and not to each individual item, or should he indicate that full compensation for any item has been included in the rate for another item, the rate for the item included in another item shall be deemed to be nil. The Tendered lump sums and rates shall be valid irrespective of any change in the quantities during the execution of the contract. C2.1.5 The short descriptions of the payment items in the Pricing Schedule are only given to identify the items and to provide specific details. Reference shall, inter alia, be made to the Contract Data, General Conditions of Contract and Particular / Special Conditions of Contract for more detailed information regarding the extent of work entailed under each item. C2-3

87 C2.1.6 Whilst prices or rates will not be subject to Contract Price Adjustment, they will be subject to adjustment for escalation as provided for below: The prices or rates shall be fixed for the first 12-month period determined from the Tender base date and no change during this period will be allowed for escalation. On the 12-month anniversary date of the Contract base date the rates or sums shall be adjusted by the twelve-month year on year CPI index (as published in the monthly bulletin PO141.1 of Statistics South Africa for metropolitan and other urban areas) and fixed at this value for the following 12-month period. Subsequent 12-month periods shall be dealt with on the same basis. Adjustment of lump sum prices for escalation shall only be applicable to that portion of the relevant Service which is incomplete at the end of the 12-month anniversary date and shall not be applicable to any progress payments already claimed. Adjustment for escalation shall only be applicable for services or portions thereof, that are still within the prescribed programme and any approved extensions of time. C2.1.7 Interim payments for lump sum payment items may be permitted. Such interim payments shall however be limited to proven progress achieved for that particular service deliverable. The sum of any progress payments made under a particular lump sum payment item shall be deducted prior to calculating any adjustments for escalation as described in clause C2.1.6 above. C2.1.8 Provisional Sums: Each Provisional Sum shall only be used, in whole or in part, in accordance with the Employer s instructions and the Contract Price shall be adjusted accordingly. The total sum paid to the Service Provider shall include only such amounts, for the work, supplies or services to which the Provisional Sum relates, as the Employer shall have instructed. For each Provisional Sum, the Employer may instruct plant, materials or services to be procured by the Service Provider in accordance with the Employer s policies, and for which there shall be included in the Contract Price: - The actual amounts paid (or due to be paid) by the Service Provider, and - A sum for compilation and printing of procurement documentation, quotation/tender process and evaluation, and all overhead charges and profit, calculated as a percentage of these actual amounts by applying the relevant percentage rate Tendered in the Pricing Schedule. The Service Provider shall produce all quotations, invoices, vouchers and accounts or receipts in substantiation of any claim under a Provisional Sum. C Arithmetical errors, omissions and discrepancies refer to clause F3.9 in the Conditions of Tender. C A Tender may be deemed unresponsive if the unit rates or lump sums for some of the items in the Pricing Schedule are, in the opinion of the Employer, unreasonable or out of proportion, and if the Tenderer fails, within a period of seven (7) days of having been notified in writing by the Employer to adjust the unit rates or lump sums for such items, to make such adjustments. C All rates and sums of money quoted in the Pricing Schedule shall be in South African Rand and whole cents C The item numbers appearing in the Pricing Schedule refer to the corresponding item numbers in the Scope of Work. C2-4

88 CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) C2.2 PRICING SCHEDULE ITEM NO. DESCRIPTION UNIT QUAN- TITY RATE AMOUNT C1.1 Laboratory Type: a) Complete asphalt laboratory: i) Establishment (including supply of equipment) Lump Sum Rate Only - ii) Operation Month Rate Only - b) Complete soil laboratory: i) Establishment (including supply of equipment) Lump Sum ii) Operation Month 10 c) Complete seal laboratory i) Establishment (including supply of equipment) Lump Sum ii) Operation Month C1.2 Major Laboratory Equipment: a) Mechanical compactors (Mod. AASHTO) (complete) i) Establishment (including supply of equipment) Lump Sum ii) Operation Month 40 b) Crusher (Large) i) Establishment (including supply of equipment) Lump Sum ii) Operation Month 10 c) CBR / UCS / ITS Press i) Establishment (including supply of equipment) Lump Sum ii) Operation Month 20 d) Nuclear Gauge : CPN / Troxler (complete) i) Establishment (including supply of equipment) Lump Sum ii) Operation Month 20 e) 20mm Concrete drill with Generator i) Establishment (including supply of equipment) Lump Sum ii) Operation Month C2-5

89 ITEM NO. DESCRIPTION UNIT QUAN- TITY RATE AMOUNT f) Bitumen Penetrometer (Electronic): i) Establishment (including supply of equipment) Lump Sum ii) Operation Month 10 g) Brookfield Viscometer: i) Establishment (including supply of equipment) Lump Sum ii) Operation Month 10 h) Automatic titrator i) Establishment (including supply of equipment) Lump Sum ii) Operation Month 10 i) Centrifuge (S.M.M) i) Establishment (including supply of equipment) Lump Sum ii) Operation Month 10 j) Compactor Marshall (mechanical) i) Establishment (including supply of equipment) Lump Sum ii) Operation Month 10 k) Core drilling machine i) Establishment (including supply of equipment) Lump Sum ii) Operation Month 10 l) Marshall press (complete) i) Establishment (including supply of equipment) Lump Sum ii) Operation Month 10 m) Rolling Straight Edge i) Establishment (including supply of equipment) Lump Sum ii) Operation Month C1.3 Computers, printers and software: i) Establishment (including supply of equipment) Lump Sum ii) Operation Month 10 1 C1.4 Laboratory Administration and Consumables month 10 C1.5 Supply of Site Laboratory Personnel: a) Laboratory Manager (1 person) i) Establishment No 1 ii) Operation 1 10 b) Field/Sampling Technicians (also for densities) (2 persons) i) Establishment No 2 C2-6

90 ITEM NO. DESCRIPTION UNIT QUAN- TITY RATE AMOUNT ii) Operation c) Senior Materials Testers (4 persons) i) Establishment No 4 ii) Operation d) Materials Testers (4 persons) i) Establishment No 6 ii) Operation e) Assistant Materials Testers (Labourer) (4 persons) i) Establishment No 6 ii) Operation Manmonth Manmonth Manmonth Manmonth C1.6 Extra over item C1.5 for overtime payments to laboratory personnel: a) Laboratory Manager hr 1500 b) Field/Sampling Technicians hr 1500 c) Senior Materials Testers hr 2500 d) Materials Testers hr 3600 e) Assistant Materials Testers (Labourer) hr 3600 C1.7 Quality Assurance Audits of the Site Laboratory: a) External inspections/audits b) Internal inspections/audits by SANAS accredited parent laboratory Prov. Sum No C1.8 Provision of transport for retrieving samples and all associated field work (1800 LDV including driver if required): a) Provisional of LDV i) LDV 1 month 10 ii) LDV 2 month 10 b) Travelling costs km C1.9 Accommodation for laboratory manager (excluding laboratory personnel): a) Provisional sum for accommodation Prov. Sum b) Handling costs in respect of item C1.9 (a) % C1.10 Off-site testing (specialist tests) a) Off-site materials testing by an external SANAS accredited laboratory Prov. Sum b) Handling costs in respect of item C1.10 (a) % C2-7

91 ITEM NO. DESCRIPTION UNIT QUAN- TITY RATE AMOUNT SUBTOTAL VALUE ADDED TAX (14%) TENDER SUM (INCLUDING 14% VAT) CARRIED TO FORM OF OFFER (C1.1.1) C2-8

92 PART C3: SCOPE OF WORK C3-1

93 CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) PART C3: SCOPE OF WORK CONTENTS PAGE C1 SCOPE... C3-3 C2 SITE LABORATORY... C3-3 C3 LABORATORY PERSONNEL... C3-3 C4 STANDARD OF TESTING... C3-3 C5 INSPECTIONS / AUDITS... C3-4 C6 ING OF ROAD CONSTRUCTION MATERIALS... C3-4 C7 NORMAL TIME AND OVERTIME... C3-4 C8 SAMPLING AND FIELDWORK... C3-5 C9 REPORTING OF RESULTS... C3-5 C10 ACCOMMODATION FOR LABORATORY PERSONNEL... C3-5 C11 ESCALATION... C3-5 C12 MEASUREMENT AND PAYMENT... C3-5 C3-2

94 PART C: SPECIFICATIONS C1. SCOPE This section covers the requirements for the provision and quality management of a site laboratory established to carry out the necessary materials testing and construction quality control of the Works. C2. SITE LABORATORY Provision for the erection of a site laboratory building, together with workbenches, services, furniture etc. will be made under the Works Contract (i.e. not to be priced by the laboratory Service Provider). The laboratory equipment envisaged for this project includes for Asphalt, Concrete, Soil and Seal laboratory equipment (refer to Annexure C for details of standard accessories). All equipment required for these laboratory operations are to be priced and included in the schedule of quantities, including provision for the establishment and operation of the equipment by qualified and approved laboratory personnel for the duration of the contract in terms of the standard test methods. Any deviations from the full Quality Assurance Management system as approved under the parent laboratory s SANAS accreditation shall only be allowed if approved in writing by the employer. Specialised testing may also be carried out at an accredited off-site testing facility. Payment for specialised testing not deemed routine will be made under Item C1.10. C3. LABORATORY PERSONNEL The Service Provider shall provide sufficient competent and experienced laboratory staff in order to carry out the required quality control testing of the Works contract. Provision has been made in the Pricing Schedule for various levels of materials testers that may be required. The level and actual number of testers shall be appropriate to the scope of the works and the Works contractor s production rates. An experienced Laboratory Manager will be required for the full duration of the contract from approximately 22 June 2012 to 30th April 2013 as well as experienced Field Technicians, Senior Materials Testers, Material Testers and Assistant Material Testers. Since this laboratory will operate as a combined site laboratory, any additional staff not included in the Schedule of Quantities may be provided by the Contractor. The Laboratory Manager will however take full control of all laboratory staff, under the direction the Engineer. C4. STANDARD OF TESTING The Service Provider shall equip, staff and administer a site laboratory to undertake the relevant acceptance control testing in accordance with specified requirements of the Works Contract as well as the Employer's standard requirements. As the scope of the Works may not be finalized, more than one laboratory type or major equipment type may be included in the Pricing Schedule. Payment shall however only apply to the specific laboratory types and major equipment type necessary for the specific work. The site laboratory shall operate under the umbrella of a SANAS accredited main laboratory that shall be responsible for ensuring that all sampling and testing is carried out accurately and strictly in accordance with the relevant SANS, TMH1 and COLTO Standard Specifications test methods as well as the SANAS accreditation requirements. C3-3

95 C5. INSPECTIONS / AUDITS The Employer reserves the right to inspect the Testing Firm s equipment and compliance with the approved methods and specifications at any time, and to reject equipment not complying with the relevant specification. The Employer reserves the right to request an ad hoc SANAS technical assessment of the laboratory at any time during the Contract. These ad hoc technical assessments shall be paid for under Item C1.7 if no major nonconformances are found during the assessment. In the event that major nonconformances are found, the SANAS technical assessment shall be paid for solely by the Testing Firm. C6. TESTING OF ROAD CONSTRUCTION MATERIALS All testing of samples shall be carried out in accordance with the standard procedure prescribed by the following, in order of preference or as requested by the Employer. Methods in road construction project documentation. Standard Methods of Testing Road Construction Materials published by the National Institute for Transport and Road Research as part of the series Technical Methods for Highways (abbreviation: TMH ) and addendum. These include TMH 1, 5 and 6. South African Bureau of Standards, Test Methods, codes and practice (abbreviation: S.A.B.S.) British Standards Institute Specifications (abbreviation: B.S.) American Society for Testing and Materials (abbreviation: ASTM) American Association of State Highway and Transportation Officials (abbreviation: AASHTO) Technical Guidelines: The use of Modified Bituminous Binders in Road Construction (TG1- November 2007) Interim Guidelines: The design and use of foamed bitumen treated materials (Asphalt Academy TG2- May 2009) SABITA Manuals Standard test methods as described in Section 8100 of the Standard Specifications for the Road and Bridge Works for State Road Authorities (1998), issued by COLTO Other methods as supplied by the Employer or Agency In all cases the latest amendment or revision current when a test is requested should be used when reference is made to one of the above standard methods in the specification. The method and revision shall be reflected on the test results. All UCS, ITS, MDD/OMC specimens shall be compacted by means of mechanical compactors on a continuous basis as required. C7. NORMAL TIME AND OVERTIME The Testing firm shall so program it s work so that all testing is done during normal working time which, for the purpose of this Contract shall be taken between 07h00 and 17h00 from Mondays to Fridays as well as Saturdays as required by the Contractor s programme. C3-4

96 C8. SAMPLING AND FIELDWORK The Laboratory shall be required to retrieve samples on site and transport them to the site laboratory for testing as well as all fieldwork required. The rates tendered herein shall apply to the transport of these samples. C9. REPORTING OF RESULTS All reports and results shall also be submitted in electronic format in either Microsoft Word or Excel. C10. ACCOMMODATION FOR LABORATORY PERSONNEL The accommodation of the site laboratory personnel (excluding the Laboratory Manager) shall be provided through the Works contract. The Service Provider shall be responsible for all arrangements pertaining to the accommodation of the laboratory manager. C11. ESCALATION Prices or rates will be subject to adjustment for escalation as provided for below: The prices or rates shall be fixed for the first 12-month period determined from the tender base date and no change during this period will be allowed for escalation. On the 12-month anniversary date of the Contract base date the rates or sums shall be adjusted by the twelve-month year on year CPI index (as published in the monthly bulletin PO141. of Statistics South Africa for metropolitan and other urban areas under table 1.2 for all expenditure groups) and fixed at this value for the following 12-month period. Subsequent 12-month periods shall be dealt with on the same basis. Adjustment of lump sum prices for escalation shall only be applicable to that portion of the relevant Service which is incomplete at the end of the 12-month anniversary date and shall not be applicable to any progress payments already claimed. Adjustment for escalation shall only be applicable for services or portions thereof, that are still within the prescribed programme and any approved extensions of time. C12. MEASUREMENT AND PAYMENT All the work shall be measured in the Item no s, units and rates as described in the relevant Schedule of Quantities. Only the actual quantities of work done as requested by the Employer or his authorised representative will be measured for payment and the rates shall apply irrespective of the margin in which the actual quantities differ from those scheduled. C3-5

97 Item Unit C1.1 Laboratory Type: a) Complete asphalt laboratory: i) Establishment (including supply of equipment)... Lump Sum ii) Operation... month b) Complete chemical laboratory: i) Establishment (including supply of equipment)... Lump Sum ii) Operation... month c) Complete concrete laboratory: i) Establishment (including supply of equipment)... Lump Sum ii) Operation... month d) Complete soil laboratory: i) Establishment (including supply of equipment)... Lump Sum ii) Operation... month e) Complete seal laboratory: i) Establishment (including supply of equipment)... Lump Sum ii) Operation... month The standard list of equipment envisaged for each laboratory type, as well as the relevant quantities of each, is listed in Annexure C. Time related payment items (per month or pro rata for parts of a month) shall only be applicable once the equipment has been established on site and shall be no earlier than 14 days prior to the Contractor s programmed commencement date for the relevant construction operations and shall cease on completion of the specific operations. The rate tendered for the establishment and operation of each laboratory type shall include the costs associated with operating the site laboratory under the accredited parent laboratory s full Quality Assurance Management system as approved under the parent laboratory s SANAS accreditation. The costs for producing a monthly materials report in the latest format specified prescribed by SANRAL, shall be included in the rate tendered. Included in this report shall be monthly Equivalent Indicator Unit (EIU) returns, which shall form the basis of the regular staffing level review. The rate tendered under this specific item/s shall also include for all costs as follows: All costs associated with loading, transporting and setting up the equipment on site Testing and calibration of equipment as specified in the relevant test methods and in accordance with the SANAS certification requirements Intermediate calibration as specified in the relevant test methods and SANAS certification requirements Removal of equipment from site on completion of the Works C3-6

98 Item Unit C1.2 Major Laboratory Equipment (specify type): i) Establishment (including supply of equipment)... Lump Sum ii) Operation... month Payment for laboratory equipment shall only be applicable to that laboratory equipment necessary and approved by the Employer prior to establishment on site. Time related payment items (per month or pro rata for parts of a month) shall only be applicable once the equipment has been established on site and shall be no earlier than 14 days prior to the Contractor s programmed commencement date for the relevant construction operations and shall cease on completion of the specific operations. The rate tendered under this specific item/s shall include for all costs as follows: All costs associated with loading, transporting and setting up the equipment on site Testing and calibration of equipment as specified in the relevant test methods and in accordance with the SANAS certification requirements Intermediate calibration as specified in the relevant test methods and SANAS certification requirements Removal of equipment from site on completion of the Works Item Unit C1.3 Computers, printers and software a) Establishment (including supply of equipment)... Lump Sum b) Operation... month The rate tendered for computers, printers and software shall be the rate per calendar month (pro rata for part of a month) and shall include full compensation for supplying and maintaining all necessary computer hardware, software, printers and modems (inclusive of data charges) and associated consumables required for the generation and reporting of test results. Item Unit C1.4 Laboratory Administration and Consumables... month The unit of measurement shall be the rate per calendar month (pro rata for part of a month). The rate tendered for laboratory administration and consumables shall include full compensation for supplying and maintaining all office equipment and incidentals required for carrying out quality assurance testing and reporting including: Routine quality assurance including correlation testing at least on a monthly basis for high frequency testing, with the number of any particular tests being sufficient in number in order to permit statistical evaluation of test results. The provision for correlation testing shall include for all costs including: - Assessment personnel - Transport of samples - Accommodation and subsistence - Correlation testing in main laboratory Compilation of monthly materials reports Cell phones, including rental and call charges C3-7

99 All safety equipment for laboratory personnel in accordance with the OH&S requirements (e.g. safety jackets, orange lights, boots, etc.). All laboratory office consumables, stationary etc. Digital camera Any other items necessary for the capture of all relevant data required for reporting to the Engineer and the compilation of As-Built Materials Records. Item Unit C1.5 Supply of Site Laboratory Personnel (specify type): i) Establishment... Lump Sum ii) Operation... month Payment for laboratory personnel shall only be applicable to those personnel necessary and approved by the Employer prior to establishment on site. Time related payment items (per month or pro rata for parts of a month) shall only be applicable once the personnel has been established on site and shall be no earlier than 14 days prior to the Contractor s programmed commencement date for the relevant construction operations and shall cease on completion of the specific operations. The rates tendered under sub item (i) shall include full compensation for all costs related to establishing the individual personnel as listed in the Pricing Schedule on site and their removal after completion of the Works, and shall include all travelling costs, furniture removal costs if required, etc. No additional payment will be made for the de-establishment of personnel. Any replacement of staff members during the project for whatever reason shall not be eligible for additional payment of establishment. The rate tendered under sub item (ii) shall include for all costs as follows: Salary Any additional allowances Bonuses Leave and sick leave taken during and outside of the standard industry shutdown period All company contributions such as provident fund, group life benefits, medical aid etc. Taxes and levies Handling costs and profit Item Unit C1.6 Extra over item C1.5 for overtime payments to laboratory personnel: (a) Field (sampling) technician...hour (hr) (b) Senior materials tester...hour (hr) (c) Materials tester...hour (hr) (d) Assistant Materials tester...hour (hr) C3-8

100 The unit of measurement under this pay item shall be the hour of overtime worked by the relevant hourly paid personnel. Extra payment to the Service Provider in respect of overtime shall only be done in cases in which the personnel qualify and are paid for overtime worked in accordance with the basic Conditions of Employment Act. In all such cases the Service Provider will be required to prove that his personnel are in fact receiving overtime pay. Joint approval of overtime shall be by the Laboratory Manager and the Engineer. Time sheets for all staff shall be included in the monthly certificate submitted to the Employer for payment. Item Unit C1.7 Quality Assurance Audits of the Site Laboratory: (a) External inspections/audits... Provisional Sum (b) Internal inspections/audits by SANAS accredited parent laboratory... No Expenditure under sub item (a) shall be for external inspections and audits carried out by a SANAS accredited organisation on the site laboratory, on the instruction of the Engineer. Expenditure under sub item (b) shall be for monthly audits performed by the SANAS accredited parent laboratory on the site laboratory and shall include for the provision of audit reports to the Engineer. The requirement in SANRAL s M2 manual with regards the frequency and intensity of the internal audits shall be adhered to. Item Unit C1.8 Provision of transport for retrieving samples and all associated field work (1800 LDV including driver if required) (a) Provisional of LDV... Month (b) Travelling costs... kilometre (km) Expenditure under this item shall be made only if the Service Provider is instructed to provide such services. The tendered rate under subitem C1.8 (a) shall be a hire charge and shall include full compensation for the supply of a LDV with loading capacity of 1 ton and a minimum engine size of 1800 cc. The rate shall include full compensation for the procurement, maintenance, licensing, insurance and all other costs related to the supply of the vehicle. In cases where the laboratory field (sampling) technician does not possess a valid drivers licence, the tendered rate above shall be deemed to included provision for a separate licenced driver. The unit of measurement for item C1.8 (b) shall be the kilometre distance travelled while in use by the laboratory. The tendered rate for item C1.8 (b) shall include full compensation for the cost of maintenance, depreciation, fuel and running costs of the vehicle. Travel for the purposes of establishment, personnel on site and weekend home trips etc shall not be measured for payment. The kilometres claimed shall be recorded in a log book and signed off by the Engineer. C3-9

101 Item Unit C1.9 Accommodation for laboratory manager (excluding laboratory personnel) (a) Provisional sum for accommodation... Provisional Sum (b) Handling costs in respect of item C1.9 (a)... Percentage (%) Expenditure under this item shall be for rented or other appropriate accommodation (including all basic services connected with such accommodation) approved by the Engineer. The Service Provider shall be directly responsible for entering into any agreements/leases for such accommodation. The % tendered in sub item (b) shall include full compensation for costs associated with locating suitable accommodation, rental negotiations and entering into lease agreements. Item Unit C1.10 Off-site testing (specialist tests) (a) Off-site materials testing by an external SANAS accredited laboratory... Provisional Sum (Prov. Sum) (b) Handling costs in respect of item C1.10 (a)... Percentage (%) Expenditure under this pay item shall be for all laboratory testing of materials carried out off-site by an external sub-service provider on the instruction of the Engineer. The Engineer shall specify which facility shall be used. The % tendered shall include full compensation for costs associated with: producing a schedule of all testing envisaged compiling a quotation/tender document evaluation of quotations/tenders received procurement of sub-service provider on approval by the Employer C3-10

102 PART C4: SITE INFORMATION C4-1

103 CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) PART C4: SITE INFORMATION CONTENTS PAGE C4.1. DESCRIPTION OF THE WORKS C4-3 ANNEXURE A LIST OF TESTS FROM SANRAL S M2 MANUAL (APPENDIX R) FOR WHICH A COMMERCIAL LAB SHOULD BE ACCREDITED 6 ANNEXURE B LOCALITY PLAN 10 ANNEXURE C LABORATORY EQUIPMENT REQUIRED 12 ANNEXURE D APPENDIX H: TESTING TIMES SCHEDULES 20 C4-2

104 CONTRACT NRA N /2C/SL SUB-CONTRACT FOR SITE MATERIALS LABORATORY SERVICES FOR THE PERIODIC MAINTENANCE (REPAIR AND RESEAL) ON NATIONAL ROUTE 14 SECTION 1 BETWEEN SPRINGBOK (KM 0.34) AND WITPUTS (KM 80.72) INFORMATION ONLY All data and descriptions contained in this section of the contract documents are given for information purposes only and cannot be interpreted as being prescriptive despite the fact that the text may give the opposite perspective. If any conflict arises between the content of this section and other sections of the contract documents, the latter take precedence. C4.1 DESCRIPTION OF THE WORKS The project is located in the Northern Cape Province in the Namakwa District Municipality and starts at km 0.00 just outside the town of Springbok and continues in an easterly direction where it ends at km There are no major bridges or interchanges but a number of intersections and accesses are located along the road, mostly farm accesses with a few service entries. The intersecting roads along the route are summarised below: Summary of Major Intersecting Roads and Accesses. Location (km) Left Description Right 6,29 Carolusberg 9,41 Concordia Carolusberg Recommendation Upgrade to include sheltered right turn lane and tapers (to one side) DWG No TD-R-JI-001-V1) Upgrade to include sheltered right turn lane and tapers (to both sides) DWG No TD-R-JI-002-V1) 25,67 Kaip No upgrading 46,71 Varsput Kangas No upgrading 80,65 Witputs No upgrading. C4.1.1 The existing cross-section of the N14 Section 1 comprises mainly two 3.4m wide traffic lanes, two 1.5m wide surfaced shoulders and 0.6m roundings on the outside of the surfaced shoulders, thus a formation width of 11.0m. ROADWORKS The road was tested and analysed in uniform sections, but was found to be sufficiently uniform to apply the same treatment for the whole 80 km section. Repairs will consist of base patches, crack sealing and rut filling. Pre-treatment for the surfacing will include a diluted emulsion and a texture slurry. The surfacing will be a 13/6.7 double stone seal, which will be applied over the total length of road. A summary of the repair and surfacing works is given below: Summary of repair and surfacing Works. Road Section Km Repairs and Pre-treatment Patching, crack sealing, rut filling, diluted emulsion, texture slurry. Description Surfacing 13.2/6.7 stone seal C4-3

105 Base patching Large base patches will be done by reconstructing the existing upper 150mm layer and stabilising the material with bitumen emulsion and or cement or cement/slagment. A temporary 6.7mm chocked seal using a modified emulsion or 80/100 penetration grade bitumen will be constructed before opening to traffic. Smaller base/subbase patches will be constructed using either excavated or imported material and will be stabilised with combinations of bitumen, cement and slabment.patches exceeding 5m2 in area will be constructed with a mechanical paver. Stone seal The stone seal will consist of a 13,2/6,7 mm double seal. The tack coat will be a bitumen rubber S- R1 and the penetration coat a SC-E1 or SC-E2 cold applied modified binder. A fog spray will be applied using SC-E1 modified emulsion. Diluted emulsion On the sections where the stone seal will be applied and where the existing surfacing is considered to be dry, a 30% diluted emulsion will be applied as a preparation for the texture slurry before patching is done. Texture slurry A texture slurry will be applied to remove texture irregularities, where required, to ensure a uniform surface for the stone seal. The texture slurry will be applied by hand in such a way that it only fills the voids in the seal, without forming a film of slurry on top of the existing seal. Crack Sealing Crack sealing will be done after patching has been completed and will consist of hot applied modified binder crack sealant (C-E1), which will be applied after cracks have been cleaned with cold compressed air. Wide open cracks will be sealed with geotextile strips. Rut-filling Rut-filling will be done with bitumen emulsion modified with SBR latex (AC-E2 modified emulsion) (Colrut). The rut-filling mixture will be made with coarse graded aggregate which will be adapted to the rut depth. The rut-filling will be applied with a purpose-designed machine and augured rut-filling box. Intersections The following two intersections will be upgraded to include sheltered right turn lanes and tapers: - Intersection of Carolusberg road at km Intersection of Concordia/Carolusberg road at km Road furniture Road furniture will be provided and erected at four rest areas. Road markings Road markings and road studs will be replaced after completion of the surfacing.. C4-4

106 C4.1.2 EXISTING PAVEMENT The following is a summary of the existing pavement structure from the as-built records: Summary of Existing Pavement from as-built records Section Surfacing Km mm Single Seal Km mm Single Seal/ 19.0mm Single Seal Km mm Single Seal/ 19.0mm Single Seal Km mm Single Seal/ 19.0mm Single Seal Km mm Single Seal/ 19.0mm Single Seal Base 200 G1 150 G1 150 G1 150 G1 200 G1 Subbase 150 G5 150 G5 150 G6 150 G5 150 G5 Selected 150 G7 150 G7 150 G7 150 G7 150 G7 The existing pavement structure was also investigated by means of various tests including test pits and laboratory testing. The pavement structures described above were largely confirmed, but the crushed stone base layer materials in general did not meet the grading requirements of a G1 material by generally a small margin. The subbase materials varied between G5 and G7 quality. C4.1.3 STRUCTURAL WORKS (a) Culverts and drains Culvert joints will be sealed from inside the culverts with an appropriate joint sealant. C4.1.4 MAINTENANCE WORKS Maintenance of the works during construction and defects notification periods. The contractor s responsibility for maintenance shall be restricted to the surfaced road widths within the limits of this contract, including the surfaced road widths cross roads within the road reserve. Generally this maintenance work will entail emergency patching, road markings, etc. The details of the Routine Road Maintenance Contractor responsible for the remainder of the road is as follows: Route Manager: Ms Bernice Cloete of THM Consulting Engineers Cell: Contractor: Mr Johan Haasbroek of Penny-Farthing Cell: C4-5

107 ANNEXURE A List of tests from SANRAL s M2 manual (Appendix R) for which a commercial lab should be accredited C4-6

108 1 Sampling from Sampling Pit in Natural Gravel, Soil & Sand TMH5 MA2 2 Sampling from Stockpiles TMH5 MB1 3 Sampling from Conveyor Belts TMH5 MB2 4 Sampling of Bituminous Binders TMH5 MB4 5 Sampling of Previously Blended (ready mixed) Asphalt TMH5 MB7 6 Sampling of Slurry Mixtures TMH5 MB8 7 Sampling of Freshly Mixed Concrete TMH5 MB9 TMH5 MB10 8 Sampling of Treated Pavement Layers OR SANS 3001 GR52 9 Sampling of Road Pavement Layers TMH5 MC1 10 Sampling of Asphalt or Concrete from completed layer or structure TMH5 MC2 11 Division of a Sample Using the Riffler TMH5 MD1 12 Division of a Sample by Quartering TMH5 MD2 13 Sampling of Modified Binders TG1-MB1 14 Sample Preparation TG1-MB2 TMH1 A 1(a) 15 Particle Size Distribution with Wet Preparation OR SANS 3001 GR1 16 Percentage of Fines which Passing through a mm Sieve 17 Atterberg Limits: Liquid Limit 18 Atterberg Limits: Plastic Limit and Plasticity Index 19 Atterberg Limits: Linear shrinkage 20 Maximum Dry Density and Optimum Moisture Content (Mod AASHTO) 21 California Bearing Ratio (CBR) Untreated TMH1 A5 TMH1 A2 OR SANS 3001 GR10 TMH1 A3 OR SANS 3001 GR11 TMH1 A4 OR SANS 3001 GR12 TMH1 A7 OR SANS 3001 GR30 TMH1 A8 OR SANS 3001 GR40 22 Relative Density of Soil TMH 1 A12T TMH1 A14 AND TMH 1 A13T Unconfined Compressive Strength (UCS) of Stabilised OR 23 Material AND Rapid Curing of Stabilised Material SANS 3001 AND TMH 1 A13T GR53 24 Stabiliser Content by Back Titration TMH1 A15 (d) TMH1 A16T 25 Indirect Tensile Strength (ITS) of Stabilized Material OR SANS 3001 GR54 C4-7

109 TMH1 A17 26 Moisture Contents of Materials OR SANS 3001 GR20 27 Wet - Dry Durability on Stabilized Material SANRAL method 28 Testing procedure for measuring foamed bitumen characteristics TG2-A1 29 Procedure for the making of specimens for the determination of the unconfined compressive strength (UCS) and indirect tensile strength (ITS) of foamed bitumen treated materials TG2-A The determination of the unconfined compressive strength (UCS) of foamed bitumen treated materials The determination of the indirect tensile strength (ITS) of foamed bitumen treated materials The determination of the Tensile Strength Retained (TSR) of foamed bitumen treated materials TG2-A3 TG2-A4 TG2-A5 33 Aggregate Crushing Value (Wet& Dry ACV) TMH1 B % Fines Aggregate Crushing Value (10% FACT) TMH1 B2 TMH1 B3 35 Flakiness Index of Coarse Aggregate OR SANS 3001 AG4 TMH1 B4 36 Sieve Analysis of Aggregate OR SANS 3001 AG1 37 Organic Impurities in Fine Aggregate TMH1 B6 38 Bulk Density of Coarse and Fine Aggregates TMH1 B Dry Bulk Density, Apparent Relative Density (ARD) and Water Absorption mm Aggregate Dry Bulk Density, Apparent Relative Density (ARD) and Water Absorption mm Aggregate Average Smallest Dimension (ALD) of Aggregate (direct method) TMH1 B14 TMH1 B15 TMH1 B18(a) OR SANS 3001 AG2 42 Sand Equivalent of Aggregate TMH1 B19 43 Penetration of Bituminous Materials TMH1 E1 44 Rolling Thin Film Oven Test TG1-MB3 45 Determining the Elastic Recovery TG1 MB4 46 Storage Stability (Ring& Ball Difference) TG1-MB6 47 Ball Penetration and Resilience TG1-MB10 48 Determining the Compression Recovery TG1-MB11 49 Determining the Flow Characteristics TG1-MB12 50 Dynamic Viscosity (Rion& Haake) TG1-MB13 51 Particle size distribution and loose fibre content of rubber crumbs TG1-MB14 52 Resilience of Rubber Crumbs TG1-MB15 53 Bulk Density of Rubber Crumbs TG1-MB16 54 Bitumen Rubber Standard Test for Softening Point (Ring & Ball Apparatus) TG1-MB17 C4-8

110 55 Low Temperature Ductility of Polymer Modified Binders TG1-MB19 56 Properties of Recovered Binder Residue TG1-MB20 57 Saybolt Furol 60 C TG1-MB21 58 Modified Binder Content TG1-MB22 59 Dynamic viscosity (Brookfield Viscosity) ASTM D Suitable Binder Content for an Asphalt Mixture (Mix Design) TMH1 C1 61 Marshall Stability and Flow TMH1 C2 62 Bulk Relative Density (BRD) of a Compacted Asphalt and Voids Content TMH1 C3 63 Rice Maximum Theoretical Relative Density of Asphalt TMH1 C4(a) 64 Binder Content of Asphalt Mixture - indirect method TMH1 C7(b) 65 Compressive Strength of Hardened Concrete TMH1 D1 OR SANS 5863 AND SANS OR SABS SM 863 AND SABS Making, Curing and Determining Compression Strength of Small Concrete Cubes Drilling, Preparation and Testing Strength of Cores taken from Hardened Concrete SANS OR SABS SM SABS In-situ Density by Nuclear Methods TMH1 A10(b) C4-9

111 ANNEXURE B Locality Plan C4-10

112 C4-11