CONTRACT/BID NO: MLM/HML/W13/P2/20-21 MORETELE LOCAL ...moretelehost.home.telkomsa.net/services/docs/WARD... · Ref: Company name HML/W13 Sealed documents marked as per above reference

Moretele Local Municipality CONTRACT/BID NO: MLM/HML/W13/P2/20-21

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MORETELE LOCAL MUNICPALITY

TENDER REFERENCE: MLM/HML/W13/P2/20-21

CONSTRUCTION OF HIGH MAST LIGHTS IN WARD 13 PHASE 2

A Tender for Category 4EP or higher CIDB Registered Contractors TENDERED AMOUNT (VAT INC.).: ……………..………………………………………………………

NAME OF TENDERER: ……………………………………………………………………………………… ADDRESS:…………………………………………………………………………………………………….. TEL. NO. :……….…………………………………………………………………………………………….. CELL NO. :……….…………………………………………………………………………………………….. FAX. NO.:……………………………………………………………………………………………………… E – MAIL ADDRESS.:……………………………………………………………………………………………

EMPLOYER : The Municipal Manager

Moretele Local Municipality

Private Bag X01020

Moretele

0404

Contact Person: Mr. P Molautsi Tel : 076 291 5878

EMPLOYER REPRESENTATIVE:

Bakone Consulting Engineers

581 Mendelssohn Street

Pretoria

0040

Contact Person: Mr ME Matlala

Tel: 012 998 1225


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Contents

SECTION1

PART T1: BIDDING PROCEDURES T1.1: Bid Notice and Invitation to Bid (White) pages). ……………...………….…………..……………………5

T1.2: Bid Data (Pink Pages) …...…..………………………………………………….………….……………….7

PART T2: RETURNABLE DOCUMENTS T2.1: List of Returnable Documents (Yellow Pages)………………………………………………………..…..16

T2.2: Returnable Schedules (Yellow Pages)………………………………………………………………..……17

The Contract

PARTC1: AGREEMENT AND CONTRACT DATA

C1.1: Form of Offer and Acceptance (White Pages)…………………………………………………..……..….64

C1.2: Form of Guarantee (White Pages)………………………………………………………………..…….…..69

C1.3 Contract Data (Yellow Pages)…………………………………………………………………………..…....71

C1.4 Agreement of Occupational Health and Safety Act, 1993 (Act No 85 Of 1993) (Yellow Pages)…......79

PARTC2: SPECIAL CONDITIONS OF CONTRACT

C2.1: Special Conditions of Contract (Orange Pages)………..…………………….……………………….…114

PARTC3: SCHEDULE OF QUANTITIES

C3.1: Pricing Instructions (Yellow Pages)……………….…………………………….………………………….124

C3.2: Bill of Quantities (Yellow Pages)…………………………………………………………………………...127

C3.3: Summary of Bill of Quantities (Yellow Pages)……………………………………………………………136

C3.4: Calculation of Tender Sum (Yellow Pages)……………………………………………………………….137

SECTION 2

C4: SCOPE OF WORKS C4.1: Description of Works (Blue Pages)………………………………………………………………………..139

C4.2: Engineering (Blue Pages)….…………………………..…………………………………………………..150

C4.3: Procurement (Blue Pages)………………………………………………..…………………………….….151

C4.4: Construction (Blue Pages)…………………………………………………………...…………………….162

PART C5: OHS SPECIFICATION FOR CONSTRUCTION PROJECTS

C5.1: Specification (Blue Pages)………………………………………………………………………………..199


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PART C6: SITE INFORMATION C6.1: Site Information (White Pages)……………………………. ……..………………………………………240

C6.2 Locality Plan (White Pages)……………………….……………………………………………………..…242


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SECTION 1: TENDER PART T1 : TENDERING PROCEDURES


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TENDER FOR CONSTRUCTION OF HIGH MAST LIGHTS IN WARD 13 PHASE 2

T1.1 TENDER NOTICE AND INVITATION TO TENDER

Tenders are hereby invited from Contractors registered with the Construction Development Board (CIDB) for the CONSTRUCTION OF HIGH MAST LIGHTS IN WARD 13

Project No. Project Name CIDB Grading

Compulsory Briefing date Document available

Closing date

MLM/HML/W13/P2/20-21

The Construction Of High Mast Lights In Ward 13 Phase 2

4EP or higher.

No compulsory briefing for enquiries email: [email protected]

11 May 2020 17 June 2020 at 12:00

The employer is Moretele local Municipality represented by the Municipal Manager.

Bid documents with detailed bid specifications and detailed information are obtainable at E-Tender from the 12 May 2020. A non-refundable deposit is payable through a bank deposit to the Municipal Account.

Account Details:

Moretele Local Municipality

Cheque Account no: 4053317014

ABSA Bank

Branch Code: 632005

Ref: Company name HML/W13

Sealed documents marked as per above reference and description together with an electronic copy either in a disc of flash drive, must be placed in the bid box situated at the finance Department at the offices of the Moretele Local Municipality, 4065 B Mathibestad, on or before tender closing date and time at which time the Bids will be opened in public. There will be no Compulsory briefing, any enquiries will be addressed through email ([email protected]).. No late bids will be accepted.

Please note that all service providers are to be registered with Central Supplier Database (CSD) prior to any consideration the bids, no directors may be in the employ of the state. The submission of up to date valid Tax Clearance Certificate is compulsory, failing to do so the potential service provider must provide the Municipality with an e-filing PIN for electronic verification on the SARS website. Bidders are to submit a certified copy of B-BBEE Verification Certificate from a Verification Agency accredited by South African Accreditation System (SANAS), failure to do so will result in the preference points for B-BBEE status level of contribution not being awarded.

The Moretele Local Municipality does not bind itself to accept the lowest or any bid and the Municipality reserves the right to accept the whole or part of any bid or any further reserves the right to re-advertise if it so wishes to.


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All Bids will be evaluated in accordance with the Supply Chain Management Policy of Moretele Local Municipality, the Preferential Procurement Policy Framework Act, (Act No. 5 of 2000) and the Preferential Procurement Regulations 2011, as well as the Broad Based Black Economic Empowerment Act (53 of 2003). Bids will remain valid for 90 days.

Enquiries may be directed to: Mr P Molautsi, at Tel: 0762915878 or Mrs. M Phenya 0720262653 Acting Municipal Manager: Mr BT. Makwela Moretele Local Municipality


T1.2 TENDER DATA The conditions of tender are the Standard Conditions of Tender as contained in Annexure F of SANS 294: 2004.

The Standard Conditions of Tender makes several references to the Tender Data. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the Standard Conditions of Tender to which it mainly applies. Each item of data given below is cross-referenced to the subclause in the Standard Conditions of Tender to which it mainly applies. (Refer to Annexure C5.2 of this document)

Subclause Data

F.1.1

The employer is the Moretele Local Municipality

F1.2 The Tender Documents issued by the Employer consists of the following:

THE TENDER

PART T1: TENDERING PROCEDURES

T1.1 Tender Notice and Invitation to tender

T1.2 Tender data

PART T2: RETURNABLE SCHEDULES

T2.1 Returnable Schedules required for Tender Evaluation T2.2

Other Documents required for Tender Evaluation

PART C1: THE CONTRACT

C1.1 Form of Offer and Acceptance C1.2

Form of Guarantee

C1.3 Contract Data

C1.4 Agreement in terms of the Occupational Health &

Safety act, 1993 (Act No 85 of 1993)

PART C2: Special Conditions of Contract

C2.1 Special Conditions of Contract

PART C3: PRICING DATA

C3.1 Pricing Instructions

C3.2 Bills of Quantities


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Subclause Data

C3.3 Summary of Bill of Quantities

C3.4 Calculation of Tender Sum

PART C4: SCOPE OF WORK

C4.1 Description of Work C4.2

Engineering

C4.3 Procurement

C4.4 Construction

PART C5: OHS Specification for Construction projects

C5.1 Project Specification

PART C6: SITE INFORMATION

C6.1 Site Information

C6.2 Locality Plan

The employer’s agent is: Name : Bakone Consulting Engineers Address: 581 Mendelssohn Street, Constantia Park Pretoria 0040 Tel: 012 998 1225, Fax 086 672 9965 Email: [email protected]

F.2.1

Only those Tenderers who are registered with the CIDB, in a contractor grading designation equal to or higher than a contractor grading designation determined in accordance with the sum tendered for a 4EP or higher class of construction of work, or by a contractor who is registered as a potentially emerging enterprise in terms of these Regulations at a contractor grading designation, one level higher than the contractor’s registered grading designation, provided that the client (a) is satisfied that such a contractor has the potential to develop and qualify to be registered in that higher grade; and (b) ensures that financial, management or other support is provided to that contractor to enable the contractor to successfully execute that contract are eligible to submit Tenders. Joint Ventures are eligible to submit Tenders provided that:

1. Every member of the joint venture is registered with the CIDB or can provide proof of having registered;

2. The lead partner has a contractor grading designation in the EP class of construction work; and the combined contractor grading designation calculated in accordance with the Construction Industry Development Regulations is equal to or higher than a contractor grading designation determined in accordance with the sum Tendered for a 4EP class of construction work, are eligible to submit Tenders.

F.2.7 The arrangements for a compulsory clarification meeting are:

There will be no compulsory briefing, interested bidders should use email to enquire:

[email protected]

Or Name : Bakone Consulting Engineers CC(ME Matlala) Tel: 012 998 1225, Fax : 086 672 9965 Email:[email protected]

mailto:[email protected]

mailto:[email protected]


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Subclause Data

F2.13.5 The Employer’s address for delivery of Tender offers and identification details to be shown on each Tender offer package are: Location of Tender box: Revenue Unit at the Finance Department of Moretele Local Municipality, 4065 B, Mathibestad, Makapanstad 0404 Tender Number: MLM/HML/W13/P2/20-21 Identification details: CONSTRUCTION OF HIGH MAST LIGHTS IN WARD 13 PHASE 2

F.2.13. & F.3.5 A two-envelope procedure will not be followed.

F.2.15 The closing time for submission of Tender offers is: 12:00 on or before, 17 June 2020. Telephonic, telegraphic, telex, facsimile or e-mailed Tender offers will not be accepted.

F.2.1.5 The Tender offer validity period is 90 days

F2.1.7 The tendered lump sums and rates shall be final and binding irrespective of the total tender price (See C2.1.11).

F.2.23 The tenderer is required to submit with his tenders an original Tax Clearance Certificate from the South African Revenue Services (“SARS”) certifying that the tenderer’s taxes are in order or that suitable arrangements have been made with SARS.

F.3.4 The time and location for opening of the Tender offers : Location: Revenue Unit at the Finance Department of Moretele Local Municipality, 4065 B, Mathibestad, Makapanstad 0404 Time: 12:00pm on the 17 June 2020

F.3.11 Evaluation of Tenders

All bids received shall be evaluated in terms of the Supply Chain Management Regulations, Moretele Local Municipality Supply Chain Management Policy, the Preferential Procurement Policy Framework Act, and other applicable legislations. Points in Respect of Status of Enterprise A maximum of 20 (twenty) points in respect of 80/20, will be awarded in respect of the status of the B-BBEE Points in Respect of Price and Functionality Tenders shall be evaluated on 100 points Functionality and 80/20 points system. Minimum points of 60 must be scored on functionality for bidders to be evaluated further into 80/20 points system where 80 is for price and 20 for B-BBEE Method 4 of Evaluation will apply (Quality, Financial offer and Preference Points)


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Subclause Data

Bidders must satisfy functionality requirements points before they can be evaluated on price and Preference Points. 90 points will be allocated to price using formula 2 option 1 of the Standard Conditions of

Tender the formula used will therefore be as follows:

−−=

Pm

PmPtWPs 11

Where Ps = Points for functionality and price of the bid/proposal W1 = (1) 90 where the financial value inclusive of VAT of all responsive

Tenders received have a value in excess of R 1000 000.00; or

(2) 80 where the financial value inclusive of VAT of one or more

Responsive tender offers equals or is less than R 1 000 000.00.

Pt = Rand value of tender under consideration

Pmin = Rand value of the lowest acceptable tender

Note: Functionality will be evaluated against the following detailed requirements and a minimum of 60 points must be scored to qualify for further evaluation: Functionality Points Allocation Weight 1.1 Company Experience: Copies of completion certificates in High Mast Lights or lighting related projects, including appointment letter(s)

0 – 1 completion certificates 20% 2 – 3 completion certificates 40% 4 - 5 completion certificates 60% 6- 8 completion certificates 80% 9 and above Completion Certificates 100% 30% Points Allocation Weight 1.2 Key Staff: Copies of personnel to execute the work

Team Leader Qualifications (NQF 05 & 100% Wireman’s License: 5 yrs. experience)

Team Leader Qualifications (NQF 05 & 75% Wireman’s license: 3 yrs. experience)

Team Leader Qualifications (NQF 05 50% 1 yrs. experience)

30%


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Subclause Data

Points Allocation Weight 1.3 Plant: Proof of ownership or if you are going to hire, provide information (For 30 ton + crane, provide proof of rental letter or agreement must be attached)

1 Ton Bakkie 50%

For 30-ton crane (provide proof of 50% rental letter or agreement must be attached) 15% Points Allocation Weight 1.4 Financial Capacity: (Bidders must demonstrate financial capacity to execute the projects, by attaching letter from the bank with their rating Bank Rating = D 50% Bank Rating = C 70% Bank Rating = B 80% Bank Rating = A 100% 25% Functionality Threshold 70 Total Points for Functionality 100

Calculation of points for Functionality and Price Values that will be utilized when scoring each shall be as follows: 1 Poor; 2 Average; 3 Good; 4 Very good; 5 Excellent Formula to be utilized convert the functionality scores to percentage is as follows: Ps = So/Ms * 100 Ps = Percentage scored for functionality by the bidder/proposal under Consideration So = Total Score of bidder/proposal under co consideration Ms = Maximum possible Score Points scored for B-BBEE as contemplated by the PPPFA and its Regulations are then added to the points scored for price. The contract should be awarded to the bidder scoring the highest points. After calculation, the tenderer that scores the highest points, when adding the scores on price and B-BBEE, shall be awarded the tender. Points scored on Tenders shall be rounded off to 2 decimal places; Where equal points are scored, the one with the highest B-BBEE points shall be awarded;


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Subclause Data

Should two or more tenders be equal in all respects, the award shall be decoded by the drawing of lots.

F.3.13.1 Tender offers will only be accepted on condition that:

a) The tenderer is registered with the Construction Industry Development Board in an appropriate contractor grading designation;

b) The tenderer or any of its directors is not listed in the Register of Tender Defaulters in terms of Prevention and Combating of

Corrupt Activities Act of 2004 as person prohibited from doing Business with the public sector: and

c) The tenderer has not over the last five years failed to satisfactorily Perform a contract for the employer and has been issued with the written notice to this effect.

F3.18 The number of paper copies of signed contract to be provided by the Engineer is original contract plus three signed copies.

Labour Content: The minimum Labour content for this project shall be 10% OF THE WORKS. Note: This 15% labour content shall be from LOCAL COMMUNITY. The contractor’s own skilled and unskilled personnel will not be counted towards the said 15% contract amount minimum labour content.

F.3.11 Responsive tenders will be evaluated according to the preferential procurement Regulations, 2011 as published in Government Gazette 34350 dated 9 June 2011.

The additional conditions of Tender are:

1 Moretele Local Municipality may also request that the Tenderer provide written

evidence that his financial, labour and resources are adequate for carrying out project.

2 The Moretele Local Municipality reserves the right to appoint a firm of chartered

accountants and auditors and / or execute any other financial investigations on the

financial resources of any Tenderer. The Tenderer shall provide all reasonable

assistance in such investigations.

3 The Moretele Local Municipality reserves the right to appoint a different Service

Provider for each project. The Tenderer shall be required to complete the form of offer

(C1.1) and the Bill of Quantities (C2.2) for each project.

4 The bid document shall be submitted as a whole and shall not be taken apart.

5 List of returnable documents (PART T2) must be completed in full (A bidder’s company profile will not be used by the MLM to complete PART T2 on behalf of the bidder)

NB: If PART T2 is not completed in full by the bidder, this offer will be rejected


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CONSTRUCTION OF HIGH MAST LIGHTS IN WARD 13 PHASE 2 TENDER NO: MLM/HML/W13/P2/20-21

PART T2 : RETURNABLE DOCUMENTS

T2.1 List of Returnable Documents

T2.2 Returnable Schedules


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MORETELE LOCAL MUNICIPALITY


T2.1 : LIST OF RETURNABLE DOCUMENTS

The following documents are to be completed and returned as they constitute the tender. Whilst many of the returnables are required for the purpose of evaluating the tenders, some will form part of the subsequent contract, as they form the basis of the tender offer. For this reason, it is very important that tenderers return all information requested.

1. RETURNABLE SCHEDULES REQUIRED FOR TENDER EVALUATION PURPOSES (included hereafter for completion)

Schedule : 1A Authority for Signatory*

Schedule : 1B Compulsory Enterprise Questionnaire*

Schedule : 1C Declaration affidavit

Schedule : 1D Proposed amendments and qualifications

Schedule : 1E Proposed Subcontractors

Schedule : 1F Plant and Equipment

Schedule : 1G Schedule of work satisfactorily carried out by tenderer

Schedule : 1H Personnel Schedule

Schedule : 1I Declaration regarding fulfillment of construction regulations, 2003

Schedule : 1J Estimated monthly cashflow

Schedule : 1K

Schedule : 1J

Schedule : 1K

Schedule : 1L

Schedule : 1M

Schedule : 1N

Financial rating

Certified Company Registration Certificate

Proof of purchase of the tender document

Completed and signed Form of Offer and Acceptance

All pages signed, initialed and completed

Letter of intent from registered financial institution showing full details as guarantor in the amount of 10% as specified for surety purposes must be submitted

2. OTHER DOCUMENTS REQUIRED FOR TENDER RESPONSIVENESS

Schedule : 2A

Municipal account for the business / directors not owing for more than 90 days or municipal account from private provider or statement of account from landlord with valid lease agreement.

Schedule : 2B Original CIDB Registration certificate

Schedule : 2C Original Tax Clearance Certificate and or PIN issued by SARS

Schedule : 2D Certified copy Documents of Incorporation and Original or Certified copies of BBBEE issued by SANAS

Schedule : 2E Preliminary Health and Safety Plan

Schedule : 2F Certified I D Copies of Owners/Directors/Shareholders


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Schedule : 2G CSD summary report

Schedule : 2H

Letter of Good Standing with the Compensation for Occupational Injuries and Diseases

3. RETURNABLE SCHEDULES THAT WILL BE INCORPORATED INTO THE CONTRACT (to be attached with submission)

Schedule : 3A Record of Addenda

Schedule 3B Evaluation criteria

Schedule 3C

MBD forms

4. OTHER SCHEDULES AND AFFIDAVITS THAT WILL BE INCORPORATED INTO THE CONTRACT (included hereafter for completion)

C1.1 : Form of Offer and Acceptance*

C1.2 : Contract Data (Part 2)*

C1.2 : Form of guarantee

C1.2 : Occupational Health and Safety Agreement

C2.2 : Daywork Schedule

C2.3 : Schedule of Price


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SCHEDULE 1A: AUTHORITY FOR SIGNATORY

Indicate the status of the tenderer by ticking the appropriate box hereunder. The tenderer must complete the certificate set out below for the relevant category.

A Company

B Partnership

C Joint Venture

D Sole Proprietor

E Close Corporation

A. Certificate for Company

I, .............................................................................. , chairperson of the board of directors of ....... …

.................................................................................. , hereby confirm that by resolution of the board

(copy attached) taken on ........................................ 20…, Mr/Ms ......................................................

acting in the capacity of ........................................... , was authorized to sign all documents in

connection with this tender for contract ……………. and any contract resulting from it on behalf of

the company.

As witnesses :

1. Chairman :

2. Date :

Tenderers must attach a copy of the Resolution of the Board.

B. Certificate for Partnership

We, the undersigned, being the key partners in the business trading as ...............................................

................................................... hereby authorize Mr/Ms ....... , .............................................................

acting in the capacity of ............ .............................................. to sign all documents in connection

with the tender for Contract………………………………and any contract resulting from it on our

behalf.

NAME ADDRESS SIGNATURE DATE

NOTE : This certificate is to be completed and signed by all of the key partners upon whom rests

the direction of the affairs of the Partnership as a whole


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C. Certificate for Joint Venture

We, the undersigned, are submitting this tender offer in Joint Venture and hereby authorise Mr/Ms

..................................................... , authorised signatory of the company ............................................

..................................................... , acting in the capacity of lead partner, to sign all documents in

connection with the tender offer for Contract ........................ and any contract resulting from it on

our behalf.

This authorization is evidenced by the attached power of attorney signed by legally authorized signatories of all the partners to the Joint Venture.

NAME OF FIRM ADDRESS

AUTHORISING SIGNATURE, NAME & CAPACITY

Lead partner

D. Certificate for Sole Proprietor

I, .................................................. hereby confirm that I am the sole owner of the business trading as

.....................................................

As witnesses:

1. Signature : Sole owner :

2. Date :

E. Certificate for Close Corporation

We, the undersigned, being the key members in the business trading as ...........................................

...................................................................... hereby authorize Mr/Ms ................................................

acting in the capacity of ..............................., to sign all documents in connection with the tender for

Contract ........................................................ and any contract resulting from it on our behalf.

NAME ADDRESS SIGNATURE DATE


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NOTE: This certificate is to be completed and signed by all of the key-partners upon who rests the

direction of the affairs of the Partnership as a whole.


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SCHEDULE 1B: COMPULSORY ENTERPRISE QUESTIONNAIRE

The following particulars must be furnished. In the case of a joint venture, separate enterprise questionnaires in respect of each partner must be completed and submitted.

Section 1: Name of enterprise: ....................................................................................................................................

Section 2: VAT registration number, if any: ................................................................................................................

Section 3: CIDB registration number, if any: ..............................................................................................................

Section 4: Particulars of sole proprietors and partners in partnerships

Name* Identity number* Personal income tax number*

* Complete only if sole proprietor or partnership and attach separate page if more than 3 partners

Section 5: Particulars of companies and close corporations

Company registration number .............................................................................................................................................

Close corporation number ...................................................................................................................................................

Tax reference number .........................................................................................................................................................

Section 6: Record of service of the state

Indicate by marking the relevant boxes with a cross, if any sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months in the service of any of the following:

• a member of any municipal council

• a member of any provincial legislature

• a member of the National Assembly or the National Council of Province

• an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999)

• a member of the board of directors of any municipal entity

• a member of an accounting authority of any national or provincial public entity

• an official of any municipality or municipal entity

• an employee of Parliament or a provincial legislature

If any of the above boxes are marked, disclose the following: (insert separate page if necessary)

Name of sole proprietor, partner, director, manager,

principal shareholder or stakeholder

Name of institution, public office, board or organ of state and position held

Status of service (tick appropriate column)

current

Within last 12 months

* Insert separate page if necessary


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Section 7: Record of spouses, children and parents in the service of the state

Indicate by marking the relevant boxes with a cross, if any spouse, child or parent of a sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months been in the service of any of the following:

• a member of any municipal council

• a member of any provincial legislature

• a member of the National Assembly or the National Council of Province

• an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999)

• a member of the board of directors of any municipal entity

• a member of an accounting authority of any national or provincial public entity

• an official of any municipality or municipal entity

• an employee of Parliament or a provincial legislature

Name of spouse, child or parent

Name of institution, public office, board or organ of state and position held

Status of service (tick appropriate column)

current

Within last 12 months

* Insert separate page if necessary

The undersigned, who warrants that he/she is duly authorised to do so on behalf of the enterprise:

i) authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services that my / our tax matters are in order;

ii) confirms that 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.

Signed Date

Name Position

Enterprise name

* The schedule should be used where tenders are subject to the local Government: Municipal Finance Management Act


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SCHEDULE 1C: DECLARATION AFFIDAVIT & TENDER CATEGORIES

This form must be signed before the commissioner of oath

Signature of Signatory:…………………………………………………………………… Date:………………………………………………………………………………………

… Name:……………………………………………………………………………………….

.. Tenderer:…………………………………………………………………………………

….. Commissioner of

oath:……………………………………………………………………….

STAMP


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SCHEDULE 1D: PROPOSED AMENDMENTS AND QUALIFICATIONS

The Tenderer should record any deviations or qualifications he may wish to make to the tender documents in this Returnable Schedule. Alternatively, a tenderer may state such deviations and qualifications in a covering letter to his tender and reference such letter in this schedule. The Tenderer’s attention is drawn to clause F.3.8 of the Standard Conditions of Tender referenced in the Tender Data regarding the employer’s handling of material deviations and qualifications.

Page Clause or item Proposal

Signed Date

Name Position

Tenderer


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SCHEDULE 1E: SCHEDULE OF PROPOSED SUBCONTRACTORS

We notify you that it is our intention to employ the following Subcontractors to work on this contract.

If we are awarded the contract we agree that this notification does not change the requirement for us to submit the names of proposed Subcontractors in accordance with requirements in the contract for such appointments. If there are no such requirements in the contract, then your written acceptance of this list shall be binding between us

No. Name and Address of Proposed Subcontractor

Nature and Extent of Work

Previous Experience with Subcontractor

1.

2.

3.

4.

5.

6.

7.

Signed ............................................................. Date ....................................................

Name ............................................................. Position ....................................................

Tenderer ............................................................................................................................................................


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SCHEDULE 1F : SCHEDULE OF PLANT AND EQUIPMENT

The following are lists of major items of relevant equipment that I/we presently own or lease and will have available for this contract or will acquire or hire for this contract if my/our tender is accepted.

(a) Details of major equipment that is owned by and immediately available for this contract.

Quantity Description, Size, Capacity, etc

Attach additional pages if more space is required.

(b) Details of major equipment that will be hired, or acquired for this contract if my/our tender is acceptable.

Quantity Description, Size, Capacity, etc


Signed ............................................................. Date ....................................................

Name ............................................................. Position ....................................................


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SCHEDULE 1G: SCHEDULE OF WORK SATISFACTORILY CARRIED OUT BY THE TENDERER

The following is a statement of similar work successfully executed by myself/ourselves:

Employer, contact person

and telephone number Description of Contract

Value of Work Inclusive of VAT

(Rand)

Date Completed

Signed ............................................................. Date ....................................................

Name ............................................................. Position ....................................................


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SCHEDULE 1H: PERSONNEL SCHEDULE

Job Description Non-Local Local Qualifications Experience

(Years)

Contract Manager

Site Agent

Quantity Surveyor

Surveyors

General Foreman

Foremen

Community Officers

Clerks

Operators

Bricklayers

Learner Bricklayers

Steel fixers

Watchmen

Gang Bosses

Pipe Layers

Labourers

* Other

* To be filled in by Tenderer

Signed ............................................................. Date ....................................................

Name ............................................................. Position ....................................................

Tenderer ............................................................................................................................................................


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SCHEDULE 1I: DECLARATION CONCERNING FULFILMENT OF THE CONSTRUCTION REGULATIONS, 2014

In terms of regulation 4(3) of the Construction Regulations, 2003 (hereinafter referred to as the Regulations), promulgated on 7 February 2014 in terms of Section 43 of the Occupational Health and Safety Act, 1993 (Act No 85 of 1993) the Employer shall not appoint a contractor to perform construction work unless the Contractor can satisfy the Employer that his/her firm has the necessary competencies and resources to carry out the work safely and has allowed adequately in his/her tender for the due fulfilment of all the applicable requirements of the Act and the Regulations.

Tenderers shall answer the questions below:

1. I confirm that I am fully conversant with the Regulations and that my company has (or will acquire/procure) the necessary competencies and resources to timeously, safely and successfully comply with all of the requirements of the Regulations.

(Tick)

YES

NO

2. Indicate which approach shall be employed to achieve compliance with the Regulations.

(Tick)

Own resources, competent in terms of the Regulations (refer to 3 below)

Own resources, still to be hired and/or trained (until competency is achieved)

Specialist subcontract resources (competent) - Specify:

3. Provide details of proposed key persons, competent in terms of the Regulations, who will form part of the Contract team as specified in the Regulations (CVs to be attached):

................................................................................................................................................................

................................................................................................................................................................

................................................................................................................................................................

................................................................................................................................................................


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4. Provide details of proposed training (if any) that will be undergone:

................................................................................................................................................................

................................................................................................................................................................

................................................................................................................................................................

................................................................................................................................................................

................................................................................................................................................................

................................................................................................................................................................

5. List potential key risks identified and measures for addressing risks:

................................................................................................................................................................

................................................................................................................................................................

................................................................................................................................................................

................................................................................................................................................................

................................................................................................................................................................

................................................................................................................................................................

6. I have fully included in my tendered rates and prices (in the appropriate payment items provided in the Schedule of Quantities) for all resources, actions, training and any other costs required for the due fulfilment of the Regulations for the duration of the construction and defects repair period

(Tick)

YES

NO

SIGNATURE OF PERSON(S) AUTHORISED TO SIGN THIS TENDER: 1. .................................................................................................... ID NO: ....................................................................

(Name in Print): ........................................................................ 2. .................................................................................................... ID NO: ....................................................................

(Name in Print): ........................................................................


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SCHEDULE 1J: ESTIMATED MONTHLY CASH-FLOW

The Tenderer shall state below the estimated value of work to be completed every month, based on his preliminary programme and his tendered unit rates.

The amounts for Contingencies and Contract Price Adjustment must not be included. The Tenderer must make note of any cash-flow restrictions.

MONTH VALUE

1

2

3

4

5

6

7

8

9

10

TOTAL

Signed ............................................................. Date ....................................................

Name ............................................................. Position ....................................................

Tenderer ............................................................................................................................................................


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SCHEDULE 1K: FINANCIAL RATING

DETAILS OF CONTRACTOR’S BANK ACCOUNT

I/We furnish the following information:

a) Name of Bank: …………………………………………………………………………

b) Branch of Bank: …………………………………………………………………………

c) Town/city/suburb where bank is situated: ……………………………………………

d) Contact Person at the Bank: …………………………………………...……………

e) Telephone number of Bank: Code: ………………. Number: …………………

f) Account Number: ………………………………………………………………………

g) Bank rating (include confirmation from bank or financial institution): ……………

……………………………………………………………………………………………

I/We hereby authorise the Employer to approach the above Bank for a reference. SIGNED ON BEHALF OF THE TENDERER:…………………………………………………

DATE: …………………………………………………………………………………………


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SCHEDULE 2A: MUNICIPAL ACCOUNT FOR THE BUSINESS / DIRECTOR NOR OWING FOR MORE THAN 90 DAYS OR MUNICIPAL ACCOUNT OF FROM PRIVATE PROVIDER OR STATEMENT OF ACCOUNT FROM THE LANDLORDS WITH VALID

LEASE AGREEMENT

The tenderer must attach to this page, a copy municipal account for the business / director nor owing for more than 90 days or municipal account of from private provider or statement of account from the landlords with valid lease agreement MORETELE LOCAL Municipality


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SCHEDULE 2B: ORIGINAL CIDB REGISTRATION CERTIFICATE

The tenderer must attach to this page, a copy of the certificate of Contractor Registration issued by the Construction Industry Development Board.


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CONSTRUCTION OF HIGH MAST LIGHTS IN WARD 13 TENDER NO: MLM/HML/W13/19-20

SCHEDULE 2C: ORIGINAL TAX CLEARANCE AND PIN

The tenderer must attach to this page an original Tax Clearance Certificate and PIN from the South African Revenue Services in respect of his/her company, close corporation or partnership. In the case of a joint venture between two or more firms, the tenderer shall attach an original/copy of the Tax Clearance Certificate for each of the joint venture partners.


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TENDER NO: MLM/HML/W13/P2/20-21

SCHEDULE 2D: CERTIFIED COPY OF DOCUMENTS OF INCORPORATION AND CERTIFIED COPY B-BBEE CERTIFICATE ISSUED BY SANAS

The tenderer must attach to this page a certified copy of the certificate of incorporation of his/her company, close corporation or partnership. In the case of a joint venture between two or more firms, the tenderer shall attach a copy of the document of incorporation of the joint venture.

The tenderer must again attach to this page a certified copy of the B-BBEE certificate of hi/her company. In case of a Joint Venture between two or more firms, the tenderer shall attach a copy of the Joint B-BBEE certificate must be submitted


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SCHEDULE 2F: PRELIMINARY HEALTH AND SAFETY PLAN

The tenderer must attach to this page a copy of the Preliminary Health and Safety Plan for the proposed work.


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SCHEDULE 2G: CERTIFIED ID COPIES OF OWNERS/DIRECTORS/SHAREHOLDERS/MEMBERS

The tenderer must attach to this page copies of Identity Document of Owners/Directors/Members/Shareholders.


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SCHEDULE 2H: CSD SUMMARY

The tenderer must attach to this page a copy of the CSD summary


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SCHEDULE 2I: LETTER OF GOOD STANDING WITH THE COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES

Letter of Good Standing with the Compensation for Occupational Injuries and Diseases Act. (COIDA Certificate).


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SCHEDULE 3A: RECORD OF ADDENDA TO TENDER DOCUMENTS

We confirm that the following communications received from the Employer before the submission of this tender offer, amending the tender documents, have been taken into account in this tender offer:

Date Title or Details

1.

2.

3.

4.

5.

6.


Signed Date

Name Position

Tenderer


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SCHEDULE 3B: EVALUTION CRITERIA

ITEM CRITERIA WEIGHTING

TOTAL SCORE

1 COMPANY EXPERIENCE

INSTALLATION OF HIGH MAST LIGHTS PROJECTS (ATTACH APPOINTMENT LETTERS & COMPLETION CERTIFICATES)

Over 7 similar projects 30 30

5 - 6 similar projects 25



INSTALLATION OF STREET LIGHTS PROJECTS (ATTACH APPOINTMENT LETTERS & COMPLETION CERTIFICATES)

Over 7 similar installation of street lights projects

10 10

5 - 6 similar installation of street lights projects 8

3 - 4 similar installations of street lights projects

6

1 – 2 similar installation of street lights projects

4

2 FINANCIAL REFERENCES

Bank code C 10 10

Bank code D 7

Bank code E and below 4


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3 COMPANY CAPACITY

Plant and equipment i.e. BAKKIE, TLB and Flat truck (OWN)

10 10

Plant and equipment i.e. BAKKIE, TLB and Flat truck (Hired with letter of intent)

7

4 KEY PERSONNEL

4.1 Project/Contract manager has NQF 7 or above in Electrical Engineering and has over 10 years’ experience in installation of high mast lights

15 15


10


5

4.2 Site Agent has NQF Level 5 or more and has over 8 years’ experience in installation of high mast lights

15 15


10


5

4.3 Site Foreman has NQF level 4 and has any experience in installation of high mast lights

10 10


7


4


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MBD FORMS

MBD1

INVITATION TO BID

YOU ARE HEREBY INVITED TO BID FOR CONSTRUCTION OF HIGH MAST LIGHTS IN WARD 13 PHASE 2 OF THE MORETELE LOCAL MUNICIPALITY

BID NUMBER: MLM/HML/W13/P2/20-21…..CLOSING DATE: 16 June 2020 CLOSING TIME: 12H00 DESCRIPTION


The successful bidder will be required to fill in and sign a written Contract Form (MBD 7). DEPOSITED IN THE BID BOX SITUATED AT Moretele Local Municipality 4065B , Mathibestad 0404 Bidders should ensure that bids are delivered timeously to the correct address. If the bid is late, it will not be accepted for consideration. The bid box is generally open 7 days a week, with no closing time. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS – (NOT TO BE RE-TYPED)

THIS BID IS SUBJECT TO THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT

NB: NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE (see definition on MBD 4 attached)


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THE FOLLOWING PARTICULARS MUST BE FURNISHED

(FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED)

NAME OF BIDDER: ………………………………………………………………………………………………… …………………………………………………………………………………………………. POSTAL ADDRESS: ………………………………………………………………………………………………… …………………………………………………………………………………………………. RESIDENTIAL ADDRESS: ………………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………………….. TELEPHONE NUMBER: CODE……………NUMBER…………………………………………………………………

CELLPHONE NUMBER: ..........................................................................................

FACSIMILE NUMBER: CODE …………………………NUMBER……………………………………………………. VAT REGISTRATION NUMBER: …………………………………………… HAS AN ORIGINAL TAX CLEARANCE CERTIFICATE BEEN ATTACHED (MBD 2)? YES/NO

ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS/SERVICES OFFERED BY YOU? YES/NO

(IF YES ENCLOSE PROOF)

SIGNATURE OF BIDDER: …………………………………………………………… DATE: …………………………………………………………………………………….


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CAPACITY UNDER WHICH THIS BID IS SIGNED…………………………………………………………………………………….. WITNESSES NAME……………………… ID NUMBER…………………… SIGNATURE…………… NAME……………………… ID NUMBER…………………… SIGNATURE……………

TOTAL BID PRICE…………………………………… TOTAL NUMBER OF ITEMS OFFERED…………………

MBD 6.1

PREFERENCE POINTS CLAIM FORM

a) PURCHASES

1. GENERAL CONDITIONS 1.1 The following preference point systems are applicable to all bids:

- the 80/20 system for requirements with a Rand value of up to R 50 000 000; and - the 90/10 system for requirements with a Rand value above R 50 000 000.

1.2 The value of this bid is estimated to be less than R 50 000 000and therefore the 80/20

system shall be applicable. 1.3 Preference points for this bid shall be awarded for:

(a) Price; and functionality (b) Specific contract participation goals, as specified in the attached forms.

1.3.1 The points for this bid are allocated as follows:

POINTS 1.3.1.1 PRICE(80) & FUNCTIONALITY (70) 80


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1.3.1.2 SPECIFIC CONTRACT PARTICIPATION GOALS

(a) BBBEE STATUS 20

Total points for Price, BBBEE and other RDP- goals must not exceed 100

Separate Preference Points Claim Forms will be used for the promotion of the specific goals for which points have been allocated in paragraph 1.3.1.2 (b) above.

1.4 Failure on the part of a bidder to fill in and/or to sign this form may be interpreted to mean

that preference points are not claimed. 1.5. The Bidder must attach proof of BBBEE Status Level 2. GENERAL DEFINITIONS

2.1 “Acceptable bid” means any bid which, in all respects, complies with the specifications

and conditions of bid as set out in the bid document.

2.2 “Bid” means a written offer in a prescribed or stipulated form in response to an

invitation by an organ of state for the provision of goods, works or services.

2.3 “Comparative price” means the price after the factors of a non-firm price and all

unconditional discounts that can be utilised have been taken into consideration.

2.4 “Consortium or joint venture” means an association of persons for the purpose of

combining their expertise, property, capital, efforts, skills and knowledge in an activity for the execution of a contract.

2.5 “Contract” means the agreement that results from the acceptance of a bid by an organ

of state.

2.6 “Specific contract participation goals” means the goals as stipulated in the

Preferential Procurement Regulations 2001.

2.6.1 In addition to above-mentioned goals, the Regulations [12.(1)] also make provision for

organs of state to give particular consideration to procuring locally manufactured products.

2.7 “Control” means the possession and exercise of legal authority and power to manage

the assets, goodwill and daily operations of a business and the active and continuous exercise of appropriate managerial authority and power in determining the policies and directing the operations of the business.

2.8 “Disability” means, in respect of a person, a permanent impairment of a physical,

intellectual, or sensory function, which results in restricted, or lack of, ability to perform an activity in the manner, or within the range, considered normal for a human being.

2.9 “Equity Ownership” means the percentage ownership and control, exercised by

individuals within an enterprise.

2.10 “Historically Disadvantaged Individual (HDI)” means a South African citizen

(1) who, due to the apartheid policy that had been in place, had no franchise in


Page 45 of 221

national elections prior to the introduction of the Constitution of the Republic of South Africa, 1983 (Act No 110 of 1983) or the Constitution of the Republic of South Africa, 1993, (Act No 200 of 1993) (“the interim Constitution); and/or

(2) who is a female; and/or

(3) who has a disability:

provided that a person who obtained South African citizenship on or after the coming to effect of the Interim Constitution, is deemed not to be a HDI;

2.11 “Management” means an activity inclusive of control and performed on a daily basis, by

any person who is a principal executive officer of the company, by whatever name that person may be designated, and whether or not that person is a director.

2.12 “Owned” means having all the customary elements of ownership, including the right of

decision-making and sharing all the risks and profits commensurate with the degree of ownership interests as demonstrated by an examination of the substance, rather than the form of ownership arrangements.

2.13 “Person” includes reference to a juristic person.

2.14 “Rand value” means the total estimated value of a contract in Rand denomination that

is calculated at the time of bid invitations and includes all applicable taxes and excise duties.

2.15 “Small, Medium and Micro Enterprises (SMMEs) bears the same meaning assigned to this expression in the National Small Business Act, 1996 (No 102 of 1996).

2.16 “Sub-contracting” means the primary contractor’s assigning or leasing or making out

work to, or employing another person to support such primary contractor in the execution of part of a project in terms of the contract.

2.17 “Trust” means the arrangement through which the property of one person is made

over or bequeathed to a trustee to administer such property for the benefit of another person.

2.18 “Trustee” means any person, including the founder of a trust, to whom property is

bequeathed in order for such property to be administered for the benefit of another person.

3. ESTABLISHMENT OF HDI EQUITY OWNERSHIP IN AN ENTERPRISE

3.1 Equity ownership shall be equated to the percentage of an enterprise which is owned by

individuals classified as HDIs, or in the case of a company, the percentage shares that are owned by individuals classified as HDIs, who are actively involved in the management and daily business operations of the enterprise and exercise control over the enterprise, commensurate with their degree of ownership.

3.2 Where individuals are not actively involved in the management and daily business

operations and do not exercise control over the enterprise commensurate with their degree of ownership, equity ownership may not be claimed.

4. ADJUDICATION USING A POINT SYSTEM

4.1 The bidder obtaining the highest number of points will be awarded the contract.


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4.2 Preference points shall be calculated after prices have been brought to a comparative basis.

4.3 Points scored will be rounded off to 2 decimal places.

4.4 In the event of equal points scored, the bid will be awarded to the bidder scoring the

highest number of points for specified goals. 5. POINTS AWARDED FOR PRICE 5.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

A maximum of 80 or 90 points is allocated for price & functionality on the following basis:

80/20 or 90/10

Pt P min

Ps 80 1

P min

Where

Or

Pt P min

Ps 90 1 P min


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Ps = Points scored for price of bid under consideration

Pt = Rand value of bid under consideration

Pmin = Rand value of lowest acceptable bid

6. Points awarded for BBBEE

MAXIMUM OF 20 BBBEE POINTS

B-BBEE STATUS LEVEL OF CONTRIBUTOR NUMBER OF POINTS

1 20

2 18

3 16

4 12

5 8

6 6

7 4 8 2

Non-contributor 0

7. BID DECLARATION

7.1 Bidders who claim points in respect of equity ownership must complete the Bid Declaration at the

end of this form.

8. BBBEE ABOVE. POINTS TO BE CALCULATED FROM INFORMATION FURNISHED IN

PARAGRAPH 9.8.

*If points are claimed for BBBEE , Tenderer to submit proof

…………………………………………………………………………………………………………………….

8 DECLARATION WITH REGARD TO BBBEE

8.1 Name of firm : …………………………………………………………………….

8.2 VAT registration number : ……………………………………………………………………. 8.3 Company registration number : ……………………………………………………………………. 8.4 BBBEE Level : ................................................................................................


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9.4 TYPE OF FIRM

Partnership One person business/sole trader Close corporation

Company (Pty) Limited

[TICK APPLICABLE BOX]

9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

…………….. .................................................................................................................................. …………….. .................................................................................................................................. …………….. ..................................................................................................................................

9.6 COMPANY CLASSIFICATION

Manufacturer Supplier

Professional service provider Other service providers, e.g. transporters, etc.

[TICK APPLICABLE BOX]

9.7 MUNICIPAL INFORMATION

Municipality where business is situated: ………………………………………………..

Registered Account No: ………………………………………………

Stand No: ………………………………………………………………..

9.8 TOTAL NUMBER OF YEARS THE FIRM HAS BEEN IN BUSINESS? ………………………………

9.9 List all Shareholders by Name, Position, Identity Number, Citizenship, HDI status and

ownership, as relevant. (Information not for points purposes).

* HDI Status

%

No

Date/Position Date RSA of business

Name occupied in ID Number Citizenship franchise / enterprise

Enterprise obtained prior to Women Disabled owned

elections


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*Indicate YES or NO 9.10 Consortium / Joint Venture

Name of member Percentage (%) of the contract value

managed by member

9.10 I/we, the undersigned, who warrants that he/she is duly authorised to do so on behalf of the firm

certify that points claimed, based on the equity ownership, indicated in paragraph 8 of the foregoing certificate, qualifies the firm for the preference(s) shown and I / we acknowledge that:

(i) The information furnished is true and correct.

(ii) The Equity ownership claimed is in accordance with the General Conditions as indicated in

paragraph 1 of this form.

(iii) In the event of a contract being awarded as a result of points claimed as shown in

paragraph 8, the contractor may be required to furnish documentary proof to the

satisfaction of the purchaser that the claims are correct.

(iv) If the claims are found to be incorrect, the purchaser may, in addition to any other remedy it

may have -

(a) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; and

(b) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation;

WITNESSES:

1. ………………………………………

…………………………………… SIGNATURE (S) OF BIDDER (S)

2. ……………………………………… DATE: ……………………………….. ADDRESS: …………………………..……..…

….…………………………………….

………………………………………. …………….…………………………


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MBD 2 TAX CLEARANCE REQUIREMENTS IT IS A CONDITION OF BIDDING THAT -

1. The taxes of the successful bidder must be in order, or that satisfactory arrangements have been

made with the Receiver of Revenue to meet his / her tax obligations.

2. The attached form “Application for Tax Clearance Certificate (in respect of bidders)”, must be completed in all respects and submitted to the Receiver of Revenue where the bidder is registered for tax purposes. The Receiver of Revenue will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of twelve (12) months from date of issue. This Tax Clearance Certificate must be submitted in the original together with the bid. Failure to submit the original and valid Tax Clearance Certificate may invalidate the bid.

3. In bids where Consortia / Joint Ventures / Sub-contractors are involved each party must submit a

separate Tax Clearance Certificate. Copies of the Application for Tax Clearance Certificates are available at any Receiver’s Office.

Failure to submit will render the Tender non-responsive


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MBD2/ Application for tax Certificate…

APPLICATION FOR TAX CLEARANCE CERTIFICATE (IN RESPECT OF BIDDERS)

1. Name of taxpayer / bidder: ............................................................................................................................

2. Trade name: ............................................................................................................................

3. Identification number:

4. Company / Close Corporation registration number:

5. Income tax reference number:

6. VAT registration number (if applicable):

7. PAYE employer’s registration number (if applicable):

Signature of contact person requiring Tax Clearance Certificate: ...............................................................................

Name: ............................................................................................................................

Telephone number: Code:………………… Number: ........................................................................

Address: ............................................................................................................................

............................................................................................................................

............................................................................................................................

DATE: 20_____ / ______ / ______

PLEASE NOTE THAT THE COMMISSIONER FOR THE SOUTH AFRICAN REVENUE SERVICE (SARS) WILL NOT EXERCISE HIS DISCRETIONARY POWERS IN FAVOUR OF ANY PERSON WITH REGARD TO ANY INTEREST, PENALTIES AND / OR ADDITIONAL

TAX LEVIABLE DUE TO THE LATE- OR UNDERPAYMENT OF TAXES, DUTIES OR LEVIES OR THE RENDITION RETURNS BY ANY

PERSON AS A RESULT OF ANY SYSTEM NOT BEING YEAR 2000 COMPLIANT. [MBD 2]


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MBD 4

DECLARATION OF INTEREST

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 Full Name: ………………………………………………………………………… 3.2 Identity Number: ………………………………………………………………… 3.3 Company Registration Number: …………………………………………………

3.4 Tax Reference Number: ………………………………………………………… 3.5 VAT Registration Number: ……………………………………………………… 3.6 Are you presently in the service of the state YES / NO 3.6.1 If so, furnish particulars.

………………………………………………………………

……………………………………………………………… 3.7 Have you been in the service of the state for the past YES / NO

twelve months? 3.7.1 If so, furnish particulars. 3.7.2

………………………………………………………………

………………………………………………………………

3.8 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? YES / NO

3.8.1 If so, furnish particulars.

………………………………………………………………

………………………………………………………………


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3.9 Are you, aware of any relationship (family, friend, other) between a bidder and any persons in the

service of the state who may be involved with the evaluation and or adjudication of this bid? YES / NO

3.9.1 If so, furnish particulars

…………………………………………………………….

……………………………………………………………. 3.10 Are any of the company’s directors, managers, principle YES / NO

shareholders or stakeholders in service of the state? 3.10.1 If so, furnish particulars.

………………………………………………………………

……………………………………………………………… 3.11 Are any spouse, child or parent of the company’s directors, YES / NO

managers, principle shareholders or stakeholders in service of the state?

3.11.1 If so, furnish particulars.

………………………………………………………………

………………………………………………………………

CERTIFICATION I, THE UNDERSIGNED (NAME) ……………………………………………………………………… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS CORRECT. I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

………………………………….. …………………………………….. Signature Date

…………………………………. ………………………………………………………………………… Position Name of Bidder

MSCM Regulations: “in the service of the state” means to be –

(a) a member of – (i) any municipal council; (ii) any provincial legislature; or (iii) the national Assembly or the national Council of provinces;

(b) a member of the board of directors of any municipal entity; (c) an official of any municipality or municipal entity;


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(d) an employee of any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999);

(e) a member of the accounting authority of any national or provincial public entity; or (f) an employee of Parliament or a provincial legislature.


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MBD 6.2

DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR DESIGNATED SECTORS

This Municipal Bidding Document (MBD) 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 Regulations, 2011 and the South African Bureau of Standards (SABS) approved technical specification number SATS 1286:2011 (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. General Conditions

1.1. Preferential Procurement Regulations, 2011 (Regulation 9) makes provision for the promotion of

local production and content.

1.2. Regulation 9.(1) prescribes that in the case of designated sectors, where in the award of bids local

production and content is of critical importance, such bids must be advertised with the specific bidding condition that only locally produced goods, services or works or locally manufactured goods, with a stipulated minimum threshold for local production and content will be considered.

1.3. Where necessary, for bids 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: 2011 as follows:

LC = [1- x / y] *100

Where x is the imported content in Rand y 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 the South African Reserve Bank (SARB) at 12:00 on the date of advertisement of the bid as required in paragraph 4.1 below.

The SABS approved technical specification number SATS 1286:2011 is accessible on http://www.thedti.gov.za/industrial development/ip.jsp at no cost.

1.6. A bid may be disqualified if –

(a) this Declaration Certificate and the Annex C (Local Content Declaration: Summary Schedule)

are not submitted as part of the bid documentation; and

(b) the bidder fails to declare that the Local Content Declaration Templates (Annex C, D and E)

have been audited and certified as correct.


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2. Definitions

2.1. “bid” includes written price quotations, advertised competitive bids or proposals;

2.2. “bid price” price offered by the bidder, excluding value added tax (VAT);

2.3. “contract” means the agreement that results from the acceptance of a bid by an organ of state;

2.4. “designated sector” means a sector, sub-sector or industry that has been designated by the

Department of Trade and Industry in line with national development and industrial policies for local production, where only locally produced services, works or goods or locally manufactured goods meet the stipulated minimum threshold for local production and content;

2.5. “duly sign”means a Declaration Certificate for Local Content that has been signed by the 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).

2.6. “imported content” means that portion of the bid price represented by the cost of components, parts or materials which have been or are still to be imported (whether by the supplier or its subcontractors) and which costs are inclusive of the costs abroad (this includes labour and intellectual property costs), plus freight and other direct importation costs, such as landing costs, dock duties, import duty, sales duty or other similar tax or duty at the South African port of entry;

2.7. “local content” means that portion of the bid price which is not included in the imported content,

provided that local manufacture does take place;

2.8. “stipulated minimum threshold” means that portion of local production and content as

determined by the Department of Trade and Industry; and

2.9. “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or

employing another person to support such primary contractor in the execution of part of a project in terms of the contract.

3. The stipulated minimum threshold(s) for local production and content (refer to Annex A of

SATS 1286:2011) for this bid is/are as follows:

Description of services, works or goods Stipulated minimum threshold

_______________________________ _______%

_______________________________ _______%

_______________________________ _______% 4. Does any portion of the services, works or goods

offered have any imported content? (Tick applicable box)

YES NO


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4.1 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 the SARB for the specific currency at 12:00 on the date of advertisement of the bid.

The relevant rates of exchange information is accessible on www.reservebank.co.za.

Indicate the rate(s) of exchange against the appropriate currency in the table below (refer to Annex A of SATS 1286:2011):

Currency Rate of Exchange U Dollar Pound Sterling Euro Yen Other

NB: Bidders must submit proof of the SARB rate (s) of exchange used.

5. Were the Local Content Declaration Templates (Annex C, D and E) audited and certified as

correct? (Tick applicable box)

YES NO 5.1. If yes, provide the following particulars:

(a) Full name of auditor: ……………………………………………………… (b) Practice number: ……………………………………………………………………….. (c) Telephone and cell number: ………………………………………………………………. (d) Email address: ………………………………………………………………………..

(Documentary proof regarding the declaration will, when required, be submitted to the satisfaction of the Accounting Officer / Accounting Authority)

6. Where, after the award of a bid, challenges are experienced in meeting the stipulated minimum

threshold for local content the dti must be informed accordingly in order for the dti to verify and in consultation with the Accounting Officer / Accounting Authority provide directives in this regard.


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LOCAL CONTENT DECLARATION (REFER TO

ANNEX B OF SATS 1286:2011) 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. ................................................................................. ISSUED BY: (Procurement Authority / Name of Municipality / Municipal Entity): ......................................................................................................................... NB 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 http://www.thedti.gov.za/industrial development/ip.jsp. 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

(i) 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 1286:2011; and

(ii) the declaration templates have been audited and certified to be correct. (c)The local content percentages (%) indicated below has been calculated using the formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in paragraph 4.1 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 1286:2011 R

Stipulated minimum threshold for local content (paragraph 3 above)

Local content %, as calculated in terms of SATS 1286:2011

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 1286:2011, the rates of exchange indicated in paragraph 4.1 above and the information contained in Declaration D and E.

http://www.thedti.gov.za/industrial%20development/ip.jsp.

http://www.thedti.gov.za/industrial%20development/ip.jsp.


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(d) I accept that the Procurement Authority / Municipality /Municipal Entity has the right to request that the local content be verified in terms of the requirements of SATS 1286:2011. (e) 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 1286:2011, may result in the Procurement Authority / Municipal / Municipal Entity imposing any or all of the remedies as provided for in Regulation 13 of the Preferential Procurement Regulations, 2011 promulgated under the Preferential Policy Framework Act (PPPFA), 2000 (Act No. 5 of 2000).

SIGNATURE: DATE: ___________

WITNESS No. 1 DATE: ___________

WITNESS No. 2 DATE: ___________ CERTIFICATION I, THE UNDERSIGNED (NAME) ……………………………………………………………………… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS CORRECT. I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

………………………………….. …………………………………….. Signature Date

…………………………………. ………………………………………………………………………… Position Name of Bidder

MSCM Regulations: “in the service of the state” means to be –

(g) a member of – (i) any municipal council; (ii) any provincial legislature; or (iii) the national Assembly or the national Council of provinces;

(h) a member of the board of directors of any municipal entity; (i) an official of any municipality or municipal entity; (j) an employee of any national or provincial department, national or provincial public entity or constitutional

institution within the meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999); (k) a member of the accounting authority of any national or provincial public entity; or (l) an employee of Parliament or a provincial legislature.


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MBD 8

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

1 This Municipal Bidding Document must form part of all bids invited.

2 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 The bid of any bidder may be rejected if that bidder, or any of its directors have: a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper

conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. willfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract

during the past five years; or d. 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 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

Item

Question

Yes

No

4.1

Is the bidder or any of its directors listed on the National Treasury’s database as a Yes No

company or person 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 National Treasury after the audi alteram partem rule was

applied).

4.1.1 If so, furnish particulars:

4.2

Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms Yes No

of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of

2004)?

(To access this Register enter the National Treasury’s website,

www.treasury.gov.za, click on the icon “Register for Tender Defaulters” or

submit your written request for a hard copy of the Register to facsimile number

(012) 3265445).


4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law Yes No

outside the Republic of South Africa) for fraud or corruption during the past five years?

http://www.treasury.gov.za/


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Item Question Yes No

4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal Yes No

charges to the municipality / municipal entity, or to any other municipality / municipal

entity, that is in arrears for more than three months?


4.5 Was any contract between the bidder and the municipality / municipal entity or any other organ Yes No

of state terminated during the past five years on account of failure to perform on or comply with

the contract?


CERTIFICATION

I, THE UNDERSIGNED (FULL NAME) …………..……………………………..……

CERTIFY THAT THE INFORMATION FURNISHED ON THIS

DECLARATION FORM 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.

………………………………………... …………………………..

Signature Date

………………………………………. …………………………..

Position Name of Bidder


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MBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid: ________________________________________________________________________

(Bid Number and Description) in response to the invitation for the bid made by: ______________________________________________________________________________

(Name of Municipality / Municipal Entity) do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of:_______________________________________________________that:

(Name of Bidder)

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; and

(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; or

(f) bidding with the intention not to win the bid.


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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.

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.

…………………………………………........……… ......…....………………………………

Signature Date

…………………………………………………. …………………………………

Position Name of Bidder 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.

Moretele Local Municipality CONTRACT/BID NO: MLM/HML/W13/19-20

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DECLARATION

I, ……………………………………………………………………………………………………………. being duly authorized to sign on behalf of the firm, affirm that the PDI equity in this business is as stated above and that the information furnished is true and correct. Signature…………………………………………………………………………………………………………… Name(print)…………………………………………………………………………………………………………

Date ………………………………………………………………………………………………………. Signed on behalf of (print company name) ………………………………………………………………

Address…………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………… Telephone no……………………………………………………………………………… Commissioner of Oath ………………………………………………………………… Date: …………………………………………………………………………………… Signature: ……………………………………………………………………………………

COMMISSIONER OF OATH STAMP Failure to sign the declaration will render the Tender non-responsive


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CONSTRUCTION OF HIGH MAST LIGHTS IN WARD 13

THE CONTRACT

PART C1 AGREEMENT AND CONTRACT DATA PART C2 PRICING DATA PART C3 SCOPE OF WORK PART C4 SITE INFORMATION


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PART C1: AGREEMENT AND CONTRACT DATA C1.1 FORM OF OFFER AND ACCEPTANCE C1.2 PERFORMANCE GUARANTEE C1.3 CONTRACT DATA C1.4 OHS


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C1.1 FORM OF OFFER AND ACCEPTANCE Offer The employer, identified in the acceptance signature block, has solicited offer to enter into a contract for the procurement of: THE RENOVATION AND REFURBISHMENT OF THE MUNICIPAL ADMISTRATION OFFICE The tender, identified in the signature block, has examined the document listed in the tender data and addenda thereto as listed in the tender schedules, and by submitting this offer has accepted the condition of tender. By the representative of the tender, deemed to be duly authorized, signing this part of this form of offer and acceptance, the tender offer to perform all of the obligations and liabilities of the contractor under the contract including compliance with all its terms and condition according to their true intent and meaning for an amount to be determined in accordance with the condition of contract identified in the contract. THE OFFER TOTAL OF THE PRICE INCLUSIVE OF VALUE ADDED TAX IS (CONTRACT PRICE) ………………………………………………………………………………………………………………… Rand (in words)……………………………………………………………………………….. (In figure) 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 condition of contract identified in the contract data Signature(s)…………………………………. …………………………………………………… Names(s) ………………………………... …………………………………………………… Capacity …………………………………… ……………………………………………………. For the tender………………………………… ……………………………………………………… (Name and address of organization) Name and Signature of Witness ……………………………….. Date…………………………………………………… Acceptance


Page 68 of 221

By signing this part of this 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 condition 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 condition contained in this agreement and in the contract that is the subject of this agreement. The terms of the contract are contained in:

PART C1 Agreement and contract data (which includes this agreement) PART C2 Pricing data PART C3 Scope of work PART C4 Site information

and drawing and document or part thereof, which may incorporate by reference into Par C1 to C4 above. Deviation from and amendments to the documents listed in the tender data and any addenda thereto as listed in the tender schedule 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 this schedule of deviations attached to and forming part of this agreement .no amendment to or deviation from said documents are valid unless contained in this schedule ,which must be signed by the authorized representative (s) of both parties. The tenderer shall within two weeks after receiving a completed copy of this agreement, including the schedule of deviation (if any) , contact the employer’s agent( whose details are given in the contract data) to arrange the delivery of any bonds, guarantees, proof 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 tendered receive one fully completed original copy of this document, including the schedule of any deviation (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 shall constitute a binding contract between the parties. Signature(s)…………………………………. …………………………………………………… Names(s) ………………………………... …………………………………………………… Capacity …………………………………… ……………………………………………………. For the tender………………………………… ……………………………………………………… (Name and address of organization) Name and Signature of Witness ……………………………….. Date……………………………………………………


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Schedule of Deviation

Item Deviation Details

By the duly authorized representatives signing this schedule of deviation, the employer and tenderer agree to and accept the foregoing schedule of deviations as the only deviations from and amendments to the document listed in the tender data and addenda thereto as listed in the tender schedules, as well as any confirmation, clarification or changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Agreement shall have any meaning or effect in the contract between the parties arising from this agreement . For the Contractor Signature(s)………………………………….…………………………………………………… Names(s) ………………………………...…………………………………………………… Capacity …………………………………………………………………………………………. For the tender……………………………………………………………….……………………

(Name and address of organization) Name and Signature of Witness ……………………………….. Date…………………………………………………… For the Employer Signature(s)…………………………………. …………………………………………………… Names(s) ………………………………... …………………………………………………… Capacity …………………………………………………………………………………………. For the tender………………………………… ……………………………………………………… (Name and address of organization) Name and Signature of Witness ……………………………….. Date……………………………………………………

Moretele Local Municipality CONTRACT NO: MLM/HML/W13/P2/20-21

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C1.2 FORM OF GUARANTEE

FORM OF GUARANTEE

CONTRACT NO. MLM/HML/W13/P2/20-21

WHEREAS ...................................................................................................................

at ...............................................................................................................

(Hereinafter referred to as "the Employer")

entered into, on the ........... Day of ............................2015, at …………………………………….

a Contract with ...................................................................................................................

at ................................................................................................………...

(Hereinafter called "The Contractor")

for the construction of ...................................................................................................................

..................................................................................................................................………………

AND WHEREAS it is provided by such Contract that the Contractor shall provide the Employer with

security by way of suretyship for the due and faithful fulfilment of such Contract by the Contractor;

AND WHEREAS ..........................................................................................................……………

has/have at the request of the Contractor, agreed to give such security;

NOW THEREFORE WE, ................................................................................................………….

do hereby guarantee and bind ourselves jointly and severally as Sureties and Co-principal Debtors to

the Employer under renunciation of the benefits of division and excursion for the due and faithful

performance by the Contractor of all the terms and conditions of the said Contract, subject to the

following conditions.

1. The Employer shall, without reference and/or notice to us, have complete liberty of action to

act in any manner authorised and/or contemplated by the terms of the said contract, and/or to

agree to any modifications, variations, alterations, directions or extensions of the Due

Completion Date of the Works under the said Contract, and that its rights under this guarantee

shall in no way be prejudiced nor our liability hereunder be affected by reason of any steps

which the Employer may take under such Contract, or of any modification, variation,

alterations of the Due Completion Date which the Employer may make, give, concede or

agree to under the said Contract.

2. The Employer shall be entitled, without reference to us, to release any securities held by it,

and to give time to or compound or make any other arrangement with the Contractor.

3. This guarantee shall remain in full force and effect until the issue of the Certificate of

Completion in terms of the Contract, unless we are advised in writing by the Employer before

the issue of the said Certificate of his intention to institute claims, and the particulars thereof,

in which event this guarantee shall remain in full force and effect until all such claims have

been paid or liquidated.


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4. Our total liability hereunder shall not exceed the sum of (R………………………….).

5. We hereby choose domicilium citandi et executandi for all purposes arising hereof at

...............................................................................................................……………………

IN WITNESS WHEREOF this guarantee has been executed by us at ........................... on

this................ day of ........................ 2020.

As witnesses:

1........................................ Signature......................................................

2........................................ Duly authorised to

sign on behalf of ....................................

Address ....................................

....................................

....................................


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C1.3 CONTRACT DATA C1.3.1 Contract Specific Data The conditions of contract are the General Conditions of contract for Construction works (2nd edition 2010) published by the South African Institution of Electrical Engineering. Section1: Data provide by the Employer

Clause

1.1.1.5 Clause 1.1.1.5 of the GCC is replaced by the following : The “Commencement date” shall be the date the site is handed over to the Contractor

1.1.1.15 The employer is the Moretele Local Municipality

1.1.15 The Engineer is Bakone Consulting Engineers CC

1.2.1 The employers address for receipt of communication is: Telephone: (012) 998 1225 Facsimile: (012) 998 1169 e-mail: Address: P.O Box 72360, Lynwoodridge, 0040

1.1.1.6 Engineers means any director, associate or professional engineer appointed by a Director of Consulting Services (PTY) Ltd to fulfil the functions of the Engineer in terms of Contract Data

1.2.1 The engineers address for receipt of communication is: Telephone Tel: +27(12) 998 1225, Fax: 012 998 1169 [email protected] Address no. 581 Mendelssohn Street, Constantia park, Pretoria

1.1.1.12 The year-end break commence on 11 December 2015 and ends on 11 January 2016

3.1 The engineer is required in terms of his appointment with the employer to obtain the following specific approvals from the employer: e.g.

1. Approval of extension of time 2. Approval of additional costs 3. Approval of variation orders 4. Approval of penalties 5. Approval from Moretele Local Municipality for the utilization of any

contingencies.

6.2 The Guarantees is to contain the same wording as the document included as C 1.3 under returnable documents.

6.2 The amounts of the Guarantee is to be 10% of the contract price

6.2.2 The Guarantee is to be delivered twenty one (21) days after the letter of Acceptance

5.3 The works are to be commenced within 14 days of the commencement date taken as date of site hand over.

5.6 The works programme is to be delivered within 14 days of the commencement Date taken as Date taken as date of Site Hand –over.

8.6 The amount to be included in the sum insured to cover the value of:

8.6.1.1.2 a) Materials supplied by the employer for incorporation into the works is R…….. N/A

8.6.1.1.3 b) professional fees not included in the Contract price is R………..N/A

8.6.1.3 The limit of the liability insurance required is equal is equal to the contract price

8.6.1.5 The following additional and varied insurance are required are required: Insurance of the works, contract price plus 10% of the contract price (CAR &SASRIA)

6.5.1 Daywork allowance as tendered in section 1800 of Bill of Quantities :’ Material at cost plus 15%

5.5.1 The works shall be completed within 5 month as envisaged by the employer

5.13.1 The penalty for delay is 0.1% of the contract sum per working day or part thereof

tel:+27(12)


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6.8.2 The value of payment certificate is to be adjusted in accordance with the contract price adjustments schedule, where The value of “x” is 0,150 The value of the co- efficient are: (1-X)

CPA: Estimate more than R10 000 000. New High Mast Lights Installation Rehabilitation Labour intensive X= 0.15 ………………….. ……………………. a=0.30 0.26 0.42 b=0.30 0.30 0.40 c=0.37 0.37 0.13 d=0.08 0.07 0.05 “L” is the” Labour Index” and shall be the “ Consumer Price Act” for the urban area specified in the Contract ,as published in statistical Release P 0141.1 on table 21 of statistics South Africa. “P” is the “plant index” and “Electrical Engineering plant” index as published in statistical Release P0142.1 in table 16 of statistic South Africa “M” is the “Material Index” and shall be price index for “Electrical Engineering” statistical Release P0142.1 in table 16 of statistic South Africa “F” is the Full Index and shall be the index for Electrical Engineering statistical Release P0142.1 in table 16of statistic South Africa The suffix “o” denotes the basic indices applicable to the base month, which shall be the month prior to the month in which the closing date for the tender fall The suffix “t” denotes the basic indices applicable to the base month, which the last day of the period falls to which the relevant payment certificate relates If any index relevant to any particular certificate is not known at the time when the certificate is prepared, the Engineer shall estimate the value of such index. Any correction, which may be necessary when the correct indices become known, shall be made by the engineer in subsequent payment certificates The urban area nearest the site is Hammanskraal The base month is August 2017 (the month prior to the month in which the closing date of the tender fall)

6.8.3

Specified on Form T2.3D The rates and price for special materials shall furnished by the contractor, which rate and prices ex refinery with base date specified under46.2 and shall exclude VAT but shall include all other obligatory taxes and levies on the basis specified in the contractor price adjustment Schedule (paragraph 4(1) and 4(2)


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6.10.1.5 The percentage limit on material not yet built into permanent work is 80%

6.10.3 The percentage retention is 10% of the tender sum (excluding CPA and VAT)

6.10.3 The limit of retention money is 10% of the tender sum (excluding CPA and VAT)

6.10.4 Minimum amount of interim payment certificate is R500 000-00.

6.10.5 A retention money Guarantee is permitted

1.1.1.13.1&7.8.1 The defects liability period is twelve (12) calendar months after final completion date

Dispute are to be referred to mediation

Disputes are to be referred for final settlement to arbitrations.

Special Clause in terms of RDP

Requirements in terms of Reconstruction Development Programme. Target Values In this contract the minimum target value shall be as follows: Labour Maximisation : 10% ABE Support : 25% HID Supervisory staff : 10% The penalties for not reaching required target values will be calculated at 20% of the difference between the set target values and the actual target values achieved by the contractor at the completion of the works. No bonuses for achieving the set target values are applicable.


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Section 2: Date provided by the contractor

Clause

1.1.8

The contractor is ………………………………………………………………………………………………………..

1.2 The contractor’s address for receipt of communication is: Tel:................................................................. Facsimile………………………………………………….………. E-mail:…………………………………………..……………… …………………………………………………………………………………. Address:……………………………………………………..…… …………………………………………………………………………………………….

37.2.2.3 The percentage allowance to cover all charges for the contractor’s and subcontractor’s profits, timekeeping clerical work, insurance, establishment ,superintendence and the use of hand tools is……………………….%

42.1 The works shall be completed within…………………………….. Month as proposed by the contractor.

46.3 The rate for special material , exclusive of Value Added Tax is to be completed in the schedule on page T2.3 B


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C1.3.2 Variations to the General Condition of Contract The following amendments of the General Conditions of Contract 2010 apply to this contract. The headings in these Special Condition of Contract shall not be deemed to be part thereof nor taken into consideration in the interpretation or construction thereof or of the Contract.

4 CONTRACTOR’S GENERAL OBLIGATIONS

4.1 EXTENT OF OBLIGATIONS AND LIABILITY Change the number of clause 4.1.1 to 4.1.2 to read 4.1.2 and 4.1.3. Add the following: 4.1.1 Contractor deemed to have inspected the Site The Contractor shall be deemed to have inspected and examined the Site and its surroundings and

information available in connection therewith and to have satisfied himself before submitting his tender (as far as practicable) as to

a) The form and nature of the Site and its surroundings, including subsurface conditions, b) The hydrological and climatic conditions, c) The extent and nature of work and materials necessary for the execution and completion of the

Works, d) The means of access to the Site and the Accommodation he may require

and in general, shall be deemed to have obtained all information (as far as is practicable) as to risk, contingencies and all other circumstances which may influence or affect his tender. No subsequent claims by the Contractor arising from his lack of knowledge of perceptible conditions on the site or its surroundings or of information available in connection therewith shall be entertained.

4.1.2 Extent of Contractor’s obligations Add the following to this sub-clause: The Contractor shall, save in so far as it is legally or physically impossible,

a) Design (to the extent provided in the Contract), execute and complete the Works and remedy any defects therein in accordance with the provisions of the Contract, and

b) Provide all superintendence, labour, materials, Construction Equipment, Temporary Works, including the design thereof, all requisite transport and all other things, whether of a temporary or permanent nature, required in and for such design, execution and completion of the Works and for the remedying of any defects, so far as the necessity for providing the same is specified in or reasonably to be inferred from the Contract.

c) After award of the Contract, the Contractor shall be obliged to ensure that at least the Construction

Equipment stated on the prescribed for in the Tender Documents, or Construction Equipment equivalent thereto, are on the site when required.


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4.3 LEGAL PROVISIONS Add the following sub-sub clauses: 4.3.1.1 Mine Health and Safety Act, number 29 of 1996 The Employer shall obtain the Mining Authorisation for all sites where mining activities, as defined in

the Mine Health and Safety Act, number 29 of 1996 as amended, are to be conducted. 4.3.1.2 Mineral Resources Petroleum Development Act, number 28 of 2002 The Contractor shall assume responsibility for the Environmental Management Program (EMPR) in

respect of the sites and shall ensure that the sites are rehabilitated at the conclusion of the contract. 4.4 SUBCONTRACTING Add the following sub clauses: 4.4.7 Continuing obligation extending beyond date of completion of the work In the event of a Selected Subcontractor having undertaken to the Contractor, in respect of work

executed or goods or materials supplied by such selected Subcontractor, any continuing obligation extending beyond the date of completion of the work or the end of the Defects Liability Period, and Latent Defect Liability Period as the case may be, the Contractor shall at any time after such date cede to the Employer, at the Employer’s request and cost, the benefit of such obligation for the unexpired duration thereof, whereupon the Employer shall have no further claim against the Contractor in respect of the said continuing obligation.

4.4.8 Convert the subcontract If the contract shall have been cancelled in terms of clause 9.2, the Employer shall have the right, by

written notice given to any Selected Subcontractor not later than 28 days after the said cancellation, to convert the subcontract concerned to a direct contract between the Employer and Subcontractor.

Provided that:

a) The terms of the said direct contract shall mutatis mutandis be those of the subcontract concerned, and

b) The Employer shall have the said right, notwithstanding any breach of the subcontract by the

Contractor, subject to his forthwith paying to the Subcontractor all amounts then owing to the Subcontractor by the Contractor and perform any obligation which the Contractor has failed to perform.

4.9 CONSTRUCTION EQUIPMENT

Add the following sub clauses:

4.9.2 Preclude seizure of construction equipment

In order to preclude seizure by the owner of any constructional plant being held by the Contractor on a hire or hire-purchase agreement for the purpose of the contract, the Employer shall be entitled to pay any such owner the amount of any outstanding installment or other sum owing under any hire or hire-purchase agreement and in the event of his doing so, any amount thus paid by him shall be a debt payable to the Employer by the Contractor and may be deducted by the Employer from any moneys owing or that may become owing to the Contractor in terms of the contract, or be recovered at law from the Contractor by the Employer.

4.9.3 Constructional plant brought to the site by the subcontractor


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When entering into any subcontract agreement for the execution of any part of the works, the

Contractor shall arrange with the owners or tenants for the additional land required and pay all rent and costs in connection therewith. The Contractor shall be responsible for all damage to such land and property, and he shall indemnify the Employer and hold him harmless in respect of all claims, demands proceedings, damages, costs, including attorneys and client costs, charges and expenses arising in respect thereof.

5.14 COMPLETION Delete the following: “5.14.5.3 The retention shall be reduced to half in terms of Clause 6.10.5” 5.16 APPROVAL 5.16.1 Final Approval Certificate Delete the last sentence of this clause and replace with: The payment of the retention money or the release of the retention money guarantee shall only be

permitted after the engineer has issued the Final approval Certificate. 6 PAYMENT AND RELATED MATTERS 6.6 PROVISIONAL SUMS AND PRIME COST SUMS 6.6.1.2.1 In the first line after the word “sums” insert “excluding VAT” 6.6.1.2.2 In the fourth line after the word “amount” insert “excluding VAT” 6.10.5 Payment of retention money Delete the first four lines where reference is made to the first half of retention. The paragraph should

read: Retention money shall become due when the Engineer shall have certified payment thereof within 14

days after the expiration of the Defects Liability Period, extended if necessary in terms of Clause 5.14.4 or 7.8.1. No retention, or part thereof, will hence be payable upon the issue of a certificate of Completion as indicated in Clause 5.14.5.3.

6.11 VARIATIONS EXCEEDING 15 PER CENT 6.11.1 Second paragraph: Change “15%” to “30%” Add the following subclause: 6.11.2 Variations exceeding 30% (per cent) Where the decrease or increase in the quantity of work has not resulted from a written variation order

(or an additional agreement) in terms of clause 5.11 but from the fact that the quantities are less or more than those given in the bill of quantities, the tendered rates or sums shall still apply, except in the case of a sub-item (or an item not subdivided into sub-items) in the bill of quantities, which covers work the value of which during the tender stage exceeds 7.5% of the value of the tender sum, and where quantity of such sub-item or item, upon completion of the contract, deviates by more than 30% from the quantity given in the bill of quantities so that the scale of activities or the method of construction consequently changes to such an extent that the tendered rate or sum no longer applies. In such case, the engineer, should he deem it to be in the interest of the Employer or should the Contractor enter a claim, shall considering the extent by which the deviation in respect of the quantity of the sub-item or item concerned exceeds 30%, determine a sum which will be equitable in the circumstances, and shall certify that such sum shall be deducted from or added to the sums owing to the Contractor.”


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C1.4 AGREEMENT IN TERMS OF THE OCUPATIONAL HEALTH AND SAFETY ACT, 1993 (ACT NO 85 OF 1993) THIS AGREEMENT made at ____________________________________________________ on this the _________________ day of ________________________________ in the year ______________

between THE Moretele Local Municipality(hereinafter called "the Employer") of the one part, herein

represented by in his capacity as ______________________________________________________________________ and

(hereinafter called "the Mandatory") of the other part, herein represented by

in his capacity as ___________________________________________________________________________ WHEREAS the Employer is desirous that certain works be constructed, viz, CONTRACT NO. MLM/HML/W20/12-17- CONSTRUCTION OF HIGH MAST LIGHTS IN WARD 20 and has accepted a Bid by the Mandatory for the construction, completion and maintenance of such Works and whereas the Employer and the Mandatory have agreed to certain arrangements and procedures to be followed in order to ensure compliance by the Mandatory with the provisions of the Occupational Health and Safety Act, 1993 (Act 85 of 1993); NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS: 1 The Mandatory shall execute the work in accordance with the Contract Documents pertaining to this

Contract. 2 This Agreement shall hold good from its Commencement Date, which shall be the date of a written notice

from the Employer or Engineer requiring him to commence the execution of the Works, to either (a) the date of the Final Approval Certificate issued in terms of Clause 5.16.1 of the General

Conditions of Contract (hereinafter referred to as "the GCC"), (b) the date of termination of the Contract in terms of Clauses 9.1of the GCC. 3 The Mandatory declares himself to be conversant with the following: (a) All the requirements, regulations and standards of the Occupational Health and Safety Act (Act 85

of 1993), hereinafter referred to as "The Act", together with its amendments and with special reference to the following Sections of The Act:

(i) Section 8 : General duties of employers to their employees; (ii) Section 9 : General duties of employers and self-employed persons to persons

other than employees; (iii) Section 37 : Acts or omissions by employees or mandataries, and

(iii) Subsection 37(2) relating to the purpose and meaning of this Agreement.


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(b) The procedures and safety rules of the Employer as pertaining to the Mandatory and to all his

subcontractors. 4 In addition to the requirements of Clause 8 of the GCC and all relevant requirements of the above-

mentioned Volume 3, the Mandatory agrees to execute all the Works forming part of this Contract and to operate and utilise all machinery, plant and equipment in accordance with the Act.

5 The Mandatory is responsible for the compliance with the Act by all his subcontractors, whether or not

selected and/or approved by the Employer. 6 The Mandatory warrants that all his and his subcontractors' workmen are covered in terms of the

Compensation for Occupational Injuries and Diseases Act, 1993 which cover shall remain in

force whilst any such workmen are present on site. A letter of good standing from the

Compensation Commissioner to this effect must be produced to the Employer upon signature

of the agreement.

7 The Mandatory undertakes to ensure that he and/or subcontractors and/or their respective employers

will at all times comply with the following conditions:

(a) The Mandatory shall assume the responsibility in terms of Section 16.1 of the Occupational

Health and Safety Act. The Mandatory shall not delegate any duty in terms of Section 16.2 of

this Act without the prior written approval of the Employer. If the Mandatory obtains such

approval and delegates any duty in terms of section 16.2 a copy of such written delegation shall

immediately be forwarded to the Employer.

(b) All incidents referred to in the Occupational Health and Safety Act shall be reported by the

Mandatory to the Department of Labour as well as to the Employer. The Employer will further be

provided with copies of all written documentation relating to any incident.

(c) The Employer hereby obtains an interest in the issue of any formal inquiry conducted in terms of

section 32 of the Occupational Health and Safety Act into any incident involving the Mandatory

and/or his employees and/or his subcontractors.

In witness thereof the parties hereto have set their signatures hereon in the presence of the subscribing witnesses: SIGNED FOR AND ON BEHALF OF THE EMPLOYER: WITNESS 1 ....................………………………. NAME 1 ...................................……………. (IN CAPITALS) SIGNED FOR AND ON BEHALF OF THE MANDATORY: WITNESS 1 ....................………………………. . NAME 1 ...................................……………. (IN CAPITALS)


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OCCUPATIONAL HEALTH AND SAFETY ACT, 1993, CONSTRUCTION REGULATIONS, 2014 The Minister of Labour has under section 43 of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), after consultation with the Advisory Council for Occupational Health and Safety, made the regulations in the Schedule. Construction Regulation 2014 Definitions 1. In these Regulations any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned and, unless the context otherwise indicates- "agent" means a competent person who acts as a representative for a client; "angle of repose" means the steepest angle of a surface at which a mass of loose or fragmented material will remain stationary in a pile on the surface, rather than sliding or crumbling away; "bulk mixing plant" means machinery, appliances or other similar devices that are assembled in such a manner so as to be able to mix materials in bulk for the purposes of using the mixed product for construction work; "client" means any person for whom construction work is being performed; "competent person" means a person who- (a) has in respect of the work or task to be performed the required knowledge, training and experience and, where applicable, qualifications, specific to that work or task: Provided that where appropriate qualifications and training are registered in terms of the provisions of the National Qualification Framework Act, 2000 (Act No.67 of 2000), those qualifications and that training must be regarded as the required qualifications and training; and (b) is familiar with the Act and with the applicable regulations made under the Act; "construction manager" means a competent person responsible for the management of the physical construction processes and the coordination, administration and management of resources on a construction site; "construction site" means a work place where construction work is being performed; "construction supervisor" means a competent person responsible for supervising construction activities on a construction site; "construction vehicle" means a vehicle used as a means of conveyance for transporting persons or material, or persons and material, on and off the construction site for the purposes of performing construction work; "construction work" means any work in connection with – (a) the construction, erection, alteration, renovation, repair, demolition or dismantling of or addition to a building or any similar structure; or (b) the construction, erection, maintenance, demolition or dismantling of any bridge, dam, canal, road, railway, runway, sewer or water reticulation system; or the moving of earth, clearing of land, the making of excavation, piling, or any similar Electrical Engineering structure or type of work; "construction work permit" means a document issued in terms of regulation 3; "contractor" means an employer who performs construction work;


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"demolition work" means a method to dismantle, wreck, break, pull down or knock down of a structure or part thereof by way of manual labour, machinery, or the use of explosives; "design" in relation to any structure, includes drawings, calculations, design details and specifications; "designer" means-

(a) a competent person who-

(i) prepares a design;

(ii) checks and approves a design;

(iii) arranges for a person at work under his or her control to prepare a design, including an

employee of that person where he or she is the employer; or

(iv) designs temporary work, including its components;

(b) an architect or engineer contributing to, or having overall responsibility for a design; (c) a building services engineer designing details for fixed plant; (d) a surveyor specifying articles or drawing up specifications; (e) a contractor carrying out design work as part of a design and building project; or (f) an interior designer, shop-fitter or landscape architect; "excavation work" means the making of any man-made cavity, trench, pit or depression formed by cutting, digging or scooping; "explosive actuated fastening device" means a tool that is activated by an explosive charge and that is used for driving bolts, nails and similar objects for the purpose of providing fixing; "fall arrest equipment" means equipment used to arrest a person in a fall, including personal equipment, a body harness, lanyards, deceleration devices, lifelines or similar equipment; "fall prevention equipment" means equipment used to prevent persons from falling from a fall risk position, including personal equipment, a body harness, lanyards, lifelines or physical equipment such as guardrails, screens, barricades, anchorages or similar equipment; "fall protection plan" means a documented plan, which includes and provides for- (a) all risks relating to working from a fall risk position, considering the nature of work undertaken; (b) the procedures and methods to be applied in order to eliminate the risk of falling; and (c) a rescue plan and procedures; "fall risk" means any potential exposure to falling either from, off or into; "health and safety file" means a file, or other record containing the information in writing required by these Regulations; "health and safety plan" means a site, activity or project specific documented plan in accordance with the client's health and safety specification; "health and safety specification" means a site, activity or project specific document prepared by the client pertaining to all health and safety requirements related to construction work;


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"material hoist" means a hoist used to lower or raise material and equipment, excluding passengers; "medical certificate of fitness" means a certificate contemplated in regulation 7(8); "mobile plant" means any machinery, appliance or other similar device that is able to move independently, and is used for the purpose of performing construction work on a construction site; "National Building Regulations" means the National Building Regulations made under the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977), and promulgated by Government Notice No. R. 2378 of 30 July 1990, as amended by Government Notices No's R. 432 of 8 March 1991, R. 919 of 30 July 1999 and R. 547 of 30 May 2008; "person day" means one normal working shift of carrying out construction work by a person on a construction site; "principal contractor" means an employer appointed by the client to perform construction work; "Professional Engineer or Professional Certificated Engineer" means a person holding registration as either a Professional Engineer or Professional Certificated Engineer in terms of the Engineering Profession Act, 2000 (Act No. 46 of 2000); "Professional Technologist" means a person holding registration as a Professional Engineering Technologist in terms of the Engineering Profession Act, 2000; "provincial director" means the provincial director as defined in regulation 1 of the General Administrative Regulations, 2003; "scaffold" means a temporary elevated platform and supporting structure used for providing access to and supporting workmen or materials or both; "shoring" means a system used to support the sides of an excavation and which is intended to prevent the cave-in or the collapse of the sides of an excavation; "structure" means-

(a) any building, steel or reinforced concrete structure (not being a building), railway line or siding, bridge, waterworks, reservoir, pipe or pipeline, cable, sewer, sewage works, fixed vessels, road, drainage works, earthworks, dam, wall, mast, tower, tower crane, bulk mixing plant, pylon, surface and underground tanks, earth retaining structure or any structure designed to preserve or alter any natural feature, and any other similar structure; (b) any false work, scaffold or other structure designed or used to provide support or means of access during construction work; or (c) any fixed plant in respect of construction work which includes installation, commissioning, decommissioning or dismantling and where any construction work involves a risk of a person falling; "suspended platform" means a working platform suspended from supports by means of one or more separate ropes from each support; "temporary works" means any false work, formwork, support work, scaffold, shoring or other temporary structure designed to provide support or means of access during construction work; "the Act" means the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993); "tunneling" means the construction of any tunnel beneath the natural surface of the earth for a purpose other than the searching for or winning of a mineral.


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Scope of application 2. (1) These Regulations are applicable to all persons involved in construction work. (2) Regulations 3 and 5 are not applicable where the construction work carried out is in relation to a single storey dwelling for a client who intends to reside in such dwelling upon completion thereof. Application for construction work permit 3. (1) A client who intends to have construction work carried out, must at least 30 days before that work is to be carried out apply to the provincial director in writing for a construction work permit to perform construction work if the intended construction work will- (a) exceed 180 days; (b) will involve more than 1800 person days of construction work; or

(c) the works contract is of a value equal to or exceeding thirteen million rand or Construction Industry Development Board (CIDB) grading level 6. (2) An application contemplated in subregulation (1) must be done in a form similar to Annexure 1. (3) The provincial director must issue a construction work permit in writing to perform construction work contemplated in subregulation (1) within 30 days of receiving the construction work permit application and must assign a site specific number for each construction site. (4) A site specific number contemplated in subregulation (3) must be conspicuously displayed at the main entrance to the site for which that number is assigned. (5) A construction work permit contemplated in this regulation may be granted only if- (a) the fully completed documents contemplated in regulation 5(1)(a) and (b) have been submitted; and

(b) proof in writing has been submitted-

(i) that the client complies with regulation 5(5)

(ii) with regard to the registration and good standing of the principal contractor

as contemplated in regulation 5(1)0); and

(iii) that regulation 5(1)(c), (d), (e), (g) and (h) has been complied with.

(6) A client must ensure that the principal contractor keeps a copy of the construction work permit Contemplated in subregulation (1) in the occupational health and safety file for inspection by an inspector, the client, the lient's authorised agent, or an employee. (7) No construction work contemplated in subregulation (1) may be commenced or carried out before the construction work permit and number contemplated in subregulation (3) have been issued and assigned. (8) A site specific number contemplated in subregulation (3) is not transferrable. Notification of construction work 4. (1) A contractor who intends to carry out any construction work other than work contemplated in regulation (1), must at least 7 days before that work is to be carried out notify the provincial director in writing in a form similar to Annexure 2 if the intended construction work will- (a) include excavation work;

(b) include working at a height where there is risk of falling;

(c) include the demolition of a structure; or

(d) include the use of explosives to perform construction work.


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(2) A contractor who intends to carry out construction work that involves construction of a single storey dwelling for a client who is going to reside in such dwelling upon completion, must at least 7 days before that work is to be carried out notify the provincial director in writing in a form similar to Annexure 2 Duties of client 5. (1) A client must- (a) prepare a baseline risk assessment for an intended construction work project;

(b) prepare a suitable, sufficiently documented and coherent site specific health and safety specification for the

intended construction work based on the baseline risk assessment contemplated in paragraph (a);

(c) provide the designer with the health and safety specification contemplated in paragraph (b);

(d) ensure that the designer takes the prepared health and safety specification into consideration during the

design stage;

(e) ensure that the designer carries out all responsibilities contemplated in regulation 6;

(f) include the health and safety specification in the tender documents;

(g) ensure that potential principal contractors submitting tenders have made adequate provision for the cost of

health and safety measures;

(h) ensure that the principal contractor to be appointed has the necessary competencies and resources to carry

out the construction work safely;

(i) take reasonable steps to ensure co-operation between all contractors appointed by the client to enable each of

those contractors to comply with these Regulations;

(j) ensure before any work commences on a site that every principal contractor is registered and in good standing

with the compensation fund or with a licensed compensation insurer as contemplated in the Compensation for

Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);

(k) appoint every principal contractor in writing for the project or part thereof on the construction site;

(l) discuss and negotiate with the principal contractor the contents of the principal contractor's health and safety

plan contemplated in regulation 7(1), and must thereafter finally approve that plan for implementation;

(m) ensure that a copy of the principal contractor's health and safety plan is available on request to an employee,

inspector or contractor;

(n) take reasonable steps to ensure that each contractor's health and safety plan contemplated in regulation

7(1)(a) is implemented and maintained;

(o) ensure that periodic health and safety audits and document verification are conducted at intervals mutually

agreed upon between the principal contractor and any contractor, but at least once every 30 days;

(p) ensure that a copy of the health and safety audit report contemplated in paragraph

(o) is provided to the principal contractor within seven days after the audit;

(q) stop any contractor from executing a construction activity which poses a threat to the health and safety of

persons which is not in accordance with the client's health and safety specifications and the principal contractor's

health and safety plan for the site;

(r) where changes are brought about to the design or construction work, make sufficient health and safety

information and appropriate resources available to the principal contractor to execute the work safely; and


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(s) ensure that the health and safety file contemplated in regulation 7(1)(b) is kept and maintained by the principal

contractor.

(2) Where a client requires additional work to be performed as a result of a design change or an error in construction due to the actions of the client, the client must ensure that sufficient safety information and appropriate additional resources are available to execute the required work safely. (3) Where a fatality or permanent disabling injury occurs on a construction site, the client must ensure that the contractor provides the provincial director with a report contemplated in section 24 of the Act, in accordance with regulations 8 and 9 of the General Administrative Regulations, 2013, and that the report includes the measures that the contractor intends to implement to ensure a safe construction site as far as is reasonably practicable.

(4) Where more than one principal contractor is appointed as contemplated in subregulation (1)(k), the client must take reasonable steps to ensure co-operation between all principal contactors and contractors in order to ensure compliance with these Regulations.

(5) Where a construction work permit is required as contemplated in regulation 3(1), the client must, without derogating from his or her health and safety responsibilities or liabilities, appoint a competent person in writing as an agent to act as his or her representative, and where such an appointment is made the duties that are imposed by these Regulations upon a client, apply as far as reasonably practicable to the agent so appointed. (6) Where notification of construction work is required as contemplated in regulation 4(1), the client may, without derogating from his or her health and safety responsibilities or liabilities, appoint a competent person in writing as an agent to act as his or her representative, and where such an appointment is made the duties that are imposed by these Regulations upon a client, apply as far as reasonably practicable to the agent so appointed: Provided that, where the question arises as to whether an agent is necessary, the decision of an inspector is decisive. (7) An agent contemplated in subregulations (5) and (6) must-

(a) manage the health and safety on a construction project for the client; and

(b) be registered with a statutory body approved by the Chief Inspector as qualified to perform the required functions; (8) When the chief inspector has approved a statutory body as contemplated in subregulation (7)(b), he or she must give notice of that approval in the Gazette. Duties of designer 6. (1) The designer of a structure must- (a) ensure that the applicable safety standards incorporated into these Regulations under section 44 of the Act

are complied with in the design;

(b) take into consideration the health and safety specification submitted by the client;


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(c) before the contract is put out to tender, make available in a report to the client-

(i) all relevant health and safety information about the design of the relevant structure that may affect the pricing

of the construction work;

(ii) the geotechnical-science aspects, where appropriate; and

(iii) the loading that the structure is designed to withstand;

(d) inform the client in writing of any known or anticipated dangers or hazards relating to the construction work, and make available all relevant information required for the safe execution of the work upon being designed or when the design is subsequently altered; (e) refrain from including anything in the design of the structure necessitating the use of dangerous procedures or materials hazardous to the health and safety of persons, which can be avoided by modifying the design or by substituting materials; (f) take into account the hazards relating to any subsequent maintenance of the relevant structure and must make provision in the design for that work to be performed to minimize the risk (g) when mandated by the client to do so, carry out the necessary inspections at appropriate stages to verify that the construction of the relevant structure is carried out in accordance with his design: Provided that if the designer is not so mandated, the client's appointed agent in this regard is responsible to carry out such inspections; (h) when mandated as contemplated in paragraph (g), stop any contractor from executing any construction work which is not in accordance with the relevant design's health and safety aspects: Provided that if the designer is not so mandated, the client's appointed agent in that regard must stop that contractor from executing that construction work; (i) when mandated as contemplated in paragraph (g), in his or her final inspection of the completed structure in accordance with the National Building Regulations, include the health and safety aspects of the structure as far as reasonably practicable, declare the structure safe for use, and issue a completion certificate to the client and a copy thereof to the contractor; and (j) during the design stage, take cognisance of ergonomic design principles in order to minimize ergonomic related hazards in all phases of the life cycle of a structure. (2) The designer of temporary works must ensure that- (a)all temporary works are adequately designed so that it will be capable of supporting all anticipated vertical and lateral loads that may be applied; (b) the designs of temporary works are done with close reference to the structural design drawings issued by the contractor, and in the event of any uncertainty consult the contractor; (c) all drawings and calculations pertaining to the design of temporary works are kept at the office of the temporary works designer and are made available on request by an inspector; and (d) the loads caused by the temporary works and any imposed loads are clearly indicated in the design.


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Duties of principal contractor and contractor 7. (1) A principal contractor must- (a) provide and demonstrate to the client a suitable, sufficiently documented and coherent site specific health and safety plan, based on the client's documented health and safety specifications contemplated in regulation 5(1)(b), which plan must be applied from the date of commencement of and for the duration of the construction work and which must be reviewed and updated by the principal contractor as work progresses; (b) open and keep on site a health and safety file, which must include all documentation required in terms of the Act and these Regulations, which must be made available on request to an inspector, the client, the client's agent or a contractor; and (c) on appointing any other contractor, in order to ensure compliance with the provisions of the Act- (i) provide contractors who are tendering to perform construction work for the principal contractor, with the relevant sections of the health and safety specifications contemplated in regulation 5 (1) (b) pertaining to the construction work which has to be performed; (ii) ensure that potential contractors submitting tenders have made sufficient provision for health and safety measures during the construction process; (iii) ensure that no contractor is appointed to perform construction work unless the principal contractor is reasonably satisfied that the contractor that he or she intends to appoint, has the necessary competencies and resources to perform the construction work safely; (iv) ensure prior to work commencing on the site that every contractor is registered and in good standing with the compensation fund or with a licensed compensation insurer as contemplated in the Compensation for Occupational Injuries and Diseases Act, 1993; (v) appoint each contractor in writing for the part of the project on the construction site; (vi) take reasonable steps to ensure that each contractor's health and safety plan contemplated in subregulation (2)(a) is implemented and maintained on the construction site; (vii) ensure that the periodic site audits and document verification are conducted at intervals mutually agreed upon between the principal contractor and any contractor, but at least once every 30 days; (viii) stop any contractor from executing construction work which is not in accordance with the client's health and safety specifications and the principal contractor's health and safety plan for the site or which poses a threat to the health and safety of persons; (ix) where changes are brought about to the design and construction, make available sufficient health and safety information and appropriate resources to the contractor to execute the work safely; and (x) discuss and negotiate with the contractor the contents of the health and safety plan contemplated in subregulation (2)(a), and must thereafter finally approve that plan for implementation; (d) ensure that a copy of his or her health and safety plan contemplated in paragraph (a),as well as the contractor's health and safety plan contemplated in subregulation (2)(a), is available on request to an employee, an inspector, a contractor, the client or the client's agent; (e) hand over a consolidated health and safety file to the client upon completion of the construction work and must, in addition to the documentation referred to in subregulation (2)(b), include a record of all drawings, designs, materials used and other similar information concerning the completed structure;


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(f) in addition to the documentation required in the health and safety file in terms of paragraph (c)(v) and subregulation (2)(b), include and make available a comprehensive and updated list of all the contractors on site accountable to the principal contractor, the agreements between the parties and the type of work being done; and (g) ensure that all his or her employees have a valid medical certificate of fitness specific to the construction work to be performed and issued by an occupational health practitioner in the form of Annexure 3. (2) A contractor must prior to performing any construction work- (a) provide and demonstrate to the principal contractor a suitable and sufficiently documented health and safety plan, based on the relevant sections of the client's health and safety specification contemplated in regulation 5(1)(b) and provided by the principal contractor in terms of subregulation (1)(a), which plan must be applied from the date of commencement of and for the duration of the construction work and which must be reviewed and updated by the contractor as work progresses; (b)open and keep onsite a health and safety file, which must include all documentation required in terms of the Act and these Regulations, and which must be made available on request to an inspector, the client, the client's agent or the principal contractor; (c) before appointing another contractor to perform construction work be reasonably satisfied that the contractor that he or she intends to appoint has the necessary competencies and resources to perform the construction work safely; (d) co-operate with the principal contractor as far as is necessary to enable each of them to comply with the provisions of the Act; and (e) as far as is reasonably practicable, promptly provide the principal contractor with any information which might affect the health and safety of any person at work carrying out construction work on the site, any person who might be affected by the work of such a person at work, or which might justify a review of the health and safety plan. (3) Where a contractor appoints another contractor to perform construction work, the duties determined in subregulation (1)(b) to (g) that apply to the principal contractor apply to the contractor as if he or she were the principal contractor. (4) A principal contractor must take reasonable steps to ensure co-operation between all contractors appointed by the principal contractor to enable each of those contractors to comply with these Regulations. (5) No contractor may allow or permit any employee or person to enter any site, unless that employee or person has undergone health and safety induction training pertaining to the hazards prevalent on the site at the time of entry. (6) A contractor must ensure that all visitors to a construction site undergo health and safety induction pertaining to the hazards prevalent on the site and must ensure that such visitors have the necessary personal protective equipment. (7) A contractor must at all times keep on his or her construction site records of the health and safety induction training contemplated in subregulation (6) and such records must be made available on request to an inspector, the client, the client's agent or the principal contractor;. (8) A contractor must ensure that all his or her employees have a valid medical certificate of fitness specific to the construction work to be performed and issued by an occupational health practitioner in the form of Annexure 3.


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Management and supervision of construction work 8. (1) A principal contractor must in writing appoint one full-time competent person as the construction manager with the duty of managing all the construction work on a single site, including the duty of ensuring occupational health and safety compliance, and in the absence of the construction manager an alternate must be appointed by the principal contractor. (2) A principal contractor must upon having considered the size of the project, in writing appoint one or more assistant construction managers for different sections thereof: Provided that the designation of any such person does not relieve the construction manager of any personal accountability for failing in his or her management duties in terms of this regulation. (3) Where the construction manager has not appointed assistant construction managers as contemplated in subregulation (2), or, in the opinion of an inspector, a sufficient number of such assistant construction managers have not been appointed, that inspector must direct the construction manager in writing to appoint the number of assistant construction managers indicated by the inspector, and those assistant construction managers must be regarded as having been appointed under subregulation (2). (4) No construction manager appointed under subregulation (1)may manage any construction work on or in any construction site other than the site in respect of which he or she has been appointed. (5) A contractor must, after consultation with the client and having considered the size of the project, the degree of danger likely to be encountered or the accumulation of hazards or risks on the site, appoint a full-time or part-time construction health and safety officer in writing to assist in the control of all health and safety related aspects on the site: Provided that, where the question arises as to whether a construction health and safety officer is necessary, the decision of an inspector is decisive. (6) No contractor may appoint a construction health and safety officer to assist in the control of health and safety related aspects on the site unless he or she is reasonably satisfied that the construction health and safety officer that he or she intends to appoint is registered with a statutory body approved by the Chief Inspector and has necessary competencies and resources to assist the contractor (7) A construction manager must in writing appoint construction supervisors responsible for Construction activities and ensuring occupational health and safety compliance on the construction site. (8) A contractor must, upon having considered the size of the project, in writing appoint one or more competent employees for different sections thereof to assist the construction supervisor contemplated in subregulation (7), and every such employee has, to the extent clearly defined by the contractor in the letter of appointment, the same duties as the construction supervisor: Provided that the designation of any such employee does not relieve the construction supervisor of any personal accountability for failing in his or her supervisory duties in terms of this regulation. (9) Where the contractor has not appointed an employee as contemplated in subregulation (8), or, in the opinion of an inspector, a sufficient number of such employees have not been appointed, that inspector must instruct the employer to appoint the number of employees indicated by the inspector, and those employees must be regarded as having been appointed under subregulation (8). (10)No construction supervisor appointed under subregulation (7) may supervise any construction work on or in any construction site other than the site in respect of which he or she has been appointed: Provided that if a sufficient number of competent employees have been ppropriately designated under subregulation (7) on all the relevant construction sites, the appointed construction supervisor may supervise more than one site.


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Risk assessment for construction work 9. (1) A contractor must, before the commencement of any construction work and during such construction work, have risk assessments performed by a competent person appointed in writing, which risk assessments form part of the health and safety plan to be applied on the site, and must include- (a) the identification of the risks and hazards to which persons may be exposed to; (b) an analysis and evaluation of the risks and hazards identified based on a documented method; (c) a documented plan and applicable safe work procedures to mitigate, reduce or control the risks and hazards that have been identified; (d) a monitoring plan; and (e) a review plan. (2) A contractor must ensure that as far as is reasonably practicable, ergonomic related hazards are analyzed, evaluated and addressed in a risk assessment. (3) A contractor must ensure that all employees under his or her control are informed, instructed and trained by a competent person regarding any hazard and the related work procedures and or control measures before any work commences, and thereafter at the times determined in the risk assessment monitoring and review plan of the relevant site (4) A principal contractor must ensure that all contractors are informed regarding any hazard that is stipulated in the risk assessment before any work commences, and thereafter at the times that may be determined in the risk assessment monitoring and review plan of the relevant site. (5) A contractor must consult with the health and safety committee or, if no health and safety committee exists, with a representative trade union or representative group of employees, on the monitoring and review of the risk assessments of the relevant site. (6) A contractor must ensure that copies of the risk assessments of the relevant site are available on site for inspection by an inspector, the client, the client's agent, any contractor, any employee, a representative trade union, a health and safety representative or any member of the health and safety committee. (7) A contractor must review the relevant risk assessment- (a) where changes are effected to the design and or construction that result in a change to the risk profile; or (b) when an incident has occurred.


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Fall protection 10. (1) A contractor must- (a) designate a competent person to be responsible for the preparation of a fall protection plan; (b) ensure that the fall protection plan contemplated in paragraph (a) is implemented, amended where and when necessary and maintained as required; and (c) take steps to ensure continued adherence to the fall protection plan. (2) A fall protection plan contemplated in subregulation (1), must include- (a) a risk assessment of all work carried out from a fall risk position and the procedures and methods used to address all the risks identified per location; (b) the processes for the evaluation of the employees' medical fitness necessary to work at a fall risk position and the records thereof; (c) a programme for the training of employees working from a fall risk position and the records thereof; (d) the procedure addressing the inspection, testing and maintenance of all fall protection equipment; and (e) a rescue plan detailing the necessary procedure, personnel and suitable equipment required to affect a rescue of a person in the event of a fall incident to ensure that the rescue procedure is implemented immediately following the incident. (3) A contractor must ensure that a construction manager appointed under regulation 8(1) is in possession of the most recently updated version of the fall protection plan. (4) A contractor must ensure that- (a) all unprotected openings in floors, edges, slabs, hatchways and stairways are adequately guarded, fenced or barricaded or that similar means are used to safeguard any person from falling through such openings; (b) no person is required to work in a fall risk position, unless such work is performed safely as contemplated in subregulation (2); (c) fall prevention and fall arrest equipment are-

(i) approved as suitable and of sufficient strength for the purpose for which they are being used, having regard to the work being carried out and the load, including any person, they are intended to bear; and (ii) securely attached to a structure or plant, and the structure or plant and the means of attachment thereto are suitable and of sufficient strength and stability for the purpose of safely supporting the equipment and any person who could fall; and

(d) fall arrest equipment is used only where it is not reasonably practicable to use fall prevention equipment. (5) Where roof work is being performed on a construction site, the contractor must ensure that, in addition to the requirements set out in subregulations (2) and (4), it is indicated in the fall protection plan that- (a) the roof work has been properly planned; (b) the roof erectors are competent to carry out the work; (c) no employee is permitted to work on roofs during inclement weather conditions or if any conditions are hazardous to the health and safety of the employee; (d) all covers to openings and fragile material are of sufficient strength to withstand any imposed loads;


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(e) suitable and sufficient platforms, coverings or other similar means of support have been provided to be used in such a way that the weight of any person passing across or working on or from fragile material is supported; and (f) suitable and sufficient guard-rails, barriers and toe-boards or other similar means of protection prevent, as far as is reasonably practicable, the fall of any person, material or equipment. Structures 11. (1) A contractor must ensure that- (a) all reasonably practicable steps are taken to prevent the uncontrolled collapse of any new or existing structure or any part thereof, which may become unstable or is in a temporary state of weakness or instability due to the carrying out of construction work; (b) no structure or part of a structure is loaded in a manner which would render it unsafe; and (c) all drawings pertaining to the design of the relevant structure are kept on site and are available on request to an inspector, other contractors, the client and the client's agent or employee. (2) An owner of a structure must ensure that- (a) inspections of that structure are carried out periodically by competent persons in order to render the structure safe for continued use; (b) that the inspections contemplated in paragraph (a) are carried out at least once every six months for the first two years and thereafter yearly; (c) the structure is maintained in such a manner that it remains safe for continued use; (d) the records of inspections and maintenance are kept and made available on request to an inspector. Temporary works 12. (1) A contractor must appoint a temporary works designer in writing to design, inspect and approve the erected temporary works on site before use. (2) A contractor must ensure that all temporary works operations are carried out under the supervision of a competent person who has been appointed in writing for that purpose. (3) A contractor must ensure that- (a) all temporary works structures are adequately erected, supported, braced and maintained by a competent person so that they are capable of supporting all anticipated vertical and lateral loads that may be applied to them, and that no loads are imposed onto the structure that the structure is not designed to withstand; (b) all temporary works structures are done with close reference to the structural design drawings, and where any uncertainty exists the structural designer should be consulted; (c) detailed activity specific drawings pertaining to the design of temporary works structures are kept on the site and are available on request to an inspector, other contractors, the client, the client's agent or any employee; (d)all persons required to erect, move or dismantle temporary works structures are provided with adequate training and instruction to perform those operations safely; (e) all equipment used in temporary works structure are carefully examined and checked for suitability by a competent person, before being used;


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(f) all temporary works structures are inspected by a competent person immediately before, during and after the placement of concrete, after inclement weather or any other imposed load and at least on a daily basis until the temporary works structure has been removed and the results have been recorded in a register and made available on site; (g) no person may cast concrete, until authorization in writing has been given by the competent person contemplated in paragraph (a); (h) if, after erection, any temporary works structure is found to be damaged or weakened to such a degree that its integrity is affected, it is safely removed or reinforced immediately; (i) adequate precautionary measures are taken in order to- (i) secure any deck panels against displacement; and (ii) prevent any person from slipping on temporary works due to the application of release agents; (j) as far as is reasonably practicable, the health of any person is not affected through the use of solvents or oils or any other similar substances; (k) upon casting concrete, the temporary works structure is left in place until the concrete has acquired sufficient strength to safely support its own weight and any imposed load, and is not removed until authorization in writing has been given by the competent person contemplated in paragraph (a); (l) the foundation conditions are suitable to withstand the loads caused by the temporary works structure and any imposed load in accordance with the temporary works design. (m) provision is made for safe access by means of secured ladders or staircases for all work to be carried out above the foundation bearing level; (n) a temporary works drawing or any other relevant document includes construction sequences and methods statements; (o) the temporary works designer has been issued with the latest revision of any relevant structural design drawing; (p) a temporary works design and drawing is used only for its intended purpose and for a specific portion of a construction site; and (q) the temporary works drawings are approved by the temporary works designer before the erection of any temporary works (4) No contractor may use a temporary works design and drawing for any work other than its intended purpose. Excavation 13. (1) A contractor must- (a) ensure that all excavation work is carried out under the supervision of a competent person who has been appointed in writing for that purpose; and (b) evaluate, as far as is reasonably practicable, the stability of the ground before excavation work begins. (2) A contractor who performs excavation work- (a) must take reasonable and sufficient steps in order to prevent, as far as is reasonably practicable, any person from being buried or trapped by a fall or dislodgement of material in an excavation;


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(b) may not require or permit any person to work in an excavation which has not been adequately shored or braced: Provided that shoring and bracing may not be necessary where- (i) the sides of the excavation are sloped to at least the maximum angle of repose measured relative to the horizontal plane; or (ii) such an excavation is in stable material: Provided that- (aa) permission has been given in writing by the appointed competent person contemplated in subregulation (1) upon evaluation by him or her of the site conditions; and (bb) where any uncertainty pertaining to the stability of the soil still exists, the decision from a professional engineer or a professional technologist competent in excavations is decisive and such a decision must be noted in writing and signed by both the competent person contemplated in subregulation (1) and the professional engineer or technologist, as the case may be; (c) must take steps to ensure that the shoring or bracing contemplated in paragraph (b) is designed and constructed in a manner that renders it strong enough to support the sides of the excavation in question; (d) must ensure that no load, material, plant or equipment is placed or moved near the edge of any excavation where it may cause its collapse and consequently endangers the safety of any person, unless precautions such as the provision of sufficient and suitable shoring or bracing are taken to prevent the sides from collapsing; (e) must ensure that where the stability of an adjoining building, structure or road is likely to be affected by the making of an excavation, steps are taken to ensure the stability of such building, structure or road and the safety of persons; (f) must cause convenient and safe means of access to be provided to every excavation in which persons are required to work, and such access may not be further than six meters from the point where any worker within the excavation is working; (g) must ascertain, as far as is reasonably practicable, the location and nature of electricity, water, gas or other similar services which may in any way be affected by the work to be performed, and must before the commencement of excavation work that may affect any such service, take the steps that are necessary to render the circumstances safe for all persons involved; (h) must ensure that every excavation, including all bracing and shoring, is inspected- (i) daily, prior to the commencement of each shift; (ii) after every blasting operation; (iii) after an unexpected fall of ground; (iv) after damage to supports; and (v) after rain, by the competent person contemplated in subregulation (1), in order to ensure the safety of the excavation and of persons, and those results must be recorded in a register kept on site and made available on request to an inspector, the client, the client's agent, any other contractor or any employee; must cause every excavation which is accessible to the public or which is adjacent to public roads or thoroughfares, or whereby the safety of persons may be endangered, to be- (i) adequately protected by a barrier or fence of at least one metre in height and as close to the excavation as is practicable; and (ii) provided with warning illuminants or any other clearly visible boundary indicators at night or when visibility is poor, or have resort to any other suitable and sufficient precautionary measure where subparagraphs (i) and (ii) are not practicable; (j) must ensure that all precautionary measures stipulated for confined spaces as determined in the General Safety Regulations, 2003, are complied with by any person entering any excavation;


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(k) must, where the excavation work involves the use of explosives, appoint a competent person in the use of explosives for excavation, and must ensure that a method statement is developed by that person in accordance with the applicable explosives legislation; and (l) must cause warning signs to be positioned next to an excavation within which or where persons are working or carrying out inspections or tests. Demolition work 14. (1) A contractor must appoint a competent person in writing to supervise and control all demolition work on site. (2) A contractor must ensure that before any demolition work is carried out, and in order to ascertain the method of demolition to be used, a detailed structural engineering survey of the structure to be demolished is carried out by a competent person and that a method statement on the procedure to be followed in demolishing the structure is developed by that person. (3) During a demolition, the competent person contemplated in subregulation (1) must check the structural integrity of the structure at intervals determined in the method statement contemplated in subregulation (2), in order to avoid any premature collapses. (4) A contractor who performs demolition work must- (a) with regard to a structure being demolished, take steps to ensure that- (i) no floor, roof or other part of the structure is overloaded with debris or material in a manner which would render it unsafe (ii)all reasonably practicable precautions are taken to avoid the danger of the structure collapsing when any part of the framing of a framed or partly framed building is removed, or when reinforced concrete is cut; and (iii) precautions are taken in the form of adequate shoring or other means that may be necessary to prevent the accidental collapse of any part of the structure or adjoining structure; (b) ensure that no person works under overhanging material or a structure which has not been adequately supported, shored or braced; (c) ensure that any support, shoring or bracing contemplated in paragraph (b), is designed and constructed so that it is strong enough to support the overhanging material; (d) where the stability of an adjoining building, structure or road is likely to be affected by demolition work on a structure, take steps to ensure the stability of such structure or road and the safety of persons; (e) ascertain as far as is reasonably practicable the location and nature of electricity, water, gas or other similar services which may in any way be affected by the work to be performed, and must before the commencement of demolition work that may affect any such service, take the steps that are necessary to render circumstances safe for all persons involved; (f) cause every stairwell used and every floor where work is being performed in a building being demolished, to be adequately illuminated by either natural or artificial means; (g) cause convenient and safe means of access to be provided to every part of the demolition site in which persons are required to work; and (h) erect a catch platform or net above an entrance or passageway or above a place where persons work or pass under, or fence off the danger area if work is being performed above such entrance, passageway, or place so as to ensure that all persons are kept safe where there is a danger or possibility of persons being struck by falling objects.


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(5) A contractor must ensure that no material is dropped to any point, which falls outside the exterior walls of the structure, unless the area is effectively protected. (6) No person may dispose of waste and debris from a high place by a chute unless the chute- (a) is adequately constructed and rigidly fastened; (b) if inclined at an angle of more than 45 degrees to the horizontal, is enclosed on its four sides; (c) if of the open type, is inclined at an angle of less than 45 degrees to the horizontal; (d) where necessary, is fitted with a gate at the bottom end to control the flow of material; and (e) discharges into a container or an enclosed area surrounded by barriers. (7) A contractor must ensure that every chute used to dispose of rubble is designed in such a manner that rubble does not free-fall and that the chute is strong enough to withstand the force of the debris travelling along the chute. (8)A contractor must ensure that no equipment is used on floors or working surfaces, unless such floors or surfaces are of sufficient strength to support the imposed loads. (9) Where a risk assessment indicates the presence of asbestos, a contractor must ensure that all asbestos related work is conducted in accordance with the Asbestos Regulations, 2001, promulgated by Government Notice No. R. 155 of 10 February 2002. (10) Where a risk assessment indicates the presence of lead, a contractor must ensure that all lead related work is conducted in accordance with the Lead Regulations, 2001, promulgated by Government Notice No. R.236 of 28 February 2002. (11) Where the demolition work involves the use of explosives, a method statement must be developed in accordance with the applicable explosives legislation, by an appointed person who is competent in the use of explosives for demolition work and all persons involved in the demolition works must adhere to demolition procedures issued by the appointed person. (12) A contractor must ensure that all waste and debris are as soon as reasonably practicable removed and disposed of from the site in accordance with the applicable legislation. Tunnelling 15. No person may enter a tunnel, which has a height dimension of less than 800 millimetres. Scaffolding 16. (1) A contractor must appoint a competent person in writing who must ensure that all scaffolding work operations are carried out under his or her supervision and that all scaffold erectors, team leaders and inspectors are competent to carry out their work. (2) A contractor using access scaffolding must ensure that such scaffolding, when in use, complies with the safety standards incorporated for this purpose into these Regulations under section 44 of the Act.


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Suspended platforms 17. (1) A contractor must appoint a competent person in writing who must ensure that all suspended platforms work operations are carried out under his or her supervision and that all suspended platform erectors, operators and inspectors are competent to carry out their work.. (2) No contractor may use or permit the use of a suspended platform, unless- (a) the design, stability and construction thereof comply with the safety standards incorporated for this purpose into these Regulations under section 44 of the Act; (b) he or she is in possession of a certificate of system design issued by a professional engineer, certificated engineer or a professional technologist for the use of the suspended platform system; and (c) he or she is, before the commencement of the work, in possession of an operational compliance plan developed by a competent person based on the certificate of system design contemplated in subparagraph (b) and applicable to the environment in which the system is being used, which operational compliance plan must include proof of the-

(i) appointment of the competent person contemplated in subregulation (1); (ii) competency of erectors, operators and inspectors; (iii) operational design calculations, which must comply with the requirements of the system design certificate; (iv) performance test results; (v) sketches indicating the completed system with the operational loading capacity of the platform; (vi) procedures for and records of inspections having been carried out; and (vii) procedures for and records of maintenance work having been carried out.

(3) A contractor making use of a suspended platform system must submit a copy of the certificate of system design contemplated in subregulation (2)(b), including a copy of the operational design calculations contemplated in subregulation 2(c)(iii), sketches and test results, to the provincial director before commencement of the use of the system and must further indicate the intended type of work that the system will be used for. (4) A contractor must submit a copy of the certificate of system design in the manner contemplated in subregulation (3) for every new project. (5) A contractor must ensure that the outriggers of each suspended platform - (a) are constructed of material of adequate strength and have a safety factor of at least four in relation to the load it is to carry; and (b) have suspension points provided with stop devices or other effective devices at the outer ends to prevent the displacement of ropes. (6) A contractor must ensure that- (a) the parts of the building or structure on which the outriggers of a suspended platform are supported, are checked by means of calculations to ensure that the required safety factor is adhered to without risk of damage to the building or structure; (b) the suspension wire rope and the safety wire rope are separately connected to the outrigger; (c) each person on a suspended platform is provided with and wears a body harness as a fall prevention device, which must at all times be attached to the suspended platform; (d) the hand or power driven machinery to be used for the lifting or lowering of the working platform of a suspended platform is constructed and maintained in such a manner that an uncontrolled movement of the working platform cannot occur; (e) the machinery referred to in paragraph (d) is so situated that it is easily accessible for inspection;


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(f the rope connections to the outriggers are vertically above the connections to the working platform; and (g) when the working platform is suspended by two ropes only, the connections of the ropes to the working platform are of a height above the level of the working platform to ensure the stability of the working platform. (7) A contractor must ensure that a suspended platform- (a) is suspended as near as possible to the structure to which work is being done to prevent as far as is reasonably practicable horizontal movement away from the face of the structure; (b) is fitted with anchorage points to which workers must attach the lanyard of the safety harness worn and used by the worker, and such anchorage connections must have sufficient strength to withstand any potential load applied to it; and (c) is fitted with a conspicuous notice easily understandable by all workers working with the suspended platform, showing-

(i) the maximum mass load; (ii) the maximum number of persons; and (iii) the maximum total mass load, including load and persons, which the suspended platform can carry.

(8) A contractor must cause- (a) the whole installation and all working parts of a suspended platform to be thoroughly examined by a competent person in accordance with the manufacturer's specification; (b) the whole installation to be subjected to a performance test as determined by the standard to which the suspended platform was manufactured; (c) the performance test contemplated in paragraph (b) to be done by a competent person appointed in writing, with the knowledge and experience of erection and maintenance of suspended platforms or similar machinery, and who must determine the serviceability of the structures, ropes, machinery and safety devices before they are used, every time suspended platforms are erected; and (d) the performance test contemplated in paragraph (b) of the whole installation of the suspended platform to be subjected to a load equal to that prescribed by the manufacturer or, in the absence of such load, to a load of 110 per cent of the rated mass load, at intervals not exceeding 12 months and in such a manner that every part of the installation is stressed accordingly. (9) A contractor must, in addition to subregulation (8), cause every hoisting rope, hook or other load-attaching device which forms part of the suspended platform to be thoroughly examined in accordance with the manufacturer's specification by the competent person contemplated in subregulation (8) before they are used every time they are assembled, and, in cases of continuous use, at intervals not exceeding three months. (10) A contractor must ensure that the suspended platform supervisor contemplated in subregulation (1), or the suspended platform inspector contemplated in subregulation (8)(c), carries out a daily inspection of all the equipment prior to use, including establishing whether- (a) all connection bolts are secure; (b) all safety devices are functioning; (c) all safety devices are not tampered with or vandalized; (d) the total maximum mass load of the platform is not exceeded; (e) the occupants in the suspended platform are using body harnesses which have been properly attached; there are no visible signs of damage to the equipment; and all reported operating problems have been attended to.


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(11) A contractor must ensure that all inspection and performance test records are kept on the construction site at all times and made available to an inspector, the client, the client's agent or any employee upon request. (12)A contractor must ensure that all employees required to work or to be supported on a suspended platform are- (a) medically fit to work safely in a fall risk position or such similar environment by being in possession of a medical certificate of fitness; (b) competent in conducting work related to suspended platforms safely; (c) trained or received training, which includes at least-

(i) how to access and egress the suspended platform safely; (ii) how to correctly operate the controls and safety devices of the equipment; (iii) information on the dangers related to the misuse of safety devices; and (iv) information on the procedures to be followed in the case of-

(aa) an emergency; (bb) the malfunctioning of equipment; and (cc) the discovery of a suspected defect in the equipment; and (v) instructions on the proper use of body harnesses. (13) A contractor must ensure that where the outriggers of a suspended platform are to be moved, only persons trained and under the supervision of the competent person effect such move, within the limitation stipulated in the operational compliance plan contemplated in subregulation (2)(c), and that the supervisor must carry out an inspection and record the result thereof prior to re-use of the suspended platform. (14) A contractor must ensure that the suspended platform is properly isolated after use at the end of each working day in such a manner that no part of the suspended platform presents a danger to any person thereafter. Rope Access Work 18. (1) A contractor must- (a) appoint a competent person in writing as a rope access supervisor with the duty of supervising all rope access work on the site, including the duty of ensuring occupational health and safety compliance in relation to rope access work: Provided that the appointment of any such person does not relieve the construction manager of any personal accountability for failing in his management duties in terms of this regulation; (b) ensure that all rope access work on the construction site is carried out under the supervision of a competent person; and (c) ensure that all rope access operators are competent and licensed to carry out their work. (2) No contractor may use or allow the use of rope access work unless- (a) the design, selection and use of the equipment and anchors comply with the safety standards incorporated for this purpose into these Regulations under section 44 of the Act; and (b) he or she is in possession of a site specific fall protection plan developed by a competent person applicable to the specific work and environment prior to the commencement of the work, including records of maintenance and inspections of all the equipment used for the work operations. (3) A contractor must ensure that adequate measures are in place to allow rescue procedures to commence immediately in the event of a fall incident taking place.


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Material hoists 19. (1) A contractor must ensure that every material hoist and its tower have been constructed in accordance with the generally accepted technical standards and are strong enough and free from defects. (2) A contractor must ensure that the tower of every material hoist is- (a) erected on firm foundations and secured to the structure or braced by steel wire guy ropes, and extends to a distance above the highest landing to allow a clear and unobstructed space of at least 900 millimetres for over travel; (b) enclosed on all sides at the bottom, and at all floors where persons are at risk of being struck by moving parts of the hoist, except on the side or sides giving access to the material hoist, with walls or other effective means to a height of at least 2100 millimetres from the ground or floor level; and (c) provided with a door or gate at least 2100 millimetres in height at each landing, and that door or gate must be kept closed except when the platform is at rest at such a landing. (3) A contractor must cause- (a) the platform of every material hoist to be designed in a manner that it safely contains the loads being conveyed and that the combined mass of the platform and the load does not exceed the designed lifting capacity of the hoist; (b) the hoisting rope of every material hoist which has a remote winch to be effectively protected from damage by any external cause to the portion of the hoisting rope between the winch and the tower of the hoist; and (c) every material hoist to be provided with an efficient brake capable of holding the platform with its maximum load in any position when power is not being supplied to the hoisting machinery. (4) No contractor may require or permit trucks, barrows or material to be conveyed on the platform of a material hoist and no person may so convey trucks, barrows or material unless those articles are secured or contained in a manner that displacement thereof cannot take place during movement. (5) A contractor must cause a notice, indicating the maximum mass load which may be carried at any one time and the prohibition of persons from riding on the platform of the material hoist, to be affixed around the base of the tower and at each landing. (6) A contractor of a material hoist may not require or permit any person to operate a hoist, unless the person is competent in the operation of that hoist (7) No contractor may require or permit any person to ride on a material hoist. (8) A contractor must ensure that every material hoist- (a) is inspected on daily basis by a competent person appointed in writing by the contractor and such competent person must have the experience pertaining to the erection and maintenance of material hoists or similar machinery; (b) inspection contemplated in paragraph(a), includes the determination of the serviceability of the entire material hoist, including guides, ropes and their connections, drums, sheaves or pulleys and all safety devices; (c) inspection results are entered and signed in a record book by a competent person, which book must be kept on the premises for that purpose; (d) is properly maintained and the maintenance records in this regard are kept on site.


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Bulk mixing plant 20. (1) A contractor must ensure that the operation of a bulk mixing plant is supervised by a competent person who has been appointed in writing and is- (a) aware of all the dangers involved in the operation thereof; and (b) conversant with the precautionary measures to be taken in the interest of health and safety. (2) No person supervising or operating a bulk mixing plant may authorize any other person to operate the plant, unless that person is competent to operate a bulk mixing plant. (3) A contractor must ensure that the placement and erection of a bulk mixing plant complies with the requirements set out by the manufacturer and that such plant is erected as designed. (4) A contractor must ensure that all devices to start and stop a bulk mixing plant are provided and that those devices are- (a) placed in an easily accessible position; and (b) constructed in a manner to prevent accidental starting. (5) A contractor must ensure that the machinery and plant selected is suitable for the mixing task and that all dangerous moving parts of a mixer are placed beyond the reach of persons by means of doors, covers or other similar means. (6) No person may remove or modify any guard or safety equipment relating to a bulk mixing plant, unless authorized to do so by the appointed person contemplated in subregulation (1). (7) A contractor must ensure that all precautionary measures stipulated for confined spaces as determined in the General Safety Regulations, 2003, are complied with when entering any silo. (8) A contractor must ensure that a record is kept of all repairs or maintenance to a bulk mixing plant and that the record is available on site to an inspector, the client, the client's agent or any employee. Explosive actuated fastening device 21, (1) No contractor may use or permit any person to use an explosive actuated fastening device, unless- (a) the user is provided with and uses suitable protective equipment; (b) the user is trained in the operation, maintenance and use of such a device; (c) the explosive actuated fastening device is provided with a protective guard around the muzzle end, which effectively confines any flying fragments or particles; and (d) the firing mechanism is so designed that the explosive actuated fastening device, will not function unless- it is held against the surface with a force of at least twice its weight; and the angle of inclination of the barrel to the work surface is not more than 15 degrees from a right angle. (2) A contractor must ensure that- (a) only cartridges suited for the relevant explosive actuated fastening device, and the work to be performed, are used; (b) an explosive actuated fastening device is cleaned and examined daily before use and as often as may be necessary for its safe operation by a competent person who has been appointed for that purpose; (c) the safety devices of an explosive actuated fastening device are in good working order prior to use;


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(d) when not in use, an explosive actuated fastening device and its cartridges are locked up in a safe place, which is inaccessible to unauthorized persons; (e) an explosive actuated fastening device is not stored in a loaded condition; a warning notice is displayed in a conspicuous manner in the immediate vicinity wherever an explosive actuated fastening device is used; and (g) the issuing and collection of cartridges and nails or studs of an explosive actuated fastening device are-

(i) controlled and done in writing by a person having been appointed in writing for that purpose; and (ii) recorded in a register by a competent person and that the recipient has accordingly signed for the receipt thereof as well as the returning of any spent and unspent cartridges.

Cranes 22. A contractor must, in addition to compliance with the Driven Machinery Regulations, 1988 ensure that where tower cranes are used- (a) they are designed and erected under the supervision of a competent person; (b) a relevant risk assessment and method statement are developed and applied; (c) the effects of wind forces on the crane are taken into consideration and that a wind speed device is fitted that provides the operator with an audible warning when the wind speed exceeds the design engineer's specification; (d) the bases for the tower cranes and tracks for rail-mounted tower cranes are firm, level and secured; (e) the tower crane operators are competent to carry out the work safely; and the tower crane operators have a medical certificate of fitness to work in such an environment, issued by an occupational health practitioner in the form of Annexure 3. Construction vehicles and mobile plant 23. (1) A contractor must ensure that all construction vehicles and mobile plant- (a) are of an acceptable design and construction; (b) are maintained in a good working order; (c) are used in accordance with their design and the intention for which they were designed, having due regard to safety and health; (d) are operated by a person who-

(i) has received appropriate training, is certified competent and in possession of proof of competency and is authorised in writing to operate those construction vehicles and mobile plant; (ii) has a medical certificate of fitness to operate those construction vehicles and mobile plant, issued by an occupational health practitioner in the form of Annexure 3.;

(e) have safe and suitable means of access and egress; (f) are properly organized and controlled in any work situation by providing adequate signalling or other control arrangements to guard against the dangers relating to the movement of vehicles and plant, in order to ensure their continued safe operation; (g) are prevented from falling into excavations, water or any other area lower than the working surface by installing adequate edge protection, which may include guardrails and crash barriers; (h) are fitted with structures designed to protect the operator from falling material or from being crushed should the vehicle or mobile plant overturn;


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(i) are equipped with an acoustic warning device which can be activated by the operator; (j) are equipped with an automatic acoustic reversing alarm; and (k) are inspected by the authorised operator or driver on a daily basis using a relevant checklist prior to use and that the findings of such inspection are recorded in a register kept in the construction vehicle or mobile plant. (2) A contractor must ensure that- (a) no person rides or is required or permitted to ride on a construction vehicle or mobile plant otherwise than in a safe place provided thereon for that purpose; (b) every construction site is organized in such a way that, as far as is reasonably practicable, pedestrians and vehicles can move safely and without risks to health; (c) the traffic routes are suitable for the persons, construction vehicles or mobile plant using them, are sufficient in number, in suitable positions and of sufficient size; (d) every traffic route is, where necessary, indicated by suitable signs; (e) all construction vehicles and mobile plant left unattended at night, adjacent to a public road in normal use or adjacent to construction areas where work is in progress, have appropriate lights or reflectors, or barricades equipped with appropriate lights or reflectors, in order to identify the location of the vehicles or plant; (f) all construction vehicles or mobile plant when not in use, have buckets, booms or similar appendages, fully lowered or blocked, controls in a neutral position, motors stopped, wheels chocked, brakes set and ignition secured; (g) whenever visibility conditions warrant additional lighting, all mobile plant are equipped with at least two headlights and two taillights when in operation; (h) tools, material and equipment are secured and separated by means of a physical barrier in order to prevent movement when transported in the same compartment with employees; (i) vehicles used to transport employees have seats firmly secured and adequate for the number of employees to be carried; and (6) all construction vehicles or mobile plant traveling, working or operating on public roads comply with the requirements of the National Road Traffic Act, 1996. Electrical installations and machinery on construction sites 24. A contractor must, in addition to compliance with the Electrical Installation Regulations, 2009, and the Electrical Machinery Regulations, 1988, promulgated by Government Notice No. R. 1593 of 12 August 1988, ensure that- (a) before construction commences and during the progress thereof, adequate steps are taken to ascertain the presence of and guard against danger to workers from any electrical cable or apparatus which is under, over or on the site; (b) all parts of electrical installations and machinery are of adequate strength to withstand the working conditions on construction sites; (c) the control of all temporary electrical installations on the construction site Is designated to a competent person who has been appointed in writing for that purpose; (d) all temporary electrical installations used by the contractor are inspected at least once a week by a competent person and the inspection findings are recorded in a register kept on the construction site; and


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(e) all electrical machinery is inspected by the authorized operator or user on a daily basis using a relevant checklist prior to use and the inspection findings are recorded in a register kept on the construction site. Use and temporary storage of flammable liquids on construction sites 25. A contactor must, in addition to compliance with the provisions for the use and storage of flammable liquids in the General Safety Regulations, 2003, ensure that- (a) where flammable liquids are being used, applied or stored at the workplace concerned, it is done in a manner that does not cause a fire or explosion hazard, and that the workplace is effectively ventilated; (b) no person smokes in any place in which flammable liquid is used or stored, and the contractor must affix a suitable and conspicuous notice at all entrances to any such areas prohibiting such smoking; (c) an adequate amount of efficient fire-fighting equipment is installed in suitable locations around the flammable liquids store with the recognized symbolic signs only the quantity of flammable liquid needed for work on one day is taken out of the store for use; all containers holding flammable liquids are kept tightly closed when not in actual use and, after their contents have been used up, are removed from the construction site and safely disposed of; where flammable liquids are decanted, the metal containers are bonded and earthed; and no flammable material, including cotton waste, paper, cleaning rags or similar material is stored together with flammable liquids. Water environments 26. (1) A contractor must ensure that where construction work is done over or in close proximity to water, provision is made for- (a) preventing persons from falling into water; and (b) the rescuing of persons in danger of drowning. (2) A contractor must ensure that where a person is exposed to the risk of drowning by falling into the water, the person is provided with and wears a lifejacket. Housekeeping and general safeguarding on construction sites 27. A contractor must, in addition to compliance with the Environmental Regulations for Workplaces, 1987, promulgated by Government Notice No. R. 2281 of 16 October 1987, ensure that suitable housekeeping is continuously implemented on each construction site, including- (a) the proper storage of materials and equipment; (b) the removal of scrap, waste and debris at appropriate intervals; (c) ensuring that materials required for use, are not placed on the site so as to obstruct means of access to and egress from workplaces and passageways; (d) ensuring that materials which are no longer required for use, do not accumulate on and are removed from the site at appropriate intervals; (e) ensuring that waste and debris are not disposed of from a high place with a chute, unless the chute complies with the requirements set out in regulation 14(6); (f) ensuring that construction sites in built-up areas adjacent to a public way are suitably and sufficiently fenced off and provided with controlled access points to prevent the entry of unauthorized persons; and (g) ensuring that a catch platform or net is erected above an entrance or passageway or above a place where persons work or pass under, or fencing off the danger area if work is being performed above such entrance, passageway, or place so as to ensure that all persons are kept safe in the case of danger or possibility of persons being struck by falling objects.


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Stacking and storage on construction sites 28. A contractor must, in addition to compliance with the provisions for the stacking of articles in the General Safety Regulations, 2003, ensure that- (a) a competent person is appointed in writing with the duty of supervising all stacking and storage on a construction site; (b) adequate storage areas are provided; (c) there are demarcated storage areas; and (d) storage areas are kept neat and under control. Fire precautions on construction sites 29. A contractor must, in addition to compliance with the Environmental Regulations for Workplaces, 1987, ensure that- (a) all appropriate measures are taken to avoid the risk of fire; (b) sufficient and suitable storage is provided for flammable liquids, solids and gases; (c) smoking is prohibited and notices in this regard are prominently displayed in all places containing readily combustible or flammable materials; (d) in confined spaces and other places in which flammable gases, vapours or dust can cause danger-

(i) only suitably protected electrical installations and equipment, including portable lights, are used; (ii) there are no flames or similar means of ignition; (iii) there are conspicuous notices prohibiting smoking; (iv) oily rags, waste and other substances liable to ignite are without delay removed to a safe place; and (v) adequate ventilation is provided;

(e) combustible materials do not accumulate on the construction site; (f) welding, flame cutting and other hot work are done only after appropriate precautions have been taken to reduce the risk of fire; (g) suitable and sufficient fire-extinguishing equipment is placed at strategic locations or as may be recommended by the Fire Chief or local authority concerned, and that such equipment is maintained in a good working order; (h) the fire equipment contemplated in paragraph (g) is inspected by a competent person, who has been appointed in writing for that purpose, in the manner indicated by the manufacturer thereof; (i) a sufficient number of workers are trained in the use of fire- extinguishing equipment; (j) where appropriate, suitable visual signs are provided to clearly indicate the escape routes in the case of a fire; (k) the means of escape is kept clear at all times; (l) there is an effective evacuation plan providing for all-

(i) persons to be evacuated speedily without panic; (ii) persons to be accounted for; and (iii) plant and processes to be shut down; and

(m) a siren is installed and sounded in the event of a fire.


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Construction employees' facilities 30. (1) A contractor must, in addition to the construction site provisions in the Facilities Regulations, 2004, promulgated by Government Notice No. R. 924 of 3 August 2004, provide at or within reasonable access of every construction site, the following clean, hygienic and maintained facilities: (a) Shower facilities after consultation with the employees or employees’ representatives, or at least one shower facility for every 15 persons; (b) at least one sanitary facility for each sex and for every 30 workers; (c) changing facilities for each sex; and (d) sheltered eating areas. (2) A contractor must provide reasonable and suitable living accommodation for the workers at construction sites who are far removed from their homes and where adequate transportation between the site and their homes, or other suitable living accommodation, is not available. Construction health and safety technical committee 31. (1) The chief inspector must establish a construction health and safety technical committee which must consist of- (a) a person who is to be the chairperson; (b) two persons designated by the Chief Inspector from the employees of the Department of Labour; (c) two persons to represent the Department of Public Works, one each designated by the Built Environmental Council and the Construction Industry Development Board; (d) one person to represent Higher Education in the field of construction and related studies designated by the Director General of the Department of Higher Education; (e) one person designated by the South African Property Owners Association; (f) two persons designated by employer's organizations to represent employers who are directly involved in the construction industry; (g) two persons designated by employees organizations to represent the unions who are directly involved in the construction industry; (h) one person to represent consultants who are directly involved in the construction industry: and (I) persons who are competent in respect of the matters to be dealt with by the construction health and safety technical committee who have been co-opted by the committee with the authorization of the chief inspector. (2) The chief inspector must appoint the members of the Construction Health and Safety Technical Committee for the period that he or she may determine at the time of appointment: Provided that the chief inspector may after having afforded a member a reasonable opportunity to respond, discharge him or her at any time, for reasons that are fair and just, and appoint a new member in his or her place. (3) The Construction Health and Safety Technical Committee must- (a) advise the chief inspector on construction related codes, standards and training requirements: Provided that any accredited or approved training must be in accordance with South African Qualifications Authority standards;


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(b) designate persons in writing to examine safety systems and safety records of companies who have high incident rates and provide recommendations to the chief inspector of occupational health and safety on the findings; (c) make recommendations and submit reports to the chief inspector of occupational health and safety regarding any matter to which these Regulations relate; (d) advise the chief inspector of occupational health and safety regarding any matter referred to the Construction Regulations Technical Committee by the chief inspector of occupational health and safety; (e) perform any other function for the administration of a provision of these Regulations that may be requested by the chief inspector of occupational health and safety; (f) conduct its work in accordance with the instructions and rules of conduct framed by the chief inspector of occupational health and safety; and (g) refer appeals against decisions of the Construction Regulations Technical Committee to the chief inspector of occupational health and safety. (4) Any person affected by any decision of the Construction Health and Safety Technical Committee may appeal against such decision to the chief inspector within 60 days of such decision becoming known and the chief inspector shall, after having considered the grounds of the appeal and the Construction Health and Safety Technical Committee's reasons for the decision, confirm, set aside or vary the decision or substitute for such decision any other decision which the Construction Health and Safety Technical Committee's in the chief inspector's opinion ought to have taken. (5) Any person aggrieved by a decision taken by the chief inspector under subregulation (4) may, within 60 days after the chief inspector's decision was given appeal against such decision to the Labour court. Approved Inspection Authority 32. (1) The chief inspector may approve as an Inspection Authority any organisation that has been accredited in terms of the provision of the Act and these Regulations. (2) The Approved Inspection Authority will perform its functions as prescribed by the guidance document issued by the Department of Labour for Approved Inspection Authorities. (3) The chief inspector may at any time withdraw any approval granted to an approved inspection authority, subject to section 35 of the Act. Offences and penalties 33. Any person who contravenes or fails to comply with any provision of regulations 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30, Is guilty of an offence and liable upon conviction to a fine or to imprisonment for a maximum of 12 months and, in the case of a continuous offence, not exceeding an additional fine of 8200 or additional imprisonment of one day for each day on which the offence continues: Provided that the period of such additional imprisonment will not exceed 90 days 34. (1) The Construction Regulations, 2003, promulgated by Government Notice No. R. 1010 of 18 July 2003, are hereby repealed. (2) Regulation 3 and 5 (7)(b) will come into effect 18 months after the commencement of these Regulations. Short title 35. These Regulations are called the Construction Regulations, 2014.


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PARTC2: SPECIAL CONDTIONS OF CONTRACT STANDARD CONDITIONS OF TENDER Annex F (Normative) Standard Conditions of Tender Note: 1 These Standard Conditions of Tender are identical to that contained In Annex F of SANS

294: 2004, Construction Procurement Processes, Procedures and Methods. 2 Annex E of SANS 294, Construction Procurement Processes, Procedures and Methods,

and SAICE‘s Practice Manual #1, The use of South African National Standards in Construction Procurement , provide guidance on referencing these Standard Conditions of Tender in procurement documents.

F.1 General F.1.1 Actions The employer and each tenderer submitting a tender offer shall comply with these conditions of tender. In their dealings with each other, they shall discharge their duties and obligations as set out in F.2 and F.3, timeously and with integrity, and behave equitably, honestly and transparently.

F.1.2 Tender Documents The documents issued by the employer for the purpose of a tender offer are listed in the tender data.

F.1.3 Interpretation F.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.

F.1.3.2 These conditions of tender, the tender data and tender schedules which are only required for tender evaluation purposes, shall not form part of any contract arising from the invitation to tender.

F.1.3.3 For the purposes of these conditions for the calling for expressions of interest, the following definitions apply:

a) comparative offer means the tenderer’s financial offer after the factors of non-firm prices, all unconditional discounts and any other tendered parameters that will affect the value of the financial offer have been taken into consideration

b) corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of the employer or his staff or agents in the tender process; and

c) fraudulent practice means the misrepresentation of the facts in order to influence the tender process or the award of a contract arising from a tender offer to the detriment of the employer, including collusive practices intended to establish prices at artificial levels quality (functionality) means the totality of features and characteristics of a product or service that bear on its ability to satisfy stated or implied needs


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F.1.4 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 read, copied and recorded. Writing shall be in the English language.

The employer shall not take any responsibility for non-receipt of communications from or by a tenderer. The name and contact details of the employer’s agent are stated in the tender data.

F.1.5 The employer’s right to accept or reject any tender offer F.1.5.1 The employer may accept or reject any variation, deviation, tender offer, or alternative tender offer, and may cancel the tender process and reject all tender offers at any time before the formation of a contract. The employer shall not accept or incur any liability to a tenderer for such cancellation and rejection, but will give written reasons for such action upon written request to do so.

F.1.5.2 The employer may not subsequent to the cancellation or abandonment of a tender process or the rejection of all responsive tender offers re-issue a tender covering substantially the same scope of work within a period of six months unless only one tender was received and such tender was returned unopened to the tenderer.

F.2 Tenderer’s obligations

F.2.1 Eligibility 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.

F.2.2 Cost of tendering Accept that the employer will not compensate the tenderer for any costs incurred in the preparation and submission of a tender offer, including the costs of any testing necessary to demonstrate that aspects of the offer satisfy requirements.

F.2.3 Check documents Check the tender documents on receipt for completeness and notify the employer of any discrepancy or omission.

F.2.4 Confidentiality and copyright of documents Treat as confidential all matters arising in connection with the tender. Use and copy the documents issued by the employer only for the purpose of preparing and submitting a tender offer in response to the invitation.

F.2.5 Reference documents Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards, specifications, conditions of contract and other publications, which are not attached but which are incorporated into the tender documents by reference.

F.2.6 Acknowledge addenda Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if necessary apply for an extension to the closing time stated in the tender data, in order to take the addenda into account.

F.2.7 Clarification meeting Attend, where required, a clarification meeting at which tenderers may familiarize themselves with aspects of the proposed work, services or supply and raise questions. Details of the meeting@) are stated in the tender data.


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F.2.8 Seek clarification Request clarification of the tender documents, if necessary, by notifying the employer at least five working days before the closing time stated in the tender data.

F.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.

F.2.10 Pricing the tender offer F.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 14 days before the closing time stated in the tender data.

F2.10.2Show VAT payable by the employer separately as an addition to the tendered total of the prices.

F.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

F.2.10.4 State the rates and prices in Rand unless instructed otherwise in the tender data. The conditions of contract identified in the contract data may provide for part payment in other currencies.

F.2.11 Alterations to documents Not make any alterations or additions to the tender documents, except to comply with instructions issued by the employer, or necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial all such alterations. Erasures and the use of masking fluid are prohibited.

F.2.12 Alternative tender offers F.2.12.1 Submit alternative tender offers only if a main tender offer, strictly in accordance with all the requirements of the tender documents, is also submitted. The alternative tender offer is to be submitted with the main tender offer together with a schedule that compares the requirements of the tender documents with the alternative requirements the tenderer proposes.

F.2.12.2 Accept that an alternative tender offer may be based only on the criteria stated in the tender data or criteria otherwise acceptable to the employer.

F.2.13 Submitting a tender offer F.2.13.1 Submit a tender offer to provide the whole of the works, services or supply identified in the contract data and described in the scope of works, unless stated otherwise in the tender data.

F.2.13.2 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 in Mack ink.

F.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.


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F.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.

F.2.13.5 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 employer’s address and identification details stated in the tender data, as well as the tenderer’s name and contact address.

F.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.

F.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.

F.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.

F.2.14 Information and data to be completed in all respects Accept that tender offers, which do not provide all the data or information requested completely and in the form required, may be regarded by the employer as non-responsive.

F.2.15 Closing time F.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. Proof of posting shall not be accepted as proof of delivery. The employer shall not accept tender offers submitted by telegraph, telex, facsimile or e-mail, unless stated otherwise in the tender data.

F.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.

F.2.16 Tender offer validity F.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.

F.2.16.2 If requested by the employer, consider extending the validity period stated in the tender data for an agreed additional period.

F.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.

Note: Sub-clause F.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.


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F.2.18 Provide other material F.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. 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.

F.2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required.

F.2.19 Inspections, tests and analysis Provide access during working hours to premises for inspections, tests and analysis as provided for in the tender data.

F.2.20 Submit securities, bonds, policies, etc. If requested, submit for the employer’s acceptance before formation of the contract, all securities, bonds, guarantees, policies and certificates of insurance required in terms of the conditions of contract identified in the contract data.

F.2.21 Check final draft Check the final draft of the contract provided by the employer within the time available for the employer to issue the contract.

F.2.22 Return of other tender documents If so instructed by the employer, return all retained tender documents within 28 days after the expiry of the validity period stated in the tender data

F.2.23 Certificates Include in the tender submission or provide the employer with any certificates as stated in the tender data.

F.3 The employer’s undertakings

F.3.1 Respond to clarification Respond to a request for clarification received up to five working days before the tender closing time stated in the Tender Data and notify all tenderers who drew procurement documents.

F.3.2 Issue Addenda If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period from the date that tender documents are available until seven days before the tender closing time stated in the Tender Data. If, as a result a tenderer applies for an extension to the closing time stated in the Tender Data, the Employer may grant such extension and, shall then notify all tenderers who drew documents.

F.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.

F.3.4 Opening of tender submissions F.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.


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F.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, the total of his prices, preferences claimed and time for completion, if any, for the main tender offer only.

F.3.4.3 Make available the record outlined in F.3.4.2 to all interested persons upon request.

F.3.5 Two-envelope system F.3.5.1 Where stated in the tender data that a two-envelope system is to be followed, open Only the technical proposal of valid tenders in the presence of tenderers’ agents who choose to attend at the time and place stated in the tender data and announce the name of each tenderer whose technical proposal is opened.

F.3.5.2 Evaluate the quality of the technical proposals offered by tenderers, then advice tenderers who remain in contention for the award of the contract of the time and place when the financial proposals will be opened. Open only the financial proposals of tenderers, who score in the quality evaluation more than the minimum number of points for quality stated in the tender data, and announce the score obtained for the technical proposals and the total price and any preferences claimed. Return unopened financial proposals to tenderers whose technical proposals failed to achieve the minimum number of points for quality.

F.3.6 Nondisclosure Not disclose to tenderers, or to any other person not officially concerned with such processes, information relating to the evaluation and comparison of tender offers, the final evaluation price and recommendations for the award of a contract, until after the award of the contract to the successful tenderer.

F.3.7 Grounds for rejection and disqualification 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.

F.3.8 Test for responsiveness F.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

c) is responsive to the other requirements of the tender documents.

F.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) 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 non-conforming deviation or reservation.


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F.3.9 Arithmetical errors F.3.9.1 Check responsive tender offers for arithmetical errors, correcting them in the following manner:

a) Where there is a discrepancy between the amounts in figures and in words, the amount in figures shall govern.

b) If bills of quantities (or schedule of quantities or schedule of rates) 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.

c) 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.

F.3.9.2 Consider the rejection of a tender offer if the tenderer does not correct or accept the correction of his arithmetical errors in the manner described in F.3.9.1.

F.3.10 Clarification of a tender offer Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from the tender offer.

F.3.11 Evaluation of tender offers F.3.11.1 General Appoint an evaluation panel of not less than three persons. Reduce each responsive tender offer to a comparative offer and evaluate it using the tender evaluation method that is indicated in the Tender Data and described below:

Method 1 : Financial offer

1) Rank tender offers from the most favourable to the least favourable comparative offer. 2) Recommend highest ranked tenderer for the award of the contract, unless there are compelling and justifiable reasons not to do so.

Method 2 : Financial offer and preferences

1) Score tender evaluation points for financial offer. 2) Confirm that tenderers are eligible for the preferences claimed and if so, score tender evaluation points for preferencing. 3) Calculate total tender evaluation points. 4) Rank tender offers from the highest number of tender evaluation points to the lowest. [ 5) Recommend tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so.

Method 3 : Financial offer and quality

1) Score quality, rejecting all tender offers that fail to score the minimum number of points for quality stated in the Tender data. 2) Score tender evaluation points for financial offer. 3) Calculate total tender evaluation points. 4) Rank tender offers from the highest number of tender evaluation points to the lowest. 5) Recommend tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so.

Method 4 : Financial offer, quality and preferences

1) Score quality, rejecting all tender offers that fail to score the minimum number of points for quality stated in the Tender data. 2) Score tender evaluation points for financial offer. 3) Confirm that tenderers are eligible for the preferences claimed, and if so, score tender evaluation points for preferencing. 4) Calculate total tender evaluation points. 5) Rank tender offers from the highest number of tender evaluation points to the lowest. 6) Recommend tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so.

Score financial offers, preferences and quality, as relevant, to two decimal places.


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F.3.11.2 Scoring Financial Offers

Score the financial offers of remaining responsive tender offers using the following formula:

NFO = W, x A where:

NFO = the number of tender evaluation points awarded for the financial offer.

W1 = the maximum possible number of tender evaluation points awarded for the financial offer as stated in the Tender Data.

A = a number calculated using either formulas 1 or 2 below as stated in the Tender Data.

Formula Comparison aimed at achieving Option 1 Option 2

1 Highest price or discount A = (1 + (P – Pm)) Pm

A = P / Pm

2 Lowest price or percentage commission/fee

A = (1 - (P – Pm)) Pm

A = Pm / P

where:

Pm = the comparative offer of the most favourable tender offer. P = the comparative offer of tender offer under consideration.

F.3.11.3 Scoring for B-BBEE

B-BBEE Status Level of Contributor

Number of points

(90/10 system)

Number of points

(80/20 system)

1 10 20

2 9 18

3 8 16

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant contributor 0 0

F.3.12 Insurance provided by the employer If requested by the proposed successful tenderer, submit for the tenderer's information the policies and / or certificates of insurance which the conditions of contract identified in the contract data, require the employer to provide.


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F.3.13 Acceptance of tender offer F.3.13.1 Accept tender offer only if the tenderer complies with the legal requirements stated in the Tender Data.

F.3.13.2 Notify the successful tenderer of the employer's acceptance of his tender offer by completing and returning one copy of the form of offer and acceptance before the expiry of the validity period stated in the tender data, or agreed additional period. Providing the form of offer and acceptance does not contain any qualifying statements, it will constitute the formation of a contract between the employer and the successful tenderer as described in the form of offer and acceptance.

F.3.14 Notice to unsuccessful tenderers After the successful tenderer has acknowledged the employer's notice of acceptance, notify other tenderers that their tender offers have not been accepted.

F.3.15. Prepare contract documents If necessary, revise documents that shall form part of the contract and that were issued by the employer as part of the tender documents to take account of:

a) addenda issued during the tender period,

b) inclusion of some of the returnable documents,

c) other revisions agreed between the employer and the successful tenderer, and

d) the schedule of deviations attached to the form of offer and acceptance, if any.

F.3.16 Issue final contract Prepare and issue the final draft of contract documents to the successful tenderer for acceptance as soon as possible after the date of the employer's signing of the form of Offer and acceptance (including the schedule of deviations, if any). Only those documents that the conditions of tender require the tenderer to submit, after acceptance by the employer, shall be included.

F.3.17 Complete adjudicator's contract Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange for both patties to complete formalities for appointing the selected adjudicator at the same time as the main contract is signed.

F.3.18 Provide copies of the contracts Provide to the successful tenderer the number of copies stated in the Tender Data of the signed copy of the contract as soon as possible after completion and signing of the form of offer and acceptance.


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PARTC3: SCHEDULE OF QUANTITIES

C3.1 PRICING INSTRUCTIONS C3.2 BILL OF QUANTITIES C3.3 SUMMARY OF THE BILL OF QUANTITIES C3.3 CALCULATION OF TENDER SUM


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C3.1 PRICING INSTRUCTIONS For the purposes of this bill of quantities, the following words shall have the meanings hereby assigned to them: Unit: The unit of measurement for each item of work as defined in the standard specifications or the project specifications. Quantity: The number of units of work for each item. Rate: The payment per unit of work for which the tendered tenders to do the work. Amount: The product of the quantity and the rate tendered for an item. Amount An amount tendered for an item, the extent of which is described in the bill of quantities, the specifications or elsewhere, but of which the quantity of work in not measured in units. The bill of quantities forms part of the contract documents and must be read in conjunction with all the other documents comprising the contract documents. The quantities set out in the bill of quantities are only approximate quantities. The quantities of work finally accepted and certified for payment, and not the quantities given in the bill of quantities, will be used to determine payments to the contractor. The validity of the contract shall in no way be affected by differences between the quantities in the bill of quantities and the quantities finally certified for payment. Work is valued at the rates or lump sums tendered, subject only to the provisions of subclause 1209(a) of the standard specifications. Rates and lump sums shall include full compensation for overheads, profits, incidentals, tax (other than VAT), etc. and for the completed items of work as specified, all in accordance with sub-clause 1209(b) of the standard specifications. Full compensation for completing and maintaining, during the defects liability period, all the work shown on the drawings and specified in the standard specifications and project specifications and for all the risks, obligations and responsibilities specified in the general condition of contract, special conditions of contract, standard specifications and general specifications shall be considered as provided for collectively in the items of payment given in the bill of quantities, except in so far as the quantities given in the bill of quantities are only approximate. The tenderer shall fill in a rate or a lump sum for each item where provision is made for it even where no quantities are given. Items against which no rate or lump sum has been entered in the tender will not be paid for when the work is executed, as payment for such work will be regarded as being covered by other rates or lump sums in the bill of quantities. The tenderer shall fill in a rate against all items where the words “rate only” appears in the amount column. Although no work is foreseen under such item and no quantities are consequently given in the quantity column, the tendered rate shall apply should work under this item actually be required. Tenders should note the provisions of paragraph 12 of this preamble. If the tender should group a number of items together and tender one lump sum for each group of items, this single tendered lump sum shall apply to that group of items and not to each individual item, or should he indicate that full compensation for any item has been included in the rate for another item, the rate for the item included in another item shall be deemed to be nil. The tendered lump sums and rates shall be valid irrespective of any change in the quantities during the execution of the contract. The works executed are measured for payment in accordance with the methods described in the contract documents under the various payment items, notwithstanding any custom to the contrary. Attention is directed to the provisions of clause 1220 of the standard specifications regarding the measurements of quantities for payment. Except where specified otherwise than in clause 1220, the nett measurement or mass of the finished work in place shall be taken for payment, and any volume or mass of work in excess of that prescribed, shall be excluded. The amount of work or the quantities of material stated in the bill of quantities shall not be regarded as restricting or extending the amount of work to be done or quantity of material to be supplied by the contractor. The statement of quantities of material or the amount of work in the bill of quantities shall not be regarded as authorization for the contractor to order material or to execute work. The contractor shall obtain the engineer’s detailed instructions for all work before. The contractor shall obtain the engineer’s detailed instructions for all work before ordering any materials or executing work or making arrangements in this regard. The short descriptions of the payment items in the bill of quantities are only given to identify the items and to provide specific details. Reference shall, inter alia, be made to the drawings, standard specifications, project specifications, general conditions of contract and special conditions of contract for more detailed information regarding the extent of work entailed under each item. The provisions of clause 45 of the general conditions of contract shall apply to provisional sums and prime cost sums. Subject to the conditions stated in paragraph 12 below, the rates and lump sums filled in by the tenderer in the bill of quantities shall be final and binding with regard to submitting the tender, and may not be adjusted should there be any mistakes in the item numbers in schedule B of the bill of quantities are, in addition, precede by the number of each separate part of schedule B of the


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bill of quantities e.g. payment item 62.02 described in the standard specifications (clause 6210), when used in part 3 of schedule B of the bill of quantities, would be numbered 3/62.02, and if this item would be indicated as 3/B62.02. A Tender may be rejected if the unit rates or lump sums for some of the items in the bill of quantities are, in the opinion of the employer, unreasonable or out of proportion, and if the tenderer fails, within a period of seven (7) days of having been notified in writing by the employer to adjust the unit rates or lump sums for such items, to make such adjustments. 13. The units of measurement indicated in the Schedule of Quantities are metric units. The following abbreviations may appear in the Schedule of Quantities: mm = millimetre m = metre km = kilometre km-pass = kilometre-pass m² = square metre m²-pass = square metre-pass ha = hectare m³ = cubic metre m³-km = cubic metre-kilometre kW = kilowatt kN = kilonewton kg = kilogram t = ton (1000 kg) % = per cent MN = meganewton MN-m = meganewton-metre PC Sum = Prime Cost Sum Prov Sum = Provisional Sum


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C3.2 BILL OF QUANTITIES

ITEM DESCRIPTION UNIT QTY RATE (AMOUNT)

AMOUNT (RANDS)

4.2.1 PRELIMINARY AND GENERAL

(a) General

Allow for complying with all special preliminary & general conditions of contract and labour requirements for attending all inspections and site meetings and for providing all works and services for which no specific items are listed in the schedule of quantities.

sum 1

(b) Site establishment

Allow for site establishment for providing and erecting a site office, all associated services and for storage of plant materials and equipment including protection thereof.

sum 1

(c) Permits and notices

Allow for obtaining all necessary permits and giving of notices and cooperation with other trades.

sum 1

(d) Commissioning and testing

Supply all test equipment and labour for testing, commissioning and adjustments of the final installation as well as being in attendance and giving assistance for any inspection and test the engineer may call for.

sum 1

(e) Drawings

Allow for making up a full set of drawings to show the correct position of masts, foundations, headgear, luminaries, etc which should be handed to the engineer.

sum 1

(f) Transport Allow for the of all material and equipment to site. - mast measured in 3.2.3 (b)

sum 1

(g) Any additional item(s) that the tender wishes to detail and price to complete the contract. Specify in covering letter

sum 1

(h) Allow for community liaison officer during the duration of the contract at R4000.00 per month.

sum 1

(i) Allow for Compliance with the Construction Regulations 2014 during Construction and Construction Completion

sum 1

(j) Allow for PSC (Project Steering Committee) meeting sittings during the duration of the contract at R300.00 per meeting per month

sum 1

(k)

Allowance of PC amount for Special Requirement on OHS relating to COVID19 Regulation as gazetted and with Amendments from Time to Time. This fund shall be used in terms of the act for performance of Essential Services as Gazetted. Allowance Amount R100,000.00

Allowed Amount

1 R100,000.00 R100,000.00

(l) Profit and Attendance on above …………% Sum 1 %

(m: Supply 2800 mm width X 1800 mm length name board as per drawing BK0060/BELES/01/BPH/NB(1-1)

sum 1

Amount Carried Forward To Next Page


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AMOUNT (RANDS)

4.2.2 HIGH MAST FOUNDATION

(a)

Mast foundation - Determine the actual soil bearing pressure on site and Design of Foundation for Mounting High Mast Lights. The design to be approved by Consultant prior to commencement of the foundation construction.

each 12

(b)

Supply of all building material and construction for mast foundations (complete with reinforcing bolt coverage and nuts/bolts) including excavation (LI: Labour Intensively.), backfilling, compaction, cleaning up and professional structural engineering certificate in terms of engineering act of 2000 (Issued by ECSA registered person)

each 12

(c) Additional excavations required for deeper foundations being necessary due to soil conditions or any other reason, pickable soil.

m³ 15

(d) Additional rate for excavations in soft rock. m³ 35

(e) Additional rate for excavations in hard rock. m³ 35

(f) Additional rate for blasting m³ 35

(g) Additional rate for in-site concrete (weak mix- Mpa at 25 days) required to backfill additional excavations for foundations.

m³ 5

Subtotal Of 4.2.2 carried to Collection


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AMOUNT (RANDS)

4.2.3 MASTS MANUFACTURED FROM STEEL AND GALVANIZED

(a)

Supply poles as per specification complete with headframe, luminaire carriage, accessories, distribution board, terminal box, elec cables, photocell, mast cables, surge arrestors etc (excluding the luminaries)

each 12

(b) Transport sum 1

(c) Erection of masts each 12



AMOUNT (RANDS)

4.2.4 LUMINARIES

(a) Supply and delivery to site, secure to luminaire carriage, connect to supply, complete with control gear and lamps a total of 9 luminaries per mast.

each 108

(b) Supply of spare lamp each 5



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AMOUNT (RANDS)

4.2.5 EARTHING OF MASTS

(a) Supply, install and connect 3 x 16mmx1200mm earthing rods with 70mm² copper wire per masts.

each 50

(b) Determination of soil resistivity before and after installation of earthing rods at each High Mast point.

each 12

(c) Rate for supplying additional earthing rod to achieve less resistance if instructed by the engineer.

each 20

(d) Price for 70mm² bare stranded copper earth wire. m 150

(e) Installation of 70mm² bare stranded copper each wire m 150



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AMOUNT (RANDS)

4.2.6 CONNECTING OF MASTS TO NETWORK

(a) Excavate and backfill trench 400mm wide x 600mm deep x 2m long. (LI : Labour Intensively.)

(i) Pickable soil m³ 10

(ii) Soft rock m³ 10

(iii) Hard rock m³ 80

(b) Supply and install cable, 25 mm X 4C PVC SWA PVC m 1 Rate Only

(c) Supply and install cable, 16 mm X 4C PVC SWA PVC m 50

(d) Supply and install cable, 10 mm X 4C PVC SWA PVC m 80

(e) Supply and install cable, 6 mm X 4C PVC SWA PVC m 120

(f) Supply and install pole top box complete with 40A triple pole curve 1 MCCB

each 12

(h) Supply and install termination from MCCB in pole top box to ABC

each 12

(i) Supply and install 16mm² cable and terminations to pole top box and high mast.

set 12

(j) Supply and install 10mm² cable and terminations to pole top box and high mast.

set 12

(k) Supply and install 6mm² cable and terminations to pole top box and high mast.

set 12

(l) Supply and install 32mm dia x 2m long galvanised conduits for protection of cable at pole.

each 12

(m) Allowance of PC amount for supply authority electrical connection

(i)

PC amount R1,266,000.00 sum 1 R1,266,000.00

(ii) Profit And Attendance on above …………% sum 1 %

(n) Allowance of PC amount for Survey and Tests to be used by an Engineer as and when required

(i) PC amount R150,000.00 sum 1 R150,000.00

(ii) Profit and Attendance on above …………% sum 1 %

(o) Allowance of PC amount for Low Voltage network extensions and alterations by Eskom area approved Contractor

(i) PC amount R110,000.00 sum 1 R110,000.00

(ii) Profit and Attendance on above …………% sum 1 %

Amount Carried Forward To Summary Page


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AMOUNT (RANDS)

4.2.7 OVERHEAD LINE CONSTRUCTION

4.2.7.1 SETTING OUT OF WORKS AND BUSH CLEARING

Survey the overhead line route as well as pegging the pole positions

(a) MV Power lines km 1 Rate only

4.2.7.2 WOODEDN POLES TO SABS 754 – 1982 (EUCOLYPTUS)

The following rate shall include for the supply, delivery and erecting of pre-drilled and treated with creosote wooden poles. If poles are not pre-drilling this rate shall include for drilling on site as well as treatment with creosote. All poles shall be supplied by Eskom approved suppliers.

(a) 12 meters with a minimum top diameter of 180 – 200mm for the transformer installation and road crossings.

each 1 Rate Only

(b) 11 meters with a minimum top diameter of 160 – 180mm. each 1 Rate Only

(c) Bags of cement (½ bag per pole) conductive each 1 Rate Only

4.2.7.3 STAYS

The following rate shall include for the supply, delivery and installation of the following stays, complete with all material and labour as specified or implied. The excavation of the holes as well as the backfilling and compaction is measured elsewhere

(a) MV stay, conventional each 1 Rate Only

(b) MV flying stay each 1 Rate Only

(c) MV 11m strut pole assembly each 1 Rate Only

4.2.7.4 LABELLING - The following rate shall include for the supply, delivery and installation of labelling at all switching devices.

each 1 Rate Only

4.2.7.5 EXCAVATIONS FOR ALL POLES STAYS WIDE X 1200MM LONG - The following rates are for excavation, backfilling and compaction of the pole and stay holes to specification

4.2.7.5.1 Pickable soil

(a) 2,0m deep pole excavations each 1 Rate Only

(b) 1,8m deep pole excavations each 1

Rate Only

(c) MV stay excavations each 1 Rate Only

(d) 11m strut pole excavations each 1 Rate Only



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AMOUNT (RANDS)

Amount Carried Brought Forward from Previous Page

4.2.7.5.2 Soft rock

(a) 2,0m deep pole excavations each 1 Rate Only

(b) 1,8m deep pole excavations each 1 Rate Only



4.2.7.5.3 Rock drilling (Hard rock)

(a) 2.0m deep pole excavations each 1 Rate Only

(b) 1.8m deep pole excavations each 1 Rate Only



4.2.7.6 STRINGING ACSR POWER LINE CONDUCTOR

The rate shall include for the supply, delivery, stringing and terminating the specified ACSR conductor.

ACSR FOX – Rate per meter of conductor m 500 Rate Only

4.2.7.7

POLE STRUCTURE ASSEMBLIES - The rate shall include for the supply, delivery and assembling of the pole structure. Rate shall include for all the materials and labour as specified or implied including all washers, bolts, nuts and other fixing materials like band-it straps and buckles. All strain insulators shall be porcelain. All insulators shall be sourced from Eskom approved suppliers.

(a) Three phase structures (600mm spacing) each 1 Rate Only

(b) MV intermediate staggered vertical each 1 Rate Only

(c) MV Strain (1o – 30o ) Vertical each 1 Rate Only

(d) MV Strain (30o – 90o ) Vertical each 1 Rate Only

(e) MV Strain Vertical termination each 1 Rate Only

(f) MV Link assembly for isolation and equipment each 1 Rate Only

(g) Transformer 25 kVA each 1 Rate Only



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AMOUNT (RANDS)

Amount Carried Brought Forward From Previous Page

4.2.7.8 LINK ASSEMBLIES Each drop out fuse assemblies- Set Of 3

each 1 Rate Only

4.2.7.9

TRANSFORMERS Supply and install the following transformers with assemblies: (Complete with MV surge arrestors, neutral surge arrestor, taps, lugs, bolts, support, covered droppers and all other material necessary to links). 25kVA 22kV/415V

each 1 Rate Only

4.2.7.10 EARTHING OF STRUCTURES

(a) Earth resistivity tests each 1 Rate Only

(b) Earthing of transformer structure each 1 Rate Only

(c)

The rate shall include for the excavation and backfilling of trenches and the supply and installation of all material to complete the transformer MV and LV earths as per Drawing D DT 0862

Rate Only

(d) Earth electrode resistance test each 1 Rate Only

(e) Additional earthing

(i) Supply delivery and installation (including excavations) of 16mm² stranded bare copper conductor

m 100 Rate Only

(ii) Supply delivery and installation of 16mm dia. 1,5m earth rods driven into the ground

each 1 Rate Only

(iii) Termination of 16mm² bare copper earth wire conductor on the equipment earthing stud and at earth rods

each 1 Rate Only

(iv) Supply delivery and installation of flexible earth tails to D-DT- 0628

each 1 Rate Only

4.2.7.11 SUNDRIES

(a) Numbering of MV poles to municipality standards wood poles each 1 Rate Only

(b) Install equipment danger label each 1 Rate Only

Subtotal carried to collection


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AMOUNT (RANDS)

4.2.8 ELECTRICAL TESTING

(a)

The whole installation including all raising and lowering gear, adjustment of luminaries, cabling and attendance. The adjustment shall include aiming of lights at correct angle to achieve Consultant requirements in lighting levels.

each 10

(b) Supply of 5m x 4 core x2.5mm² flexible cable with male and female fittings for testing of high mast in the lowered position.

m 1

(c) Labelling of high masts each 10

Subtotal carried to Summary Collection


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C3.3 SUMMARY OF THE BILL OF QUANTITIES

MORETELE HIGH MAST PROJECT WARD 20

SUMMARY COLLECTION

ITEM DESCRIPTION AMOUNT

4.2.1 Preliminary and General

4.2.2 High Mast Foundation

4.2.3 High Mast Manufacture

4.2.4 Luminaries

4.2.5 Earthing of Masts

4.2.6 Connecting Masts to Network

4.2.7 Overhead Line Construction

4.2.8 Electrical Testing

TOTAL AMOUNT CARRIED TENDER SUMMARY

5 % CONTINGENCIES

SUB TOTAL

VALUE ADDED TAX

TOTAL TENDER SUM CARRIED TO OFFER FORM

C3.4 CALCULATION OF TENDER SUM

Note: Tender Sum is the value of the offered total of the prices exclusive of VAT, Contingencies, CPA and special materials but including contractual variations.

The tender sum offered shall be for the fixed construction period.

All rate Only Items will be evaluated during evaluation and during construction. As and when the item is to be used the consultant has the right to call for alternative or quotation externally


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SECTION 2

PART C4: SCOPE OF WORKS

PART C4 SCOPE OF WORKS PART C5 SITE INFORMATION


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PART C3 SCOPE OF WORK C3.1: Description of Works

This section covers the supply, installation and testing of lighting masts complete with luminaire carriage and accessories in accordance with the requirements of this specification and the standards listed below. Lighting masts are required to be erected within the boundaries of the Moretele local Municipality. The area lighting installation must be performed in conjunction with the floodlight manufacturer and the information included in the tender.

C3.1.1 Employer’s objectives The employer’s objectives are to deliver public infrastructure using labour-intensive methods. Labour-intensive works comprise the activities described in SANS 1921-5/Earthworks activities

which are to be performed by hand/Labour-Intensive Specification and its associated specification data.

Such works shall be constructed using local workers who are temporarily employed in terms of this scope of work.

C3.1.2 Overview and Location of Works

The project is located within the neighbourhood of Makapanstad within the jurisdiction of Moretele Local Municipality.

Please refer to the Locality plan for the location of the project. Annexure C

C3.1.3 Extent of Works The Works to be carried out by the Contractor under this Contract comprise mainly the following:

• Excavation of trenches, backfilling and compaction.

• Supply of LV cables, delivery to installation sites and laying of the cables.

• Supply and installation of High mast lights.

• Terminating of all LV cables.

• Supply of COC.

• Labelling of High mast lights C3.1.4 Location of the Works

Please refer to the Locality plan for the location of the project. C3.1.5 Temporary Works

The main temporary works would be to provide access to properties for the local community on an on-going, daily basis during the construction. No additional payment would be made forthese temporary arrangements.


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C3.1.6 General Information C3.1.6.1 Drawings The reduced drawings contained in Annexure C5.3 that form part of the tender Document shall be used for tender purposes only. Further drawings are to be provided on an on-going basis by the Engineer. The Contractor will be supplied with an unreduced paper print of each of the drawings. These polyester prints are issued free of charge and the Contractor shall make any additional prints he may require at his own cost. Any information in the possession of the Contractor, which the Resident Engineer requires to complete the as-built drawings, shall be supplied to the Resident Engineer before a certificate of completion will be issued. C3.1.6.2 Power, Water Supply and other Services The Contractor shall make his own arrangements concerning the supply of electrical power and all other services. No direct payment will be made for the provision of electrical and other services. The cost of providing these services will be deemed to be included in the rates and amounts tendered for the various items of work for which these services are required. C3.1.6.3 Contractor’s Camp Site and Security The Contractor shall make his own arrangements regarding the establishment of a camp site and housing for his construction personnel and all regulations stipulated by the local authority shall be adhered to. It is anticipated that the Contractor’s choice of a camp site will be influenced by the availability of telephone and electrical connections as well as the supply of portable water. Provision is made in these specifications for the erection of a security fence around the site offices. The Contractor shall be responsible for the security of his personnel and constructional plant on and around the site of the works and for the security of his camp, and the employer will consider no claims in this regard. C3.1.6.4 Additional Requirements for Construction Activities C3.1.6.4.1 The Contractor may not commence constructional activities before adequate provisions has been made to accommodate traffic in accordance with the requirements of this document and the South African Road Traffic Signs manual. C3.1.6.4.2 The Contractor shall submit proposals in connection with directional signs to the Engineer for approval. C3.1.6.5 Programme Requirements for Construction Activities The Contractor shall programme his programme activities to be suitable in terms of his resources to complete the contract inside the stipulated time period. C3.1.6.6 Construction in Confined Areas


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It may be necessary for the Contractor to work in confined areas. In certain areas the width of the fill material and pavement layers may reduce to zero and the working space may be confined. The method of construction in these confined areas depends on the Contractor’s construction plant. However, the Contractor must note that measurement and payment will be in accordance With the cross-sections and dimensions, and that the rates and amounts tendered will be deemed to include full compensation for any special equipment or construction methods or any difficulty encountered in working in working in confined areas and narrow widths, and at or around obstructions, and that no extra payment will be made nor will any claim for payment be considered on account of these difficulties. C3.1.7 Labour Regulations A27 Payment for the labour-intensive component of the works Payment for the works identified in clause 2.3 “the Extent of the Project” in the Project Specifications as being labour-intensive shall only be made in accordance with the provisions of the Contract if the works are constructed strictly in accordance with the provisions of the scope of work. Any non-payment for such works shall not relieve the Contractor in any way from his obligations either in contract. A28 Applicable labour laws 1) The Ministerial Determination for special Public Works Programmes, issued in terms of the Basic Conditions of Employment Act of 1997 by the Minister of Labour Notice No R63 of 25 January 2002, as reproduced below, shall apply to works described in the scope of work as being labour intensive and which are undertaken by unskilled or semi-skilled workers. 2) Sectorial determination 2 A29 Introduction This document contains the standard terms and conditions for workers workers employed in elementary occupations on a Special Public Works Programme (SPWP). /these terms and conditions do NOT apply to persons employed in the supervision and management of a SPWP. A29.2 In this document- (a) “department” means any department of the State, implementing agent or Contractor; (b) “employer” means any department, implementing Municipality or Contractor that hires workers to work in elementary occupations on a SPWP; (c) “worker” means any person working in elementary occupation on a SPWP; (d) “elementary occupation” means any occupation involving unskilled or Semi-skilled work; (e) “management” means any person employed by a department or Implementing Municipality to administer or execute an SPWP; (f) “task” means a fixed quantity work; (g) “task-based work” means work in which a worker is paid a fixed rate for performing a task; (h) “task-rated worker” means a worker paid on the basis of the number of tasks completed” (i) “time-related worker” means a worker paid on the basis of the length of time


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Worked. A30 Terms of Work A30.1 Workers on SPWP on a temporary basis. A30.2 A worker may NOT be employed for longer than 24 months in any five-year cycle on a SPWP. A30.3 Employment on a SPWP does not qualify as a contributor for the purposes of the Unemployment Insurance Act 30 of 1966. A31 Normal Hours of Work A31.1 An employer may not set tasks or hours of work that require a worker to work-

(a) more than forty hours in any week (b) on more than five days in any week; and (c) for more than eight hours on any day.

A31.2 An employer and worker may agree that a worker will work four days per week. A31.3 A task-related worker may not work more than a total of 55 hours in a week to complete the tasks allocated (based on a 40-hour week) to that worker. A32 Meal Breaks A32.1 A worker may not work for more than five hours without taking meal break of at least thirty minutes duration. A32.2 An employer and worker may agree on longer meal breaks. A32.3 A worker may not work during meal break. However, an employer may require a worker to perform duties during a meal break if those duties cannot be left unattended and cannot be performed by another worker. An employer must take reasonable steps to ensure that a worker is relieved of his or her duties during the meal break. A32.4 A worker is not entitled to payment for a period of a meal break. However, a worker who is paid on the basis of time worked must be paid if the worker is required to work or to be available for work during the meal break. A33 Special Conditions for Security Guards A33.1 A security guard may work up to 55 hours per week and up to eleven hours per day. A33.2 A security guard who works more than ten hours per day must have a meal Break of at least one hour or two of at least 30 minutes each. A34 Daily Rest Period Every worker is entitled to a daily rest period of at least eight consecutive hours. The daily rest period is measured from the time the worker ends work on one day until the time the worker starts work on the next day. A35 Weekly Rest Period


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Every worker must have two days off every week. A worker may only work on their day off to perform work which must be done without delay and cannot be performed by workers during their ordinary hours of work (“emergency work”). A36 Work on Sundays and Public Holidays A36.1 A worker may only work on Sundays and public holidays to perform emergency or security work. A36.2 Work on Sundays is paid at the ordinary rate of pay. A36.3 A task-related worker who works on a public holiday must be paid-

(a) the worker’s daily task rate, if the worker works for less than four hours;

(b) Double the worker’s daily task rate, if the worker works for more than

four hours. A36.4 A time-related worker who works on a public holiday must be paid-

(a) the worker’s daily rate to pay, if the worker works for less than four hours on a the public holiday;

(b) double the worker’s daily rate of pay, if the worker works for more than Four hours on the public holiday.

A37 Sick Leave A37.1 Only workers who work four or more days per week have the right to claim sick –pay in terms of this clause. A37.2 A worker who is unable to work on account of illness or injury is entitled to claim one day’s paid sick leave for every full month that the worker has worked in terms of a contract. A37.3 A worker may accumulate a maximum of twelve days’ sick leave in a year. A37.4 Accumulated sick-leave may not be transferred from one contract to another contract. A37.5 An employer must pay a task-rated worker the worker’s daily rate for a day’s sick-leave. A37.6 An employer must pay a time-rated worker the worker’s daily rate for a day’s sick-leave. A37.7 An employer must pay a worker sick pay on the worker’s usual payday. A38.8 Before paying sick-pay, an employer may require a worker to produce a certificate stating the worker was unable to work on account of sickness or injury if the worker is-

(a) absent from work for more than two consecutive days; or

(b) Absent from work on more than two occasions in any eight-week period.


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A37.9 A medical certificate must be issued and signed by a medical practitioner, a qualified nurse or a clinic staff member authorised to issue medical certificates indicating the duration for incapacity. A37.10 A worker is not entitled to paid sick-leave for a work-related injury or occupational disease for which the worker can claim compensation under the Compensation for Occupational Injuries and Disease Act. A38 Maternity Leave A38.1 A worker may take up to four consecutive months’ unpaid maternity leave. A38.2 A worker is not entitled to any payment or employment-related benefits during maternity leave. A38.3 A worker must give her employer reasonable notice of when she will start maternity leave and when she will return to work. A38.4 A worker is not required to take the full period of maternity leave. However, a worker may not work for four weeks before the expected date of birth of her child or six weeks after the birth of her child, unless a medical practitioner, midwife or qualified nurse certifies that she is fit to do so. A38.5 A worker may begin maternity leave-

(a) Four weeks before the expected date of birth; or (b) On an earlier date-

(i) If a medical practitioner, midwife or certified nurse certifies that it is necessary for the health of the worker or that of her unborn; or

(ii) if agreed to between employer and worker; or

(c) on a later date, if a medical practitioner, midwife or certified nurse has certified that the worker is able to continue to work without endangering her health.

A38.6 A worker who has a miscarriage during the third trimester of pregnancy or bears a stillborn child may take maternity leave for up to six week after the miscarriage or stillbirth. A38.7 A worker who returns to work after maternity leave, has the right to start a new cycle of twenty-four months employment, unless the SPWP on which she was employed has ended. A39 Family responsibility leave A39.1 Workers, who work for at least four days per week, are permitted to three days paid family responsibility leave each year in the following circumstances-

(a) when the employee’s child is born;

(b) when the employee’s child is sick;

(c) In the event of a death of –


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(i) the employee’s spouse or life partner; (ii) the employee’s parent, adoptive parent, grandparent, child,

A40 Statement of Conditions A40.1 An employer must give a worker a statement containing the following details at the start of

employment –

(a) the employer’s name and address and the name of the SPWP; (b) the tasks or job that the worker is to perform; and (c) the period for which the worker is hired or, if this is not certain, the expected duration of the contract; (d) the worker’s rate of pay and how this is to be calculated; (e) the training that the worker will receive during the SPWP.

A40.2 An employer must ensure that these terms are explained in a suitable language to any

employee who is unable to read the statement. A40.3 An employer must supply each worker with a copy of these conditions of employment. A 41 Keeping Records A41.1 Every employer must keep a written record of at least the following – (a) the worker’s name and position; (b) in the case of a task-rated worker, the number of tasks completed by the worker; (c) in the case of a time-rated worker, the time worked by the worker; (d) payments made to each worker. A41.2 The employer must keep this record for a period of at least three years after the

completion of the SPWP. A42 Payment A42.1 An employer must pay all wages at least monthly in cash or by cheque or into a bank

account. A42.2 A task-rated worker will only be paid for tasks that have been completed. A42.3 An employer must pay a task-rated worker within five weeks of the work being completed

and the work having been approved by the manager or the contractor having submitted an invoice to the employer.

A42.4 A time-rated worker will be paid at the end of each month. A42.5 Payment must be made in cash, by cheque or by direct deposit into a bank account

designated by the worker. A42.6 Payment in cash or by cheque must take place –


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(a) at the workplace or at a place agreed to by the worker; (b) during the worker’s working hours or within fifteen minutes of the start or finish of work; (c) in a sealed envelope which becomes the property of the worker. A42.7 An employer must give a worker the following information in writing – (a) the period for which payment is made; (b) the numbers of tasks completed or hours worked; (c) the worker’s earnings; (d) any money deducted from the payment; (e) the actual amount paid to the worker.

A42.8 If the worker is paid in cash or by cheque, this information must be recorded on the envelope and the worker must acknowledge receipt of payment by signing for it

A42.9 If a worker’s employment is terminated, the employer must pay all monies owing to that

worker within one month of the termination of employment. A43 Deductions A43.1 An employer may not deduct money from a worker’s payment unless the deduction is

required in terms of a law. A43.2 An employer must deduct and pay to the SA Revenue Services any income tax that the

worker is required to pay. A43.3 An employer who deducts money from a worker’s pay for payment to another person must

pay the money to that person within the time period and other requirements specified in the agreement law, court order or arbitration award concerned.

A43.4 An employer may not require or allow a worker to – (a) repay any payment except an overpayment previously made by the employer by mistake; (b) state that the worker received a greater amount of money than the employer actually paid to the worker; or (c) pay the employer or any other person for having been employed. A44 Health and Safety A44.1 Employers must take all reasonable steps to ensure that the working environment is

healthy and safe. A44.2 A worker must– (a) work in a way that does not endanger his/her health and safety or that of any other person;


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(b) obey any health and safety instruction; (c) obey all health and safety rules of the SPWP; (d) use any personal protective equipment or clothing issued by the employer; (e) report any accident, near-miss incident or dangerous behaviour by another person to their employer or manager. A45 Compensation for Injuries and Diseases A45.1 It is the responsibility of the employers (other than a contractor) to arrange for all persons

employed on a SPWP to be covered in terms of the Compensation for Occupational Injuries and Diseases Act, 130 of 1993.

A45.2 A worker must report any work-related injury or occupational disease to their employer or

manager. A45.3 The employer must report the accident or disease to the Compensation Commissioner. A45.4 An employer must pay a worker who is unable to work because of an injury caused by an

accident at work 75% of their earnings for up to three months. The employer will be refunded this amount by the Compensation Commissioner. This does NOT apply to injuries caused by accidents outside the workplace such as road accidents or accidents at home.

A46 Termination A46.1 The employer may terminate the employment of a worker for good cause after following a

fair procedure. A46.2 A worker will not receive severance pay on termination. A46.3 A worker is not required to give notice to terminate employment. However, a worker who

wishes to resign should advise the employer in advance to allow the employer to find a replacement.

A46.4 A worker who is absent for more than three consecutive days without informing the

employer of an intention to return to work will have terminated the contract. However, the worker may be re-engaged if a position becomes available for the balance of the 24-month period.

A46.5 A worker who does not attend required training events, without good reason, will have

terminated the contract. However, the worker may be re-engaged if a position becomes available for the balance of the 24-month period.

A47 Certificate of Service A47.1 On termination of employment, a worker is entitled to a certificate stating – (a) the worker’s full name; (b) the name and address of the employer; (c) the SPWP on which the worker worked;


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(d) the work performed by the worker; (e) any training received by the worker as part of the SPWP; (f) the period for which the worker worked on the SPWP; (g) any other information agreed on by the employer and worker. A48 Contractor’s default in payment to Labourers and Employees Any dispute between the Contractor and labourers, regarding delayed payment or default

in payment of fair wages, if not resolved immediately may compel the Employer to intervene.

The Employer may, upon the Contractor defaulting payment, pay the moneys due to the

workers not honoured in time, out of any moneys due or which may become due to the Contractor under the Contract.

A49 Provision of Handtools The Contractor shall provide his labour force with hand tools of adequate quality, sufficient

in numbers and make the necessary provisions to maintain the tools in good and safe working conditions

A50 Reporting The Contractor shall submit monthly returns/reports as specified below:

• Signed Muster rolls/pay sheets of temporary workers and permanent staff detailing the number, category, gender, rate of pay and daily attendance.

• Plant utilization returns • Progress report detailing production output compared to the programme of works


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C3.2 ENGINEERING

C3.2.1 Design

(a) The Engineer is responsible for the design of the permanent Works as reflected in these Contract Documents unless otherwise stated.

(b) The Contractor is responsible for the design of the temporary Works and their compatibility with the permanent Works.

(c) The Contractor shall supply all details necessary to assist the engineer in the compilation of the as-built drawings.

C3.2.2 Engineer’s Design (a) Detail description of Works (b) General Works C3.2.3 Contractor’s Design Where contractor is to supply the design of designated parts of the permanent Works or

temporary Works he shall supply full working drawings supported by a professional engineer’s design certificate.

C3.2.4 Design procedures All designs and modifications thereto shall be communicated in writing and the contractor

and engineer shall maintain master lists to record and track all transactions.


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C3.3: PROCUREMENT

PREFERENTIAL PROCUREMENT POINT SYSTEM POLICY C3.3.1 DEFINITIONS

The words in this policy shall bear a meaning as prescribed and/or ascribed by applicable legislation, and in the event of a conflict, the meaning attached thereto by National Legislation shall prevail. a) “Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000);

b) “Comparative price” means the price after the factors of a non-firm price and all unconditional

discounts that can be utilized have been taken into consideration;

c) “Consortium or Joint Venture” 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;

d) “Contract” means the agreement that results from the acceptance of a tender by an organ of state;

e) “Disability” mean, in respect of a person, a permanent impairment of a physical, intellectual, or sensory function, which results in restricted, or lack of, ability to perform an activity in the manner, or within the range, considered normal for a human being;

f) “Firm price” is the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract;

g) “Management” in relation to an enterprise or business, means an activity inclusive of control and performed on a daily basis, by any person who is a principal executive officer of the company, by whatever name that person may be designated, and whether or not that person is a director;

h) “Non-firm prices” means all prices other than “firm” prices;

i) “Person” includes reference to a juristic person;

j) “Rand value” means the total estimated value of a contract in Rand denomination which is calculated at the time of tender invitations and includes all applicable taxes and excise duties;

k) “Sub-Contracting” means the primary contractor’s assigning or leasing or making out work to, or employing;

l) “Trust” means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person;

m) “Trustee” means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person.

n) “Individual” an individual shall mean a natural person;

o) “The Municipality” means the Moretele Local Municipality;

p) “Companies and Shares” shall be read so as to include Close Corporations and members interests mutatis mutandis;


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q) “Executive Management Committee” shall mean a committee comprising the Municipality’s

Heads of Divisions and any other Manager so invited.

r) “Tender” means a written offer or bid in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of services or goods;

s) “EME” means Exempted Micro Enterprise

t) “B-BBEE” stands for Broad Based Black Economic Empowerment

u) “SANAS” stands for South African National Accreditation System

v) “IRBA” stands for Independent Regulatory Board of Auditors

C3.3.2 PREAMBLE

Whereas the Moretele Local Municipality, being the Municipality, as defined, and engaged in contracts for the acquisition of goods and services and obliged to do so in accordance with a system which is fair, equitable, transparent, competitive and cost effective, hereby provides for a procurement policy to that effect.

C3.3.3 GOALS

The broad goals of this policy are to:

a) Ensure effective and efficient application of resources; b) Promote accountability, transparency and fairness; c) Create opportunities for local small, medium and micro enterprises; d) Enhance quality services; e) Stimulate and counter corruption; f) Eliminate and counter corruption; g) Contribute towards reduction of unemployment.

C3.3.4 OBJECTIVES

The specific objectives of the policy are to:

a) Implement best procurement practices through effective planning, strategic

purchasing and contract management; b) Standardize levels of skill and knowledge of employees/workers; c) Promote HDI enterprises providing services and goods within the Province; d) Introduce a systematic approach to the appointment of service providers ant to promote consistency in respect of supply chain management and offer related

policy initiatives.


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C3.3.5 LEGISLATIVE FRAMEWORK

The procurement system is prescribed and regulated by legislation, amongst which being:

a) Section 217 of the Constitution, Act 108 of 1996 which provides that in contracting for goods

and services, organs of state must do so in accordance with a system that is fair, equitable, transparent, competitive and cost effective;

b) Municipal Finance Management Act, 56 of 2003 which aims to regulate financial management of certain organs of state to ensure that all revenue, expenditure, assets and liabilities are managed efficiently and effectively;

c) Preferential Procurement Policy Act 5 of 2000 (“the Act”) and the regulations promulgated in terms of the Act giving effect to section 217(3) of the Constitution by providing a framework

for the implementation of the preferential procurement policy contemplated in Section 217(2) of the Constitution;

d) All other applicable laws, policies and regulations.

C3.3.6 GENERAL CONDITIONS

The abovementioned provisions of this policy document shall apply, subject to the following terms and conditions:

C3.3.6.1 Company Registration

Whereas the Municipality shall have the above responsibilities, the respective and prospective service providers shall be:

a) Registered with the South African Revenue Services for all categories of taxes applicable to

it.

b) The Municipality reserves the right to have access and/or require production of the original or certified proof of any such registration at a time agreed to by the parties or as may be prescribed by law.

C3.3.6.2 Tender Evaluation

a) Only a tenderer who has complied with the tender evaluation requirements may be

considered for evaluation.

b) The municipality shall, when calculating comparative prices, take into account any discounts,

which have been offered unconditionally.

c) A discount, which has been offered conditionally, must, despite not being taken into account for evaluation purposes, must be implemented when payment is affected.

d) In the event that different prices are tendered for different periods of a contract, the price for

each period must be regarded as a firm price if it conforms to the definition of a “firm price”.

e) Points scored must be rounded off to the nearest two decimals.

f) In the event that two or more tenders have scored equal total points, the successful tenderer


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must be the one scoring the highest number of points in terms of B-BBEE verification level certificate. Should two or more tenders be equal in all respects, the award shall be decided by the drawing of lots.

C3.3.6.3 Principles a) B-BBEE verification level certificate shall be considered for evaluation purpose. This

certificate must be issued by a SANAS accredited verification agency or registered auditors approved by the IRBA. The municipality has the right to check the validity of the certificate (B-BBEE).

b) In the event where there is a change in the B-BBEE status after the closing date of the tender, c) before the award, the tenderer must notify the Municipality and such a tenderer will not be

eligible for any preference points.

d) The contract must be awarded to the tenderer, which scores the highest points.

C3.3.6.4 Declarations

A tenderer must, in the stipulated manner, declare that-

a) The information provided is true and correct; b) The signatory to the tender document is duly authorized; and c) Documentary proof regarding sub-clause C3.3.6.3(a), shall be submitted to the Municipality. C3.3.6.5 Penalties a) Upon detecting that a B-BBEE certificate in terms of the Act, the regulations or this policy

have been obtained on a fraudulent basis, or any specified goals are not attained in the performance of the contract, the Municipality shall act against the person awarded the contract.

b) The Municipality may, in addition to any other remedy it may have against the person contemplated in sub-clause C3.3.6.5(a):

i. Recover all costs, losses or damages it has incurred or suffered as a result of that person’s conduct;

ii. Cancel the contract and claim any damages which it has suffered as a result of

having to make less favourable arrangements due to such cancellation;

iii. Restrict the contractor and its shareholders, directors, partners, sole proprietor, joint venture, trusts, etc. from obtaining business from the Municipality for a period not exceeding 10 years. The Municipality reserves the right to have access and/or require production of the original or certified proof of any such registration at a time agreed to by the parties or as may be prescribed by law.

C3.3.6.6 Areas of Policy Coverage

The above-mentioned provisions of this policy shall apply to, but not limited to, the following entities and/or activity:

a) Procurement of goods or services;

b) Appointment of consultants;

c) Appointment of contractors, consortia and joint venture contractors;


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C3.3.6.7 Criteria for Tender Evaluation

The Municipality shall use the following criteria to evaluate tenders:-

a) Compliance with tender conditions;

b) 90/10 points system on tenders with a Rand value above R1 000 000 (one million rand) and

preference point system 80/20 for tenders with a Rand value equal to, or above R30 000 but up to a Rand value of R1 000 000 (one million rand);

c) Price and functionality

C3.3.6.8 Preference Point System: 90/10

The following formula must be used to calculate the points in respect of tenders/procurement with a Rand value above R1 000 000.00 (one million rand).

This formula should be used to determine points for price.

Ps = 90

Where: Ps = Point scored for price for the tender under consideration. Pt = Rand value of tender under consideration. Pmin= Rand value of the lowest acceptable tender.


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C3.3.6.9 Award of Contract to Tenderer not scoring the Highest Number of Points

Despite the fact that only the tenderer with the highest number of points scored may be awarded, a contract may, on reasonable and justifiable ground, be awarded to a tender that did not score the highest number of points.

Note: The municipality shall adjudicate and award tenders in accordance with the Preferential Procurement Policy Framework Act. 5/2000 and revised Preferential Procurement regulation June 2011 on 100 points for functionality and 90/10 points system where 90 points are for the price and 10 points for B-BBEE according to the said legislation. Tenderers are required to submit valid B-BBEE status level verification certificates. Tenders will remain valid for 90 (ninety) days. The lowest and any tender will not necessarily be accepted and the Municipality reserves the right not to consider any tender not fully completed. Bidders are required to initialize each page of the tender document and sign where necessary.

C3.3.7 PROCUREMENT OF GOODS AND SERVICES

Directive for purchasing goods and services below a Rand value of R200 000.00

C3.3.7.1 Service Providers

In procuring goods and services, a database, for different service providers, shall be compiled from which service providers, in their respective categories of operation, will be selected for specifically identified requirements.

The inclusion into the database shall be by way of invitation through advertisements. The database shall be used for the purposes of rotating requests for quotations from appropriate suppliers. The database shall include service providers supplying stationery, refreshments, security services, minor repairs, etc. but excluding specialized professional services such as HR Consulting, Engineering, etc.

C3.3.7.2 Requirements for Inclusion in the Database

The respective and prospective service providers shall be:

a) Registered with the South African Revenue Services for all categories of taxes applicable to

it.

b) Reserve the right to have access and/or require production of the original or certified proof of any such registration at a time agreed to by the parties or as may be prescribed by law.

C3.3.7.3 Procedures and Processes

The following procedures and processes, in respect of procuring goods and services shall be applicable:-

a) Requests for quotations shall be issued as per 512(1) of the Moretele SCM Policy.

b) Quotations shall be faxed or placed in a tender box at the Municipality.

c) Faxes will be printed or the tender box publicly opened at a prescribed time.

d) All quotations below R30 000.00 shall be awarded on price.


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e) All quotations above R30 000.00 shall be awarded on an 80/20-point system a outlined in the

General Conditions of the policy. The service provider with the highest points shall be awarded the tender.

f) The following information shall be provided in the original or faxed quotation:

i. The fax number of the sender must concur with the number on the supplier’s letterhead;

ii. No supplier may submit more than one quotation, except when a specific alternative product or service is offered;

iii. All quotations shall reflect the contact person’s name and surname;

iv. The business name and director’s, members or individual names must be stated on the quotations;

v. In case of emergency and where only two (2) or one (1) quotation has been submitted, the lowest quotation will be accepted, after the action has been explained to and condoned in writing by the manager of the division concerned. Where two quotations are received, the available quotations will be considered and the lowest price will be accepted.

g) Where only one quotation is received, it shall not be considered, instead, more suppliers will be requested to submit quotations.

C3.3.8 APPOINTMENT OF CONTRACTORS

C3.3.8.1 Procedure for Invitation of Tenders

Tenders will be invited publicly through the general media and other forms of communication to ensure that target communities are reached. The intention is to ensure that the SMME’s in rural areas that may not be in a position to access the general press is also reached.

In the event where normal tendering is not practical due to other constraints, at least three (3) selected service providers shall be invited to submit quotations.

C3.3.8.2 The tender invitation shall include:

a) Specifications and description of project or services to be produced;

b) Tendering information and documentation will be in English;

c) A non-refundable charge shall be payable to cover the cost of the tender documents and

specifications;

C3.3.8.3 Compulsory Requirements

The following requirements shall be applicable to all tenders and non-adherence thereto shall result in an automatic disqualification for the advertised tender:

a) Attendance of site inspection for briefing;

b) Submission of valid tax clearance certificate;

c) Authority to act and contractually bind the tenderer.


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d) Tenderers are required to register with the Construction Industry Development Board (CIDB),

which will then allocate a grade applicable to the tenderer. The grades applicable are shown in the table below.

WORKS CAPACITY

Designation Maximum value of contractor is considered capable of performing

Largest contract completed, during the 5 years immediately preceding the application, in the class of construction works applied2

2 R650,000.00 R150,000.00

3 R2,000,000.00 R500,000.00

4 R4,000,000.00 R1,000,000.00

5 R6,500,000.00 R1,600,000.00

6 R13,000,000.00 R3,250,000.00

7 R40,000,000.00 R10,000,000.00

8 R130,000,000.00 R32,500 000.00

9 No Limit R1,000,000,000.00

e) Any special condition which may be attached to any tender of the Municipality.

C3.3.8.4 Closure and Opening of Tenders

Tenders shall close on a date and time specified in the tender document and shall be open and read in public.

C3.3.8.5 Evaluation of Tenders

Tenders to be evaluated shall comply with the requirements as outlined under C3.3.9.3.

C3.3.8.6 Points in Respect of Status of Enterprise

A maximum of 10 (ten) potential points in respect of 90/10, will be awarded in respect of the status of the B-BBEE

C3.3.8.7 Points in Respect of Price and Functionality

Tenders shall be evaluated on 100 points for functionality and 90/10 points system. Minimum points of 60 percent must be scored on functionality for bidders to be evaluated further into 90/10 points system where 90 is for price and 10 for B-BBEE

a) Calculation of percentage for price

C3.3.2 The financial offer will be scored using the following:

C3.3.3 Ps = W1

C3.3.2 Where

Ps = Point scored for functionality and price of the bid/proposal. W1= (1) 90 where the financial value inclusive of VAT of all responsive tenders

received have a value in excess of R1 000 000.00 or (2) 80 where the financial value inclusive VAT of one or more responsive

tender offers equals or less than R1 000 000.00 Pt = Rand value of tender under consideration. Pmin= Rand value of the lowest acceptable tender.


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b) Calculation of percentage for functionality

The percentage scored for functionality should be calculated as follows:

Functionality/Criterion Weight

1. Company Experience 30

2. Team Leader qualifications (NQF 05) 20

3. Team leader experience 20

4. Methodology/Programme 30

Note: Minimum score for functionality is 60%

c) Calculation of points for functionality and Price

Values that will be utilized when scoring each shall be as follows: 1 Poor; 2 average; 3 good; 4 very good; 5 excellent.

i. Formula to be utilized convert the functionality scores to percentages is as follows: Ps = So/Ms *100 Ps = Percentage scored for functionally by the bidder/proposal under consideration So = Total score of bidder/proposal under considered Ms = Maximum Possible Score Points scored for B-BBEE as contemplated by the PPPFA and its Regulations are then added to the points scored for price. The contract should be awarded to the bidder scoring the highest points.

i. After calculation, the tenderer that scores the highest points, when adding the scores on price

and B-BBEE, shall be awarded the tender;

ii. Points scored on tenders shall be rounded off to 2 decimal places;

iii. Where equal points are scored, the one with the highest B-BBEE points shall be awarded;

iv. Should two or more tenders be equal in all respects, the award shall be decided by the

drawing of lots.

C3.3.8.8 Authority to Award a) The Accounting Officer shall, upon recommendation by the Bid Adjudication Committee, has

the authority to award tenders with the value of up to R20 million. b) The Procurement Committee has the authority to award tenders in excess of R20m.


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C3.3.8.9 Cessions

A service provider awarded a contract may not cede or subcontract a contract/project or any part thereof without written consent of the Municipality and where such consent is granted, a signed agreement involving the cedent, cessionary and the Municipality shall be entered into.

The minimum of 25% must be sub-contracted to a local emerging contractor. A contractor is not allowed to sub contract more that 25% of the contract value to another enterprise that does not have equal or higher B-BBEE status level, unless the intended subcontractor is an EME that has capability and ability to execute the subcontract. Both the cedent and the cessionary shall be jointly and severally liable for the quality of the material supplied and workmanship.

C3.3.8.10 Performance Guarantees The Municipality shall strive to facilitate the participation of HDI’s and SMME by waiving

or reducing the maximum amounts of sureties as follows: a) No surety for projects between R0 to 500 000 b) 1% surety for projects between R500 000 and R1 million c) 2.5% surety for projects between R1 million and R2 million d) 5% surety for projects above R2 million not exceeding R5 million e) 10% surety for projects above R5 million

The period required to provide surety shall be 21 calendar day. However, depending on circumstances, a shorter period may be prescribed. In the event of failure to submit the surety within the stipulated period, the Municipality shall be entitled to cancel the contract and award the tender to a suitable contractor.

Sureties may only be accepted from a banking institution registered in terms of the Banks Act, 1966, an insurer registered in terms of the Short-term Insurance Act (Act 53 of 1998), or from governmental institutions established for such purposes.

C3.3.8.11 Notification of Acceptance

Successful service providers or tenderers shall be notified before the tender validity period expires.

C3.3.8.12 Notification of Acceptance

The relationship between the Municipality and the contractor shall be managed under the following contractual documents:

a) The tender document submitted by the tenderer; b) The project drawings relevant for the tendered project; c) The General Conditions of Contract for Construction Works (2nd edition 2010) published

by the South African Institute of Electrical Engineering (GCC) and the COLTO Standards Specifications for Road Works for State Authorities as they may apply from time to time.

d) The Municipality’s Procurement Policy; attached in C3.4.3.2 e) Any other relevant legislation aimed at meeting other government policy initiatives.


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C3.3.8.13 Tax Clearance Certificate

No contract shall be awarded to an entity which fails to submit a valid original Tax Clearance Certificate from the South African Revenue Service (SARS), certifying that the taxes of the said entity are in order. In cases where the successful tenderer has only submitted a letter from SARS, the tenderer will be given seven (7) working days to submit the original Tax Clearance Certificate. Failure to do so, shall lead to the disqualification of the tenderer. The tenderer with the second highest points shall be awarded the contract.

C3.3.8.13 Variations The Municipality shall have the right to reduce or increase scope of work by more than 30% of the tendered amount.


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C3.4 CONSTRUCTION STANDARD SPECIFICATIONS

SANS 1507/2002 : Cable Specifications

SANS 10142 : Code of Practice for the Wiring of Premises

SABS 780 : Transformer Specifications Standards

SABS 0225 : Pole Design Standard

SANS 1098 : High Mast light lighting

SANS 1464-22 : Safety of luminaires-part22: Luminaires for emergency lighting.

SANS 1088: 2004 : Luminaire entries and spigots

SANS 1574: 2004 : Electrical cables –flexible cords and flexible cables SANS 60947-2:2007 : Low-voltage switchgear and control gear Part 2: Circuit-breakers

Note 1 The Standard Specifications are not bound into the tender and contract documents, but

are available at the Tenderer’s/Contractor’s expense from the South African Bureau of Standards in Pretoria, Private Bag X191, PRETORIA, 0001.

Note 2 Each of the Standard Specifications contains an appendix, which in turn lists further

specifications, which are not bound into the tender and contract documents. Note 3 Both of the Standard Specifications, as well as those specifications that are listed in the

appendix to the Standard Specifications, shall apply to the Contract to the same extent as if each of these specifications had been bound into the tender/contract documents.


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C3.4.1 General Project Specifications

In the event of any discrepancy between the Project Specifications and SANS Standardized Specifications, the Schedule of Quantities or the Drawings, the Project Specifications shall take precedence. Where discrepancies arise with regard to the units of the payment items only, the units stated in the Schedule of Quantities shall prevail.

PS 1 CONSTRUCTION PROGRAMME

PS 2 SITE FACILITIES AVAILABLE

PS 3 SITE FACILITIES REQUIRED

PS 4 FEATURES REQUIRING SPECIAL ATTENTION

PS 5 INFORMATION SUPPLIED BY EMPLOYER

PS 6 EXTENSION OF TIME ARISING FROM ABNORMAL RAINFALL

PS 7 CERTIFICATES OF PAYMENT

PS 8 CONSTRUCTION IN LIMITED AREAS

PS 9 NON-WORKING DAYS

PS 10 SPOIL MATERIAL

PS 11 DRAWINGS

PS 12 LENGTH OF TRENCHES

PS 13 SAMPLES

PS 14 MANUFACTURER'S INSTRUCTIONS

PS 15 MATERIALS AND PLANT

PS 16 NOTICES, SIGNS, BARRICADES AND ADVERTISEMENTS

PS 17 SETTING OUT OF WORK

PS 18 WORKMANSHIP AND QUALITY CONTROL

PS 19 TRANSPORT OF MATERIAL

PS 20 LIAISON WITH LOCAL AUTHORITIES

PS 21 LOCAL LABOUR AND LOCAL SUBCONTRACTORS

PS 22 TRAINING SCHEMES

PS 23 PRESCRIPTIONS IN RESPECT OF EXISTING SERVICES


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Ps 1 : Construction Programme It is a prerequisite of this contract that minimal disruption of the public is ensured during construction. Construction methods must be of such a nature that no property or life is endangered. The Municipality accepts no responsibility for any work done outside the site boundaries without the Engineer's approval. The Contractor himself is responsible for liaison and arrangements with the Engineer in connection with the finalization and approval of the construction programme. The Contractor is responsible for liaison with residents and house owners via the Project Steering Committee in respect of the programming of construction through private erven and the crossing of driveways to erven. No additional payment will be made in this regard and it shall be deemed to be covered by the relevant items. Sufficient digital photographs of all existing structures and obstructions in the pipe line routes must be taken by the Contractor, compiled electronically, indexed and handed over to the Engineer before construction commences. The Contractor shall submit a programme of work to the Engineer/Municipality not later than 14 (fourteen) days after the Contractor has been notified of the acceptance of his tender. This programme must take into account, and allow for phased completion of the work. The Engineer may instruct the Contractor to stop construction work at any stage and time, as may be dictated by financial constraints highlighted by the Clients Cost Control Programme. If necessary, the Engineer may instruct the Contractor to adjust his programme to suit other activities. The programme shall not be in the form of a bar chart only, but shall clearly show the anticipated quantities, the production rates and value of work to be performed each month. A network-based programme according to the precedence method shall also be provided showing the various activities and critical path in such detail as may be required by the Engineer. The programme shall be updated monthly in accordance with the progress made by the Contractor. Failure to comply with these requirements will entitle the Engineer to use a programme based on his own assumptions for the purpose of evaluating claims for extension of time or additional payments. If the programme submitted by the Contractor in terms of Clause 15 of the General Conditions of Contract, has to be revised because the Contractor is falling behind in his programme, he shall submit a revised programme of how he intends to regain lost time to ensure completion of the Works within the period defined in Clause 45 of the General Conditions of Contract or within a granted extension of time. A proposal to increase the tempo of work must incorporate positive steps to increase production either by more labour and plant on the site, or by using the available labour and plant in a more efficient manner. Failure on the part of the Contractor to submit or to work according to the programme or revised programmes shall be sufficient reason for the Engineer to take steps as set out in Clause 58 of the General Conditions of Contract.

The approval by the Engineer of a programme shall have no contractual significance other than the Engineer will be satisfied if the work is carried out according to the programme. The said approval shall not limit the right of the Engineer to instruct the Contractor to vary the programme if necessary. The Contractor shall allow for the effect of normal rainfall and special non-working days in his programme. (CRITICAL PATH MUST BE INDICATED ON PROGRAMME)


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Ps 2 : Site Facilities Available PS 2.1 : Water, electricity and sewage

The Contractor shall make his own arrangements concerning the supply of electrical power, water, telephone and all other services, both for use at the site establishment area as well as for the use in the construction of the Works. No direct payment shall be made for the provision of any service and the cost thereof shall be deemed to be included in the rates tendered for the various items of work for which these services are required.

PS 2.3 : Rain gauge

The contractor must set up his own rainfall gauge. This item is included in the Schedule of Quantities under other fixed-charge obligations. Ps 3 : Site Facilities Required

PS 3.1 : Water, electricity and sewage

The Contractor shall, at his own expense, be responsible for obtaining and distributing the water and electricity required for construction and domestic use. The distribution of water and electricity shall be carried out in accordance with the applicable laws and regulations. No separate payment will be made for obtaining and distributing water and electricity, the cost of which will be deemed to be included in the tendered rates.

PS 3.2 : Site instruction book

A triplicate book shall be provided by the Engineer to be used for site instructions. It shall at all times be kept on the site. Ps 4 : Features Requiring Special Attention

PS 4.1 : Access to properties

The Contractor shall organize the work in such a manner as to cause the least possible inconvenience to the employees working around the site as this is a public institution. PS 4.2 : Contractor's vehicles

All equipment and vehicles used by the Contractor shall be roadworthy at all times and all drivers and operators shall be in possession of valid drivers' licences.

PS 4.3 : Site maintenance

During the progress of the work and upon its completion, the site of the works shall be kept and left in a clean and orderly condition. The Contractor shall at all times store materials and equipment for which he is responsible in an orderly manner, and shall keep the site free from debris and obstruction. Workers shall lunch or have tea breaks only in a designated area with approved refuse and toilet facilities. No open fires shall be permitted on the site. Vehicles and workers must adhere to property demarcated access routes and not take or make short cuts.


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PS 4.4 : Subcontractors

The Contractor is responsible for work carried out on his behalf by subcontractors. The Engineer will not liaise directly with such subcontractors, and all problems relating to payments, programming, workmanship, etc., shall be the concern of the Contractor and the subcontractor, and the Engineer will not be involved. PS 4.5 : Existing Services

Before the Contractor commences operations, he must discuss with and have the approval of the Employer, authority or owner concerned regarding the method he proposes to use for relocating or safe-guarding any services and existing works he may encounter during construction. The Contractor shall be responsible for any damage to such existing services and works in the execution of this contract and shall reimburse the Employer, authority or the owner concerned for any repairs required and for damages. The Contractor shall be responsible for immediately notifying the Engineer and the authorities concerned regarding any damage caused to public services and existing works.

Any alteration to public services shall be carried out by the Authority concerned unless the Contractor is instructed otherwise. The Contractor shall provide the necessary assistance during any operations necessary in connection with the removal, alteration or safe-guarding of any public service. PS 4.6 Safety

The Contractor shall apply suitable proven methods for construction so that his activities will not constitute a hazard to the public or any adjacent property. All excavations shall be suitably safeguarded and barricaded especially during night time, weekends or holidays and any other day of inactivity by the Contractor.

Ps 5 : Information Supplied By Employer Certain information contained in these contract documents, or provided separately, is being offered in good faith. However, in the circumstances pertaining to the type of information supplied, no guarantee can be given that all the information is necessarily correct or representative. More specifically this applies to all material surveys and reports and similar information, the accuracy of which is necessarily subject to the limitation of testing, sampling, the natural variation of material or formations being investigated and the measure of confidence with which conclusions can be drawn from any investigations carried out. It also applies to the positions of existing services as indicated on the drawings. The Employer accepts no liability for the correctness or otherwise of the information supplied or for any resulting damages, whether direct or consequential, should it prove during the course of the contract that the information supplied is either incorrect or not representative. Any reliance placed by the tenderer on this information shall be at his own risk. Ps 6 : Certificates Of Payment

It was agreed that the master copy of the payment certificates would be drawn up and processed by the Contractor. All costs to this effect, as well as reproduction costs shall be to the account of the Contractor. It was agreed that the first month’s certificate will be evaluated and if in order, the same format will be used throughout the contract.


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Ps 7 : Construction In Limited Areas

In certain cases working space may be limited. The method of construction in these restricted areas will depend largely on the Contractor's plant. However, the Contractor must note that measurement and payment will be according to the specified cross-sections and dimensions irrespective of the method used to achieve these cross-sections and dimensions, and that the rates and prices tendered shall be deemed to include full compensation for any difficulty encountered while working in limited areas and narrow widths, and that no extra payment will be made, nor will any claim for payment due to these difficulties be considered. Ps 8 : Non-Working Days

The Contractor shall not work on Sundays or on the following statutory Public Holidays: New Years Day, Human Rights Day, Good Friday, Family Day, Freedom Day, Workers Day, Youth Day, National Women's Day, Heritage Day, Day of Reconciliation, Christmas Day and Day of Goodwill. Whenever any of the above statutory Public Holidays fall on a Sunday, the following Monday shall be a Public

Holiday. Ps 9 : Spoil Material

No indiscriminate spoiling of material will be allowed. All surplus or unsuitable material shall be spoiled in designated areas as directed by the Engineer. Spoiling shall comply with the applicable statutory and municipal regulations.

Ps 10 : Drawings

All "as built" information, as listed below, must be submitted to the Engineer’s Representative before a certificate of completion will be issued. No separate payment will be made for the "as built" drawings

Ps 11 : Samples

The Contractor shall at his own cost, supply all samples that may be required. Material or work not conforming to the approved samples shall be rejected. The Engineer reserves to himself the right to submit samples to any tests to ensure that the material represented by the sample conforms to the requirements of the specifications. The cost of all tests failed shall be for the Contractor’s account.

Ps 12 : Manufacturer's Instructions

The recommendations of the manufacturers of patented materials must be strictly adhered to regarding the use, mixing, application, fastening, etc. thereof except when otherwise instructed in writing by the Engineer.


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Ps 13 : Materials And Plant

The contractor, when using materials that are required to comply with any standard specification, shall, if so ordered, furnish the engineer with certificates of compliance. Where so specified, materials shall bear the official mark of the appropriate authority. Samples ordered or specified shall be delivered to the engineer's office on the site free of charge. Where proprietary products have been specified, similar products may be used subject to the prior written approval of the engineer. Unless otherwise specified, all proprietary materials shall be used and placed in strict accordance with the relevant manufacturer's current published instructions. Unless anything to the contrary is specified, all manufactured articles or materials supplied by the contractor for the permanent works shall be unused. Existing structures on the site shall remain the property of the employer and except as and to the extent required elsewhere in the contract, shall not be interfered with by the contractor in any way. Materials to be included in the works shall not be damaged in any way and, should they be damaged on delivery or by the contractor during handling, transportation, storage, installation or testing they shall be replaced by the contractor at his own expense. All places where materials are being manufactured or obtained for use in the works, and all the processes in their entirety connected therewith shall be open to inspection by the engineer (or other persons authorised by the engineer) at all reasonable times, and the engineer shall be at liberty to suspend any portion of work which is not being executed in conformity with these specifications. The contractor shall satisfy himself that any quarry selected for use provides the necessary mined material in accordance with the specification.

Ps 14 : Notices, Signs, Barricades And Advertisements

The Contractor shall erect the necessary signs, notices and barricades for the duration of the contract in order to safeguard both the works and the public. Notices, signs and barricades as well as advertisements may be used only upon approval by the Engineer, and the Contractor shall be responsible for their supply, erection, maintenance and ultimate removal and shall make provision for this in his tendered rates. The Engineer shall have the right to have any sign, notice or advertisement moved to another position or to have it removed from the site of the works, should it in any way prove to be unsatisfactory, inconvenient or dangerous to the general public. Such notices, signs and barricades shall be provided and erected at the Contractor's own expense. The standard name board of the South African Association of Consulting Engineers is specified. The cost of which shall be included in the rates tendered for items 1300 (Colto) of the Schedule of Quantities.

Ps 15 : Setting Out Of Work

Reference and level beacons will be shown to the Contractor by the Engineer at the commencement of the Contract and the Contractor will be responsible for transferring the data to the Site of Works. The Contractor shall check the condition and accuracy of all reference and level beacons and satisfy himself that they have not been disturbed and are true with regard to position and level. A beacon


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that has been disturbed shall not be used until its true position and level have been re-established and the new values have been certified by the Engineer. The Contractor shall thereafter be held entirely responsible for the protection of all reference and level beacons. The Contractor shall submit the method of setting out he proposes to employ to the Engineer. Accurate control of line and level shall be provided by the Contractor at all stages of construction. Work set out by the Contractor may be checked by the Engineer and any errors found shall be rectified by the Contractor at his own expense. The Contractor shall supply any instrument, equipment, material and labour required by the Engineer for this survey work. Any assistance, including checking given to the Contractor by the Engineer or any setting out done by the Engineer for Contractor shall not be held as relieving the Contractor of his responsibility for the accurate construction of the Works.


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Ps 16 : Workmanship And Quality Control

The onus to produce work which conforms in quality and accuracy of detail to the requirements of the Specifications and Drawings rests with the Contractor, and the Contractor shall, at his own expense, institute a quality-control system and provide experienced foremen, materials technicians, other technicians and technical staff, together with all transport, instruments and equipment, to ensure adequate supervision and positive control of the works at all times. The costs of all supervision and process control, including testing thus carried out by the Contractor shall be deemed to be included in the rates tendered for the related items of work. The Contractor's attention is drawn to the provisions of the various standardized specifications regarding the minimum frequency of testing that will be required for process control. The Contractor shall, at his own discretion, increase this frequency where necessary to ensure adequate control. On completion of every part of the work and submission thereof to the Engineer for examination, the Contractor shall furnish the Engineer with the results of all relevant tests, measurements and levels to indicate compliance with the specifications.

Ps 17 : Transport Of Material

All costs of transporting material shall be included in the applicable tendered rates. All references in the specifications to transport, overhaul and haul distances shall be deleted irrespective of whether or not the deletion is included in these project specifications.

Ps 18 : Liaison With Local Authorities The Contractor will have to liaise with local authorities regarding the following matters: (a) Protection of existing services during construction. All the relevant authorities were notified of above operations. It is then the Contractor's onus to immediately contact all these authorities and to accommodate their involvement in his programme of work. The Contractor should also warn the authorities at least 48 hours before the actual work commences. Compensation for delays, losses or accidents will not be considered should the Contractor at any time have failed to keep the local authorities informed. The Engineer or Employer must immediately be notified, should the Contractor experience any problem regarding work which involves a local authority.


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C3.4.2 Technical Project Specifications Construction of Masts 3.4.2.1Operation conditions

The conditions in which the masts must operate satisfactory are as follows:

Height above sea level 1399m

System voltage 400/230 V (+ 5%)

Lightning strikes Mild(figure to be added)

Pollution level Medium

Wind Pressure

3.4.2.2 Design Parameters:

Lighting masts shall be adequately designed to withstand the static and dynamic stresses imposed by the mast itself together with all luminaires and ancillary equipment fitted, under the wind loading conditions prescribed in SANS 10225. The design shall be performed and signed by a professional engineer and handed in with the tender. Failure to submit the designs shall lead to disqualification of tender. The appointed engineer to act as health & safety agent in terms of the Construction Regulations, 2003

3.4.2.3 Mounting:

Lighting masts shall be designed for mounting on a reinforced concrete foundation by means of a base flange secured to a bolt cage cast into the foundation. In addition, supplementary gussets shall be provided between bolt holes. Means shall be provided to enable masts to be adjusted from deviations from the vertical. A galvanized nut and locknut per bolt is required. Standard SABS metric threads shall be used. The space between the top of the concrete foundation and the underside of the base flange shall be filled with a suitable compound or cement grout after provision of a vermin-proof drainage hole. Cable entry pipes shall not be obstructed and draw wires shall be supplied and installed by the contractor.

3.4.2.4 Access to lighting mast interior:

A door opening shall be provided in the side of the mast to give easy access to a distribution board. The opening shall be protected by a vandal proof, close fitting recessed hinged door, incorporating a vermin-proof ventilation opening, and shall be effectively sealed against the weather. The door shall have a heavy duty latch to firmly hold the door in the closed position. A detailed drawing of the vandal proof lock device is to be provided with the tender for approval. Preference shall be given to locking device compatible with the existing locking device. Details are available from the CoT. When the mast is installed, the opening shall face a direction parallel to the adjacent road or tracks, where applicable. The sides of the base compartment opening shall be suitable reinforced with fully welded steel sections to restore the section modulus and prevent buckling.


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3.4.2.5 Seal: The top and access door of the mast shall be effectively sealed against the ingress of moisture by preferably (IP35) 3.4.2.6 Corrosion proofing:

Lighting masts and associated ferrous parts and attachments shall be corrosion-proofed.

3.4.3 Luminaire Carriage:

3.4.3.1 Lighting masts shall be equipped with a suitable head frame, manufactured from approved steel.

The head frame shall accommodate all non-lowering mast-top equipment associated with the raising/lowering gear and the power connection to the electrical equipment carried on the luminaire carriage. It shall be free from components that require routine maintenance and inspection. It shall, nevertheless, be designed in a manner which will permit inspection and maintenance of all parts from the raised maintenance cage.

3.4.3.2 Luminaire carriage system:

Suitable locating devices should be provided at the head frame, to ensure that the luminaire carriage is firmly held and remains correctly orientated in the fully raised position. (ARP 035).

A visual indicator, positively indicating that the luminaire carriage has reached its fully raised (docked) position, shall be provided in the base compartment of the mast. The luminaire carriage latch system can then be activated.

The contractor will be required to demonstrate the system prior to installation on site.

3.4.3.3 Lighting masts shall be equipped with a luminaire carriage, designed for secure mounting up to a

maximum number of eight luminaires in the required fashion (6x1000W for 40m mast and 8x400W for 30m mast).

3.4.3.4 The luminaire carriage shall be designed to suit the required luminaire configuration. The

necessary mounting brackets for luminaires, terminal boxes, control gear enclosures, canopies, etc. shall be incorporated into the luminaire carriage, in such a fashion that these items can be readily removed.

3.4.3.5 The carriage shall consist of two or more sections, bolted together on site as to facilitate removal from the erected mast. 3.4.3.6 The carriage shall be lowered to a level 1,8m above the mast base flange for servicing. This shall

be achieved by means of suspension ropes operated from a winch at the base of the mast, the ropes being contained within the mast, passing over pulleys in the head frame to the carriage.

The carriage shall operate in conjunction with suitable guides located on the head frame to ensure automatic and precise alignment of the carriage in the final stages of the raising operation and to positively eliminate any fouling of suspension ropes and electrical cables. A specially designed bracket for safely supporting the luminaire carriage in its lowered position and permitting the disconnection of the hoist cables shall be provided per contract.

3.4.3.7 The luminaires and other gear mounted on the carriage shall be positioned to render the carriage

statically balanced as far as possible and the suspension system shall ensure that the luminaire carriage is supported in a stable horizontal position throughout the raising and lowering operation.


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3.4.3.8 The route of the suspension ropes over the pulleys shall be effectively protected against

contamination by bird lime and nesting. The luminaire carriage shall be provided with self-aligning soft surface rollers or skids preventing damage to the mast finishes during a raise or lowering operation. All components such as pulleys, pins, shafts, bearings, split pins, guide pins, etc. used, shall be of material that is completely free from corrosion.

3.4.3.9 Suspension rope pulleys shall be fitted with self-lubricated maintenance-free bearings, protected

against the ingress of moisture and dirt and designed for operation over the life of the mast without further attention. The pulleys shall be machined grooved to a depth of not less than 1,5 times the diameter of the rope. The grooves shall be finished smoothly and be free from surface defects liable to damage the rope. The contour of the bottom of the groove shall be circular over an angle of approximately 120o. The radius of this part of the groove shall be larger than the radius of the rope by 0,8mm. The diameter of the pulleys at the bottom of the groove shall not be less than 24 times the diameter of the rope.

The shafts, on which the pulleys revolve, shall be of large diameter to reduce the bearing loadings below normal design ratings. The shafts shall be positively secured in the head frame assembly to prevent rotation.

Pulleys, carrying ropes or electrical cables, shall be provided with close fitting rope guards to retain the ropes or cables in the grooves when operating either loaded or slack. The guards shall be securely located to prevent movement. Arrangements shall be made to ensure that the electric cables and steel wire ropes are separated before passing over their respective pulleys.

3.4.3.10 Suspension and winch ropes shall be manufactured of AISI, Grade 316, flexible, stranded stainless steel, not less than 6mm diameter and shall have a factor of safety of not less than either 6 times the static load for the equipped luminaire carriage or 10 times the static load when the maintenance cage is utilized and a load of 220kg effective mass taken into account for personnel and equipment, whichever is the greater. Thimbles shall, where possible, be secured by “Talurit” compression splices. If this, for some reason, is not possible, three galvanized “Crosby" type clamps, per thimble, may be used.

NB The saddle portion of the “Crosby” clamp must be placed against the wire under tension and not against the loose end. Suspension ropes shall be easily removable and replaceable for inspection purposes. Tenderers shall provide clear instruction how this can be done.

3.4.3.11 Pulleys, shafts, bearings, bolts, nuts, split pins, etc. shall be manufactured from Grade 316 stainless steel or other material or equal corrosion resistance. All equipment, in contact with stainless steel wire ropes, shall be entirely suitable for use in close contact with stainless steel without danger of electrolytic reaction occurring.

3.4.4 Winch:

3.4.4.1 Provision shall be made at the base of the lighting mast to accommodate a double drum

removable type, approved winch and compatible with the one used by the CoT.

The winch (refer optional items) offered shall be of light weight oil-bath type construction and mounted on a suitable frame for easy transfer from one mast to another. The frame shall be compatible to the existing masts of similar design, erected in the municipal area of the Cot It should, also, be easily coupled and uncoupled and removable through the door opening provided at the base of the mast.


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3.4.4.2 Each luminaire carriage suspension rope shall be secured independently in the base of the mast, prior to removal of the winch. The method of securing the ropes shall be such that there will be no deflection of the ropes from the vertical in any direction. 3.4.4.3 The method of transferring the tension from each winch drum to the lock position must be safe.

Pins used shall be of such a design that they lock automatically in position and cannot be removed while the hoist ropes are under tension.

3.4.4.4 Tenderers shall fully describe the method used for transferring the tension from the winch to the

lock position and vice versa, prior to removal or replacement of the winch at tender stage. 3.4.4.5 The winch shall be of the worm-gear type, self-sustaining at all loads and operating speeds, without

the use of brakes or clutches. It shall have a gear ratio of, at least, 50:1 and be suitable for both hand and power operation.

3.3.4.6 The winch shall be fitted with a safety device to ensure that the drum is locked positively when the

cranking handle or power tool is removed from the drive shaft. The safety device shall be applied automatically.

3.4.4.7 Winch drums shall be machine-grooved to ensure a tidy rope lay. The bottom of the groove shall

be circular over an angle of approximately 120o. The radius of the groove shall be larger than the radius of the rope by not less than 0,8mm. The drum grooves shall be finished smoothly and be free from surface defects liable to damage the rope. The drum grooves shall be pitched so that there is a clearance between neighbouring turns of rope.

3.4.4.8 The rope anchorage on the drum shall be such that it is possible to inspect the termination of the

rope in service without dismantling any part of the winch. It shall be so designed that the first and all successive rope lays are reeled on the drum in regular and tidy layers without any undue bending of the rope at the first turn. The drum shall be so designed as to prevent the rope layers from stacking one on top of the other against the flange and, also, to prevent rope on any layer forcing its way down into lower layers.

3.4.4.9 Winch drums shall be manufactured from either S.G. iron or, alternatively, fabricated from mild

steel and hot dip galvanized. The galvanizing shall not be subjected to damage due to rubbing by the hoist ropes on the drum faces. The tenderer shall submit his design for the winch drums together with his tender. The design of the winch and installation shall allow, at least, five turns of the rope to remain on the drum when the winch rope is fully extended under normal operating and maintenance conditions.

3.4.4.10 The winch shall incorporate a separate gearbox for each drum. Worm gearing shall comply with SANS 10294:2000. The performance, operation and testing and maintenance of drum winches. 3.4.4.11 A test certificate, stating the safe working load of the winch and issued by a recognized testing authority, shall be supplied with each winch. Winches shall be fitted with a label and rating plate of a permanent nature in an easily visible position.


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3.4.5. Equipment: 3.4.5.1 Safety precautions:

All bolts, nuts, pins, etc. associated with the luminaire carriage, maintenance cage and raising and lowering equipment shall be locked by means of nylon inserts or split pins. Nylon inserts shall only be used in nuts that will not require removal in the normal course of maintenance. Pins shall be turned out of solid steel bar and, wherever spring washers are used over elongated holes, a suitable flat washer shall be provided between the spring washer and the hole. Special attention shall be given to the safety, reliability and protection against corrosion of the entire suspension system, including raise and lowering gear and ancillary equipment. All bolts, nuts, washers, clips, fasteners and such like fixing devices shall be manufactured of Grade 316 stainless steel.

3.4.5.2 Lighting mast distribution board:

A totally enclosed distribution board of powder coated mild steel or 1,5 mm 3 CR12 stainless steel or approved similar type shall be provided in the mast opposite the door, in a fully accessible manner. The board shall be provided with a cover panel, permitting only the operating toggles of switchgear and face plates of instruments to protrude. The board shall be provided with an adequate number of terminals of suitable size, allowing only one wire per terminal, for the looping of the incoming and outgoing power cable. These terminals shall be provided with bridge pieces connecting any number of adjacent terminals together to form a bus bar. Terminals shall be the rail-mounted clip-on type, with flash-barriers between terminals. At the bottom of the board, suitable grommet access holes or glands for the cable tails shall be provided in such a way that connection of the tails to the terminals can be easily effected. All wiring in the board shall be PVC insulated and run neatly in vertical and horizontal runs without cramping and shall be supported and fixed at regular intervals. All low-voltage switchgear shall be of the same manufacture and shall bear the SABS mark of approved performance. (SANS 60947-2:2007 Low-voltage switchgear and control gear Part 2: Circuit-breakers)

Each controlling device on the board shall be clearly labelled as to its function. Labels shall be engraved ivorene, secured by means of small screws or pop-riveted.

The distribution board, located within the mast access opening, shall be equipped with at least the following 5kA rated equipment:

* 60 A T/P switch Isolator - main switch * 20 A S/P earth leakage unit - for socket outlet * 3 x 20 A S/P MCCB - for each phase * 3 x Double Pole Surge Arrestors * 5 ampere S/P MCCB – for bypass of photocell controller * 420V / 60A contactor + 2 x 5A S/P protection MCCB * 16 ampere 3-pin flush mounted socket outlet * 1 x 20 A T/P MCCB for future connections * 32 ampere multi-pin socket outlet * Earth bar 35mm2 with holes * Neutral bar 35mm2 with holes.

The distribution board shall be wired according SANS 101042 standards as amended

Four stainless steel M12 studs and nuts shall be welded to the inside of the mast to cater for future energy saving and control equipment. The template shall be made available to the successful tenderer,


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3.4.5.3 The photocell must be installed in a removable galvanized metal cover on the outside of the mast,

4m above ground level. The cover shall have sufficient openings to let light through. Photocells must comply with SANS1777:2004.

3.4.5.4 Mast trailing cable:

A flexible, multi-core, heavy duty trailing cable to SANS 1520-1:2001, (Flexible electric trailing cable), shall be installed between the distribution board in the base of the mast and the luminaire carriage, for the power supply to the luminaires. The cable shall be entirely suitable for the bending and load carrying stresses involved and to withstand any abrasion occurring during normal service due to mast vibration.

Guiding pulleys, in the head frame, shall be of adequate diameter and shall have a cable retaining grove sized to match the cable diameter, to ensure that the cable is not subjected to abrasion or undue straining during raising and lowering operations.

The cable shall be securely clamped at the luminaire carriage, the other end being secured to the suspension cable in an approved manner, to ensure that the lower end returns to the mast base during the luminaire raising operation and does not become entangled with suspension ropes.

The cable shall be so installed that it can be replaced from ground level without lowering the mast or the use of special equipment. Tenderers shall provide clear instructions how this can be done.

Both ends of the cable shall be fitted with adequately rated, 3-phase neutral and earth, plug-in connectors to match the socket outlet at the mast distribution board and an identical socket outlet mounted in/on a weatherproof, corrosion resistant terminal box on the luminaire carriage. The socket outlet/plug-in connector combinations on the distribution board and luminaire carriage shall be of the weatherproof type. When connected, the plug-in connectors shall be retained in position by suitable locking devices.

When in the lowered position, testing of the luminaire shall be effected via a three metre length of flexible cable, of equal manufacture and cross-sectional area to that supplying the luminaires and fitted with plug-in connectors on both ends to suit the socket outlets on the distribution board and luminaire carriage.

The terminal box, on the luminaire carriage, shall contain fixed terminal blocks, for connection of the cabling to the luminaires. Connections, between the terminal box and control gear/luminaires, shall be run in PVC insulated cable via metal ducts or tubes provided in the luminaire carriage or galvanized metal conduits.

All metal work, including luminaires, control gear units and the luminaire carriage, shall be bonded to the earth core of the luminaire supply cable.

The following label, in red, shall be affixed to the distribution board in a prominent position:

“Luminaire socket outlet and plug to be isolated and disconnected before lowering the luminaire carriage.”

A gland plate, accommodating the required cable glands for the incoming and outgoing cables and a terminal board with shrouded terminals, shall be provided in each mast. The armouring/earth continuity conductors of the incoming and outgoing cables shall be made electrically continuous and bonded to all steel work at the mast. The mast shall be earthed as later described in this Specification. The gland plate shall be bonded by means of green PVC insulated 10mm2 copper wires to the mast earth stud.


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3.4.5.5 Terminal blocks:

Terminals shall be of the rail mounted type, moulded from non-hygroscopic, self-extinguishing heat stabilized 6,6 nylon, of high stability and resistance to tracking. The metal current carrying parts shall be of tinned copper type while the clamping spring shall be of stainless steel.

The metal parts must be fully enclosed in the plastic moulding (IP65). In particular the clamping arrangement shall be fully shrouded, and easy positive and unambiguous access must be afforded to the conductor entry. Terminals shall be of adequate current-carrying capacity, and shall have provision for marking by way of clip-on plastic engraved markers.

End stops on end plates are to be used with each row of terminals.

3.4.6 Electric Power Tool:

The electric power tool, incorporating a torque limiting device, for operation of the winches shall be suitable for operation on a 230V, 50Hz, single-phase supply. The operational speed of, and torque developed by, the power tool shall match the requirement of the winch and suspension system. Should a multi-speed power tool, having speeds in excess of the aforementioned operational speed, be supplied, positive means shall be provided on the power tool to prohibit its use at any speed greater than that recommended.

It shall be possible to support the power tool accurately and securely in its operating position for remote control at a distance of 5 metre from the requiring constant pressure for operation. The equipment shall be of robust construction, suitable for site use and shall be complete with interconnecting cables and plug. An operating handle, incorporating a torque limiting device, shall be supplied for manual operation of the winch. The torque limiting devices shall be adjusted according to their function. The adjustment shall be so arranged that it cannot readily be altered during normal use of the tools on site. (This is only applicable if the case is lowered by means of a hydraulic system)

3.4.7 Earthing and Lighting Protection:

3.4.7.1 Earthing

All earthing and bonding shall be carried out in accordance with the Standard Code of Practice for the Wiring of Premises and Earthing of low-voltage (LV) distribution systems. SANS 10292 – 2001

Allowance shall be made for the installation of two earthing rods which shall be installed directly underneath each mast. The rods shall be installed before or simultaneously with the casting of the foundation. The earthing rod resistance to earth must be measured in the presence of the engineer. In the event that the earthing rod resistance to earth exceeds 50 ohm additional earthing rod(s) must be installed and the resistance to earth measured at the tariff quoted in the Schedule of Quantities. Rods shall be of stainless steel or shall have a steel core with copper cladding of, at least, 0,25mm2 thickness, applied by the molten welded process, to form a microscopic crystalline copper-steel alloy between the two metals, as to ensure that abrasion or bending, during driving, will not damage the outer copper skin. Rods shall be approximately 1,2m in length with provision for screwing together to form a mechanically and electrically continuous rod. The joint, between the extensible rods, shall not permit the ingress of moisture. The coupling shall be of a material that will inhibit electrolytic action between the coupling and the copper skin on the rod. Allow for a total length of 2,4m of rod at every mast.


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The top of the rod, after installation, shall be at least 50mm above the top surface of the foundation and must not be in direct contact with the concrete, it must be separated by means of a PVC sleeve. The rod shall be connected, by means of the special clamp supplied by the rod manufacturer or the cad-weld method shall be used, to the earth terminal inside the mast, using 70mm2 bare copper conductors run through the sleeve leading to the mast interior. At the base and at the top of the mast, a M12 stainless steel or brass stud shall be welded or brazed to the main body of the mast in a readily accessible position. The luminaires shall be individually bonded to earth terminals in the junction box at the mast head (for more than two luminaires), which terminals shall, in turn, be bonded to the earth stud on the mast body by means of a 10,0mm2 green insulated cable. This stud shall be easy accessible to loosen the earth wire for testing purposes. At each mast, the incoming and outgoing cable gland earth lugs shall be connected together by means of stranded flexible copper conductors, using terminal lugs crimped on or soldered to, the mast main earthing stud. Should the final design of the masts allow for material less than 4 mm wall thickness, a 70sqmm copper strip shall be installed from the top spike to the main earth stud on the foundation to protect the masts and equipment against lighting strikes.

3.4.7.2 Lightning Protection

All high Masts lights shall have lightning Protection which shall be designed and installed by specialist on earthing and lighting protection. The price of lightning protection shall be included in the pricing of High Mast Pole.

3.4.8 Delivery and Erection of Masts:

The transportation to site, off-loading and erection of lighting masts forms part of this contract. The Contractor is to make his own arrangements regarding load, off-load, transport and the selection of a suitable route and obtaining the approval of the relevant authorities to transport an abnormal load along the selected route. Lighting masts and/or sections of masts shall be transported in such a manner that the possibility of damage to mast finishes is minimized. All masts shall be inspected on site before it is slipped (connected) together. A slip distance of 1.5 times the maximum (lower) diameter of every section must be maintained as per SANS 10225 Lighting masts shall be erected within 5 working days after its delivery to site, in order to minimize the obstruction of construction or other traffic and consequent possible damage to the mast. Masts awaiting erection shall be stored in the immediate vicinity of their foundations, in such location as will minimize traffic obstruction. Before commencing the erection of the mast, the Contractor shall consult with MLM , regarding the precautions necessary to avoid interference with and danger from accidental contact with live electrical overhead lines, telephone lines or traffic, where applicable. After erection of the masts, the Contractor will be required to repair any damage to the galvanizing on the masts to approval of MLM .


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3.4.9 Labelling of masts:

Lighting masts identification number, engraved with 25mm x 20mm lettering, on a 100mm high and 100mm wide anodized aluminium plate, is to be affixed to the mast shaft at a height of 2,5m above the flange facing the road, by means of two M6 Grade 316 stainless steel bolts drilled and tapped holes located on the side facing the road. The project leader will specify the required numbers

3.4.10 Testing On Site:

On completion of the installation the Contractor shall be required to carry out tests on the hoisting equipment as follows:

3.4.10.1 Luminaire carriage:

The test to consist of hoisting the carriage through the full height, holding in the uppermost position and lowering again, a test load equivalent to the stipulated safe working load plus 25% of that load. The results of the test are to be recorded on log sheets and included in the handing over Certificate.

NOTE: The stipulated safe working load that winch and hoisting system is required to lift, i.e. the luminaire carriage compete with the maximum number of luminaires and other ancillary equipment.

The type of winch supplied may have a much greater safe working load than the stipulated safe working load. It is not required that the winch and wire ropes be tested to their maximum nominal capacity plus 25%, if this is greater than the stipulated load of the carriage plus luminaires.

3.4.10.2. Electrical equipment:

The power supply cable to each mast will be provided by others. The contractor shall terminate and connect the supply cable and test the working of all electrical equipment before handover.

3.4.10.2.1 Test lead:

A testing lead of at least 3m length with male and female plug is required for the testing of luminaires (mounted on the luminaire carriage) in the lowered position and shall be supplied per winch. The lead is to be manufactured from the same material and type as the trailing cable. Each mast shall be equipped with a test lead.

3.4.11. Foundations:

3.4.11.1 Soil conditions:

For tender purposes, the Contractor shall design the mast foundation for a soil bearing pressure of 100 kPA. Before foundations are commenced, the successful tenderer shall do a comprehensive sub-soil investigation for verification of soil bearing pressures. The actual soil bearing pressure shall be used in determining the size of the foundations. Should a Geotechnical Engineer be required, the costs shall be borne by the tenderer. The tenderer’s Engineer shall certify each foundation separately.

3.4.11.2 Preparation:

The surrounding soil shall be levelled at the location of the foundation over an area extending at least 1,0m from the mast base, in all directions. Soil shall be shaped to permit drainage of storm water past the mast base, where foundations are located in an embankment.


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3.4.11.3 Design of foundations:

The type and design of foundations to be employed shall meet all requirements for stability of the associated structure. The SANS 10100-1:2000: Code of Practice for the Structural use of Concrete, -Part 1: Design, shall be adhered to.

The mast foundation shall be designed by a registered professional engineer. The design of each mast foundation shall be signed and included in the handing over certificate (section 13).

The contractor shall be responsible for the supply, delivery to site and construction of the foundation in accordance with this design.

Should excavations require deepening, due to the designed foundation depth being insufficient for the terrain/location; such additional excavations will be paid for at the relevant rates in the Price Schedules. This additional excavation shall be backfilled to correct foundation levels using a weak mix concrete having strength of 15 MPa at 28 days.

The mixture and strength of all concrete shall be in accordance with SANS 1200-Section GA: Concrete and shall be carefully controlled on site. Cube tests shall be undertaken by an approved authority and the results shall be made available (SANS 10225: 7.12.6). Test results have to be included in the Handing over Certificate.

Except where otherwise specified, all foundations shall finish at 400mm above the surrounding ground level.

3.4.11.4 Cement:

Cement shall be ordinary or rapid-hardening Portland cement and shall comply with the SABS EN 197-1specification series.

Cement shall, until the time of use, be effectively protected from contact with moisture. Any cement, containing hardened lumps, and concrete executed with such cement, will be rejected.

3.4.11.5 Aggregates:

Aggregates shall consist of natural or crushed particles of rock, complying with SANS 1083: 2006, suitably graded for application to mass concrete foundations.

3.4.11.6 Steel reinforcing:

Reinforcing steel shall comply with the requirements of SANS 920:2005 and the bending dimensions shall be in accordance with SANS 1200 Section H: Structural steelwork and Section HC: Corrosion Protection. All reinforcing rods shall be bent cold to the shape required, a bending machine, suitable for this purpose, being used. All steel reinforcing rods shall be thoroughly cleaned of dirt, grease, bituminous material scale and loose rust, before placing. Effective precautions shall be taken to prevent displacement of rods during the pouring process. All steel reinforcing shall have a minimum concrete cover of 50mm measured from the concrete surface to the outside of the main reinforcement (i.e. excluding stirrups and column hoops) nearest the concrete face.

The portion of the foundation bolts outside the concrete and to a depth of, at least, 150mm into the concrete, as well as the nuts and washers, shall be hot-dip galvanized in accordance with SABS EN 10240:1997 In part 1, SABS ISO 1461:1999 In part 1. The MLM will inspect every prepared foundation before casting.


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3.4.11.7 Water:

Water shall be clean water drawn from the MLM main. 3.4.11.8 Form work:

All form work and steel shutters shall be supplied and installed by the Contractor and supported to withstand all forces to be imposed thereon including the hydrostatic pressure of wet concrete.

All rubbish shall be removed from the interior surfaces of the forms before the concrete is placed. Formwork, in contact with concrete, shall be treated with a suitable stripping compound. Care shall be taken to avoid the stripping compound coming into contact with reinforcement.

3.4.11.9 Cable access:

Each foundation shall have two 100mm diameter non-ferrous cable sleeves leading from the inside of the mast to a point 50mm outside the foundation, 600mm below the final surrounding ground level.

3.4.11.10 Finish:

All concrete work, above ground level, shall be executed with oiled steel shuttering. Concrete shall be thoroughly vibrated during the casting process to render a smooth flat finish, free from pockets or partially exposed aggregate on completion. All exposed corners of cast concrete shall be chamfered, and with a steel flat finish.

3.4.11.11 Cleaning up:

After the casting of the foundation, the holes shall be backfilled and the earth properly compacted. The area around the masts shall be brought to the original level and shall be left neat and tidy.

3.4.11.12 Details required:

Full design details of the foundations, including concrete mix and strength, foundation bolts, reinforcing, etc. as well as detailed dimensioned drawings, signed by a Registered Professional Engineer, shall be submitted with tenders.

3.4.12. Luminaires:

The contractor is required to provide and install luminaires as per the Bill of Quantities. The setting of the luminaires shall be at 75o and the contractor to allow for at least one additional setting per mast at commissioning stage, if requested by MLM.

The floodlight configuration shall achieve a minimum lighting level of 1 lux, spaced in a triangular pattern. The minimum spacing must be indicated in the following table

Masts permissible Number of lights Minimum spacing to Achieve 1 lux

Maximum intensity at 90 deg

30m 9 x 400W HPS - T

Luminaires are to be connected on alternate phases. The luminaires shall bear the SABS certification mark for approved performance shown by an “A” enclosed by a diamond (SANS 60598-2-5).


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"AS BUILT" DRAWINGS:

The Contractor shall, prior to handing over the works to MLM, submit complete approved “as build” drawings.

3.4.13. Test, Commissioning And Handing Over Certificates:

The following tests and inspections are required at commissioning stage:

▪ Earthing rod resistance test at every mast (max resistance 50 ohm). ▪ Luminaires in working order. ▪ Luminaire setting. ▪ Full length lowering and hosting of luminaire carriage. ▪ Test of switch socket outlet and earth leakage relay. ▪ Provide a Handing over Certificate for every mast containing the

following info:

(i) Mast design (SANS 10225). (ii) Mast foundation design (SANS 10100-1:2000). iii) Soil bearing pressure report. (iv) Result of concrete cube test (SANS 10225: 7.12.6). (v) Test certificates certifying the load rating of winches, ropes hydraulic

equipment and site test. (SANS 10225: 7.12.5). (vi) COC for distribution board (OHSA). (vii) “As Built” drawing. (viii) The Pre-Commissioning Checklist is required to be completed by the

contractor prior handing over.


Rev H&S Spec Guideline Oct 2015

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C3.4.3 Particular Specifications and Additions to the Standard Specifications Measurements Excavations 3.4.3.1 Excavate in all material for holes for the foundations, backfill compact and dispose of surplus material. The rate shall apply to all the excavations in (m³). The unit of measurement shall be for the foundation holes of material excavated, classified according to the depth and width specified. The tendered rate shall include full compensation for clearing and grubbing the hole, for excavating the hole, preparing the bottom of the hole, separating material unsuitable for backfill, keeping the excavations safe, dealing with any surface or subsurface water, and for separating topsoil and selected backfill material where necessary. The rate shall furthermore cover the costs of backfilling, compacting and disposing of the surplus material. Extra over item 3.4.1 for excavating in hard material. 3.4.3.2 Excavate in hard material for holes for the foundations, backfill compact and dispose of surplus material The unit of measurement shall be the cubic metre of material excavated and classified as hard, in accordance with the classification set out hereunder. The tendered rate shall be paid over and above the rate tendered for excavation in respect of items 3.4.3.3 in full compensation for the additional cost of excavating in hard material instead of soft. The tendered rate shall include full compensation for any over break as well as the additional backfilling required, reinstating the hole bottom, and for any other incidentals resulting from over break. The materials excavated shall be classified as follows for payment purposes: 3.4.3.4 Hard material: Materials which cannot be excavated efficiently except with the use of pneumatic tools, blasting or wedging and splitting, and shall include boulders exceeding 0,03m3 in volume. 3.4.3.5 Soft material: All material not classified as hard material. Notwithstanding the above classification, all material excavated from previously constructed fills, embankments, pavement layers and from above existing services shall be classified as soft material. The decision of the engineer as to the classification of the material shall be final and binding and any objection as to the classification shall be made before the excavation has been backfilled. The unit of measurement shall be the cubic metre of hole material excavated by means of hand tools as instructed or authorized in writing by the engineer where the use of conventional excavating equipment is either impractical or likely to cause damage to services, trees or property or where the electrical Contractor has to excavate by hand where he cannot excavate by machine.


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The volumes of the whole excavation will be computed from the length and the depth to the bottom of the specified depth and the minimum base widths specified in the drawings. The rate shall cover the cost of complying with the safety and protection requirements specified except where particular items are scheduled to cover particular costs for the excavation.

The tendered rate shall be paid extra over the rates tendered for item 3.4.1 in full compensation for the additional expense of excavating by means of hand labour instead of conventional trenching equipment. 3.4.3.6 Excavate by hand tools in soft pick able soil in m3 Item Unit 3.4.3.7 Supply, deliver and offload lighting high mast Each The unit of measurement shall be the number of lighting masts supplied.

The rate shall include compensation for the supply, delivery and off-loading of the mast complete with all equipment as specified. Separate items shall be scheduled for the different type and size of mast. Item Unit 3.4.3.8 Install and commission lighting mast Each The unit of measurement shall be the number of lighting mast installed. The rate shall cover the cost of the handing, installing, painting, testing and commissioning of each lighting mast. Separate items shall be scheduled for different type and size of mast. Item Unit 3..4.3.9 Supply and install concrete foundation for lighting masts Each

The unit of measurement shall be the number of foundations supplied, delivered and installed or cast. The rate shall include full compensation for the supply of all material for the foundation and drawings for approval and the casting thereof as specified.

Item Unit 3.4.3.10 Supply and install luminaire with lamp. 3.4.3.11 400W luminaire.

The unit of measurement shall be the number of luminaires supplied, installed and aligned.

The rate shall the installation of the luminaries aligning and shall include for all equipment needed to complete the installation such as glands, cable, bolts and nuts, etc.


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Item Unit

3.4.3.12 Supply and install mast labels per mast.

The unit of measurement shall be the number of mast labels supplied, delivered and installed.

Item Unit

3.4.3.13 Supply and install mast earthing per mast.

Item Unit

3.4.3.14 per mast

Installation of additional earth rod and earth resistance measurement

Item (Optional item) Unit 3.4.3.15 Supply of double drum winch and electric power tool. Each Special item Item 3.4.3.16 Supply and installation of winch for the operation of the docking system (retrofitting to mast installed per previous contract only)



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PART C5 OHS Specification for Construction projects



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OCCUPATIONAL HEALTH AND SAFETY

IN

CONSTRUCTION PROJECTS



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TABLE OF CONTENT

1. Preamble .....................................................................................................................

2. Scope of health & safety specification document…………………………………………………...

3. Purpose ………………………………………………………………………………………

4. Definitions…………………………………………………………………………………….

5. Occupational health & safety management…………………………………………………..

5.1 Structure and organization of OHS responsibilities..........................................................

5.1.1 Overall supervision and responsibilities OHS…………………………………………………

5.1.2 Required appointment as per the construction regulation……………………………….

5.2 Communication, participation & consultation………………………………………………...

6. Interpretation………………………………………………………………………………….

7. Responsibilities……………………………………………………………………………….

7.1 Client...........................................................................................................................

7.2 Principal contractor.......................................................................................................

7.3 Contractor…………………………………………………………………………………….

7.4 Responsibilities of Construction Health & Safety Agent (SACPCMP)………………………

8. Scope of work…………………………………………………………………………………

9. Preparing Health & Safety Plan……………………………………………………………….

10. Health & Safety File…………………………………………………………………………...

11. OH&S Goals & Objective & Arrangements for Monitoring & Reviewing OH&S Performance..

11.1 Identification of Hazards & development of Risk Assessment, Standard working

Procedures (SWP) & Method Statement........................................................................... 11.1.1. Monthly audit by client and/or its agent……………………………………………………

11.1.2 Health & Safety incident/accident reporting and investigation……………………………..

12. Review...........................................................................................................................

12.1 Site Rules & other Restrictions……………………………………………………………….

12.1.1 Appointment of Health & Safety Reps……………………………………………………...

12.1.2 Duties and functions of the Health & Safety Reps…………………………………………

12.1.3 Establishment of Health & Safety Committee……………………………………………...

12.1.4 Training & Awareness………………………………………………………………………

13. Project Site Specific Requirements……………………………………………………………. 14. Outlined Data References & information on Certain & Specific Obligatory Requirements to ensure compliance……………………………………………………………. 15. Principal Contractor General duties................................................................................... 16. The Principal Contractor Specific Duties............................................................................


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17. The Principal Contractor Specific Responsibilities with regard to hazardous activities……….. 18. General Notes to the Principal Contractor…………………………………………………….. 19. House Keeping………………………………………………………………………………… 20. Lockout System………………………………………………………………………………... 21. Important Lists & Records to be kept.................................................................................


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1. PREAMBLE

In terms of Construction Regulation 4(1)(a) of the Occupational Health and Safety Act, 1993 (Act 85 of

1993), and 5(1) construction regulation of 2014, the Moretele Local Municipality, as the Client and/or its

Agent on its behalf, shall be responsible to prepare Health & Safety Specifications for any intended

construction project and provide any Principal Contractor who is making a bid or appointed to perform

construction work for the Client and/or its Agent on its behalf with the same.

The Client’s further duties are as described in The Act and the Regulations made there-under. The Principal

Contractor shall be responsible for the Health & Safety Policy for the site in terms of Section 7 of the Act

and in line with Construction Regulation 5 as well as the Health and Safety Plan for the project.

This ‘Health and Safety Specifications’ document is governed by the “Occupational Health and Safety Act,

1993 (Act No. 85 of 1993), hereinafter referred to as ‘The Act’. Notwithstanding this, cognizance should be

taken of the fact that no single Act or its set of Regulations can be read in isolation. Furthermore, although

the definition of Health and Safety Specifications stipulates ‘a documented specification of all health and

safety requirements pertaining to associated works on a construction site, so as to ensure the health and

safety of persons’, it is required that the entire scope of the Labour legislation, including the Basic

Conditions of Employment Act be considered as part of the legal compliance system. With reference to this

specification document this requirement is limited to all health, safety and environmental issues pertaining

to the site of the project as referred to here-in. Despite the foregoing it is reiterated that environmental

management shall receive due attention.

Due to the wide scope and definition of construction work, every construction activity and site will be

different, and circumstances and conditions may change even on a daily basis. Therefore, due caution is to

be taken by the Principal Contractor when drafting the Health and Safety Plan based on these Health and

Safety Specifications. Prior to drafting the Health and Safety Plan, and in consideration of the information

contained here-in, the contractor shall set up a Risk Assessment Program to identify and determine the

scope and details of any risk associated with any hazard at the construction site, in order to identify the

steps needed to be taken to remove, reduce or control such hazard. This Risk Assessment and the steps

identified will be the basis or point of departure for the Health and Safety Plan. The Health and Safety Plan

shall include documented ‘Methods of Statement’ (see definitions under Construction Regulations) detailing

the key activities to be performed in order to reduce as far as practicable, the hazards identified in the Risk

Assessment.


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The Moretele Local Municipality is tasked to provide accommodation and operational facilities to a very

large proportion of the approximate 35 National Departments responsible for the governance of the

Moretele Local Municipality. A very large number of State employees and public users of the facilities and

the services provided there-in directly interacts with the facilities provided by the well-being, health and

safety of a great number of people. This Department thus has directly or indirectly, an impact on the

Republic of South Africa as well as the National Parliament.

In this a high premium is to be placed on the health and safety of the most valuable assets of the Moretele

Local Municipality. These are its personnel, the personnel of its Clients and the physical assets of which it is

the custodian and may also include the public as well. The responsibilities the Department and relevant

stakeholders have toward its employees and other people present in the facilities or on the sites are

captured further in this specification document. These responsibilities stem from both moral, civil and a

variety of legal obligations. The Principal Contractor is to take due cognisance of the above statement.

Every effort has been made to ensure that this specification document is accurate and adequate in all

respects. Should it however, contain any errors or omissions they may not be considered as grounds for

claims under the contract for additional reimbursement or extension of time, or relieve the Principal

Contractor from his responsibilities and accountability in respect of the project to which this specification

document pertains. Any such inaccuracies, inconsistencies and/or inadequacies must immediately be

brought to the attention of the Agent and/or Client.


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2. SCOPE OF HEALTH AND SAFETY SPECIFICATION DOCUMENT

These Specifications should be read in conjunction with the Act, the Construction Regulations and all other

Regulations and Safety Standards which were or will be promulgated under the Act or incorporated into the

Act and be in force or come into force during the effective duration of the project. The stipulations in this

specification, as well as those contained in all other documentation pertaining to the project, including

contract documentation and technical specifications shall not be interpreted, in any way whatsoever, to

countermand or nullify any stipulation of the Act, Regulations and Safety Standards which are promulgated

under, or incorporated into the Act.

3. PURPOSE

The Department is obligated to implement measures to ensure the health and safety of all people and

properties affected under its custodianship or contractual commitments, and is further obligated to monitor

that these measures are structured and applied according to the requirements of these Health and Safety

Specifications.

The purpose of this specification document is to provide the relevant Principal Contractor (and his /her

contractor) with any information other than the standard conditions pertaining to construction sites which

might affect the health and safety of persons at work and the health and safety of persons in connection

with the use of plant and machinery; and to protect persons other than persons at work against hazards to

health and safety arising out of or in connection with the activities of persons at work during the carrying out

of construction work for the Moretele Local Municipality. The Principal Contractor (and his /her contractor)

is to be briefed on the significant health and safety aspects of the project and to be provided with

information and requirements on inter alia:

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

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

c) submissions on health and safety matters required from the Principal Contractor(and his /her

contractor); and

d) the Principal Contractor’s (and his /her contractor) health & safety plan.


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To serve to ensure that the Principal Contractor (and his /her contractor) is fully aware of what is expected

from him/her with regard to the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) and the

Regulations made there-under including the applicable safety standards, and in particular in terms of

Section 6,7 and 8 of the construction regulation (2014).

To inform the Principal Contractor that the Occupational Health and Safety Act, 1993 (Act 85 of 1993) in its

entirety shall apply to the contract to which this specification document applies. The Construction

Regulations promulgated on 07 February 2014.


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4. DEFINITIONS - The most important definitions in the Act and Regulations

pertaining to this specification document are hereby extracted.

“Purpose of the Act” – To provide for the health and safety of persons at work and the health and safety

of persons in connection with the use of plant and machinery; the protection of persons other than persons

at work against hazards to health and safety arising out of or in connection with the activities of persons at

work; to establish an advisory council for occupational health and safety; and to provide for matters

connected therewith.

“Health & Safety Specification” – means a document that includes information required under the

construction regulation and obtained from the clients & designers during the early planning & design stage

for a specific project on a specific site for use by the contractors when preparing their tenders or bids to

clients.

“Health & Safety Plan” – means a document which is site specific and includes all identified hazards, safe

work procedures to mitigate, reduce & control the hazards identified in a project.;

“Agent” – means any person who acts as a representative for a client;

“Client” – means any person for whom construction work is performed;

“ Construction Health & Safety Agent (SACPCMP)” – The person or entity appointed by the client

through the Agent and who has a full authority and obligation to act on the clients behalf in terms of the

construction regulations;

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

(a) the erection, maintenance, alteration, renovation, repair, demolition or dismantling of or addition to

a building or any similar structure;

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

risk of a person falling;

(c) the construction, maintenance, demolition or dismantling of any bridge, dam, canal, road, railway,

runway, sewer or water reticulation system or any similar Electrical Engineering structure; or

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

work;


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“Contractor” – means an employer, as defined in Section 1 of the Act, who performs construction work

and includes Principal Contractors;

“Contract Amount” Financial value of the contract at the time of the award of the contract, exclusive of all

allowance and any value added tax or sales tax which the law requires the employer to pay to the

contractor.

“Practical Completion Certificates” A certificates issued in terms of a contract by the employer, signifying

that the whole of the construction works have reached a state of readiness for occupation or use for the

purposes intended, although some minor work may be outstanding.

“Accident” – means unplanned occurrence that happens due to the unsafe condition and may cause injury

to a person, damage to the property, material, plant, equipment and the environment;

“Hazard” – means anything including work activities and practices with the potential to cause harm;

“Risk” – means the likelihood that harm will occur and the subsequent consequences.

“Risk assessment” – means a process to determine any risk associated with any hazard at a construction

site in order to identify the steps needed to be taken to mitigate, reduce or control such hazards.

Health and Safety File” – means a file, or other record in permanent form, containing the information

required a contemplated in the regulations;

5. OCCUPATIONAL HEALTH & SAFETY MANAGEMENT

5.1 Structure and Organization of OH&S Responsibilities

5.1.1. Overall Supervision and Responsibility for OH&S

a) The Client and/or its Agent on its behalf to ensure that the Principal Contractor, appointed in terms

of Construction Regulation 4(1)(c), implements and maintains the agreed and approved H&S Plan.

Failure on the part of the Client or Agent to comply with this requirement will not relieve the

Principal Contractor from any one or more of his/her duties under the Act and Regulations.

b) The Chief Executive Officer of the Principal Contractor in terms of Section 16 (1) of the Act to

ensure that the Employer (as defined in the Act) complies with the Act. The pro forma Legal

Compliance Audit may be used for this purpose by the Principal Contractor or his/her appointed

contractor.


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c) All OH&S Act (85 /1993), Section 16 (2) appointee/s as detailed in his/her/their respective

appointment forms to regularly, in writing, report to their principals on matters of health and safety

per routine and ad hoc inspections and on any deviations as soon as observed, regardless of

whether the observation was made during any routine or ad hoc inspection and to ensure that the

reports are made available to the principal Contractor to become part of site records (Health &

Safety File).

d) The Construction Supervisor and Assistant Construction Supervisor/s appointed in terms of

Construction Regulation 6 to regularly, in writing, report to their principals on matters of health and

safety per routine and ad hoc inspections and on any deviations as soon as observed, regardless of

whether the observation was made during any routine or ad hoc inspection and to ensure that the

reports are made available to the principal Contractor to become part of site records (Health &

Safety File).

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

Act.


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5.12 Required appointments as per the Construction Regulations:-

Item Regulation Appointment Responsibl

e Person

1. 3. Application Construction work permit Client

2. 5(1)(k) Principal contractor for each phase or project Client

3. 5(6) Construction Health & Safety Agent Client

4. 7.(1)(c) Contractor Principal

Contractor

5. 7(3) Contractor Contractor

6. 8(1) Construction manager Contractor

7. 8(2) Assistance Construction manager Contractor

8. 6(1) Construction supervisor Contractor

9. 6(2) Construction supervisor sub-ordinates Contractor

10. 8(5) Construction Safety Officer Contractor

11. 8(8) Responsible employee

12. 9(1) Person to carry out risk assessment Contractor

13. 10(1) Fall protection planner Contractor

14. 12(1) Temporal work designer

15. 12(2) Supervisor of temporal work operation

16. 13(1) Excavation supervisor Contractor

17. 13(2)(k) Competent person in the use of explosive for excavations Contractor

18. 14(11) Explosives expert Contractor

19. 14(1) Supervisor demolition work Contractor

20. 14(2) Scaffold supervisor Contractor

21. 16(1) Suspended platform supervisor Contractor

22. 18(1)a Rope access Contractor

23. 19(8)(a) Material hoist inspector Contractor

24. 20(1) Bulk mixing plant supervisor Contractor

25. 21(2) Explosive actuated fastening device inspector Contractor

26. 21(2)(g) Explosive actuated fastening device cartridge, nails and

studs: issuer & collector

Contractor

27. 23 (1) Operator : construction vehicle and mobile plant Contractor

28. 28 (a) Stacking and storage supervisor Contractor

29. 29 (h) Fire equipment inspector Contractor


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5.2 Communication, Participation & Consultation

5.2.1 Occupational Health & Safety matters/issues shall be communicated between the Employer, the

Principal Contractor, the other Contractors, the Designer and other concerned parties shall be

through the H&S Committee or other means determined by the client.

5.2.2 In addition to the above, communication may be directly to the Client or his appointed Agent,

verbally or in writing, as and when the need arises.

5.2.3 Consultation with the workforce on OH&S matters will be through their Supervisors and H&S

Representatives (‘SHE – Reps’)

5.2.4 The Principal Contractor will be responsible for the dissemination of all relevant OH&S information

to the other Contractors e.g. design changes agreed with the Client and/or its Agent on its behalf

and the Designer, instructions by the Client and/or his/her agent, exchange of information between

Contractors, the reporting of hazardous/dangerous conditions/situations etc.

6. INTERPRETATION

a) The Occupational Health and Safety Act and all its Regulations, with the exception of the

Construction Regulations, distinguish between the roles, responsibilities and functions of employers

and employees respectively. It views consultants and contractors as employees of the “owner” of a

construction or operational project, the “owner” being regarded as the employer.

b) (The position taken by the Construction Regulations is that the “owner”, in terms of its instructions,

operates (has to operate) in the role of client as per relevant definition. The contractors working for

the “client” are seen to be in two categories, i.e. the Principal Contractor and Contractors.

c) The Principal Contractor has to take full responsibility for the health and safety on the site of the

relevant project / contract. This includes monitoring health and safety conditions and overseeing

administrative measures required by the Construction Regulations from all contractors on the

project site.


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7. RESPONSIBILITIES

7.1 Client

a) The Client or his appointed Agent on his behalf will appoint each Principal Contractor for this project

or phase/section of the project in writing for assuming the role of Principal Contractor as intended

by the Construction Regulations.

b) The Client or his appointed Agent on his behalf shall discuss and negotiate with the Principal

Contractor the contents of the health and safety plan of the both Principal Contractor and

Contractor for approval.

c) The Client or his appointed Agent on his behalf will take reasonable steps to ensure that the health

and safety plan of both the Principal Contractor and Contractor is implemented and maintained.

The steps taken will include periodic audits at intervals of at least once every month.

d) The Client or his appointed Agent on his behalf, will prevent the Principal Contractor and/or the

Contractor from commencing or continuing with construction work should the Principal Contractor

and/or the Contractor at any stage in the execution of the works be found to:

• have failed to have complied with any of the administrative measures required by the

Construction Regulations in preparation for the construction project or any physical

preparations necessary in terms of the Act;

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

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

• act in any way which may pose a threat to the health and safety of any person(s) present on the

site of the works or in its vicinity, irrespective of him/them being employed or legitimately on the

site of the works or in its vicinity.

7.2 Principal Contractor

a) The Principal Contractor shall accept the appointment under the terms and Conditions of Contract.

The Principal Contractor shall sign and agree to those terms and conditions and shall, before

commencing work, notify the Department of Labour of the intended construction. Annexure 2 of this

construction regulation contains a “Notification of Construction Work” form. The Principal Contractor

shall submit the notification in writing prior to commencement of work and inform the Client or his

Agent accordingly.

b) The Principal Contractor shall ensure that he is fully conversant with the requirements of this

Specification and all relevant health and safety legislation.


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c) The Principal Contractor will in no manner or means be absolved from the responsibility to comply

with all applicable sections of the Act, the Construction Regulations or any Regulations proclaimed

under the Act or which may perceivable be applicable to this contract.

d) The Principal Contractor shall provide and demonstrate to the Client a suitable and sufficiently

documented health and safety plan based on this Specification, the Act and the Construction

Regulations, which shall be applied from the date of commencement of and for the duration of

execution of the works. This plan shall, as appendices, include the health and safety plans of all

Sub-contractors for which he has to take responsibility in terms of this contract.

e) The Principal Contractor shall provide proof of his registration and good standing with the

Compensation Fund or with a licensed compensation insurer prior to commencement with the

works.

f) The Potential Principal Contractor shall, in submitting his tender, demonstrate that he has made

provision for the cost of compliance with the specified health and safety requirements, the Act and

Construction Regulations. (Note: This shall have to be contained in the conditions of tender upon

which a tenderer’s offer is based.)

g) The Principal Contractor shall consistently demonstrate his competence and the adequacy of his

resources to perform the duties imposed on the Principal Contractor in terms of this Specification,

the Act and the Construction Regulations.

h) The Principal Contractor shall ensure that a copy of his health and safety plan is available on site

and is presented upon request to the Client, an Inspector, Employee or Sub-contractor.

i) The Principal Contractor shall ensure that a health and safety file, which shall include all

documentation required in terms of the provisions of this Specification, the Act and the Construction

Regulations, is opened and kept on site and made available to the Client or Inspector upon request.

Upon completion of the works, the Principal Contractor shall hand over a consolidated health and

safety file to the Client.

j) The Principal Contractor shall, throughout execution of the contract, ensure that all conditions

imposed on his Sub-contractors in terms of the Act and the Construction Regulations are complied

with as if they were the Principal Contractor.

k) The Principal Contractor shall from time to time evaluate the relevance of the Health and Safety

Plan and revise the same as required, following which revised plan shall be submitted to the Client

and/or his/her Agent for approval.


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7.3 Contractor

The contractor must demonstrate to the Principal Contractor that he has the

Necessary competencies and resources to perform the construction work safely.

7.4 Responsibilities of Construction Health & Safety Agent (SACPCMP)

The construction Health & Safety Agent act as a link between the client, Principal

Contractor and the project team members with respect to health & Safety, They are

Required to ensure that the client carry out its H&S responsibilities in terms of

Legislation as well as to co-ordinate and ensure good H&S practices are maintained

Throughout the duration of the project. In many cases this role starts from project

Initiation to project close-out.

a) H&S competence: In the event that the client is unable to satisfy the requirements of the Construction Regulations for whatever reasons, the construction H&S agent may be appointed to perform these functions on behalf of the client. Given the need to appoint a registered construction H&S agent that is competent and adequately resourced with respect to H&S matters.

b) H&S goals: It is important that the construction H&S agents demonstrate clearly to clients how they are going

to contribute to the achievement of any client H&S goals and objectives. They should also set their own H&S goals.

c) H&S responsibilities: Prior to accepting the H&S agent appointment from clients, H&S agents need to ensure

that they brief clients fully on the client’s particular responsibilities in terms of the OH&SA of 1993 and Construction Regulations as amended from time to time. In the absence of acceptance by clients of these responsibilities, H&S agents will not be able to adequately meet their own H&S responsibilities and duties.

d) H&S information: H&S agents must provide the designer or design team with all H&S information to enable

them to conduct a design HIRA to identify the significant hazards that need to be included in the H&S specification. This information may be gathered from multiple sources such as, for example, discussion with the client, previous historical use of the site or facility, previous surveys and investigations and past H&S files.


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8. SCOPE OF WORK

These specifications are applicable to the specific scope of work pertaining to the above-mentioned project

as detailed in the tender documents, this amongst all includes for example:

a) Construction, erecting, alteration, renovations, refurbishment, repairs, demolishing or dismantling of

building and structures.

• Site clearance

• Site hoarding, demarcation and demolition works

• excavations, filling, compaction, evening surface

• Piling (by drilling, excavating,)

• Temporal works

b) Construction, erecting, alteration, renovations, refurbishment, repairs, demolishing or dismantling of

any bridge, dam, canal, road, railway, runaway, sewer, or water reticulation system or any

Electrical Engineering structure or type of work

c) Construction of a new two storied Administration building.

- Preparation of site by leveling, compaction etc.

- Excavations for parking areas/services


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9. PREPARING A HEALTH & SAFETY PLAN

(a) The level of detail required for a H&S plan will depend on how complex the workplace is (in particular, the number of contractors at the workplace at any one time) and the risks involved in the work. The plan must be easily accessible in a construction site and it must be clearly understood by management, supervisors & workers on construction site.

(b) The plan must be implemented, maintained and kept up to date during the construction of the project.

(c) The principal contractor should prepare a H&S plan that includes

• project information;

• client requirements for H&S management on the project; Environmental restrictions and existing on-site risks arrangements, imposed by others or developed by the principal contractor, to control significant site H&S risks; H&S file & project H&S review.

(d) The H&S plan should include the following information:

• details of the client, that is the person commissioning the construction work, for example their name, representative and contact details;

details of the principal contractor;

• details of the construction project, for example address of the workplace, anticipated start and end date and a brief description of the type of construction work that the H&S plan will cover;

• details on how subcontractors will be managed and monitored, including how the principal contractor intends to implement and ensure compliance with the H&S plan such as checking on the performance of subcontractors and how non-compliance will be handled; and

• details on how the risks associated with falls, falling objects, moving plant, electrical work and all high risk construction work that will take place on a construction project will be managed.

(e) The H&S plan should also include information on:

• the provision and maintenance of a hazardous chemicals register, safety data sheets and hazardous chemicals storage;

• the safe use and storage of plant;

• the development of a construction project traffic management plan;

• obtaining and providing essential services information – electrical, gas, telecom, water and similar services;

• workplace security and public safety; and

• ensuring workers have appropriate licences and training to undertake the construction work.

(f) The H&S plan must contain:

• a general description of the type of work activities involved in the project and not just a description of the facility to be constructed;

• the project program or schedule details, including start and finish dates, showing principal activities;

• details of client, design team, principal contractor, subcontractors, and major suppliers; and

• extent and location of relevant existing records, surveys, site investigation and geotechnical reports, ‘as-built’ plans, H&S files.


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10. HEALTH AND SAFETY FILE

a) The H&S file is a document prepared by the principal contractor containing important project H&S

information for use by the owner of the completed structure after construction has been completed.

b) The principal contractor is responsible for producing an H&S file. It contains important project H&S information for use by the owner of the completed structure after construction has been completed. It is essential that the process of compiling the file commences as early as possible to ensure sufficient time to gather the required information.

c) The Principal Contractor must, in terms of Construction Regulation 7(7), keep a Health & Safety

File on site at all times that must include all documentation required in terms of the Act and

Regulations and must also include a list of all Contractors on site that are accountable to the

Principal Contractor and the agreements between the parties and details of work being done. A

more detailed list of documents and other legal requirements that must be kept in the Health &

Safety File.

d) The contractor must ensure that the client’s format and layout of the H&S file is adhered to. The contractor must identify the responsible person that will prepare the H&S file and who will be responsible for the drafting of as-built drawings. The contractor must establish procedures:

e) The Health and Safety File will remain the property of the Client and/or its Agent on its behalf

throughout the period of the project and shall be consolidated and handed over to the Client and/or

its Agent on its behalf at the time of completion of the project.


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11. OH&S GOALS AND OBJECTIVES AND ARRANGEMENTS FOR MONITORING AND

REVIEWING OH&S PERFORMANCE

The Principal Contractor is required to maintain an acceptable disabling incident frequency rate (DIFR) and

report on this to the Client and/or its Agent on its behalf on a monthly basis.

11.1 IDENTIFICATION OF HAZARDS AND DEVELOPMENT OF RISK ASSESSMENTS, STANDARD

WORKING

PROCEDURES (SWP) AND METHOD STATEMENTS

The Principal Contractor is required to develop Risk Assessments, Standard Working Procedures

(SWP) and Method Statements for each activity executed in the contract or project.

The identification of hazards is over and above the hazards identification programme and those

hazards identified during the drafting of the Health and Safety Plan.

11.1.1 Monthly Audit by Client and/or its Agent.

The Client and/or its Agent on its behalf will be conducting Periodic Audits at times agreed with the

Principal Contractor Audit to comply with Construction Regulation 4(1)(d) to ensure that the

principal Contractor has implemented, is adhering to and is maintaining the agreed and approved

OH&S Plan.

a) A representative of the Principal Contractor and the relevant Health and Safety

Representative(s) (SHE-Reps) must accompany the Client and/or its Agent on its behalf on

all Audits and Inspections and may conduct their own audit/inspection at the same time.

Each party will, however, take responsibility for the results of his/her own audit/inspection

results. The Client and/or its Agent on its behalf may require to be handed a copy of the

minutes of the previous Health and Safety Committee meeting reflecting possible

recommendations made by that committee to the Employer for reference purposes.

11.1.2 Health & Safety incident/accident reporting & investigations

a) The Principal Contractor shall report all incidents where an employee is injured on duty to the

extent that he/she:

i. dies

ii. becomes unconscious

iii. loses a limb or part of a limb

iv. is injured or becomes ill to such a degree that he/she is likely either to die or to suffer a

permanent physical defect or likely to be unable for a period of at least 14 days either to

work or continue with the activity for which he/she was usually employed


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v.

OR where:

i. a major incident occurred

ii. the health or safety of any person was endangered

iii. where a dangerous substance was spilled

iv. the uncontrolled release of any substance under pressure took place

v. machinery or any part of machinery fractured or failed resulting in flying, falling or

uncontrolled moving objects

vi. Machinery ran out of control, to the Provincial Director of the Department of Labour within

seven days and at the same time to the Client and/or its Agent on its behalf.

b) The Principal Contractor is required to provide the Client and/or its Agent on its behalf with copies

of all statutory reports required in terms of the Act and the Regulations.

c) The Principal Contractor is required to provide the Client and/or its Agent on its behalf with a

monthly “SHE Risk Management Report”.

d) The Principal Contractor is required to provide a.s.a.p. the Client and/or its Agent on its behalf with

copies of all internal and external accident/incident investigation reports.

The Principal Contractor is responsible to oversee the investigation of all accidents/incidents where

employees and non-employees were injured to the extent that he/she/they had to receive first aid or

be referred for medical treatment by a doctor, hospital or clinic. (General Administrative Regulation

9)

(e) The results of the investigation to be entered into the Accident/Incident Register listed above.

(General Administrative Regulation 9)

(f) The Principal Contractor is responsible for the investigation of all non-injury incidents as described

in Section 24 (1) (b) & (c) of the Act and keeping a record of the results of such investigations

including the steps taken to prevent similar incidents in future.

(g) The Principal Contractor is responsible for the investigation of all accidents relating to the

construction site and keeping a record of the results of such investigations including the steps

taken to prevent similar accidents in future.

(h) Notwithstanding the requirements of Section 24 of the Act, ALL incidents shall be investigated and

reported on in writing, irrespective of whether such incident gave rise to injury or damage.

• Determine the underlying H&S deficiencies and other contributory factors

• Identification of corrective/preventative actions and continual improvement

• Communicating the outcome/results and documenting the events of the investigation.

(i) Reporting Of Near-Misses

• Moretele Local Municipality views the reporting of near misses as a critical component in creating a positive health and

safety awareness culture on site.

• Moretele Local Municipality retains the right to enforce the reporting of near misses within 24 hours of occurrence.


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12. Review

The Principal Contractor is to review the Hazard Identification, Risk Assessments and Standard

Work Processes at each Production Planning and Progress Report meeting as the construction

work develops and progresses and each time changes are made to the designs, plans and

construction methods and processes.

The Principal Contractor must provide the Client and/or its Agent on its behalf, other Contractors

and all other concerned parties with copies of any changes, alterations or amendments as

contemplated in the above paragraph.

12.1 Site Rules and other Restrictions

a) Site OH&S Rules

The Principal Contractor must develop a set of site-specific OH&S rules that will be applied to regulate

the Health and Safety Plan and associated aspects of the construction. When required for a site by law,

visitors and non-employees upon entering the site shall be issued with the proper Personal Protective

Equipment (PPE) as and when necessary.

b) Security Arrangements

The Principal Contractor must establish site access rules and implement and maintain these throughout

the construction period. Access control must include the rule that non-employees shall at all times be

provided with fulltime supervision while on site. The Principal Contractor must develop a set of Security

rules and procedures and maintain these throughout the construction period.

If not already tasked to the H&S Officer appointed in terms of Construction Regulation, the Principal

Contractor must appoint a competent person who must develop contingency plans for any emergency

that may arise on site as indicated by the risk assessments.

12.1.1 Appointment of Health & Safety Representatives

a) H&S Representatives(‘SHE – Reps’)

Where the Principal Contractor employs more than 20 persons (including the employees of other

Contractors (sub-contractors) he has to appoint one H&S Representatives for every 50 employees or

part thereof. (Section 17 of the Act and General Administrative Regulation 6. & 7.)


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H&S Representatives must be appointed in writing and the designation shall be in accordance with the

Collective Agreement as concluded between the parties as is required in terms of General

Administration Regulation 6.

12.1.2 Duties and Functions of the H&S Representatives

• The Principal Contractor must ensure that the designated H&S Representatives conduct at

least a weekly inspection of their respective areas of responsibility using a checklist developed

by a Principal Contractor.

• The report must be consolidated and submitted to the Health & Safety Committee.

• H&S Representatives must form part of the incident/accident investigating team.

12.1.3 Establishment of H&S Committee(s)

• The Principal Contractor must establish H&S Committees consisting of designated H&S

Representatives together with a number of Employers Representatives appointed as per

Section 19(3) that are not allowed to exceed the number of H&S Representatives on the

committee.

• The persons nominated by the employer on a H&S Committee must be designated in writing

for such period as may be determined by him. The H&S Committee shall co-opt advisory

(temporary) members and determine the procedures of the meetings including the

chairmanship.

• The H&S Committee must meet minimum monthly and consider, at least, an agreed Agenda for

the first meeting. Thereafter the H&S Committee shall determine its own procedures.

12.1.4 Training & Awareness

The contents and syllabi of all training required by the Act and Regulations including any other related or

relevant training as required must be included in the Principal Contractor’s Health and Safety Plan and

Health and Safety File.

a) Training & Induction

All employees performing work or task on site that potentially impact on H&S must be competent &

have the necessary appropriate education, training & experience.

All the training must be closely aligned with the risk profile of the project; procedures must be put in

place to ensure that all workers are aware of the consequences of their work activities & benefits of

improved H&S performance.

All employees of the Principal and other Contractors must be in possession of proof of General


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Induction training

b) Site Specific Induction Training

All employees of the Principal and other Contractors must be in possession of Site Specific

Occupational Health and Safety Induction or other qualifying training.

c) Other Training

All operators, drivers and users of construction vehicles, mobile plant and other equipment must be in

possession of valid proof of training.


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13. PROJECT/SITE SPECIFIC REQUIREMENTS

The following is a list of specific activities and considerations that have been identified for the project and

site and for which Risk Assessments, Standard Working Procedures (SWP), management and control

measures and Method Statements (where necessary) have to be developed by the Principal Contractor:

a) Clearing & grabbling the area/site

b) Site establishment

c) Dealing with existing structures

d) Location of existing services

e) Boundary & Access control/Public liability exposures

f) Protection against heat exhaustion, dehydration, wet & cold conditions

g) Dealing with HIV & aids other related diseases

h) Use of portable electrical & explosive tools

i) Any Excavation work

j) Any welding work

k) Loading & offloading of trucks

l) Driving & operations of Construction vehicles & mobile plant

m) Temporal works and

n) Construction work as defined in the construction regulation 2014



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14. OUTLINED DATA, REFERENCES AND INFORMATION ON CERTAIN AND/OR SPECIFIC OBLIGATORY REQUIREMENTS TO ENSURE COMPLIANCE Administrative & Legal Requirements

OHS Act Section/

Regulation

Subject Requirements

Construction. Regulation Notice of carrying out Construction work

• Department of Labour notified

• Copy of Notice available on Site

General Admin. Regulation 4

Copy of OH&S Act (Act 85 of 1993) • Updated copy of Act & Regulations on site.

• Readily available for perusal by employees.

COID Act Section 80

Registration with Compensation Insurer.

• Written proof of registration/Letter of good standing available on Site

Construction. Regulation 4 & 5(1)

H&S Specification & Programme • H&S Spec received from Client and/or its Agent on its behalf

• OH&S programme developed & Updated regularly

Section 8(2)(d) Construction. Regulation 7

Hazard Identification & Risk Assessment • Hazard Identification carried out/Recorded

• Risk Assessment and – Plan drawn up/Updated

• RA Plan available on Site

• Employees/Sub-Contractors informed/trained

Section 16(2) Assigned duties (Managers) • Responsibility of complying with the OH&S Act assigned to other person/s by CEO.

Construction. Regulation 6(1)

Designation of Person Responsible on Site

• Competent person appointed in writing as

• Construction Supervisor with job description

Construction. Regulation 6(2)

Designation of Assistant for above • Competent person appointed in writing as

• Assistant Construction Supervisor with job description

Section 17 & 18 General Administrative Regulations 6 & 7

Designation of Health & Safety Representatives

• More than 20 employees - one H&S Representative, one additional H&S Rep. for each 50 employees or part thereof.

• Designation in writing, period and area of responsibility specified in


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terms of GAR 6 & 7

• Meaningful H&S Rep. reports.

• Reports actioned by Management.

Section 19 & 20 General Administrative Regulations 5

Health & Safety Committee/s • H&S Committee/s established.

• All H&S Reps shall be members of H&S Committees

• Additional members are appointed in writing.

• Meetings held monthly, Minutes kept.

• Actioned by Management.

Section 37(1) & (2) Agreement with Mandatories/ (Sub-)Contractors

• Written agreement with (Sub-)Contractors

• List of SubContractors displayed.

• Proof of Registration with Compensation Insurer/Letter of Good Standing

• Construction Supervisor designated

• Written arrangements re.

• H&S Reps & H&S Committee

• Written arrangements re. First Aid

Section 24 & General Admin. Regulation 8 COID Act Sect.38, 39 & 41

Reporting of Incidents (Dept. of Labour)

• Incident Reporting Procedure displayed.

• All incidents in terms of Sect. 24 reported to the Provincial Director, Department of Labour, within 3 days. (Annexure 1)(WCL 1 or 2) and to the Client and/or its Agent on its behalf

• Cases of Occupational Disease Reported

• Copies of Reports available on Site

• Record of First Aid injuries kept

General Admin. Regulation 9

Investigation and Recording of Incidents

• All injuries which resulted in the person receiving medical treatment other than first aid, recorded and investigated by investigator designated in writing.

• Copies of Reports (Annexure 1) available on Site

• Tabled at H&S Committee meeting

• Action taken by Site Management.

Construction. Regulation 8 Fall Prevention & Protection • Competent person appointed to draw up the Fall Protection Plan

• Proof of appointees competence available on Site

• Risk Assessment carried out for work at heights


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• Fall Protection Plan drawn up/updated

• Available on Site

Construction. Regulation Driven Machinery Regulations 18 & 19

Cranes & Lifting Machines Equipment • Competent person appointed in writing to inspect Cranes, Lifting Machines & Equipment

• Written Proof of Competence of above appointee available on Site.

• Cranes & Lifting tackle identified/numbered

• Register kept for Lifting Tackle

• Log Book kept for each individual Crane

• Inspection: - All cranes - daily by operator - Tower Crane/s - after erection/6monthly - Other cranes - annually by comp. person

• - Lifting tackle(slings/ropes/chain slings etc.) - daily or before every new application

General Safety Regulation 8(1)(a)

Designation of Stacking & Storage Supervisor.

• Competent Person/s with specific knowledge and experience designated to supervise all Stacking & Storage

• Written Proof of Competence of above appointee available on Site

Construction. Regulation Environmental Regulation 9

Designation of a Person to Co-ordinate Emergency Planning And Fire Protection

• Person/s with specific knowledge and experience designated to co-ordinate emergency contingency planning and execution and fire prevention measures

• Emergency Evacuation Plan developed:

• Drilled/Practiced

• Plan & Records of Drills/Practices available on Site

• Fire Risk Assessment carried out

• All Fire Extinguishing Equipment identified and on register.

• Inspected weekly. Inspection Register kept

• Serviced annually

General Safety Regulation 3

First Aid • Every workplace provided with sufficient number of First Aid boxes. (Required where 5 persons or more are employed)

• First Aid freely available

• Equipment as per the list in the OH&S Act.


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• One qualified First Aider appointed for every 50 employees. (Required where more than 10 persons are employed)

• List of First Aid Officials and Certificates

• Name of person/s in charge of First Aid box/es displayed.

• Location of First Aid box/es clearly indicated.

• Signs instructing employees to report all

• Injuries/illness including first aid injuries


Personal Safety Equipment (PSE) • PSE Risk Assessment carried out

• Items of PSE prescribed/use enforced

• Records of Issue kept

• Undertaking by Employee to use/wear PSE

• PSE remain property of Employer, not to be removed from premises GSR 2(4)


Inspection & Use of Welding/Flame Cutting Equipment

• Competent Person/s with specific knowledge and experience designated to Inspect Electric Arc, Gas Welding and Flame Cutting Equipment

• Written Proof of Competence of above appointee available on Site

• All new vessels checked for leaks, leaking vessels NOT taken into stock but returned to supplier immediately

• Equipment identified/numbered and entered into a register

• Equipment inspected weekly. Inspection Register kept

• Separate, purpose made storage available for full and empty vessels

General Safety Regulation 13A

Inspection of Ladders • Competent person appointed in writing to inspect Ladders

• Ladders inspected at arrival on site and weekly thereafter. Inspections register kept

• Application of the types of ladders (wooden, aluminium etc.) regulated by training and inspections and noted in register

General Safety regulation 13B

Ramps • Competent person appointed in writing to supervise the erection & inspection of Ramps. Inspection register kept.

• Daily inspected and noted in register


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15. THE PRINCIPAL CONTRACTOR’S GENERAL DUTIES

• The Principal Contractor shall at all times ensure his status of an “employer” as referred to in

the Act, and will abide by his/her responsibilities, duties and functions as per the

requirements of the Act and Regulations with specific reference to Section 8 of the Act.

• The Principal Contractor shall keep, and on demand make available, a copy of the Act on

site at all times and in addition to that he/she will introduce and maintain a file titled “Health

and Safety File”, or other record in permanent form, which shall contain all relevant aspects

and information as contemplated in the Construction Regulations. He/she will make this file

available to the client or his representative whenever necessary or on request to an

interested party.

• The project under control of the Principal Contractor shall be subject to periodic health and safety audits that will be

conducted by the client at intervals agreed upon between the Principal Contractor and the client, provided such

intervals will not exceed periods of one month.

• The Principal Contractor is to ensure that he/she and all persons under his control on the construction site shall

adhere to the above specifications.

• The Principal Contractor should note that he/she shall be held liable for any anomalies including costs and

resulting deficiencies due to delays caused by non-conformance and/or non-compliance to the above Health and

Safety Specifications and the Health and Safety Plan based on these specifications.

16. THE PRINCIPAL CONTRACTOR’S SPECIFIC DUTIES

The Principal Contractor’s specific duties in terms of these specifications are detailed in the Construction

Regulations as published under government notice 07 August 2014, stipulated in Section 7.

17. THE PRINCIPAL CONTRACTOR’S SPECIFIC RESPONSIBILITIES WITH

REGARD TO HAZARDOUS ACTIVITIES

The following examples of activities are identifiable as hazardous in terms of the Construction Regulations.

The contractor shall execute the activities in accordance with the following Construction Regulations and

other applicable regulations of the Act:

- Fall protection

- Structures

- Excavation work

- Demolition work

- Scaffolding

- Construction vehicles & mobile plant.

- Water environments

- Housekeeping on construction sites

- Fire precautions on construction sites.


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This list must not be taken to be exclusive or exhaustive! All of the above requirements will be read in

conjunction with the relevant regulations and health and safety standards as required by the Act. All

documents and records required by the Construction Regulations will be kept in the Health and Safety File

and will be made available at any time when required by the client or his representative, or on request to an

interested party.

18. GENERAL NOTES TO THE PRINCIPAL CONTRACTOR

Legal Framework

Part of legal obligations

The more important Acts and relevant subordinate/secondary legislation as well as other (inter alia

Local Government) legislation that also apply to the State as well as to State owned buildings and

premises: -

a. The latest issue of SABS 0142: "Code of Practice for the Wiring of Premises"

b. The Local Government Ordinance 1939 (Ordinance 17 of 1939) as amended and the

municipal by-laws and any special requirements of the local supply authority

c. The Fire Brigade Services Act 1987, Act 99 of 1987 as amended

d. The National Building Regulations and Building Standards Act 1977 (Act 103 of 1977) as

amended and relevant proclaimed Regulations (SABS 0400)

e. The Post Office Act 1958 (Act 44 of 1958) as amended

f. The Electricity Act 1984, Act 41 of 1984

g. The Regulations of Local Gas Board(s), including Publications of the SABS Standards and

Codes of Practice, with specific reference to GNR 17468 dated 4th October 1997

h. Legislation pertaining to water usage and the environment

i. Legislation governing the use of equipment, which may emit radiation (e.g. X-Rays etc.)

j. Common Law

19. HOUSE KEEPING

Good housekeeping will be maintained at all times as per Construction Regulation No. 25. Poor housekeeping contributes to

three major problems, namely, costly or increased accidents, fire or fire hazards and reduction in production. Good

housekeeping will enhance production time.

In promotion of environmental control all waste, rubble, scrap etc, will be disposed of at a registered dump site and records

will be maintained. Where it is found to be impractical to use a registered dump site or it is not available, the Principal

Contractor will ensure that the matter is brought to record with the client or his representative, after which suitable, acceptable

alternatives will be sought and applied.

Dross and refuse from metals, and waste matters or by-products whose nature is such that they are poisonous or capable of

fermentation, putrefaction or constituting a nuisance shall be treated or disposed of by methods approved of by an inspector.


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NOTE: No employer (Principal Contractor) shall require or permit any person to work at night or after hours unless there is

adequate, suitable artificial lighting including support services in respect of Health and Safety.

a) Facilities

The site establishment plan shall make provision for:

b) Dining room facilities

The contractor shall make provision for adequate dining room facilities for his employees on site.

c) Change rooms

The contractor shall make provision for adequate change rooms for his employees on site.

d) Ablution facilities

The contractor shall make provision for adequate ablution facilities for his employees on site.

These facilities shall be maintained by the contractor.

e) Smoking Areas

Designated smoking areas shall be established by Moretele Local Municipality.

f) Drinking Water Facilities

The provision of drinking water facilities shall be negotiated between the Contractor and Moretele Local Municipality.

g) Equipment Compliance Certificates

Before equipment is brought on site valid certificates of compliance issued by a competent person shall be presented. The

equipment includes but shall not be limited to:

i.lifting equipment and lifting tackle

ii.power driven machinery

iii.electrical equipment

iv.testing and monitoring equipment

h) Barricading

All barricading shall be of the rigid type unless the use of non-rigid barricading has been approved in writing by the Moretele Local

Municipality Project Manager. The contractors’ barricading standard shall be included in the Health and Safety Plan.

Where more than one contractor is working on a site, the fixed barricading shall be clearly marked with the company's name, site

contact person as well as the contact number/s.

i) Erection of Structures for Logistic Support

Prior to site establishment Moretele Local Municipality shall approve the contractor’s site plan.

Moretele Local Municipality shall approve all structures erected for logistical support by the contractor. These structures include

fences, workshops, tool sheds, offices, ablution facilities, etc.

j) Salvage Yard Management

Depending on the site specific arrangements and procedures, Moretele Local Municipality may provide the salvage yard and the

resources to manage it.

The salvage yard management shall conform to safety, health and environmental requirements. The contractors are required to

move the equipment from the place of work to the salvage yard.


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k) Fall Arrest and Prevention Equipment

Approved fall prevention equipment shall be used at heights of less than 2.0 metres.

Above heights of 2.0 metres fall prevention equipment shall include fall arrest

Equipment. Users of fall arrest equipment shall, amongst other things be trained in

what an appropriate load bearing point is for connecting fall prevention equipment.

Any deviation from this requirement shall be negotiated and agreed with Department

of Public Works in writing.

l) Hazardous Chemical Substances Waste Removal

Moretele Local Municipality shall provide a facility to collect all hazardous chemical

waste material.

The contractor shall provide adequately marked and sealable containers to transport

The hazardous chemical waste from the source to the approved Department of Public

Works disposal point.

m) Personal Protective Equipment (PPE)

Personal protective equipment issued shall be specific to the risks associated with the

work to be performed and specific to conditions on site and shall comply with South

African National Standards (SANS) or similar.

20. LOCKOUT SYSTEMS

A system of control shall be established in order that no unauthorized person can energize a circuit,

open a valve, or activate a machine on which people are working or doing maintenance, even if

equipment, plant or machinery is out of commission for any period, thus eliminating injuries and

damage to people and equipment as far as is reasonably practicable.

Physical/mechanical lock-out systems shall be part of the safety system and included in training.

Lockouts shall be tagged and the system tested before commencing with any work or repairs.

21. IMPORTANT LISTS AND RECORDS TO BE KEPT

The following are lists of several records that are to be kept in terms of the Construction Regulations.

The lists are:

i. List of appointments

ii. List of record keeping responsibilities

iii. Inspection checklist


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a) Contractor Risk Assessment Process

The risk assessment process shall include:

1) an evaluation of the method of the work to be conducted

2) the method statement on the procedure to be followed in performing the task shall be developed

3) the risk assessment will also include activities like:

i. Transportation of passengers and goods to and from site

ii. Site establishment

iii. Physical and mental capabilities of employees

iv. Others as may be specified.

4) the hazards as listed in the paragraph – Site Specific Health and Safety Hazards

5) a review plan for risk assessments shall provide for:

i. the quarterly review of all applicable risk assessments

ii. the review of an assessment if there is reason to believe that the previous assessment is no longer

valid, or there has been a change in a process, work methods, equipment or procedures and working

conditions

iii. Risk assessment/s to be reviewed if the outcome of incident investigations and audits etc. requires

such action.

A pre - task risk assessment shall be conducted in writing on every task and be facilitated by the team leader.

All risk assessments and pre-task risk assessments shall be filed and be available on site.

b) Risk Profile

All contractors shall submit a risk profile of the work to be conducted with their Health and Safety Plan.

c) Risk Based Inspection Program

The inspection programme shall be risk based. The inspection plan shall form part of the Health and Safety

Plan.


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IMPORTANT CONTACT DETIALS

(FOR HEALTH & SAFETY ASPECTS ONLY)

The contractor is to add all the important contact information about essentials services, support and

assistance.

SERVICE NUMBER CONTACT PERSON

ADD OTHER IMPORTANT HEALTH & SAFETY CONTACT DETAILS AS MAY BE FOUND NECESSARY.

Hospital

Ambulance

Water

Electricity

Police

Fire Brigade

Engineer


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SECTION 37(2) AGREEMENTS

CONCLUDED BETWEEN


(Hereinafter referred to as Moretele Local Municipality)

AND

……………………………………………………………………………………….

(Name of contractor/supplier/Agent/)

I, ………………………………………………………………………………………..[ (name)representing

……………………….............................................................. [Insert name of contractor/supplier], do

hereby acknowledge that ……………………………………………………... [insert name of

contractor/supplier] is an employer in his/her own right, with duties as prescribed in the

Occupational Health and Safety Act No. 85 of 1993 (“the Act”), as amended, and agree to ensure

that all work will be performed and/or machinery or plant used in accordance with the provisions of

the Act.

I undertake that ………………………………………………… [insert name of contractor/supplier]

shall strictly adhere to, and ensure that his/her employees adhere to, the provisions of the

Occupational Health and Safety Act, 1993 (Act 85 of 1993).

I have been provided with SHE specifications for project/service ………………………………[insert

brief details of project/service, for example, name, contract/project number]

………………………….and will comply with the requirements set out in these.

I accept and agree that the SHE specifications constitute arrangements and procedures between

………………………………………………………….. [Insert name of contractor/supplier/Agent

Safety Manager/Safety Officer] and Moretele Local Municipality, which will ensure compliance by

……………………………………………………. [Insert name of contractor/supplier] with the

provisions of the Act, as contemplated in section 37(2) of the Act.

This agreement constitutes the sole agreement between the parties, and no variation, modification,

or waiver of any of the provisions of this agreement or consent to any departure from these shall,

in any manner, be of any force or effect, unless confirmed in writing and signed by both parties,

and such variation, modification, waiver, or consent shall be effective only in the specific instance

and for the specific purpose and to the extent for which it was made or given.


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This agreement is signed on behalf of the parties, each signatory to this warranting that he/she has

the requisite authority to do so.

Signed this …………… day of ….……………………....20 ……at ……………………….……. (Place)

(Full name) ………………………………………………(Signature) …………………………………on

behalf of …………………………………………………….. (Supplier/contractor/Agent)

Contractor Responsible Manager (responsible for signing the Moretele Local Municipality’

contract on behalf of the contractor)

Witnesses

1. …………………………………………………

2. ………………………………..………………

Signed this ……………day of ……………...20……… at …………….………………………… (Place)

(Full name……………………………………………. Signature) ……………………………………on

Behalf of Moretele Local Municipality.

(Contracts and/or Project Manager or Moretele Local Municipality representative)

Witnesses

1. ……………………………………………...

2. ……………………………………………….


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PROJECT: (full name AND site address of project) (and full or proper description of project)

WCS NO: (works control system number)

SUPERVISION BY THE MORETELE LOCAL MUNICIPALITY: Mr /Ms/Me - CONSTRUCTION PROJECT MANAGER (add full details of the project manager) ……………………….. ……………………….. Mr /Ms/Me - CONSTRUCTION MANAGER (add full details ) ……………………….. ………………………..

Mr /Ms/Me AGENT:

(full particulars of agent) ……………………….. ……………………….. SUPERVISION BY THE PRINCIPAL CONTRACTOR:

PRINCIPAL CONTRACTOR: (full particulars of principle contractor / contractor)

Mr /Ms/Me - CONSTRUCTION HEALTH & SAFETY OFFICER (add full details and contact of this officer) ……………………….. ……………………….. Mr /Ms/Me - CONSTRUCTION HEALTH & SAFETY MANAGER (add full details of this officer) ……………………….. ……………………….. Mr /Ms/Me - CONSTRUCTION HEALTH & SAFETY AGENT (add full details of this officer) ……………………….. ……………………….. Mr /Ms/Me - CONSTRUCTION MANAGER (add full details of the head of the project) ……………………….. ………………………..



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PART C6 SITE INFORMATION C6.1 SITE INFORMATION C6.2 LOCALITY PLAN


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C6.1 SITE INFORMATION

The project is located in Carousel View, On R101 Road , next to Carousel Casino and it is within the jurisdiction of Moretele Local Municipality


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PART C6.2 LOCALITY PLAN


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DESIGN LAYOUT

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