DEPARTMENT Technical Services DIRECTORATE Road Infrastructure Management Directorate DIVISION Roads Provision PROCUREMENT DOCUMENT : INFRASTRUCTURE Documents are to be obtained, free of charge, in electronic format, from the National Treasury’s eTenders website or the eThekwini Municipality website Contract No: 1R-32862 Routine structural maintenance repairs to municipal-owned Contract Title: retaining walls within the eThekwini Metropolitan area for 18 months Est. CIDB Grade/ Class: 4 CE or Higher CLARIFICATION MEETING AND QUERIES Clarification Meeting: Compulsory Clarification Meeting. Questions and answers from the clarification meeting will be consolidated and posted on eTenders/Municipal website for the benefit of all tenderers by 16 October 2025. Meeting Location, Date, Time: Boardroom 213, 30 Archie Gumede Place, Durban, 4001 On 25 September 2025 at 11h00 Queries can be addressed to: Name: Hlaka Mbina The Employer’s Agent’s: Tel: 031-322-3959 Representative: eMail: Hlaka.Mbina@durban.gov.za TENDER SUBMISSION The Tender Offer (hard copy) shall be delivered to: Delivery location: The Tender Box in the foyer of the Municipal Building, 166 KE Masinga Road, Durban Tenderers are to also make an electronic submission via the eThekwini Municipality JDE System (SSS Module) (see Tender Data: C.2.13). JDE Queries Contact: Lindo Dlamini: Tel: 031-322-7133 / 031-322-7153 Email: supplier.selfservice@durban.gov.za Closing Date/ Time: Friday, 24 October 2025 at 11h00 Tender Offers submitted via any means other than that stated in the Tender Data will be deemed invalid Issued by: ETHEKWINI MUNICIPALITY Deputy Director: Roads Provision Date of Issue: 03/09/2025 Document Version 12/05/2025 FOR OFFICIAL USE ONLY Tenderer Name: VAT Registered: Yes Price (excl) VAT Price (incl) Submitted: R R R Corrected: R R R No Contract No: 1R-32862 INDEX to PROCUREMENT DOCUMENT TENDERING PROCEDURES TENDER PART T1.1 Part T1 T1.2 Tender Notice and Invitation to Tender T1.1.1 Tender Notice and Invitation to Tender .................................. 2 T1.1.2 Information Regarding the eThekwini JDE System ................ 3 T1.1.3 Notes to Tenderers ................................................................. 5 Tender Data T1.2.1 T1.2.2 T1.2.3 Part T2 Page Standard Conditions of Tender ............................................... ................................................................................................ Tender Data (applicable to this tender) .................................. ................................................................................................ Additional Conditions of Tender .............................................. RETURNABLE DOCUMENTS List of Returnable Documents ............................................................ 27 T2.2 Returnable Schedules, Forms and Certificates ................................ 28 Part C1 CONTRACT PART C1.2 Page Form of Offer and Acceptance C1.1.1 Offer ........................................................................................ 57 C1.1.2 Acceptance ............................................................................. 58 C1.1.3 Schedule of Deviations ........................................................... 59 Contract Data C1.2.1 Standard Conditions of Contract.............................................. 60 C1.2.2 C1.2.3 C1.2.3 Contract Data ........................................................................... 60 Additional Conditions of Contract ........................................... 66 PRICING DATA Page C2.1 Pricing Assumptions / Instructions ................................................... 68 C2.2 Bill of Quantities (separate page numbering system) ......................... 70 SCOPE OF WORK Page C3.1 Project Description and Scope of Contract ...................................... 72 C3.2 Project Specifications ......................................................................... 73 C3.3 Standard Specifications ..................................................................... 82 C3.4 Particular Specifications .................................................................... 97 C3.5 Contract and Standard Drawings ...................................................... 98 C3.6 Annexures ............................................................................................ 99 SITE INFORMATION Part C4 Index 26 T2.1 C1.1 Part C3 16 Page AGREEMENT AND CONTRACT DATA Part C2 7 Page C4.1 Locality Plan ........................................................................................ 100 C4.2 Conditions on Site ............................................................................... 100 C4.3 Test Results ......................................................................................... 100 Page 1 Document Version 12/05/2025 Contract No: 1R-32862 PART T1: TENDERING PROCEDURES T1.1.1: TENDER NOTICE AND INVITATION TO TENDER Tenders are hereby invited for the works to rehabilitate damaged municipal-owned retaining walls within the metropolitan boundaries. Subject Employer entity Tender Data Description The Employer is the eThekwini Municipality as represented by: Deputy Director: Roads Provision C.1.1.1 Tender Documents Documentation is to be downloaded from the National Treasury’s eTenders website or the eThekwini Municipality Website: • https://www.etenders.gov.za/ • https://www.durban.gov.za/pages/business/procurement C.1.2 CIDB Eligibility It is estimated that Tenderers should have a CIDB contractor grading designation of 4 CE (or higher). C.2.1.2 Clarification Meeting Boardroom 213, 30 Archie Gumede Place, Durban, 4001 On 25 September 2025 at 11h00 C.2.7 Seek Clarification Queries relating to these documents are to be addressed to the Employer’s Agent’s Representative whose contact details are: Name: Hlaka Mbina Tel: 031-322-3959 eMail: Hlaka.Mbina@durban.gov.za Submitting a Tender Offer The Tender Offer (hard copy) shall be delivered to: C.1.4 C.2.13 The Tender Box in the foyer of the Municipal Building, 166 KE Masinga Road, Durban An electronic submission, via the eThekwini Municipality JDE System (SSS Module), is also to be made. Refer to Part T1.1.2 and Tender Data: C.2.13. Notwithstanding the electronic submission, a tender offer will only be deemed valid if the “hard copy” submission has been made. Closing Time The Tender Offer (hard copy) shall be delivered, and the electronic submission completed, both on or before Friday, 24 October 2025, at or before 11h00. C.2.15 Evaluation of Tender Offers The 80/20 Price Preference Point System, as specified in the SCM Policy: Section 52: Preferential Procurement will be applied in the evaluation of tenders. Tender Data: C.3.11: Evaluation of Tender Offers details the awarding of Preference Points, and other related evaluation requirements. C.3.11 Requirements for sealing, addressing, delivery, opening, and assessment of tenders are stated in the Tender Data Applicable CIDB B.U.I.L.D. Programme Standards CIDB Standard for Indirect Targeting for Enterprise Development through Construction Works Contracts No CIDB Standard for Developing Skills through Infrastructure Contracts No Part T1: Tendering Procedures Page 2 Document Version 12/05/2025 Contract No: 1R-32862 T1.1.2: INFORMATION REGARDING THE ETHEKWINI JDE SYSTEM This Part (T1.1.2) is for information purposes only. Compliance requirements are stated in Part T1.2: Tender Data. 1) General eThekwini Municipality Bids, Tenders and Quotations (hereafter referred to as Tenders) are going to be submitted using the JDE System. This JDE System will be used for: • Viewing of available (open) Tenders, • Downloading procurement documentation for Tenders, • Uploading completed and signed Tender documentation, • Completion and submission of Tenders electronically, • Viewing the Tender opening schedule. 2) Registrations To be granted access to the JDE System prospective service providers must be registered on the National Treasury’s Central Supplier Database (CSD), the eThekwini Municipality Supplier Portal, and the eThekwini Municipality JDE System. National Treasury: Central Supplier Database • Registration can be made on https://secure.csd.gov.za . • Service Providers will be issued a “MAAA” number when registered. eThekwini Municipality Supplier Portal • Registration can be made on https://www.durban.gov.za by following these links: >Business >Supply Chain Management (SCM) >Accredited Supplier & Contractor Database. eThekwini Municipality JDE System • Service providers requiring access must send an email to supplier.selfservice@durban.gov.za The following information is required: o Copy of the Director’s ID. • On receipt of this email, the SCM Unit will respond with the login credentials and a link to the JDE System. 3) Assistance with using the JDE System The following SCM Official(s) can be contacted in connection with any queries regarding the use of the JDE System: • Lindo Dlamini 4) Tel: Email: 031 322 7153 or 031 322 7133 supplier.selfservice@durban.gov.za Viewing of available tenders By following link https://rfq.durban.gov.za/jde/E1Menu.maf prospective Service Providers will be able to view available (open) Tender opportunities without signing into the system. However, Service Providers will not be able to respond to a Tender without being signed into the system using a JDE User ID and Password. Part T1: Tendering Procedures Page 3 Document Version 12/05/2025 Contract No: 1R-32862 5) Tender documentation By accessing the JDE System (using https://rfq.durban.gov.za/) and viewing any available Tenders, prospective Service Providers will be able to download the relevant Tender documentation. The Tender documentation consists of the TENDER and CONTRACT Parts, as described in the INDEX, and will include any drawings and other information (if applicable). Referred to or included in the documentation are the Standard Conditions of Tender (and associated Tender Data), and the Conditions of Contract (and associated Contract Data) which will govern the tendering and contract processes respectively. 6) Submission of tender offers Reference is to be made to the Tender Data: C.2.13 that specifies compliance requirements. Tender Offers are to be delivered, in “hard copy” format, to the Delivery Location as stated in the Tender Data. In addition to the above, Tender Offers are also to be SUBMITTED ELECTRONICALLY (uploaded) on the eThekwini Municipality JDE System (Supplier Self Service (JDE-SSS) Module). Notwithstanding the electronic submission, a tender offer will only be deemed valid if the “hard copy” submission has been made. Bidders are responsible for resolving all access rights and submission queries on the JDE System before the tender closing date/ time, as stated in the Tender Data: C.2.15. 7) Viewing the Tender opening schedule Users on the JDE System will be able to view the Tender Opening Schedule for each closed Tender. The tender opening schedule will also be made available on the eThekwini Municipal website at URL: https://www.durban.gov.za/pages/business/publication-of-received-bids Part T1: Tendering Procedures Page 4 Document Version 12/05/2025 Contract No: 1R-32862 T1.1.3: NOTES TO TENDERERS These “Notes to Tenderers” are intended to provide guidance to Tenderers regarding tendering obligations and requirements. Compliance requirements are stated in the relevant parts of the Tender Data: T1.2. eThekwini Supply Chain Management Policy (SCMP) The requirements as stated in the Employer’s SCM Policy include, but are not limited to, the following: 1) Section 14(4): ETM Supplier Database The eThekwini Supply Chain Management Policy requires suppliers/ service providers/ contractors to be registered on the eThekwini Municipality’s Supplier Database (Vendor Portal). In the event of the Tenderer not being registered on the eThekwini Municipality’s Supplier Portal, the Tenderer must register on the internet at www.durban.gov.za by following these links: ➢ Business ➢ Supply Chain Management (SCM) ➢ Accredited Supplier and Contractor's Database. The following is to be noted: • The information for registration as in the possession of the eThekwini Municipality will apply. • It is the Tenderer's responsibility to ensure that the details submitted to the Municipality are correct. • Tenderers are to register prior to the submission of tenders. 2) Section 20(1)(d)(i): Audited Financial Statements Audited Financial Statements (prepared for auditing) are required to be submitted if the value of the tender offer exceeds R10 million (incl. VAT). See Returnable Form T2.2.4.: MBD 5 and Returnable Form T2.2.5: Contracts awarded by Organs of State in the past 5 years. 3) Section 20(1)(d)(iii): Contracts Awarded during the past 5 Years Tenderers are to include with their submission a listing of any contracts awarded to the Tenderer during the past 5 years, including particulars of any material non-compliance or dispute concerning the execution of the contracts. Tenderers are referred to Returnable Form T2.2.5.: MBD 5 4) Section 20(1)(d)(ii), Section 28(1)(c) and Section 29(10): Municipal Fees Tenderers are to refer to Returnable Form T2.2.10: Declaration of Municipal Fees to certify that they have no undisputed commitments for municipal services towards any municipality. Prior to an award, a Tenderer’s municipal rates and taxes cannot be in arears. Should a Tenderer be in arrears with respect to municipal services and has formalised an agreement with the respective municipality to offset the arrears, the agreement must be in place at time of tender closing. 5) Section 28(2)(d), Section 28(2)(h) and Cla Section use 29(12): Certifications and Registrations CIDB Registration and Status, B-BBEE Certificates, and Tax Compliance Status PINs must be valid at tender closing, and before final award. The Tenderer’s Tax Compliance Status, CIDB Registration and Status (if required), and B-BBEE Level Status (if required), will be verified using the National Treasury Central Supplier Database (CSD). Tenderers are referred to Returnable Form T2.2.1.: Compulsory Enterprise Questionnaire. It is the Tenderer’s responsibility to ensure that their data on the CSD is kept updated and correctly reflects the status of the tendering entity. Part T1: Tendering Procedures Page 5 Document Version 12/05/2025 Contract No: 1R-32862 6) Section 28(2)(e): Joint Ventures (JV) Each party of a JV must submit separate Tax Compliance Status PINs. Also, and unless otherwise stated, the requirements for a single entity submission in terms of documentation requirements, will apply to each member of a JV making a submission. As proof that a JV has been formalised, or that the parties to the JV agree to formalise the JV should they be successful in being recommended for the award of this tender, Tenderers are referred to Returnable Form T2.2.14: Joint Venture Agreements. CIDB Regulation 25(8) 7) It should be noted that this contract is not part of a Targeted Development Programme (TDP). The CIDB provisions in relation to a Contractor’s Potentially Emerging (PE) status do not apply. Tenderers are referred to CIDB Inform Practice Note #32: “Application of the Potentially Emerging (PE) Status”. B.U.I.L.D. Programme 8) A programme to accelerate transformation in the construction industry, increase the capacity of the construction industry to deliver infrastructure and support the growth of emerging contractors, was launched on 14 March 2024 by the Deputy Minister of Public Works and Infrastructure and the Construction Industry Development Board. Details of the B.U.I.L.D. Programme were published in a Government Gazette in 2020 (GG 43726) and B.U.I.L.D. has gradually been phased in at various levels of government and the private sector. The CIDB, a public entity with the mandate to promote improved performance in construction, oversees the programme and manages the B.U.I.L.D Fund. The B.U.I.L.D programme determines that public sector entities which implement construction projects, that meet certain minimum requirements, must include developmental goals to the deliverables defined in the tenders. Contractors are required to include these goals in the plans and pricing when they submit their tender bids. Part T1: Tendering Procedures Page 6 Document Version 12/05/2025 Contract No: 1R-32862 PART T1: TENDERING PROCEDURES T1.2: TENDER DATA T1.2.1 STANDARD CONDITIONS OF TENDER The conditions of tender are the Standard Conditions of Tender as contained in Annex C of the CIDB Standard for Uniformity in Construction Procurement as published in Government Gazette No 42622, Board Notice 423 of 8 August 2019, as duplicated below. The Standard Conditions of Tender make several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the Standard Conditions of Tender. Annex C Standard Conditions of Tender C.1 General C.1.1 Actions C.1.1.1 The employer and each tenderer submitting a tender offer shall comply with these conditions of tender. In their dealings with each other, they shall discharge their duties and obligations as set out in C.2 and C.3, timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices. C.1.1.2 The employer and the tenderer and all their agents and employees involved in the tender process shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate. 2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty which would in any way affect any decisions taken. C.1.1.3 The employer shall not seek, and a tenderer shall not submit a tender, without having a firm intention and the capacity to proceed with the contract. C.1.2 Tender Documents The documents issued by the employer for the purpose of a tender offer are listed in the Tender Data. C.1.3 Interpretation C.1.3.1 The Tender Data and additional requirements contained in the tender schedules that are included in the returnable documents are deemed to be part of these conditions of tender. C.1.3.2 These conditions of tender, the Tender Data and tender schedules which are required for tender evaluation purposes, shall form part of any contract arising from the invitation to tender. Note: 1) A conflict of interest may arise due to a conflict of roles which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result. Part T1: Tendering Procedures Page 7 Document Version 12/05/2025 Contract No: 1R-32862 C.1.3.3 C.1.4 For the purposes of these conditions of tender, the following definitions apply: a) conflict of interest means any situation in which: i) someone in a position of trust has competing professional or personal interests which make it difficult to fulfil his or her duties impartially; ii) an individual or tenderer is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit; or iii) incompatibility or contradictory interests exist between an employee and the tenderer who employs that employee. b) comparative offer means the price after the factors of a non-firm price and all unconditional discounts it can be utilised to have been taken into consideration; c) corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of the employer or his staff or agents in the tender process; d) fraudulent practice means the misrepresentation of the facts in order to influence the tender process or the award of a contract arising from a tender offer to the detriment of the employer, including collusive practices intended to establish prices at artificial levels; Communication and employer’s agent Each communication between the employer and a tenderer shall be to or from the employer's agent only, and in a form that can be readily read, copied and recorded. Communications shall be in the English language. The employer shall not take any responsibility for non-receipt of communications from or by a tenderer. The name and contact details of the employer’s agent are stated in the Tender Data. C.1.5 Cancellation and Re-Invitation of Tenders C.1.5.1 An employer may, prior to the award of the tender, cancel a tender ifa) due to changed circumstances, there is no longer a need for the engineering and construction works specified in the invitation; b) funds are no longer available to cover the total envisaged expenditure; Part T1: Tendering Procedures Page 8 c) no acceptable tenders are received; d) there is a material irregularity in the tender process. C.1.5.2 The decision to cancel a tender invitation must be published in the same manner in which the original tender invitation was advertised. C.1.5.3 An employer may only with the prior approval of the relevant treasury cancel a tender invitation for the second time. C.1.6 Procurement procedures C.1.6.1 General Unless otherwise stated in the Tender Data, a contract will, subject to C.3.13, be concluded with the tenderer who in terms of C.3.11 is the highest ranked or the tenderer scoring the highest number of tender evaluation points, as relevant, based on the tender submissions that are received at the closing time for tenders. C.1.6.2 Competitive negotiation procedure C.1.6.2.1 Where the Tender Data require that the competitive negotiation procedure is to be followed, tenderers shall submit tender offers in response to the proposed contract in the first round of submissions. Notwithstanding the requirements of C.3.4, the employer shall announce only the names of the tenderers who make a submission. The requirements of C.8 relating to the material deviations or qualifications which affect the competitive position of tenderers shall not apply. C.1.6.2.2 All responsive tenderers or at least a minimum of not less than three responsive tenderers that are highest ranked in terms of the evaluation criteria stated in the Tender Data shall be invited to enter into competitive negotiations based on the principle of equal treatment, keeping confidential the proposed solutions and associated information. Notwithstanding the provisions of C.2.17, the employer may request that tenders be clarified, specified and fine-tuned in order to improve a tenderer’s competitive position provided that such clarification, specification, fine-tuning or additional information does not alter any fundamental aspects of the offers or impose substantial new requirements which restrict or distort competition or have a discriminatory effect. Document Version 12/05/2025 Contract No: 1R-32862 C.1.6.2.3 At the conclusion of each round of negotiations, tenderers shall be invited by the employer to revise their tender offer based on the same evaluation criteria, with or without adjusted weightings. Tenderers shall be advised when they are to submit their best and final offer. submit a tender offer and obtain the employer’s written approval to do so prior to the closing time for tenders. C.2.2 Cost of tendering C.2.2.1 Accept that, unless otherwise stated in the Tender Data, the employer will not compensate the tenderer for any costs incurred in the preparation and submission of a tender offer, including the costs of any testing necessary to demonstrate that aspects of the offer complies with requirements. C.2.2.2 The cost of the tender documents charged by the employer shall be limited to the actual cost incurred by the employer for printing the documents. Employers must attempt to make available the tender documents on its website so as not to incur any costs pertaining to the printing of the tender documents. C.2.3 Check documents C.1.6.2.4 The contract shall be awarded in accordance with the provisions of C.3.11 and C.3.13 after tenderers have been requested to submit their best and final offer. C.1.6.3 Proposal procedure using the two stagesystem C.1.6.3.1 Option 1 Tenderers shall in the first stage submit technical proposals and, if required, cost parameters around which a contract may be negotiated. The employer shall evaluate each responsive submission in terms of the method of evaluation stated in the Tender Data, and in the second stage negotiate a contract with the tenderer scoring the highest number of evaluation points and award the contract in terms of these conditions of tender. C.1.6.3.2 Option 2 Check the tender documents on receipt for completeness and notify the employer of any discrepancy or omission. C.2.4 C.1.6.3.2.1 Tenderers shall submit in the first stage only technical proposals. The employer shall invite all responsive tenderers to submit tender offers in the second stage, following the issuing of procurement documents. C.1.6.3.2.2 The employer shall evaluate tenders received during the second stage, in terms of the method of evaluation stated in the Tender Data, and award the contract in terms of these conditions of tender. C.2 Tenderer’s obligations C.2.1 Eligibility C.2.1.1 Submit a tender offer only if the tenderer satisfies the criteria stated in the Tender Data and the tenderer, or any of his principals, is not under any restriction to do business with employer. Treat as confidential all matters arising in connection with the tender. Use and copy the documents issued by the employer only for the purpose of preparing and submitting a tender offer in response to the invitation. C.2.5 Notify the employer of any proposed material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying requirements used by the employer as the basis in a prior process to invite the tenderer to Part T1: Tendering Procedures Page 9 Reference documents Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards, specifications, conditions of contract and other publications, which are not attached but which are incorporated into the tender documents by reference. C.2.6 C.2.1.2 Confidentiality and copyright of documents Acknowledge addenda Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if necessary apply for an extension to the closing time stated in the Tender Data, in order to take the addenda into account. C.2.7 Clarification meeting Attend, where required, a clarification meeting at which tenderers may familiarize themselves Document Version 12/05/2025 Contract No: 1R-32862 with aspects of the proposed work, services or supply and raise questions. Details of the meeting(s) are stated in the Tender Data. C.2.8 C.2.12 Alternative tender offers C.2.12.1 Unless otherwise stated in the Tender Data, submit alternative tender offers only if a main tender offer, strictly in accordance with all the requirements of the tender documents, is also submitted as well as a schedule that compares the requirements of the tender documents with the alternative requirements that are proposed. C.2.12.2 Accept that an alternative tender offer must be based only on the criteria stated in the Tender Data or criteria otherwise acceptable to the employer. C.2.12.3 An alternative tender offer must only be considered if the main tender offer is the winning tender. Seek clarification Request clarification of the tender documents, if necessary, by notifying the employer at least five (5) working days before the closing time stated in the Tender Data. C.2.9 Insurance Be aware that the extent of insurance to be provided by the employer (if any) might not be for the full cover required in terms of the conditions of contract identified in the Contract Data. The tenderer is advised to seek qualified advice regarding insurance. C.2.10 Pricing the tender offer C.2.13 Submitting a tender offer C.2.10.1 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes except Value Added Tax (VAT), and other levies payable by the successful tenderer, such duties, taxes and levies being those applicable fourteen (14) days before the closing time stated in the Tender Data. C.2.13.1 Submit one tender offer only, either as a single tendering entity or as a member in a joint venture to provide the whole of the works identified in the Contract Data and described in the scope of works, unless stated otherwise in the Tender Data. C.2.13.2 C.2.10.2 Show VAT payable by the employer separately as an addition to the tendered total of the prices. Return all returnable documents to the employer after completing them in their entirety, either electronically (if they were issued in electronic format) or by writing legibly in non-erasable ink. C.2.10.3 Provide rates and prices that are fixed for the duration of the contract and not subject to adjustment except as provided for in the conditions of contract identified in the Contract Data. C.2.13.3 Submit the parts of the tender offer communicated on paper as an original plus the number of copies stated in the Tender Data, with an English translation of any documentation in a language other than English, and the parts communicated electronically in the same format as they were issued by the employer. C.2.10.4 C.2.11 State the rates and prices in Rand unless instructed otherwise in the Tender Data. The conditions of contract identified in the Contract Data may provide for part payment in other currencies. C.2.13.4 Sign the original and all copies of the tender offer where required in terms of the Tender Data. The employer will hold all authorized signatories liable on behalf of the tenderer. Signatories for tenderers proposing to contract as joint ventures shall state which of the signatories is the lead partner whom the employer shall hold liable for the purpose of the tender offer. Alterations to documents Do not make any alterations or additions to the tender documents, except to comply with instructions issued by the employer, or necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial all such alterations. C.2.13.5 Part T1: Tendering Procedures Page 10 Seal the original and each copy of the tender offer as separate packages marking the packages as "ORIGINAL" and "COPY". Each package shall state on the outside the Document Version 12/05/2025 Contract No: 1R-32862 employer's address and identification details stated in the Tender Data, as well as the tenderer's name and contact address. C.2.13.6 Where a two-envelope system is required in terms of the Tender Data, place and seal the returnable documents listed in the Tender Data in an envelope marked “financial proposal” and place the remaining returnable documents in an envelope marked “technical proposal”. Each envelope shall state on the outside the employer’s address and identification details stated in the Tender Data, as well as the tenderer's name and contact address. C.2.13.7 Seal the original tender offer and copy packages together in an outer package that states on the outside only the employer's address and identification details as stated in the Tender Data. C.2.13.8 Accept that the employer will not assume any responsibility for the misplacement or premature opening of the tender offer if the outer package is not sealed and marked as stated. C.2.13.9 C.2.14 Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer, unless stated otherwise in the Tender Data. C.2.16 Tender offer validity C.2.16.1 Hold the tender offer(s) valid for acceptance by the employer at any time during the validity period stated in the Tender Data after the closing time stated in the Tender Data. C.2.16.2 If requested by the employer, consider extending the validity period stated in the Tender Data for an agreed additional period with or without any conditions attached to such extension. C.2.16.3 Accept that a tender submission that has been submitted to the employer may only be withdrawn or substituted by giving the employer’s agent written notice before the closing time for tenders that a tender is to be withdrawn or substituted. If the validity period stated in C.2.16 lapses before the employer evaluating tender, the contractor reserves the right to review the price based on Consumer Price Index (CPI). C.2.16.4 Where a tender submission is to be substituted, a tenderer must submit a substitute tender in accordance with the requirements of C.2.13 with the packages clearly marked as “SUBSTITUTE”. C.2.17 Clarification of tender offer after submission Provide clarification of a tender offer in response to a request to do so from the employer during the evaluation of tender offers. This may include providing a breakdown of rates or prices and correction of arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the competitive position of tenderers or substance of the tender offer is sought, offered, or permitted. Information and data to be completed in all respects Accept that tender offers, which do not provide all the data or information requested completely and in the form required, may be regarded by the employer as non-responsive. C.2.15 Closing time C.2.15.1 Ensure that the employer receives the tender offer at the address specified in the Tender Data not later than the closing time stated in the Tender Data. Accept that proof of posting shall not be accepted as proof of delivery. C.2.15.2 Accept that, if the employer extends the closing time stated in the Tender Data for any reason, the requirements of these conditions of tender apply equally to the extended deadline. Part T1: Tendering Procedures Note: Sub-clause C.2.17 does not preclude the negotiation of the final terms of the contract with a preferred tenderer following a competitive selection process, should the Employer elect to do so. C.2.18 Provide other material C.2.18.1 Provide, on request by the employer, any other material that has a bearing on the tender offer, the tenderer’s commercial position (including notarized joint venture agreements), preferencing arrangements, or samples of materials, considered necessary by the employer for the purpose of a full and fair risk assessment. Page 11 Document Version 12/05/2025 Contract No: 1R-32862 Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided, by the time for submission stated in the employer’s request, the employer may regard the tender offer as non-responsive. C.2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required. C.2.19 Inspections, tests and analysis requirements used to prequalify a tenderer to submit a tender offer in terms of a previous procurement process and deny any such request if as a consequence: a) an individual firm, or a joint venture as a whole, or any individual member of the joint venture fails to meet any of the collective or individual qualifying requirements; b) the new partners to a joint venture were not prequalified in the first instance, either as individual firms or as another joint venture; or c) in the opinion of the Employer, acceptance of the material change would compromise the outcome of the prequalification process. Provide access during working hours to premises for inspections, tests and analysis as provided for in the Tender Data. C.2.20 Submit securities, bonds and policies If requested, submit for the employer’s acceptance before formation of the contract, all securities, bonds, guarantees, policies and certificates of insurance required in terms of the conditions of contract identified in the Contract Data. C.2.21 Check final draft C.2.22 Check the final draft of the contract provided by the employer within the time available for the employer to issue the contract. Return of other tender documents If so instructed by the employer, return all retained tender documents within twentyeight (28) days after the expiry of the validity period stated in the Tender Data. C.2.23 C.3 The employer’s undertakings C.3.1 Respond to requests from the tenderer C.3.1.1 Unless otherwise stated in the Tender Data, respond to a request for clarification received up to five (5) working days before the tender closing time stated in the Tender Data and notify all tenderers who collected tender documents. C.3.3 Return late tender offers Return tender offers received after the closing time stated in the Tender Data, unopened, (unless it is necessary to open a tender submission to obtain a forwarding address), to the tenderer concerned. C.3.4 Opening of tender submissions C.3.4.1 Unless the two-envelope system is to be followed, open valid tender submissions in the presence of tenderers’ agents who choose to attend at the time and place stated in the Tender Data. Tender submissions for which acceptable reasons for withdrawal have been submitted will not be opened. C.3.4.2 Announce at the meeting held immediately after the opening of tender submissions, at a venue indicated in the Tender Data, the name of each tenderer whose tender offer is opened and, where applicable, the total of his prices, number of points claimed for its BBBEE status level and time for completion for the main tender offer only. Consider any request to make a material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying Part T1: Tendering Procedures Issue Addenda If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period from the date that tender documents are available until three (3) working days before the tender closing time stated in the Tender Data. If, as a result a tenderer applies for an extension to the closing time stated in the Tender Data, the Employer may grant such extension and, shall then notify all tenderers who collected tender documents. Certificates Include in the tender submission or provide the employer with any certificates as stated in the Tender Data. C.3.1.2 C.3.2 Page 12 Document Version 12/05/2025 Contract No: 1R-32862 C.3.4.3 Make available the record outlined in C.3.4.2 to all interested persons upon request. C.3.5 Two-envelope system C.3.5.1 Where stated in the Tender Data that a twoenvelope system is to be followed, open only the technical proposal of valid tenders in the presence of tenderers’ agents who choose to attend at the time and place stated in the Tender Data and announce the name of each tenderer whose technical proposal is opened. C.3.5.2 Evaluate functionality of the technical proposals offered by tenderers, then advise tenderers who remain in contention for the award of the contract of the time and place when the financial proposals will be opened. Open only the financial proposals of tenderers, who score in the functionality evaluation more than the minimum number of points for functionality stated in the Tender Data, and announce the score obtained for the technical proposals and the total price and any points claimed on BBBEE status level. Return unopened financial proposals to tenderers whose technical proposals failed to achieve the minimum number of points for functionality. C.3.6 C.3.8.2 A responsive tender is one that conforms to all the terms, conditions, and specifications of the tender documents without material deviation or qualification. A material deviation or qualification is one which, in the Employer's opinion, would: a) detrimentally affect the scope, quality, or performance of the works, services or supply identified in the Scope of Work, b) significantly change the Employer's or the tenderer's risks and responsibilities under the contract, or c) affect the competitive position of other tenderers presenting responsive tenders, if it were to be rectified. Reject a non-responsive tender offer and not allow it to be subsequently made responsive by correction or withdrawal of the nonconforming deviation or reservation. C.3.9 Arithmetical errors, omissions and discrepancies C.3.9.1 Check responsive tenders for discrepancies between amounts in words and amounts in figures. Where there is a discrepancy between the amounts in figures and the amount in words, the amount in words shall govern. C.3.9.2 Check the highest ranked tender or tenderer with the highest number of tender evaluation points after the evaluation of tender offers in accordance with C.3.11 for: a) the gross misplacement of the decimal point in any unit rate; b) omissions made in completing the pricing schedule or bills of quantities; or c) arithmetic errors in: (i) line-item totals resulting from the product of a unit rate and a quantity in bills of quantities or schedules of prices; or (ii) the summation of the prices. Non-disclosure Not disclose to tenderers, or to any other person not officially concerned with such processes, information relating to the evaluation and comparison of tender offers, the final evaluation price and recommendations for the award of a contract, until after the award of the contract to the successful tenderer. C.3.7 c) is responsive to the other requirements of the tender documents. Grounds for rejection and disqualification Determine whether there has been any effort by a tenderer to influence the processing of tender offers and instantly disqualify a tenderer (and his tender offer) if it is established that he engaged in corrupt or fraudulent practices. C.3.8 Test for responsiveness C.3.9.3 C.3.8.1 Determine, after opening and before detailed evaluation, whether each tender offer properly received: a) complies with the requirements of these Conditions of Tender, b) has been properly and fully completed and signed, and Notify the tenderer of all errors or omissions that are identified in the tender offer and either confirm the tender offer as tendered or accept the corrected total of prices. C.3.9.4 Where the tenderer elects to confirm the tender offer as tendered, correct the errors as follows: Part T1: Tendering Procedures Page 13 Document Version 12/05/2025 Contract No: 1R-32862 a) If bills of quantities or pricing schedules apply and there is an error in the line-item total resulting from the product of the unit rate and the quantity, the line-item total shall govern and the rate shall be corrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the line-item total as quoted shall govern, and the unit rate shall be corrected. b) Where there is an error in the total of the prices either as a result of other corrections required by this checking process or in the tenderer's addition of prices, the total of the prices shall govern and the tenderer will be asked to revise selected item prices (and their rates if bills of quantities apply) to achieve the tendered total of the prices. C.3.10 Clarification of a tender offer Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from the tender offer. C.3.11 Evaluation of tender offers The Standard Conditions of Tender standardize the procurement processes, methods and procedures from the time that tenders are invited to the time that a contract is awarded. They are generic in nature and are made project specific through choices that are made in developing the Tender Data associated with a specific project. Conditions of tender are by definition the document that establishes a tenderer’s obligations in submitting a tender and the employer’s undertakings in soliciting and evaluating tender offers. Such conditions establish the rules from the time a tender is advertised to the time that a contract is awarded and require employers to conduct the process of offer and acceptance in terms of a set of standard procedures. Part T1: Tendering Procedures Page 14 The activities associated with evaluating tender offers are as follows: a) Open and record tender offers received b) Determine whether or not tender offers are complete c) Determine whether or not tender offers are responsive d) Evaluate tender offers e) Determine if there are any grounds for disqualification f) Determine acceptability of preferred tenderer g) Prepare a tender evaluation report h) Confirm the recommendation contained in the tender evaluation report . Document Version 12/05/2025 Contract No: 1R-32862 C.3.11.1 General The employer must appoint an evaluation panel of not less than three persons conversant with the proposed scope of works to evaluate each responsive tender offer using the tender evaluation methods and associated evaluation criteria and weightings that are specified in the Tender Data. C.3.12 Prepare contract documents C.3.14.1 If necessary, revise documents that shall form part of the contract and that were issued by the employer as part of the tender documents to take account of: a) addenda issued during the tender period, b) inclusion of some of the returnable documents and c) other revisions agreed between the employer and the successful tenderer. C.3.14.2 Complete the schedule of deviations attached to the form of offer and acceptance, if any. C.3.15 Complete adjudicator's contract Insurance provided by the employer If requested by the proposed successful tenderer, submit for the tenderer's information the policies and / or certificates of insurance which the conditions of contract identified in the Contract Data, require the employer to provide. C.3.13 C.3.14 Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange for both parties to complete formalities for appointing the selected adjudicator at the same time as the main contract is signed. Acceptance of tender offer Accept the tender offer; if in the opinion of the employer, it does not present any risk and only if the tenderer: a) is not under restrictions, or has principals who are under restrictions, preventing participating in the employer’s procurement; b) can, as necessary and in relation to the proposed contract, demonstrate that he or she possesses the professional and technical qualifications, professional and technical competence, financial resources, equipment and other physical facilities, managerial capability, reliability, experience and reputation, expertise and the personnel, to perform the contract; c) has the legal capacity to enter into the contract; d) is not; insolvent, in receivership, under Business Rescue as provided for in chapter 6 of the Companies Act No. 2008, bankrupt or being wound up, has his/her affairs administered by a court or a judicial officer, has suspended his/her business activities or is subject to legal proceedings in respect of any of the foregoing; e) complies with the legal requirements, if any, stated in the Tender Data; and f) is able, in the opinion of the employer, to perform the contract free of conflicts of interest. Part T1: Tendering Procedures C.3.16 Registration of the award An employer must, within twenty-one (21) working days from the date on which a contractor's offer to perform a construction works contract is accepted in writing by the employer, register and publish the award on the cidb Register of Projects. C.3.17 Provide copies of the contracts Provide to the successful tenderer the number of copies stated in the Tender Data of the signed copy of the contract as soon as possible after completion and signing of the form of offer and acceptance. C.3.18 Page 15 Provide written reasons for actions taken Provide upon request written reasons to tenderers for any action that is taken in applying these conditions of tender but withhold information which is not in the public interest to be divulged, which is considered to prejudice the legitimate commercial interests of tenderers or might prejudice fair competition between tenderers. Document Version 12/05/2025 Contract No: 1R-32862 T1.2.2 TENDER DATA Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to which it mainly applies. C.1: GENERAL C.1.1 The employer entity: The Employer entity for this Contract is the eThekwini Municipality as represented by: Deputy Director: Roads Provision C.1.2 Tender documents: The Tender Documents issued by the Employer comprise: 1) 2) 3) 4) This procurement document. The Specifications identified in Section C3.3.1. Tenderers/ Contractors are required to obtain their own copies. Drawings, if applicable, issued separately from this document, or bound in Section C3.4 (as an Annexure). In addition, Tenderers are advised, in their own interest, to obtain their own copies of the following acts, regulations, and standards referred to in this document as they are essential for the Tenderer to get acquainted with the basics of construction management, the implementation of preferential construction procurement policies, and the participation of targeted enterprise and labour. • The Employer’s Supply Chain Management Policy (as at advertising date). • The Occupational Health and Safety Act No 85 and Amendment Act No 181 of 1993, and the Construction Regulations (2014). • The Construction Industry Development Board Act No 38 of 2000 and the Regulations issued in terms of the Act (July 2013). • SAICE General Conditions of Contract (GCC): 2015 • SANS 1921:2004 – Construction and Management Requirements for Works Contract, Parts 1-3. • COTO – Standard Specification for Road and Bridge Works for South African Authorities: 2020 Draft Standard • Any other eThekwini Policy documents referenced in the Tender Documents. Electronically downloaded documentation is obtainable from the National Treasury’s eTenders Website or the eThekwini Municipality Website at URL: • https://www.etenders.gov.za/ • https://www.durban.gov.za/pages/business/procurement C.1.4 Communication and employer’s agent: The Employer’s Agent is: The Employer’s Agent’s Representative is: Name: Peter Fenton Tel: 031-311-7671 eMail:Peter.Fenton@durban.gov.za Name: Hlaka Mbina Tel: 031-322-3959 eMail: Hlaka.Mbina@durban.gov.za The Tenderer’s contact details, as indicated on Returnable Document T2.2.1: Compulsory Enterprise Questionnaire, shall be deemed as the only valid contact details for the Tenderer for use in communications between the Employer’s Agent and the Tenderer during tender evaluation. Part T1: Tendering Procedures Page 16 Document Version 12/05/2025 Contract No: 1R-32862 C.1.6 Procurement procedures: The following Sections of the Standard Conditions of Tender are not applicable to this tender: • C.1.6.2: Competitive negotiation procedure, and • C.1.6.3: Proposal procedure using the two-stage system. C.2: TENDERER'S OBLIGATIONS C.2.1 Eligibility: Entities may only submit one (1) tender offer, either as a single tendering entity or as a partner of a joint venture. Should a tendering entity submit more than one (1) tender, all submissions by that tendering entity, including submissions where the entity is a partner of a joint venture, will be deemed not to be eligible. C.2.1.1 Eligibility: General A Tenderer will not be eligible to submit a tender if: (a) In the event of a Compulsory Clarification Meeting: i) the Tenderer fails to attend the Compulsory Clarification Meeting, or ii) the Tenderer fails to have Returnable Document T2.2.2: Certificate of Attendance at Clarification Meeting / Site Inspection signed by the Employer’s Agent or their representative. (b) At the time of tender closing, the Tenderer is not registered on the National Treasury Central Supplier Database (CSD) and the eThekwini Municipality Supplier Portal. In the case of a Joint Venture, this requirement will apply individually to each party in the Joint Venture. Tenderers are to reference Returnable Document T2.2.1: Compulsory Enterprise Questionnaire (section 1.5) and Returnable Document T2.2.12: “CSD Registration Report”. (c) In the case of Joint Venture (JV) submissions, two or more JV entities have common directors/ shareholders or common entities tendering for the same works. (d) The following documentation is to be completed in full, signed, and returned with the tender submission. Failure to comply will result in the tender offer being deemed non-responsive: • T2.2.1: Compulsory Enterprise Questionnaire. • T2.2.5: MBD 4: Declaration of Interest. • T2.2.8: MBD 8: Declaration of Bidder’s Past SCM Practices. • T2.2.9: MBD 9: Certificate of Independent Bid Determination. • T2.2.10: Declaration of Municipal Fees (e) The certificates listed in the Tender Data: C.2.23: Certificates are to be included with the tender submission. Failure to comply will result in the tender offer being deemed nonresponsive. These include: • T2.2.1: Compulsory Enterprise Questionnaire • SARS Tax Compliance Status – PIN Issued. • T2.2.12: Central Supplier Database (CSD) Report. • T2.2.13: CIDB Registration and Status. C.2.1.2 Eligibility: CIDB Tenderers are to reference the provisions of Tender Data: C.2.23: Certificates and Returnable Document: T2.2.13: Verification of CIDB Registration and Status with respect to CIDB registration. Part T1: Tendering Procedures Page 17 Document Version 12/05/2025 Contract No: 1R-32862 Only those Tenderers who are registered (as “Active”) with the CIDB (at time of tender closing), in a contractor grading designation equal to or higher than a contractor grading designation determined in accordance with the sum tendered, or a value determined in accordance with Regulation 25(1B) or 25(7A) of the Construction Industry Development Regulations, for a CE class of construction work, are eligible to have their tenders evaluated. Joint ventures are eligible to submit tenders provided that: (a) Every member of the joint venture is registered (as “Active”) with the CIDB (at time of tender closing), (b) The lead partner has a contractor grading designation in the CE class of construction work and has a grading designation of not lower than one level below the required grading designation, and (c) The combined contractor grading designation calculated in accordance with the Construction Industry Development Regulations (2013) is equal to or higher than a contractor grading designation determined in accordance with the sum tendered for a CE class of construction work or a value determined in accordance with Regulation 25 (1B) or 25(7A) of the Construction Industry Development Regulations. C.2.1.3 Eligibility: Tenderer’s Experience Tenderers are to complete and sign Returnable Form T2.2.16: Eligibility: Experience of Tenderer. Only those Tenderers that can demonstrate experience and submit the associated documentation/ information, in works of a similar nature, within the past 10 years, will be eligible to have their tenders evaluated in terms of Clause C.3.11. • • • • • Table 1: The Experience Requirement is specified on this table. Table 2: The experience is to be Similar in Nature to that specified on this table. Tenderers are to note the exclusions (if any) stated on this table. Table 3: The Documentation/ Information that is required to be included in this submission is specified on this table (which includes the Notes below the table). Tenderers may submit experience gained as Sub-Contractors or Main Contractors. Guidance on the completion of the Experience Submission Form is provided on the first page of Returnable Form T2.2.16. Tenderers are to indicate the documentation that has been included in the tender submission, in support of each experience submission, in the shaded column on Page 53. Should there be insufficient evidence for verification of the information submitted for any specific experience submission, that experience submission will be deemed invalid. Table 1: Experience Requirement A minimum of 3 contracts, with works of a similar nature, within the past 10 years, each with a value of 50% of the tender value submitted for this tender on the Form of Offer (C1.1.1). Part T1: Tendering Procedures Page 18 Document Version 12/05/2025 Contract No: 1R-32862 Table 2: Works of a Similar Nature Provision or Maintenance of Road-Related Structures • Projects of a similar nature that will be considered will be one, or a combination of, the following types of projects: Retaining walls (reinforced concrete, masonry, gabion, proprietary block systems etc). Reinforced concrete construction. Reinforced concrete repairs (spalling, member replacement, use of specialist products etc). Structural steel construction and repairs and application of steel protection systems. Specialist proprietary product repair systems or approved product applicator for specific specialist proprietary products. o Reinforced concrete pedestrian bridges. o Structural steel pedestrian bridges. o Reinforced and prestressed concrete pedestrian and road bridges. o o o o o Table 3: Documentation / Information Requirements Note: an “X” in this table indicates that the associated documentation should be provided, if applicable. Works as SubContractor Works as Main Contractor Current Completed Current Completed Contracts Contracts Contracts Contracts Proof of Sub-Contract Agreement See Note 1. X X - - Letter of Award OR Form of Offer & Acceptance See Note 2. - - X X Most recent Payment Certificate (with Quantities summary), OR Invoice (with Quantities summary). See Note 3. X - X - Final Payment Certificate (with Quantities summary), OR Invoice (with Quantities summary). See Note 4. - X - X Completion Certificate. See Note 5. - - - X Scope of Work See Note 6. To be indicated on individual experience submission form NOTES (for Table 3) 1. To include the names of the parties, the managing entity’s name, the effective dates, and the signature(s) page, all pertaining to the agreement. 2. Issued by the Client / Employer. 3. Proof of the most recent payment received from the Main Contractor or Client/ Employer, OR the most recent submitted INVOICE. Whichever of these documents is submitted, a summary breakdown of quantities is to accompany that document. 4. Proof of the final payment received from the Main Contractor or Client/ Employer, OR the most recent submitted INVOICE. Whichever of these documents is submitted, a summary breakdown of quantities is to accompany that document. 5. Issued by the Client/ Employer. 6. If executed as a Sub-Contractor, the Scope-of-Work should be indicative of only the works carried out by the Sub-Contractor, and not the overall Scope-of-Work of the main contract. If executed as a Main Contractor, the overall contract Scope-of-Work is to be indicated. Part T1: Tendering Procedures Page 19 Document Version 12/05/2025 Contract No: 1R-32862 C.2.2.2 The cost of the tender documents: Replace this paragraph with the following: “Documents are to be downloaded, free of charge, from the National Treasury’s eTenders website or the eThekwini Municipality’s Website.” C.2.6 Acknowledge addenda: Add the following paragraphs: “Addenda will be published on the eThekwini Municipality website as stated in Tender Data: C.1.2. Tenderers are to ensure that this website is consulted for any published addenda pertaining to this tender up to three days before the tender closing time as stated in the Tender Data.” “Acknowledgement of receipt of the addenda will be by the return of the relevant completed, dated, and signed portion of the addenda, to the physical or email address as specified on the addenda. Failure of the Tenderer to comply with the requirements of the addenda WILL result in the tender submission being made non-responsive.” C.2.7 Clarification meeting: Boardroom 213, 30 Archie Gumede Place, Durban, 4001 On 25 September 2025 at 11h00 In the event of a Compulsory Clarification Meeting, Tenderers must sign the attendance register in the name of the tendering entity. The Tenderer’s representative(s) at the clarification meeting must be able to clearly convey the discussions at the meeting to the person(s) responsible for compiling the entity’s tender offer. C.2.12 Alternative tender offers: No alternative tender offers will be considered. C.2.13 Submitting a tender offer: The signed Tender Offer (“hard copy”) is to be sealed in an envelope, addressed to the City Manager, marked with the identification details and be delivered to the delivery address, both as stated below. The Tender Offer (hard copy) is to be delivered to the following delivery address: the Tender Box in the foyer of the Municipal Building, 166 KE Masinga Road, Durban Identification details to be shown on the hard copy package are: • Contract No. : 1R-32862 • Contract Title : Routine structural maintenance repairs to municipal-owned retaining walls within the eThekwini Metropolitan area for 18 months Tender Offers are also to be SUBMITTED ELECTRONICALLY (uploaded) on the eThekwini Municipality JDE System (Supplier Self Service (SSS Module)). For information pertaining to the JDE System, Tenderers are referred to Section T1.1.2. Notwithstanding the electronic submission, a tender offer will only be deemed valid if the “hard copy” submission has been made. Part T1: Tendering Procedures Page 20 Document Version 12/05/2025 Contract No: 1R-32862 The Tender documentation, issued by the eThekwini Municipality (refer to Tender Data: C.1.2), is to be printed in its entirety. Printing should be done on white A4 paper, with printing on only one side of the paper. (It is suggested that the Tender documentation is not stapled, or punched for filing, prior to scanning, as this could affect the scanning process.) After completion and signature (using BLACK INK), the entire Tender document is to be scanned to a single PDF (Portable Document Format) document, at a resolution of 300 DPI (dots per inch). The PDF document is to be uploaded via the (Tender specific) upload option on the JDE System (SSS Module). • Tenderers are responsible for resolving all access rights and submission queries on the JDE System before the tender closing date/ time (Tender Data: C.2.15). Tender Offer delivery, and the electronic submission on the JDE System, are both to be completed on or before the closing date/ time stated in the Tender Data: C.2.15. The submission of Tender Offers via any means other than that stated above will not be accepted, and those that are will be deemed invalid. Parts of each tender offer communicated on paper shall be submitted as an original, plus 0 copies. C.2.15 Closing date and time: The closing time is: • Date : Friday, 24 October 2025 • Time : 11h00 The delivery of the hard copy AND the completion of the requirements on the JDE System (SSS Module) are be completed prior to the Tender closing date and time as stated above. Any Tender Offer submitted thereafter will not be considered. C.2.16 Tender offer validity: The Tender Offer validity period is 120 Days from the closing date for submission of tenders. C.2.23 Certificates: Refer to T2.1: “List of Returnable Documents” for a listing of certificates that must be provided with the tender. All certificates must be valid at the time of tender closing. Tenderers are to include a printout of the required documents/ certificates at the back of their tender submission. SARS Tax Compliance Status – PIN Issued Reference is to be made to Returnable Document T2.2.1: Compulsory Enterprise Questionnaire. B-BBEE Status Level of Contribution Certificate Tenderers are referred to Returnable Document T2.2.6: MBD 6.1: Preference Points Claim for the B-BBEE Certificate requirements. Part T1: Tendering Procedures Page 21 Document Version 12/05/2025 Contract No: 1R-32862 Central Supplier Database (CSD) Reference is to be made to Returnable Document T2.2.12: CSD Registration Report. The entities CSD Registration Report, obtained from the National Treasury Central Supplier Database (CSD), is to be included in the tender submission ( https://secure.csd.gov.za ). The date of the report, as indicated at the top right of each page, should be on or after the date of advertising of this tender. Separate CSD Registration Reports are required for each party to a Joint Venture. CIDB Registration Reference is to be made to Returnable Document T2.2.13: Verification of CIDB Registration and Status. Tenderers are to include with their submission a printout of their CIDB Registration, obtained from the CIDB website ( https://portal.cidb.org.za/RegisterOfContractors/ ). The date of obtaining the CIDB printout(s) is to be indicated on the printout, and the Tenderer’s registration with the CIDB must be reflected as “Active” as at the date of tender closing. Separate CIDB Registration printouts are required for each party to a Joint Venture. The Joint Venture Grading Designation Calculator printout should be included when making a submission as a Joint Venture: ( https://registers.cidb.org.za/PublicContractors/JVGradingDesignationCalc ) C.3: THE EMPLOYER'S UNDERTAKINGS C.3.1.1 Respond to requests from the tenderer: Replace the words “five working days” with “three working days”. C.3.2 Issue addenda: Add the following paragraph: “Addenda will be published on the eThekwini Municipality Website (refer to Tender Data: C.1.2). C.3.4 Opening of Tender Submissions: Tenders will be opened immediately after the closing time for tenders. The public reading of tenders will take place in the SCM Boardroom, 6th Floor, Engineering Unit Building, 166 KE Masinga Road, Durban. The tender opening schedule will also be made available on the eThekwini Municipal website at URL: https://www.durban.gov.za/pages/business/publication-of-received-bids C.3.9 Arithmetical errors, omissions and discrepancies: Add the following Clause: “C.3.9.5 Reject a tender offer if the Tenderer does not accept the correction of the arithmetical error in the manner described in C.3.9.4.” Part T1: Tendering Procedures Page 22 Document Version 12/05/2025 Contract No: 1R-32862 C.3.11 Evaluation of Tender Offers: Eligibility Tenders will be checked for compliance with the ELIGIBILITY requirements, as specified in the Tender Data: C.2.1. Tenders not in compliance will be deemed non-responsive. Preference Point System The procedure for the evaluation of responsive tenders is PRICE AND PREFERENCE, in accordance with the Employer’s SCM Policy: Section 52: Preferential Procurement. The provisions of the SCM Policy: Section 52.7: The Basket of Preference Goals shall apply. Price Points The 80/20 preference points system, for requirements with a Rand value of up to R50,000,000 (all applicable taxes included), will be applied. The Formula used to calculate the Price Points (max. 80) will be according to that specified below. A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 Procurement System or Pt − P min   Ps = 901 −  P min   Pt − P min   Ps = 801 −  P min   Where: Ps = Pt = Pmin = 90/10 Procurement System Points scored for comparative price of bid under consideration Comparative price of bid under consideration Comparative price of lowest acceptable bid Preference Points Reference is to be made to Returnable Form: T2.2.6: MBD 6.1: Preference Points Claim. The Basket of Preference Goals (SCM Policy Section 52.7) The Preference Points (either 20 or 10) will be derived from points claimed for Specific Goals as indicated in the table(s) below, according to the specified Goal/ Category Weightings. • Ownership Goal Goal Weighting: 80% The tendering entity’s Percentage Ownership, in terms of the Ownership Category(s) listed below, is to be used in the determination of the Tenderer’s claim for Preference Points. Part T1: Tendering Procedures Page 23 Document Version 12/05/2025 Contract No: 1R-32862 Ownership Categories Criteria 80/20 Race: Black Equals 0% 0.0 Between 0% and 51% 4.8 Greater or equal to 51% and less than 100% 9.6 Equals 100% 12.0 Equals 0% 0.0 Between 0% and 51% 1.6 Greater or equal to 51% and less than 100% 3.2 Equals 100% 4.0 Gender: Female Maximum Ownership Goal Points: 16.0 Proof of claim as declared on MBD 6.1 (1 or more of the following will be used in verifying the Tenderer’s status) • Companies and Intellectual Property Commission registration document (CIPC) • CSD report. • B-BBEE Certificate of the tendering entity. • Consolidated BBBEE Certificate if the tendering entity is a Consortium, Joint Venture, or Trust (Issued by verification agency accredited by the South African Accreditation System). • Agreement for a Consortium, Joint Venture, or Trust. • RDP Goal: The promotion of South African owned enterprises Goal Weighting: 20% The tendering entity’s Address (as stated on the National Treasury Central Supplier Database (CSD) or on the eThekwini Municipality Vendor Portal) is to be used in the determination of the Tenderer’s claim for Preference Points for this Specific Goal. Location 80/20 Not in South Africa 0.0 South Africa 1.0 Kwa Zulu Natal 2.0 eThekwini Municipality 4.0 Maximum Goal Points: 4.0 Proof of claim as declared on MBD 6.1 (1 or more of the following will be used in verifying the Tenderer’s status) • CSD report C.3.13 Acceptance of tender offer: In addition to the requirements of Tender Data: C.3.13 of the Standard Conditions of Tender, tender offers will only be accepted if: (a) The Tenderer’s municipal rates and taxes are not in arears, or they have made arrangements to meet outstanding municipal fee obligations. (b) The Tenderer’s tax compliance status has been verified, or they have made arrangements to meet outstanding tax obligations. (c) The Tenderer is registered, and “Active”, with the Construction Industry Development Board in an appropriate contractor grading designation. Part T1: Tendering Procedures Page 24 Document Version 12/05/2025 Contract No: 1R-32862 (d) The Tenderer or any of its directors/ shareholders are not listed on the Register of Tender Defaulters, in terms of the Prevention and Combating of Corrupt Activities Act of 2004, as a person prohibited from doing business with the public sector. (e) The Tenderer has not: i) Abused the Employer’s Supply Chain Management System; or ii) Failed to perform on any previous contract and has been given a written notice to this effect. (f) The Employer is reasonably satisfied that the Tenderer has in terms of the Construction Regulations (2014), issued in terms of the Occupational Health and Safety Act (1993), the necessary competencies and resources to carry out the work safely. The Municipality does not bind itself to accept the lowest or any tender. It reserves the right to accept the whole or any part of a tender to place orders. Bidders shall not bind the Municipality to any minimum quantity per order. The successful Tenderer(s) shall be bound to provide any quantities stipulated in the specification. The municipality has a firm intention to proceed with the work, subject to funding being identified. Notwithstanding the Standard Conditions of Tender: C.1.1.3 of, the municipality reserves the right to award or not award the tender based on the municipalities available budget. C.3.15 Complete adjudicator’s contract: Refer to the Conditions of Contract and the Contract Data. C.3.17 Copies of contract: The number of paper copies of the signed contract to be provided by the Employer is ONE (1). Tenderers are referred to the requirements as stated in the Tender Data: C.2.13. Part T1: Tendering Procedures Page 25 Document Version 12/05/2025 Contract No: 1R-32862 T1.2.3 ADDITIONAL CONDITIONS OF TENDER T1.2.3.1 Appeals In terms of Regulation 49 of the Municipal Supply Chain Management Regulations persons aggrieved by decisions or actions taken by the Municipality, may lodge an appeal within 14 days of the decision or action, in writing, to the Municipality. All appeals (clearly setting out the reasons for the appeal) and queries with regard to the decision of award are to be directed to: The City Manager Attention Ms S. Pillay P O Box 1394 DURBAN, 4000 T1.2.3.2 eMail: Simone.Pillay@durban.gov.za Prohibition on awards to persons in the service of the state Clause 44 of the Supply Chain Management Regulations states that the Municipality or Municipal Entity may not make any award to a person: (a) Who is in the service of the State; (b) If that person is not a natural person, of which a director, manager, principal shareholder or stakeholder is a person in the service of the state; or (c) Who is an advisor or consultant contracted with the municipality or a municipal entity. Should a contract be awarded, and it is subsequently established that Clause 44 has been breached, the Employer shall have the right to terminate the contract with immediate effect. T1.2.3.3 Code of Conduct and Local Labour The Tenderers shall make themselves familiar with the requirements of the following policies: • Code of Conduct; • The Use of CLOs and Local Labour. Part T1: Tendering Procedures Page 26 Document Version 12/05/2025 Contract No: 1R-32862 PART T2: RETURNABLE DOCUMENTS T2.1 T2.1.1 LIST OF RETURNABLE DOCUMENTS General The Tender Submission Documentation must be submitted in its entirety. All forms must be properly completed and signed as required. The Tenderer is required to complete and sign each and every Schedule and Form listed below to the best of their ability as the evaluation of tenders and the eventual contract will be based on the information provided by the Tenderer. Failure of a Tenderer to complete the Schedules and Forms to the satisfaction of the Employer will inevitably prejudice the tender and may lead to rejection on the grounds that the tender is nonresponsive. T2.1.2 Returnable Schedules, Forms and Certificates Entity Specific T2.2.1 Compulsory Enterprise Questionnaire .................................................................. 28 T2.2.2 Certificate of Attendance at Clarification Meeting/ Site Inspection ....................... 29 T2.2.3 MBD 4: Declaration of Interest .............................................................................. 30 T2.2.4 MBD 5: Declaration for Procurement Above R10 Million (if applicable)…………. 32 T2.2.5 Contracts Awarded by Organs of State in the past 5 years .................................. 33 T2.2.6 MBD 6.1: Preference Points Claim Form (SCM Policy Section 52.7) ................... 34 T2.2.7 MBD 6.2: Declaration of Local Production and Content ...................................... 36 T2.2.8 MBD 8: Declaration of Bidder’s Past SCM Practices ............................................ 40 T2.2.9 MBD 9: Certificate of Independent Bid Determination .......................................... 42 T2.2.10 Declaration of Municipal Fees ............................................................................... 45 T2.2.11 Contractor's Health and Safety Declaration .......................................................... 46 T2.2.12 CSD Registration Report ....................................................................................... 48 T2.2.13 CIDB Registration and Status ............................................................................... 49 T2.2.14 Joint Venture Agreements (if applicable) .............................................................. 50 T2.2.15 Record of Addenda to Tender Documents ............................................................ 51 T2.2.16 Experience of Tenderer ......................................................................................... 52 Contract Part: The Tenderer is required to complete following forms: Form of Offer ......................................................................................................... 57 C1.2.2.2 Data to be Provided by Contractor ........................................................................ 60 C2.2 68 C1.1.1 Bill of Quantities .................................................................................................... C1: Agreements and Contract Data Page 27 Document Version 12/05/2025 Contract No: 1R-32862 T2.2.1 COMPULSORY ENTERPRISE QUESTIONNAIRE Ref Description Tenderer to Complete 1.1 Name of enterprise 1.2 Name of enterprise’s representative 1.3 Email address of representative 1.4 Contact numbers of representative 1.5 National Treasury Central Supplier Database MAAA Registration number 1.6 VAT registration number, if any: 1.7 CIDB registration number, if any: 1.8 Department of Labour: Registration number 1.9 Department of Labour: Letter of Good Standing Certificate number 2.0 Particulars of sole proprietors and partners in partnerships (attach separate pages if more than 4 partners) Tel: Full Name Cell: Identity No. Personal income tax No. * 2.1 2.2 2.3 3.0 Particulars of companies and close corporations 3.1 Company registration number, if applicable: 3.2 Close corporation number, if applicable: 3.3 Tax Reference number, if any: 3.4 South African Revenue Service: Tax Compliance Status PIN: 4.0 MBD 4, MBD 6, MBD 8, and MBD9 issued by National Treasury must be completed for each tender and be included as a tender requirement. Tenderers are to include, at the back of their tender submission, a printout of their SARS “Tax Compliance Status – PIN Issued” certificate. The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise: i) authorizes the Employer to verify the Tenderer’s tax clearance status from the South African Revenue Services that it is in order. ii) confirms that the neither the name of the enterprise or the name of any partner, manager, director or other person, who wholly or partly exercises or may exercise, control over the enterprise appears on the Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004. iii) confirms that no partner, member, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears, has within the last five years been convicted of fraud or corruption. iv) confirms that I / we are not associated, linked or involved with any other tendering entities submitting tender offers and have no other relationship with any of the Tenderers or those responsible for compiling the scope of work that could cause or be interpreted as a conflict of interest. v) confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my belief both true and correct. NAME (Block Capitals): Date SIGNATURE: C1: Agreements and Contract Data Page 28 Document Version 12/05/2025 Contract No: 1R-32862 T2.2.2 CERTIFICATE OF ATTENDANCE AT CLARIFICATION MEETING / SITE INSPECTION Reference is to be made to the Tender Data: C.2.1.1(a) and C.2.7. This is to certify that: (entity name): of (address): was represented by the person(s) named below at the Clarification Meeting for Contract 1R-32862 held for all Tenderers, the details of which are stated in the Tender Data: C.2.7. I / We acknowledge that the purpose of the meeting was to acquaint myself / ourselves with the site of the works and / or matters incidental to doing the work specified in the tender documents in order for me / us to take account of everything necessary when compiling our rates and prices included in the tender. Particulars of person(s) attending the meeting: Name: …………………….…………..………. Name: .................. …………………………………. Signature: ………………………………..…….…. Signature: ................ …………………………………. Capacity: …………………………………………. Capacity: ………………..……………………..………. Attendance of the above person(s) at the meeting is confirmed by the Employer's Agent’s Representative, namely: Name: …………………………………………. Signature: …………………………………………. Date: ………………………………….…..…. C1: Agreements and Contract Data Page 29 Document Version 12/05/2025 Contract No: 1R-32862 T2.2.3 MBD 4: DECLARATION OF INTEREST MSCM Regulations: “in the service of the state” means to be: (a) a member of: (i) any municipal council. (ii) any provincial legislature. (iii) the national Assembly or the national Council of provinces. (b) a member of the board of directors of any municipal enterprise. (c) an official of any municipality or municipal enterprise. (d) an employee of any national or provincial department, national or provincial public enterprise or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999). (e) a member of the accounting authority of any national or provincial public enterprise. (f) an employee of Parliament or a provincial legislature. “Shareholder” means a person who owns shares in the company and is actively involved in the management of the company or business and exercises control over the company. 1 No bid will be accepted from persons in the service of the state1. 2 Any person, having a kinship with persons in the service of the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority and/or take an oath declaring his/her interest. 3 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. 3.1 Name of enterprise Name of enterprise’s representative 3.2 ID Number of enterprise’s representative 3.3 Position enterprise’s representative occupies in the enterprise 3.4 Company Registration number 3.5 Tax Reference number 3.6 VAT registration number 3.7 The names of all directors / trustees / shareholders / members / sole proprietors / partners in partnerships, their individual identity numbers and state employee numbers must be indicated in paragraph 4 below. In the case of a joint venture, information in respect of each partnering enterprise must be completed and submitted. Circle Applicable 3.8 Are you presently in the service of the state? If yes, furnish particulars: YES NO ……….…………………………………………..…………………………….……… …………………………………………………………………………………………………………………………………………………………………. C1: Agreements and Contract Data Page 30 Document Version 12/05/2025 Contract No: 1R-32862 3.9 Have you been in the service of the state for the past twelve months? If yes, furnish particulars: YES NO ……….…………………………………………..…………………………….……… …………………………………………………………………………………………………………………………………………………………………. 3.10 Do you have any relationship (family, friend, other) with persons in the service of the state and who may be involved with the evaluation and or adjudication of this bid? If yes, furnish particulars: YES NO ……….…………………………………………..…………………………….……… …………………………………………………………………………………………………………………………………………………………………. 3.11 Are you, aware of any relationship (family, friend, other) between any other bidder and any persons in the service of the state who may be involved with the evaluation YES NO and or adjudication of this bid? If yes, furnish particulars: ……….…………………………………………..…………………………….……… …………………………………………………………………………………………………………………………………………………………………. 3.12 Are any of the company’s directors, trustees, managers, principle shareholders or YES stakeholders in service of the state? If yes, furnish particulars: NO ……….…………………………………………..…………………………….……… …………………………………………………………………………………………………………………………………………………………………. 3.13 Are any spouse, child or parent of the company’s directors, trustees, managers, YES principle shareholders or stakeholders in service of the state? If yes, furnish particulars: NO ……….…………………………………………..…………………………….……… …………………………………………………………………………………………………………………………………………………………………. 3.14 Do you or any of the directors, trustees, managers, principle shareholders, or stakeholders of this company have any interest in any other related companies or YES NO business whether or not they are bidding for this contract ? If yes, furnish particulars: ……….…………………………………………..…………………………….……… …………………………………………………………………………………………………………………………………………………………………. 4 The names of all directors / trustees / shareholders / members / sole proprietors / partners in partnerships, their individual identity numbers and state employee numbers must be indicated below. In the case of a joint venture, information in respect of each partnering enterprise must be completed and submitted Full Name Identity No. State Employee No. Personal income tax No. Use additional pages if necessary I, the undersigned, who warrants that they are authorised to sign on behalf of the Tenderer, confirms that the information contained in this form is within my personal knowledge and is to the best of my belief both true and correct. NAME (Block Capitals): Date SIGNATURE: C1: Agreements and Contract Data Page 31 Document Version 12/05/2025 Contract No: 1R-32862 T2.2.4 MBD 5: DECLARATION FOR PROCUREMENT ABOVE R10 MILLION (ALL APPLICABLE TAXES INCLUDED) For all procurement expected to exceed R10 million (all applicable taxes included), bidders must complete the following questionnaire. Circle Applicable 1.0 Are you by law required to prepare annual financial statements for auditing? 1.1 YES NO If YES, submit audited annual financial statements for the past three years or since the date of establishment if established during the past three years. 2.0 Do you have any outstanding undisputed commitments for municipal services towards any municipality for more than three months or any other service provider in respect of which payment is overdue for more than 30 days? 2.1 YES NO If NO, this serves to certify that the bidder has no undisputed commitments for municipal services towards any municipality for more than three months or other service provider in respect of which payment is overdue for more than 30 days. 2.2 If YES, provide particulars. …………………………………………………………………………….……………………..………………………………………………………….. ………………………………………………………………………..……………………………………………………….…………………………….. 3.0 Has any contract been awarded to you by an organ of state during the past five years, including particulars of any material non-compliance or dispute concerning the execution of such contract? 3.1 YES NO YES NO If YES, provide particulars. SEE Returnable Document T2.2.5 4.0 Will any portion of goods or services be sourced from outside the Republic, and, if so, what portion and whether any portion of payment from the municipality / municipal entity is expected to be transferred out of the Republic? 4.1 If YES, provide particulars. …………………………………………………..…………………………………………………………….…………………………………………….. …………………………………………………………………………………………………………………………..……………………………………. If required by 1.1 above, Tenderers are to include, at the back of their tender submission, a printout of their audited annual financial statements. I, the undersigned, who warrants that they are authorised to sign on behalf of the Tenderer, confirms that the information contained in this form is within my personal knowledge and is to the best of my belief both true and correct, and, if required, that the requested documentation has been included in the tender submission. NAME (Block Capitals): Date SIGNATURE: C1: Agreements and Contract Data Page 32 Document Version 12/05/2025 Contract No: 1R-32862 T2.2.5 CONTRACTS AWARDED BY ORGANS OF STATE IN THE PAST 5 YEARS Contract Number Employer Consulting Engineer/ Engineers representative Value of Work Date Completed Material noncompliance or dispute (Yes or No) In terms of SCM Policy Section 20(1)(d)(iii), Tenderers are to provide details of Works undertaken for the Government or Public Sector entities/ Organs of State in the past 5 Years, including particulars of any material non-compliance or dispute concerning the execution of such contract. I, the undersigned, who warrants that they are authorised to sign on behalf of the entity, confirms that the information contained in this form is within my personal knowledge and is to the best of my belief both true and correct. NAME (Block Capitals): Date SIGNATURE: C1: Agreements and Contract Data Page 33 Document Version 12/05/2025 Contract No: 1R-32862 T2.2.6 MBD 6.1: PREFERENCE POINTS CLAIM (SCMP 52.7: Basket of Preference Goals) This form serves as a claim form for preference points according to The Basket of Preference Goals. Reference is to be made to the Tender Data: C.3.11. 1.0 GENERAL CONDITIONS 1.1 The relevant Preference Points System (80/20 or) applicable to this bid is stated in the Tender Data: C.3.11. 1.2 Failure on the part of the Tenderer to submit the required proof or documentation, in terms of the requirements in the Tender Data for claiming specific goal preference points, will be interpreted that Preference Points for Specific Goals are not claimed. 1.3 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser. 2.0 ADJUDICATION USING A POINT SYSTEM 2.1 The bidder obtaining the highest number of total points will be recommended for the award of the contract. 2.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into account all factors of non-firm prices and all unconditional discounts. 2.3 Points scored will be rounded off to the nearest 2 decimal places. 2.4 In the event that two or more bids have scored equal total points, the successful bid must be the one scoring the highest number of preference points for B-BBEE. 2.5 However, when functionality is part of the evaluation process and two or more bids have scored equal points including equal preference points for B-BBEE, the successful bid must be the one scoring the highest score for functionality. 2.6 Should two or more bids be equal in all respects the award shall be decided by the drawing of lots. 3.0 POINTS AWARDED FOR PRICE A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 Procurement System or Pt − P min   Ps = 901 −  P min   Pt − P min   Ps = 801 −  P min   Where: C1: Agreements and Contract Data Ps = Pt = Pmin = 90/10 Procurement System Points scored for comparative price of bid under consideration Comparative price of bid under consideration Comparative price of lowest acceptable bid Page 34 Document Version 12/05/2025 Contract No: 1R-32862 4.0 POINTS ALLOCATED FOR THE BASKET OF PREFERENCE GOALS 4.1 Preference points may be claimed for the Specific Goals stated in the Tender Data: C.3.11. For the purposes of this tender, the Tenderer may claim points based on the goal(s) stated in the table below, as supported by proof/ documentation specified in the Tender Data. 80/20 Preference Points System The Specific Goals to be allocated points in terms of this tender: Maximum Number of points ALLOCATED Ownership Goal: Race (black) 12.0 Ownership Goal: Gender (female) 4.0 RDP Goal: The promotion of South African-owned enterprises. 4.0 Total CLAIMED Points (maximum 20) 20 Tenderer’s Number of points CLAIMED 5.0 REMEDIES FOR THE SUBMISSION OF FALSE INFORMATION 5.1 The remedies for the submission of false information regarding claims for specific goals are stated in the SCM Policy: Section 52.9. Tenderers are to include, at the back of their tender submission, the required proof/ documentation in support of their Preference Goal claims. I, the undersigned, who warrants that they are authorised to sign on behalf of the Tenderer, confirms that the information contained in this form is within my personal knowledge and is to the best of my belief both true and correct, and, if required, that the requested documentation has been included in the tender submission. NAME (Block Capitals): Date SIGNATURE: C1: Agreements and Contract Data Page 35 Document Version 12/05/2025 Contract No: 1R-32862 T2.2.7 MBD 6.2: DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR DESIGNATED SECTORS This Municipal Bidding Document (MBD 6.2) must form part of all bids invited. It contains general information and serves as a declaration form for local content (local production and local content are used interchangeably). Before completing this declaration, bidders must study the General Conditions, Definitions, Directives applicable in respect of Local Content as prescribed in the Preferential Procurement Policy, the South African Bureau of Standards (SABS) approved technical specification number SATS 1286:2017 (Edition 1) and the Guidance on the Calculation of Local Content together with the Local Content Declaration Templates [Annex C (Local Content Declaration: Summary Schedule), D (Imported Content Declaration: Supporting Schedule to Annex C) and E (Local Content Declaration: Supporting Schedule to Annex C)]. 1.0 GENERAL CONDITIONS 1.1. The Preferential Procurement Policy makes provision for the promotion of local production and content. 1.2. The Policy prescribes that in the case of designated sectors, organs of state must advertise such tenders with the specific bidding condition that only locally produced or manufactured goods, with a stipulated minimum threshold for local production and content will be considered. 1.3. Where necessary, for tenders referred to in paragraph 1.2 above, a two-stage bidding process may be followed, where the first stage involves a minimum threshold for local production and content and the second stage price and B-BBEE. 1.4. A person awarded a contract in relation to a designated sector, may not sub-contract in such a manner that the local production and content of the overall value of the contract is reduced to below the stipulated minimum threshold. 1.5. The local content (LC) expressed as a percentage of the bid price must be calculated in accordance with the SABS approved technical specification number SATS 1286: 2017 as follows: LC = [1 - x / y] * 100 Where: x y is the imported content in Rand is the bid price in Rand excluding value added tax (VAT) Prices referred to in the determination of x must be converted to Rand (ZAR) by using the exchange rate published by South African Reserve Bank (SARB) on the date of advertisement of the bid as indicated in paragraph 3.1 below. The SABS approved technical specification number SATS 1286:2017 is accessible on https://www.thedtic.gov.za/sectors-and-services-2/industrial-development/industrial-procurement/ at no cost. 1.6. A bid may be disqualified if this Declaration Certificate and the Annex C (Local Content Declaration: Summary Schedule) are not submitted as part of the bid documentation; C1: Agreements and Contract Data Page 36 Document Version 12/05/2025 Contract No: 1R-32862 2.0 THE STIPULATED MINIMUM THRESHOLD(S) The stipulated minimum threshold(s) for local production and content (refer to Annex A of SATS 1286:2017) for this bid are as follows: Description of services, works or goods 3. Stipulated Minimum Threshold Steel Products and component for construction: Fabricated Structural Steel and Wire Products. N/A Ducting and Structural pipework N/A Gabion cages N/A All types of plastic pipes (PVC, HDPE, PP, and GRP) N/A Does any portion of the goods or services offered have any imported content? YES 3.1 NO (Tick applicable box) If yes, the rate(s) of exchange to be used in this bid to calculate the local content as prescribed in paragraph 1.5 of the general conditions must be the rate(s) published by SARB for the specific currency on the date of advertisement of the bid. The relevant rates of exchange information is accessible on www.resbank.co.za Indicate the rate(s) of exchange against the appropriate currency in the table below (refer to Annex A of SATS 1286:2017): Currency Rates of Exchange US Dollar Pound Sterling Euro Yen Other NB: 4. Bidders must submit proof of the SARB rate(s) of exchange used. CHALLENGES IN MEETING THE STIPULATED MINIMUM THRESHOLD Where, after the award of a bid, challenges are experienced in meeting the stipulated minimum threshold for local content, the DTIC must be informed accordingly in order for the DTIC to verify and, in consultation with the AO/AA, provide directives in this regard. C1: Agreements and Contract Data Page 37 Document Version 12/05/2025 Contract No: 1R-32862 LOCAL CONTENT DECLARATION BY CHIEF FINANCIAL OFFICER OR OTHER LEGALLY RESPONSIBLE PERSON NOMINATED IN WRITING BY THE CHIEF EXECUTIVE OR SENIOR MEMBER/PERSON WITH MANAGEMENT RESPONSIBILITY (CLOSE CORPORATION, PARTNERSHIP OR INDIVIDUAL) IN RESPECT OF BID NO. 1R-32862 ISSUED BY: (Procurement Authority / Name of Institution): ETHEKWINI MUNICIPALITY 1 The obligation to complete, duly sign and submit this declaration cannot be transferred to an external authorized representative, auditor or any other third party acting on behalf of the bidder. 2 Guidance on the Calculation of Local Content together with Local Content Declaration Templates (Annex C, D and E) is accessible on https://www.thedtic.gov.za/sectors-and-services-2/industrial-development/industrial-procurement/. Bidders should first complete Declaration D. After completing Declaration D, bidders should complete Declaration E and then consolidate the information on Declaration C. Declaration C should be submitted with the bid documentation at the closing date and time of the bid in order to substantiate the declaration made in paragraph (c) below. Declarations D and E should be kept by the bidders for verification purposes for a period of at least 5 years. The successful bidder is required to continuously update Declarations C, D and E with the actual values for the duration of the contract. I, the undersigned, ……................................................................................................................................. (full names), do hereby declare, in my capacity as ………………………………………………………….…………………………………. of ............................................................................................................................(name of bidder entity), the following: a) The facts contained herein are within my own personal knowledge. b) I have satisfied myself that the goods/services/works to be delivered in terms of the above-specified bid comply with the minimum local content requirements as specified in the bid, and as measured in terms of SATS 1286:2017; and c) The local content percentage (%) indicated below has been calculated using the formula given in clause 3 of SATS 1286:2017, the rates of exchange indicated in paragraph 3.1 above and the information contained in Declaration D and E which has been consolidated in Declaration C: Bid price, excluding VAT (y) R Imported content (x), as calculated in terms of SATS 1286:2017 R Stipulated minimum threshold for local content (paragraph 2 above) % Local content %, as calculated in terms of SATS 1286:2017 % If the bid is for more than one product, the local content percentages for each product contained in Declaration C shall be used instead of the table above. The local content percentages for each product has been calculated using the formula given in clause 3 of SATS 1286:2017, the rates of exchange indicated in paragraph 3.1 above and the information contained in Declaration D and E. (a) I accept that the Procurement Authority/ Institution has the right to request that the local content be verified in terms of the requirements of SATS 1286:2017. (b) I understand that the awarding of the bid is dependent on the accuracy of the information furnished in this application. I also understand that the submission of incorrect data, or data that are not verifiable as described in SATS 1286:2017, may result in the Procurement Authority/ Institution imposing any or all of the remedies as provided for in the Policy. SIGNATURE: ________________________ DATE: _____________________ WITNESS No. 1 DATE: _____________________ WITNESS No. 2 DATE: _____________________ C1: Agreements and Contract Data Page 38 Document Version 12/05/2025 Contract No: 1R-32862 PROFORMA ANNEXURE C C1: Agreements and Contract Data Page 39 Document Version 12/05/2025 Contract No: 1R-32862 T2.2.8 MBD 8: DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1.0 This Municipal Bidding Document must form part of all bids invited. 2.0 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3.0 The bid of any bidder may be rejected if that bidder, or any of its directors have: a) b) c) d) abused the municipal entity’s supply chain management system or committed any improper conduct in relation to such system. been convicted for fraud or corruption during the past five years. wilfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract during the past five years. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004). 4.0 In order to give effect to the above, the following questions must be completed and submitted with the bid. Circle Applicable 4.1 Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer / Authority of the institution that imposed the restriction after the audi alteram partem rule was applied.) YES NO The Database of Restricted Suppliers now resides on the National Treasury’s website (www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page. 4.1.1 If YES, provide particulars. ………………………………………………….……………………………………………………..………………………….……………..………… ………………………………………………….……………………………………………………..………………………….……………..………… 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? YES NO The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page. 4.2.1 If YES, provide particulars. ………………………………………………….……………………………………………………..………………………….……………..………… ………………………………………………….……………………………………………………..………………………….……………..………… 4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years? YES NO 4.3.1 If YES, provide particulars. ………………………………………………….……………………………………………………..………………………….……………..………… ………………………………………………….……………………………………………………..………………………….……………..………… C1: Agreements and Contract Data Page 40 Document Version 12/05/2025 Contract No: 1R-32862 4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months? YES NO 4.4.1 If YES, provide particulars. ………………………………………………….……………………………………………………..………………………….……………..………… ………………………………………………….……………………………………………………..………………………….……………..………… 4.5 Was any contract between the bidder and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract? YES NO 4.5.1 If YES, provide particulars. ………………………………………………….……………………………………………………..………………………….……………..………… ………………………………………………….……………………………………………………..………………………….……………..………… I, the undersigned, who warrants that they are authorised to sign on behalf of the Tenderer, confirms that the information contained in this form is within my personal knowledge and is to the best of my belief both true and correct. I accept that, in addition to cancellation of a contract, action may be taken against me should this declaration prove to be false. NAME (Block Capitals): Date SIGNATURE: C1: Agreements and Contract Data Page 41 Document Version 12/05/2025 Contract No: 1R-32862 T2.2.9 MBD 9: CERTIFICATE OF INDEPENDENT BID DETERMINATION NOTES ¹ Includes price quotations, advertised competitive bids, limited bids and proposals. ² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete. ³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract. 1.0 This Municipal Bidding Document (MBD) must form part of all bids1 invited. 2.0 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds. 3.0 Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must provide measures for the combating of abuse of the supply chain management system, and must enable the accounting officer, among others, to: a. take all reasonable steps to prevent such abuse; b. reject the bid of any bidder if that bidder or any of its directors has abused the supply chain management system of the municipality or municipal entity or has committed any improper conduct in relation to such system; and c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act during the bidding process or the execution of the contract. 4.0 This MBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid rigging. 5.0 In order to give effect to the above, the below Certificate of Independent Bid Determination must be completed and submitted with the bid. C1: Agreements and Contract Data Page 42 Document Version 12/05/2025 Contract No: 1R-32862 CERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid for: Contract 1R-32862 Routine structural maintenance repairs to municipal-owned retaining walls within the eThekwini Metropolitan area for 18 months in response to the invitation for the bid made by: ETHEKWINI MUNICIPALITY do hereby make the following statements that I certify to be true and complete in every respect. I certify, on behalf of: ……………………………………………………………………………….……………………………………………………………….. that: (continued on next page) 1. I have read and I understand the contents of this Certificate. 2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect. 3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder; 4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of, and to sign, the bid, on behalf of the bidder; 5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who: (a) has been requested to submit a bid in response to this bid invitation. (b) could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience. (c) provides the same goods and services as the bidder and/or is in the same line of business as the bidder. 6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement, or arrangement with any competitor. However, communication between partners in a joint venture or consortium³ will not be construed as collusive bidding. 7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: (a) prices. (b) geographical area where product or service will be rendered (market allocation). (c) methods, factors or formulas used to calculate prices. (d) the intention or decision to submit or not to submit, a bid. (e) the submission of a bid which does not meet the specifications and conditions of the bid. (f) bidding with the intention not to win the bid. 8. In addition, there have been no consultations, communications, agreements, or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates. C1: Agreements and Contract Data Page 43 Document Version 12/05/2025 Contract No: 1R-32862 9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract. 10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation. NAME (Block Capitals): Date SIGNATURE: C1: Agreements and Contract Data Page 44 Document Version 12/05/2025 Contract No: 1R-32862 T2.2.10 DECLARATION OF MUNICIPAL FEES Reference is to be made to the Tender Data: C.2.23 and C.3.13(a). I, the undersigned, do hereby declare that the Municipal fees of: .......................................................................................................................................................................................... (full name of Company / Close Corporation / partnership / sole proprietary/Joint Venture) (hereinafter referred to as the TENDERER) are, as at the date hereunder, fully paid or an Acknowledgement of Debt has been concluded with the Municipality to pay the said charges in instalments. The following account details relate to property of the said TENDERER: Account Account Number: to be completed by Tenderer Consolidated Account Electricity Water Rates JSB Levies Other • If applicable, a copy of a recent (within the past 3 months) Metro Bill is to be provided. I acknowledge that should the aforesaid Municipal charges fall into arrears, the Municipality may take such remedial action as is required, including termination of any contract, and any payments due to the Contractor by the Municipality shall be first set off against such arrears. • Where the Tenderer’s place of business or business interests are outside the jurisdiction of eThekwini municipality, a copy of the accounts/ agreements from the relevant municipality are to be provided. • Where the Tenderer’s Municipal Accounts are part of their lease agreement, then a copy of the agreement, or an official letter to that effect, is to be provided. • Where a Tenderer’s place of business or business interests are carried out from premises as part of any other agreement, then a copy of the agreement, or an official letter to that effect, is to be provided. Tenderers are to include, at the back of their tender submission, copies of the above-mentioned account’s, agreements signed with the municipality, lease agreements, or official letters. I, the undersigned, who warrants that they are authorised to sign on behalf of the Tenderer, confirms that the information contained in this form is within my personal knowledge and is to the best of my belief both true and correct, and that the requested documentation has been included in the tender submission. NAME (Block Capitals): Date SIGNATURE: C1: Agreements and Contract Data Page 45 Document Version 12/05/2025 Contract No: 1R-32862 T2.2.11 CONTRACTOR'S HEALTH AND SAFETY DECLARATION Reference is to be made to Clauses C.2.1(e) and C.2.23 of the Tender Data. In terms of Clause 5(1)(h) of the OHSA 1993 Construction Regulations 2014 (referred to as "the Regulations" hereafter), a Principal Contractor may only be appointed to perform construction work if the Client is satisfied that the Principal Contractor has the necessary competencies and resources to carry out the work safely in accordance with the Occupational Health and Safety Act No 85 of 1993 and the OHSA 1993 Construction Regulations 2014. To that effect, a person duly authorised by the Tenderer, must complete and sign the declaration hereafter in detail. Declaration by Tenderer 1 I, the undersigned, hereby declare and confirm that I am fully conversant with the Occupational Health and Safety Act No 85 of 1993 (as amended by the Occupational Health and Safety Amendment Act No 181 of 1993), and the OHSA 1993 Construction Regulations 2014. 2 I hereby declare that my company has the competence and the necessary resources to safely carry out the construction work under this contract in compliance with the Construction Regulations and the Employer's Health and Safety Specifications. 3 I propose to achieve compliance with the Regulations by one of the following (Tenderers are to Circle Applicable - Yes or No): Circle Applicable 4 (a) From my own competent resources as detailed in 4(a) hereafter. Yes No (b) From my own resources still to be appointed or trained until competency is achieved, as detailed in 4(b) hereafter: Yes No (c) From outside sources by appointment of competent specialist Subcontractors as detailed in 4(c) hereafter: Yes No Details of resources I propose: (Note: Competent resources shall include safety personnel such as a construction supervisor and construction safety officer as defined in Regulation 8, and competent persons as defined in Regulations 9, 10, 11, 12, 13, 14, 16, 17, 20, 21, 22, 23(1), 24, 25, 26, 27, 28 and 29, as applicable). (a) Details of the competent and qualified key persons from my company's own resources, who will form part of the contract team: NAMES OF COMPETENT PERSONS C1: Agreements and Contract Data POSITIONS TO BE FILLED BY COMPETENT PERSONS Page 46 Document Version 12/05/2025 Contract No: 1R-32862 (b) Details of training of persons from my company's own resources (or to be hired) who still have to be trained to achieve the necessary competency: (i) By whom will training be provided? (ii) When will training be undertaken? (iii) Positions to be filled by persons to be trained or hired: (c) Details of competent resources to be appointed as subcontractors if competent persons cannot be supplied from own company: Name of proposed subcontractor: Qualifications or details of competency of the subcontractor: 5 I, the undersigned, hereby undertake, if this tender is accepted, to provide, before commencement of the works under the contract, a suitable and sufficiently documented Health and Safety Plan in accordance with Regulation 7(1) of the Construction Regulations, which plan shall be subject to approval by the Client. 6 I, the undersigned, confirm that copies of this company's approved Health and Safety Plan, the Client's Safety Specifications as well as the OHSA 1993 Construction Regulations 2014 will be provided on site and will at all times be available for inspection by the Principal Contractor's personnel, the Client's personnel, the Employer’s Agent, visitors, and officials and inspectors of the Department of Labour. 7 I, the undersigned, hereby confirm that adequate provision has been made in the tendered rates and prices in the Bill of Quantities to cover the cost of all resources, actions, training and all health and safety measures envisaged in the OHSA 1993 Construction Regulations 2014, and that I will be liable for any penalties that may be applied by the Client in terms of the said Regulations (Regulation 33) for failure on the Principal Contractor's part to comply with the provisions of the Act and the Regulations. 8 I, the undersigned, agree that failure to complete and execute this declaration to the satisfaction of the Client will mean that this company is unable to comply with the requirements of the OHSA 1993 Construction Regulations (2014) and accept that this tender will be prejudiced and may be rejected at the discretion of the Client. I, the undersigned, who warrants that they are authorised to sign on behalf of the Tenderer, confirms that the information contained in this form is within my personal knowledge and is to the best of my belief both true and correct. NAME (Block Capitals): Date SIGNATURE: C1: Agreements and Contract Data Page 47 Document Version 12/05/2025 Contract No: 1R-32862 T2.2.12 CSD REGISTRATION REPORT Reference is to be made to Tender Data: C.2.1.1(b) and C.2.23. The Tender Data: C.2.1: Eligibility, requires a Tenderer to be registered, at the time of tender closing, on the National Treasury Central Supplier Database (CSD) as a service provider. The date of obtaining the printout is to be printed on the printout. CSD Registration Reports can be obtained from the National Treasury’s CSD website at https://secure.csd.gov.za/Account/Login. The following is an example of the printout obtained from the above website. Note: the printout will contain more than one page. Tenderers are to include, at the back of their tender submission, a printout of their CSD Registration Report. I, the undersigned, who warrants that they are authorised to sign on behalf of the Tenderer, confirms that the information contained in this form is within my personal knowledge and is to the best of my belief both true and correct, and that the requested documentation has been included in the tender submission. NAME (Block Capitals): Date SIGNATURE: C1: Agreements and Contract Data Page 48 Document Version 12/05/2025 Contract No: 1R-32862 T2.2.13 CIDB REGISTRATION AND STATUS Reference is to be made to the Tender Data: C.2.1.2, C.2.23, and C.3.13(c). The Tender Data: C.2.1.1: Eligibility, requires a Tenderer to be registered, as “Active”, with the CIDB (at time of tender closing), in a contractor grading designation equal to or higher than a contractor grading designation determined in accordance with the sum tendered, or a value determined in accordance with Regulation 25 (1B) or 25(7A) of the Construction Industry Development Regulations. The required class of construction work is specified in the Tender Data: C.2.1.2. The date of obtaining the printout is to be printed on the printout. CIDB Registrations can be obtained from the CIDB website at: https://portal.cidb.org.za/RegisterOfContractors/ The following is an example of the printout obtained from the above website using the provided “Print” button. Note: the printout may contain more than one page. Tenderers are to include, at the back of their tender submission, a printout of their CIDB Registration and Status. I, the undersigned, who warrants that they are authorised to sign on behalf of the Tenderer, confirms that the information contained in this form is within my personal knowledge and is to the best of my belief both true and correct, and that the requested documentation has been included in the tender submission. NAME (Block Capitals): Date SIGNATURE: C1: Agreements and Contract Data Page 49 Document Version 12/05/2025 Contract No: 1R-32862 T2.2.14 JOINT VENTURES AGREEMENTS If this tender submission is to be made by an established Joint Venture, the Joint Venture Agreements and Power of Attorney Agreements are to be attached here. Should the Joint Venture, at the time of submission, not yet be formalised, this form is to be completed in full and signed by all parties to the proposed Joint Venture. The Lead Partner of the Joint Venture is to sign the Form of Offer in Section C1.1.1. INTENT TO FORM A JOINT VENTURE Should our submission for CONTRACT: 1R-32862 be successful, a Joint Venture will be established by the parties as listed below, as an unincorporated association, with the purposes of securing and executing the Contract, for the benefit of the Members. Proposed Joint Venture Joint Venture Title (name): Represented by (name): Tel: Lead Partner/ Member 1 Entity Name: Ownership Interest in JV %: CSD Registration: MAAA CIDB #: Represented by (name): Signature: Partner/ Member 2 Entity Name: Ownership Interest in JV %: CSD Registration: MAAA CIDB #: Represented by (name): Signature: Partner/ Member 3 Entity Name: Ownership Interest in JV %: CSD Registration: MAAA CIDB #: Represented by (name): Note: Signature: All requirements for Joint Ventures, as stated elsewhere in this procurement document, must be complied with in full. C1: Agreements and Contract Data Page 50 Document Version 12/05/2025 Contract No: 1R-32862 T2.2.15 RECORD OF ADDENDA TO TENDER DOCUMENTS Reference is to be made to the Tender Data: C.2.6. I / We confirm that the following communications received from the Employer or his representative before the date of submission of this tender offer, amending the tender documents, have been taken into account in this tender offer. ADD.No DATE TITLE OR DETAILS 1 2 3 4 5 6 7 8 9 10 I, the undersigned, who warrants that they are authorised to sign on behalf of the Tenderer, confirms that the information contained in this form is within my personal knowledge and is to the best of my belief both true and correct. It is also confirmed that the requirements, as stated on the Addenda, have been complied with. NAME (Block Capitals): Date SIGNATURE: C1: Agreements and Contract Data Page 51 Document Version 12/05/2025 Contract No: 1R-32862 T2.2.16 ELIGIBILITY: EXPERIENCE OF TENDERER Reference is to be made to the Tender Data: C.2.1.3. Only those Tenderers that can demonstrate experience and submit the associated documentation/ information, in works of a similar nature, within the past 10 years, will be eligible to have their tenders evaluated in terms of Tender Data: C.3.11. • The Eligibility Criteria Requirement is as stated on Table 1: “Experience Requirement”. • The experience is to be “Similar in Nature” to that specified on Table 2: “Works of a Similar Nature”. Tenderers are to note the exclusions (if any) stated on this table. • The Documentation/ Information that is required is specified on Table 3: “Documentation/ Information Requirements” (which includes the Notes below the table). • Tenderers may submit experience gained as Sub-Contractors or Main Contractors. It is the responsibility of the Tenderer to ensure that the experience submissions comply with the requirements as stated in the Tender Data: C.2.1.3. Guidance to Tenderers: Experience Submission Form Client / Employer Details • Provide details for whom the works were carried out (works owner). • Provide Contact details of the Client or Main Contractor (if experience was gained as a sub-contractor) is required to be provided. The contact details may be used by the Employer to verify the information, pertaining to the experience submission. Should the Employer’s reasonable attempts to make contact with the Client or Main Contractor fail (for whatever reason), that specific experience submission may be considered invalid. Contract Details • Provide the Contract Reference Number and Contract Title. • Indicate if this contract has been completed or is still in progress. • Provide Contract Dates. • Provide Contract Values - Where works are still in progress, provide the value of works that have been completed as detailed on the most recent payment to the Contractor / Sub-Contractor. If the works are complete, provide the Final Value of the sub-contract or Final Contract Price. Scope of Works • Indicate the Works Type(s) that best describe the works included in the project. Select the most applicable option (only 1). • Indicate the Works Elements(s) that were included in the project. Select any elements that were included in the contract. Joint Ventures In the event of a Joint Venture (JV) tendering for this contract, experience gained by the separate entities making up the JV may be used as experience, provided that the experience complies with the requirements, as stipulated in Table 1, and that the required documentation/ information is provided. (T2.2.16 is continued on the next page) C1: Agreements and Contract Data Page 52 Document Version 12/05/2025 Contract No: 1R-32862 Confirmation of submission of Information/ Documentation The Tenderer is to indicate (by marking with an “X” in the shaded column) the documentation that has been included in this tender submission, in support of each experience submission. If submitted, mark with an “X” SUBMISSION #1 Experience Submission Form (completed and signed) Proof of Sub-Contract Agreement (if experience was gained as a sub-contractor) Letter of Award OR Form of Offer & Acceptance Most recent Payment Certificate (with Quantities summary), OR most recent INVOICE (with Quantities summary) Final Payment Certificate (with Quantities summary), OR most recent INVOICE (with Quantities summary) Completion Certificate SUBMISSION #2 Experience Submission Form (completed and signed) Proof of Sub-Contract Agreement (if experience was gained as a sub-contractor) Letter of Award OR Form of Offer & Acceptance Most recent Payment Certificate (with Quantities summary), OR most recent INVOICE (with Quantities summary) Final Payment Certificate (with Quantities summary), OR most recent INVOICE (with Quantities summary) Completion Certificate SUBMISSION #3 Experience Submission Form (completed and signed) Proof of Sub-Contract Agreement (if experience was gained as a sub-contractor) Letter of Award OR Form of Offer & Acceptance Most recent Payment Certificate (with Quantities summary), OR most recent INVOICE (with Quantities summary) Final Payment Certificate (with Quantities summary), OR most recent INVOICE (with Quantities summary) Completion Certificate Note: Should there be insufficient evidence for verification of the information submitted for any specific experience submission, that experience submission WILL be deemed invalid. I, the undersigned, who warrants that they are authorised to sign on behalf of the Tenderer, confirms that the information contained in this form is within my personal knowledge and is to the best of my belief both true and correct, and that the requested documentation has been included in the tender submission. NAME (Block Capitals): Date SIGNATURE: C1: Agreements and Contract Data Page 53 Document Version 12/05/2025 Contract No: 1R-32862 EXPERIENCE SUBMISSION #1 Reference is to be made to the Tender Data: C.2.1.3. (Where required, in the shaded areas, clearly mark selection with an “X” or circle applicable) Experience as a: Sub-Contractor: Main Contractor: Entity Name: Client/ Employer OR Main Contractor’s Details Contact Name: Should the Employer’s reasonable Contact Tel: attempts to make contact, to verify the information provided, fail (for whatever reason) this experience Contact Cell: submission WILL be considered invalid. Contact email / other: - - - - Enter the Client/ Employer’s details, OR, if the works was done as a sub-contractor, enter the Main Contractor’s Details Contract (Reference) Number: Contract Title: Contract Details Has this Contract been completed? Tendered Value (Contract Sum) OR Sub-Contract Value: Y Commencement Date: d d m m 2 0 y y Completion Date (if applicable): d d m m 2 0 y y N Final Contract Price OR Final Value of Sub-Contract: R R Contract Scope-of-Work (Type of Project and Works Elements): Which Works Type(s) best describe the project? Pedestrian Bridge Stormwater related structure (culverts etc) Road Bridge and related structures Retaining structures Maintenance and repairs to structures OTHER: provide a description of the type of project Which Works Element(s) were included in the project? Reinforced concrete construction. Retaining walls (reinforced concrete, masonry, gabion, proprietary block systems etc). Reinforced concrete repairs (spalling, member replacement, use of specialist products etc). Reinforced and prestressed concrete pedestrian and road bridges. Specialist proprietary product repair systems or approved product applicator for specific specialist proprietary products. Reinforced concrete pedestrian bridges. Structural steel construction and repairs and application of steel protection systems. Structural steel pedestrian bridges. OTHER: List works elements included in project Confirmation of documentation submitted is to be recorded on Page 53. I, the undersigned, who warrants that they are authorised to sign on behalf of the Tenderer, confirms that the information contained in this form is within my personal knowledge and is to the best of my belief both true and correct, and that the requested documentation has been included in the tender submission. NAME (Block Capitals): Date SIGNATURE: C1: Agreements and Contract Data Page 54 Document Version 12/05/2025 Contract No: 1R-32862 EXPERIENCE SUBMISSION #2 Reference is to be made to Tender Data: C.2.1.3. (Where required, in the shaded areas, clearly mark selection with an “X” or circle applicable) Experience as a: Sub-Contractor: Main Contractor: Entity Name: Client/ Employer OR Main Contractor’s Details Contact Name: Should the Employer’s reasonable Contact Tel: attempts to make contact, to verify the information provided, fail (for whatever reason) this experience Contact Cell: submission WILL be considered invalid. Contact email / other: - - - - Enter the Client/ Employer’s details, OR, if the works was done as a sub-contractor, enter the Main Contractor’s Details Contract (Reference) Number: Contract Title: Contract Details Has this Contract been completed? Tendered Value (Contract Sum) OR Sub-Contract Value: Y Commencement Date: d d m m 2 0 y y Completion Date (if applicable): d d m m 2 0 y y N Final Contract Price OR Final Value of Sub-Contract: R R Contract Scope-of-Work (Type of Project and Works Elements): Which Works Type(s) best describe the project? Pedestrian Bridge Stormwater related structure (culverts etc) Road Bridge and related structures Retaining structures Maintenance and repairs to structures OTHER: provide a description of the type of project Which Works Element(s) were included in the project? Reinforced concrete construction. Retaining walls (reinforced concrete, masonry, gabion, proprietary block systems etc). Reinforced concrete repairs (spalling, member replacement, use of specialist products etc). Reinforced and prestressed concrete pedestrian and road bridges. Specialist proprietary product repair systems or approved product applicator for specific specialist proprietary products. Reinforced concrete pedestrian bridges. Structural steel construction and repairs and application of steel protection systems. Structural steel pedestrian bridges. OTHER: List works elements included in project Confirmation of documentation submitted is to be recorded on Page 53. I, the undersigned, who warrants that they are authorised to sign on behalf of the Tenderer, confirms that the information contained in this form is within my personal knowledge and is to the best of my belief both true and correct, and that the requested documentation has been included in the tender submission. NAME (Block Capitals): Date SIGNATURE: C1: Agreements and Contract Data Page 55 Document Version 12/05/2025 Contract No: 1R-32862 EXPERIENCE SUBMISSION #3 Reference is to be made to Tender Data: C.2.1.3. (Where required, in the shaded areas, clearly mark selection with an “X” or circle applicable) Experience as a: Sub-Contractor: Main Contractor: Entity Name: Client/ Employer OR Main Contractor’s Details Contact Name: Should the Employer’s reasonable Contact Tel: attempts to make contact, to verify the information provided, fail (for whatever reason) this experience Contact Cell: submission WILL be considered invalid. Contact email / other: - - - - Enter the Client/ Employer’s details, OR, if the works was done as a sub-contractor, enter the Main Contractor’s Details Contract (Reference) Number: Contract Title: Contract Details Has this Contract been completed? Tendered Value (Contract Sum) OR Sub-Contract Value: Y Commencement Date: d d m m 2 0 y y Completion Date (if applicable): d d m m 2 0 y y N Final Contract Price OR Final Value of Sub-Contract: R R Contract Scope-of-Work (Type of Project and Works Elements): Which Works Type(s) best describe the project? Pedestrian Bridge Stormwater related structure (culverts etc) Road Bridge and related structures Retaining structures Maintenance and repairs to structures OTHER: provide a description of the type of project Which Works Element(s) were included in the project? Reinforced concrete construction. Retaining walls (reinforced concrete, masonry, gabion, proprietary block systems etc). Reinforced concrete repairs (spalling, member replacement, use of specialist products etc). Reinforced and prestressed concrete pedestrian and road bridges. Specialist proprietary product repair systems or approved product applicator for specific specialist proprietary products. Reinforced concrete pedestrian bridges. Structural steel construction and repairs and application of steel protection systems. Structural steel pedestrian bridges. OTHER: List works elements included in project Confirmation of documentation submitted is to be recorded on Page 53. I, the undersigned, who warrants that they are authorised to sign on behalf of the Tenderer, confirms that the information contained in this form is within my personal knowledge and is to the best of my belief both true and correct, and that the requested documentation has been included in the tender submission. NAME (Block Capitals): Date SIGNATURE: C1: Agreements and Contract Data Page 56 Document Version 12/05/2025 Contract No: 1R-32862 PART C1: AGREEMENT AND CONTRACT DATA C1.1: FORM OF OFFER AND ACCEPTANCE C1.1.1: OFFER The Employer, identified in the Acceptance signature block, has solicited offers to enter into a contract in respect of the following works: Contract No: 1R-32862 Contract Title: ROUTINE STRUCTURAL MAINTENANCE REPAIRS TO MUNICIPAL-OWNED RETAINING WALLS WITHIN THE ETHEKWINI METROPOLITAN AREA FOR 18 MONTHS The Tenderer, identified in the Offer signature block below, has examined the documents listed in the Tender Data and addenda thereto as listed in the Tender Schedules, and by submitting this Offer has accepted the Conditions of Tender. By the representative of the Tenderer, deemed to be duly authorised, signing this part of this Form of Offer and Acceptance, the Tenderer offers to perform all of the obligations and liabilities of the Contractor under the Contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the Conditions of Contract identified in the Contract Data. * The offered total of the prices inclusive of Value Added Tax is: R................................................. (In words .......................................................................................... .......................................................................................................................................................................) This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and Acceptance and returning one copy of this document to the Tenderer before the end of the period of validity stated in the Tender Data, whereupon the Tenderer becomes the party named as the Contractor in the Conditions of Contract identified in the Contract Data. For the Tenderer: * Name of Tenderer (organisation) : ........................................................................ * Signature (of person authorized to sign the tender) : ........................................................................ * Name (of signatory in capitals) : ........................................................................ Capacity (of Signatory) : ........................................................................ Address : ............................................................................................................................ : ............................................................................................................................ Telephone : ............................................................................................................................ Witness: Signature : ................................................... Name (in capitals) : : ................................................... Date : ..................................... Notes: * Indicates what information is mandatory. Failure to complete the mandatory information and sign this form will invalidate the tender. C1: Agreements and Contract Data Page 57 Document Version 12/05/2025 Contract No: 1R-32862 C1.1: FORM OF OFFER AND ACCEPTANCE C1.1.2: FORM OF ACCEPTANCE By signing this part of the Form of Offer and Acceptance, the Employer identified below accepts the Tenderer’s Offer. In consideration thereof, the Employer shall pay the Contractor the amount due in accordance with the Conditions of Contract identified in the Contract Data. Acceptance of the Tenderer’s Offer shall form an agreement between the Employer and the Tenderer upon the terms and conditions contained in this Agreement and in the Contract that is the subject of this Agreement. This Form will be completed by the Employer The terms of the contract are contained in: • Part C1 : Agreement and Contract Data, (which includes this Agreement) • Part C2 : Pricing Data, including the Bill of Quantities • Part C3 : Scope of Work • Part C4 : Site Information and the schedules, forms, drawings and documents or parts thereof, which may be incorporated by reference into Parts C1 to C4 above. Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules as well as any changes to the terms of the Offer agreed by the Tenderer and the Employer during this process of offer and acceptance, are contained in the Schedule of Deviations attached to and forming part of this Agreement. No amendments to or deviations from said documents are valid unless contained in this Schedule, which must be duly signed by the authorised representatives of both parties. The Tenderer shall within two weeks after receiving a completed copy of this Agreement, including the Schedule of Deviations (if any), contact the Employer’s agent (whose details are given in the Contract Data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the Conditions of Contract identified in the Contract Data at, or just after, the date this Agreement comes into effect. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this Agreement. Notwithstanding anything contained herein, this Agreement comes into effect on the date when the Tenderer receives one fully completed original copy of this document, including the Schedule of Deviations (if any). Unless the Tenderer (now Contractor) within five days of the date of such receipt notifies the Employer in writing of any reason why he cannot accept the contents of this Agreement, this Agreement shall constitute a binding contract between the parties. Signature (person authorized to sign the acceptance) : ........................................................................ Name (of signatory in capitals) : ........................................................................ Capacity (of Signatory) : ........................................................................ Name of Employer (organisation) : ........................................................................ Address : ...................................................................................................................... : ...................................................................................................................... Witness: Signature : ................................................... Name(in capitals) : : ......................................... C1: Agreements and Contract Data Page 58 Date : ...................................... Document Version 12/05/2025 Contract No: 1R-32862 C1.1: FORM OF OFFER AND ACCEPTANCE C1.1.3: SCHEDULE OF DEVIATIONS This form will be completed by THE EMPLOYER and ONLY THE SUCCESSFUL TENDERER 1. Subject : ……………………………………………………………………………………………….. Details : ……………………………………………………………………………………………….. : ……………………………………………………………………………………………….. 2. Subject : ……………………………………………………………………………………………….. Details : ……………………………………………………………………………………………….. : ……………………………………………………………………………………………….. 3. Subject : ……………………………………………………………………………………………….. Details : ……………………………………………………………………………………………….. : ……………………………………………………………………………………………….. By the duly authorised representatives signing this Schedule of Deviations, the Employer and the Tenderer agree to and accept the foregoing Schedule of Deviations as the only deviations from and amendments to the documents listed in the Tender Data and addenda thereto as listed in the Tender Schedules, as well as any confirmation, clarification or change to the terms of the offer agreed by the Tenderer and the Employer during this process of offer and acceptance. FOR THE TENDERER FOR THE EMPLOYER ………………………..………….. Signature ………………………..………….. ………………………..………….. Name (in capitals) ………………………..………….. ………………………..………….. Capacity ………………………..………….. ………………………..…………… Name and Address of ………………………..…………… …………………………………….. Organisation …………………………………….. …………………………………….. …………………………………….. …………………………………….. …………………………………….. ……………………………………… Witness Signature ……………………………………… …………………………………….. Witness Name …………………………………….. …………………………………….. Date …………………………………….. C1: Agreements and Contract Data Page 59 Document Version 12/05/2025 Contract No: 1R-32862 C1.2: CONTRACT DATA C1.2.1 CONDITIONS OF CONTRACT C1.2.1.1 GENERAL CONDITIONS OF CONTRACT The Conditions of Contract are the General Conditions of Contract for Construction Works (2015 3rd Edition), (GCC 2015) published by the South African Institution of Civil Engineering. Copies of these conditions of contract may be obtained from the South African Institution of Civil Engineering (Tel: 011-805-5947, Fax: 011-805-5971, E-mail: civilinfo@saice.org.za). The Contract Data (including variations and additions) shall amplify, modify, or supersede, the GCC 2015 to the extent specified below, and shall take precedence and shall govern. Each item of data given below is cross-referenced to the clause in the GCC 2015 to which it mainly applies. C1.2.2 CONTRACT DATA C1.2.2.1 DATA TO BE PROVIDED BY THE EMPLOYER 1.1.1.13 The Defects Liability Period, from the date of the Certificate of Completion, is 1 Year. 1.1.1.14 The time for achieving Practical Completion, from the Commencement Date is 18 Months. The period as stated in 5.3.2, and the 7 days referred to in 5.3.3, are included in the above time for achieving Practical Completion. The special non-working days as stated in 5.8.1 are excluded from the above time for achieving Practical Completion. Deputy Director: Roads Provision 1.2.1.2 The address of the Employer is: Physical: Engineering Unit, 166 KE Masinga Road, Durban, 4001 Postal: P.O. Box 680, Durban, 4001 Telephone: 031-311-7642 Fax: Not Applicable E-Mail: Sandile.Masondo@durban.gov.za 1.1.1.16 1.2.1.2 The name of the Employer’s Agent is The address of the Employer’ Agent is: Physical: Engineering Unit, 166 KE Masinga Road, Durban, 4001 Postal: P.O. Box 680, Durban, 4001 Telephone: 031-311-7671 Fax: Not Applicable E-Mail: Peter.Fenton@durban.gov.za 1.1.1.26 The Pricing Strategy is by Re-measurement Contract. 3.2.3 The Employer’s Agent shall obtain the specific approval of the Employer before executing any of his functions or duties according to the following Clauses of the General Conditions of Contract: • 6.3 : Council approval in order to authorise any expenditure in excess of the Tender Sum plus 15% contingencies. 4.11.1 To carry out and complete the works, the Contractor shall employ a competent Site Agent and Foreman as part of the key staff. It is a requirement for the Contractor’s Site Agent and Foreman to each have a minimum of 3 years relevant experience including experience on projects of a similar nature. The CV’s of the Site Agent and the Foreman should be submitted to the Employer’s C1: Agreements and Contract Data Page 60 Document Version 12/05/2025 Contract No: 1R-32862 Agent’s Representative for acceptance by the Department (reference is made to Cl.5.3.1 of the Contract Data). Note: i) “similar nature” implies projects that were of a value of at least 70% of this tender’s value, and had a comparable Scope of Work in terms of technical requirements and operations. ii) “experience” implies experience on projects of a similar nature. iii) “accredited degree / diploma” implies a minimum 3-year qualification within the built environment, from a registered University or Institute of Technology. 5.3.1 The documentation required before commencement with Works execution are: • Health and Safety Plan (refer to Clause 4.3) • Initial Programme (refer to Clause 5.6) • Security (refer to Clause 6.2) • Insurance (refer to Clause 8.6) • CV(s) of Key Site Staff (refer to Clause 4.11.1) • If required to be registered, in terms of the Occupational Injuries and Diseases Act (130 of 1993 as amended), the Contractor is to supply proof of being registered and in good standing with the compensation fund by submitting a valid Letter of Good Standing from the Compensation Commissioner. Should the Contractor’s Letter of Good Standing be expired, but an application for renewal has been made, the Contractor is to submit the expired Letter of Good Standing AND proof of an application for renewal. 5.3.2 The time to submit the documentation required before commencement with Works is 14 Days. 5.3.3 Add the following paragraph: “If a construction work permit, in terms of Clause 3(1) of the Construction Regulations (2014), is applicable, the instruction to commence carrying out of the works may only be issued once the construction work permit has been obtained by the Employer’s Agent. If a construction work permit is applicable, the contractor shall allow for a minimum period of 37 days, after the submission (or re-submission) of the documentation referred to in Clause 5.3.1., for the issuing of the construction work permit.” 5.8.1 (5.1.1) The non-working days are Saturdays and Sundays. The special non-working days are: • All statutory holidays as declared by National or Regional Government. • The year-end break: • Commencing on the first working day after 15 December. • Work resumes on the first working day after 5 January of the next year. 5.8.1 Delete the words “sunset and sunrise” and replace with “17:00 and 07:00”. 5.12.2.2 Abnormal Climatic Conditions (Rain Delays) - The numbers of days per month, on which work is expected not to be possible as a result of rainfall, for which the Contractor shall make provision, is given in the table below. During the execution of the Works, the Employer’s Agent’s Representative will certify a day lost due to rainfall only if at least 75% of the work force and plant on site could not work during that specific working day. Extension of time as a result of rainfall shall be calculated monthly being equal to the number days certified by the Employer’s Agent’s Representative as lost due to rainfall, less the number of days allowed for as in table below, which could result in a negative figure for certain months. The total extension of time for which the Contractor may apply, shall be the cumulative algebraic sum of the monthly extensions. Should the sum thus obtained be negative, the extension of time shall be taken as NIL. C1: Agreements and Contract Data Page 61 Document Version 12/05/2025 Contract No: 1R-32862 January February March April May June 4* 3 3 2 2 1 Average Rainfall 134 113 120 73 59 28 TOTAL 27 1009mm Month Days Lost Average Rainfall July 1 39 August 2 62 September 2 73 October 3 98 November 3 108 December 1* 102 * = The number of working days lost allows for the annual statutory Construction holiday in December and January of each year. Month Days Lost 5.13.1 The penalty for delay in failing to complete the Works is R 10,000.00 (per Day). 5.14.1 The requirements for achieving Practical Completion will be determined by the Employer’s Agent (in consultation with the Contractor) and recorded in the minutes of the first Site Meeting / Handover Meeting. (Refer to 1.1.1.24 for a generic definition.) The requirements are to be regularly reviewed with respect to any variations to the Contract. 5.16.3 The latent defect liability period is 10 Years. 6.2.1 Security (Performance Guarantee): Delete the word “selected” and replace it with “stated”. The liability of the Performance Guarantee shall be as per the following table: Value of Contract (incl. VAT) 6.5.1.2.3 Performance Guarantee Required Less than or equal to R 1m Nil Greater than R 1m and less than or equal to R 10m 5% of the Contract Sum Greater than R 10m 10% of the Contract Sum The percentage allowance to cover overhead charges for daywork are as follows: • 80% of the gross remuneration of workmen and foremen actually engaged in the daywork; • 20% on the net cost of materials actually used in the completed work. No allowance will be made for work done, or for materials and equipment for which daywork rates have been quoted at tender stage. 6.8.2 Contract Price Adjustment Factor: The value of the certificates issued shall be adjusted in accordance with the Contract Price Adjustment Schedule (GCC 2015 - page 86) with the following Indices / Descriptions / Coefficients: • The proportion not subject to adjustment: x = 0.10. • The base month will be the month prior to the month in which tenders close. • The Index for, Plant, Materials, and Fuel shall be based on 2023 = 100. • The Index for Labour shall be based on 2024 = 100. C1: Agreements and Contract Data Page 62 Document Version 12/05/2025 Contract No: 1R-32862 STATS SA Statistical Release Table P0141 Table A Geographic Indices; CPI per Province; Kwa-Zulu Natal a = 0.28 • “P” is the • “Contractor’s Equipment Index” P0151.1 Table 4 Plant and Equipment b = 0.28 • “M” is the “Materials Index” P0151.1 Table 6 Civil Engineering Material (excluding bitumen) c = 0.38 • “F” is the “Fuel Index” P0142.1 Table 1 Coke, petroleum, chemical, rubber and plastic products; Coal and petroleum products; Diesel d = 0.06 • “L” is the “Labour Index” 6.8.3 Description Coefficient Price adjustments for variation in the cost of the special material(s) listed below, will be allowed. Bitumen - escalation will be calculated using the “Rise and Fall” method as determined by the Employer. The base price for bitumen on this contract shall be the ruling price of 50/70 grade bitumen based on the RUBIS Asphalt South Africa List Selling Price for Penetration Grade Bitumen, seven (7) days prior to the closing date of tenders. 6.10.1.5 The percentage advance on materials not yet built into the Permanent Works is 80%. The percentage advance on Plant not yet supplied to Site: Not Required 6.10.3 Retention Money: Delete the word “selected”. The percentage retention on the amounts due to the Contractor is 10%. The limit of “retention money” is 5% of the Contract Sum. Should the Contract Price exceed the Contract Sum then the limit of “retention money” is 5% of the Contract Price. Interest will not be paid on retention withheld by the Employer. 8.6.1.1.2 The value of Plant and materials supplied by the Employer to be included in the insurance sum: Not Required 8.6.1.1.3 The amount to cover professional fees for repairing damage and loss to be included in the insurance sum: Not Required 8.6.1.2 SASRIA Coupon Policy for Special Risks to be issued in joint names of Council and Contractor for the full value of the works (including VAT). 8.6.1.3 The limit of indemnity for liability insurance: R 10,000,000.00. 8.6.1.4 Ground Support Insurance: • Minimum amount for any one occurrence, unlimited as to the number of occurrences, against any claim for damages or loss caused by vibration and / or removal of lateral support: Not Required. • Maximum first excess: Nil 8.6.1.5 Furthermore, the insurance cover effected by the Contractor shall meet the following requirements: C1: Agreements and Contract Data Page 63 Document Version 12/05/2025 Contract No: 1R-32862 Third Party Insurance (Public Liability) • Minimum amount for any one occurrence, unlimited as to the number of occurrences, for the period of the contract, inclusive of the maintenance period: R 5,000,000.00. • Consequential loss to be covered by policy: Yes • Liability section of policy to be extended to cover blasting: Nil. • Maximum excess per claim or series of claims arising out of any one occurrence: R 10,000.00. Principal’s own surrounding Property Insurance • Minimum amount for any one occurrence unlimited as to the number of occurrences against any claim for damage which may occur to the Council’s own surrounding property: R 1,000,000.00. • Maximum first excess: R 10,000.00. Insurance of Works • Minimum amount for additional removal of debris (no damage): Nil • Minimum amount for temporary storage of materials off site, excluding Contractor’s own premises: Nil • Minimum amount for transit of materials to site: Nil. 8.6.5 Approval by Employer: At the end of the sub-clause, add the following paragraph: "Except where otherwise provided in the Special Conditions of Contract, the insurance cover effected by the Contractor in terms of this clause shall not carry a first loss amount greater than those set out below: Contract Price First Loss Less than R 100,000 R 5,000 R 100,000 to R 500,000 R 10,000 R 500,000 to R 1,000,000 R 20,000 R 1,000,000 to R 2,000,000 R 30,000 R 2,000,000 to R 4,000,000 R 40,000 Greater than R 4,000,000 R 50,000 The insurance policy shall contain a specific provision whereby cancellation of the policy prior to the end of the period referred to in Cause 8.2.1 cannot take place without the prior written approval of the Employer. ” 10.7.1 Failing ad-hoc adjudication, the determination of disputes shall be by arbitration. C1: Agreements and Contract Data Page 64 Document Version 12/05/2025 Contract No: 1R-32862 C1.2.2.2 1.1.1.9 DATA TO BE PROVIDED BY CONTRACTOR The legal name of Contractor is: ……………………………………………………………………………….……….……………… ……………………………………………………………………………….……….……………… ……………………………………………………………………………….……….……………… ……………………………………………………………………………….……….……………… 1.2.1.2 The Physical address of the Contractor is: ……………………………………………………………………………….……….……………… ……………………………………………………………………………….……….……………… ……………………………………………………………………………….……….……………… ……………………………………………………………………………….……….……………… The Postal address of the Contractor is: ……………………………………………………………………………….……….……………… ……………………………………………………………………………….……….……………… ……………………………………………………………………………….……….……………… ……………………………………………………………………………….……….……………… The contact numbers of the Contractor are: Telephone: ……………………………………………………………….……….……………… Fax: ……………………………………………………………….……….……………… The E-Mail address of the Contractor is: ……………………………………………………………………………….……….……………… C1: Agreements and Contract Data Page 65 Document Version 12/05/2025 Contract No: 1R-32862 C1.2.3 ADDITIONAL CONDITIONS OF CONTRACT C1.2.3.1 COMMUNITY LIAISON OFFICER The Ward Councillor(s) in whose ward(s) work is to be done will, collectively, identify a community liaison officer (CLO) for the project and make the person known to the Contractor within two days of being requested to do so. The Contractor will be required to enter a written contract with the CLO that specifies: • The hours of work and the wage rate of the CLO (200% of the Civil Engineering Industry minimum wage). • The duration of the appointment. • The duties to be undertaken by the CLO which could include: • Assisting in all respects relating to the recruitment of local labour. • Acting as a source of information for the community and councillors on issues related to the contract. • Keeping the Contractor advised on community issues and issues pertaining to local security. • Assisting in setting up any meetings or negotiations with affected parties. • Keeping a written record of any labour or community issue that may arise. • Any other duties that may be required by the Contractor. Responsibility for the identification of a pool of suitable labour shall rest with the CLO, although the Contractor shall have the right to choose from that pool. The Contractor shall have the right to determine the total number labourers required at any one time and this may vary during the contract. The Contractor shall have the right to replace labour that is not performing adequately. Should such occasion arise, it must be done in conjunction with the CLO. Payment: The CLO will be reimbursed from the PC Sum item in the Preliminary & General Section of the Bill of Quantities. C1.2.3.2 EMPLOYMENT OF LOCAL LABOUR It is a condition of contract that the contractor will be required to employ local labour as specified in eThekwini Council Policy “The use of CLOs and Local Labour”. The contractor will be required to ensure that a minimum of 50% of the labour force is made up of local labour. For the purposes of this contract, “Local labour” will be deemed to be any persons who reside within the eThekwini Municipality. The contractor will be required to provide proof of authenticity of local labour. Signed confirmation by the appointed CLO will suffice for this. No additional costs will be entertained due to this Particular Specification. The contractor will remain responsible for providing proper supervision of all labour and will be responsible for the quality of work produced. C1.2.3.3 SUB CONTRACTING It is a condition of contract that the contractor must allow for a minimum of 5% of the contract value (excluding PC Sum items and Fixed Cost allowances) to be subcontracted to contractors who are >51% owned by Black People. Proof of payment to the subcontractors will be required to verify that the minimum has been achieved. The penalty for not achieving the specified Sub-contracting will be 0.5% of the contract value (excluding PC Sum items and Fixed Cost allowances) for every 1% of sub-contracting not achieved. C2: Pricing Data Page 66 Document Version 12/05/2025 Contract No: 1R-32862 C1.2.3.4 FTE (Full Time Equivalent) EMPLOYMENT INFORMATION It is a condition of contract that the Contractor supplies the Employer’s Agent’s Representative with information in respect of the employment of all foremen, artisans and Labour (skilled and unskilled) employed to work on this contract. The information required is: • Initials (per ID doc) • Last Name (per ID doc) • ID Number • Disability (y / n) • Education Level • Category of Employment Level 1 Unknown Level 2 No Schooling Level 3 Grade 1-3 Level 4 Grade 4 Level 5 Grade 5-6 Level 6 Grade 7-8 Level 7 Grade 9 Level 8 Grade 10-11 Level 9 Grade 12 Level 10 Post Matric Category A: Employed as Local Labour for this contract only Category B: Temporarily employed by the Contractor Category C: Permanently employed by the Contractor In addition, the following information is required in respect of each person listed above, on a monthly basis: • Number of days worked during the month; • Daily wage rate; • Number of training days during the month. The information is to be forwarded in a format acceptable to the Employer’s Agent’s Representative, but preferably in the form of an emailed EXCEL file (an original file, to be used as a template, will be issued to the Contractor). Contractors without computer facilities will be required to submit a hard copy of the information in a format as agreed to between the Contractor and the Employer’s Agent’s Representative. In addition to the tax invoice, to be submitted by the Contractor with his monthly statement, mentioned in Clause 6.10.4 of GCC 2015, the Employer reserves the right to withhold payment until the monthly FTE information has been forwarded to the Employer’s Agent’s Representative. No additional payment for complying with the above will be made and the Contractor is to make allowance for complying through the time related P & G items (sum) under Part AA: Preliminaries, of the Bill of Quantities. C1.2.3.5 PERFORMANCE MONITORING OF SERVICE PROVIDERS [For contract awards over R10m] The Contractor shall be subjected to “Performance Monitoring” assessments in terms of the applicable Section (S.53) of the Employer’s Supply Chain Management Policy. Key Performance Indicators (KPIs) are specified in the C3: Scope of Works, or will be discussed and agreed with the Contractor before commencement of the contract. C1.2.3.6 EXCEPTED RISKS (Clause 8.3) Pursuant to Clause 8.3 of the Conditions of Contract (GCC 2015), the Employer shall not be liable for the payment of standing time costs as a result of the occurrence of any of the “Excepted Risks” as defined under Clause 8.3. However, the Employer shall reimburse the Contractor in respect of plant de-establishment and re-establishment costs as a result of “Excepted risks” when a written instruction to de-establish is issued to the Contractor. C2: Pricing Data Page 67 Document Version 12/05/2025 Contract No: 1R-32862 C2.1: PRICING ASSUMPTIONS / INSTRUCTIONS C2.1.1 GENERAL net in accordance with the Drawings, and no allowance has been made for waste. The Bill of Quantities forms part of the Contract Documents and must be read and priced in conjunction with all the other documents comprising the Contract Documents (refer to C.1.2 of the Tender Data). C2.1.2 PRICING INSTRUCTIONS AND DESCRIPTION OF ITEMS IN THE SCHEDULE Measurement and payment shall be in accordance with the relevant provisions of Clause C of each of the Standard Engineering Specifications referred to in the Scope of Work. The Preliminary and General items shall be measured in accordance with the provisions of C2.1.8. The descriptions of the items in the Bill of Quantities are for identification purposes only and comply generally with those in the Standard Engineering Specification. The validity of the contract will in no way be affected by differences between the quantities in the Bill of Quantities and the quantities finally certified for payment. C2.1.5 MONTHLY PAYMENTS Unless otherwise specified in the Specifications and Project Specifications, progress payments in Interim Certificates, referred to in Clause 6.10.1 of the General Conditions of Contract, in respect of "sum" items in the Bill of Quantities shall be by means of interim progress instalments assessed by the Employer’s Agent and based on the measure in which the work actually carried out relates to the extent of the work to be done by the Contractor. C2.1.4 PROVISIONAL SUMS / PRIME COST SUMS Part C of each Standard Engineering Specification, read together with the relevant clauses of the Scope of the works, set out what ancillary or associated work and activities are included in the rates for the operations specified. Should any requirements of the measurement and payment clause of the applicable Standard Engineering Specification, or the Scope of the works, conflict with the Bill of Quantities, the requirements of the Standard Engineering Specification or Scope of the work, as applicable, shall prevail. Where Provisional Sums or Prime Cost sums (PC Sum) are provided for items in the Bill of Quantities, payment for the work done under such items will be made in accordance with Clause 6.6 of the General Conditions of Contract. The Employer reserves the right, during the execution of the works, to adjust the stated amounts upwards or downwards according to the work actually done under the item, or the item may be omitted altogether, without affecting the validity of the Contract. C2.1.3 QUANTITIES REFLECTED IN THE SCHEDULE The Tenderer shall not under any circumstances whatsoever delete or amend any of the sums inserted in the "Amount" column of the Bill of Quantities and in the Summary of the Bill of Quantities unless ordered or authorized in writing by the Employer before closure of tenders. Any unauthorized changes made by the Tenderer to provisional items in the schedule, or to the provisional percentages and sums in the Summary of the Bill of Quantities, will be treated as arithmetical errors. The quantities given in the Bill of Quantities are estimates only, and subject to re-measuring during the execution of the work. The Contractor shall obtain the Employer’s Agent’s detailed instructions for all work before ordering any materials or executing work or making arrangements for it. The Works as finally completed in accordance with the Contract shall be measured and paid for as specified in the Bill of Quantities and in accordance with the General and Special Conditions of Contract, the Specifications and Project Specifications and the Drawings. Unless otherwise stated, items are measured C2: Pricing Data Page 68 C2.1.6 PRICING OF THE BILL OF QUANTITIES The prices and rates to be inserted by the Tenderer in the Bill of Quantities shall be the full inclusive prices to be paid by the Employer for the work described under Document Version 12/05/2025 Contract No: 1R-32862 the several items, and shall include full compensation for all costs and expenses that may be required in and for the completion and maintenance during the defects liability period of all the work described and as shown on the drawings as well as all overheads, profits, incidentals and the cost of all general risks, liabilities and obligations set forth or implied in the documents on which the Tender is based. Each item shall be priced and extended to the "Total" column by the Tenderer, with the exception of the items for which only rates are required (Rate Only), or items which already have Prime Cost or Provisional Sums affixed thereto. If the Contractor omits to price any items in the Bill of Quantities, then these items will be considered to have a nil rate or price. All items for which terminology such as "inclusive" or "not applicable" have been added by the Tenderer will be regarded as having a nil rate which shall be valid irrespective of any change in quantities during the execution of the Contract. All rates and amounts quoted in the Bill of Quantities shall be in Rands and Cents and shall include all levies and taxes (other than VAT). VAT will be added in the Summary of the Bill of Quantities. C2.1.7 “RATE ONLY” ITEMS The Tenderer shall fill in rates for all items where the words "Rate Only" appear in the "Total" column. "Rate Only" items have been included where: (a) an alternative item or material is contemplated; (b) variations of specified components in the make-up of a pay item may be expected; and (c) no work under the item is foreseen at tender stage but the possibility that such work may be required is not excluded. For “Rate Only” items no quantities are given in the "Quantity" column but the quoted rate shall apply in the event of work under this item being required. The Tenderer shall however note that in terms of the Tender Data the Tenderer may be asked to reconsider C2: Pricing Data Page 69 any such rates which the Employer may regard as unbalanced. C2.1.8 PRELIMINARY AND GENERAL The Preliminary and General Section is provided to cover the Contractor’s expenses incurred in complying with the requirements of the tender documents and consists of the following parts: • Part 0102: General Requirements and Provisions • Part 0103: Contractor’s Site Establishment • Part 0104: Facilities for Engineers • Part 0105: Accommodation of Traffic Fixed Charge Items: Each item should be priced separately and, subject to the Engineer certifying in terms of Clause 6.7 of the General Conditions of Contract that the work has been done, payment will be made as follows: (i) the total amount due when the certified value fixed charge items in this section is less than 5% of the net contract price; (ii) when the certified value of fixed charge items in this section is greater than 5% of the net contract price, payment will be limited to 5% of the net contract price. The remainder will be paid when the value of the work done under the contract, excluding the value of fixed charge items in this section, is greater than 50% of the net contract price, excluding the value of fixed charge items in this section. Time Related Items: Any Time Related items not priced shall be deemed to be covered by the prices of other items in the section. Payment of Time Related items in this section will be made throughout the contract period, the amount per month being the value of the item divided by the completion in months or, if specified in weeks, the equivalent number of months, in terms of Clause 5.5 of the General Conditions of Contract. The final monthly increment will only be paid upon the issue of a completion certificate. Document Version 12/05/2025 Contract No: 1R-32862 C2.2: BILL OF QUANTITIES The Bill of Quantities follows and comprises of 10 pages. The pages are numbered C2.2.1 to C2.2.10. C2: Pricing Data Page 70 Document Version 12/05/2025 Contract No: 1R-32862 PART C3: SCOPE OF WORK PAGE C3.1 PROJECT DESCRIPTION AND SCOPE OF CONTRACT 72 C3.2 PROJECT SPECIFICATIONS 73 PS.1 PS.2 PS.3 PS.4 PS.5 PS.6 PS.7 PS.8 PS.9 PS.10 C3.3 STANDARD SPECIFICATIONS C3.3.1 C3.3.2 C3.4 Listing of the Standard Specifications Amendments to the Standard Specifications 97 Part AH - OHSA 1993 Safety Specification (2014) Standard Environmental Management Plan for Civil Engineering Construction Works CONTRACT AND STANDARD DRAWINGS C3.5.1 C3.5.2 C3.6 82 PARTICULAR SPECIFICATIONS C3.4.1 C3.4.2 C3.5 Programme, Method of Work, and Accommodation of Traffic Services Watermains Sewers Stormwater Electrical Plant Telkom S.A. Limited / Neotel Plant CCTV Plant Management of the Environment Occupational Health and Safety Contract Drawings / Details Standard Drawings ANNEXURES C3: Scope of Work 98 99 Page 71 Document Version 12/05/2025 Contract No: 1R-32862 C3.1: PROJECT DESCRIPTION AND SCOPE OF CONTRACT C3.1.1 Description of Works This contract outlines the routine maintenance of all retaining walls within the eThekwini Metropolitan boundaries. A list of these walls will be provided upon appointment. The work to be carried out includes, among other things, the following: a) Preliminary and general requirements. b) Access scaffolding with work platforms fully protected with a shutter board. c) Accommodation of traffic. a. Rail – In accordance with the rail authority specification SPK7/1. b. Road deviations and appropriate signage. c. Accommodation of pedestrian and non-motorised traffic. d) Supply, preparations and application of non-shrink epoxy grout to concrete surface cracks. e) Clearing of overgrown vegetation, including, but not limited to, grubbing of trees and poisoning the roots with a herbicide such as Two-Step SC or similar approved, removal of refuse, litter, and sand present within the retaining wall structure to an approved tip site. f) Repair concrete spalling. g) Repair surfaces of reinforced wall structures. h) Removal and replacement of precast members and elements on retaining wall structures. i) Cleaning and painting of steel and concrete wall structures. j) Repair damaged guardrails as and when directed. k) Repair and restore damaged handrail systems to match retaining walls. l) Supply, install and compact earthworks adjacent to retaining walls. m) Replace damaged masonry blocks on the retaining wall structure. n) Repair and clean any drainage systems to the retaining walls. C3.1.2 Description of Site and Access The site is within the eThekwini Metropolitan boundaries. C3.1.3 Nature of Ground and Subsoil Conditions Refer to Item C4.2: Conditions on Site C3: Scope of Work Page 72 Document Version 12/05/2025 Contract No: 1R-32862 C3.2: PROJECT SPECIFICATION PREAMBLE In the event of any discrepancy between a part or parts of the Standard or Particular Specifications and the Project Specification, the Project Specification shall take precedence. In the event of a discrepancy between the Specifications, (including the Project Specifications) and the drawings and / or the Bill of Quantities, the discrepancy shall be resolved by the Employer’s Agent before the execution of the work under the relevant item. C3.2.1 GENERAL PS.1 PROGRAMME, METHOD OF WORK, AND ACCOMMODATION OF TRAFFIC This Clause is to be read in conjunction with the provisions and obligations as contained in SANS 1921-1 and SANS 1921-2. PS.1.1 Preliminary Programme The Contractor shall include with his tender a preliminary programme on the prescribed form (see T2.2: Preliminary Programme) to be completed by all Tenderers. The programme shall be in the form of a simplified bar chart with sufficient details to show clearly how the works will be performed within the time for completion as stated in the Contract Data. Tenderers may submit tenders for an alternative Time for Completion in addition to a tender based on the specified Time for Completion. Each such alternative tender shall include a preliminary programme similar to the programme above for the execution of the works, and shall motivate his proposal clearly by stating all the financial implications of the alternative completion time. The Contractor shall be deemed to have allowed fully in his tendered rates and prices as well as in his programme for all possible delays due to normal adverse weather conditions (refer to Clause 5.12.2.2) and special non-working days (refer to Clause 5.1.1.1) as specified in the in the Contract Data. PS.1.2 Programme in Terms of Clause 5.6 of the General Conditions of Contract It is essential that the construction programme, which shall conform in all respects to Clause 5.6 of the General Conditions of Contract, be furnished within the time stated in the Contract Data (refer to Clause 5.3.1/2). The preliminary programme to be submitted with the tender shall be used as basis for this programme. The Tenderer's attention is drawn to the fact that a number of factors will affect the programming of and method of carrying out the works. The more important of these are: (1) (2) (3) (4) C3: Scope of Work Time allowances to be made for the ordering of special items. Is work required out of normal hours? (eg. Removal of overhead structures). Vehicular access to private property is to be maintained. Traffic restrictions. Page 73 Document Version 12/05/2025 Contract No: 1R-32862 PS.1.3 PS.1.3.1 Requirements for Accommodation of Traffic General Accommodation of traffic, where applicable, shall comply with SANS 1921-2: 2004: Construction and Management Requirements for Works Contracts, Part 2: Accommodation of Traffic on Public Roads occupied by the Contractor and COTO (2020) DS: Part 0105 – Accommodation of traffic. The Contractor shall obtain this specification from Standards South Africa if accommodation of traffic will be involved on any part of the construction works. Clause 4.10.4 of SANS 1921-2: 2004 shall be replaced with the following: “Road signs and markings shall comply with the requirements of the “SADC Road Traffic Signs Manual - Volume 2: Roadworks Signing”. PS.1.3.2 Basic Requirements The travelling public shall have the right of way on public roads, and the Contractor shall make use of approved methods to control the movement of his equipment and vehicles so as not to constitute a hazard on the road. The Contractor shall ensure that all road signs, barricades, delineators, flagmen and speed controls are effective, and that courtesy is extended to the public at all times. Failure to maintain road signs, warning signs or flicker lights, etc, in a good condition shall constitute ample reason for the Employer’s Agent to suspend the work until the road signs, etc, have been repaired to his satisfaction. The Contractor may not commence constructional activities affecting existing roads before adequate provision has been made to accommodate traffic in accordance with the requirements of this document and the South African Road Traffic Signs Manual. The Contractor shall construct and maintain all temporary drainage works necessary for temporary deviations. The Contractor shall ensure that the existing property accesses are maintained at all times. Where necessary the Contractor shall make allowance in the rates for completing the work required to the accesses out of normal hours. PS.1.3.3 Traffic Safety Officer Where warranted by traffic conditions on or near the site, the Contractor shall nominate a suitable member of his staff as traffic safety officer to be responsible for the arrangement and maintenance of all the measures for the accommodation of traffic for the duration of the project. Duties of the traffic safety officer shall be in compliance with the Occupational Health and Safety Act 1993 and the Construction Regulations 2014. PS.1.3.4 Payment The Contractor’s tendered rates for the relevant items in the Bill of Quantities shall include full compensation for all possible additional costs which may arise from this, and no claims for extra payment due to inconvenience as a result of the modus operandi will be considered. C3: Scope of Work Page 74 Document Version 12/05/2025 Contract No: 1R-32862 PS.1.3.5 Pedestrian Movement The Contractor shall make provision for accommodating all pedestrian movements in the area of the works. Allowance shall be made in the relevant rates for any barricades and signs required. PS.1.3.6 Temporary Reinstatement Provided always that if in the course or for the purpose of the execution of the works or any part thereof any road or way shall have been broken up, then notwithstanding anything herein contained: PS.2 (a) if the permanent reinstatement of such road or way is to be carried out by the appropriate authority or by some person other than the contractor (or any subcontractor to him), the contractor shall at his own cost and independently of any requirement of or notice from the Engineer be responsible for the making good of any subsidence or shrinkage or other defect, imperfection or fault in the temporary reinstatement of such road or way, and for the execution of any necessary repair or amendment thereof from whatever cause the necessity arises, until the end of the period of maintenance in respect of works beneath such road or way until the authority or other person as aforesaid shall have taken possession of the site for the purpose of carrying out permanent reinstatement (whichever is the earlier), and shall indemnify and save harmless that Council against and from any damage or injury to the Council or to third parties arising out of or in consequence of any neglect or failure of the Contractor to comply with the foregoing obligations or any of them and against and from all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. (b) where the authority or person as aforesaid shall take possession of the site as aforesaid in sections or lengths, the responsibility of the contractor under paragraph (a) of this subclause shall cease in regard to any such section or length at the time possession thereof is so taken, but shall during the continuance of the said period of maintenance continue in regard to any length of which possession has not been taken and the indemnity given by the contractor under the said paragraph shall be construed and have effect accordingly. SERVICES This Clause is to be read in conjunction with the provisions and obligations as contained in SANS 1921-1 and SANS 1921-2. PS.2.1 Existing Services No work to existing services is envisaged for this contract. PS.2.2 Proving Underground Services This clause must be read in conjunction with Clause A2.1.3.2, the requirements of which shall be extended to cover all earthworks operations, whether for trenching or bulk earthworks, in the vicinity of underground services. It is stressed that all services in a particular area must be proven before commencing work in that area. C3: Scope of Work Page 75 Document Version 12/05/2025 Contract No: 1R-32862 Insofar as bulk earthworks are concerned, where services are indicated on the drawings or where from site observations can reasonably be expected that such services are likely to exist where excavations are to take place, the Contractor shall without instructions from the Employer’s Agent carefully excavate by hand to expose and prove their positions. The cost of the proving trenches is to be included in the work covered by Clause C2.1.2. When a service is not located in its expected position the Contractor shall immediately report such circumstances to the Employer’s Agent who will decide what further searching or other necessary action is to be carried out and shall instruct the Contractor accordingly. The cost of this additional searching shall be to the Council's cost and shall be paid for under C2.1.2 – Existing services location, detection, and verification. Should any service be damaged by the Contractor in carrying out the works and should it be found that the procedure as laid down in this clause has not been followed then all costs in connection with the repair of the service will be to the Contractor's account. When electrical cables are not in the positions shown on drawings of eThekwini Electricity and cannot be found after proving trenches have been put down, assistance may be obtained by calling an official of the Works Branch on Telephone No. 311-1111 during office hours, or by contacting Control on Telephone No. 305-7171 after hours. It should be noted that 33,000 Volt and 132,000 Volt cables may only be exposed by the eThekwini Electricity’s personnel. The cables are usually protected by concrete covering slabs, and therefore if the slabs are inadvertently exposed, excavation work must stop, and the eThekwini Electricity shall be contacted immediately on the above telephone numbers. Proving of services shall be completed at least two weeks in advance of the actual programmed date for commencing work in the area. The position of these services located must be coordinated and levelled by the Contractor, and the information given in writing to the Employer's Agent’s Representative. The requirements of this clause do not relieve the Contractor of any obligations as detailed in the Conditions of Contract or under Clause 4.17 of SANS 1921-1. PS.2.3 New Services and Relocation of Existing This clause shall be read in conjunction with Clause PS.1. New services are either to be installed by the Contractor as part of the contract or by others during the contract period. In the latter case excavation and subsequent backfilling of the trench from the top of the bedding layer shall generally be carried out by the Contractor. Relocation of services shall generally be carried out by the relevant services organisation. Generally their work shall include the excavating and bedding the service which will include backfilling to a depth of approximately 300 mm above the service. The remainder of the backfilling shall be carried out by the Contractor. Generally work shall only commence on the installation of new services once the bulk earthworks have been completed and roughly trimmed to level along a substantial portion of the services route. In addition no sidewalk, verge, median or island shall be surfaced or topsoiled until all work C3: Scope of Work Page 76 Document Version 12/05/2025 Contract No: 1R-32862 on the services has been completed. Services affected by the contract are described as follows: • PS.3: Watermains; • PS.4: Sewers; • PS.5: Stormwater; • PS.6: Electrical Cables / Lighting; • PS.7: Telkom / Neotel; • PS.8: CCTV; Further to the above, Tenderers are referred to the services drawing and are to note that several minor cables / pipes may be encountered during excavation works which may require to be relocated to some extent. It is anticipated that the two week period required under PS.2.2 will allow sufficient time for these relocations. PS.2.4 Accommodation of Services Further to Clauses PS.1 and PS.2 of this specification, Tenderers are to note that allowance must be made under this item and / or the appropriate rates, for all costs incurred as a result of complying with these clauses. It shall also cover liaison with the services organisations and accommodation of their work gangs / contractors on site. PS.3 WATERMAINS PS.3.1 General No work on water mains is envisaged for this contract. PS.3.2 Water Main Valve Access Due to the dangerous situation occurring when water main valves are covered over, the Contractor shall maintain access to all water main valves at all times. During asphalt layer work, after each pass by the paving machine, the valves shall be exposed and access maintained in a safe condition. Whatever method the Contractor chooses to use for this work, the cost of raising the valves from existing level to ultimate level shall be paid only once, irrespective of the number of times the valve is uncovered. Spacer rings required for the height adjustment of valve covers shall be supplied by the Water and Sanitation Unit. Tolerances on valve cover levels shall be as specified in clause PH.6.5. Before final setting in position of valve covers the Contractor shall liaise with the Employer’s Agent regarding the direction in which covers shall be placed. PS.3.3 Restriction on Compaction Equipment The Contractor is to note that existing watermains traverse the site of the works and special care is to be taken in close proximity to these mains and connections. The existing mains and connections shall be proved on site by the Contractor prior to any construction work commencing in the vicinity of the watermains. Under no circumstances will heavy road-making equipment, other heavy plant or vibratory C3: Scope of Work Page 77 Document Version 12/05/2025 Contract No: 1R-32862 compaction equipment be permitted to operate within 800 mm vertically or horizontally of the existing mains or connections. The permissible compaction plant within this restricted area shall be the equivalent of a "Bomag 90" under static compaction, or similar approved plant. When the roadworks are far enough advanced to provide a minimum of 800 mm cover to the existing mains, the above restriction will fall away. The Contractor is to take cognisance of the above requirements when entering rates in the Bill of Quantities and in the programming of the works. No claim for additional payment based on the inability to use plant as a result of the requirements of this clause will be accepted. The Contractor will be held liable for any costs should the watermain or electrical cables be damaged during construction of the road. PS.4 SEWERS No work on sewers is envisaged. PS.4.1 Blockage of Foul Water Sewers The Contractor shall be responsible for ensuring that cementitious sludge, sand and rubble from the works do not enter the foul water reticulation system. The Contractor shall be liable for any costs incurred by the Council or others as a result of blockages in the reticulation system attributed to failure to comply with the above requirement. PS.5 STORMWATER No work on stormwater is envisaged; however, the Contractor shall make allowance for such works to be performed should they be required. PS.5.1 Blockage Stormwater Sewers The Contractor shall be responsible for ensuring that cementitious sludge, sand and rubble from the works do not enter the stormwater reticulation system. The Contractor shall be liable for any costs incurred by the Council or others as a result of blockages in the reticulation system attributed to failure to comply with the above requirement. PS.6 ELECTRICAL PLANT No work to electric plant is envisaged. PS.6.1 General Various types of electrical cables including high voltage, low voltage, street lighting and domestic connection cables are affected by the contract. The laying, relocation and jointing of all cables will be carried out by eThekwini Electricity’s work gangs, or agents appointed by them, whilst the excavation and backfilling forms part of this contract. Close liaison will therefore be necessary with eThekwini Electricity throughout the contract. PS.6.4 Relocation of Existing Services C3: Scope of Work Page 78 Document Version 12/05/2025 Contract No: 1R-32862 Should it be necessary to adjust the line, level and / or position of any service not catered for in the contract to enable the construction to proceed the Contractor shall on no account effect such adjustment himself but shall notify the Engineer who will arrange for the work to be carried out at no cost to the Contractor. PS.7 TELKOM S.A. LIMITED / NEOTEL PLANT No work to Telkom / Neotel Plant is envisaged, but the Tenderer’s attention is drawn to the fact that Telkom / Neotel copper cables and fibre optic cables exist in the contract area. PS.8 CCTV PLANT No work to CCTV Plant is envisaged, but the Tenderer’s attention is drawn to the fact that CCTV cables and fibre optic cables exist in the contract area. PS.9 MANAGEMENT OF THE ENVIRONMENT The Contractor shall pay special attention to the following: PS.9.1 Natural Vegetation The Contractor shall confine his operation to as small an area of the site as may be practical for the purpose of constructing the works. Only those trees and shrubs directly affected by the works and such others as the Employer’s Agent may direct in writing shall be cut down and stumped. The natural vegetation, grassing and other plants shall not be disturbed other than in areas where it is essential for the execution of the work or where directed by the Engineer. PS.9.2 Fires The Contractor shall comply with the statutory and local fire regulations. He shall also take all necessary precautions to prevent any fires. In the event of fire the Contractor shall take active steps to limit and extinguish the fire and shall accept full responsibility for damages and claims resulting from such fires which may have been caused by him or his employees. PS.9.3 Environmental Management Plan In addition to the above, all requirements according to the Environmental Management Plan as detailed in C3.4: Particular Specifications, will be adhered to. PS.10 OCCUPATIONAL HEALTH AND SAFETY PS.10.1 General Statement When considering the safety on site the Contractor's attention is drawn to the following: It is a requirement of this contract that the Contractor shall provide a safe and healthy working environment and to direct all his activities in such a manner that his employees and any other persons, who may be directly affected by his activities, are not exposed to hazards to their health and safety. To this end the Contractor shall assume full responsibility to conform to all the C3: Scope of Work Page 79 Document Version 12/05/2025 Contract No: 1R-32862 provisions of the Occupational Health and Safety Act No 85 and Amendment Act No 181 of 1993, and the OHSA 1993 Construction Regulations 2014 issued on 7 February 2014 by the Department of Labour. For the purpose of this contract the Contractor is required to confirm his status as mandatory and employer in his own right for the execution of the contract by entering into an agreement with the Employer in terms of Section 37(2) of the Occupational Health and Safety Act. PS.10.2 Health and Safety Specifications and Plans to be submitted at tender stage PS.10.2.1 Employer's Health and Safety Specification The Employer's Health and Safety Specification is included in C3.4: Particular Specifications. PS.10.2.2 Tenderer's Health and Safety Plan At tender stage only a brief overview of the Tenderer’s perception on the safety requirements for this contract will be adequate. This will be attached to T2.2: Contractor’s Health and Safety Plan. Only the successful Tenderer shall submit a separate Health and Safety Plan as required in terms of Regulation 7 of the Occupational Health and Safety Act 1993 Construction Regulations 2014, and referred to in T2.2: Contractor’s Health and Safety Plan. The detailed safety plan will take into consideration the site specific risks as mentioned under PS.10.1 and must cover at least the following: (i) (ii) (iii) (iv) (v) (vi) (vii) A proper risk assessment of the works, risk items, work methods and procedures in terms of Regulations 9 to 29; Pro-active identification of potential hazards and unsafe working conditions; Provision of a safe working environment and equipment; Statements of methods to ensure the health and safety of subcontractors, employees and visitors to the site, including safety training in hazards and risk areas (Regulation 7); Monitoring health and safety on the site of works on a regular basis, and keeping of records and registers as provided for in the Construction Regulations; Details of the Construction Supervisor, the Construction Safety Officers and other competent persons he intends to appoint for the construction works in terms of Regulation 8 and other applicable regulations; and Details of methods to ensure that his Health and Safety Plan is carried out effectively in accordance with the Construction Regulations 2014. The Contractor's Health and Safety Plan will be subject to approval by the Employer, or amendment if necessary, before commencement of construction work. The Contractor will not be allowed to commence work, or his work will be suspended if he had already commenced work, before he has obtained the Employer's written approval of his Health and Safety Plan. Time lost due to delayed commencement or suspension of the work as a result of the Contractor's failure to obtain approval for his safety plan, shall not be used as a reason to claim for extension of time or standing time and related costs A generic plan will not be acceptable. C3: Scope of Work Page 80 Document Version 12/05/2025 Contract No: 1R-32862 PS.10.3 Cost of compliance with the OHSA Construction Regulations The rates and prices tendered by the Contractor shall be deemed to include all costs for conforming to the requirements of the Act, the Construction Regulations and the Employer's Health and Safety Specification as applicable to this contract. Should the Contractor fail to comply with the provisions of the Construction Regulations, he will be liable for penalties as provided in the Construction Regulations and in the Employer's Health and Safety Specification. Items that may qualify for remuneration will be specified in the Employer’s Health and Safety Specification. PS.11 SITE SECURITY The Contractor shall, for the duration of the contract, provide sufficient security and watchmen to adequately ensure the safety and protection of the works, the Contractor’s staff, including local labour and subcontractors, and all site plant and construction equipment required for the works. Site Security, in conjunction with the SAPS (where necessary), shall be responsible for removal of disruptive elements, that may interrupt the progress of the contract through acts such as, but not limited to, intimidation, threats of disruption, violent disruption, or criminal and illegal activity by the local community or independent organisations or entities that may result in slowing down or partial or total stoppage of the works. The Contractor is to take note of the prevailing security rate in the rate area, together with the allowable PSIRA rates for security when pricing this item. The process of negotiation will not be deemed as work stoppage. Payment for this item shall be made under Section 1, Part 0102 of the Bill of Quantities. PS.12 PERFORMANCE MONITORING OF SERVICE PROVIDERS The performance of service providers that have been selected to provide assistance in the provision of a municipal service, otherwise than in circumstances where Chapter 8 of the Municipal Systems Act applies, is required, by Section 116 of the Municipal Finance Management Act, to be monitored and reported on (see Cl.53 of the SCM Policy). Appropriate key performance indicators (KPIs) for the contract must be set by the Municipality as a yardstick for measuring performance. The following KPIs will be applicable to this contract: (a) Adherence to contractual timeframes (b) Adherence to specifications and quality control (c) Compliance with instructions and site management (d) OHS matters and environmental management. C3: Scope of Work Page 81 Document Version 12/05/2025 Contract No: 1R-32862 C3.3: STANDARD SPECIFICATIONS C3.3.1 The Specifications on which this contract is based are the Committee of Transport Officials (COTO) (Standard for Engineering specifications for road and bridgeworks for South African road Authorities – Draft Standard), hereafter referred to as the Standard Engineering Specifications. This document is obtainable separately, and Tenderers shall obtain their own copies of the applicable Sections. Part 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 2000 C3: Scope of Work Description General Services Drainage Earthworks and Pavement Layers: Material Earthworks and Pavement Layers: Construction Concrete Layers Maintenance and Repair of Concrete Layers Pre-treatment and Repair of Existing Layers Asphalt Layers Surface Treatments Ancillary Road Works Geotechnical Applications Structures Repair and Rehabilitation of Structures Quality Assurance Page 82 Date of Issue October 2020 October 2020 October 2020 October 2020 October 2020 October 2020 October 2020 October 2020 October 2020 October 2020 October 2020 October 2020 October 2020 October 2020 October 2020 Document Version 12/05/2025 Contract No: 1R-32862 C3.3.2 AMENDMENTS TO THE STANDARD SPECIFICATIONS INTRODUCTION In certain clauses the standard, standardized and particular specifications allow a choice to be specified in the project specifications between alternative materials or methods of construction and for additional requirements to be specified to suit a particular contract. Details of such alternative or additional requirements applicable to this contract are contained in this part of the project specifications. It also contains additional specifications required for this particular contract. The number of each clause and each payment item in this part of the project specifications consists of the prefix PS followed by a number corresponding to the number of the relevant clause or payment item in the standard specifications. The number of a new clause or payment item, which does not form part of a clause or a payment item in the standard specifications and which is included here, is also prefixed by PS, but followed by a new number which follows on the last clause or item number used in the relevant section of the standard specifications. PS C1 General PS C2 Services PS C3 Drainage PS C4 Earthworks and Pavement Layers: Material PS C5 Earthworks and Pavement Layers: Construction PS C6 Concrete Layers PS C7 Maintenance and Repair of Concrete Layers PS C8 Pre-treatment and Repair to Existing Layers PS C9 Asphalt Layers PS C10 Surface Treatments PS C11 Ancillary Roadworks PS C12 Geotechnical Applications PS C13 Structures PS C14 Maintenance and Repair of Structures PS C20 Quality Assurance C3: Scope of Work Page 83 Document Version 12/05/2025 Contract No: 1R-32862 PS C1 GENERAL INDEX PS.C1.1 GENERAL PREAMBLE PS.C1.2 GENERAL REQUIREMENTS AND PROVISIONS PS.C1.2.2.1 SUBMISSION OF A SCHEME 1 PROGRAMME PS.C1.2.2.2 REVIEWING AND UPDATING A SHCEME 1 PROGRAMME PS.C1.2.2.6 PREPARATION AND SUBMISSION OF INFORMATION AND REPORTS PS.C1.2.4 STAKEHOLDER LIAISON PS.C1.3 CONTRACTOR’S SITE ESTABLISHMENT AND GENERAL OBLIGATIONS PS.C1.3.1 THE CONTRACTOR’S GENERAL OBLIGATIONS PS.C1.5 ACCOMODATION OF TRAFFIC PS.C1.7 LOADING AND HAULING PS.C1.7.2.2 HAULING MATERIAL TO SPOIL PS.C1.1 GENERAL PREAMBLE Supply of plant, material and labour Except where otherwise specified the Contractor shall at his own expense supply and provide all the construction plant, temporary works, materials for both temporary and permanent works, labour (including supervision thereof), transport to and from the site and in and about the works and other things of every kind required for the construction, completion and where specified, maintenance of the works. The contractor shall also make his own arrangements with the proper authorities and at his own cost for the supply of water, electricity and any other services he may require for the construction and completion of the works. PS.C1.2.2 PROGRAMMING AND REPORTING PS.C1.2.2.1 SUBMISSION OF A SCHEME 1 PROGRAMME Add the following paragraph to Clause A1.2.7.1(b): The Contractor shall, on written instruction, provide the Engineer with a programme of works for specific projects that may arise within the contract duration. PS.C1.2.2.2 REVIEWING AND UPDATING A SHCEME 1 PROGRAMME Refer to COTO Specifications, Clause A1.2.7.1(d) – ‘Updating and revising the programme.’ Only specified works and projects require monthly submissions of an updated programme at the end of every month. PS.C1.2.2.6 PREPARATION AND SUBMISSION OF INFORMATION AND REPORTS Add the following paragraph to clause A1.2.3.9 ‘Monthly reports.’ The Contractor shall submit monthly a progress report regarding Contractor Participation Goals (CPG) and a report on Full Time Equivalent Employment Information (FTE) as required by clause C.1.2.3.3 and C.1.2.3.4 of the Contract documentation. The Contractor shall submit monthly contract consumables such as progress photos, GIS Maps and Printing or as and when requested by the Engineer. A provisional sum has been included in the BoQ for preparations of contract consumables and submissions thereof. C3: Scope of Work Page 84 Document Version 12/05/2025 Contract No: 1R-32862 Ps.C1.2.4 STAKEHOLDER LIAISON Refer to COTO Specifications, Part A1.2.3.18 – ‘Stakeholder Liaison.’ The stakeholder liaison shall be taken as the Project Manager/Engineer or otherwise specified during the Contract duration. Where new construction works are expected to be executed within certain ward(s), the ward Councillor(s) shall identify a Community Liaison Officer in accordance with clause C.1.2.3.1 of this document. MEASUREMENT AND PAYMENT The unit of measurement shall be part PC Sum that the service is provided during the approved contract period. PS.C1.3 CONTRACTOR’S SITE ESTABLISHMENT AND GENERAL OBLIGATIONS PS.C1.3.1 THE CONTRACTOR’S GENERAL OBLIGATIONS In addition to the Standard Specification, the Contractors General Obligations shall also include: • Training and supervision of local labour • Management of labour where labour enhance construction methods are specified • Compliance with, and application of the Compensation for Occupational Injuries and Diseases Act • The Contractor’s camp site and store yard. NOTE: The Contractor’s office for this contract shall be as and when required to fulfil his obligations under the Contract. The Contractor is responsible to provide a suitable site for his camp and to provide accommodation for his personnel and labourers. The Employer has not made a site available to the contractor. If the Employer can make any specific site available to the Contractor, such site will be pointed out to the Contractor. However, the Contractor may, if he prefers to, have a camp site at another location and must first obtain the written permission of the landowner, and subsequently the Engineer, to do so. Any clearing of the site that is necessary and the making good after de-establishment will be the responsibility of the Contractor. The following conditions shall also apply: • None of the existing roads shall be damaged in any way. Should the road withstand any damage attributable to the Contractor’s activities on site, the Contractor shall make good any damage caused at his own cost. • It shall be the responsibility of the Contractor to make good any damage caused to the camp site area or any improvements on it, including services, and for reinstating it to its former condition when vacated. The standard of reinstatement must be to the satisfaction of the Engineer; Deputy Head: Real Estate and/or Deputy Head of Parks, Recreation and Beaches Department; or other owner. Particular attention should be directed to these requirements and written clearances from the relevant Departments or other owners will be required. PS.C1.5 a) ACCOMODATION OF TRAFFIC No allowance has been made in the Bill of Quantities for deviations other than for the deviations mentioned in clause PS 1.3.1. Costs of any other deviations required by the Contractor shall be included in the rates tendered. The other deviations required by the contractor shall be of Type A, unless otherwise stated by the Employers Agent. C3: Scope of Work Page 85 Document Version 12/05/2025 Contract No: 1R-32862 b) Deviations required by the Contractor shall comply with the requirements of COTO 1.5. Details shall be submitted to the Employers Agent for approval at least four weeks in advance of date on which it is anticipated that work on the deviation will commence. On deviations provided in terms of (b) above the Contractor shall ensure at all times and during all weather conditions that all temporary surfaces that are intended to carry traffic are in fact trafficable with regard to reasonable standards of safety and comfort. No additional payment shall be made to the Contractor for compliance with this clause. d) Unless indicated otherwise over the entire length and for the duration of the contract, traffic is required to be accommodated in both directions at all times. The Contractor shall ensure that the full width of the road, or a width of road approved by the Employers Agent, is available for traffic during the peak traffic periods (i.e. 07:00 - 09:00 and 16:00 to 18:00). c) PS.C1.7 LOADING AND HAULING The Contractor shall make his own arrangements for the provision of a suitable approved dumping site off the site for the disposal of material obtained from excavations, demolition, clearing and grubbing, and rock cuttings. The rates in the Bill of Quantities are to include all costs of fees payable to cover the disposal of waste material at the dumping site. PS.C1.7.2.2 HAULING MATERIAL TO SPOIL Approved tip Site The approved tip site is the Municipal refuse landfill. The Contractor will be permitted to offload spoil at any of the Municipal landfill sites provided the following requirements will have been fulfilled. 1. The Contractor shall have obtained a complete and signed authorisation form granting him/her permission to use such spoil sites. 2. Each vehicle shall have received such authorisation to be presented to the Landfill official upon entry. The Contractor shall obtain a new authorisation for every day they intend to dispose of the material. Any charges levied for dumping as a result of non-compliance with the above requirements will be for the Contractor’s account. The Contractor may choose to use other land as a tip site provided that a prior written approval of both the Engineer and Landlord/owner has been received. The Contractor may be called upon to prove when spoil is being dumped. Weighbridge slips will be the only acceptable proof in the case of the Municipal refuse dump. C3: Scope of Work Page 86 Document Version 12/05/2025 Contract No: 1R-32862 PS C12 GEOTECHNICAL APPLICATIONS INDEX PS.C12.3 PS.C12.3.20 PS.C12.6 PS.C12.6.12.2 PS.C12.6.16 PS.C12.6.17 GROUND IMPROVEMENTS DUMPROCK MECHANICALLY STABILISED EARTHWALLS TERRACE BLOCK RETAINING WALL GABION BASKETS GEOTEXTILE PS.C12.3 GROUND IMPROVEMENTS PS.C12.3.20 DUMPROCK The dumprock shall consist of fresh to slightly weathered upgraded waste rock from mining activities, blasting or rock excavation. Shales, slates or other laminated mudrocks shall not be accepted. Dumprock shall have a minimum size not more than two-thirds of the compacted thickness of the layer. The rock shall otherwise be upgraded but shall contain less than 10% passing the 37,5 mm sieve when spread on site. Dumprock shall have a minimum 10% FACT value of 100 kN when dry and 40 kN when tested drained after 24 hours soaking. Dumprock shall be spread and levelled such that when compacted it is at the specified thickness and levels. When the correct road profile has been attained the dumprock layer shall be rolled 5 passes of a 10/12 ton static three wheel steel roller or equivalent vibrating roller. Dry, fine material (13,2 mm down) with a Plastic Index of between 0 and 7 shall then be applied in a blanket over the full width of the layer. With hand labour following the roller, the fine material shall be rolled and broomed into the voids of the stone. This procedure shall be repeated until the stone layer will accept no further fines. Compaction of the layer shall continue until movement of the material under the compactor becomes negligible or for a maximum of 10 passes of the roller whichever occurs first. The completed dumprock layer shall be measured in cubic metre (m³). The rate shall cover the supply, loading, transporting, dumping, spreading of all materials and all processing of the layer and proof rolling, all as detailed. PS.C12.6 MECHANICALLY STABILISED EARTHWALLS PS.C12.6.12.2 TERRACE BLOCK RETAINING WALL The Contractor shall repair and replace all damaged and missing masonry blocks that matches the existing masonry blocks and the bond must be the same as the existing. Construction Lay the first course of blocks at 300mm spacing on level or angled base. Use a unique patented slider system that easily fits on the spacing between the blocks. Interlocking blocks of the second course shall be centrally stacked to span between the two blocks of the lower course. The blocks shall be levelled with a straight edge spirit level. Long stretches of walling system, the Contractor shall use a fish line around the outermost blocks and the rest of the blocks shall be matched against this line. All loose soil behind the wall shall be hand compacted and wetted row by row to mitigate settlement issues at a later stage. The measurement for this item shall be the square meter of TB500 blocks installed, repaired or replaced. The Contractor’s rate to include for the procurement, loading, unloading, and installing TB500 blocks. C3: Scope of Work Page 87 Document Version 12/05/2025 Contract No: 1R-32862 PS.C12.6.16 GABION BASKETS Wire All wire used for fabrication of the mesh and the lacing, bracing and connecting of cages shall be mild steel conforming to S.A.B.S. 675 with a Class A zinc coating or equivalent and, in additions, shall be plastic coated. The zinc coating shall have a mass per unit area at least equal to the value tabulated below. Table 1: Minimum mass of zinc coating Nominal Diameter of wire Over mm Up to and including mm Minimum Mass of Zinc Coating per Unit Area g/m2 1,8 2.24 240 1,8 2.72 260 2.72 3.55 275 The plastic coating shall be of grey or black polyvinyl chloride applied by an extrusion process with a nominal thickness of at least 0,50 mm and a thickness at no point of less than 0,45 mm. After the weaving and binding operations, it shall be capable of resisting without cracking the deleterious effects of exposure to intermittent water spraying and continuous light when tested for a period of not less than 3 000 hours in accordance with the latest approved A.S.T.M. Standards G23-81 and D1499-64. It shall satisfy the tests for bonding to the wire core, salt corrosion and creeping corrosion as specified in clause 7.5 of S.A.B.S. 1 200 DK. Mesh The wire shall be machine woven into an hexagonal mesh, the joints being formed by twisting each pair of wires through not less than one and a half turns. Woven Cages The gabion mesh shall be supplied cut, selvedged and ready for folding into a rectangular cage complete with lid, and panels, and diaphragms dividing the cage into compartments. All panel edges which are required to be laced on site shall be selvedged. Selvedge wires shall be woven integrally with the mesh, except at cut ends where they shall be tightly bound to the cut wire. Sufficient plastic-coated galvanised wire for lacing, bracing and connecting shall be supplied with the gabion cages to complete all the wiring operations that are necessary for the assembly and installation of the cages. Rockfill The rock fill shall consist of clean, hard unweathered rock fragments free from fissures and flaking and shall be placed in gabions by hand. Dimensions of Gabions with Rockfill The dimensions of the wire, mesh and rock filling shall be as shown in Table 2: Dimensions of Gabions and Rock Fill. C3: Scope of Work Page 88 Document Version 12/05/2025 Contract No: 1R-32862 Table 2: Dimensions of Gabions and Rock Fill Gabion Description Depth Type mm Mattress 230 300 Box 500 1000 Wire mesh Woven Rockfill Largest Dimensions Min. Max. mm mm Minimum Nominal Diameter of ZincCoated Steel wire Mesh Selvedge Lacing Bracing mm mm mm mm Diaphragm Mean Spacing b mm 1 mm 600 60 80 75 150 2.0 2.4 2.0 2.0 600 60 80 75 150 2.0 2.4 2.0 2.0 600 80 100 100 150 2.2 2.7 1000 80 100 100 150 2.4 3.0 2.0 2.0 1000 100 120 150 225 2.4 3.0 2.0 2.0 1000 80 100 100 150 2.4 3.0 2.0 2.0 1000 100 120 150 225 2.7 3.4 2.0 2.0 NOTES: (a) b - a nominal dimension measured between the centres of the parallel twisted sides of the hexagon. (b) 1 - a nominal dimension measured at right angles to "b" between the ends of the in-line twists. (c) The minimum dimension of rock fill shall be such that no rock shall pass through a ring of diameter 10% greater than b while the maximum largest dimension shall be as shown in the table above. Measurement and Payment The unit of measurement shall be the cubic metre of the rock-filled boxes or mattresses and the quantity shall be calculated from the dimensions of the gabions indicated on the drawings irrespective of any accepted deformation or bulging of the completed gabions. Gabions boxes and mattresses shall be measured to the nearest specified size. The tendered rates shall include full compensation for supplying all the materials, including rock fill, wiremesh boxes, galvanizing, PVC-coating, tying and connecting wires, loading, transporting and offloading, the assembling and filling of the boxes, disposal of waste, and any other work necessary for constructing the gabions. Placing of rock by dumping shall not be allowed and the tendered rates shall also include full compensation for placing rock by means of hand labour. PS.C12.6.17 GEOTEXTILES The synthetic fibres of a geotextile blanket shall consist of at least 100% by mass of polypropylene, polyethylene or a polyester polymer and shall contain such additives as are necessary to render the filaments resistant to the effects of ultraviolet radiation in accordance with the following requirement: The geotextile shall retain 80% of its specified strength after an effective exposure period of 1500 hours to direct sunlight. The grade of geotextile shall conform to Table 1 of SABS 0221-1988: Table 3: Grades of geotextiles 1 Property Thickness Mass per unit area (g/m2 Penetration load (kN) Tensile strength (kN/m) Permeability (1/s.m2) High flow Low flow C3: Scope of Work 2 3 1 2 100 1.0 6 200 - 100 1.0 6 7 8 9 Grades 3 4 5 6 7 8 Minmum value As specified by manufacturer 140 140 200 200 240 240 1.5 1.5 2.5 2.5 3.0 3.0 10 10 13 13 18 18 25 170 - Page 89 4 5 20 6 130 - 15 80 - 10 10 11 9 10 300 4.0 25 300 5.0 30 40 - 5 Document Version 12/05/2025 Contract No: 1R-32862 PS C13 CONCRETE INDEX PS.C13.2 PS.C13.4 PS.C13.4.1 PS.C13.4.9 FALSEWORK, FORMWORK AND CONCRETE FINISH CONCRETE CAST INSITU CONCRETE PRECAST CONCRETE PS.C13.2 FALSEWORK, FORMWORK AND CONCRETE FINISH Falsework and Formwork All formwork surfaces in contact with proprietary concrete repairs shall have received treatment with a suitable mould release agent. The formwork surfaces shall match the existing surfaces and textures as close as is practically possible. Concrete Finish The following finishes as specified in the Standard Engineering Specifications Clause A13.2.7.2, shall apply to formed pre-cast and cast in-situ concrete surfaces. 1. Class F1 surface finish After repair work has been done to surface defects in accordance with Clause A13.2.7.4, no further treatment of the as-stripped finish will be required. This finish is required on concealed formed surfaces. 2. Class F2 surface finish This finish shall be equivalent to that obtained from the use of square-edged timber panels and boards wrought to the correct thickness, or shutter boards or steel forms arranged in a regular pattern. This finish is intended to be left as struck but surface defects shall be remedied in accordance with Clause A13.2.7.4. Although minor surface blemishes and slight discolourations will be permitted, large blemishes and severe stains and discolouration shall be repaired where so directed by the Engineer. 3. Class F3 surface finish This finish shall be that obtained by first producing a class F2 surface finish with joint marks which form an approved regular pattern to fit in with the appearance of the structure. All projections shall then be removed, irregularities repaired and the surface rubbed or treated to form a smooth finish of uniform texture, appearance and colour This surface finish is required on all exposed formed surfaces unless a class F2 finish is specified. Unless specified to the contrary, steel forms may be used to form surfaces with a class F3 surface finish. The use of steel forms shall be permitted to form surfaces for which Class F3 surface finish has been specified, provided that only undamaged forms shall be used for such work and that the forms shall be subject to the approval of the Engineer. 4. Board surface finish This finish shall be that obtained by using tongue-and-groove timber boarding arranged in an approved regular pattern. The finish is intended to be left as struck but surface defects shall be remedied in accordance with Clause A13.2.7.4 and large fins trimmed where directed by the Engineer. C3: Scope of Work Page 90 Document Version 12/05/2025 Contract No: 1R-32862 PS.C13.4 CONCRETE PS.C13.4.1 CAST INSITU CONCRETE No concrete is to be placed in the formwork until the section receiving concrete has been inspected and approved by the Engineer. The complete upper surface of the existing concrete shall be thoroughly scabbled to expose sound aggregates. All dust and debris shall be cleaned and removed from the scabbled surface. PS.C13.4.9 PRECAST CONCRETE Precast concrete shall be of Class C28/35-20 concrete. Precast members shall have a minimum strength of 25MPa before handling. The Contractor shall submit test results for precast concrete strengths at 7 and 28 days. C3: Scope of Work Page 91 Document Version 12/05/2025 Contract No: 1R-32862 PS C14 REPAIR AND REHABILITATION OF STRUCTURES INDEX PS.C14.1 PS.C14.1.1 PS.C14.4 PS.C14.4.1 PS.C14.4.2 PS.C14.5 PS.C14.5.3 PS.C14.5.5 PS.C14.5.6 PS.C14.9 PS.C14.9.2 PS.C14.9.6 PS.C14.9.7 PS.C14.9.14 ACCESS FOR BRIDGE REHABILITATION TEMPORARY ACCESS STRCUTRES AND WORK PLATFORMS SURFACE AND STRUCTURAL REPAIR OF CONCRETE MEMBERS CEMENTITIOUS MORTAR OR CONCRETE EPOXY MORTAR ANCHORING OF REINFORCEMENT, GROUTING AND CRACK INJECTION GROUTING FOR GAP FILLING SURFACE PREPARATIONS FOR CRACK INJECTIONS CRACK INJECTIONS REPAIR AND REPLACEMENT OF ANCILLARY STRUCTRAL ELEMENTS RETAINING WALL DRAINAGE SYSTEM BALL TYPE AND POLYCRETE HANDRAIL REPAIRS REMOVAL AND REINSTAEMENT OF BRICKWORK BRIDGE NUMBER PLATES PS.C14.1 ACCESS FOR BRIDGE REHABILITATION PS.C14.1.1 TEMPORARY ACCESS STRCUTRES AND WORK PLATFORMS Add the following to clause C14.1.1: The unit of measurement shall be the lump-sum. The height requiring access platforms shall be 1.5 metres or more and shall be required for a minimum rehabilitation area of 50m2 unless instructed otherwise by an engineer. The heights shall be assessed by the Contractor and agreed with the Engineer prior to commencement of works requiring access. The tendered amount shall include full compensation for design, supply, fabrication, erection, dismantling, movement and for all labour, materials, and equipment required for work platforms including inspections and supervision by the safety officer and the maintenance of the temporary access structure and work platforms. Payment shall be made on the following basis: - 70% of the lump-sum on erection of access structures. -30% of the lump-sum on removal of access structures. PS.C14.4 SURFACE AND STRUCTURAL REPAIR OF CONCRETE MEMBERS Spall Repair Preparation All spalled, cracked, rust stained or unsound concrete shall be removed by mechanical means to expose the full extent of the corroded reinforcement. The Contractor shall continue to remove the concrete surrounding the reinforcement until at least 50mm of unrusted steel is exposed at both ends of the corroded sections. The perimeter of the spall shall be sawcut to at least 10mm to eliminate feather edges. The sides of the spall area shall be perpendicular to the upper concrete surface adjacent to the spall. At least 10mm of concrete shall be removed from behind the full length of the exposed portion of reinforcement. Where necessary, additional concrete shall be removed from behind the rebar and the rebar hammered into the recess do that it is as least 50mm from the general surface of the concrete. i.e. the depth of the recess shall be at least 50mm plus the diameter of rebar plus 10mm below the rebar. C3: Scope of Work Page 92 Document Version 12/05/2025 Contract No: 1R-32862 Preparation and protection of embedded reinforcement All visible or embedded reinforcement bars showing signs of corrosion shall be exposed by cutting back the concrete around the bar with pneumatic chisels or other approved method. The corrosion shall be removed by grit blasting, or where this is not warranted, by wire-brushing with power tools to an acceptable surface. The treated steel surface shall be clean of all corrosion and foreign material likely to impair the bond of the anti-corrosion primer to the reinforcement. No chemical solvents shall be used without the approval of the Engineer. Reinforcement that has experienced significant pitting or reduction in diameter shall be referred to the Engineer for acceptance. All rejected reinforcement shall be cut out and replaced with new bars of the same type and size, allowing for a minimum overlap of 45 diameters with the in situ bars. All exposed and cleaned reinforcement shall receive one coat of a single-component anti-corrosion primer based on zinc and epoxy resins, such as that of Pro-Struct 688 or similar approved, which shall be evenly applied to achieve a minimum 40 μm dry film thickness. The primer shall contain at least 30 % zinc solids by volume. The primed surface shall not be exposed to the atmosphere longer than specified by the manufacturer primer before the application of the repair mortar, but at least until the coating is fully dry. Alternative proprietary anti-corrosion coatings shall be subject to the approval of the Engineer, based on submitted test documentation and proven performance within the industry. In cases where the final concrete cover is deemed by the Engineer to be inadequate the following protection shall be applied at the Engineer’s instruction: - Cover 0 – 5,0 mm The reinforcement shall receive two coats of anti-corrosion zinc-based epoxy primer as described previously. In order to improve the bond to the covering epoxy mortar, kiln-dry quarzitic sand shall be applied onto the final wet coat. - Cover >5,0 mm The outer surface mortar patch shall receive a surface coating based on an approved hydrophobic impregnants, sealers and pore blockers, or coatings complying with Clause A14.7.5. Where an epoxy mortar is used as repair material, the reinforcement shall be coated as for the 0 – 5,0 mm case. PS.C14.4.1 CEMENTITIOUS MORTAR OR CONCRETE Add the following to clause A14.4.7.2(a): Reinstatement of Concrete Profiles The nature and size of the repairs will dictate the type of repairs required. The Contractor shall use formwork and an aggregate filled non-shrink concrete systems where it is reasonable and practically possible. Non-Shrink mortar repairs Areas that require large volume of repair material shall be made good using a non-shrink cementitious material such as the pro-Struct 528/529 – Five Star Structural Concrete or approved equivalent, suitably filled with aggregates as per manufacturer’s instructions. Surface preparations shall be as detailed in COTO standard specifications. The profile of the repair area shall be cut in such a way so as to prevent air entrapment when grouting. Shuttering shall be watertight and capable of supporting the concrete in the correct position. The C3: Scope of Work Page 93 Document Version 12/05/2025 Contract No: 1R-32862 shutters shall be designed in such a way that exposed surfaces of the newly placed concrete is minimal. After fixing the shutter into position, the existing concrete shall be pre-wetted in accordance with the concrete manufacturer’s instructions or by flooding the shutters with portable water where no manufacturer’s instruction is given. The Contractor shall drain all water from the shutters before placing concrete. The Contractor may place concrete by means of letterbox openings in the shutter, large funnels, or by grouting pumps. Concrete flow must be continuous until the shutter is full and the Contractor can achieve this by rodding or strapping. Vibrators shall not be used for this purpose. The mixing and application of the concrete shall be with strict adherence to the manufacturer’s instructions. Under no circumstance shall the water/cement ratio of the powder be exceeded. Repair areas shall be cured as described in clause C14.4.4 of COTO standard specifications. PS.C14.4.2 EPOXY MORTAR All areas receiving mortar repairs shall be blown clean with oil free compressed air. The clean area shall be thoroughly saturated with water to eliminate ‘grab’. The concrete profiles shall be restored with Pro-Struct 528/529 – Five star Structural Concrete or approved equivalent. The repair material shall be a high build cementitious type containing non-shrink cements, graded sands, fillers and chemical additives with water repellent qualities. The patches shall be cured with strict adherence to the manufacturer’s instructions. PS.C14.5 ANCHORING OF REINFORCEMENT, GROUTING AND CRACK INJECTION PS.C14.5.3 GROUTING FOR GAP FILLING PS.C14.5.5 SURFACE PREPARATIONS FOR CRACK INJECTIONS All cracks greater than 0.2mm shall be sealed in accordance with the method described hereunder. The entire length of the crack shall be wire brushed and a vee cut (10mm deep and 20mm wide) chased along the length of the crack. Holes for grease nipples shall be drilled into the crack at 250mm c/c and at least 50mm deep. NOTE: Cracks on both sides of the concrete member shall have nipple holes on one side of the concrete member positioned midway relative to those on the opposite side. On completion, all dust and debris shall be removed with oil free compressed air. Grease nipples shall be fixed into the holes with an epoxy paste. The Contractor shall ensure that the heads of the nipples are protected from the epoxy paste. The remainder of the vee cut shall be sealed off with an epoxy paste and left to cure overnight. PS.C14.5.6 CRACK INJECTIONS The non-return ball valves of the nipples shall be opened by forcing in pins. A low viscosity epoxy of an approved manufacturer shall be pumped into the crack starting at the lowest nipple and progressing to next nipple as the resin is extruded from the nipples. After thirty (30) minutes, the sequence shall be repeated until the crack is fully injected. C3: Scope of Work Page 94 Document Version 12/05/2025 Contract No: 1R-32862 Once injection of the crack has started, work shall continue until the crack is filled. After 24 hours (one full day) of injection, all protruding nipples shall be cut off with a grinding wheel. PS.C14.9 REPAIR AND REPLACEMENT OF ANCILLARY STRUCTRAL ELEMENTS PS.C14.9.2 RETAINING WALL DRAINAGE SYSTEM Add the following to clause C14.9.2. The Contractor shall repair all broken/damaged 50mm diameter PVC drainage systems on retaining walls. All blocked drainage systems on specified retaining walls shall be cleared initially removing the blockage at the entrance to the drainage system. The remaining blockages in the drainage system shall be cleared using high pressure water jetting. PS.C14.9.6 BALL TYPE AND POLYCRETE HANDRAIL REPAIRS Steel Ball Type Handrail Repairs The Contractor shall repair the damaged handrail/ knee rail / ball type stanchions system on specified retaining walls. The handrail component shall be hot-deep galvanised and match the existing handrail in all respect. The Contractor shall weld the stanchions and rails together to prevent theft. The welds shall be 6mm fillet welds. The welds are to cleaned of weld slag and painted with two (2) coats of a zinc rich primer of an approved manufacturer. Polycrete Handrail Repairs The Contractor shall repair all damaged handrailing system on specified retaining walls. The replacement of handrails and balustrades shall conform to the requirements of TMH 7 – Parts 1 and 2 for loading on balustrades and signed off by a person professionally registered with the Engineering Council of South Africa. The reinforcement shall be hot deep galvanised high tensile steel. The material used to form the handrail system shall be a resin bound cementitious material of high compressive strength. The finish of the installed replacement handrail shall match the existing handrail system in all respects. PS.C14.9.7 REMOVAL AND REINSTAEMENT OF BRICKWORK Broken Masonry Blocks The Contractor shall repair and replace all damaged and missing masonry blocks, the blocks replaced shall match the existing masonry blocks and the bond shall be the same as the existing. PS.C14.9.14 BRIDGE NUMBER PLATES Bridge number plate shall conform to the below construction drawing “ Asset Management System”. C3: Scope of Work Page 95 Document Version 12/05/2025 Contract No: 1R-32862 C3: Scope of Work Page 96 Document Version 12/05/2025 Contract No: 1R-32862 C3.4: PARTICULAR SPECIFICATIONS In addition to the Standardized and Project Specifications the following Particular Specifications / Policies shall apply to this contract: C3.4.1 Part AH - OHSA 1993 Safety Specification (26 Pages) C3.4.2 Standard Environmental Management Plan for Civil Engineering Construction Works (24 Pages) C3: Scope of Work Page 97 Document Version 12/05/2025 Contract No: 1R-32862 C3.5: CONTRACT AND STANDARD DRAWINGS C3.5.1 CONTRACT DRAWINGS / DETAILS There are no drawing details. C3.5.2 STANDARD DRAWINGS The Standard Drawings to which these Standard Engineering Specifications refer are listed below. C3: Scope of Work Dwg No Description 38570 Ring Manholes February 1990 38571 Brick Manhole Details February 1990 38572 Stormwater Inlet Details February 1990 38573 Stormwater Inlet Special Details February 1990 38574 Sewer Manholes: Ramp, Backdrop and Channelling Details February 1990 38575 Sub-Soil Drain, Pipe Bedding and Pipe Protection Details February 1990 38576 Headwall Details February 1990 38577 Kerbing Details February 1990 38578 Concrete Median Barriers February 1990 38579 Vehicular and Pedestrian Scoops February 1990 38580 Concrete Bollard and Steel Guard Rail February 1990 38581 Retaining Wall, PC Steps, Staircase, Cable Ducts and Headwalls February 1990 38582 Precast Concrete Fencing and Aluminium Gates February 1990 38583 Wire Mesh Fence and Gate Details February 1990 38584 Standard Hydrant Thrust Blocks and Trenches February 1990 38585 Water Connections, Pipework and Fittings February 1990 38586 DP & TC Manholes - Rectangular February 1990 38587 DP & TC Manholes - “L” Shaped February 1990 38588 DP & TC Manholes - “T” Shaped February 1990 38589 DP & TC Cable Ducts and Junction Box Details February 1990 43120 Typical Details of Grid Inlets February 1990 Date of Issue Page 98 Document Version 12/05/2025 Contract No: 1R-32862 C3.6: ANNEXURES C3.6.1 There are no Annexures C3: Scope of Work Page 99 Document Version 12/05/2025 PART C4: SITE INFORMATION C4.1 LOCALITY PLAN eThekwini Metropolitan area. C4.2 CONDITIONS ON SITE There is no specific geotechnical information or other site information. C4.3 TEST RESULTS There are no specific test results. C4: Site Information Page 100 Document Version 12/05/2025