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SCOPE OF WORK

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

CONTENTS C3.1 DESCRIPTION OF WORKS

C3.1.1 MLM's objectives

C3.1.2 Overview of the Works

C3.1.3 Extent of Works

C3.1.4 Location of the Works

C3.1.5 Temporary Works C3.2 ENGINERING

C3.2.1 Design

C3.2.2 MLM's Design

C3.2.3 Contractor's Design

C3.2.4 Drawings

C3.2.5 Design procedure C3.3 PROCUREMENT

C3.3.1 Preferential Procurement

C3.3.2 Subcontracting C3.4 CONSTRUCTION

C3.4.1 Works specifications

C3.4.2 Site establishment

C3.4.3 Plant & Materials

C3.4.4 Construction equipment

C3.4.5 Existing services

C3.4.6 Variations and additions to SABS 1200 Standardized specifications and particular specifications

C3.5 MANAGEMENT OF THE WORKS

C3.5.1 Generic Specification

C3.6 HEALTH AND SAFETY

C3.6.1 Health and Safety requirements and procedures

C3.6.2 Protection of the Public

C3.6.3 Barricades and lighting

C3.6.4 Traffic control on roads

C3.6.5 Measures against disease and epidemics

C3.6.6 Aids awareness

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C 3- page 1 Scope of Work

C3. STATUS

In the event of any discrepancy between the Scope of Works and a part or parts of the SABS 1200 Standardized Specifications, the Bill of Quantities or the Drawings, the Project Specifications shall take precedence and prevail in the Contract.

C3.1 DESCRIPTION OF THE WORKS C3.1.1 MLMS OBJECTIVES

The employer’s objectives are to deliver public infrastructure using labour-intensive methods with the aim of services delivery, job creation and poverty alleviation. The work entails the construction of a paved road to access Sibuyile Clinic. As part of the road construction, job creation will occur through the employment of local labourers, local subcontractors.

Labour-intensive works comprise the activities described in SANS 1921-5/Earthworks

activities which are to be performed by hand/Labour-Intensive Specification(1) and its associated specification data. Such works shall be constructed using local workers who are temporarily employed in terms of this scope of work.

Should any work or varied work not to be covered by any of the project or particular specifications, then the appropriate standardised specification from SABS 1200 shall apply. In the absence of such standardised specification, the Engineer shall issue the necessary specification.

C3.1.2 OVERVIEW OF THE WORKS

The work entails the construction of a 1,1Km block paved road. C3.1.3 EXTENT OF WORKS

The major items of work to be carried out under this contract include the following but is not limited to it:

Contractor's establishment of plant and supervisory staff on site.

Accommodation of traffic.

Clearing & Grubbing

Constructing the 1,1km road including but not limited to:

o Improvements in vertical and horizontal alignment

o Rip and Re-compact entire roadbed where applicable

o Construct various layers (150mm each) with a combination of cut and borrowed or commercially obtained material.

o Stabilized base.

o Pave road with Interlock block paving

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C 3- page 2 Scope of Work

o Road signs and markings as prescribed

o Stormwater channels and drains

Cleaning of site and general tidying up

De-establishment of equipment, housing, personnel etc. (iv) Services (1) exposing of existing services as directed by the Engineer (2) Protection of existing services. (3) Relocation of existing services.

This description of the Works is not necessarily complete and shall not limit the work to be carried out by the Contractor under this Contract.

C3.1.4 LOCATION OF THE WORKS

The study area is situated approximately 35km out of Nelspruit and can be accessed through to D2975. The approximate location for the community of Sibuyile road is:

Latitude: 25 09’ 44.0”S

Longitude: 31 08’ 08”E C3.1.5 TEMPORARY WORKS

The contractor is to make allowance for accommodation of traffic in accordance with the South African Road Traffic Signs Manual and the drawings contained in this document.

The contractor is to ensure that he obtains the necessary wayleaves and departmental approvals prior to commencing with any works within a road reserve or on public property.

PART C3 Scope of Work

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C 3- page 1 Scope of Work

C3.2 ENGINEERING C3.2.1 DESIGN (a) The Employer is responsible for the design of the permanent Works as reflected

in the Contract Documents unless otherwise stated. (b) The Contractor is responsible for the design of the temporary Works and their

compatibility with the permanent Works. (c) The Contractor shall SERVICES all details necessary to assist the Engineer in

the compilation of the as-built drawings. C3.2.2 MLM'S DESIGN The design norms and standards for the project were based as far as possible on the publications listed below:

Guidelines for the Engineering Services and Amenities (Red Book)

Guidelines for Human Settlement Planning Design

Mbombela Local Municipality applicable standards and specifications

The General Conditions of Contract for Works of Civil Engineering Construction,

First Edition (2010), issued by the South African Institute of Civil Engineers

Standardized SANS 2001 Series of Specifications for Civil Engineering

Construction.

C3.2.3 CONTRACTOR'S DESIGN

(a) The Contractor is responsible for the design of the temporary Works as reflected in the Contract Documents and to be clarified in the letter of acceptance unless otherwise stated. Designs shall be reviewed by the Engineer and approved by the Employer. Professional liability for the designs remains with the contractor’s design engineer. It is required that the contractors design engineer be professionally registered with the Engineering Council of South Africa (ESCA) and that he certify all drawings issued for construction.

(b) The Contractor is responsible for the design of the temporary Works and their

compatibility with the permanent Works. (c) The Contractor shall compile the as-built drawings which will be certified by the

professionally registered engineer.

Where the contractor is to responsible for the design of designated parts of the permanent Works or temporary Works he shall provide full working drawings supported by a professional engineer's design certificate.

C3.2.4 DRAWINGS

The Contractor shall use only the dimensions stated in figures on the Drawings in setting out the Works, and dimensions shall not be scaled from the Drawings, unless

PART C3 Scope of Work

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C 3- page 2 Scope of Work

required by the Engineer. The Engineer will, on the request of the Contractor in accordance with the provisions of the Conditions of Contract, provide such dimensions as may have been omitted from the Drawings.

The Contractor shall ensure that accurate as-built records are kept of all infrastructure installed or relocated during the contract. The position of pipe bends, junction boxes, duct ends and all other underground infrastructure shall be given by either co-ordinates, or stake value and offset. Where necessary, levels shall also be given. A marked-up set of drawings shall also be kept and updated by the Contractor. This information shall be supplied to the Engineer's Representative on a regular basis. All information in possession of the Contractor, required by the Engineer and/or the Engineer’s Representative to complete the as-built/record drawings, must be submitted to the Engineer's Representative before a Certificate of Completion will be issued. The Drawings prepared by the Employed for the permanent Works are listed The Employer reserves the right to issue amended and/or additional drawings during the Contract. The drawings listed hereunder, bound separately to this document, refer to the work described in this contract.

DRAWING REGISTER

ROAD LAYOUT MONDE/R/14/D01

LONGITUDINAL SECTION MONDE/R/14/D02

TYPICAL PAVEMENT DETAILS MONDE/R/14/D03

TYPICAL STORMWATER DETAILS MONDE/R/14/D04

These drawings are for bid purpose only and all design drawings, including detail drawings and standard detail drawings are to be approved by the employer prior to construction.

PART C3 Scope of Work

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C 3- page 3 Scope of Work

C3.2.5 DESIGN PROCEDURES The following design procedure (not in any order) must be following:

Wayleaves will need to be obtained from relevant authorities by the Engineer before any construction work can commence

Existing services must be located and shown on the drawings

Environmental and safety considerations

Any temporary works requirements, in order to protect the works as well as person and property that will be affected by the construction activities.

PART C3 Scope of Work

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C3.3.1

C3.3 PROCUREMENT C3.3.1 PREFERENTIAL PROCUREMENT C3.3.1.1 Requirements Refer to Form 2.3.3 C3.3.2 SUBCONTRACTING C3.3.2.1 Scope of mandatory subcontract works

In addition to the requirements of the General Conditions of Contract, the Contractor shall be responsible for all work carried out by sub-contractors on his behalf. The Engineer will not communicate directly with such sub-contractors. Problems related to payments, programming, workmanship, etc, shall be the concern of the Contractor and the sub-contractor, and the Engineer will not become involved in this regard. The Contractor shall approach the Project Steering Committee for assistance and advice regarding conditions of employment, minimum wages, disputes and disciplinary procedures in respect of local sub-contractors.

PART C3 Scope of Work

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C3.3.2

C3.3.2.2 Preferred subcontractors/suppliers

List of approved domestic subcontractors and suppliers, can be obtained from the Roads and Stormwater Services Section of the Municipal Infrastructure Department.

C3.3.2.3 Subcontracting procedures

The works cannot be subcontracted without prior approval by the Client. C3.3.2.4 Attendance on subcontractors Refer to Form 2.3.3

PART C3 Scope of Work

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C3.3.3

C3.4 CONSTRUCTION C3.4.1 WORKS SPECIFICATIONS C3.4.1.1 Applicable SABS 1200 Standardized Specifications

The following SABS 1200 Standardized Specifications for civil engineering construction are applicable: M : Roads (general) ME : Subbase MF : Base MK : Kerbing and channelling MM : Ancillary roadworks LB : Bedding (pipes) LC : Cable ducts LE : Stormwater drainage A : General AB : Engineers office C : Site clearance D : Earthworks DB : Earthworks (pipe trenches) DK : Gabions and pitching DM : Earthworks (roads, subgrade) GA : Concrete (small works) The term "project specification" must be replaced by "scope of works" wherever it appears in these standardized specifications.

C3.4.1.2 Particular Specifications

The following Particular Specifications for work not covered by the SABS 1200 Standardized Specifications are also included hereunder:

PA : Fencing Each Specification or Standard referred to in the Contract Documents but not bound therein shall be the latest edition or revision published by the date, which are six calendar months prior to the closing date for receipt of tenders.

C3.4.1.3 National and International Standards

No other standards are applicable

C3.4.1.4 Variations and Additions to the SABS 1200 Standardized Specifications

Variations and additions to the following SABS 1200 Standardized Specifications listed in C3.4.1 are given in section C3.4.6.

C3.4.2 SITE ESTABLISHMENT C3.4.2.1 Services and facilities provided by the Employer (a) Water sources

Potable water SERVICES available

PART C3 Scope of Work

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C3.3.4

Reticulated potable water SERVICES is available in the vicinity of the Site. The responsible water SERVICES authority in the area of the Site is MBOMBELA LOCAL Municipality. Should the Contractor, in complying with his obligations in terms of subclause C3.4.2.2(b): Water, wish to utilise such water SERVICES, he shall himself be responsible for making his own arrangements with the responsible water SERVICES authority for the SERVICES of all water that he may require from such reticulation network for construction purposes as well as for domestic consumption. If so required by the responsible water SERVICES authority, the Contractor shall further be responsible, at his own cost, for making or otherwise providing metered connections to the available services at the positions specified by the water authority, as well as for the removal of such connections on completion of the Contract. No warranty is offered or given by the Employer that the existing available reticulated water SERVICES will necessarily be adequate for the Contractor’s purposes nor that such SERVICES is in any way guaranteed.

(i) Alternative 1A

All charges as may be levied by the responsible water SERVICES authority in respect of water consumed by the Contractor shall be for the Contractor’s account and payment to the Contractor in respect thereof shall, in accordance with the provisions of subclause C3.4.2.2(b), be deemed to be included in the sums bidded by the Contractor for the various Preliminary and General items listed in the Schedule of Quantities, as well as in the rates bidded by the Contractor for the various other items listed in the Schedule of Quantities which require the consumption of water.

The Contractor shall, when reasonably required by the Engineer, produce documentary proof that all amounts as may have become due and payable by the Contractor to the responsible water authority have been promptly paid in full.

(b) Electricity SERVICES

(i) ALTERNATIVE 1 – Reticulated electrical SERVICES available

A reticulated electrical power SERVICES is available in the vicinity of the Site. The responsible electricity SERVICES authority in the area of the Site is Site is MBOMBELA LOCAL Municipality, Nelspruit.

PART C3 Scope of Work

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C3.3.5

Should the Contractor, in complying with his obligations in terms of subclause C3.4.2.2(c): Electricity, wish to avail himself of such SERVICES, he shall, in accordance with the provisions of subclause C3.4.2.2(c), and at his own cost, be responsible for making his own arrangements with the responsible electricity SERVICES authority for the SERVICES of all electrical power he may require from such reticulation network for construction purposes as well as for domestic consumption. If so required by the responsible electricity SERVICES authority, the Contractor shall, at his own cost, be responsible for making metered connections to the available services at the positions specified by the electricity SERVICES authority, as well as for the removal of such connections on completion of the Contract. No warranty is offered or given by the Employer that the existing available reticulated electrical power SERVICES will necessarily be adequate for the Contractor’s purposes nor that its SERVICES is in any way guaranteed. All charges as may be levied by the responsible electricity SERVICES authority in respect of electrical power consumed by the Contractor shall be for the Contractor’s account and payment to the Contractor in respect thereof shall, in accordance with the provisions of subclause C3.4.2.2(c), be deemed to be included in the sums bidded by the Contractor for the various Preliminary and General items listed in the Schedule of Quantities, as well as in the rates bidded by the Contractor for the various other items listed in the Schedule of Quantities which require the consumption of electricity.

The Contractor shall, when reasonably required by the Engineer, produce documentary proof that all amounts as may have become due and payable by the Contractor to the responsible electricity SERVICES authority have been promptly paid in full.

(c) Excrement disposal

(i) ALTERNATIVE 1 - Water-borne sewage disposal available

A reticulated water-borne sewage disposal system exists in the vicinity of the Site. The responsible sewage disposal authority is Site is MBOMBELA LOCAL Municipality, Nelspruit. Should the Contractor, in complying with his obligations in terms of subclause C3.4.2.2(d): Excrement disposal, wish to avail himself of such facility, he shall, in accordance with the provisions of subclause C3.4.2.2(d), and at his own cost, be responsible for making his own arrangements with the responsible disposal authority, and for making such connections he may require to the available services.

PART C3 Scope of Work

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C3.3.6

If so required by the responsible sewage disposal authority, the Contractor shall, at his own cost, be responsible for making connections to the available services at the positions specified by the sewage disposal authority, as well as for the removal of such connections on completion of the Contract. No warranty is offered or given by the Employer that the existing available reticulated water-borne sewage disposal will necessarily be adequate for the Contractor’s purposes nor that its operation is in any way guaranteed.

(ii) Alternative 1A

All charges as may be levied by the responsible sewage disposal authority in respect of the disposal of sewage generated by the Contractor shall be for the Contractor’s account and payment to the Contractor in respect thereof shall, in accordance with the provisions of subclause C3.4.2.2(d), be deemed to be included in the sums bidded by the Contractor for the various Preliminary and General items listed in the Schedule of Quantities. The Contractor shall, when reasonably required by the Engineer, produce documentary proof that all amounts that may have become due and payable by the Contractor to the responsible sewage disposal authority have been promptly paid in full.

(iii) Alternative 1B

No charges will be levied by the responsible sewage disposal authority in respect of sewage disposed of by the Contractor via the water-borne reticulation sewage disposal network.

(d) Area for contractor’s site establishment

Employer to make site available) A specific area in close proximity to or on the Site of the Works will be made available by the Employer to the Contractor for the Contractor’s site establishment. The specific area for the Contractor’s site establishment will be identified to the Contractor by the Engineer and the Contractor shall have sole use of such area, free of charge, for the duration of the Contract. The Contractor shall use this area only for the purposes of erecting his site offices, workshops, stores and other facilities required for the execution of the Contract. The Contractor shall not use the area nor allow it to be used for any purposes not directly associated with the execution of the Contract. The Contractor shall be responsible for arranging, at his own cost, for the provision of all services he may require in the area, as well as elsewhere on the Site. Should the Contractor deem the area made available by the Employer to be inadequate or unsuitable for the Contractor’s particular needs, then the Contractor shall be at liberty to make his own arrangements with the owners of other sites which he considers are better suited to his needs; provided

PART C3 Scope of Work

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C3.3.7

always that the use by the Contractor of any area other than that made available to him by the Employer shall be subject to the prior written approval of the Engineer, which approval shall not be unreasonably withheld; and provided further that the Contractor shall have no claim against the Employer in respect of any costs incurred by him, either directly or indirectly in consequence of utilising any area other than that made available to him by the Employer, and which costs exceed those costs allowed for by the Contractor in his Bid.

C3.4.2.2 Facilities provided by the Contractor

(a) Facilities for the Engineer

NB 1 The specification of the facilities required by/for the Engineer is usually dealt with in SABS 1200 AB: Engineer’s Office (and in PSAB of the Project Specifications). However, experience is that the requirements of SABS 1200 AB are generally so inappropriate to current requirements, that it is often more practical and convenient simply to omit the use of SABS 1200 AB, and specify the facilities required for the Engineer at this point in the Specifications.

2 It is recommended that SABS 1200 AB only be used where the Contractor is required to construct offices/laboratories for the Engineer (ie on larger projects only) and in this case the compiler must incorporate Project Specification PSAB of the Project Specifications.

3 When PSAB is not used, then all the specifications for each item to be provided by the Contractor must be given in these subclauses. Thus two (2) alternatives are provided for most subclauses below.

The Contractor shall provide on the Site, for the duration of the Contract and for the exclusive use of the Engineer and/or his Representative (as applicable), the various facilities described hereunder. All such facilities shall be provided promptly on the commencement of the Contract and failure on the part of the Contractor to provide any facility required in terms of this specification shall constitute grounds for the Engineer to withhold payment of the Contractor’s bidded Preliminary and General items until the facility has been provided or restored as the case may be.

(i) Office accommodation

ALTERNATIVE 2

No separate office is required for the Engineer or his Representative, but the Contractor must provide a suitable office desk with lockable drawers, an office chair and a lockable plan cupboard in one of his offices, for the exclusive use of the Engineer and his Representative. The Engineer and his Representative shall be allowed free use of all the Contractor's site facilities.

The Engineer and the Engineer's Representative shall be allowed free use of survey equipment and assistants to carry out control work as and when required, and the Contractor shall provide all pegs, concrete, tools

PART C3 Scope of Work

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C3.3.8

and other necessary items as well as all necessary labour for excavation, bush clearing, mixing and placing of concrete, as and when required for the control of the setting out of the Works.

(ii) Carports

ALTERNATIVE 2 No SABS 1200 AB

The Contractor shall provide on Site for the duration of the Contract, One(1) carports for the sole use of the Engineer and his staff. Each carport shall be constructed so that the vehicle parked under it is always protected against the direct rays of the sun. The carport area shall be at least 20 m² and the floor shall be covered with a layer of crushed stone to alleviate dusty and muddy conditions. The carport(s) shall be positioned so as to provide easy and convenient access to the Engineer’s office.

(iii) Site meeting venue (Compulsory, irrespective of whether PSAB is

used or not)

The Contractor shall provide within his own site establishment facilities, a suitably furnished office or other venue capable of comfortably accommodating a minimum of six (6) persons at site meetings. The Engineer shall be allowed free use of such venue for conducting any other meetings concerning the Contract at all reasonable times.

(iv) Contract nameboards (Compulsory)

ALTERNATIVE 2 No SABS 1200 AB

The Contractor shall provide, erect and maintain One(1) contract nameboards at such positions and locations directed by the Engineer, which nameboards shall, unless otherwise specified elsewhere in the Contract, comply with the recommendations for the standard board of the South African Association of Consulting Engineers, with regard to size, painting, decorating and detail, and the requirements described hereunder. Each nameboard shall be made of tempered hardboard with a thickness of at least 12 mm, so braced on the reverse side as to prevent warping and shall be mounted on two or more, as necessary, firmly planted poles. The painting of the boards shall comply with the relevant requirements of CKS 193 and the colours of the paints shall be an acceptable match to the applicable colours given in SABS 1091. The Contractor shall keep the contract nameboards in good state of repair for the duration of the Contract and shall remove them on completion of the Contract.

(v) Survey equipment and assistants

ALTERNATIVE 1

PART C3 Scope of Work

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C3.3.9

Use with SABS 1200 AB

Survey equipment

The Contractor shall, in accordance with the requirements of SABS 1200 AB (as amended) provide the following survey equipment for the exclusive use of the Engineer and his staff:

- 1 upright reading automatic level with tripod; - 1 metric levelling staff with protective cover bag; - 6 ranging rods; - 1 100 metre Stilon tape measure; - 1 ± 2 kg hammer.

Whenever reasonably required by the Engineer, the Contractor shall, in accordance with the requirements of SABS 1200 AB (as amended), make available to the Engineer or his representative, the following additional survey equipment:

- 1 tacheometer with tripod; - 1 survey staff for tacheometer; - 1 Distomat, complete with tripod, fully charged battery and

all appurtenant accessories.

Survey assistants

The Contractor shall, in accordance with the requirements of subclause 5.5 of SABS 1200 AB, make available to the Engineer, two (2) survey assistants.

All such survey equipment provided by the Contractor shall be in good condition, properly calibrated and fit for the purpose and shall be kept fully serviceable at all times by the Contractor at his own cost. The Contractor shall have any defective equipment repaired or replaced at his own cost within 12 hours after notification by the Engineer's staff. Where required by the Engineer, the Contractor shall at his own cost, promptly arrange for the recalibration of survey equipment provided.

(vi) Telephone facilities

ALTERNATIVE 2

The Contractor shall, for the duration of the Contract, provide the telephone facilities as specified hereunder for the exclusive use of the Engineer and his staff:

Telkom telephones

Subject to the availability of telephone lines, the Contractor shall, at his own cost, make all necessary arrangements with Telkom

PART C3 Scope of Work

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C3.3.10

for the provision of a complete direct and independent telephone service which is not connected to the Contractor’s telephone exchange. Such Telkom telephone service shall comprise:

- Exchange lines: Nil - Extensions: Nil

The Contractor shall advise Telkom promptly of any faults which develop in the telephone service and shall, in such circumstances, arrange for the earliest possible restoration of the said service. The Contractor shall ensure that the telephone account is promptly paid. The Contractor shall, on production of an itemised statement, be reimbursed only the cost of the Engineer’s telephone calls.

Cellphones

In addition to a Telkom telephone line and subject to satisfactory transmission and reception quality in the vicinity of the Site, the Contractor shall provide One(1) cellphones and associated service contracts from a reputable cellular service provider. The Contractor shall further insure the cellphones against loss or damage from whatever cause arising, and shall ensure that all cellphone accounts are promptly paid on the due dates for payment. The Contractor shall further, at his own cost, ensure the prompt repair of all cellphones provided under this clause, when reasonably required by the Engineer. The Contractor shall, on production of an itemised statement, be reimbursed only the cost of the Engineer’s cell-phone calls.

(vii) Computer facilities

Not required

(viii) Fax facilities

Not required

(ix) Electricity SERVICES for the Engineer

All electricity SERVICES to the Engineer’s office(s) and laboratory (if applicable), whether provided by the Contractor by way of a reticulated SERVICES from a local authority or other authorised electricity SERVICES, or by way of on-site generators, shall be regulated by the Contractor to within limits such as to prevent damage due to fluctuations in the electrical current SERVICES that may occur to any electrical plant and equipment provided by the Contractor or the Engineer. The Contractor shall be liable for and pay to the Engineer on demand, all costs that the Engineer may incur in the repair or replacement of any electrical equipment provided by the Engineer on the Site.

PART C3 Scope of Work

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C3.3.11

Reliance by the Contractor on the regulation of the electrical SERVICES by the supplier or on current regulators fitted to generators shall not absolve the Contractor of his liabilities in terms of this Subclause and, where appropriate, the Contractor shall provide and install at his own cost, all such electrical current-regulating equipment as is necessary to prevent damage to the said equipment.

(x) Site instruction book

The Contractor shall keep a triplicate book for site instructions on the Site at all times.

(xi) Housing for Engineer's Representative

The Engineer will provide housing for the Engineer's Representative. The housing and the relevant services and local authority rates and charges shall be paid by the Contractor on the written instruction of the Engineer, from a Prime Cost Sum included in Section 1200 A of the Schedule of Quantities for this purpose.

The Contractor is entitled to a percentage of the value of each payment to the Engineer to cover his expenses in this regard. (See item PSA 8.6.)

(b) Water

The Contractor shall, at his own expense, be responsible for obtaining and distributing all water as may be required for the purposes of executing the Contract, including water for both construction purposes and domestic use, as well as for making all arrangements in connection therewith. The Contractor shall further, at his own expense, be responsible for providing all necessaries for procuring, storing, transporting and applying water required for the execution of the Contract, including but not limited to all piping, valves, tanks, pumps, meters and other plant and equipment, as well as for all work and superintendence associated therewith. The sources of all water utilised for the purposes of the Contract shall be subject to the prior approval of the Engineer, which approval shall not be unreasonably withheld. The Contractor shall comply with all prevailing legislation in respect of drawing water from natural and other sources and shall, when required by the Engineer, produce proof of such compliance. The distribution of water shall be carried out by the Contractor strictly in accordance with the applicable laws and regulations. All water provided by the Contractor for construction purposes shall be clean, free from undesirable concentrations of deleterious salts and other materials and shall comply with any further relevant specifications of the Contract. The Contractor shall, whenever reasonably required by the Engineer, produce test results demonstrating such compliance. Water provided by the Contractor for human consumption shall be healthy and potable to the satisfaction of the health authorities in the area of the Site.

PART C3 Scope of Work

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C3.3.12

No separate payment will be made to the Contractor for the obtainment, distribution and consumption of water, the costs of which will be deemed to be included in the Contractor’s bidded rates.

(c) Electricity

The Contractor shall, at his own expense, be responsible for obtaining and distributing all electricity as he may require for the purposes of executing the Contract, including electricity for both construction purposes and domestic use, as well as for making all arrangements in connection therewith. The distribution of electricity shall be carried out by the Contractor strictly in accordance with the applicable laws and regulations. No separate payment will be made to the Contractor for the obtainment, distribution and consumption of electricity, the costs of which will be deemed to be in the Contractor’s bidded rates and prices.

(d) Excrement disposal

(ii) ALTERNATIVE 2: Disposal on site allowed

The Contractor shall, at his own expense, be responsible for safely and hygienically dealing with and disposing of all human excrement and similar matter generated on the Site during the course of the Contract, to the satisfaction of the Engineer and the responsible health authorities in the area of the Site. The Contractor shall further comply with any other requirements in this regard as may be stated in the Contract. No separate payment will be made to the Contractor in respect of discharging his obligations in terms of this subclause and the costs thereof shall be deemed to be included within the Contractor’s bidded Preliminary and General Items.

C3.4.2.3 Site usage

During the process of the work and upon completion thereof, the Site of the Works shall be kept and left in a clean and orderly condition. The Contractor shall store materials and equipment for which he is responsible in and orderly manner, and shall keep the Site free from debris and obstructions.

An item for the operating of a first aid and medical service as described by the Contractor is scheduled. The sum for this item shall include the cost.

C3.4.2.4 Permits and wayleaves

Compiler: Provide relevant information or delete. An example is as follows:

The Contractor shall be responsible to obtain all the wayleave required under this Contract. A separate payment item has been included under Section 1200 A of the Schedule of Quantities to compensate the Contractor for all his expenses to obtain the wayleave.

PART C3 Scope of Work

CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C3.3.13

The wayleave to be obtained by the Contractor consists mainly of the following:

The Employer shall be responsible to obtain all the wayleave required for this Contract.

The wayleave to be obtained by the Employer consists of but is not limited to the following: MBOMBELA LOCAL Municipality Water Department Mbombela Local Municipality Electricity Department Mbombela Local Municipality Roads and Storm water Department Eskom Telkom

C3.4.2.5 Features requiring special attention

(a) Site maintenance

During progress of the work and upon completion thereof, the Site of the Works shall be kept and left in a clean and orderly condition. The Contractor shall store materials and equipment for which he is responsible in an orderly manner, and shall keep the Site free from debris and obstructions.

(b) Testing and quality control

(I) CONTRACTOR TO ENGAGE SERVICES OF AN INDEPENDENT LABORATORY

Notwithstanding the requirements of the Specifications pertaining to testing and quality control, the Contractor shall engage the services of an approved independent laboratory to undertake all testing of materials, the results of which are specified in, or may reasonably be inferred from, the Contract. These results will be taken into consideration by the Engineer in deciding whether the quality of materials utilised and workmanship achieved by the Contractor comply with the requirements of the Specifications. The aforegoing shall apply irrespective of whether the specifications indicate that the said testing is to be carried out by the Engineer or by the Contractor.

The Contractor shall be responsible for arranging with the independent testing laboratory for the timeous carrying out of all such testing specified in the Contract, at not less than the frequencies and in the manner specified. The Contractor shall promptly provide the Engineer with copies of the results of all such testing carried out by the independent laboratory. For the purposes of this clause, an "independent laboratory" shall mean an "approved laboratory" (as defined in subclause PSA 7.2) which is not under the management or control of the Contractor and in which the Contractor has no financial interest, nor which has any control or financial interest in the Contractor.

(II) ADDITIONAL TESTING REQUIRED BY THE ENGINEER

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In addition to the provisions of subclause C3.4.2.5(b)(i): Contractor to engage services of an independent laboratory, the Engineer shall be entitled at times during the Contract to require that the Contractor arrange with the independent laboratory to carry out any such tests, additional to those described in subclause C3.4.2.5(b)(i), at such times and at such locations in the Works as the Engineer shall prescribe. The Contractor shall promptly and without delay arrange with the independent laboratory for carrying out all such additional testing as required by the Engineer, and copies of the test results shall be promptly submitted to the Engineer.

(III) COSTS OF TESTING

(a) Tests in terms of subclause C3.4.2.5(c)(i)

The costs of all testing carried out by the independent laboratory in accordance with the requirements of subclause C3.4.2.5(c)(i), above shall be borne by the Contractor and shall be deemed to be included in the bidded rates and prices for the respective items of work as listed in the Schedule of Quantities and which require testing in terms of the Specifications. No separate payments will be made by the Employer to the Contractor in respect of any testing carried out in terms of subclause C3.4.2.5(c)(i).

Where, as a result of the consistency of the materials varying or as a result of failure to meet the required specifications for the work, it becomes necessary to carry out additional tests (eg re-tests on rectified work and/or replacement materials), the costs of such additional testing shall be for the Contractor’s account.

(b) Additional tests required by the Engineer

The costs of any additional tests required by the Engineer in terms of subclause C3.4.2.5(b)(i): Additional testing required by the Engineer, shall be reimbursed to the Contractor against substitution of the Provisional Sum allowed therefore in the Schedule of Quantities; provided always that the costs of any such additional tests ordered by the Engineer, the results of which indicate that the quality of the materials utilised and/or the standard of workmanship achieved are/is not in accordance with the specifications, shall not be reimbursable to the Contractor.

(c) Subcontractors

All matters pertaining to subcontractors (including Nominated Subcontractors) and the work executed by them shall be dealt with directly between the Engineer and the Contractor in the context of all subcontract work being an integral part of the Works for which the Contractor is responsible.

The Engineer will not liaise directly with any subcontractors nor will he issue instructions concerning the subcontract works directly to any subcontractor. All matters arising from the subcontract agreements shall be dealt with directly between the Contractor and the subcontractors and the Engineer will not become involved.

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(d) Opening up and closing down of designated borrow pits

Measurement and payment for opening up and closing down designated borrow pits, including removing and stockpiling overburden and restoring the Site, shall be made under item 8.3.4 of SABS 1200 D. This item applies to all borrow material required under this Contract. The requirements of subclause 5.2.2.2 of SABS 1200 D regarding the opening up, maintenance and closing down of borrow pits shall be adhered to.

(e) Access to properties

The Contractor shall organise the work to cause the least possible inconvenience to the public and to the property owners adjacent to or affected by the work, and except as hereunder provided, shall at all times provide and allow pedestrian and vehicular access to properties within or adjoining or affected by the area in which he is working. In this respect the Contractor's attention is drawn to Clause 17.1 of the Conditions of Contract. If, as a result of restricted road reserve widths and the nature of the work, the construction of bypasses is not feasible, construction shall be carried out under traffic conditions to provide access to erven and properties. Notwithstanding the aforegoing, the Contractor may, with the prior approval of the Engineer (which approval shall not be unreasonably withheld), make arrangements with and obtain the acceptance of the occupiers of erven and properties to close off part of a street, road, footpath or entrance temporarily, provided that the Contractor duly notifies the occupiers of the intended closure and its probable duration, and reopens the route as punctually as possible. Where possible, such streets, roads, footpaths and entrances shall be made safe and reopened to traffic overnight. Such closure shall not absolve the Contractor from his obligations under the Contract to provide access at all times. Barricades, traffic signs, drums and other safety measures appropriate to the circumstances shall be provided by the Contractor to suit the specific conditions.

(f) Existing residential areas

Electricity and water SERVICES interruptions in existing residential areas shall be kept to a minimum. The Engineer's approval shall be obtained prior to such interruptions and residents shall be notified in writing at least 24 hours but not more than 48 hours in advance. Supplies shall be normalised by 16:00 on the same day.

(g) Labour-intensive competencies of supervisory and management staff

Contractor having a CIDB contractor grading designation of 5CE and higher shall only engage supervisory and management staff in labour intensive works who have either completed, or for the period 1 April 2004 to 30 June 2006, are registered for training towards, the skills programme outlined in Table 1. The managing principal of the contractor, namely, a sole proprietor, the senior partner, the managing director or managing member of a close corporation, as relevant, having a contractor grading designation of 1CE, 2CE, 3CE and

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4CE shall have personally completed, or for the period 1 April 2004 to 30 June 2006 be registered on a skills programme for the NQF level 2. All other site supervisory staff in the employ of such contractors must have completed, or for the period 1 April 2004 to 30 June 2006 be registered on a skills programme, for the NQF level 2 unit standards or NQF level 4 unit standards.

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Table 1: Skills programme for supervisory and management staff

Personnel NQF level Unit standard titles Skills programme description

Team leader / supervisor

2

Apply Labour-intensive Construction systems and Techniques to Work Activities

This unit standard must be completed, and

Use Labour-intensive Construction Methods to Construct and Maintain roads and Stormwater Drainage

Use Labour -intensive Construction Methods to Construct and Maintain Water and Sanitation Services

one of these 3

unit standards be used

Use Labour-intensive Construction methods to Construct, Repair and Maintain Structures

Foreman / supervisor

4 Implement Labour-intensive Construction systems and Techniques

This unit standard must be completed, and

Use Labour-intensive Construction Methods to Construct and Maintain Roads and Stormwater Drainage

Use Labour-intensive Construction Methods to Construct and Maintain Water and Sanitation Services

any one of

these 3 unit standards be used

Use Labour-Intensive Construction

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Personnel NQF level Unit standard titles Skills programme description

Methods to Construct, Repair and Maintain Structures

Site Agent / Manager (ie the contractor's most senior representative who is resident on the site)

5 Manage Labour-intensive Construction Processes

Skills Programme against this single unit standard

LOCAL LABOUR AND TRAINING

The Bidder shall limit the utilisation of his permanently employed personnel to Key Personnel, such as Bids Managers, Site Agents, Foremen, Supervisors, Plant Operators, Materials and Survey Technicians, Trainers, Buyers, Storemen and the like should such expertise not be available out of the community. All other personnel and labourers shall be recruited locally The Bidder shall make maximum use of the human resources existing in the local community. The bidders shall apply to the employment labour desk, conveyed by the Steering Committee for details of those labourers who are available in the area of work and he shall provide preference to those labourers identified by the Steering Committee.

Formal structured skills training of labour in certain fields have been done. The bidder shall utilise trained labour in all instances. The employment of labour from outside the local area will only be considered and permitted by the Engineer in the event of: a) the unavailability of sufficient numbers of local labourers to execute the work; b) the unavailability within the local community of the required skills

necessary for the execution of specific portion of work, and where the completion period does not permit the creation of the necessary skills through training.

In both cases the Bidder shall prove to the satisfaction of the Engineer that he has exercised his best endeavours and taken all reasonable actions to recruit local labour.

The bidder shall maintain accurate and comprehensive daily records of all labour engaged on the bid and shall submit to the Engineer at two weekly intervals detailed labour returns substantiating the actual numbers of labourers employed, the amounts actually paid in respect thereof, and details of the various activities undertaken by the labourers.

The employment of casual labour will be done in co-operation with community leaders and local structures. The bidder shall ensure that all remuneration paid to employees is in line with the relevant sectorial determination in terms of the Basic Conditions of Employment Act, No 75 of 1997, as determined by the Department of Labour.

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(j) Monthly statements and payment certificates

The statement to be submitted by the Contractor in terms of Clause 49 of the Conditions of Contract shall be prepared by the Contractor at his own cost, strictly in accordance with the standard payment certificate prescribed by the Engineer, in digital electronic computer format. The Contractor shall, together with a copy of the digital electronic computer file of the statement, submit two (2) A4 size paper copies of the statement.

For the purposes of the Engineer’s payment certificate, the Contractor shall subsequently be responsible, at his own cost, for making such adjustments to his statement as may be required by the Engineer for the purposes of accurately reflecting the actual quantities and amounts which the Engineer deems to be due and payable to the Contractor in the payment certificate. The Contractor shall, at his own cost, make the said adjustments to the statement and return it to the Engineer within three (3) normal workings days from the date on which the Engineer communicated to the Contractor the adjustments required. The Contractor shall submit to the Engineer five (5) sets of A4 size paper copies of such adjusted statement, together with a copy of the electronic digital computer file thereof. Any delay by the Contractor in making the said adjustments and submitting to the Engineer the requisite copies of the adjusted statement for the purposes of the Engineer’s payment certificate will be added to the times allowed to the Engineer in terms of Subclause 49.4 of the Conditions of Contract to submit the signed payment certificate to the Employer and the Contractor. Any such delay will also be added to the period in which the Employer is required to make payment to the Contractor.

(k) Construction in restricted areas

Working space is sometimes restricted. The construction method used in these restricted areas largely depends on the Contractor's Plant. Notwithstanding, measurement and payment will be strictly according to the specified cross-sections and dimensions irrespective of the method used, and the rates and prices bidded will be deemed to include full compensation for any difficulties encountered by the Contractor while working in restricted areas. No extra payment nor any claim for payment due to these difficulties will be considered.

(l) Notices, signs, barricades and advertisements

All notices, signs and barricades, as well as advertisements, may be used only if approved by the Engineer. The Contractor shall be responsible for their SERVICES, erection, maintenance and ultimate removal and shall make provision for this in his bidded rates. The Engineer shall have the right to instruct the Contractor to move any sign, notice or advertisement to another position, or to remove it from the Site of the Works if in his opinion it is unsatisfactory, inconvenient or dangerous.

(m) Workmanship and quality control

The onus to produce work that conforms in quality and accuracy of detail to the requirements of the Specifications and Drawings rests with the Contractor,

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and the Contractor shall, at his own expense, institute a quality control system and provide suitably qualified and experienced engineers, foremen, surveyors, materials technicians, other technicians and technical staff, together with all transport, instruments and equipment to ensure adequate supervision and positive control of the Works at all times.

The cost of supervision and process control, including testing carried out by the Contractor, will be deemed to be included in the rates bidded for the related items of work. The Contractor's attention is drawn to the provisions of the various Standardized Specifications regarding the minimum frequency of testing required. The Contractor shall, at his own discretion, increase this frequency where necessary to ensure adequate control. On completion and submission of every part of the work to the Engineer for examination and measurement, the Contractor shall furnish the Engineer with the results of the relevant tests, measurements and levels to demonstrate the achievement of compliance with the Specifications.

C3.4.2.6 Extension of time due to abnormal rainfall

NOTE: 1 ALTERNATIVE 1 (Rainfall formula) should be used for projects where all the Works are to be executed "out of doors" (ie in the open) where all or most of the Works will be affected by rain, and where historical rainfall data is available.

2 ALTERNATIVE 2 (Critical path method) should be used where historical rainfall records are not available and/or where significant portions of the Works are to be executed in the dry and will not be delayed by rainfall. Note also that when Alternative 2 (Critical path method) is used, then compilers must ensure that a critical path programme is called for.

3 ALTERNATIVE 3 (No extension of time for rainfall) should be used with caution. Normally this alternative will only be used where all the Works are to be executed under cover and will not be affected by rainfall and wet climatic conditions.

ALTERNATIVE 1 (Rainfall formula)

(a) Extension of time in respect of delays resulting from wet climatic conditions on

the Site will only be considered in respect of abnormally wet climatic conditions and shall be determined for each calendar month or part thereof, in accordance with the formula given below: V = (Nw - Nn) + (Rw - Rn)/X in which formula the symbols shall have the following meanings: V = Potential extension of time in calendar days for the calendar month

under consideration: If V is negative and its absolute value exceeds Nn, then V shall be taken

as equal to minus Nn. When the value of V for any month exceeds the number of days in the

particular month, V will be the number of days in the month.

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Nw = Actual number of days in the calendar month under consideration on which a rainfall of Y mm or more was recorded on the Site

Nn = Average number of days, derived from existing records of rainfall in the

region of the Site, on which a rainfall of Y mm or more was recorded for the calendar month

Rw = Actual rainfall in mm recorded on the Site in an approved rain

gauge for the calendar month under consideration Rn = Average rainfall in mm for the calendar month, derived from existing

records of rainfall in the region of the Site The factor (Nw - Nn) shall be deemed to be a fair allowance for variations from the average number of days during which the rainfall exceeds Y mm. The factor (Rw - Rn)/X shall be deemed to be a fair allowance for variations from the average number of days during which the rainfall did not exceed Y mm but wet conditions prevented or disrupted work.

(b) The rainfall records at nearest rainfall station reproduced in the accompanying

table, and the monthly averages (Rn and Nn) for this period shall, for the purposes of this Contract be taken as normal and as the values to be substituted for Rn and Nn in the formula above. The values of X and Y shall be 20 and 10 respectively.

The potential extension of time V has been calculated for each month and year of the period concerned to indicate the possible effect of the rainfall formula. The values of V were obtained by applying the rainfall formula and using the actual rainfall figures and the calculated values of Rn and Nn indicated in the table.

(c) The Contractor shall, at his own cost, provide and erect on the Site at a location

approved by the Engineer, an approved rain gauge, which shall be fenced off in a manner which will prevent any undue interference by workmen and others. The Contractor shall, at his own cost, arrange for the reading of the rain gauge on a daily basis for the duration of the Contract. The gauge readings, as well as the date and time at which the reading was taken shall be recorded in a separate record book provided by the Contractor for this purpose. All entries in the rainfall

record books shall be signed by the person taking the reading and the gauge shall be properly emptied immediately after each reading has been taken. If required by the Engineer, the Engineer shall be entitled to witness the reading of the gauge.

(d) The Contractor’s claims in terms of Subclause 42.2 of the Conditions of Contract

for extension of time in respect of delays resulting from wet climatic conditions on the Site during each month, shall be submitted in writing to the Engineer monthly;

provided always that (i) the period allowed to the Contractor in terms of Clause 48 of the Conditions

of Contract in which to submit his claim for each month shall be reduced to seven (7) days, calculated from the last day of the month to which the claim applies; and

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(ii) the 28-day period allowed to the Engineer in terms of Subclause 42.2 of the Conditions of Contract in which to give his ruling on the claim, shall be reduced to fourteen (14) days.

The Contractor’s monthly claim shall be accompanied by a copy of the signed daily rainfall readings for the applicable month.

(e) The extent of any extension of time which may be granted to the Contractor in respect of wet climatic conditions (whether normal or abnormal) shall be determined as the algebraic sum of the "V" values for each month between the Commencement Date and the Due Completion Date of the Contract, calculated in accordance with subclause C3.4.2.6(a) above; provided always that (i) rainfall occurring within the period of the Contractor’s Christmas shut-down

period (referred to in Subclause 1.6 of the Conditions of Contract) shall not be taken into account in the calculation of the monthly "V" values;

(ii) rainfall occurring during any period during which the Contractor was delayed

due to reasons other than wet climatic conditions on the Site, and for which delay an extension of time is granted by the Engineer, shall not be taken into account in the calculation of the monthly "V" values;

(iii) if the algebraic sum of the "V" values for each month is negative, the

time for completion will not be reduced on account of subnormal rainfall, and (iv) where rainfall is recorded only for part of a month, the "V" value shall be

calculated for that part of the month using pro rata values for Nn and Rn.

(f) The Engineer shall, simultaneous with granting any extension of time in terms of this clause, revise the Due Completion Date of the Contract to reflect an extension of time having been granted in respect of wet climatic conditions, to the extent of the algebraic sum of all the "V" values for all the preceding months of the Contract, less the aggregate of the "Nn" values for the remaining (unexpired) months of the Contract (viz less aggregate of the potential maximum negative "V" values for the remaining Contract Period). Thus, provided that where such period is negative, the Due Completion Date shall not be revised.

(e) Any extension of time in respect of wet climatic conditions granted in terms of this

clause shall not be deemed to take into account delays experienced by the Contractor in repairing or reinstating damage to or physical loss of the Works arising from the occurrence of abnormal climatic conditions. Extension of time in respect of any such repairs or reinstatement regarding damage shall be the subject of a separate application for extension of time in accordance with the provisions of Clause 42 and Clause 48 of the Conditions of Contract.

RAINFALL TABLE

If no suitable rainfall records are available, the above formula will not apply. Y = 10 mm/24 hour day X = 20 mm

STATISTICAL INFORMATION:

Month Average Rainfall (mm) Ave Rain Days

JAN 104.5 17

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FEB 96.8 13

MAR 91.5 11

APR 64.6 10

MAY 5.1 3

JUN 9.6 2

JUL 8.7 2

AUG 6.9 3

SEP 16.6 5

OCT 50 13

NOV 104.2 16

DEC 112.4 17

Total 670.9 112

(e) Extension of time, if granted by the Engineer, will be determined as the aggregate

number of normal working hours for which all progress on the item or items on the critical path was brought to a halt as a result of wet climatic conditions, less the number of normal working days specified in subclause (d) above.

(f) In determining the revised Due Completion Date of the Contract, the Engineer

shall add the equivalent number of normal working days delay determined in accordance with subclause (e) and all intervening normal non-working days to the prevailing Due Completion Date.

C3.4.3 PLANT AND MATERIALS C3.4.3.1 Plant and materials supplied by the employer The Employer shall not supply any plant of materials. C3.4.3.2 Materials, samples and shop drawings

(a) Samples

Materials or works which do not conform to the approved samples submitted in terms of Subclause 23.4 of the Conditions of Contract will be rejected. The Engineer reserves the right to submit samples to tests to ensure that the material represented by the sample meets the specification requirements.

The costs of any such tests conducted by or on behalf of the Engineer, the results of which indicate that the samples provided by the Contractor do not conform to the requirements of the Contract, shall, in accordance with the provisions of Subclause 23.7 of the Conditions of Contract, be for the Contractor’s account.

C3.4.4 CONSTRUCTION EQUIPMENT C3.4.4.1 Requirements for equipment

The contractor is to provide equipment as necessary to successfully complete the works as issued under the letter of acceptance and letters of instruction of proceed as detailed in the document.

C3.4.4.2 Equipment provided by the employer

The Employer shall not supply any equipment.

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C3.4.5 EXISTING SERVICES C3.4.5.1 Known services

It is been noted that construction work will be done adjacent to or traversing services.

Prior to commencement of any constructional work in the aforesaid affected area,

the Contractor shall satisfy the Engineer that all necessary precautions with respect

to setting out procedures have been taken by the Contractor to evade the existing

services.

The Contractor shall exercise all due care during the course of construction to ensure

that no damage is caused to existing overhead and buried services in the area,

regardless of whether the service is visible of not.

Damage to services where these could reasonably have previously been detected

shall be made good at the expense of the Contractor. Should services be detected

which are not shown on the Drawings, the Contractor shall record the position of each

of these and take all precautions necessary to ensure that the services will not be

damaged.

In all cases the Contractor shall indemnify the Employer against any claims which may arise as a result of damage or disruption to services caused by reason of his/her works. The contractor should consult the relevant municipal department in order to obtain information as to the location of known service. There are no guarantees provided as the accuracy of information provided by the relevant service providers and the contractor accept the risk associated therewith.

C3.4.5.2 Treatment of existing services

The location, protection and relocation of existing services form an integral part of this contract.

Prior to commencement of any diversion of services, the Contractor shall satisfy the Engineer that all necessary precautions with respect to the diversion have been taken by the Contractor.

No guarantee as to the accuracy of the information can be given and the responsibility lies with the contractor to determine the exact positions of all existing services. Before any work is commenced, the contractor shall contact all private owners or public authorities controlling services so that they may either protect, move or relocate any services as required, or confirm that all such work has been completed.

C3.4.5.3 Use of detection equipment for the location of underground services

It is recommended that the contractor use detection equipment for the location of underground services. Prior to commencement of any detection equipment being used, the Contractor shall satisfy the Engineer that all necessary precautions with respect to pipe location have been taken by the Contractor.

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C3.4.5.4 Damage to services

Any damage of these services as a result of acts by the contractor, his sub-contractors or their respective employees, shall be repaired at the contractor’s expense.

C3.4.5.5 Reinstatement of services and structures damaged during construction

Wherever, for the proper construction of the works, any telephone or electricity line or poles, or any water supply pipes, conduits, electric cables, sewers, drains or any other services are required to be removed or relocated, or where any of these services requires to be repaired as a result of damage by the contractor or otherwise, the contractor shall immediately advise the Engineer thereof, and further notify the responsible authorities concerned in order that such work as is necessary be undertaken by such authorities. The Engineer will also decide the extent of the work, if any to be undertaken by the contractor in removing, relocating or repairing such services.

C3.4.6 VARIATIONS AND ADDITIONS TO SANS 1921 STANDARDIZED

SPECIFICATIONS AND PARTICULAR SPECIFICATIONS The following parts of SANS 1921 Construction works standards and associated specification

data are applicable to the works:

1) SANS 1921-1:2004

2) SANS 1921-2:2004

3) SANS 1921-6:2004

The abovementioned South African National Standards make several references to the

Specification Data for data, provisions and variations that make these standards applicable to

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

ambiguity or inconsistency between it and these standards.

Each item of Specification Data given below is cross-referenced to the clause in the standard

to which it mainly applies.

The associated Specification Data is as follows:

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

1: General engineering and construction works

Clause Specification data

Essential data

3.3.2 There are no requirements for drawings, information and calculations for which

the contractor is responsible

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

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

following:

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format of programme,

critical path activities and their dependencies,

frequency of updating,

3.3.5 The notice period for inspection is 5 Days

3.3.6 The over break allowances for blasting are provided for in the scope of work.

3.3.7 The trees and shrubs which are not to be disturbed are identified in the scope of

work.

3.3.8 The samples of materials, workmanship and finishes that the contractor is to

provide and deliver to the employer are:

1)concrete works

2) pressure testing results done.

3.3.8 The office accommodation, equipment, accommodation for site meetings and

other facilities for use by the employer and his agents are:

1) Site office which shall be used for site meetings and for the contractor’s use.

Such an office shall comprise a minimum of 20m² in area and 3 m high, be

ventilated, have good lamination, must be reasonably sound proof, and have a

hard floor construction. It shall be furnished with a desk on which drawings can be

rolled open and on which there is sufficient writing space and sufficient temporary

chairs or benches to accommodate all persons present at site meetings.

3.3.9 The Contractor is required to provide latrine and ablution facilities.

3.3.10 The requirements for the provision and erection of separate sign boards for

consultants and subcontractors are:

1) The boards must comply with the official standard type signboard of the

Employer and be at least 2750 x 1800 mm high.

2) The boards must be constructed with a firm flat exposed face using suitable

material of firm construction, painted and lettered according to the standard

drawings available from the Employer on request and mounted on sturdy pipe-

standards at a height of 1800 mm above natural ground level.

3.3.10 The requirements for the termination, diversion or maintenance of existing

services are:

1) Water

2) Electricity

3) Sanitation

3.3.11 Services which are known to exist on the site are:

1) Water

2) Sanitation

3) Electricity

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3.3.12 Additional clauses

1 Site meetings and procedures

The Employer’s Representative and the Contractor shall hold meetings relating to the

progress of the works at regular intervals and at other such times as may be necessary.

The Contractor shall attend all site meetings and shall ensure that all persons under his

jurisdiction are notified timeously of all site meetings should the Employer’s

Representative require their attendance at such meetings.

The Contractor shall keep on site a set of minutes of all site meetings, daily records of

resources (people and equipment employed), a site instruction book, a complete set of

contract working drawings and a copy of the procurement document and make these

available at all reasonable times to all persons concerned with the contract.

2 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.

3.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.

3.3.13 Particular / generic specifications

The management of the site shall be in accordance with the provisions of the COLTO

Standard Specification for Road and Bridge Works for State Authorities (1998 edition),

obtainable from the South African Institution of Civil Engineering.

3.3.14 Recording of weather

The Contractor shall erect an effective rainfall gauge on the site and record the daily

rainfall figures in a book. Such book shall be handed to the employer’s representative

for his signature no later than 12 days after rain that is considered to justify an

extension of time occurs.

3.3.15 Unauthorised persons

The Contractor shall keep unauthorized persons from the works at all times Under no

circumstances may any person except guards be allowed to sleep on the building site.

3.3.16 Management meetings

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Site meetings will be held on monthly basis. The following parties are required to attend

these meetings: the Employer’s Representative, the Engineer and/or Representative,

the Contractor and/or Representative, the Community Liaison Officer, the Health and

Safety Officer and all members of the Project Steering Committee.

3.3.17 Forms for contract administration

These forms will be issued to the Contractor as required.

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C3.3.29

3.3.18 Electronic payments

Proof of all electronic payments must on request be supplied to the Employer.

3.3.19 Daily records

All accidents and incidents shall be recorded daily in a site diary. Apart from the site

diary the Contractor shall provide a site instruction notebook for use by the Engineer.

The notebook shall be signed by both the Engineer and the Contractor whenever a site

instruction is issued by the Engineer.

3.3.20 Payment certificates

Contractor to submit claims for the work done. All claims are subjected to verification

by the Engineer.

3.3.21 Permits

Contractor to ensure that no unauthorised persons are permitted to site.

3.3.22 Proof of compliance with the law

Contractor to submit copies of the CIDB Registration and the Company Registration

Certificates.

C3.1. DRAWING DESCRIPTIONS

The following drawings are applicable to the contract:

3.4.1 Key plans

All key plans for this type of project are included in the tender document as “Part C.5

Drawings”.

3.4.2 Typical details

All typical details for this type of project are included in the tender document as “Part

C.5 Drawings”.

3.4.3 Civil engineering drawings

The drawings used for setting up the Bills of Quantities are as indicated above.

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C3.4.1

C3. PROJECT SPECIFICATION

SCOPE

The numbering method in portion 2 of this project specification deviates as follows from the

method suggested in be the Standard Specifications of Road and Bridge Works, 1998,

issued by the Committee of State Road Authorities (COLTO).

Each clause with the prefix B shall refer to the congruent clause in the appropriate section

of the standardised or particular specification. Such clause shall either substitute, or

supplement, or amend the clause with the same number. Where there is no such congruent

clause in the standardised or particular specification, the B clause shall be a new clause in

the project specification. Any clause that is referred to in the standardised specification will

also include the appropriate project specification.

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C3.4.2

PROJECT SPECIFICATION

SECTION 1200: GENERAL REQUIREMENTS AND PROVISIONS

B 1204: PROGRAMME OF WORK

Replace the first paragraph with the following:

“A network based programme in accordance with the precedence method shall be provided,

showing the various activities and critical path in such detail as the engineer may require.

The programme shall be updated monthly in accordance with the progress made by the

contractor. Failure to comply with these requirements entitles the engineer to use a

programme based on his own assumptions to evaluate claims for extension of time for

completion of works, or for additional compensation.”

B 1205: WORKMANSHIP AND QUALITY CONTROL

Add the following to the third paragraph:

“The engineer shall, however, undertake acceptance control tests for the judgement of

workmanship and quality, without accepting any obligations vested with the contractor in

terms of the contract with specific reference to quality of materials and workmanship. Such

acceptance control tests done by the engineer shall not relieve the contractor of his

obligations to maintain his own quality control system.”

Add the following at the end of this clause:

"The engineer shall, for the purpose of acceptance control on products and workmanship,

assess test results and measurements in accordance with the provisions of section 8300 of

the standard specifications. Where small quantities of work are involved, a lot shall mean a

full day's production for a specific item of work subject to acceptance control testing."

B 1209: PAYMENT

b) Rates to be inclusive

Add the following to the first paragraph:

“VAT shall be excluded from the rates and provided for as a lump sum in the Summary of

Schedule of Quantities.”

e) Materials on the site

Add the following:

"In addition, the engineer may at his sole discretion also allow payments under "Materials on

Site" in respect of any construction materials if stored off-site providing that:

(i) The site selected for this purpose is approved by the engineer

(ii) Such land is physically separated from any production plant or operation

(iii) Only materials for use under this contract is stockpiled on such land

(iv) The contractor has provided proof of an agreement with the owner of such land that the

owner has no claim whatsoever on any materials stockpiled on such land

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C3.4.3

(v) Materials obtained by the contractor for or on behalf of emerging subcontractors (SMME's) shall remain the responsibility of the contractor after payment has been made in respect of materials on site.”

B 1213: VARIATION FROM SPECIFIED NOMINAL RATES OF APPLICATION OR

NOMINAL MIX PROPORTIONS

Add the following to the first paragraph:

“Tenderers shall, for the purpose of determining tender rates, take note that the nominal

rates of application and/or nominal mix proportions of a number of products and/or materials,

and especially bituminous products and materials, are amended in these project

specifications. The tenderer shall adjust his tender in accordance to these project

specifications.”

B 1217: PROTECTION OF THE WORKS AND REQUIREMENTS TO BE MET BEFORE

CONSTRUCTION OF NEW WORK ON TOP OF COMPLETED WORK IS

COMMENCED

Add the following sub-clause:

“(h) No concrete kerbing or concrete drains directly adjoining the bituminous surfacing

shall be constructed prior to the completion of the bituminous surfacing.”

B 1224: THE HANDING OVER OF THE ROAD RESERVE

Add the following:

“The total length of the road reserve between the specified limits of construction will be

handed over to the contractor on the commencement date. Reference shall, however, be

made to the requirements of section 1500 of these specifications where limitations in respect

of work-areas are specified. In the event of the non-adherence by the contractor in terms of

the mentioned specifications, the engineer shall withdraw such sections of the road reserve

as may be justified to ensure suitable progress of the works or safe passage of traffic”

B 1229: SABS CEMENT SPECIFICATIONS

Add the following:

“Furthermore, where reference is made in this specification or the standard specifications to

the different cement types, the following new names/types shall apply:

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C3.4.4

Old product

nomenclature

Typical new product nomenclature

Cement type Cement strength class

OPC CEM I

CEM I

32,5

32,5R

RHC CEM I

CEM I

42,5

42,5R

LASRC No provision made No provision made

PC15SL CEM II/A-S

CEM II/A-S

CEM II/A-S

32,5

32,5R

42,5

PC15FA CEM II/A-V

CEM II/A-V

CEM II/A-W

CEM II/A-W

32,5

32,5R

32,5

32,5R

RH15FA CEM II/A-V

CEM II/A-V

CEM II/A-W

CEM II/A-W

42,5

42,5R

42,5

42,5R

PBFC CEM III/A

CEM III/A

32,5

32,5R

PFAC CEM II/B-V

CEM II/B-W

32,5

32,5

RH30SL CEM II/B-S

CEM II/B-S

32,5

42,5

RH40SL CEM III/A

CEM III/A

32,5R

42,5

Masonry

Cement

MC

MC

MC

12,5

12,5X

22,5X

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C3.4.5

CEM I 32,5, CEM II/A-S 32,5, CEM II/A-V 32,5, or CEM III/A may be used for the

manufacture of reinforced concrete members.”

B 1230: IN-SERVICE TRAINING

The contractor shall in addition to the structured (accredited) training as provided for this

document implement an in-service training programme, from the commencement of the

contract, in which the various skills required for the execution and completion of the works

are imparted to the labourers engaged thereon, in a programmed and progressive manner.

Labourers shall be trained progressively throughout the duration of the contract, in the

various stages of a particular type of work.

(a) Details of in-service training

(i) The contractor shall, after signing of the contract, provide to the engineer basic

details of his proposed in-service training programme, which details shall inter alia

include the following:

the details of training to be provided

the manner in which the training is to be delivered

the number and details of trainers to be utilised.

(ii) The in-service programme shall be submitted with the initial works programme. The

progress in relation to this programme will be recorded monthly and attached to the

site meeting minutes and payment certificate.

(iii) The contractor shall provide on-site, sufficient skilled and competent trainers to train

all labourers engaged on the contract, in the various skills required for the execution

and completion of the works.

(iv) All labourers shall be remunerated in respect of all time spent undergoing training.

(v) Every worker engaged on the contract shall on the termination of his participation on the contract, be entitled to receive from the contractor, a certificate of service in which the following information shall be recorded:

the name of the contractor

the name of the employee

the name of the project/contract

the nature of the work satisfactorily executed by the worker and the time spent thereon

the nature and extent of training provided to the worker

the dates of service.

The cost of the above obligations shall be deemed to be covered by the sums and

rates tendered for items B13.01(a), (b) and (c) in the schedule of quantities. The

performance of the contractor in providing in-service training shall be taken into

consideration should the contractor fail to reach his CPG at the completion of the

project.

(b) Lead time for training

The training of labour as specified shall, as far as possible, take place before

commencement of each activity and the contractor shall take into account in his

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C3.4.6

programme the lead-time he requires for such training. All training herein specified

shall be deemed to be a construction activity and a non-negotiable condition of the

contract.

B 1232: SUBCONTRACTORS

Over and above the stipulations of clause 4.4 of the General Conditions of Contract 2010,

regarding subletting of part of the works, it is a condition of this contract that an approved

subcontractor shall not sublet part of his work, covered in his appointment by the main

contractor, to another subcontractor without the consent and approval of the engineer.

Subletting shall in all cases be critically considered by the engineer.

Repair work to existing bridge structures along the road section will be undertaken on a

selected basis as allowed for in these specifications.

B 1233: WORKMEN’S COMPENSATION ACT

“All labour employed on the site shall be covered by the Workmen’s Compensation Act. The

contractor shall pay in full, including the payment of the necessary levies, such amounts, as

are due in terms of the Act. The contractor at the commencement of the contract shall resolve

the manner in which Workmen’s Compensation will be handled. Amounts paid by the

contractor shall not be included in the wage rates but shall be an extra payment allowed for

by the contractor.”

B 1234: MEASUREMENT AND PAYMENT

ITEM UNIT

B12.01 Relocation and protection of existing services

a) Relocation, including lowering or raising, protection

and/or repair of existing services, which are not

allowed for under any other items in the

Schedule of Quantities. Provisional Sum

b) Handling cost and profit Percentage (%)

B12.02 Provision for Accredited Training

a) Basic skills and construction site safety training. Provisional Sum

b) PSC Training Provisional Sum

c) Handling costs and profit in respect of sub-item

B12.03 (a) and (b) Percentage (%)

d) Training venue (Only if required) Provisional Sum

“Expenditure of the above three items shall be made in accordance with the general

conditions of contract.

The tendered percentage is a percentage of the amount actually spent under the sub-items

B12.01 (a), B12.02(a), B12.03(a) and B12.03(b) respectively, which shall include full

compensation for the handling costs of the contractor, and the profit in connection with

providing either the community liaison officer, lowering of existing services and accredited

training.”

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C3.4.7

SECTION 1300: CONTRACTOR’S ESTABLISHMENT ON SITE AND GENERAL

OBLIGATIONS

B 1302: GENERAL REQUIREMENTS

(a) Camps, constructional plant and testing facilities

Add the following:

"The contractor shall, at each area where work is being undertaken, provide on a daily basis

at least one portable chemical latrine unit for use by construction workers employed on the

project. The latrine units shall be serviced daily and kept in a hygienic and orderly state to the

satisfaction of the engineer. No separate payment shall be made for this requirement and shall

be deemed to be included in the rates tendered for the contractor's time-related obligations."

B 1303: PAYMENT

ITEM UNIT

B13.01 The contractor's general obligations (As specified)

Add the following after the fifth paragraph:

"The combined total tendered for sub-items (a), (b) and (c) shall not exceed 15% of the tender

sum, excluding VAT.

Should the contractor be of the opinion that 15% is inadequate to cover his costs in terms of

section 1300, he shall indicate separately with his tender where such costs have been allowed

for in his tender. If no such indication is given, the contractor shall not at any stage during the

contract for any reason whatsoever claim additional compensation under this item.”

Add the following to the paragraph dealing with the payment of sub-item B13.01 (c):

“The tendered rate for time related obligations shall in all cases include for acceleration as

defined in clause 41 (3) of the general conditions of contract, to complete the work on time.

B13.01 (d) Health and Safety Obligation Month

This item will include conforming to the Health & Safety Act of the country in which construction

is performed, as well as supplying a Safety Officer to oversee works and take responsibility for

Accommodation of Traffic.

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C3.4.8

SECTION 1400: HOUSING, OFFICES AND LABORATORIES FOR THE ENGINEER’S

SITE PERSONNEL

1406: MEASUREMENT AND PAYMENT

Where allowance is made for offices, laboratories, furniture and equipment for the Engineer,

the Contractor should not supply any of this without prior arrangement with the Engineer.

These items may be supplied in full, partial or nothing at all. Payment will be made on items

actually ordered by and supplied to the Engineer. No changes in quantity for any of these

items will result in a claim for additional payment or a change of rate.

SECTION 1500: ACCOMMODATION OF TRAFFIC

B 1503: TEMPORARY TRAFFIC CONTROL FACILITIES

(b) Road signs and barricades

Add the following:

"All temporary road signs are to be mounted on portable supports to facilitate moving of the

signs to temporary positions. Typical details of sign supports are shown on the drawings. The

only method of ballasting the sign supports that will be permitted shall consist of durable

sandbags filled with sand of adequate mass to prevent signs from being blown over by the

wind or passing traffic. The cost of ballasting such signs shall be allowed for in the tendered

rates for the various types of temporary road signs.

Temporary road signs and channelization devices shall be manufactured in accordance with

the latest edition of the South African Road Traffic Signs Manual (July 1993) and placed as

shown on the drawings and in Road Signs Note 13. Delineators shall be manufactured from

a non-metal material and shall be mounted on base sections also manufactured of non-metal

material. Single as well as back-to-back mounted delineators are required.

The obligation to arrange safe passage of traffic shall always be vested with the contractor

regardless what is indicated on the drawings of the engineer.”

(e) Warning devices

Add the following:

"It is a requirement of this contract that all construction vehicles and plant used on the works

will be equipped with rotating amber flashing lights and warning boards as specified in the

standard specifications. Construction vehicles travelling outside the limits of construction areas

shall however, not operate the warning lights.

The warning lights shall have a base diameter of at least 170mm and the amber bulb cover a

height of at least 150mm high. It shall be a requirement that the contractor also provides the

engineer's site personnel with warning lights for their vehicles (a maximum of two lights are

required) without any payment applicable.”

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C3.4.9

SECTION 1700: CLEARING AND GRUBBING

B 1702: DESCRIPTION OF WORK

(a) Clearing

Add the following:

"Clearing shall include the removal of material to a thickness up to 150mm in-situ material as

ordered by the engineer. No payment shall be made for temporary stockpiling of topsoil

material in the case where this material is applied as topsoil after completion of road side

slopes.

Should the required depth exceed 150mm, the total volume of material removed shall either

be classified as "temporary stockpiling of topsoil" or "unsuitable roadbed material” or "cut to

spoil" whichever is applicable as allowed for in the standard specifications. In these cases no

payment shall be made for clearing and grubbing.”

B 1703: EXECUTION OF WORK

(a) Areas to be cleared and grubbed

Add the following:

"Apart from normal clearing and grubbing, the fill embankments of the existing roads are also

to be cleared and grubbed over the areas where eroded fills are to be reinstated. Provision is

made for separate payment for clearing and grubbing of the existing fill embankments where

conventional machinery might not be suitable to undertake the work due to the steep side-

slopes of the embankments. An additional pay-item is allowed for in the schedule of quantities

for this type of clearing and grubbing which may have to be undertaken by hand or similar

manner."

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C3.4.10

SECTION 1800: DAYWORK SCHEDULE

Note: This is a new section added to the Standard Specifications.

B 1801: SCOPE

This section covers the listing of daywork items for use in determining payment for work

which cannot be quantified in specific pay-item “units” in the schedule of quantities or work

ordered by the engineer during the construction period which was not foreseen at tender

stage for which no applicable rate exists in the schedule of quantities or for work of a special

or different character warranting special payment as decided by the engineer.

B 1802: ORDERING OF DAYWORK

No daywork shall be undertaken unless specific written authorisation is obtained from the

engineer.

B 1803: MEASUREMENT AND PAYMENT

The engineer may order the daywork items as described in the Schedule of Quantities.

The unit of measurement shall be the actual number of hours worked by labourers or foremen

or an item of plant.

The tendered rates shall include full compensation for all cost items including overheads,

head-office expenses and profits as described in sub-clause 40(3) of the general conditions

of contract and shall be subject to contract price adjustment as provided for in the contract.

The mark-ups on daywork items in accordance with the Appendix to the Tender shall not be

applicable on daywork items listed in the schedule of quantities in terms of the above

specifications. In the event of new daywork rates being requested for items not appearing

in the schedule of quantities, then the provisions of the general conditions of contract and

the Appendix to the Tender shall apply.

Prior to the commencement of any work by the labourers described under item B18.01, the

contractor must obtain written consent from the engineer regarding the classification and

composition of all labourers in terms of "unskilled", "semi-skilled" and "skilled" labourers

required for the work as ordered by the engineer."

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C3.4.11

SECTION 2100: DRAINS

B 2104: SUBSOIL DRAINAGE

(a) Materials

(i) Pipes

Delete the last sentence of the fifth paragraph and substitute with the following:

"Perforation for 100mm pipes shall be spaced in two rows, one on each side of the vertical

centre line of the pipe, and at one third of the circumference. The perforation for the 150mm

pipes shall be spaced in four rows, two as described for 100mm pipes, and the other two rows

at two thirds of the circumference".

(iii) Synthetic-fibre filter fabric

Add the following:

"All filter fabric shall be a non-woven needle punched type material and must be approved by

the engineer. Filter fabrics shall have a minimum co-efficient of permeability of 3x10-3m per

second.”

B 2107: MEASUREMENT AND PAYMENT

Add the following new item:

“ITEM

UNIT

B21.20 Galvanized wire mesh, 250 x 250mm, at the outlets

of subsoil drainage systems. Mesh 10mm x 10mm x 2,5mm

wire diameter number (No)

The unit of measurement shall be the number of 250mm x 250mm pieces of wire mesh, with

a 10mm x 10mm mesh and 2,5mm wire diameter built into the subsurface drain outlet structure

as shown on the drawings.

The tendered rate shall include for procuring, furnishing and installing the material, cutting,

waste and keeping the mesh in the pipe opening clean during installation.”

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C3.4.12

SECTION 2200: PREFABRICATED CULVERTS

B 2201: SCOPE

Add the following:

All rectangular culverts with spans from 0,9m up to and including 2,4m shall be constructed

with precast units.

The attention of the contractor is drawn to the fact that information given on the plans,

longitudinal sections or drainage schedules may have to be altered to suit actual site conditions

and, therefore, the contractor shall only construct these culverts after the engineer has verified

the information on the drawings from detail surveys taken on site by the contractor as directed

by the engineer.

Precast units shall be ordered by the contractor from actual measurements of length acquired

on the site and not from lengths stated in the drainage schedule or from the schedule of

quantities.

No precast units shall be ordered until the engineer has satisfied himself that the proposed

units have been manufactured to the required tolerances and loading standards. The engineer

must be given the opportunity to load test these units if he considers this necessary.

B 2203: MATERIALS

(f) Skewed Ends

Delete the second and third paragraphs and substitute the following:

"Precast portal and rectangular culverts placed on a skew shall be supplied with cast in situ

skewed ends as shown on the drawings. In situ skew ends are to be constructed

simultaneously with the wingwalls and headwalls".

B 2204: CONSTRUCTION METHODS

Add the following:

"In all cases where soft founding material is classified as suitable for culvert bedding

construction, the in situ material shall be ripped, moistened and compacted to 90% or 93%

modified AASHTO density. The depth of preparation and compaction of founding material

shall be as indicated on the drawings or as specified by the engineer. Allowance for

measurement and payment for this work is made in the schedule of quantities under this

section".

B 2205: EXCAVATION FOR CONSTRUCTION BY TRENCH METHOD

Add the following sub-clause:

“(d) Drainage of excavations

The contractor shall apply suitable, effective drainage and dewatering methods for preventing

the ingress of water into the excavation and to keep them dry.

Drainage measures, with the exception of pumping, shall be maintained until the backfilling

has been completed. Between various construction stages, pumping may be interrupted in

consultation with the engineer.

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C3.4.13

Any draining or pumping of water shall be done in a manner as will preclude the concrete or

materials or any part thereof from being carried away.

Allowance for measurement and payment for dewatering and keeping dry of culvert

excavations is made in the schedule in this section.”

B 2212: INLET AND OUTLET STRUCTURES, CATCHPITS AND MANHOLES

(b) Concrete work

Add the following:

"The type of surface finish for in situ concrete in the culverts shall be indicated on the drawings.

Generally all exposed faces shall be of Class F2 formwork and faces covered by backfill shall

be Class F1. The top of parapet walls and wingwalls shall be finished to a Class U2 surface

finish".

(h) Prefabricated inlet and outlet structures

Add the following:

"The use of precast concrete inlets and outlets as described in clause 2212(h), shall not be

allowed under any circumstances. Cast in situ concrete wingwall type inlets and outlets shall

be constructed as indicated on the drawings and shall be in accordance with section 6000 of

the Standard Specifications. Allowance for measurement and payment for wingwall type inlets

and outlets is made in the schedule in this section".

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C3.4.14

SECTION 2300: CONCRETE KERBING, CHANNELLING, CHUTES AND DOWNPIPES

AND CONCRETE LININGS FOR OPEN DRAINS

B 2304: CONSTRUCTION

(e) Cast in situ kerbs and channels

Add the following:

"Forms and templates used to form joints between alternate sections shall be of steel plate of

which the thickness shall not be less than 5mm".

(i) Construction sequence

Replace paragraphs (i), (ii) and (iii) with the following:

"In all cases where kerbing and/or channelling adjoin the bituminous surface of the road, the

kerbing and/or channelling may only be constructed after the bituminous surface has been

completed.

Before commencing with the kerbing and/or channelling, the surfacing and the base, shall be

accurately cut to line with a mechanical saw to a minimum depth of 75mm. After excavation

the concrete shall then be cast against the cut surface without formwork. All material outside

the cut line must be carefully removed to the required thickness of concrete without damaging

the edge before commencing with the casting of the concrete. No payment shall be made for

repair work as instructed by the engineer to damage caused by the cutting/excavating process

of surfacing and base layers. Any concrete spilt onto the surfacing shall immediately be

removed and cleaned. Where so required by the engineer, the contractor shall, without any

additional compensation, paint emulsion over the stained surface.

Add the following sub-clause:

“(k) Formwork and finish

Formwork and finish of concrete kerbs shall comply with the requirements of section 6200. All

visible edges on the sides or at joints of cast in situ concrete kerbs or channels shall be rounded

with a rounding tool".

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C3.4.15

SECTION 3300: MASS EARTHWORKS

B 3307: FILLS

(c) Constructing a pioneer layer

Add the following to the first paragraph:

"For the purpose of this contract, pioneer layers shall be compacted by means of eight-pass

roller compaction using vibratory rollers as specified in sub-clause 3304(b) of the standard

specifications.”

(d) Benching

Add the following:

“Benching of fill and pavement layer material is required to be undertaken into the existing fill

embankments and pavement layers. No additional payment shall be made over and above

the normal pay items applicable to earthworks and pavement layers where benching is

required for widening of the existing road formation. Benching shall be undertaken as shown

on the drawings.

It is a requirement that benching shall always be started at the bottom of the existing fill

progressing to the top of the formation. The dimensions and details of benching are shown on

the drawings.”

B 3308: FINISHING THE SLOPES

(d) General

Add the following:

“Where existing cut and fill slopes are excessively eroded or where slippages occurred in

slopes, the slopes are to be reinstated by means of backfilling with suitable gravel material. All

loose material and vegetation shall first be removed from the eroded cut and fill slopes before

backfilling may commence from the bottom of the cut or fill. The backfill material shall be

benched into the existing slopes and compacted to 90% of modified AASHTO density, using

suitable small compaction equipment e.g. Bomag pedestrian rollers or hand-held compaction

tools. Benching shall be executed to the dimensions shown on the drawings. Upon completion

of the backfilling operation the cut and fill slopes shall be neatly finished as specified.”

B 3312: MEASUREMENT & PAYMENT

ITEM UNIT

B33.01 (g). Excavate, Stockpile & Backfill in restricted areas under anthills. (m3)

The tendered rate shall include full compensation for removing the section of the anthill above

ground, excavating to a depth and diameter similar in size to the part above ground, stockpiling,

and backfilling the hole to a minimum of 90% MOD AASHTO density. The tendered rate shall

also include working in a confined area and no additional payment will be made for benching

or sloping outside of the hole for access with compaction equipment.

The measured rate shall be the m3 of backfilled material after compaction.

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C3.4.16

SECTION 3400: PAVEMENT LAYERS OF GRAVEL MATERIAL

B 3402: MATERIALS

a) General

Add the following:

"The material shall comply with the requirements as indicated on the drawings."

i) Selected layer:

The in situ material which is present within the confines of the selected layer, but which

does not comply with the requirements of selected layer material, must be removed

and replaced with material that do comply with selected layer requirements. The

selected layer may not, in the case of chemical stabilisation, contain material of which

the size exceeds two thirds of the layer thickness or, in the case of unstabilised

material, exceeds the layer thickness. The material shall also comply with the

following requirements:

CBR:

The following requirements are applicable to the natural material (not chemically

stabilised).

Minimum CBR at specified in situ densities:

Upper selected layer: 25 at 93% Mod AASHTO

Maximum plasticity index (PI)

Upper and lower selected layer: 12

(The Engineer has the right to change the last-mentioned to 3 x grading modulus +

10)

Grading requirements

Minimum grading modulus (upper and lower selected layer): 1.20

ii) Sub-base

Sub-base material shall be obtained from approved sources in borrow areas.

The completed sub-base may not contain material of which the size exceeds two

thirds of the layer thickness.

Unless otherwise approved, the sub-base material shall comply with the following

requirements:

Grading modulus

The grading modulus shall be at least 1,5 unless a material with grading modulus of

less than 1,5 is approved by the Engineer.

Plasticity index (PI)

The maximum PI of the natural material for the sub-base shall be

i) Unstabilised layers: 10

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C3.4.17

ii) Chemically stabilised layers: 6

CBR

The minimum CBR of the material which is not chemically stabilised and shall be 45

at 95% of the modified AASHTO density and a maximum swell of 0,5% at 100% of

the modified AASHTO density.

UCS

The minimum UCS at 95% of the modified AASHTO density (briquettes cured for 24

hours at 70°-75°C and soaked for four hours) for chemically treated material shall be

750 kPa".

iii) Base

Base material shall be obtained from approved sources in borrow areas.

The completed base may not contain material of which the size exceeds two thirds of

the layer thickness.

Unless otherwise approved, the base material shall comply with the following

requirements:

Grading modulus

The grading modulus shall be at least 1,75 unless a material with grading modulus of

less than 1,75 is approved by the Engineer.

Plasticity index (PI)

The maximum PI of the natural material for the base shall be 6

CBR

The minimum CBR of the material, which is not chemically stabilised, shall be 80 at

98% of the modified AASHTO density.

The minimum UCS at 95% of the modified AASHTO density (briquettes cured for 24

hours at 70°-75°C and soaked for four hours) for chemically treated material shall be

750 kPa".

B 3404: PROTECTION AND MAINTENANCE

Add the following:

"The completed pavement layers and the existing pavement layers shall be free draining,

away from the existing pavement layers, to prevent the ingress of water into the existing

pavement layers and fill during construction.

B 3406: ROUTINE INSPECTION AND TESTS

Replace the second paragraph with the following:

"The statistical judgement plans which are specified in section 8200 and section 8300 shall

not be used to determine the density requirements which are specified in section 3402. All

density requirements shall comply with the minimum density requirements specified in table

8305/1."

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SECTION 3500: STABILIZATION

B 3502: MATERIALS

(a) Chemical stabilizing agents

Add the following to sub-sub-clause (vi):

(vi) Other chemical stabilizing agents

Chemical stabilization, irrespective of whether conventional construction methods

or milling-recycling of existing pavement layers are employed, shall be undertaken

using CEM 1 42,5 or CEM II/A-M 42,5 stabilizing agents, as directed by the

engineer.

B 3506: TOLERANCES

(b) Uniformity of mix (chemical stabilisation)

Add the following:

The in-place mixing of chemical stabilising agents with gravel materials shall be executed in

such a manner that the coefficient of variation in the uniformity of the mix shall not exceed 30%

when the stabilised layer is subjected to the chemical titration test, TMH1 method A15d. For

plant-mixed stabilised materials the coefficient of variation shall not exceed 20%.

The coefficient of variation, Cv, is calculated by the formula:

Cv = Sn x 100 where,

_____

Xn

Sn = standard deviation of n determinations of stabilising agent content

Xn = mean percentage of n determinations of stabilising agent content with n = 20

The uniformity of mix test will not be a requirement when stabilizing with Soilfix VR road base

stabilizer.”

B 3509: QUALITY OF MATERIALS AND WORKMANSHIP

Add the following to the fourth paragraph:

“The preparation of chemically stabilised material for the determination of the modified

AASHTO density UCS values, ITS values and wet/dry durability values of the material

shall be executed in accordance with TMH1 test method A16T and compaction thereof in

accordance with TMH1 test method A7.”

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C3.4.19

B5101 SCOPE

Add to Clause 5101 the following; The section also covers the saw cutting of various types of in-situ material with a mechanical saw cutting machine.

B5102 MATERIALS Add new Sub-Clause to Clause 5102 5102 (i) Mechanical Saw Cutting (a) Plant

Saw cutting machines shall be power driven saws suitable and capable to cut accurately to required depths and alignment in various materials as specified. Skill operator shall be required for operating sawing machines. Operators shall be equipped with suitable safety equipment (e.g. industrial goggles, suitable boots as well as clothing) for operating the sawing machines.

(b) Preparation to saw cutting Before saw cutting may commence, the cut line shall be accurately pre-marked to the specified dimensions in term of the drawings or as instructed by the engineer.

(a) Construction tolerances

Mechanical saw cutting shall be undertaken within the following dimensional tolerances: (a) Horizontally Mechanical deviation from the specified line shall not be more than 5mm Vertically

The cut depth shall never be less than the specified depth but shall not exceed

the specified depth by more than 15mm.

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B5409 MEASUREMENT AND PAYMENT

Add the following items: Item

Unit

B54.08 Renovating Guardrails

(c) Cleaning and painting ............................................................................. (m)”

Treatment of existing rusted guardrails by removing all loose paint and rust using a wire brush, preparing surface for prime coat, applying prime coat to clean and dust free metal surface, applying two coats of Plascon Wall and All “Mines Grey” paint (or similar approved), to front and back of guardrail sections (prime coat and finishing coats to be applied to the manufacturer's specifications)

Item Unit

B54.14 Adjusting spacer blocks and tightening bolts ....................... number (No)”

The unit of measurement shall be the number of spacer block sets that are adjusted and re-aligned, along with the bolts through the spacer block set being tightened. The number shall be agreed with the Engineer prior to this activity commencing.

The spacer blocks shall be aligned to the vertical, as per the specification, with the bolt being tightened accordingly.

The rate shall include for all labour, material, tools, accommodation of traffic, etc. to undertake this activity.”

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B5603 MANUFACTURING OF ROAD SIGN BOARDS AND SUPPORTS

(a) Road sign boards

Add the following:

“The Contractor shall ensure that the signs and supports supplied by the manufacturers are correct in all respects.”

(f) Road sign supports

Add the following:

“All the ground-mounted signs shall be supported on creosote timber pole supports.”

Add the following new sub clauses:

(h) Chromadek sections

“Chromadek sections shall be assembled in accordance with the details of the standard plans.

Where joints are approved by the engineer, they shall be constructed in accordance with the details shown on the standard plans and shall be covered on the rear face after assembly with a 20mm wide PVC corrosion protection tape. The PVC tape shall be covered by a 60mm wide self adhesive aluminium backed strip such as “Bostik Dit-Sit” or approved equivalent, all as indicated on the standard plans.

Retro-reflective material shall be applied to the section as specified for Aluminium Sections in Clause 5603(d) of the Standard Specifications, with the following additional requirement:

Where the letters or legends cross the horizontal joints of the sign panels the lettering or legend shall be cut along the joint and trimmed just short of the 3mm radius bend on the section.

(i) Fastening details

All fastening details to join the sign sections, to edge the assembled sign panel and to fasten the completed panel on to the timber supports shall be constructed in accordance with the details shown on the standard plans.”

(j) Date of erection and sign identity number

The manufacturer's name, month and year of erection of the sign shall be placed in the bottom left-hand corner when facing the back of the sign. All lettering shall be 50mm high and shall be manufactured from 7 year cast enamel scotchcal or equivalent. All lettering will be located such that it is visible from the shoulder of the road. No reflective paint or reflective material will be permitted on the back of sign faces.

Single signs such as R and W series signs shall only have the manufacturer's name, date and month placed on the back.

B5604 ROAD SIGN FACES AND PAINTING

Add the following new sub clauses

(e) Application of retro-reflective material

All sign faces shall be faced with retro-reflective material. Painted front sign faces shall not be used. Colours, symbols, legends and borders shall comply with the regulations of the applicable Road Traffic Act, the South African Road Traffic Signs Manual, SABS 1519-1990, and the details shown on the Plans.

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Where applied to Chromadek Sections retro-reflective material shall be applied as specified for aluminium sections in Clause 5603(d) of the Standard Specification, and of Clause B5603(h) of this Project Specification.

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(f) Silkscreening

Silkscreening or inking over retro-reflective materials shall not be acceptable. B5605 STORAGE AND HANDLING

Add the following:

“The following shall not be allowed on the sign face:

(a) Drilling of holes

(b) Application of any form of adhesive

(c) Cleaning with any chemicals that are not specifically approved by the manufacturer of the retro-reflective material, and

(d) Covering the sign face with an impermeable material that does not allow free circulation of air.

B5606 ERECTING ROAD SIGNS

(a) Position

Add the following:

“All signs are to be placed, where practically possible, at the “preferred” location as indicated by the Engineer. Variations will only be allowed if the topography does not allow the sign to be placed in the preferred position.”

(d) Field Welding

Replace the contents of this clause with the following:

“No welding shall be allowed during the erection of any road signs.”

(e) Time of Erection

Replace the contents of this clause with the following:

“Road signs shall be erected during and without disrupting the normal free flow of traffic.”

Add the following new sub clause:

(h) Fixing of signs to poles

All sign faces will be affixed to the pole by means of clamps as indicated on standard drawing. An additional mild steel clamp (“ready-bar”) will also be installed, together with one galvanised steel bolt fixed through the pole, as indicated on drawing standard drawing.

W401 and W402 signs will only be affixed by means of two galvanised steel bolts through the face of the sign and pole.

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SECTION 5700: ROAD MARKINGS

B 5702: MATERIALS

(a) Paint

(ii) Retro-reflective road-marking paint

Add the following:

"Retro-reflective road-marking paint shall be used to paint road markings during the contract

period and to re-paint all road markings at the end of the maintenance period.”

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SECTION 5900: FINISHING THE ROAD AND ROAD RESERVE AND TREATING OLD

ROADS

B 5902: FINISHING THE ROAD AND ROAD RESERVE

Add the following to the first paragraph:

“The contractor shall pay special attention to the collection and removal of all waste materials

originating from crushed-stone base material, sealwork materials and other construction

activities. Excess crushed-stone base material and sealing aggregate broomed from the

road surface shall not be discarded onto the side-slopes of the road formation. These

aggregates, together with all other materials trimmed or excavated from the road shall be

collected and removed from the road reserve to the satisfaction of the engineer.

This requirement shall be deemed to be incorporated in the tendered rates for item 59.01 of

the schedule of quantities or such other items as the contractor may decide upon.”

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C3.4.26

PARTICULAR SPECIFICATIONS PLI: PARTICULAR SPECIFICATION FOR GENERIC LABOUR-INTENSIVE

SPECIFICATION

Note: (This specification must be incorporated in the Scope of Works without amendment or modification. When SANS 1921-5, Construction and management requirements for works contracts Part 5: Earthworks activities which are to be performed by hand, is published, the earthworks portions of this generic specification must be replaced with a reference to SANS 1921-5 and its associated specification data.)

B 1231 LABOUR BASED CONSTRUCTION METHODS

Bidders must take into consideration that the following works may only be constructed using labour-based construction methods: a) Excavation to expose existing services. b) Hand excavation for concrete lined open drains. c) Concrete lining for open drains. d) Construction of all edge beams. e) Preparation of bedding material for stormwater pipes. f) Finishing of road reserve. Where Bidders propose to use additional labour-based methods, the methods must be stated as well as the activities. It will reflect positively on the Bidder’s bid if he should use more labour-based methods.

PLI 1 Scope

This specification establishes general requirements for activities which are to be executed by hand involving the following:

(a) trenches having a depth of less than 1,5 metres (b) stormwater drainage (c) low-volume roads and sidewalks 15 PLI 2 Precedence

Where this specification is in conflict with any other standard or specification referred to in the Scope of Works to this Contract, the requirements of this specification shall prevail.

PLI 3 Hand excavatable material

Hand excavatable material is material:

(a) Granular materials:

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C3.4.27

(i) whose consistency when profiled may in terms of table 1 be classified as very loose, loose, medium dense, or dense; or

(ii) where the material is a gravel having a maximum particle size of 10 mm

and contains no cobbles or isolated boulders, no more than 15 blows of a dynamic cone penetrometer is required to penetrate 100 mm.

(b) Cohesive materials: (i) whose consistency when profiled may in terms of table 1 be classified

as very soft, soft, firm, stiff and stiff / very stiff; or (ii) where the material is a gravel having a maximum particle size of 10 mm

and contains no cobbles or isolated boulders, no more than 8 blows of a dynamic cone penetrometer is required to penetrate 100 mm;

Note: (1) A boulder, a cobble and gravel is material with a particle

size greater than 200 mm, between 60 and 200 mm. (2) A dynamic cone penetrometer is an instrument used to

measure the insitu shear resistance of a soil comprising a drop weight of approximately 10 kg which falls through a height of 400 mm and drives a cone having a maximum diameter of 20 mm (cone angle of 60° with respect to the horizontal) into the material being used.

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Table 1: Consistency of materials when profiled

Granular materials Cohesive materials

Consistency Description Consistency Description

Very loose Crumbles very easily when scraped with a geological pick.

Very soft Geological pick head can easily be pushed in as far as the shaft of the handle.

Loose Small resistance to penetration by sharp end of a geological pick.

Soft Easily dented by thumb; sharp end of a geological pick can be pushed in 30 - 40 mm; can be moulded by fingers with some pressure.

Medium dense Considerable resistance to penetration by sharp end of a geological pick.

Firm Indented by thumb with effort; sharp end of geological pick can be pushed in upto 10 mm; very difficult to mould with fingers; can just be penetrated with an ordinary hand spade.

Dense Very high resistance to penetration by the sharp end of geological pick; requires many blows for excavation.

Stiff Can be indented by thumb-nail; slight indentation produced by pushing geological pick point into soil; cannot be moulded by fingers.

Very dense High resistance to repeated blows of a geological pick.

Very stiff Indented by thumb-nail with difficulty; slight indentation produced by blow of a geological pick point.

PLI 4 Trench excavation

All hand excavateable material in trenches having a depth of less than 1,5 metres shall be excavated by hand.

PLI 5 Compaction of backfilling to trenches (areas not subject to traffic)

Backfilling to trenches shall be placed in layers of thickness (before compaction) not exceeding 100 mm. Each layer shall be compacted using hand stampers

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(a) to 90% Proctor density; (b) such that in excess of 5 blows of a dynamic come penetrometer (DCP) is

required to penetrate 100 mm of the backfill, provided that backfill does not comprise more than 10% gravel of size less than 10 mm and contains no isolated boulders, or

(c) such that the density of the compacted trench backfill is not less than that of

the surrounding undisturbed soil when tested comparatively with a DCP. PLI 6 Excavation

All hand excavateable material including topsoil classified as hand excavateable shall be excavated by hand. Harder material may be loosened by mechanical means prior to excavation by hand. The excavation of any material which presents the possibility of danger or injury to workers shall not be excavated by hand.

PLI 7 Clearing and grubbing

Grass and small bushes shall be cleared by hand. PLI 8 Shaping

All shaping shall be undertaken by hand.

PLI 9 Loading

All loading shall be done by hand, regardless of the method of haulage. PLI 10 Haul

Excavation material shall be hauled to its point of placement by means of wheelbarrows where the haul distance is not greater than 150 m.

PLI 11 Offloading

All material, however transported, is to be off-loaded by hand, unless tipper-trucks are utilised for haulage.

PLI 12 Spreading

All material shall be spread by hand. PLI 13 Compaction

Small areas may be compacted by hand provided that the specified compaction is achieved.

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PLI 14 Grassing

All grassing shall be undertaking by sprigging, sodding, or seeding by hand. PLI 15 Stone pitching and rubble concrete masonry

All stone required for stone pitching and rubble concrete masonry, whether grouted or dry, must to be collected, loaded, off loaded and placed by hand. Sand and stone shall be hauled to its point of placement by means of wheelbarrows where the haul distance is not greater than 150 m. Grout shall be mixed and placed by hand.

PLI 16 Manufactured elements

Elements manufactured or designed by the contractor, such as manhole rings and cover slabs, precast concrete planks and pipes, masonry units and edge beams shall not individually, have a mass of more than 320 kg. In addition, the items shall be large enough so that four workers can conveniently and simultaneously acquire a proper handhold on them.

SCHEDULES OF QUANTITIES Note: Labour-intensive works must be highlighted in the schedules/bills of

quantities for the payment items relating to labour-intensive works.

The following wording, as appropriate, may be included in the preamble or pricing instructions to the schedules/bills of quantities in the contract with the contractor:

1 Those parts of the contract to be constructed using labour-intensive methods

have been marked in the bill of quantities with the letters LI in a separate column filled in against every item so designated. The works, or parts of the works so designated are to be constructed using labour-intensive methods only. The use of plant to provide such works, other than plant specifically provided for in the scope of work, is a variation to the contract. The items marked with the letters LI are not necessarily an exhaustive list of all the activities which must be done by hand, and this clause does not over-ride any of the requirements in the generic labour intensive specification in the Scope of Works.

2 Payment for items which are designated to be constructed labour-intensively

(either in this schedule or in the Scope of Works) will not be made unless they are constructed using labour-intensive methods. Any unauthorised use of plant to carry out work which was to be done labour-intensively will not be condoned and any works so constructed will not be certified for payment.

The following payment items should be included in the bill of quantities:

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Item

Description

Unit

Quantity

Rate

Amount

Training allowance paid to targeted labour in terms of formal training Extra over for the administration of payment of training allowances to targeted labour Transport and accommodation of workers for training where it is not possible to undertake the training in close proximity to the site. (Provisional sum)

Person days Person days Sum

(insert quantity) (as above) (insert provisional sum)

(insert specified day rate)

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C3.5.1

C3.5 MANAGEMENT OF THE WORKS

C3.5.1 GENERIC SPECIFICATIONS

The SABS 1200 Standardized Specifications listed in 4.1.1 are applicable. Compiler: The provisions of these Specifications take precedence over the provisions of any part of SABS 2001 that is applicable to the contract. The variations and additions to these specifications are described in the section Applicable SABS 1200 Standardized Specifications (Section ………………).

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C3.5.2

C3.6 HEALTH AND SAFETY

Compiler: The Employer's Occupational Health and Safety Act, Construction Regulations Specification should be included here.

C3.6.1 HEALTH AND SAFETY REQUIREMENTS AND PROCEDURES

Compiler: Establish health and safety requirements and make reference to health and safety specifications, any contract between the contractor and employer, schedules, etc. Also state when such documents are to be submitted to the employer's representative. Attach pro formas of such documents to the end of the scope of work.

Compiler: The following clause must be added, with amendments to ensure compliance with the OHS Act Construction Regulations.

(a) Construction Regulations, 2003

The Contractor shall be required to comply with the Occupational Health and Safety Act, 1993: Construction Regulations, 2003 (the regulations) as promulgated in Government Gazette No 25207 and Regulation Gazette No 7721 of 18 July 2003. Non-compliance with these regulations, in any way whatsoever, will be adequate reason for suspending the Works. The proposed type of work, materials to be used and potential hazards likely to be encountered on this Contract are detailed in the Project Specifications, Schedule of Quantity and Drawings, as well as in the Employers' health and safety specifications (regulation 4(1)) of the Construction Regulations 2003, which are bound in the Contract document/will be issued separately by the Employer. The Contractor shall in terms of regulation 5(1) provide a comprehensive health and safety plan detailing his proposed compliance with the regulations, for approval by the Employer. The Contractor shall at all times be responsible for full compliance with the approved plan as well as the Construction Regulations and no extension of time will be considered for delays due to non-compliance with the abovementioned plan or regulations. A payment item is/Payment items are included in the Schedule of Quantities to cover the Contractor's cost for compliance with the OHS Act and the abovementioned regulations.

The Health and Safety Specifications pertaining to this project; cover the subjects contained in the index and is intended to outline the normal as well as any special requirements of the Client pertaining to the health and safety matters (including the environment) applicable to the project in question. These Specifications should be read in conjunction with the Act, the Construction Regulations and all other Regulations and Safety Standards which were or will be promulgated under the Act or incorporated into the Act and be in force or come into force during the effective duration of the project. The stipulations in this specification, as well as those contained in all other documentation pertaining to the project, including contract documentation and technical specifications shall not be interpreted, in any way whatsoever, to countermand or nullify any stipulation of the Act, Regulations and Safety Standards which are promulgated under, or incorporated into the Act.

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3. PURPOSE

The Client is obligated to implement measures to ensure the health and safety of all people and properties affected under its custodianship or contractual commitments, and is further obligated to monitor that these measures are structured and applied according to the requirements of these Health and Safety Specifications.

The purpose of this specification document is to provide the relevant Principal Contractor with any information other than the standard conditions pertaining to construction sites which might affect the health and safety of persons at work and the health and safety of persons in connection with the use of plant and machinery; and to protect persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work during the carrying out of construction work for the MBOMBELA LOCAL MUNICIPALITYMunicipality. The Principal Contractor is to be briefed on the significant health and safety aspects of the project and to be provided with information and requirements on inter alia:

a) Safety considerations affecting the site of the project and its environment;

b) Health and safety aspects of the associated structures and equipment;

c) Submissions on health and safety matters required from the Principal Contractor and,

d) The Principal Contractor’s health & safety plan.

To serve to ensure that the Principal Contractor is fully aware of what is expected from him/her with regard to the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) and the Regulations made there-under including the applicable safety standards, and in particular in terms of Section 8 of the Act.

To inform the Principal Contractor that the Occupational Health and Safety Act, 1993 (Act 85 of 1993) in its entirety shall apply to the contract to which this specification document applies. The Construction Regulations shall apply to any person involved in construction work pertaining to this project, as will the Act.

4. DEFINITIONS

“Purpose of the Act” –

To provide for the health and safety of persons at work and the health and safety of persons in connection with the use of plant and machinery; the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work; to establish an advisory council for occupational health and safety; and to provide for matters connected therewith.

“Agent” –

means any person who acts as a representative for a client;

“Client” –

means any person for whom construction work is performed;

‘‘Construction Work’’ is defined as any work in connection with –

(a) the erection, maintenance, alteration, renovation, repair, demolition or dismantling of or addition to a building or any similar structure;

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(b) the installation, erection, dismantling or maintenance of a fixed plant where such work includes the risk of a person falling;

(c) the construction, maintenance, demolition or dismantling of any bridge, dam, canal, road, railway, runway, sewer or water reticulation system or any similar civil engineering structure; or

(d) the moving of earth, clearing of land, the making of an excavation, piling, or any similar type of work;

“Contractor” –

means an employer, as defined in Section 1 of the Act, who performs construction work and includes Principal Contractors;

“Health and Safety File” –

means a file, or other record in permanent form, containing the information required a contemplated in the regulations;

“Health and Safety Plan” –

means a documented plan which addresses hazards identified and includes safe work procedures to mitigate, reduce or control the hazards identified;

“Health and Safety Specification” –

means a documented specification of all health and safety requirements pertaining to the associated works on a construction site, so as to ensure the health and safety of persons;

“Method Statement” –

means a document detailing the key activities to be performed in order to reduce as reasonably as practicable the hazards identified in any risk assessment;

“Principal Contractor” –

means an employer, as defined in section 1 of the Act who performs construction work and is appointed by the client to be in overall control and management of a part of or the whole of a construction site;

“Risk Assessment” –

means a program to determine any risk associated with any hazard at a construction site, in order to identify the steps needed to be taken to remove, reduce or control such hazard.

5. OCCUPATIONAL HEALTH & SAFETY MANAGEMENT

5.1 Structure and Organisation of OH&S Responsibilities

5.1.1. Overall Supervision and Responsibility for OH&S

The Client and/or its Agent on its behalf to ensure that the Principal Contractor, appointed in terms of Construction Regulation 4(1)(c), implements and maintains the agreed and approved H&S Plan. Failure on the part of the Client or Agent to comply with this requirement will not relieve the Principal Contractor from any one or more of his/her duties under the Act and Regulations.

The Chief Executive Officer of the Principal Contractor in terms of Section 16 (1) of the Act to ensure that the Employer (as defined in the Act) complies with the Act.

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C3.5.5

All OH&S Act (85 /1993), Section 16 (2) appointee/s as detailed in his/her/their respective appointment forms to regularly, in writing, report to their principals on matters of health and safety per routine and ad hoc inspections and on any deviations as soon as observed, regardless of whether the observation was made during any routine or ad hoc inspection and to ensure that the reports are made available to the principal Contractor to become part of site records (Health & Safety File).

The Construction Supervisor and Assistant Construction Supervisor/s appointed in terms of Construction Regulation 6 to regularly, in writing, report to their principals on matters of health and safety per routine and ad hoc inspections and on any deviations as soon as observed, regardless of whether the observation was made during any routine or ad hoc inspection and to ensure that the reports are made available to the principal Contractor to become part of site records (Health & Safety File).

All Health and Safety Representatives (SHE-Reps) shall act and report as per Section 18 of the Act.

5.1.2. Legal Appointments

Several appointments or designations of responsible and /or competent people in specific areas of construction work are required by the Act and Regulations. The following competent appointments, where applicable, in terms of the Construction Regulations are required to ensure compliance to the Act, Regulations and Safety Standards.

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Required appointments as per the Construction Regulations:-

Item Regulation Appointment Responsible Person

1. 4(1)(c) Principal contractor for each phase or project Client

2. 5.(3)(b) Contractor Principal Contractor

3. 5(11) Contractor Contractor

4. 6(1) Construction supervisor Contractor

5. 6(2) Construction supervisor sub-ordinates Contractor

6. 6(6) Construction Safety Officer Contractor

7. 7(1) Person to carry out risk assessment Contractor

8. 7(4) Trainer/Instructor Contractor

9. 8(1)(a) Fall protection planner Contractor

10. 10 (a) Formwork & support work supervisor Contractor

11. 10(e) + (f) Formwork & support work examiner Contractor

12. 11(1) Excavation supervisor Contractor

13. 11(3)(b)(ii)(b) Professional engineer or technologist Contractor

14. 11(3)(k) Explosives expert Contractor

15. 12(1) Supervisor demolition work Contractor

16. 12(2) + (3) Demolition expert Contractor

17. 12(11) Explosives expert Contractor

18. 14(2) Scaffold supervisor Contractor

19. 15(1) Suspended platform supervisor Contractor

20. 15(2)(c) Compliance plan developer Contractor

21. 15(8)(c) Suspended platform expert Contractor

22. 15(13) Outrigger expert Contractor

23. 17(8)(a) Material hoist inspector Contractor

24. 18(1) Batch plant supervisor Contractor

25. 18(7) Batch plant operator Contractor

26. 19(2)(b) Power tool expert Contractor

27. 19.2 (g) (i) Power tool controller Contractor

28. 20(f) Tower crane operator Contractor

29. 21(1)(d)(i) Construction vehicle and mobile plant operator Contractor

30. 21(1)(j) Construction vehicle and mobile plant inspector Contractor

31. 22(d) Temporary electrical installations inspector Contractor

32. 22 (e) Temporary electrical installations controller Contractor

33. 26 (a) Stacking and storage supervisor Contractor

34. 27 (h) Fire equipment inspector Contractor

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This list may be used as a reference or tool to determine which components of the Act and Regulations would be applicable to a particular site. This list must not be assumed to be exclusive or comprehensive.

5.2 Communication & Liaison

5.2.1 OH&S Liaison between the Employer, the Principal Contractor, the other Contractors, the Designer and other concerned parties shall be through the project Committee as per the procedures determined by the project Committee.

5.2.2 In addition to the above, communication may be directly to the Client or his appointed Agent, verbally or in writing, as and when the need arises.

5.2.3 Consultation with the workforce on OH&S matters will be through their Supervisors and H&S Representatives (‘SHE – Reps’)

5.2.4 The Principal Contractor will be responsible for the dissemination of all relevant OH&S information to the other Contractors e.g. design changes agreed with the Client and/or its Agent on its behalfand the Designer, instructions by the Client and/or his/her agent, exchange of information between Contractors, the reporting of hazardous/dangerous conditions/situations etc.

6. RESPONSIBILITIES

6.1 Client

6.1.1 The Client or his appointed Agent on his behalf will appoint each Principal Contractor for this project in writing for assuming the role of Principal Contractor as intended by the Construction Regulations and determined by the Bills of Quantities.

6.1.2 The Client or his appointed Agent on his behalf shall discuss and negotiate with the Principal Contractor the contents of the health and safety plan of the both Principal Contractor and Contractor for approval.

6.1.3 The Client or his appointed Agent on his behalf, will take reasonable steps to ensure that the health and safety plan of both the Principal Contractor and Contractor is implemented and maintained. The steps taken will include periodic audits at intervals of at least once every month.

6.1.4 The Client or his appointed Agent on his behalf, will prevent the Principal Contractor and/or the Contractor from commencing or continuing with construction work should the Principal Contractor and/or the Contractor at any stage in the execution of the works be found to:

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have failed to have complied with any of the administrative measures required by the Construction Regulations in preparation for the construction project or any physical preparations necessary in terms of the Act;

have failed to implement or maintain their health and safety plan;

have executed construction work which is not in accordance with their health and safety plan; or

act in any way which may pose a threat to the health and safety of any person(s) present on the site of the works or in its vicinity, irrespective of him/them being employed or legitimately on the site of the works or in its vicinity.

6.2 Principal Contractor

6.2.1 The Principal Contractor shall accept the appointment under the terms and Conditions of Contract. The Principal Contractor shall sign and agree to those terms and conditions and shall, before commencing work, notify the Department of Labour of the intended construction work in terms of Regulation 3 of the Construction. The Principal Contractor shall submit the notification in writing prior to commencement of work and inform the Client or his Agent accordingly.

6.2.2 The Principal Contractor shall ensure that he is fully conversant with the requirements of this Specification and all relevant health and safety legislation. This Specification is not intended to supersede the Act nor the Construction Regulations or any part of either. Those sections of the Act and the Construction Regulations which apply to the scope of work to be performed by the Principal Contractor in terms of this contract will continue to be legally required of the Principal Contractor to comply with. The Principal Contractor will in no manner or means be absolved from the responsibility to comply with all applicable sections of the Act, the Construction Regulations or any Regulations proclaimed under the Act or which may perceivable be applicable to this contract.

6.2.3 The Principal Contractor shall provide and demonstrate to the Client a suitable and sufficiently documented health and safety plan based on this Specification, the Act and the Construction Regulations, which shall be applied from the date of commencement of and for the duration of execution of the works. This plan shall, as appendices, include the health and safety plans of all Sub-contractors for which he has to take responsibility in terms of this contract.

6.2.4 The Principal Contractor shall provide proof of his registration and good standing with the Compensation Fund or with a licensed compensation insurer prior to commencement with the works.

6.2.5 The Potential Principal Contractor shall, in submitting his tender, demonstrate that he has made provision for the cost of compliance with the specified health and safety requirements, the Act and Construction Regulations.

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6.2.6 The Principal Contractor shall consistently demonstrate his competence and the adequacy of his resources to perform the duties imposed on the Principal Contractor in terms of this Specification, the Act and the Construction Regulations.

6.2.7 The Principal Contractor shall ensure that a copy of his health and safety plan is available on site and is presented upon request to the Client, an Inspector, Employee or Sub-contractor.

6.2.8 The Principal Contractor shall ensure that a health and safety file, which shall include all documentation required in terms of the provisions of this Specification, the Act and the Construction Regulations, is opened and kept on site and made available to the Client or Inspector upon request. Upon completion of the works, the Principal Contractor shall hand over a consolidated health and safety file to the Client.

6.2.9 The Principal Contractor shall, throughout execution of the contract, ensure that all conditions imposed on his Sub-contractors in terms of the Act and the Construction Regulations are complied with as if they were the Principal Contractor.

6.2.10 The Principal Contractor shall from time to time evaluate the relevance of the Health and Safety Plan and revise the same as required, following which revised plan shall be submitted to the Client and/or his/her Agent for approval.

7. SCOPE OF WORK

These specifications are applicable to the specific scope of work pertaining to the project as detailed in the tender documents. Refer to Project specification.

8. HEALTH AND SAFETY FILE

The Principal Contractor must, in terms of Construction Regulation 5(7), keep a Health & Safety File on site at all times that must include all documentation required in terms of the Act and Regulations and must also include a list of all Contractors on site that are accountable to the Principal Contractor and the agreements between the parties and details of work being done.

The Health and Safety File will remain the property of the Client and/or its Agent on its behalf throughout the period of the project and shall be consolidated and handed over to the Client and/or its Agent on its behalf at the time of completion of the project.

The safety file shall contain the following documentations:

Safety reports,

Notification documents,

Appointment letters,

Records of incidents,

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Records of training,

Records of safety meetings,

Records of PPE provision,

And any other document related to safety issues on site.

9. MONITORING AND REVIEWING OH&S PERFORMANCE

The Principal Contractor is required to maintain acceptable incident rate and report on this to the Client and/or its Agent on its behalf on a monthly basis. The frequency rates must reflect permanent disability, lost workdays, restricted workdays, medical treatment and first aid treatment.

10. HAZARD IDENTIFICATION AND RISK ASSESSMENT

The Principal Contractor is required to develop Risk Assessments, Standard Working Procedures (SWP) and Method Statements for each activity executed in the contract or project. The identification of hazards is over and above the hazards identification program and those hazards identified during the drafting of the Health and Safety Plan. Hazard identification should be conducted continuously over and above the baseline risk assessment.

11. ARRANGEMENTS FOR MONITORING AND REVIEW

11.1 Monthly Audit by Client

The Client and/or its Agent on its behalf will be conducting Periodic Audits at times agreed with the Principal Contractor Audit to comply with Construction Regulation 4(1)(d) to ensure that the principal Contractor has implemented, is adhering to and is maintaining the agreed and approved OH&S Plan.

11.2 Other audits and inspections

The Client and/or its Agent on its behalf reserves the right to conduct any other ad hoc audits and inspections as it and/or its Agent on its behalf deem necessary.

A representative of the Principal Contractor and the relevant Health and Safety Representative(s) (SHE-Reps) must accompany the Client and/or its Agent on its behalf on all Audits and Inspections and may conduct their own audit/inspection at the same time. Each party will, however, take responsibility for the results of his/her own audit/inspection results. The Client and/or its Agent on its behalf may require to be handed a copy of the minutes of the previous Health and Safety Committee meeting reflecting possible recommendations made by that committee to the Employer for reference purposes and any other health and safety related issues..

11.3 Reports

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12.3.1 The Principal Contractor shall report all incidents where an employee is injured on duty to the extent that he/she dies, becomes unconscious, loses a limb or part of a limb, is injured or becomes ill to such a degree that he/she is likely either to die or to suffer a permanent physical defect or likely to be unable for a period of at least 14 days either to work or continue with the activity for which he/she was usually employed, or where a major incident occurred, the health or safety of any person was endangered, where a dangerous substance was spilled, the uncontrolled release of any substance under pressure took place, machinery or any part of machinery fractured or failed resulting in flying, falling or uncontrolled moving objects, machinery ran out of control, to the Provincial Director of the Department of Labour within seven days and at the same time to the Client and/or its Agent on its behalf.

12.3.2 The Principal Contractor is required to provide the Client and/or its Agent on its behalf with copies of all statutory reports required in terms of the Act and the Regulations.

12.3.3 The Principal Contractor is required to provide the Client and/or its Agent on its behalf with a monthly “SHE Risk Management Report”.

12.3.4 The Principal Contractor is required to provide the Client and/or its Agent on its behalf with copies of all internal and external accident/incident investigation reports. As soon as the occurrence of any accident/incident of whatever nature comes to the notice of the Principal Contractor, it shall be reported immediately to any of the following:

11.4 Review

The Principal Contractor is to review the Hazard Identification, Risk Assessments and Standard Work Processes at each Production Planning and Progress Report meeting as the construction work develops and progresses and each time changes are made to the designs, plans and construction methods and processes. The Principal Contractor must provide the Client and/or its Agent on its behalf, and all other concerned parties with copies of any changes, alterations or amendments

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11.5 Site Safety Rules

11.5.1 Site OH&S Rules

The Principal Contractor must develop a set of site-specific OH&S rules that will be applied to regulate the Health and Safety Plan and associated aspects of the construction. When required for a site by law, visitors and non-employees upon entering the site shall be issued with the proper Personal Protective Equipment (PPE) as and when necessary.

11.5.2 Security Arrangements

The Principal Contractor must establish site access rules and implement and maintain these throughout the construction period. Access control must include the rule that non-employees shall at all times be provided with fulltime supervision while on site. The Principal Contractor must develop a set of Security rules and procedures and maintain these throughout the construction period.

If not already tasked to the H&S Officer appointed in terms of Construction Regulation 6(6), the Principal Contractor must appoint a competent Emergency Controller who must develop contingency plans for any emergency that may arise on site as indicated by the risk assessments. These must include a monthly practice/testing program for the plans

11.6 Training

The Principal Contractor shall ensure that all employees under the his or her control are informed, instructed and trained by a competent person regarding any hazard and the related work procedures before any work commences, and thereafter at such times as may be determined in the risk assessment.

The Principal Contractor shall ensure that all labourers are informed regarding any hazard as stipulated in the risk assessment before any work commences, and thereafter at such times as may be determined in the risk assessment.

The Principal Contractor shall ensure that as far as is reasonably practicable, ergonomic related hazards are analysed, evaluated and addressed in the risk assessment.

No Principal Contractor shall allow or permit any employee to enter any site, unless such person has undergone health and safety induction training pertaining to the hazards prevalent on the site at the time of entry.

The Principal Contractor shall ensure that all visitors to a construction site undergoes health and safety instruction pertaining to the hazards prevalent on the site and shall be provided with the necessary personal protective equipment: Provided that where visits are made only to the site office which is not in direct contact with the construction work activities, those health and safety instructions and the provision of personal protective equipment may not apply.

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The contents and syllabi of all training required by the Act and Regulations including any other related or relevant training as required must be included in the Principal Contractor’s Health and Safety Plan and Health and Safety File.

11.6.1 General Induction Training

The Principal contractor must ensure that the employees on site are conversant with the general health and safety requirements on site. All employees of the Principal and other Contractors must be in possession of proof of General Induction training.

11.6.2 Site Specific Induction Training

All employees of the Principal and other Contractors must be in possession of Site Specific Occupational Health and Safety Induction or other qualifying training.

11.6.3 Other Training

All operators, drivers and users of construction vehicles, mobile plant and other equipment must be in possession of valid proof of training. All employees in jobs requiring training in terms of the Act and Regulations must be in possession of valid proof of training as follows:

General Induction (Section 8 of the Act)

Site/Job Specific Induction (also visitors) (Sections 8 & 9 of the Act)

Site/Project Manager

Construction Supervisor

OH&S Representatives (Section 18 (3) of the Act)

Training of the Appointees indicated in 12.6.1 & 12.6.2 above

Operation of Cranes (Driven Machinery Regulations 18 (11)

Operators & Drivers of Construction Vehicles & Mobile Plant (Construction Regulation 21)

Basic Fire Prevention & Protection (Environmental Regulations 9 and Construction Regulation 27)

As a minimum basic First Aid to be upgraded when necessary (General Safety Regulations 3)

Storekeeping Methods & Safe Stacking (Construction Regulation 26)

Emergency, Security and Fire Coordinator

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11.7 Accident and Incident Investigation

The Principal Contractor is responsible to oversee the investigation of all accidents/incidents where employees and non-employees were injured to the extent that he/she/they had to receive first aid or be referred for medical treatment by a doctor, hospital or clinic, (General Administrative Regulation 9). The Principal Contractor is responsible for the investigation of all non-injury incidents as described in Section 24 (1) (b) & (c) of the Act and keeping a record of the results of such investigations including the steps taken to prevent similar incidents in future.

The Principal Contractor is responsible for the investigation of all road traffic accidents relating to the construction site and keeping a record of the results of such investigations including the steps taken to prevent similar accidents in future. Notwithstanding the requirements of Section 24 of the Act, ALL incidents shall be investigated and reported on in writing, irrespective of whether such incident gave rise to injury or damage.

11.8 H&S Representatives and H&S Committees

11.8.1 Designation of H&S Representatives

Where the Principal Contractor employs more than 20 persons (including the employees of other Contractors (sub-contractors) he has to appoint one H&S Representatives for every 20 employees or part thereof. (Section 17 of the Act and General Administrative Regulation 6. & 7.) H&S Representatives have to be designated in writing and the designation shall be in accordance with the Collective Agreement as concluded between the parties as is required in terms of General Administration Regulation 6.

11.8.2 Duties and Functions of the H&S Representatives

The Principal Contractor must ensure that the designated H&S Representatives conduct at least a weekly inspection of their respective areas of responsibility using a checklist and report thereon to the Principal Contractor, after which these reports shall be consolidated for submission to the Health and Safety Committee. H&S Representatives must be included in and be part of accident/incident investigations. H&S Representatives shall be members of at least one H&S Committee and must attend all meetings of that H&S committee.

11.8.3 Establishment of H&S Committee(s)

The Principal Contractor must establish H&S Committees consisting of designated H&S Representatives together with a number of Employers Representatives appointed as per Section 19(3) that are not allowed to exceed the number of H&S Representatives on the committee. The persons nominated by the employer on an H&S Committee must be designated in writing for such period as may be determined by the project period. The H&S Committee shall co-opt advisory (temporary) members and determine the procedures of the meetings including the chairmanship.

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12. HOUSE KEEPING

Good housekeeping will be maintained at all times as per Construction Regulation No. 25. Poor housekeeping contributes to three major problems, namely, costly or increased accidents, fire or fire hazards and reduction in production. Good housekeeping will enhance production time. Particular emphasis is to be placed on the following crucial elements of a construction site:

Phase priorities and production/plant layout

Enclosures

Pits, openings and shoring

Storage facilities

Effective, sufficient and maintained lighting or illumination

Principal sources of injuries e.g. stairways, runways, ramps, loose building material

Oil, grease, water, waste, rubble, glass, storm water

Colour coding

Demarcations

Pollution

Waste disposal

Ablution and hygiene facilities

First aid disposals

Hazardous chemical substances This list must not be taken to be exclusive or exhaustive.

In promotion of environmental control all waste, rubble, scrap etc, will be disposed of at a registered dumping site and records will be maintained. Where it is found to be impractical to use a registered dump site or it is not available, the Principal Contractor will ensure that the matter is brought to record with the client or his representative, after which suitable, acceptable alternatives will be sought and applied. Dross and refuse from metals, and waste matters or by-products whose nature is such that they are poisonous or capable of fermentation, putrefaction or constituting a nuisance shall be treated or disposed of by methods approved of by an inspector.

13. OPERATIONAL CONTROL

The Principal Contractor shall take reasonable steps to ensure that necessary control measures are taken to promote safe working environment during all operational works. Routine safety inspections shall be carried out to ensure plant; machinery and tools are safe enough for employees to work with. Operational control measures shall be taken for the following activities and plant or machinery where applicable:

Fall protection;

Excavation work;

Scaffolding;

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Mobile plants;

Electrical installation and machinery; and

Other associated activities. 14. SUB CONTRACTORS The Principal Contractor shall ensure that agreements are entered into by all sub-contractors on site, and ensure that all sub-contractors are in compliance with the health and safety standards on site. Particulars of sub-contractors involved in specialised work such as blasting, concrete works and electrical installations must be submitted to the designers for approval and their safety plans submitted to the Client for approval.

15. OFFENCES AND PENALTIES

Any contractor who does not comply with the requirements of the Act, will be penalised or punished as per Section 38 of the Act. The principal contractor must also note that the Client may stop the execution of construction work if it is not in accordance with the health and safety plan or if it poses a threat on the health and safety of employees and the public.

C3.4.3.2 ENVIRONMENTAL MANAGEMENT PLAN

CONTENTS

C3.4.3.2.1 SCOPE

C3.4.3.2.2 DEFINITIONS

C3.4.3.2.3 IDENTIFICATION OF ENVIRONMENTAL ASPECTS AND IMPACTS

C3.4.3.2.4 LEGAL REQUIREMENTS

C3.4.3.2.5 ADMINISTRATION OF ENVIRONMENTAL OBLIGATIONS

C3.4.3.2.6 TRAINING

C3.4.3.2.7 ACTIVITIES/ASPECTS CAUSING IMPACTS

C3.4.3.2.8 ENVIRONMENTAL MANAGEMENT OF CONSTRUCTION ACTIVITIES

C3.4.3.2.9 RECORD KEEPING

C3.4.3.2.10 COMPLIANCE AND PENALTIES

C3.4.3.2.11 MEASUREMENT AND PAYMENT

C3.4.3.2.1. SCOPE

This environmental management programme (EMP) sets out the methods by which proper

environmental controls are to be implemented by the contractor. The duration over which the

contractor’s controls shall be in place cover the construction period of the project as well as the

limited time after contract completion defined by the General Conditions of Contract, and the

project specifications, as the defects notification period (maintenance period).

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The provisions of this EMP are binding on the contractor during the life of the contract. They

are to be read in conjunction with all the documents that comprise the suite of documents for

this contract.In the event that any conflict occurs between the terms of the EMP and the project

specifications or Record of Decision, the terms herein shall be subordinate.

The EMP is a dynamic document subject to similar influences and changes as are brought by

variations to the provisions of the project specification. Any substantial changes shall be

submitted to the Client in writing for approval.

The EMP identifies the following:

Construction activities that will impact on the environment.

Specifications with which the contractor shall comply in order to protect the environment from

the identified impacts.

Actions that shall be taken in the event of non-compliance.

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C3.4.3.2.2. DEFINITIONS

Alien Vegetation: alien vegetation is defined as undesirable plant growth which shall include,

but not be limited to, all declared category 1 and 2 listed invader species as set out in the

Conservation of Agricultural Resources Act (CARA) regulations. Other vegetation deemed to

be alien shall be those plant species that show the potential to occupy in number, any area

within the defined construction area and which are declared to be undesirable.

Construction Activity: a construction activity is any action taken by the contractor, his

subcontractors, suppliers or personnel during the construction process as defined in the South

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

Environment: environment means the surroundings within which humans exist and that could

be made up of -

- the land, water and atmosphere of the earth;

- micro-organisms, plant and animal life;

- any part or combination of (i) and (ii) and the interrelationships among and between

them; and

- the physical, chemical, aesthetic and cultural properties and conditions of the foregoing

that influence human health and well-being.

Environmental Aspect: an environmental aspect is any component of a contractor’s

construction activity that is likely to interact with the environment.

Environmental Impact: an impact or environmental impact is the change to the environment,

whether desirable or undesirable, that will result from the effect of a construction activity. An

impact may be the direct or indirect consequence of a construction activity.

Record of Decision: a record of decision is a written statement from the Department of

Economic Development, Environment and Tourism, that records its approval of a planned

undertaking to improve, upgrade or rehabilitate a section of road and the mitigating measures

required to prevent or reduce the effects of environmental impacts during the life of a contract.

Road Reserve: the road reserve is a corridor of land, defined by co-ordinates and proclamation,

within which the road, including access intersections or interchanges, is situated. A road

reserve may, or may not, be bounded by a fence.

Road Width: for the purposes of the EMP, the road width is defined as the area within the road

reserve i.e. fence line to fence line, but also includes all areas beyond the road reserve that are

affected by the continuous presence of the road, e.g. a reach of a water course.

C3.4.3.2.3. IDENTIFICATION OF ENVIRONMENTAL ASPECTS AND IMPACTS

The contractor shall identify likely aspects before commencing with any construction activity.

Examples of environment aspects include:

- waste generation

- stormwater discharge

- emission of pollutants into the atmosphere

- chemical use operations

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- energy use operations

- water use operations

- use of natural resources

- noise generation

Thereafter the contractor shall programme his work in such a way that each cause and effect

of a construction activity is also identified and the activity planned so as to prevent any impact

from happening. If prevention is not practicable, or in the event of mishap or misapplication, the

contractor shall provide plans and measures for the engineer’s approval, which will limit and

contain the magnitude, duration and intensity of the impact. The contractor shall demonstrate

that he/she is capable of carrying out any repair and reinstatement of the damaged

environment. These requirements shall be concurrent with the time constraints to produce an

approved construction programme according to sub-clause 8.3 as amended by Particular

Condition of the general conditions of contract and clause B1204 of these project specifications.

Listed below are some environmental impacts that could adversely alter an aspect of the

environment through usual construction activities:

Pollution of atmosphere, soil or water

Destruction or removal of fauna and flora and effect on biological diversity

Deformation of the landscape

Soil erosion

Destruction of historical/heritage sites

Effect on the built environment

Effect on agricultural land and wetlands

General good construction practice will play an important role in avoiding the occurrence of an

Impact. The contractor’s attention is drawn, in this regard, to C1008. Environmental

Management of Construction Activities

C3.4.3.2.4. LEGAL REQUIREMENTS

a) General

Construction will be according to the best industry practices, as identified in the project

documents. This EMP, which forms an integral part of the contract documents, informs the

contractor as to his duties in the fulfilment of the project objectives, with particular reference to

the prevention and mitigation of environmental impacts caused by construction activities

associated with the project. The contractor should note that obligations imposed by the EMP

are legally binding in terms of environmental statutory legislation and in terms of the additional

conditions to the general conditions of contract that pertain to this project. In the event that any

rights and obligations contained in this document contradict those specified in the standard or

project specifications then the latter shall prevail.

b) Statutory and other applicable legislation

The contractor is deemed to have made himself conversant with all legislation pertaining to the

environment, including provincial and local government ordinances, which may be applicable

to the contract.

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ADMINISTRATION OF ENVIRONMENTAL OBLIGATIONS

a) Appointment of a Designated Environmental Officer (DEO)

For the purposes of implementing the conditions contained herein, the contractor shall submit

to the engineer for approval the appointment of a nominated representative of the contractor as

the DEO for the contract. The request shall be given, in writing, at least fourteen days before

the start of any work clearly setting out reasons for the nomination, and with sufficient detail to

enable the engineer to make a decision. The engineer will, within seven days of receiving the

request, approve, reject or call for more information on the nomination. Once a nominated

representative of the contractor has been approved he/she shall be the DEO and shall be the

responsible person for ensuring that the provisions of the EMP are complied with during the life

of the contract. The engineer will be responsible for issuing instructions to the contractor where

environmental considerations call for action to be taken. The DEO shall submit regular written

reports to the engineer, but not less frequently than once a month.

The engineer shall have the authority to instruct the contractor to replace the DEO if, in the

engineer’s opinion, the appointed officer is not fulfilling his/her duties in terms of the

requirements of the EMP or this specification. Such instruction will be in writing and shall clearly

set out the reasons why a replacement is required.

There shall be an approved DEO on the site at all times.

b) Administration

Before the contractor begins each construction activity the DEO shall give to the engineer a

written statement setting out the following:

The type of construction activity.

Locality where the activity will take place.

Identification of the environmental aspects and impacts that might result from the activity.

Methodology for impact prevention for each activity or aspect.

Methodology for impact containment for each activity or aspect.

Emergency/disaster incident and reaction procedures.

Treatment and continued maintenance of impacted environment.

The contractor may provide such information in advance of any or all construction activities

provided that new submissions shall be given to the engineer whenever there is a change or

variation to the original.

The engineer may provide comment on the methodology and procedures proposed by the DEO,

but he shall not be responsible for the contractor’s chosen measures of impact mitigation and

emergency/disaster management systems. However, the contractor shall demonstrate at

inception and at least once during the contract that the approved measures and procedures

function properly.

c) Good Housekeeping

The Contractor shall undertake “good housekeeping” practices during construction as stated in

the General Conditions of Contract. This will help avoid disputes on responsibility and allow for

the smooth running of the contract as a whole. Good housekeeping extends beyond the wise

practice of construction methods that leaves production in a safe state from the ravages of

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C3.5.21

weather to include the care for and preservation of the environment within which the site is

situated.

C3.4.3.2.5. TRAINING

The designated environmental officer (DEO) must be conversant with all legislation pertaining

to the environment applicable to this contract and must be appropriately trained in

environmental management and must possess the skills necessary to impart environmental

management skills to all personnel involved in the contract.

The contractor shall ensure that adequate environmental training takes place. All employees

shall have been given an induction presentation on environmental awareness. Where possible,

the presentation needs to be conducted in the language of the employees. The environmental

training should, as a minimum, include the following:

- The importance of conformance with all environmental policies

- The environmental impacts, actual or potential, of their work activities;

- The environmental benefits of improved personal performance;

- Their roles and responsibilities in achieving conformance with the environmental policy

and procedures and with the requirement of the Client’s environmental management

systems, including emergency preparedness and response requirements;

- The potential consequences of departure from specified operating procedures;

- The mitigation measures required to be implemented when carrying out their work

activities.

In the case of permanent staff the contractor shall provide evidence that such induction courses

have been presented. In the case of new staff (including contract labour) the contractor shall

inform the engineer when and how he/she intends concluding his environmental training

obligations.

C3.4.3.2.6. ACTIVITIES/ASPECTS CAUSING IMPACTS

A list of possible causes of environmental impacts that occur during construction activities is

given in Table 7/1: Aspects or Activities that Cause Environmental Impacts during Construction

Activities, which is to be found at the end of this part. This list is not exhaustive, and shall be

used for guideline purposes only.

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Scope of Work CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C3.4.3.3 PROVISION OF STRUCTURED TRAINING

CONTENTS

C3.4.3.3.1 SCOPE

C3.4.3.3.2 GENERIC TRAINING

C3.4.3.3.3 ENTREPRENEURIAL SKILLS TRAINING

C3.4.3.3.4 MEASUREMENT AND PAYMENT

C3.4.3.3.1 SCOPE

This specification covers the requirements for the provision of structured training to be

arranged by the contractor over the period of this contract.

C3.4.3.3.2 GENERIC TRAINING

C3.4.3.3.2.1 The contractor shall, from the commencement of the contract, implement a

structured progressive training programme.

C3.4.3.3.2.2 Training shall be at or by an approved accredited organisation and shall be

delivered by suitably qualified and experienced trainers.

C3.4.3.3.2.3 The contractor shall be responsible for the provision of everything necessary

for the delivery of the generic training programme, including the following:

(a) A suitable venue with sufficient furniture, lighting and power.

(b) All necessary stationery consumables and study material

(c) Transport of the students (as necessary)

C3.4.3.3.2.4 Generic training courses shall commence within one month of possession of

site and be completed before the end of the contract period. The Training Schedule

should form part of the section 12 programme to be approved by the Engineer at the

start of the project.

C3.4.3.3.2.5 The contractor's training programme shall be subject to the approval of

Mbombela Local Municipality and the contractor shall if so instructed by Mbombela

Local Municipality alter or amend the programme and course content if a need is

identified once the contract commences.

C3.4.3.3.2.6 The contractor shall keep comprehensive records of the training given to

each student and whenever required shall provide copies of such records to the

engineer. At the successful completion of each course each student shall be issued

with a certificate indicating the course contents as proof of attendance and

completion.

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In addition to the above, a monthly return shall be submitted by the contractor. An

example of the form is illustrated in Part C5 of this document (form RDP 11 (E))

C3.4.3.3.3 ENTREPRENEURIAL SKILLS TRAINING

C3.4.3.3.3.1 Small contractors, subcontractors and the Project Steering Committee

(PSC) will be entitled to receive a structured training programme, which will comprise

both management skills as well as business development skills.

C3.4.3.3.3.2 The contractor shall closely monitor the performance of all small

subcontractors in the execution of their contracts and shall identify all such

subcontractors who, in his opinion, display the potential to benefit from structured

training as may be provided for in the contract and where required by the engineer,

shall make recommendations in this regard. The final list of candidates will be

decided between the contractor and the engineer.

C3.4.3.3.3.3 The training will be delivered by trainers who are accredited by the Civil

Engineering Training Scheme (CEITS) or other institutions recognised by the

Department of Labour. Accredited training refers to both the trainers as well as to

the training material.

C3.4.3.3.3.4 The contractor shall facilitate in the delivery thereof, by instructing and

motivating the subcontractor regarding attendance and participation therein.

C3.4.3.3.3.5 The contractor shall further make all reasonable efforts to co-ordinate the

programming of the subcontractor’s work with that of the delivery of the structured

training.

C3.4.3.3.3.7 The contractor shall be responsible for the provision of everything necessary

for the delivery of the entrepreneurial training programme, including the following:

(a) A suitably furnished venue (if required) with lighting and power.

(b) All necessary consumables, stationery and study material

(c) Transport of the subcontractors (as necessary)

C3.4.3.3.3.7 All entrepreneurial training shall take place within normal working hours.

C3.4.3.3.3.8 The contractor’s training programme shall be subject to the approval of Client

and the contractor shall if so instructed by MBOMBELA LOCAL MUNICIPALITY alter

or amend the programme and course content if a need is identified once the contract

commences.

C3.4.3.3.3.10 The contractor shall keep comprehensive records of the training given to

each subcontractor and whenever required shall provide copies of such records to

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the engineer. At the successful completion of each course each subcontractor shall

be issued with a certificate indicating the course contents as proof of attendance

and completion.

In addition to the above, a monthly return shall be submitted by the contractor. An

example of the form to be used is illustrated in Part C5 of this document, (form RDP

12 (E)).

C3.4.3.3.4 MEASUREMENT AND PAYMENT

B12.03 Basic Skills and Construction Training:

B12.03 (a) Provision for basic skills and construction site safety training.

Prov. Sum

B12.03 (b) PSC Training Prov. Sum

B12.03 (c) Overheads, charges and profit on item %

B12.03 (d) Training venue (Only if required) Prov. Sum

The provisional sums are provided to cover the actual costs (including wages and the daily

PSC reimbursement) for attendance of accredited training courses as agreed with the

engineer and shall be expended in accordance with the provisions of sub-clause 6.6.1 of

the general conditions of contract. The tendered percentage in sub-item B12.03 (c) is a

percentage of the amount actually spent under sub-items B12.03 (a) 1and B12.03 (b) which

shall include full compensation for the contractor’s handling cost, profit, mentoring, record

keeping, reporting and all other costs in connection therewith.

The provisional sum for B12.03 (d) shall include full compensation for the provision of the

training venue, for all necessary lighting, power, furniture, stationery, consumables and

study material and for transportation of the students to and from the training venue.

Payment of the provisional sum will be made after the provision of all the accredit training,

issuing of all certificates and submission of all records as specified in the document.

The contractor shall obtain quotations for the above to be submitted to the Engineer and

Client for approval

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C3.4.3.4 PROVISION OF THE TEMPORARY WORKFORCE

CONTENTS

C3.4.3.4.1 SCOPE

C3.4.3.4.2 INTERPRETATIONS

C3.4.3.4.3 PERMITTED SOURCES OF TEMPORARY WORKERS

C3.4.3.4.4 EMPLOYMENT RECORDS TO BE PROVIDED

C3.4.3.4.5 VARIATIONS IN WORKER PRODUCTION RATES

C3.4.3.4.6 TRAINING OF THE TEMPORARY WORKFORCE

C3.4.3.4.7 RECRUITMENT AND SELECTION PROCEDURES

C3.4.3.4.8 TERMS AND CONDITIONS PERTAINING TO THE EMPLOYMENT OF THE

TEMPORARY WORKFORCE

C3.4.3.4.9 LABOUR RELATIONS AND WORKER GRIEVANCE PROCEDURES

C3.4.3.4.10 THE SUBCONTRACTORS' WORKFORCES

C3.4.3.4.11 MEASUREMENT AND PAYMENT

C3.4.3.4.1 SCOPE

This Specification covers the provisions and requirements relating to the provision of the

temporary workforce. Reference is also made to the Basic Conditions of Employment Act

(Act 75 of 1997) with specific reference to the Sectorial Determination 2: Civil Engineering

Sector

C3.4.3.4.2 INTERPRETATIONS

C3.4.3.4.2.1 Supporting documents

The Tender Rules, Conditions of Contract, Standard and Project Specifications, Drawings

and statutory minimum requirements relating to the employment and remuneration of labour

shall inter alia be read in conjunction with this Specification.

C3.4.3.4.2.1.2 Definitions and abbreviations

For the purposes of this specification, the definitions given in the Conditions of Contract, the

Standard Specifications and the Project Specifications, together with the following

additional definitions shall, unless the context dictates otherwise, apply:

(a) "Key Personnel" means all contracts managers, site agents, materials and survey

technicians, trainers, supervisors, foremen, skilled plant operators, artisans and the

like, and all other personnel in the permanent employ of the Contractor or Subcontractor

who posses special skills and/or who play key roles in the Contractor's or

Subcontractor's operation

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(b) "Project Committee" means a committee consisting of the Employer, the Engineer, the

Contractor, (or their nominated representatives) as well as representatives of the

temporary workforce, which is convened from time to time at the discretion of the

Engineer, for the purposes of acting as an avenue for effective communication and

liaison between all the parties referred to, in all matters pertaining to the Contract

(c) "Subcontractor" means any person or group of persons in association, or firm, or body

corporate (whether formally constituted or otherwise) not being the Contractor, to whom

specific portions or aspects of the Works are sublet or subcontracted by the Contractor

in accordance with the provisions of the Contract

(d) "Worker" for the purposes of this Specification means any person, not being one of the

Contractor's key personnel, nor any key personnel of any Subcontractor, who is

engaged by the Contractor, a Subcontractor or the Employer to participate in the

execution of any part of the Contract Works and shall include unskilled labour, semi-

skilled and skilled labour, clerical workers and the like

(e) "Workforce" means the aggregate body comprising all workers and shall, unless the

context dictates otherwise, include the workforces of the Contractor and all

Subcontractors

(f) “Project Steering Committee (PSC)” means a committee comprising mainly of

representatives (to a maximum of 10) of the affected communities with the Contractor,

Consultants and the MBOMBELA LOCAL MUNICIPALITY. The PSC convenes at least

once a month as well as when the need so dictates, for the purpose of recruiting labour

for the project, to address community issues and for acting as an avenue for effective

communication and liaison between all the parties.

(g) "Liaison Officer" means a local representative of the temporary workforce, duly

appointed through the PSC processes, to act on behalf of the workers and through

whom all matters pertaining to the temporary workforce can be channelled.

C3.4.3.4.2.1.3 Status

Where any provisions or requirements of this Specification are in conflict with anything

elsewhere set out in the Contract, the provisions and requirements of this Specification shall

take precedence and prevail.

C3.4.3.4.3 PERMITTED SOURCES OF TEMPORARY WORKERS

The Contractor shall as far as possible make optimum use of the human resources outside

his own workforce and the workforces of all subcontractors. The temporary workforce that

is to be used in the execution of the Works in terms of Part C3 may consist of the workers

of local communities, and shall not be bound to one particular community.

C3.4.3.4.4 EMPLOYMENT RECORDS TO BE PROVIDED

(a) The Contractor shall maintain accurate and comprehensive records of all workers

engaged on the Contract and shall provide the Engineer at monthly intervals from the

commencement of the Contract, with interim records substantiating the actual

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numbers of employment opportunities that shall have been generated to date and the

amounts actually paid in respect thereof. Such interim records shall be in a

MBOMBELA LOCAL MUNICIPALITY approved format.

(b) The Contractor shall, on completion of the Contract, and as a pre-requisite event to

the release of any retention money in terms of the Conditions of Contract, provide the

Engineer with copies of the Terms of Employment as well as independently audited

documentary evidence of the total number of temporary and permanent employment

opportunities actually generated during the Contract.

C3.4.3.4.5 VARIATIONS IN WORKER PRODUCTION RATES

Notwithstanding anything to the contrary as may be stated in or inferred from any other

provision of this Contract, the Contractor shall not be entitled to any additional

payment or compensation whatever, in respect of any differences as may result

between the production rates actually achieved by workers in the course of the

execution of the Contract Works and those production rates on which he has based

his tender.

C3.4.3.4.6 TRAINING OF THE TEMPORARY WORKFORCE

(a) Selected members of the workforce are to be provided with structured training in

accordance with the provisions of Part C3.4.3.3.

(b) The Contractor shall make all necessary allowances in his programme of work to

accommodate and facilitate the delivery of such structured training and shall comply

fully with the requirements of Part C3.4.3.3.

(c) The provision of structured training as described in Part C3.4.3.3. shall not relieve the

Contractor of any of his obligations in terms of the Conditions of Contract and the

Contractor shall remain fully liable for the provision, at his own cost, of all training of

the workforce, additional to that as provided for in Part C3.4.3.3, as may be necessary

to achieve the execution and completion of the works strictly in accordance with the

provisions of the Contract.

C3.4.3.4.7 RECRUITMENT AND SELECTION PROCEDURES

C3.4.3.4.7.1 The Project Steering Committee, though the assistance of the Social

Facilitator and the Contractor, shall be responsible for the recruitment

and selection of the Community Liaison Officer and the workers to

constitute the temporary workforce.

C3.4.3.4.7.2 The Contractor shall advise the Engineer in writing of the numbers of each

category of temporary worker which he requires, together with the personal

attributes which he considers desirable that each category of worker shall

possess (taking due cognisance of the provisions of the Contract relating to

training).

C3.4.3.4.7.3 The Social Facilitator shall take the necessary actions to advertise within

the affected local communities comprising the personnel resources, the

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fact that temporary employment opportunities exist and the time and

place where recruiting will occur

C3.4.3.4.7.4 The Social Facilitator shall record in writing, the details of all persons

applying for employment, including inter alia:

(a) Name, Identity Number, Date of Birth, age and sex

(b) Marital status and number of dependants

(c) Qualifications and previous work experience (whether substantiated or

not)

(d) On the job training programmes attended

(e) Period since last economically active

(f) Preference for type of work or task.

C3.4.3.4.7.5 The selection of workers from amongst the applicants should take into

cognizance the Contractor’s requirements for the workforce and the

provisions of the contract in regard to the provision of training to the

workforce and in accordance with the following principle:

(a) No potential temporary worker shall be precluded from being employed by the

Contractor on the execution of the Works, by virtue of his lack of skill in any

suitable operation forming part of the Works, unless -

(i) all available vacancies have been or can be filled by temporary

workers who already posses suitable skills, or

(ii) the Time for Completion allowed in the Contract, or the remaining

portion of the Contract Period (as the case may be) is insufficient to

facilitate the creation of the necessary skills.

(b) Preference shall be given to the unemployed and single heads of households.

(c) The Contractor shall, in so far as is reasonably practicable, give priority to

accommodating the applicants' expressed preferences regarding the types of

work for which they are selected.

(d) The selection process shall not be prejudicial to youth (over the age of fifteen

years) and women. The Contractor should strive to achieve the participation

target for employment set for this project which is 60% female and 20% youth.

C3.4.3.4.7.6 After making the selection, the Social Facilitator shall forward the list in

writing and without undue delay, to the Engineer for record keeping.

C3.4.3.4.7.7 The provisions of this clause shall apply mutatis mutandis in respect of the

selection of additional or replacement members of the workforce as may be necessary from

time to time during the Contract.

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C3.4.3.4.7.8 The Contractor shall, after appointing his temporary workforce, arrange at

his own cost for the appointment of the Liaison Officer as representative of the workforce to

act on their behalf with regards to all matters pertaining to the workforce.

C3.4.3.4.8 TERMS AND CONDITIONS PERTAINING TO THE EMPLOYMENT OF THE

TEMPORARY WORKFORCE

C3.4.3.4.8.1 All temporary workers engaged in accordance with the provisions of Part A

of the Project Specifications, shall be employed on the terms and conditions of employment

as are consistent with those as set out in this Contract. The Contractor shall implement and

adhere strictly to such terms and conditions relating to the employment of the temporary

workforce, and subject only to the provisions of this Contract, shall not employ any

temporary worker on terms and conditions which are less favourable to the worker or

inconsistent with the standards and norms generally applicable to temporary workers in the

Civil Engineering Industry and applicable to the particular area. Refer to the Contract of

Employment drafted/published by Department of Labour.

C3.4.3.4.8.2 RATE OF REMUNERATION. The Contractor shall pay to all workers

engaged in terms of the contract, not less than the applicable gazetted minimum rate of

remuneration in terms of the Sectorial Determination 2: Civil Engineering Sector.

The remuneration of the CLO shall be paid monthly at the rate equivalent to Task Grade 3

in accordance with the provisions of the Basic Conditions of Employment Act, No. 75 of

1997, Amendmenti.t.oSectoral Determination 2: Civil Engineering Sector, South Africa

C3.4.3.4.8.3 NON-PAYMENT OF LABOURERS. Under this contract it is expected of the

Main Contractor to ensure that all labourers are paid in time on a monthly basis, whether

they are employed by him/her directly or by any of his/her subcontractors. In the event of

non-compliance, the employer reserves the right to use any remedies available at its

disposal.

C3.4.3.4.9 LABOUR RELATIONS AND WORKER GRIEVANCE PROCEDURES

C3.4.3.4.9.1 The Contractor, as the Employer of the workforce, shall be fully responsible

for the establishment and maintenance at his own cost, of satisfactory labour relations on

site and the resolution of all grievances of temporary workers as may occur. Refer to

Disciplinary Procedures for Small Business drafted/published by Department of Labour.

C3.4.3.4.9.2 The Contractor shall at all times adhere to the accepted norms and standards

of labour relations prevailing generally in the Civil Engineering Construction Industry and

shall conduct himself in a fair and reasonable manner, within the constraints as may be

imposed upon him by the terms of the Contract.

C3.4.3.4.9.3 In the event of any temporary worker engaged by the Contractor in terms of

the Contract, being aggrieved with regard to his Terms of Employment, working conditions

and training, he shall have the right, at his discretion, to be supported in any inquiry or

disciplinary hearing or investigation instituted by the Contractor in terms of Sub-clause

C3.4.3.4.9.2 above, by one member of the temporary workforce and one member of the

Project Committee, which persons shall be nominated by the worker.

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C3.4.3.4.9.4 In the event of any grievance not being satisfactorily resolved through the

application of normal dispute resolution procedures in accordance with Sub clauses

C3.4.3.4.9.2 and C3.4.3.4.9.3, then either the Contractor or the worker concerned may

require that the matter be referred to the Project Committee for further consideration, with

a view to facilitate the resolution thereof.

C3.4.3.4.10 THE SUBCONTRACTORS' WORKFORCES

C3.4.3.4.10.1 The provisions of this Part C shall apply mutatis mutandis to the workforces

employed by all subcontractors engaged by the Contractor and the Contractor shall be fully

responsible for ensuring, at his own cost, that the terms of every subcontract agreement

entered into are such as to facilitate the application of these provisions in respect of the

workforces of all subcontractors.

C3.4.3.4.10.2 The Contractor shall at his own cost and to the extent necessary, assist and

monitor all subcontractors in the application of the provisions of this Specification, and shall,

in terms of the Conditions of Contract, remain fully liable in respect of the acts, omissions

and neglects of all subcontractors, in respect of the application of the provisions of this

Specification.

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C3.4.3.4.11 MEASUREMENT AND PAYMENT

The Contractor will not be separately reimbursed or compensated in respect of the provision

of the workforce and creation of temporary employment opportunities and all the

Contractor's costs associated with compliance with the provisions of this part of the Project

Specifications shall, except to the extent provided for in Part C3.4.3.3. as relevant, be

deemed to be included in the rates tendered for the various items of work listed in the

Schedule of Quantities.

C6. PROFOMA DOCUMENTS

PROFORMA DOCUMENTS

The following is a list of proforma documents and examples that are required to be

completed by the successful tenderer.

C6.1. RETENTION MONEY GUARANTEE PROFORMA ........................................ 11

C6.2. EXAMPLE OF ABE DECLARATION AFFIDAVIT .......................................... 13

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Scope of Work CONTRACT No: 97/2016 PROJECT NAME: CONSTRUCTION OF A ROAD: SIBUYILE ROAD PHASE 2

C6.1 RETENTION MONEY GUARANTEE PROFORMA

EXAMPLE

MBOMBELA LOCAL MUNICIPALITY

FOR INFORMATION ONLY:

P.O Box 45

Nelspruit

1200

Notes to Tenderer

1. This pro forma is for information only. The successful tenderer’s

guarantor will need to reproduce it without amendment, omission or

addition for completion and lodgement with the Employer.

2. The tenderer’s guarantee will have to be on letterheads indicating the

contact details of the guarantor, shareholders/board of directors,

guarantee number and the company registration number.

CONTRACT NO: Error! Reference source not found.

Error! Reference source not found.Construction of a paved road: Sibuyile Road

Phase 2

The guarantee is issued on behalf of ..................................................................................

Registration No ............................................................................................................

(hereinafter referred to as “the Contractor”) in connection with the above mentioned contract

(hereinafter referred to as “the Contract”).

Whereas you have agreed that the Contractor may provide a guarantee in lieu of the

retention monies provided for under the Contract.

Now therefore we, the undersigned, being duly authorised to represent the ........................

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

(full name of guarantor) registration number ........................................................................

undertake to pay you such amounts as you may from time to time demand from us,

immediately upon receipt of a written demand from you.

1. Each demand shall be in writing and delivered to us at .....................................

or such other address as we shall in writing notify to you.

2. Our liability to make the payments herein referred to shall be unconditional and

not be affected or diminished by any disputes, claims or counterclaims between

you and the Contractor.

3. Our aggregate liability under this guarantee is limited to ....................................

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(R……………………………..) and is restricted to payment of monies only.

4. This guarantee shall expire on the date on which the last of the retention monies,

which but for this guarantee would have been retained by you, becomes

payable to the Contractor.

5. This guarantee is neither negotiable nor transferable and must be returned to

us against final payment of our aggregate liability or on the date of the expiry of

the guarantee in terms of Clause 4 (above), whichever is the earlier.

Signed at ................................... for and on behalf of .......................................................

on this the . ...................... day of .................................. in the year .....................................

GUARANTOR: ....................................................................................................................

AS WITNESS:

1. ................................................. 2. ...........................................................

NAME(Print): .............................................. NAME(Print): ..............................................

ADDRESS ................................................. ADDRESS ..................................................

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

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

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C6.2 EXAMPLE OF ABE DECLARATION AFFIDAVIT

(facsimiles will be provided by the Employer to be completed by ABEs)

1. Name of firm : …………………………………………………

Postal address : …………………………………………………

Telephone no. : …………………Fax no …………………….

Contact person : …………………………………………………

VAT registration no. : …………………………………………………

2. Type of firm (tick as appropriate)

- Partnership………………………………………………..

- One person business/sole trader……………………….

- Close corporation: registration no………………………

- Date of registration……………………………………….

- Company: registration no……………………………….

- Pty Ltd: registration no……………………………………

3. Principal Business Activities :……………………………………………………………

4. Service/work to be performed on this contract: ……………………………………

5. Participation in this contract

- as a Sub-contractor Yes/No

- in a Joint Venture Yes/No

- with main contractor Yes/No

- with a sub-contractor Yes/No

6. List all partners, proprietors and shareholders:

Name ID. No. Citizen of RSA

Yes/No

PDI status

Yes/No

%owned

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7. List the last four contracts/assignments completed by your firm. If required, a separate

sheet may be used and attached to this page. Reference may be called from the

Employers of the projects listed.

PROJECT AND WORK PERFORMED

EMPLOYER

(NAME, ADDRESS, TEL, FAX)

VALUE OF RANDS

Notes to tenderer:

Under column 1 state the assignment or contract (eg. Contract XYZ0123): Construction of

rural roads) and follow this with the work carried out (eg. construction of pipe culverts).

Under column 2, if it was a sub-contract give the required details of the employer for the

main contract and also of the Contractor who employed you.

Under column 3 give the value of the main contract (if any and if known) and also the value

of the work carried out by you.

8. Declaration

I, ……………………………………………………………………………………………, being

duly authorised to sign on behalf of the firm, affirm that the PDI equity in this business is as

stated above and that the information furnished is true and correct.

Signature .......................................................................................................

Name (print) .......................................................................................................

Date .......................................................................................................

Signed on behalf of (print name) ..........................................................................................

Address .......................................................................................................

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

Telephone no. .......................................................................................................

Commissioner of Oath .......................................................................................................

Date .......................................................................................................

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Note: In the case of a Company a certificate of authority for signatory must be

provided.