c1.1 ecc3 offer & acceptance (c) · part c1 agreements and contract data, (which includes this...

PROCUREMENT DOCUMENT

Zola Dental Clinic Tender 2 WITS: Tender Notice and Invitation to Tender

REQUEST FOR PROPOSAL

(RFP)

REQUEST FOR PROPOSAL (RFP) TITLE:

Construction of a Dental Clinic within Zola Community Health Centre in Zola,

Soweto

UNIVERSITY OF THE

WITWATERSRAND,

JOHANNESBURG

(WITS)

RFI REFERENCE NUMBER - WFOHSRD_1

RFI ISSUE DATE - 29 June 2020; 14h00

RFI CLOSING DATE - 16 July 2020; 23h59

CLOSING DATE TO REGISTER AN INTENT TO BID - 7 July 2020; 23h59

SELECTED MEDIA PLATFORM –

https://www.wits.ac.za/about-wits/tenders/

University’s website

FORM OF CONTRACT NEC4 Engineering and

Construction Contract (ECC4)

ISSUED BY:

CAMPUS PLANNING AND DEVELOPMENT

PO BOX 696, WITS 2050

3 JUBILEE ROAD

PARKTOWN

PREPARED BY:

ECS ASSOCIATES (PTY) LTD

CONTACT: 011 717 9026

CONTACT PERSON: Leah Jiyane

https://www.wits.ac.za/about-wits/tenders/


University of the Witwatersrand, Johannesburg (WITS)

WFOHSRD_1

Construction of a Dental Clinic within Zola Community Health

Centre in Zola, Soweto

Contents

Number Heading

THE TENDER

Part T1: Tendering procedures

T1.1 Tender notice and invitation to tender

T1.2 Tender data

Part T2: Returnable documents

T2.1 List of returnable documents

T2.2 Returnable schedules

THE CONTRACT

Part C1: Agreements and Contract Data

C1.1 Form of offer and acceptance

C1.2 Contract data

Part 1 – Data by the Client

Part 2 – Data by the Contractor

C1.3 Performance bond

Part C2: Pricing data

C2.1 Pricing assumptions

C2.2 Pricing Schedule

Part C3: Scope of work

C3.1 Scope provided by the Client

Part C4: Site Information


Annexures, Schedules and Declarations

No Annexure Description

C2.2 1 Bill of Quantities

C3.1 2 Occupational health and safety specification for

construction works contracts

C3.1 3 Specification for access to and performing works and

services on a Zola Dental Clinic

C3.1 4 Architects and Structural & Civil Engineer Drawing Issue

Register

C3.1 5 COVID Plan Specifications

C3.1 6 OHSA COVID Compliance Checklist

T2.2 7 WITS Electronic Submission Protocol

T2.2 8 Proposal Procedure – SANS Option 1

T2.2 9 Returnable Documents: -

(i) Compulsory Questionnaire

(ii) Preferencing Schedule: Broad Based Black

Economic Empowerment Status (based on

DTI’S generic code of good practice);

(iii) Performance Bond (Template)

(iv) Certificate of Authority for Joint Venture

(v) Annual Financial Statements Declaration

T2.2 10 Evaluation Schedules 1 – Technical Experience

Evaluation Schedule 2, 3 4

T.2.2 11 Tender Assessment Schedule



WFOHSRD_1



T1.1 Tender Notice and Invitation to Tender

(i) Invitation:

The Campus Planning and Development Division (CPD) of the University of the Witwatersrand, Johannesburg, invites

tenders for the construction of the ‘Zola Dental Clinic’, within the Zola Community Health Centre, this in terms of

the NEC 4 Engineering and Construction Contract – Option B, priced contract with Bill of Quantities.

Tenderers must have a CIDB contractor grading designation of 5GB or higher. Only tenderers who have suitable

experience in providing similar construction and renovation works will be eligible to have their submissions

evaluated.

Only tenderers who are Broad Based Black Economic Empowerment Contributors with a B-BBEE status level of 1, 2,

3, 4 or 5 and who undertake to subcontract a minimum of 30% to EMEs or QSEs, which are at least 51% owned by

black people, may respond to this tender notice and invitation / are prequalified to submit tender offers.

Documents MUST BE downloaded from the University’s website https://www.wits.ac.za/about-wits/tenders/.

There will be no Compulsory Clarification Meeting; but questions can be directed To: [email protected]

and Cc: [email protected].

The University reserves its right to award this tender in full, in parts or not at all and call for new tenders in the event

of unsatisfactory reply to this tender invitation.

The deadline for bidders to register an Intention to Bid is 7 July 2020 at 23h59 and must be strictly adhered to.

• The cut-off date for enquiries will be five (5) working days before the closing date of the tender.

Any ambiguities or inconsistencies in the tender document will be clarified and corrected with the successful

contractor prior to the contract signature.

• Only electronic submissions via e-mail will be accepted at the designated email address:

To: [email protected]

Cc: [email protected]

The email submission protocol and terms and conditions (“Electronic Submission Terms”) are included in the tender

documents. By submitting a response, you expressly agree to be bound to the Electronic Submission Terms.

Telegraphic, telephonic, telex, facsimile, physical and late submissions will not be accepted.

Queries relating to this tender issue must be addressed in writing to the:

mailto:[email protected]


To: [email protected]


Tenderers may only be submitted on the tender documentation issued.

(vi) Non – Compulsory Information Session:

A Non-Compulsory Information Session with representatives of the Employer will take place via webinar on 9 July

2020 starting at 10h00 and ending at 12h00.

The information to access the webinar will be communicated with all Tenderers who have submitted an Intent to

Bid. Only two (2) participant log-ins per Tenderer will be allowed. All participants shall be confirmed in the

attendance register prior to the webinar.

(ii) Tender Terminology:

In consideration of SANS, CIDB and NEC4 and respective standard definitions, there is discrepancy in

terminology. To clarify this, Employer and Client will be used interchangeably having reference to University

of the Witwatersrand, Johannesburg (WITS); Similarly, Works Information and/or Scope of Works and Scope

will be used interchangeably.



WFOHSRD_1



T1.2 Tender Data

The conditions of tender are those contained in the latest edition of SANS 10845-3, Construction Procurement – Part 3:

Standard conditions of tender.

SANS 10845-3 makes 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 provisions of

SANS 10845-3.

Each item of data given below is cross-referenced to the clause in SANS 10845-3 to which it mainly applies.

Clause

number Tender Data

3.1 The Employer is the University of the Witwatersrand, Johannesburg, acting through its Campus Planning and

Development Unit.

3.2 The tender documents issued by the Employer comprise the documents listed on the contents page

3.4 The Employer’s agent is:

Leah Jiyane

011 717 9026

[email protected]

3.4 The language for communications is English

3.5.1 In addition, the Employer reserves the right at any time to:

Request further information should the tenderer submit insufficient detail

Contact any tenderer during the evaluation process, in order to clarify any information, without

informing any other tenderer,

Award only a portion of the tender,

Award portions of the tender to more than one contractor,

Withdraw, defer, suspend or reissue the tender in whole or in part at any time,

Share all information and findings with any other higher education entities worldwide, provided such

information has not been marked as confidential, for benchmarking purposes, and,

Audit the awarded contracts from time to time.

3.6 The competitive negotiation procedure shall be applied.

3.6 SANS Option 1 - of the proposal procedure using the two stage-system shall be applied. (Refer Annexure 8)


4.1 Only those tenderers who satisfy the following eligibility criteria and who provide the required evidence in

their tender submissions are eligible to submit tenders and have their tenders evaluated:

1. The tenderer is registered in terms of the Companies Act, 2008 (Act 71 of 2008) or the Close

Corporation Act, 1984 (Act No. 69 of 1984).

2. Tenderers must have a contractor grading designation of 5GB or higher. Only tenderers who have

suitable experience in providing similar works will be eligible to have their submissions evaluated.

3. The tenderer has experience in the construction, renovation, alteration or extension of low rise

buildings (single storey) as a main contractor over the last five years and can provide at least three

contactable references for such projects each having a value in excess of R7 million (Incl. VAT)

completed in the last 3 years.

4. The tenderer is able to provide suitable financial statements for the preceding financial year within

12 months of the financial year end which are in accordance with legislative requirements.

5. The tenderer should be registered for Tax Clearance System (TCS) with the South African Revenue

Services or has made arrangements to meet outstanding tax obligations.

6. The tenderer has a B-BBEE status level 1,2,3,4 or 5 contributors.

The tenderer undertakes to subcontract a minimum of 30% to EMEs or QSEs which are at least 51% owned

by black people.

4.1 Joint ventures are eligible to submit tenders provided that:

1. every member of the joint venture is registered with the CIDB;

2. the lead partner has a contractor grading designation in the 5GB class of construction work.

4.7 There is a non-compulsory clarification meeting, as detailed in T1.1 (ii) [Invitation] above.

4.8 Request clarifications at least 5 (five) working days before the closing time.

4.10 Tenderers are required to state the rates and currencies in South African Rands

4.11 An item against which no rate or price is entered by the Tenderer shall be considered to be covered by

other rates or prices detailed in the tender offer.

4.12 Main tender offers are not required to be submitted together with alternative tenders.


4.13.5

4.15

Only Electronic Submissions allowed:

The Tenderer will be required to submit Electronic proposals in strict accordance with WITS’ Email Tender

Submission Protocol &Terms and Conditions (Annexure 7) outlining the requirements from WITS. The

Tenderer shall:

- Avoid emailing Submissions in the last 60 (sixty) minutes that the Invitation to Tender is open;

- Tenderers must use the following identification format: [Number of Email Sent | Tender

Reference Number | Tender Short Description | Tenderers Company Name] ;

- The University will only accept the following file extensions: .zip - Zip compressed file, .doc and

.docx - Microsoft Word file, .pdf - PDF file, .xls - Microsoft Excel file and .mp4 - MPEG4 video

file;

- The University's server cannot accept emails containing zip files or attachments that exceed

20 MB. If the total size of the submission is in excess of 20 MB, Tenderers must separate the

submission into parts less than 20 MB and note the number of emails sent accordingly.

- Tenderers must ensure that all emails are sent with a read and delivery receipt request from

an Outlook or Gmail server.

- Email Proposal addressed to, with the following details in the covering mail:

Attention: Leah Jiyane

E-Mail Addresses: To: [email protected]


Subject Matter: Tender / Contract No. WFOHSRD_1

Construction of a Dental Clinic within Zola Community

Health Centre in Zola, Soweto

4.13.4 An officer or director of the tenderer who is legally authorised by the tenderer to enter into a binding

agreement must sign the tender offer. WITS may request proof of the authorisation document at any time.

4.15 The closing time for submission of tender offers is as stated in the Tender Notice.

4.16 The tender offer validity period is 12 (twelve) weeks.

4.20 The tenderer is required to submit with his tender a letter of intent from an approved insurer undertaking

to provide the Performance Bond to the format included in under Annexure 9 of this procurement document

4.22 All returnable documents, certificates and schedules must be current and valid and returned with the

tender’s offer submission.

5.1 The Employer will respond to requests for clarification received up to 5 (five) working days before the

tender closing time.

5.2 The employer shall issue addenda until 5 (five) working days before tender closing time.

5.11.1 The financial offer will be reduced to a comparative basis using the Tender Assessment Schedule.


5.11.5 The procedure for the evaluation of responsive tenders is Method 4.

The total number of tender evaluation points (TEV) shall be determined in accordance with the following

formula.

TEV = 0,8 (NFO + NQ) + 0.2 NP

NFO is the number of tender evaluation points awarded for the financial offer made in accordance with

5.11.7 where the score for financial offer is calculated using Formula 2 (option 1) and W1 equals 80

NQ is the number of tender evaluation points awarded for quality offered in accordance with 5.11.9 where

W2 = 100 and equals 20.

NP is the number of tender evaluation points awarded for preferences claimed in accordance with 5.11.8.

Up to 20 tender evaluation points will be awarded to tenderers who complete the preferencing schedule

and who are found to be eligible for the preference claimed.


5.11.9 The quality criteria and maximum score in respect of each of the criteria are as follows:

Quality criteria Sub criteria Maximum

number of

points

Experience of the

contractor in:

Experience in the construction, renovation,

rehabilitation, alteration or extension of low rise

buildings (three to four storeys)

45

Proposed Programme Programme developed in accordance with clause 31.2

of the NEC4 ECC, including statement for each

operation, and associated activity schedule

20

Experience of the Contract

Manager (person

responsible for the day to

day running of the site) for

the project

General experience and qualifications

Knowledge of issues which the tenderer considers

pertinent to the project 20

Experience of the Cost

Controller (person

responsible for interfacing

with the Project Manager

regarding cost) for the

project

General experience and qualifications

Knowledge of issues which the tenderer considers

pertinent to the project 15

Maximum possible score for quality (Ms) 100

Quality shall be scored by not less than three evaluators in accordance with the above criteria and

Evaluation Schedules (Refer Annexure 10 – Evaluation Schedule 1 and Evaluation Schedule 2, 3 and 4)

The minimum number of evaluation points for quality is 70%

Each evaluation criteria will be assessed in terms of five indicators – no response, poor, satisfactory, good

and very good. Scores of 0, 40, 70, 90 or 100 will be allocated to no response, poor, satisfactory, good and

very good, respectively. The scores of each of the evaluators will be averaged, weighted and then totalled

to obtain the final score for quality.

5.11.9 Each evaluation criteria will be assessed in terms of five indicators – no response, poor, satisfactory, good

and very good. Scores of 0, 40, 70, 90 or 100 will be allocated to no response, poor, satisfactory, good and

very good, respectively. The scores of each of the evaluators will be averaged, weighted and then totalled

to obtain the final score for quality.


*5.13 Tender offers will only be accepted if:

a) TAX: Tenderer will issue the Employer with its E-filing pin, to enable WTIS to verity Tax /SARS

compliance online.

b) Company: The tenderer or any of its directors/shareholders 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.

c) Supply Chain Ethics: The tenderer has not:

i) abused the Employer’s Supply Chain Management System; or

ii) failed to perform on any previous contract and has been given a written notice to this effect;

The tenderer is registered on the Central Supplier Database (CSD) for the South African government

(see https://secure.csd.gov.za/ ) unless it is a foreign supplier with no local registered entity.

d) Returnable Documents: The tenderer has completed the Compulsory Declaration and there are no

conflicts of interest which may impact on the tenderer’s ability to perform the contract in the best

interests of the employer or potentially compromise the tender process.

e) Good Standing: The tenderer is registered and in good standing with the compensation fund or with

a licensed compensation insurer;

f) OSH Act: The Employer is reasonably satisfied that the tenderer has in terms of the Construction

Regulations, 2003, issued in terms of the Occupational Health and Safety Act, 1993, the necessary

competencies and resources to carry out the work safely.

g) Insurance: the tenderer submits a letter of intent from an approved insurer undertaking to provide the

Performance Bond to the format included in Part C1.3 of this procurement document.

h) CIDB: the tenderer is registered with the Construction Industry Development Board in an appropriate

contractor grading designation.

i) Technical Experience: Tenderer to demonstrate technical expertise and capability to meet the

requirements set out in this RFP.

5.18 Variation to the standard conditions of tender:-

1. Notwithstanding the provisions of clause 5.18, the Employer shall provide upon written request

only the outcomes of tender process.

2. The following pricing assumptions apply to the pricing of the Bills of Quantities:

a. Information in the Bill of Quantities is not Works Information or Site Information.

Accordingly, instructions to do work or how it is to be done are not included in the Bill, but in

the Works Information as the Contractor provides the Works in accordance with the Works

Information. The Bill of Quantities is only a pricing document.

b. The prices in the Bills of Quantities are to include risk allowances.

c. An item against which no price is entered will be considered to be covered by the other

prices or rates in the Bills of Quantities. A single lump sum will apply should a number of

items be grouped together for pricing purposes.


5.18 COVID Instructions

1. Proclamation of National State of Disaster & Restriction on the Movement of Persons and Goods(1) –

South Africa

As a result of the COVID-19 pandemic, a National State of Disaster for South Africa was proclaimed on 15

March 2020 by the Minister of Cooperative Governance and Traditional Affairs in terms of the Disaster

Management Act, 2002. Government Gazette No 43096 of 15 March 2020 contained Notice 313 wherein

the Declaration of a National State of Disaster appeared.

After the proclamation of the National State of Disaster, Regulations were published in many separate

gazettes.

Government Gazette No 43148 of 25 March 2020 contained Notice No R.398. The definition of lockdown

appeared under Section 8 under “CHAPTER 2, Subsection 11A”. Restriction on the movement of persons

and goods appeared under Section 8 under “CHAPTER 2, Subsection 11B”.

Implementation of Notice No R.398 became effective on 23:59 on Thursday, 26 March 2020, and the

implementation was to stay effective until 23:59 on Thursday 16 April 2020 but has been extended by the

State President until end of April 2020.

On the 23rd of April 2020, President Cyril Ramaphosa announced a phased reopening of the South African

post-lockdown economy which is an ongoing process.

2. Engineering and Construction Industry

The National Lockdown in South Africa has resulted in mandatory closure of many construction sites, or

difficulties for contractors obtaining plant and materials as well as obtaining equipment to carry out work.

Furthermore, both the lockdown and social-distancing provisions have affected not only construction

personnel but also supervisory staff, and all professional staff involved in ongoing projects.

This, coupled with travel and procurement restrictions, are the unprecedented circumstances in which this

Project is presented and will be executed.

To execute a successful project in these uncertain times, will require resilience, collaboration and a reform

of standard processes. The project teams will be forced to adopt the lessons learnt globally and implement

policies that support a safe working environment, adjusted to ensure challenges are managed and

resolved in a dynamic and cost-effective manner.

3. Tender Instructions

Based on the above, Tenderers shall consider the impact of all known risks pertaining to the Covid-19

pandemic, restrictions and exclusions when preparing their bid – up to including the South African

President’s phased re-opening notification of 23 April 2020. The Tenderer will consider the impact of the

current Level’s restrictions, at the time of submitting its Proposal.

As such, COVID-19, up to and until the situation changes, will not be treated as a Force Majeure event and

the Tenderers are requested to plan and price for the risk accordingly.


4. Changes in Legislation

Changes in legislation shall be dealt with, as provided for in the governing contract entered into.

Tenderer’s attention is drawn to the relevant clause, qualified to allow for time. The cost impact, if any,

will be submitted to the Employer for consideration in their sole discretion, on the merits of each claim.

5. OHSA

The Tenderer will ensure it complies with the OHSA COVID Compliance checklist – appended to this RFP

under Annexure 6.



WFOHSRD_1



Part T2: Returnable documents

T.2.1 List of returnable documents

Annexure /

Section No.

(if applicable)

Description Checklist

Record of Addenda to Tender Documents;

9 (i) Compulsory Questionnaire

Preferencing Schedule: Broad Based Black Economic Empowerment Status

(based on DTI’S generic code of good practice);

9 (iii) Performance Bond (Template)

9 (iv) Certificate of Authority for Joint Venture

9 (v) (v) Annual Financial Statements Declaration

9 (ii) Preferencing Schedule: Broad Based Black Economic Empowerment Status

(based on DTI’S generic code of good practice);

C1.1 Page 19 Proposed Amendments and Qualifications;

10 Evaluation Schedule No 1: Experience of tenderer in the construction,

renovation, rehabilitation, alteration or extension of low-rise buildings (three

to four storeys);

10 Evaluation Schedule No 2: Proposed Programme

10 Evaluation Schedule No 3: Experience of Contract Manager;

10 Evaluation Schedule No 4: Experience of Cost Controller

11 Tender Assessment Schedule.

Verification certificate from a verification agency accredited by SANAS and

recognized as an Accredited B-BBEE Verification Agencies (see

www.sanas.co.za/directory/bbee_default.php) if preference points are

claimed in respect of Broad-Based Black Economic Empowerment.

Tenderer’s company tax clearance certificate for tenders issued by the South

African Revenue Services.

Tenderer’s proof of company registration documents.


Annexure /

Section No.

(if applicable)

Description Checklist

The tenderer is in possession of a letter of good standing from the

Compensation Fund or a licensed compensation insurer as contemplated in

the Compensation for Occupational Injuries and Disease Act, 1993 (Act No. 130

of 1993).

Tenderer’s proof of CIDB grading.

The tenderer is able to provide suitable financial statements for the preceding

financial year within 12 months of the financial year-end.

Tax Compliance PIN issued by the South African Revenue Service [Note: The

tenderer is required to insert a tax compliance pin number in the Compulsory

Declaration so that the tenderer’s tax compliance status can be confirmed.]


C1.1 Form of Offer and Acceptance

Offer

The Client, identified in the Acceptance signature block, has solicited offers to enter into a contract for the procurement

of:

Zola Dental Clinic Building Works

The tenderer, identified in the Offer signature block, has examined the documents listed in the Tender Data and

addenda thereto and by submitting this Offer has accepted the Conditions of Tender1.

By the representative of the tenderer, deemed to be duly authorised, signing this part of this Form of Offer and

Acceptance the tenderer offers to perform all of the obligations and liabilities of the Contractor under the contract

including compliance with all its terms and conditions according to their true intent and meaning for an amount to be

determined in accordance with the conditions of contract identified in the Contract Data.

Option B The offered total of the Prices exclusive of VAT is R [●]

Value Added Tax @ 15% is R [●]

The offered total of the Prices inclusive of VAT is2 R [●]

(in words) [●]

This Offer may be accepted by the Client by signing the Acceptance part of this Form of Offer and Acceptance and

returning one copy of this document including the Schedule of Deviations (if any) to the tenderer before the end of the

period of validity stated in the Tender Data, or other period as agreed, whereupon the tenderer becomes the party

named as the Contractor in the conditions of contract identified in the Contract Data.

Signature(s)

Name(s)

Capacity

For the

tenderer:

Name &

signature of

witness

(Insert name and address of organisation)

Date

1 Conditions of Tender are those included in SANS 10845-3 2015 available from https://store.sabs.co.za 2 This total is required by the Client for budgeting purposes only. Actual amounts due will be assessed in terms of the conditions of contract.

https://store.sabs.co.za/


Acceptance

By signing this part of this Form of Offer and Acceptance, the Client identified below accepts the tenderer’s Offer. In

consideration thereof, the Client shall pay the Contractor the amount due in accordance with the conditions of contract

identified in the Contract Data. Acceptance of the tenderer’s Offer shall form an agreement between the Client and the

tenderer upon the terms and conditions contained in this agreement and in the contract that is the subject of this

agreement.

The terms of the contract, are contained in:

Part C1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)

Part C2 Pricing Data

Part C3 Scope of Work

Part C4 Site Information

and drawings and documents (or parts thereof), which may be incorporated by reference into the above listed Parts.

Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the

Returnable Schedules as well as any changes to the terms of the Offer agreed by the tenderer and the Client during this

process of offer and acceptance, are contained in the Schedule of Deviations attached to and forming part of this Form

of Offer and Acceptance. No amendments to or deviations from said documents are valid unless contained in this

Schedule.

The tenderer shall within two weeks of receiving a completed copy of this agreement, including the Schedule of

Deviations (if any), contact the Client’s agent (whose details are given in the Contract Data) to arrange the delivery of

any securities, bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the

conditions of contract identified in the Contract Data at, or just after, the date this agreement comes into effect. Failure

to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this agreement.

Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives

one fully completed original copy of this document, including the Schedule of Deviations (if any).

Unless the tenderer (now Contractor) within five working days of the date of such receipt notifies the Client in writing

of any reason why it cannot accept the contents of this agreement, this agreement shall constitute a binding contract

between the Parties.

Signature(s)

Name(s) Mr. Prakash Desai

Capacity

Chief Financial Officer

for the Client

University of the Witwatersrand, Johannesburg

1 Jan Smuts Avenue, Braamfontein, 2000

Name &

signature of

witness


Date

Note: If a tenderer wishes to submit alternative tenders, use another copy of this Form of Offer and Acceptance.


Schedule of Deviations to be completed by the Client prior to contract award

Note:

1. This part of the Offer & Acceptance would not be required if the contract has been developed by negotiation

between the Parties and is not the result of a process of competitive tendering.

2. The extent of deviations from the tender documents issued by the Client prior to the tender closing date is

limited to those permitted in terms of the Conditions of Tender.

3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such

letter, which constitutes a deviation as aforesaid be the subject of agreement reached during the process of

Offer and Acceptance, the outcome of such agreement shall be recorded here and the final draft of the contract

documents shall be revised to incorporate the effect of it. Insert particulars in place of this symbol [●] and

delete rows not required.

No. Subject Details

1 [●] [●]

2 [●] [●]

3 [●] [●]

4 [●] [●]

5 [●] [●]

By the duly authorised representatives signing this Schedule of Deviations below, the Client and the tenderer agree to

and accept this Schedule of Deviations as the only deviations from and amendments to the documents listed in the

Tender Data and any addenda thereto listed in the Tender Schedules, as well as any confirmation, clarification or

changes to the terms of the Offer agreed by the tenderer and the Client during this process of Offer and Acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or implied during the period

between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Form

shall have any meaning or effect in the contract between the parties arising from this Agreement.

For the tenderer: For the Client

Signature

Name

Capacity

On behalf

of



Name &

signature

of witness

Date


C1.2 ECC4 Contract Data

Part one - Data provided by the Client

[Instructions to the contract compiler: (delete these three notes in the final draft of a tender / contract)

1. Please read the relevant clauses in the conditions of contract before you enter data. The number of the

clause which requires the data is shown in the left-hand column for each statement however other clauses

may also use the same data.

2. This symbol [●] is used to denote where data is to be inserted. Delete the symbol when inserting data.

3. In the left-hand column where a note begins with the word, “If -----", either complete the data and delete the

note if the option applies or delete the note and the rows of data relevant to that note if the option has not

been selected.]

Completion of the data in full, according to the Options chosen, is essential to create a complete contract.

1 General

11.1 The conditions of contract are the core clauses and the clauses for the following main

Option, the Option for resolving and avoiding disputes and secondary Options of the NEC4

Engineering and Construction Contract, June 2017 with amendments January 2019.

Main Option B

Option for resolving and avoiding disputes W1

Secondary Options X2, X7, X11, X13, X16, X18, Z1, Z2

11.2(15) The works are Construction of the ‘Zola Dental Clinic’, within the Zola Community

Health Centre

10.1 The Client is

Name University of the Witwatersrand,

Johannesburg,

as represented by Mr. Emannuel N. Prinsloo.

Address for communications 3 Jubilee Road, Parktown, Johannesburg,

South Africa, 2193

Address for electronic communications [email protected]

10.1 The Project Manager is

Name Thami Skele

Address for communications 3 Jubilee Road, Parktown, Johannesburg,

South Africa, 2193

Address for electronic communications [email protected]


10.1 The Supervisor is

Name TBC

Address for communications TBC

Address for electronic communications TBC

11.2(16) The Scope is in Part 3: Scope of Work and all documents and drawings to which it

refers.

11.2(18) The Site

Information is in

Part 4: Site Information and all documents and drawings to which it

refers.

11.2(17) The boundaries of the site are The site is within the Zola Community Health

Centre, Soweto

13.1 The language of this contract is English

12.2 The law of the contract is the law of the Republic of South Africa

13.3 The period for reply is 10 calendar days

15.2 The following matters will be included in the Early Warning Register

1. Work inside the Hospital Area

2. COVID 19

3. Compliance with local employment

15.2 Early warning meetings are to be held at intervals no longer than 7 calendar days

2. The Contractor's main responsibilities

If the Client has identified work which is set to meet a stated condition by a key date

25.3 The key dates and conditions to be met are:

condition to be met key date

(1) The contractor should make sure that, the installation of the dental

equipment is not delayed when is delivered on site

TBC

(2)

(3)

If neither of the above two options apply

Data required by this section of the core clauses is provided by the Contractor in Part 2 and

terms in italics used in this section are identified elsewhere in this Contract Data.

3 Time


31.2 The starting date is 7 September 2020

30.1 The access dates are:

part of the Site date

(1) Whole site 7 September 2020

(2) [●] [●]

(3) [●] [●]

32.2 The Contractor submits revised programmes at intervals no longer

than

30 calendar days

If the Client has decided the completion date for the whole of the works

11.2(2) & 11.2(3) The completion date for the whole of the works is 6 April 2021

Taking over the works

before the Completion

Date

The Client is not willing to take over the works before the

Completion Date. (Delete as applicable)

If no programme is identified in part two of the Contract Data

31.1 The period after the Contract Date within which the Contractor is to

submit a first programme for acceptance is

14 calendar days

4 Quality management

40.2 The period after the Contract Date within which the Contractor is to

submit a quality policy statement and quality plan is

14 calendar days

43.1 The period between Completion of the whole of the works and the

defects date is

44.2 The defect correction period is 2 Weeks except that

The defect correction period for is N/A

The defect correction period for is N/A

5 Payment

51.1 The currency of the contract is the South African Rand

50.1 The assessment interval is 30 days

The interest rate is 6% per annum


If the period in which payments are made is not three weeks

51.2 The period within which payments are made is 5 weeks

6 Compensation events

60.1(13) The place where weather is to be recorded is Soweto / Zola Dental Clinic

60.1(13) The weather measurements to be recorded for each calendar month are

the cumulative rainfall (mm)

the number of days with rainfall more than 10 mm

the number of days with minimum air temperature less than 0 degrees Celsius

the number of days with snow lying at 09:00 hours South African Time

and these measurements

mm

The weather measurements are supplied by South African Weather Bureau

If recorded weather data are available:

60.1(13) The weather data are the records of past weather measurements for each calendar month

which were recorded at Soweto

and which are available from: the South African Weather Bureau and

included in Annexure A to this Contract Data

provided by the Client

If no recorded data are available

Where no recorded

data are available

60.1(13)

Assumed values for the ten-year return

weather data for each weather

measurement for each calendar month are:

N/A

If Option A or B is used

63.12 The value engineering percentage is 50%, unless another percentage

is stated here, in which case it is

0%

If Option B or D is used

60.6 The method of measurement is as stated in Part C2.1, Pricing Assumptions.

If there are additional compensation events

60.1(21) These are additional compensation events

None


7 Title

No changes.

8 Liabilities and insurance

If there are additional Client’s liabilities

80.1 These are additional Client's liabilities

None

83.3 Insurance Table

row 3

The minimum amount of cover for insurance against loss of or damage to property (except

the works, Plant, Materials and Equipment) and liability for bodily injury to or death of a

person (not an employee of the Contractor) arising from or in connection with the

Contractor Providing the Works for any one event is:

R10 million in respective of each claim, without limit to the number of claims and R50

million in annual aggregate.


row 4

The minimum amount of cover for insurance against death of or bodily injury to employees

of the Contractor arising out of and in the course of their employment in connection with

the contract for any one event is:

That which is prescribed by the Compensation injuries and Diseases Act No. 130 of 1993 as

amended and whatever the Consultant deems desirable in addition.

If the Client is to provide Plant and Materials –


row 1

The insurance against loss of or damage to the works, Plant and Materials is to include

cover for Plant and Materials provided by the Client for an amount of None

If the Client is to provide any of the insurances stated in the Insurance Table

83.1 The Client provides these insurances from the Insurance Table

(1) Insurance against None

Minimum amount of cover is Not applicable

The deductibles are Not applicable

If additional insurances are to be provided

83.1 The Client provides these additional insurances

(1) Insurance against None

Minimum amount of cover is Not applicable


The deductibles are Not applicable

83.2 The Contractor provides these additional insurances

(1) Insurance against The Contractor must insure itself against liability arising

out of or due to its fault or the fault of any of its

employees, agents, associates or other persons acting on

its behalf

Minimum amount of cover is R10 million in respective of each claim, without limit to the

number of claims and R50 million in annual aggregate.

The deductibles are See policies arranged by the Contractor

(2) Insurance against Loss or damage to Equipment, Plant and Materials

Minimum amount of cover is a sum sufficient to provide for their replacement.


(3) Insurance against Professional Indemnity

Minimum amount of cover is Single Project Professional Indemnity for a limit of

indemnity of R10 000 000 in the aggregate including costs

and expenses, from first access date until Completion of

the whole of the works.


(4) Insurance against SASRIA (Special Risks)

Minimum amount of cover is Total of the Prices (excluding VAT)


9 Termination

There is no reference to Contract Data in this section of the core clauses and terms in italics

used in this section are identified elsewhere in this Contract Data.

Resolving and avoiding disputes

W1.4(1), W2.4(1) and

W3.3(1)

The tribunal is arbitration

W1.4(5), W2.4(4) and

W3.3(4)

The arbitration procedure is the latest edition of Rules for the Conduct of Arbitrations

published by The Association of Arbitrators (Southern

Africa) or its successor body.

The place where arbitration is

to be held is

South Africa

The person or organisation who will choose an arbitrator if the Parties cannot agree a

choice or if the arbitration procedure does not state who selects an arbitrator, is


the Chairman for the time being or his nominee of the Association of Arbitrators (Southern

Africa) or its successor body.

If Option W1 is used

W1.1(1) The Senior Representatives of the Client are

Name (1) Mr. Emannuel N. Prinsloo

Address for communications Gable Ends

3 Jubilee Road

Parktown

2193

Address for electronic

communications

[email protected]

W1.2 The Adjudicator is (Name)

[It is always preferable to name the

Adjudicator at time of award. If this can

be done delete this data and insert the

name and contact details below.]

the person selected from the ICE-SA Division (or

its successor body) of the South African

Institution of Civil Engineering Panel of

Adjudicators by the Party intending to refer a

dispute to him. (see www.ice-sa.org.za)

Address for communications TBC


communications

TBC

The Adjudicator nominating body is: the Chairman of ICE-SA a joint Division of the

South African Institution of Civil Engineering

and the London Institution of Civil Engineers.

(See www.ice-sa.org.za ) or its successor body.

X1: Price adjustment for inflation (used only with Options A, B, C and D)

Not Applicable.

X2: Changes in the law

Applicable.

X5: Sectional Completion

Not Applicable.

X6: Bonus for early Completion

Not Applicable.

X7: Delay damages

http://www.ice-sa.org.za/

http://www.ice-sa.org.za/


X7.1 Delay damages for Completion of the whole of the works

are 0.2%

of the Contract Price per day

late up to 10% max

X9: Transfer of rights

Not Applicable.

X10: Information modelling

Not Applicable.

X11: Termination by the Client

Applicable.

X12: Multiparty collaboration (not used with Option X20)

Not Applicable.

X13: Performance bond

X13.1 The amount of the performance bond is 7.5% of the Total Prices

X14: Advanced payment to the Contractor

Not Applicable.

X16 Retention

X16.1 The retention percentage is 5 %

X17: Low performance damages

Not Applicable.

X18: Limitation of liability

X18.2 The Contractor’s liability to the Client for indirect or

consequential loss is limited to:

Contract Price

X18.3 For any one event, the Contractor’s liability to the Client for

loss of or damage to the Client’s property is limited to:

R 10 million

R 50 million

X18.5

R 10 million

X18.6 The end of liability date is 5 years after Completion of the whole of the works

X21: Whole life cost

Not Applicable.


X22: Early Contractor involvement (used only with Options C and E)

Not Applicable.

Z: Additional conditions of contract

The additional conditions of contract are:

Z Additional Conditions of Contract

Z1 Acts or omissions by mandatories

In terms of Section 37(2) of the Occupational Health and Safety Act of 1993 (Act 85 of 1993), the Contractor

hereby agrees that the Client is relieved of any and all of its liabilities in terms of Section 37(1) of this Act in

respect of any acts or omissions of the Contractor and his employees to the extent permitted by this Act, and

that this contract comprises the written agreement between the Client and the Contractor contemplated in

section 37(2).

Z2 In the event the Contractor fails to achieve the required Subcontracting requirement stated in this Contract,

it will constitute a material breach of the Contract, which will entitle the Client to suspend the Works on

written notice until such time as the Contractor has remedied the breach, provided that the Contractor has

been given a reasonable opportunity to remedy. Suspension under this clause will not entitle the Contractor

to an extension of time or an adjustment in the Price.


Annexure A to Contract Data Part 1: One-in-ten-year-return weather data

Obtained from SA Weather Bureau for [weather station]

If any one of these weather measurements recorded within a calendar month, before the Completion Date for the

whole of the works and at the place stated in this Contract Data is shown to be more adverse than the amount stated

below, then the Contractor may notify a compensation event.

Weather measurement

Month Cumulative

rainfall (mm)

Month Cumulative

rainfall (mm)

Month Cumulative

rainfall (mm)

January 13.6 January 13.6 January 13.6

February 101 February 101 February 101

March 84 March 84 March 84

April 63 April 63 April 63

May 20 May 20 May 20

June 8 June 8 June 8

July 7 July 7 July 7

August 7 August 7 August 7

September 24 September 24 September 24

October 73 October 73 October 73

November 112 November 112 November 112

December 115 December 115 December 115

Only the difference between the more adverse recorded weather and the equivalent measurement given above is

taken into account in assessing a compensation event.


Part 2 – Data provided by the Contractor

[Instructions to the contract compiler: (delete these two notes in the final draft of a contract)

1. Please read the relevant clauses in the conditions of contract before you enter data. The number of the

clause which requires the data is shown in the left-hand column for each statement however other clauses

may also use the same data.

2. In the left-hand column where a note begins, “If -----" either complete the data and delete the note if the

option applies or delete the note and the rows of data relevant to that note if the option has not been

selected.]

Completion of the data in full, according to the Options chosen, is essential to create a complete contract.

1 General

10.1 The Contractor is

Name [●]

Address for communications [●]

Address for electronic communications [●]

11.2(10) & 52.1 The fee percentage is [●]%

11.2(20) &16.3 The working areas are the Site and [●]

24.1 The key persons are

Name (1) [●]

Job [●]

Responsibilities [●]

Qualifications [●]

Experience [●]

Name (2) [●]

Job [●]

Responsibilities [●]

Qualifications [●]

Experience [●]


11.2(8) The following matters will be included in the Early Warning Register:

[●]

2 The Contractor’s main responsibilities

If the Contractor is to provide Scope for its design

11.2(16) and 21.1 The Scope provided by the Contractor for its design is in [●]

3 Time

If a programme is to be identified in the Contract Data

31.1 The programme identified in Contract Data is [●]

If the Contractor is to decide the completion date for the whole of the works

11.2(3) The completion date for the whole of the works [●]

5 Payment

If Option A or C is used

11.2(21) The activity schedule is in [●]

If Option A, B C or D is used

The tendered total of the Prices is [●]

Resolving and avoiding disputes

If Option W1 or W2 is used

W1.1(1) The Senior Representatives of the Contractor are

Name [●]



communications

[●]


Name (2) [●]



communications

[●]

Data for Schedule of Cost Components (only used with Options C D and E)

SCC 23 The listed items of Equipment purchased for work on the contract, with an on-cost charge,

are

Equipment time-related on cost

charge

Per time period

[●] [●] [●]

[●] [●] [●]

[●] [●] [●]

[●] [●] [●]

SCC 24 The rates for special Equipment are

Equipment rate

[●] [●]

[●] [●]

[●] [●]

[●] [●]

SCC 61 The rates for Defined Cost of manufacture and fabrication outside the Working Areas by

the Contractor are

Category of person rate

[●] [●]

[●] [●]

[●] [●]

[●] [●]

SCC 71 The rates for Defined Cost of design outside the Working Areas are



[●] [●]

[●] [●]

[●] [●]

[●] [●]

The categories of design people whose travelling expenses to and from the Working Areas

are included as a cost of design of the works and Equipment done outside the Working

Areas are

SCC 72 [●]

Data for Short Schedule of Cost Components (only used with Options A or B)

11.2(28) and SSCC 11 The people rates are

Category of person unit rate

[●] [●] [●]

[●] [●] [●]

[●] [●] [●]

[●] [●] [●]

SSCC 21 The published list of Equipment is the edition current at

the Contract Date of the list published by

[●]

The percentage for adjustment for Equipment in the

published list is

[●]% (State plus or

minus)

SSCC 22 The rates for other Equipment are

Equipment rate

[●] [●]

[●] [●]

[●] [●]

[●] [●]

SSCC 61 The rates for Defined Cost of manufacture and fabrication outside the Working Areas by

the Contractor are



[●] [●]

[●] [●]

[●] [●]

SSCC 71 The rates for Defined Cost of design outside the Working Areas are


[●] [●]

[●] [●]

[●] [●]

[●] [●]

SSCC 72 The categories of design people whose travelling expenses to and from the Working Areas

are included in Defined Cost are

[●]


C2.1 Pricing assumptions Option B

How work is priced and assessed for payment

Clause 11 in NEC4 Engineering and Construction Contract (ECC4) Option B states:

Identified and

defined terms

11

11.2

(22) The Bill of Quantities is the bill of quantities unless later changed in accordance

with these conditions of contract.

(30) The Price for Work Done to Date is the total of

the quantity of the work which the Contractor has completed for each item in

the Bill of Quantities multiplied by the rate and

a proportion of each lump sum which is the proportion of the work covered by

the item which the Contractor has completed.

Completed work is work which is without notified Defects the correction of which

will delay following work.

(33) The Prices are the lump sums and the amounts obtained by multiplying the

rates by the quantities for the items in the Bill of Quantities.

This confirms that Option B is a re-measurement contract and the Bill comprises only items measured using quantities

and rates or stated as lump sums. Value related items are not used. Time related items are items measured using rates

where the rate is a unit of time.

Function of the Bill of Quantities

Clause 56.1 in Option B states, “Information in the Bill of Quantities is not Scope or Site Information”. This confirms

that specifications and descriptions of the work or any constraints on how it is to be done are not included in the Bill,

but in the Scope. This is further confirmed by Clause 20.1 which states, “The Contractor Provides the Works in

accordance with the Scope”. Hence the Contractor does not Provide the Works in accordance with the Bill of Quantities.

The Bill of Quantities is only a pricing document.

Guidance before pricing and measuring

Clients preparing tenders or contract documents, and tendering contractors are advised to consult page 85 of the “NEC4

User Guide, Preparing an Engineering and Construction Contract” before preparing the bill of quantities or before

entering rates and lump sums into the bill.

There is no general provision in Option B for payment for materials on Site before incorporation into the works. If

secondary Option X14 Advanced payment has not been used then the tendering contractor may obtain the same effect

by inserting appropriate items in the method related charges where the method of measurement allows, or alternatively

making allowance in the rates of the bill of quantities for the financing of Plant and Materials until they are incorporated

in the works.

When compensation events arise, the default position is that the Bill of Quantities is not used to calculate the cost effect


of the event. Defined Cost and the resulting Fee is used and Defined Cost includes all components of cost which the

Contractor is likely to incur, including so called P & G items. Rates and lump sums from the Bill of Quantities, or from

any other source, may be used instead of Defined Cost and the Fee only if the Contractor and Project Manager agree.

If they are unable to agree, then Defined Cost plus Fee is used.

Measurement and payment

Symbols

The units of measurement described in the Bill of Quantities are metric units abbreviated as follows:

[add or delete as required]

Abbreviation Unit

% percent

h hour

ha hectare

kg kilogram

kl kilolitre

km kilometre

km-pass kilometre-pass

kPa kilopascal

kW kilowatt

l litre

m metre

mm millimetre

m2 square metre

m2-pass square metre pass

m3 cubic metre

m3-km cubic metre-kilometre

MN meganewton

MN.m meganewton-metre

MPa megapascal

No. number

sum Lump sum

t tonne (1000kg)

General assumptions

Unless otherwise stated, items are measured net in accordance with the drawings, and no allowance has been

made in the quantities for waste.

The Prices and rates stated for each item in the Bill of Quantities are treated as being fully inclusive of all work,

risks, liabilities, obligations, overheads, profit and everything necessary as incurred or required by the Contractor

in carrying out or providing that item.

An item against which no Price is entered will be treated as covered by other Prices or rates in the bill of

quantities.


The quantities contained in the Bill of Quantities may not be final and do not necessarily represent the actual

amount of work to be done. The quantities of work assessed and certified for payment by the Project Manager at

each assessment date will be used for determining payments due.

The short descriptions of the items of payment given in the bill of quantities are only for the purposes of

identifying the items. Detail regarding the extent of the work entailed under each item is provided in the Scope.

Key notes on the Contractor’s invoice:

Invoices submitted by the Contractor to the Client include:

• the details stated in the Scope to show how the amount due has been assessed, and

• the details required by the Employer for a valid tax invoice.

Each payment is made by the Client within three weeks of receiving the Contractor’s invoice showing the

details which this contract requires or, if a different period is stated in the Contract Data, within the period stated.


C2.2 The bill of quantities – Option B

(i) Refer Annexure 1 – Bill of Quantities.


Part C3 Scope of Work

C3.1: The Client’s scope

S 100 Description of the works

S 105 Project Objectives The Client’s objective is to demolish the old facility and build a new Dental Facility within

the Zola Community Health Centre

S 110 Description of the

works

The works comprise the construction of a new Dental Facility within the Zola Community

Clinic.

The scope of work is detailed in the tender drawings and Bill of Quantities.

The site is located within the Zola Community Health Centre in Zola, Soweto.

S 200 Constraints on how the Contractor Provides the Works

2 DRAWINGS

2.1 New Dental Clinic

The architectural drawings for tender are as follows:

No. Drawing No. Description

1 AR-AS-001-001 Sanitary schedule

1 AR-CE-001-001 Reflected ceiling plan (gridline 1-22)

2 AR-CE-002-001 Reflected ceiling plan (gridline 10-29)

3 AR-DO-001-001 Door schedule



6 AR-DR-001-001 Planned status drainage layout (gridline 1 -23)

7 AR-DR-002-00 Planned status drainage layout (gridline 10 -29)

8 AR-ES-004-001 Construction elevations

9 AR-ES-005-001 Construction sections

10 AR-ES-008-001 Construction breakout area sections elevations

11 AR-PL-006-001 Construction plan (gridline 1-23)

12 AR-PL-007-001 Construction plan (gridline 10-29)

13 AR-PL-008-001 Construction roof plan

14 AR-PL-009-001 Construction floor finish layout plan

15 AR-PL-014-001 Council submission site plan

16 AR-PL-015-001 Council submission plan

17 AR-SS-001-001 Specification schedule

18 AR-WI-001-001 Window schedule


The structural and civil engineering drawings for tender are as follows:


1 988-029-DRG-DTR-D-001-Rev B foundation layout

2 988-029-DRG-DTR-D-002-Rev B Surface bed layout

3 988-029-DRG-DTR-D-098-Rev C Roof layout & sections

4 988-029-DRG-STR-A-100-Rev A Standard notes

The electrical engineering drawings for tender are as follows:


1 Wits-EE-003 Single Line Diagram

The Mechanical engineering drawings for tender are as follows:


1 WITS-ME-1-DRG-005-

RevE- HVAC.PDF

HVAC

3 CONSTRUCTION

3.1 General

3.1.1 The Contractor shall only incorporate in materials (substances that can be used to renovate or refurbish the

building), products (item manufactured or processed for incorporation into the works), components (products

manufactured as distinct units to serve a specific function or functions) and assemblies (set of related

components attached to each other) which are:

a) fit for their intended purpose; and

b) capable of fulfilling required functions under intended use conditions or when in use, with planned

maintenance, under the influence of the environmental actions or a result of a self-ageing process for a

period of time within industry accepted norms.

3.1.2 The Contractor shall follow the works information as prepared by the client’s consultants in each specific

discipline and subject to revision by the Client.

3.2 Applicable SANS 2001 standards for construction works

3.2.1 The following parts of SANS 2001 Construction works standards and associated specification data are applicable

to the works:

1) SANS 2001-CC1: Concrete works (Structural Works)

2) SANS 2001-CG1: Installation of glazing in window and door frames


3) SANS 2001-CM1: Masonry walling

4) SANS 2001-EM1: Cement plaster

5) SANS 2001-CS1: Structural steelwork

6) SANS 2001-EM1: Cement plaster

3.2.2 The South African National Standards listed in 3.2.1, which can be purchased online from www.sabs.co.za, make

several references to the Specification Data for data, provisions and variations that make these standards

applicable to this contract. The Specification Data shall have precedence in the interpretation of any ambiguity

or inconsistency between it and these standards.

3.2.3 The associated Specification Data is as follows:

SANS 2001-CC1: Concrete works (structural)

Essential Data:

Clause Specification data

4.2.3.1 The coarse aggregate must have a nominal size of 26 mm or less.

4.2.3.4 Plums are permitted in plain concrete

4.2.4 Admixtures are permitted, provided that the results of trial tests which demonstrate their

suitability and the following are made available:

a) The trade name of the admixture, its source and the manufacturer’s recommended

method of use,

b) Typical dosages and possible detrimental effects of underdosages and overdosages,

c) Whether compounds are likely to cause corrosion of reinforcement or deterioration

of concrete (such as those containing chloride, in any form, as an active ingredient)

are present and, if so, the chloride content expressed as a mass fraction of chloride

ions or expressed as an equivalent mass fraction of anhydrous calcium chloride; and

d) The average expected air content of freshly mixed concrete containing an admixture

that causes air to be entrained when the admixture is used at the manufacturer’s

recommended dosage.

4.3.1.5 Earth cuts may be used as forms for vertical surfaces, provided a cover of 75 mm is provided.

4.3.1.8 All exposed concrete shall formed surface of type smooth – special, as defined in Table 1.

4.3.1.8 The degree of accuracy for formed surfaces is degree of accuracy II.

4.3.2.1.4 The design and drawings for formwork and falsework of the vertical surfaces shall be

submitted for review.

4.3.8.3 Where a slab is constructed in separate pours, the supporting formwork of the earlier cast

slab may not be removed until the later cast adjacent slab has reached its design strength, or

reached the appropriate age shown in table 2.

http://www.sabs.co.za/


Where the fin frame/wall is cast separately from the slab above, the fin frame/wall must

remain fully propped until the slab above (forming part of the overall fin frame structure) has

reached its design strength, or reached the appropriate age shown in table 2.

4.5.1 Fixtures to be embedded in the concrete shall be securely fixed to the formwork, in their final

position. Minor items may be securely tied to the reinforcing, as long as the contractor is

certain the embedded items will not move during casting.

4.7.3.2

4.7.10.15

Pumping of concrete is permitted

4.7.4.1 Efflorescence is not acceptable.

4.7.12.1.1 Construction joints shall not be formed at midspan or at supports, for slabs. Construction

joints in columns shall be uniform (in terms of level and appearance) throughout the

structure.

4.7.12.1.4 Proprietary bonding compounds between old and new concrete may be used.

4.8.6.1 Samples of precast concrete units that have architectural finishes shall be prepared.

4.10.1.3 The position of lifting and supporting points, the method of lifting, and the type of equipment

and transport used shall be as per the contractor’s details, and subject to the supervisor’s

approval.

4.10.2 The method of assembly and erection shall be as per the contractor’s details, and subject to

the supervisor’s approval.

4.10.4.1 The design requirements for the structural connections shall be as per the design drawings.

5.1.2.3 The test results may be assessed statistically.

5.2.1.1 The degree of accuracy is II.

5.2.1.2 The degree of accuracy for floated finishes shall be I.

Variations:

None

Additional clauses:

None

SANS 2001-CG1: Installation of glazing in window and door frames

Essential Data:


4.1.1 The glazing material shall be in accordance with the requirements of SANS 10400.

Variations:

None

Additional clauses:

None

SANS 2001-CM1: Masonry walling


Essential Data:


4.3.8.1 Joints in face masonry shall be finished as indicated on the construction drawings

4.6.3 Reference panels are required and shall be as follows: Samples panels to be approved.

5.1 The degree of accuracy shall be 5mm.

Variations:

None

Additional clauses:

None

SANS 2001-EM1: Cement plaster

Essential Data:


4.1.1 Cement shall comply with the requirements of SANS 50197-1.

4.2.3.9 Finishing plaster shall be required in the following areas: (Please refer to Architects finishing

Schedule)

4.2.3.10 The finish to the plaster shall be as follows: (Please refer to Architects finishing Schedule)

5 The permissible deviations shall apply to the following walls: inaccuracies of existing & from

on-site.

Variations:

None

Additional clauses:

None

3.2.4 Notwithstanding the requirements in any of the standards applicable to this contract, the following tests shall be

required

Element Test Description Reference

Earthworks Mixed fill material specification – G7 –

material testing for classification, MOD

and optimum moisture content – all

done prior to commencing placing

material

TRH14 – Guidelines for Road

Construction Materials

Compaction densities SANS 2001-BE1


Element Test Description Reference

Concrete Work Concrete Test Cubes – 1 set of 6 cubes

per pour per type of concrete placed or

per 50 m3 of concrete placed,

whichever gives more frequent testing -

3 crushed at 7 days, 3 crushed at 28

days

SANS 2001-CC1

Brickwork Mortar testing for Class II SANS 2001-CM1

Sand to be tested SANS 2001-CM1

Testing of all critical welds, as defined on drawings

SANS 2001-CS1

3.2.5 The contractors shall provide the following quality control measures in the performance of the contract:

Discipline Test Description

General Main contractor QC plan

Conventional

Foundations

Geotechnical Engineer – CPA – to sign off depth of excavation and material in

any conventionally founded structure

Concrete Work Statement of Curing methods

Mix designs for approval in principle

3.3 Miscellaneous specifications

3.3.1 Precast concrete

3.3.1.1 Setting out drawings for blocks, sills, etc shall, where necessary, be prepared and submitted to the Employer’s

representative for acceptance before moulds are made.

3.3.1.2 All finished work shall be protected against injury or soiling. Any work which may be damaged shall be properly

replaced by the contractor. No touching up will be permitted except in exceptional cases with the consent of

the Employer’s representative. No acids shall be used for cleaning.

3.3.2 Waterproofing

3.3.2.1 All waterproofing shall be laid under a 10 year maintenance free guarantee which shall be made out in favour of

the Employer. Such guarantee shall become effective from the date of completion of the whole of the works and

shall cover the costs of any necessary works to the waterproofing, associated paving, screeds or any other

affected builder’s work, redecorations and any consequential damage caused by leaking or failure of the

waterproofing system.


3.3.2.2 All waterproofing shall be flood tested in suitably isolated areas for a period of not less than 72 hours. The water

for flooding of the waterproofing shall be dyed with a non-deleterious colouring agent of different colours

between adjacent test areas and shall be ‘topped-up’ as necessary during the course of the test.

3.3.3 Carpentry and joinery

3.3.3.1 All sawn timbers shall be the full sizes stated. When ‘planed’ timber is specified, the standard ‘ex’ sizes are given

(unless specifically described to the contrary).

3.3.3.2 Doors, sashes, fanlights, processed timber boards, veneers, etc., shall be the full thickness specified.

3.3.3.3 All carpentry shall be free of noticeable shrinkage and warping. Joinery shall be free of unsightly marks.

3.3.4 Ceilings, partitions and access flooring

3.3.4.1 Drywall partitions shall consist of galvanized mild steel floor and ceilings tracks size 63.5 mm x 25.4 mm fixed to

floor and ceiling and with galvanized mild steel studs size 63.5 mm x 34.9 mm friction fitted between tracks.

Studs at ends and openings shall be crimped to tracks.

3.3.4.3 Jointing to baseboard shall be scrimmed and finished using Gypsum Readymix jointing compound by the Arnex

jointing or the hand jointing method using similar principles.

3.3.4.4 All exposed screw heads shall be filled over with jointing compound to finish flush.

3.3.5 Metal work

3.3.5.1 Mild steel shall comply with the requirements of SANS 1431.

3.3.5.2 Steel pipes of nominal bore not exceeding 200 mm shall comply with the requirements of SANS 62-1. Piece and

pipe fittings of nominal bore not exceeding 150 mm, made from steel pipe shall comply with the requirements

of SANS 62 -2.

3.3.5.3 Burglar-resisting bars for steel frames of ventilating type windows shall comply with the requirements of SABS

CKS 338.

3.3.5.4 Organic powder coating for external architectural aluminium shall comply with the requirements of SANS 1578 -

1 and SANS 1578-2.

3.3.6 Tiling

3.3.6.1 Ceramic floor tiles (glazed and unglazed), unless otherwise described, shall be tiles of approved manufacture,

and shall comply with the requirements of SANS 1449 and shall be fixed in accordance with the recommendations

of Appendix D thereof. Where tiles are fixed to screeds with an adhesive, the adhesive shall be as recommended

by the manufacturer of the tiles. Unless described to the contrary, joints shall be 10 mm wide, straight,

continuous and flush pointed with tinted cement mortar composed of one part cement and three parts sand.

3.3.6.2 Floor tiles shall be laid in a 1:3 plaster bedding on concrete.

3.3.6.3 Wall tiles shall be fixed to concrete or masonry in a 1:4 plaster backing.


3.3.6.4 Tiles shall be fixed to screeds or plaster with a suitable fixing adhesive.

Ceramic tile floor shall be cleaned in accordance with the recommendation of SANS 10170.

3.3.7 Plumbing and drainage

3.3.7.1 Pipes in the ground shall be laid on suitable bedding in accordance with the recommendations of SANS 10102.

3.3.7.2 Water supply installation shall be carried out in accordance with the recommendations of SANS 10252-1 and

drainage installation shall be carried out in accordance with the recommendations of SANS 10252-2..

3.3.7.3 W.C. seats shall comply with the requirements of SANS CKS 302.

3.3.8 Glazing

3.3.8.1 All glass shall be cut carefully to the required sizes so that all panes of figured or textured glass are uniform in

appearance with the pattern parallel to the edges and wire woven glass shall be cut so that the wines are parallel

to the edges. All glass shall be protected from injury as necessary and at completion shall be cleaned thoroughly.

All broken, cracked or damaged panes shall be replaced.

3.3.9 Paintwork

3.3.9.1 Previously painted plastered surfaces shall be thoroughly washed down and allowed to dry completely before

any paint is applied. Blistered or peeling paint shall be completely removed and cracks shall be opened, filled

with a suitable filler and finished smooth.

3.3.9.2 Previously painted metal surfaces shall be thoroughly rubbed and cleaned down. Blistered or peeling paint shall

be completely removed down to bare metal.

3.3.9.3 Previously painted wood surfaces shall be thoroughly cleaned down. Blistered or peeling paint shall be

completely removed and cracks and crevices shall be primed, filled with suitable filler and finished smooth.

3.3.9.4 Previously painted fibre-cement surfaces shall be thoroughly rubbed and cleaned down. Blistered or peeling

paint shall be completely removed down to bare fibre-cement.

3.3.9.5 Previously painted plasterboard surfaces shall be thoroughly washed down and allowed to dry completely before

any paint is applied.

3.3.9.6 Blistered or peeling paint shall be completely removed and cracks shall be opened, filled with a suitable filler and

finished smooth.

3.3.9.7 Loose and defective paint shall be removed from previously painted surfaces before repainting.

3.3.9.8 Burning off shall be done by skilled workmen. A blow lamp shall not be used on carved surfaces, or surfaces

adjoining glass, such as sashes. Paint removers shall be of a suitable quality, free form soda or other caustic

substances, and shall be used in accordance with the maker’s instructions. Alkaline paint removers shall not be

used except under exceptional circumstances and with the acceptance supervisor.


3.3.9.9 Fibre-cement surfaces shall be brushed down with a stiff brush to remove all dust and treated with an anti-fungus

wash. If the fibre-cement is still ‘green’, a coat of alkali resistant primer shall be applied.

3.3.9.10 After each section has been painted, paint marks or splashes on other work shall be carefully removed so that

no trace remains. Work damaged by paint or unsuitable cleaning materials shall be replaced. No paint shall be

stored or mixed in any room where the floor covering has been laid.

3.2.9.11 Unless otherwise directed, the last coat of paint to each section shall be done only when all other building work

to that section has been completed and the premises are free from rubbish, dirt, etc. On completion, paintwork

shall be touched up where necessary and any defects made good.

4 MANAGEMENT

4.1 Applicable SANS 1921 standards

4.1.1 SANS 1921-1, General engineering and construction works and associated specification data are applicable to

the works:

4.1.2 The abovementioned South African National Standard make several references to the Specification Data for data,

provisions and variations that make these standards applicable to this contract. The Specification Data shall have

precedence in the interpretation of any ambiguity or inconsistency between it and these standards. Each item of

Specification Data given below is cross-referenced to the clause in the standard to which it mainly applies.

4.1.3 The associated Specification Data is as follows:

SANS 1921-1, Construction and management requirements for works contracts – Part 1: General

engineering and construction works


Essential data

4.1.7 There are no requirements for drawings, information and calculations for which the

contractor is responsible, save those required in terms of SANS 1921-3.

4.2.1 The responsibility strategy assigned to the contractor for the works is A.

4.2.2 The structural engineer is Calibre Consulting.

4.3.1 The planning, programme and method statements are to comply with the Contract

Data.

4.3.3 The notice period for inspection is 2 working Days

4.9.3 The trees and shrubs which are not to be disturbed: To be discussed with

Landscape Architect.

4.14.3 The Contractor is not required to provide any office accommodation, equipment,

accommodation for site meetings and other facilities for use by the employer and

his agents.


4.14.5 The Contractor is required to provide latrine and ablution facilities for his staff and

workmen.

4.14.6 There are no requirements for the provision and erection of separate sign boards

for consultants and subcontractors.

4.17.3 Services which are known to exist on the site are describe in the Site Information.

1 Water and electricity

The Employer does not warrant that any water supply or electricity supply that may exist is adequate for

the proper execution of the works. The responsibility strategies in terms of the tabulation below that will

apply to the contract is:

a) water : B

b) electricity : B

Service Option

A B C

Water The Contractor is to

provide, and remove and

make good upon

completion, all the

necessary temporary

plumbing connections and

purchase water from the

local authority for the

works at his own cost.

The Contractor shall make,

and upon completion

remove, all the necessary

connections to the

Employer’s water supply at

designated points and

make use of water free of

charge for construction

purposes only. Contractor

to provide about 10,000

litre water storage tank to

cater for possible low

water pressure /shortage


and upon completion


connections and water

meters to the Employer’s

water supply at designated

points and be responsible

for costs associated with

all water consumed.

Electricity The Contractor is to

provide, and remove and

make good upon

completion, all the

necessary temporary

electrical connections and

installations and purchase

electricity form the local

authority / ESKOM for the

works at his own cost.


and upon completion


electrical connections to

the Employer’s electrical

supply at designated points

and make use of electricity

free of charge for

construction purposes

only.


and upon completion


connections and meters to

the Employer’s electrical

supply and be responsible

for costs associated with

all electricity consumed.

4.2 Access to and performing works and services at the Zola Dental Clinic

The Contractor shall access the Zola Dental Clinic and perform work associated with the contract in accordance with the

University’s Specification for Access to and performing works and services on the Zola Dental Clinic (see Annexure

1).


5 SPECIALIST SUB-CONTRACTORS

The Contractor shall subcontract specialist works such as work associated with the electrical installation,

electronic installation, vertical and horizontal transport systems, smoke detection systems, fire installations and

HVAC systems to specialist subcontractors following a competitive tendering procedure.

The subcontracted works shall, unless otherwise stated, be subcontracted in terms of the NEC4 Engineering and

Construction Subcontract (ECS) in terms of Option B: Priced contract with bill of quantities.

The Contractor shall be responsible for finalising the subcontract and entering into contracts with all

Subcontractors.

The Employer’s design team shall develop the Works Information and the bills of quantities and draft the

procurement documents for specialist subcontractors. The Employer’s design team may call for tenders on behalf

of the Employer and undertake the technical evaluation of tenders. The Contractor shall, nevertheless be

responsible for finalising the subcontract and entering into contracts with such Subcontractors.

6 HEALTH AND SAFETY

6.1 The major hazards identified by the Employer are that other contractors are performing a wide range of

construction activities around in close proximity.

6.2 The Contractor shall manage health and safety in accordance with the University Campus Planning and

Development‘s Occupational Health and Safety Specification for Construction Works Contracts (see Annexure 2).

The shortlisted contractor will have submit a methodology on how to prevent the spread of COVID-19.

6.3 The Principal Contractor shall make and show adequate provision for the cost of adequate and required health

and safety measures during the construction process as required by Construction Regulation 5(1)(g).

Further to the adequate provision for the cost of health and safety as outlined above, the Principal Contractor

shall ensure that on appointing any other contractor for any portion of the construction project, that each

potential sub-contractor submitting tenders for such work, have made sufficient provision for adequate and

required health and safety measures during the construction process as required by Construction Regulation

7(1)(c)(ii).

6.4 Safety and Site Access Annexures:

(i) Annexure 2 - Occupational health and safety specification for construction works contracts;

(ii) Annexure 3 - Specification for access to and performing works and services on a Zola Dental Clinic;

(iii) Annexure 5 - COVID Plan Specifications; and

(iv) Annexure 6 - OHSA COVID Compliance Checklist.

7 PROGRAMME

The programme shall comprise a Gant Chart which indicates the timing for all principal activities. The

Contractor shall submit the program within 5 days after acceptance of the offer by the Employer. The program


shall be updated on a fortnightly basis. The start date and practical completion date, milestones and durations

of all activities that lie in the critical path shall be clearly shown in the programme.

8 TAX INVOICES and VENDOR REGISTRATION

8.1 VAT invoices that are submitted to the Employer shall include the following details:

WITS VAT No: 4390128942

Addressed to:

o University of Witwatersrand – Johannesburg

o P O Box 696

o Wits

o 2050

o Attention: Director Campus Planning and Development

Contractor details

Company registration No if applicable:

Contractor’s VAT No:

Tax Invoice Number:

Contractor’s Banking details for payment

8.2 Original invoices, signed by a member of the Contractor’s staff who is duly authorised to do so, shall be

submitted to the Employer’s Representative for payment purposes.

8.3 Vendor registration

As required and applicable for payment processing purposes, the Contractor registers on the Client’s

Procurement Database by the first assessment date by completing the relevant Vendor Registration Form and

providing all the required information.

One hundred percent of the Prices for Services Provided to Date is retained in assessments of the amount due

until the Contractor has registered on the Client’s Procurement Database.

9. INSURANCE

Claims –

In the event of any occurrence which is likely to or could give rise to a claim under the insurances arranged by

the Client the Contractor:

a) in addition to any statutory requirement or other requirements contained in the contract immediately

notifies the Client’s Insurance Brokers and the Client’s representative giving the circumstances nature

and an estimate of the loss or damage or liability.

b) completes a Claims Advice Form available from the Insurance Brokers to whom the form is returned

without delay.

c) negotiates the settlement of claims with the Insurers through the Client’s Insurance Brokers and when

required to do so obtains the Client’s approval of such settlement.


The Client and Insurers have the right to make all and any enquiries on the Site or elsewhere as to the cause and

results of any such occurrence and the Contractor co-operates in the carrying out of such enquiries.

Insurance cover taken out by the Contractor –

Insurance cover which the Contractor is required to take out in terms of the contract shall contain terms

acceptable to the Client’s insurance broker. A reason for not accepting the cover is that it does not comply with

the contract.

Without detracting from the liability of the Contractor as set out in this Contract, the Contractor must at all times

while this Contract is in force maintain insurance cover satisfactory to the University’s insurance brokers,

including professional indemnity and public liability insurance which adequately insures against all the liabilities

imposed by this Contract.

Before starting work under this Contract, the Contractor shall be fully insured against loss or damage to the

Contractor's vehicles, tools and any other Equipment owned or operated by the Contractor.

The Contractor shall forward proof of its insurance cover specified in this Contract to the University on or before

the Start Date and thereafter the terms shall not be altered without the consent of the University. Proof of

payment of premium on the policy shall be furnished to the University. This clause shall not limit the Contractor’s

right to source and transfer cover to another insurance company acceptable to the University along similar lines

to those agreed between the Parties, provided that the Contractor shall notify the University at least 30 (thirty)

days before effecting such change.

The Contractor shall ensure each sub-contractor is insured against the sub-contractor’s corresponding liabilities.

Insofar as either Party is liable in law therefore, the Parties’ have insured themselves against the acts and

omissions of persons acting on such Party’s behalf and the Parties’ registered students and staff are insured

during the course and scope of their registered courses and within the scope of the Parties’ business. The Client’s

maximum liability will be limited, whether for a single or multiple event, to the extent of its insurance cover.


C5 – ANNEXURES, EVALUATIONS SHEETS AND DECLARATION

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