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Bid No 158/2016 Part C2: Pricing Data Section C2.1: Pricing Instructions
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
C2-2-i
IMPLEMENTED BY
IMPLEMENTED BY
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
BID NO 158/2016
VOLUME 1: CONTRACT DOCUMENT
CLOSING DATE: 10 November 2017
Bid No 158/2016 Part C2: Pricing Data Section C2.1: Pricing Instructions
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
C2-2-i
IMPLEMENTED BY
UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
BID NO: 158/2016
VOLUME 1: CONTRACT DOCUMENT
Issued by:
City of Mbombela P.O. Box 45 1 Nel Street 1200
Enquiries: Mr. R Mashego Telephone: (013) 759 2190
Compiled by
BIGEN AFRICA Services (Pty) Ltd Allan Cormack Street, The Innovation Hub, Pretoria P.O. Box 29, Innovation Hub, 0087 Tel: +27(0)12 842 8700 Fax: +27(0)12 843 9000/9001 Email: [email protected]
Enquiries: Reinhardt Fowler
Tenderer ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… Total of the prices inclusive of Value Added Tax:
R ………...……………………………………… Preferences claimed for: (tick relevant boxes) HDI equity ownership
Sub-contracting to CIDB registered contractors
Specific CIDB Contractor Grading Designations
SMME Status
Head office within Mbombela Municipal Boundaries
Bid No 158/2016 Contents List
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
i
MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
CONTENTS OF VOLUME 1
DESCRIPTION COLOUR
LOCALITY PLAN
PART T1: TENDERING PROCEDURES
T1.1 Tender Notice and Invitation to Tender .............................................................. (White pages)
T1.2 Tender Data ......................................................................................................... (Pink pages)
T1.3 Standard Conditions of Tender ........................................................................... (White pages)
PART T2: RETURNABLE DOCUMENTS
T2.0 Table of contents for returnable certificates and supporting documentation ..... (White pages)
T2.1 Forms, Certificates and Schedules required for Evaluation .............................. (Yellow pages)
T2.2 Other Forms, Certificates and Schedules that will be incorporated into the
Contract ............................................................................................................. (Yellow pages)
T2.3 Other Forms, Certificates and Schedules required for Tender Evaluation
Purposes (functionality) ..................................................................................... (Yellow pages)
T2.4 Other Forms, Certificates and Schedules required for Tender Evaluation
Purposes .......................................................................................................... (Yellow pages)
THE CONTRACT
PART C1: AGREEMENT AND CONTRACT DATA
C1.1 Safety Agreement ............................................................................................... (White pages)
C1.2 Form of Offer and Agreement ............................................................................ (White pages)
C1.3 Guarantee ........................................................................................................... (White pages)
Bid No 158/2016 Contents List
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
ii
C1.4 Agreement with Adjudicator ............................................................................... (White pages)
C1.5 Contract Data ..................................................................................................... (White pages)
PART C2: PRICING DATA
C2.1 Pricing Instructions ............................................................................................ (Yellow pages)
C2.2 Bill of Quantities
C2.3 Summary of Bill of Quantities ............................................................................ (Yellow pages)
PART C3: SCOPE OF WORK
C3.1 Description of Works ............................................................................................ (Blue pages)
C3.2 Engineering .......................................................................................................... (Blue pages)
C3.3 Procurement ......................................................................................................... (Blue pages)
C3.4 Construction ......................................................................................................... (Blue pages)
C3.5 Management of works .......................................................................................... (Blue pages)
PART C4: SITE INFORMATION
C4.1 Site Information ................................................................................................. (Green pages)
PART C5: ANNEXURES
END OF SECTION
Bid No 158/2016 Title Pages
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO: 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 1: TENDER
Part T1
Tendering Procedures
Bid No 158/2016 Title Pages
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T1- 1
MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO: 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 1: TENDER
Section T1.1
Tender Notice and Invitation to Tender
Bid No 158/2016 Tender Notice and Invitation to Tender
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T1- 2
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
BID NO: 158/2016
CITY OF MBOMBELA PO Box 45 1 Nel Street Nelspruit 1200 Enquiries: Mr R Mashego Tel: (013) 759 2190
BIGEN AFRICA SERVICES (PTY) LTD. Allen Cormack Street, The Innovation Hub, Pretoria P O Box 29, Innovation Hub, 0087 Tel: +27 (0) 12 842 8700 Fax: +27 (0) 2 843 9000/1 Email: [email protected] Enquiries : Mr RL Fowler
Tenderer………………………………………………………………………………… CIDB Registration Number……………………………………………………………
Telephone Number……………………………………………………………………... Cell Phone……………………………………………………………………………..... Fax Number……….……………………………………………………………………... Email Address…………………………………………………………………………...
Total of the prices inclusive of value added tax
R…………………………………………………………………………………………….
Amount in Words……………………………………………….................................. ………………………………………………………………………………………………………………………………………………………………………………………………
CIDB GRADING: 6 CE CLOSING DATE: 10 November 2017
Bid No 158/2016 Tender Notice and Invitation to Tender
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T1- 3
CONTENTS
DESCRIPTION COLOUR
VOLUME 1
THE TENDER
PART T1 TENDERING PROCEDURES
T1.1 TENDER NOTICE AND INVITATION TO TENDER White
T1.2 TENDER DATA Pink
T1.3 STANDARD CONDITIONS OF TENDER Pink
PART T2 RETURNABLE SCHEDULES Yellow
THE CONTRACT
PART C1 AGREEMENTS AND CONTRACT DATA
C1.1 FORM OF OFFER AND ACCEPTANCE Yellow
C1.2 CONTRACT DATA Yellow
C1.3 FORM OF GUARANTEE Yellow
C1.4 OCCUPATIONAL HEALTH AND SAFETY AGREEMENT Yellow
PART C2 PRICING DATA
C2.1 PRICE INSTRUCTIONS Yellow
C2.2 BILL OF QUANTITIES Yellow
PART C3 SCOPE OF WORK
C3.1 STANDARD SPECIFICATIONS Blue
C3.2 PROJECT SPECIFICATIONS Blue
C3.3 PARTICULAR SPECIFICATIONS Blue
PART C4 SITE INFORMATION
C4.1 SCHEDULE OF DRAWINGS Green
C4.2 GEOTECHNICAL REPORT SUMMARY Green
C4.3 CONSTRUCTION NOTICE BOARD Green
PART C5 ANNEXURES
C5.1 TENDER DRAWINGS White
C5.2 BORROWPIT LOCATION White
Bid No 158/2016 Tender Notice and Invitation to Tender
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T1- 4
TENDER NOTICE & INVITATION
Bid No 158/2016 Tender Notice and Invitation to Tender
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T1- 5
T1.1 TENDER NOTICE AND INVITATION TO TENDER
BID NO: 158/2016 CLOSING DATE: 10 November 2017
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
Bids are hereby invited from capable and experienced bidders with a CIDB GRADE OF 6 CE OR HIGHER for THE UPGRADING OF NORTHERN OUTFALL SEWER TO SERVE THE MATSAFENI VILLAGE in the City of Mbombela region. It is compulsory that service providers download a copy of the bid document that will ONLY be available as from 30 June 2017 on the municipal website: www.etenders.gov.za on the tenders and notices folder, free of charge. Duly completed bid documents and supporting documents which are TAX CLEARANCE CERTIFICATE AND SARS PIN, CERTIFIED COPY OF B-BBEE CERTIFICATE, RATES AND TAXES CLEARANCE FROM RELEVANT LOCAL AUTHORITY & CSD REGISTRATION SUMMARY REPORT, together with the bid document must be sealed in an envelope clearly marked: BID NO: 158/2016 “THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER, with the name of the bidder shall be placed in the bid box at MBOMBELALA CIVIC CENTRE at 1 NEL STREET, MBOMBELA, before 11:00 on the closing date 10 November 2017. Bids received by telegram, fax or e-mail will not be considered. Late bids shall not be accepted or considered. A compulsory clarification meeting will take place on Thursday, 17 October 2017 at 10H00. Prospective bidders are requested to meet the Engineer in front of the Adega Restaurant in the Tarrentaal shopping complex on the corner of Kaapsche Hoop and Samora Machel Drive Mbombela. (GPS co-ordinates: 25o28’13.47”S : 30o57’35.20” E) A preferential point system shall apply whereby this contract will be allocated to a bidder in accordance with the Preferential Procurement Policy Framework Act, No 5 of 2000 and as defined in the conditions of bid in the bid document, read in conjunction with the Preferential Procurement Regulations, 2017, where 80 points will be allocated in respect of price and 20 points in respect of B-BBEE status level of contribution. Procurement Enquiries : Nomsa Ndukuya (013) 759 9052 Technical Enquires : Rudolph Mashego (013) 759 2190 Employer : Municipal Manager, Mr N. Diamond
City of Mbombela P. O. Box 45, Mbombela, 1200
VISIT OUR WEBSITE – www.mbombela.gov.za NB: the results of this bid will be published on council’s website as prescribed on section 75(1) (g) of the MFMA
and section 23(c) of the SCM Regulations.
Bid No 158/2016 Title Pages
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 1: TENDER
Section T1.2
Tender Data
Bid No 158/2016 Part T1: Tendering Procedure Section T1.2: Tender Data
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T1.2-1
MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
T1.2 TENDER DATA
The Conditions of tender are the standard conditions of tender as contained in annex F of SANS 294: 2004,
published by Standards South Africa, Private Bag X191, Pretoria 0001, Tel 012 428 7911.
The standard conditions of tender for procurements make 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.
Where applicable, items of data given here below are cross-referenced to the sub clause in the standard
conditions of tender to which it applies.
Clause Addition or Variation to Standard Conditions of Tender
1.1 The Employer is City of Mbombela and the implementing agent is Sembcorp
Silulumanzi
1.2 The tender documents issued by the employer comprise two volumes.
Volume 1: Contract Document contains the parts and sections (contained in each part)
as listed in the Contents List of Volume 1 bound in the front of this document.
Volume 2: Book of Drawings contains the drawings listed in the Drawing Register
bound in the front of that volume.
1.3 Replace the 2nd paragraph of the clause with the following:
These Conditions of Tender, the Tender Data, List of Returnable Documents and
Returnable Schedules which are required for tender evaluation purposes, shall form
part of the Contract arising from the invitation to tender.
1.4 The Employer’s agent is (also known as the Engineer):
Bigen Africa Services (Pty) Ltd
P O Box 29
Bid No 158/2016 Part T1: Tendering Procedure Section T1.2: Tender Data
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T1.2-2
Clause Addition or Variation to Standard Conditions of Tender
The Innovation Hub
PRETORIA
0087
Tel: (012) 842 8700
Fax: (012) 843 9000/1
e-mail: [email protected]
Attention: Fowler Reinhardt. L
2.1 Only those tenderers who are registered with the CIDB at the time of closing of
tenders, in a contractor grading designation equal to or higher than a contractor grading
designation determined in accordance with the sum tendered for a CE class of
construction work, are eligible to have their tenders evaluated.
Joint ventures are eligible to submit tenders provided that:
1. every member of the joint venture is registered with the CIDB;
2. the lead partner has a contractor grading designation in the CE class of
construction work; and
3. 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 6CE class of construction work.
2.2 Add the following to the clause:
Accept that the Employer will not compensate the tenderer for any costs incurred in
attending interviews in the office of the employer or the employer’s agent (if required).
2.7 An official compulsory clarification meeting and site visit will be held as follows:
Location : Prospective bidders are requested to meet the Engineer in front of the Adega Restaurant in the Tarrentaal shopping complex on the corner of Kaapsche Hoop and Samora Machel Drive Mbombela. (GPS co-ordinates: 25o28’13.47”S : 30o57’35.20” E) .
Date : Tuesday, 17 October 2017
Time : 10h00
Confirmation of attendance will be recorded, on site, in the Site Inspection Certificate
included in Section T2.2 of the Document.
Tender documents will be made available at the clarification meeting. Detail relating to
Bid No 158/2016 Part T1: Tendering Procedure Section T1.2: Tender Data
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T1.2-3
Clause Addition or Variation to Standard Conditions of Tender
the collection of tender documents is indicated in the Tender Notice and Invitation to
Tender (Section T1.1 of the document)
2.10.5 Add the following to the clause:
A digital copy of the Bill of Quantities can be obtained from
[email protected] at the office of the Engineer upon sufficient
notice.
2.11 Add the following to the clause:
To correct errors made, draw a line through the incorrect entry and write the correct
entry above in black ink and place the full signatures of the authorised signatories next
to the correct entry.
2.12.1 Add the following to the clause:
All alternative tender offers shall be referred to in Section T2.2.1 – Alterations to
Tender.
2.12.2 Should the Tenderer wish to offer alternative designs and/or construction materials, he
shall include with this Tender full details thereof, including a complete bill of quantities,
formal design calculations, and full details of all alternative components proposed to be
included in the Works. Refer also to the Contract Data in this regard.
Failure to properly comply with this clause, thereby preventing the Employer and/or the
Engineer to properly assess the full implications of the alternative tender, is likely to
disqualify the alternative offered from further consideration.
No submission by the Contractor after award for additional payment or time for
completion of Works relating to the alternative offer will be considered, the tendered
rates submitted shall be considered to reflect the full and final cost implications of the
alternative offer.
2.13 Add the following to the clause:
No claim will be entertained for faults in the tender price resulting from any
discrepancies, omissions or indistinct figures.
2.13.2 Replace the contents of the clause with the following:
Return all volumes of the tender document to the Employer after completion of the
relevant sections of each volume in their entirety, either electronically (if they were
issued in electronic format) or by writing in black ink.
Bid No 158/2016 Part T1: Tendering Procedure Section T1.2: Tender Data
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T1.2-4
Clause Addition or Variation to Standard Conditions of Tender
All volumes are to be left intact in its original format and no pages shall be removed or
re-arranged.
2.13.3 No copies of the tender offer are required.
2.13.4 Add the following to the clause:
Only authorised signatories may sign the original and all copies of the tender offer
where required in terms of 2.13.3.
2.13.5 The Employer’s address for delivery of tender offers and identification details to be
shown on each tender offer package are:
Tender box location : Nelspruit Civic Centre at 1 Nel Street
Physical address : City of Mbombela
P.O. Box 45
Nelspruit
1200
Identification details : Bid No 158/2016– Upgrading of the Matsafeni
Northern Outfall Sewer.
The name and address of the tender shall be entered on the back of the envelope.
2.13.6 A two-envelope procedure will not be followed.
2.13.9 Add the following to the clause:
Accept that all conditions, which are printed or written upon any stationary used by the
Tenderer for the purpose of or in connection with the submission of a tender offer for
this Contract, which are in conflict with the conditions laid down in this document shall
be waived, renounced and abandoned.
2.14 Add the following to the clause:
The Tenderer is required to enter information in the following sections of the document:
Section T2.2 : Returnable Schedules
Section C1.1 : Form of Offer and Acceptance
Section C1.2 : Contract Data (Part 2)
Section C2.2 : Bill of Quantities
The above sections shall be signed by the Tenderer (and witnesses where required).
Bid No 158/2016 Part T1: Tendering Procedure Section T1.2: Tender Data
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T1.2-5
Clause Addition or Variation to Standard Conditions of Tender
Individual pages should only be initialled by the successful Tenderer and by the
witnesses after acceptance by the Employer of the Tender Offer.
The Tenderer shall complete and sign the Form of Offer prior to the submission of a
Tender Offer.
The Schedule of Deviations (if applicable) shall be signed by the successful Tenderer
after acceptance by the Employer of the Tender Offer.
Accept that failure on the part of the Tenderer to submit any one of the Returnable
Documents listed in clause 2.23 within the period stipulated, shall be just cause for the
Employer to consider the tender offer as being regarded as non-responsive.
Accept that the Employer shall in the evaluation of tender offers take due account of the
Tenderer’s past performance in the execution of similar engineering works of
comparable magnitude, and the degree to which he possesses the necessary technical,
financial and other resources to enable him to complete the Works successfully within
the contract period. Satisfy the Employer and the Engineer as to his ability to perform
and complete the Works timeously, safely and with satisfactory quality, and furnish
details in section T2.2.2 of contracts of a similar nature and magnitude which they have
successfully executed in the past.
Accept that the Employer is restricted in accordance with clause 4.(4) of the
Construction Regulations, 2003, to only appoint a contractor whom he is satisfied has
the necessary competencies and resources to carry out the work safely. Accept that
submitting inferior and inadequate information relating to health and safety (as required
in clause 2.23) shall be regarded as justifiable and compelling reasons not to accept the
Tender Offer of the Tenderer scoring the highest number of tender evaluation points.
2.15.1 The closing time and location for the submission of tender offers are:
Time : 11:00 on Friday, 10 November 2017
Location : Entrance Hall, Civic Centre, 1 Nel Street, Nelspruit, 1200
City of Mbombela, P.O. Box 45, Nelspruit, 1200
2.16.1 The tender offer validity period is 120 days.
2.16.1 Add the following to the clause:
If the tender validity expires on a Saturday, Sunday or public holiday, the tender shall
remain valid and open for acceptance until the closure of business on the following
working day.
2.16.3 Add the following new clause:
Bid No 158/2016 Part T1: Tendering Procedure Section T1.2: Tender Data
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T1.2-6
Clause Addition or Variation to Standard Conditions of Tender
Accept that should the Tenderer unilaterally withdraw his tender during this period, the
Employer shall, without prejudice to any other rights he may have, be entitled to accept
any less favourable tender for the Works from those received, or to call for fresh
tenders, or to otherwise arrange for execution of the Works, and the Tenderer shall pay
on demand any additional expense incurred by the Employer on account of the
adoption of the said courses, as well as either the difference in cost between the tender
withdrawn (as corrected in terms of clause 3.9 of the Conditions of Tender) and any
less favourable tender accepted by the Employer, or the difference between the tender
withdrawn (as corrected) and the cost of execution of the Works by the Employer as
well as any other amounts the Employer may have to pay to have the Works
completed.
2.18.1 Add the following to the clause:
Accept that if requested, the Tenderer shall within 7 days of the date upon which he is
requested to do so, submit a full report from his banker as to his financial standing. The
Employer may, in its discretion, and subject to the provisions of Section 4(1)(d) of the
State Tender Board Act 86 of 1968, condone any failure to comply with the foregoing
condition.
Accept that the Employer or his agent, reserves the right to approach the Tenderer’s
banker or guarantor(s) as indicated in the tender document, or the bankers of each of
the individual members of any joint venture that is constituted for purposes of this
Contract, with a view to ascertaining whether the required guarantee will be furnished,
and for purposes of ascertaining the financial strength of the Tenderer or of the
individual member of such venture.
2.22 Return all retained tender documents prior to the closing time for the submission of
Tender Offers.
2.23 The following certificates / information are to be provided with the tender offer:
a. Original valid Tax Clearance Certificate (in terms of the Preferential
Procurement Regulations, 2001 published in Government Gazette No. 22549
dated 10 August 2001),
b. Certified copy of VAT Registration Certificate (if VAT number is not included in
tax clearance certificate),
c. Certified copy of a Workmen’s Compensation Certificate, Act 4 of 2002,
d. Certified copy of Unemployment Insurance Certificate, Act 4 of 2002,
e. Certified copy of Certificate of Incorporation (if tenderer is a Company),
Bid No 158/2016 Part T1: Tendering Procedure Section T1.2: Tender Data
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T1.2-7
Clause Addition or Variation to Standard Conditions of Tender
f. Certified copy of Founding Statement (if tenderer is a Closed Corporation),
g. Certified copy of Partnership Agreement (if tenderer is a Partnership),
h. Certified copy of Identity Document (if tenderer is a One-man concern),
i. Joint Venture Agreement (if tenderer is a Joint Venture),
j. B-BBEE Verification Certificate (refer to Section T2.2.13)
k. Curriculum vitae of the person who prepares the Contractor’s Health and Safety
Plan, and
l. Curriculum vitae of the Health and Safety Officer the successful tenderer
intends appointing in accordance with the Occupational Health and Safety Act
(Act 85 of 1993).
m. Curriculum Vitae of all supervisory staff
3.1 Replace the contents of the clause with the following:
Respond, to a request for clarification received in accordance with clause 2.8, within 7
days prior to the closing time stated in clause 2.15 and notify all tenderers who drew
procurement documents.
3.4 Tenders will be opened immediately after the closing time for tenders, at the same
venue.
3.5 A two-envelope procedure will not be followed.
3.8.1 Add the following to the clause:
Failure on the part of the Tenderer to submit a tender offer as stipulated in clause F2.13
prior to the closing time as stipulated in clause F2.15 shall be just cause for the
Employer to consider the tender offer as being non-responsive
Failure on the part of the Tenderer to submit any one of the returnable documents or
certificates listed in clause 2.23 within the period stipulated shall be just cause for the
Employer to consider the tender offer as being non-responsive.
3.9.1 Replace the contents of the clause with the following:
Check responsive tender offers for arithmetical errors, correcting them in the following
manner:
a) If a bill of quantities (or schedule of quantities or schedule of rates) applies and
there is an error in the line item total resulting from the product of the unit rate
and the quantity, the unit rate shall govern and the line item total shall be
corrected.
Bid No 158/2016 Part T1: Tendering Procedure Section T1.2: Tender Data
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T1.2-8
Clause Addition or Variation to Standard Conditions of Tender
b) Where there is an error in the total of the prices, either as a result of other
corrections required by this checking process or in the tenderer’s addition of
prices, the corrected total of the prices shall govern.
c) Where there is a discrepancy between the amount indicated in the Tenderer’s
tender offer and the corrected amount obtained after completing the above
steps, the corrected amount shall govern.
3.9.3 Replace the contents of the clause with the following:
Notify a tenderer upon written request received after the closing date of tenders of all
arithmetical errors made that particular tenderer.
3.9.4 Delete this clause.
3.11.1 Method 4 (as described in Clause 3.11.3 of the Standard Conditions of Tender) will be
used to evaluate all responsive tender offers, where the value for W1 is:
90 where the financial value inclusive of VAT of all responsive tenders received have a
value in excess of R50 000 000; or
80 where the financial value inclusive of VAT of one or more responsive tender offers
equals or is less than R50 000 000.
3.11.7 The financial offer will be scored in terms of formula 2 option 1 of the Standard
Conditions of Tender (Section T1.3 of the document).
3.11.7 Add the following new clause:
Scoring preference
Up to (100-W1) tender evaluation points (Wp) will be awarded to tenderers who
complete the preferencing schedule (bound into Section T2.2) and who are found to be
eligible for the preference claimed. Refer to Section T.2.2.13 (Preference Claimed by
Tenderer (MBD6.1)).
3.12 Replace the contents of the clause with the following:
If requested by any Tenderer, submit for the Tenderers’ information the policies or
certificates of insurance (or both) which the conditions of contract identified in the
Contract Data require the Employer to provide.
3.13.1 A Tender offer will only be accepted on condition that such acceptance is not prohibited
in terms of clause 44 of the Municipal Supply Chain Management Regulations
published in terms of the Municipal Finance Management Act, 2003.
Bid No 158/2016 Part T1: Tendering Procedure Section T1.2: Tender Data
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T1.2-9
Clause Addition or Variation to Standard Conditions of Tender
3.14 Replace the contents of the clause with the following:
Notice of non-acceptance of tender will not be sent to individual unsuccessful
tenderers. Particulars of the accepted tender can be obtained from the Engineer.
3.18 The successful tenderer shall receive one copy of the signed contract.
Bid No 158/2016 Part T1: Tendering Procedure Section T1.2: Tender Data
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T1.2-10
SUPPLY CHAIN MANAGEMENT
EVALUATION PROCESS AND CRITERIA
The following evaluation process and criteria will be used to evaluate all bids submitted:
Standard Conditions of Bid F.1 General F.1.1 Actions
The employer and each Bidder submitting a Bid offer shall comply with these conditions of Bid. 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 Bid Documents
The documents issued by the employer for the purpose of a Bid offer are listed in the Bid data. This document in which are bound the Tendering Procedures, Returnable Documents, Agreements and Contract Data, Pricing Data and Scope of Work. Tenderers are reminded that irrespective of any other provision or requirement contained in this tender, the only mandatory required documents to be submitted with this tender are listed in Part T2 of the Returnable Documents.
F.1.3 Interpretation F.1.3.1 The Bid data and additional requirements contained in the Bid schedules that are included in
the returnable documents are deemed to be part of these conditions of Bid. F.1.3.2 These conditions of Bid, the Bid data and Bid schedules which are only required for Bid
evaluation purposes, shall not form part of any contract arising from the invitation to Bid. 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 Bidder’s financial offer after the factors of non-firm prices, all unconditional discounts and any other Bided 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 Bid process; and
c) Fraudulent practice means the misrepresentation of the facts in order to influence the Bid process or the award of a contract arising from a Bid offer to the detriment of the employer, including collusive practices intended to establish prices at artificial levels
d) Quality (functionality) means the totality of features and characteristics of a product or service that bear on its ability to satisfy stated or implied needs.
F.1.3.4 The Tender documents have been drafted in English. The contract arising from the invitation of
tender shall be interpreted and construed in English.” F.1.4 Communication and employer’s agent
Each communication between the employer and a Bidder 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
Bid No 158/2016 Part T1: Tendering Procedure Section T1.2: Tender Data
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T1.2-11
language. The employer shall not take any responsibility for non-receipt of communications from or by a Bidder. The name and contact details of the employer’s agent are stated in the Bid data.
F.1.5 The employer’s right to accept or reject any Bid offer F.1.5.1 The employer may 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.
F.1.6 Evaluation and award of the tender. F1.6.1 The City of Mbombela reserves the right to accept the whole or any portion of a tender. F.2 Bidder’s obligations F.2.1 Eligibility
Submit a Bid offer only if the Bidder complies with the criteria stated in the Bid data and the Bidder, or any of his principals, is not under any restriction to do business with employer.
F.2.2 Cost of Biding
Accept that the employer will not compensate the Bidder for any costs incurred in the preparation and submission of a Bid offer, including attending interviews in the office of the employer or employer’s agent and the costs of any testing necessary to demonstrate that aspects of the offer satisfy requirements.
F.2.3 Check documents
Check the Bid 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 Bid. Use and copy the documents issued by the employer only for the purpose of preparing and submitting a Bid offer in response to the invitation.
F.2.5 Reference documents
Obtain, as necessary for submitting a Bid 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 Bid documents by reference.
F.2.6 Acknowledge addenda
Acknowledge receipt of addenda to the Bid documents, which the employer may issue, and if necessary apply for an extension to the closing time stated in the Bid data, in order to take the addenda into account.
F.2.7 Clarification meeting
Attend compulsory clarification meeting at which Bidders may familiarize themselves with aspects of the proposed work, services or supply and raise questions. Details of the meeting(s) are stated in the Bid data. Where applicable, details of the compulsory clarification meeting with
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a representative of the Employer are stated in the Tender Notice and Invitation to Tender. Confirmation of attendance will be recorded in the attendance register to be signed by all tenderers. Tender documents will not be made available at the clarification meeting.
F.2.8 Seek clarification
Request clarification of the Bid documents, if necessary, by notifying the employer in writing at least seven working days before the closing time stated in the Bid data.
F.2.9 Insurance
Be aware that the extent of insurance to be provided by the employer (if any) may not be for the full cover required in terms of the conditions of contract identified in the contract data. The Bidder is advised to seek qualified advice regarding insurance.
F.2.10 Pricing the Bid offer F.2.10.1 Include in the rates, prices, and the Bided total of the prices (if any) all duties, taxes (except
Value Added Tax (VAT), and other levies payable by the successful Bidder, such duties, taxes and levies being those applicable 14 days before the closing time stated in the Bid data.
F2.10.2 Show VAT payable by the employer separately as an addition to the Bided 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 Bid data. The conditions of
contract identified in the contract data may provide for part payment in other currencies. F.2.10.5 “If no offer is made for an item, a line must be drawn through the space in pen. All prices and
details must be legible/readable to ensure the tender will be considered for adjudication.” F.2.11 Alterations to documents
Not make any alterations or additions to the Bid documents, except to comply with instructions issued by the employer, or necessary to correct errors made by the Bidder. All signatories to the Bid offer shall initial all such alterations. Erasures and the use of masking fluid are prohibited.
“In the event of a mistake having been made on the price schedule, it shall be crossed out in ink and be accompanied by an initial at each and every price alteration.”
If correction fluid has been used on any specific item price, such item will not be considered. Corrections in terms of price may not be made by means of correction fluid such as Tippex or similar product. No correction fluid may be used in a Price Schedule where prices are calculated to arrive at a total amount. If correction fluid has been used, the tender as a whole will not be considered.
The Municipality will reject the bid if corrections are not made in accordance with the above.”
F.2.12 Alternative Bid offers F.2.12.1 Submit alternative Bid offers only if a main Bid offer, strictly in accordance with all the
requirements of the Bid documents, is also submitted. The alternative Bid offer is to be submitted with the main Bid offer together with a schedule that compares the requirements of the Bid documents with the alternative requirements the Bidder proposes.
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F.2.12.2 Accept that an alternative Bid offer may be based only on the criteria stated in the Bid data or
criteria otherwise acceptable to the employer. F.2.13 Submitting a Bid offer F.2.13.1 Submit a Bid 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 Bid 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 black ink. Each Tenderer is required to return the complete set of documents as listed in Part T2 with all the required information supplied and completed in all respects. Prior to submitting their tender document tenderers should make a copy thereof for record purposes No copies of any part of the submitted tender document will be made for the tenderers during the evaluation and adjudication processes.
F.2.13.3 Submit the parts of the Bid offer communicated on paper as an original plus the number of
copies stated in the Bid data, with an English translation of any documentation in a language other than English, and the parts communicated electronically in the same format as they were issued by the employer.
F.2.13.4 Sign the original and all copies of the Bid offer where required in terms of the Bid data. The
employer will hold all authorized signatories liable on behalf of the Bidder. Signatories for Bidders 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 Bid offer.
Only authorised signatories may sign the original and all copies of the tender offer where required in terms of F.2.13.3 In the case of a ONE-PERSON CONCERN submitting a tender, this shall be clearly stated. In case of a COMPANY submitting a tender, include a copy of a resolution by its board of directors authorising a director or other official of the company to sign the documents on behalf of the company. In the case of a CLOSE CORPORATION submitting a tender, include a copy of a resolution by its members authorising a member or other official of the corporation to sign the documents on each member’s behalf. In the case of a PARTNERSHIP submitting a tender, all the partners shall sign the documents, unless one partner or a group of partners has been authorised to sign on behalf of each partner, in which case proof of such authorisation shall be included in the Tender.
In the case of a JOINT VENTURE/CONSORTIUM submitting a tender, include a resolution of each company of the Joint Venture together with a resolution by its members authorising a member of the Joint Venture to sign the documents on behalf of the Joint Venture.
F.2.13.5 Seal the original and each copy of the Bid 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 Bid data, as well as the Bidder’s name and contact address.
The identification details are:
• ........ Correct tender reference no. • ........ Correct Tender description • ........ Correct closing time • ........ Correct due date
Each tender shall be enclosed in a sealed envelope, bearing the correct identification details and shall be placed in the tender box located in the foyer at City of Mbombela offices at 1 Nel Street, Nelspruit.
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F.2.13.6 Where a two-envelope system is required in terms of the Bid data, place and seal the
returnable documents listed in the Bid 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 Bid data, as well as the Bidder’s name and contact address.
F.2.13.7 Seal the original Bid 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 Bid data. F.2.13.8 Accept that the employer shall not assume any responsibility for the misplacement or premature
opening of the Bid 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 Bid 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 Bid offer at the address specified in the Bid data not later
than as stated in the Bid data. Proof of posting shall not be accepted as proof of delivery. The employer shall not accept Bid offers submitted by telegraph, telex, facsimile or e-mail, unless stated otherwise in the Bid data.
F.2.15.2 Accept that, if the employer extends the closing time stated in the Bid data for any reason, the
requirements of these conditions of Bid apply equally to the extended deadline. F.2.16 Bid offer validity F.2.16.1 Hold the Bid offer(s) valid for acceptance by the employer at any time during the validity period
stated in the Bid data after the closing time stated in the Bid data. The Tender Offer validity period is 120 days. If the tender validity expires on a Saturday, Sunday or public holiday, the Tender Offer shall remain valid and open for acceptance until the closure of business on the following working day.
F.2.16.2 If requested by the employer, consider extending the validity period stated in the Bid data for an
agreed additional period. F.2.17 Clarification of Bid 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 resulting from the product of the unit rate and the quantity by the adjustment of certain line item totals. No change in the unit rate or prices 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 Bidder following a competitive selection process, should the Employer elect to do so. 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 Bid offer, the
Bidder’s commercial position (including notarized joint venture agreements), preferencing arrangements, or samples of materials, considered necessary by the employer for the purpose
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of a full and fair risk assessment. Should the Bidder 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 Bid 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 Bid 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 Bid documents
If so instructed by the employer, return all retained Bid documents within 28 days after the expiry of the validity period stated in the Bid data.
F.2.23 Certificates
Include in the Bid submission or provide the employer with any certificates as stated in the Bid data. Refer to part T1 and part T2: Returnable Documents for a list of documents that are to be returned with the tender. Tenderers are required to develop a booklet with a table of contents as per table stated in part T2 under T2.0 for all certificates and supporting documentation.
F.2.24 Canvassing and obtaining of additional information by tenderers
Accept that no Tenderer shall make any attempt either directly or indirectly to canvass any of the employers’ officials or the Employer’s agent in respect of his tender, after the opening of the tenders but prior to the Employer arriving at a decision thereon. No Tenderer shall make any attempt to obtain particulars of any relevant information, other than that disclosed at the opening of tenders.
F.2.25 Prohibitions on awards to persons in service of the state
Accept that the Employer is prohibited to award a tender to a person - a) who is in the service of the state; or b) if that person is not a natural person, of which any director, manager, principal shareholder or stakeholder is a person in the service of the state; or c) a person who is an advisor or consultant contracted with the municipality or municipal entity.
In the service of the state” means to be – a) a member of - • any municipal council; • any provincial legislature; or • 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; d) an employee of any national or provincial department, national ore) provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999); f) a member of the accounting authority of any national or provincial public entity; or g) an employee of Parliament or a provincial legislature.”
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In order to give effect to the above, the questionnaire for the declaration of interests in the tender of persons in service of state in Section T2.2 must be completed.
F.2.25 Awards to close family members of persons in the service of the state.
Accept that the notes to the Employer’s annual financial statements must disclose particulars of any award of more than R2000 to a person who is a spouse, child or parent of a person in the service of the state (defined in clause 2.25), or has been in the service of the state in the previous twelve months, including;
a) The name of that person; b) The capacity in which that person is in the service of the state; and c) The amount of the award.
In order to give effect to the above, the questionnaire for the declaration of interests in the tender of persons in service of state in part T2 – Returnable Documents must be completed in full and signed.
F.2.26 Tax Clearance Certificate
In the case of a Joint Venture/Consortium the tax clearance certificate must be for the Joint Venture/Consortium or individual valid tax clearance certificates for all the members of the Joint Venture/Consortium
F.3 The Employer’s undertakings F.3.1 Respond to clarification
Respond to a request for clarification received up to seven calendar days before the tender closing time stated in the tender data and notify all Tenderers who drew procurement documents.
The time and location for the tender submissions are stated in the Tender Notice and Invitation to Tender.
F.3.2 Issue Addenda
If necessary, issue addenda that may amend or amplify the Bid documents to each Bidder during the period from the date of the Bid Notice until seven days before the Bid closing time stated in the Bid Data. If, as a result a Bidder applies for an extension to the closing time stated in the Bid Data, the Employer may grant such extension and, will then notify it to all Bidders who drew documents.
F.3.3 Return late Bid offers
Return Bid offers received after the closing time stated in the Bid Data, unopened, (unless it is necessary to open a Bid submission to obtain a forwarding address), to the Bidder concerned.
F.3.4 Opening of Bid submissions F.3.4.1 Unless the two-envelope system is to be followed, open valid Bid submissions in the presence
of Bidders’ agents who choose to attend at the time and place stated in the Bid data. Bid submissions for which acceptable reasons for withdrawal have been submitted will not be opened.
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The time and location for the tender submissions are stated in the Tender Notice and Invitation to Tender.
F.3.4.2 Announce at the opening held immediately after the opening of Bid submissions, at a venue
indicated in the Bid data, the name of each Bidder whose Bid offer is opened, the total of his prices, preferences claimed and time for completion, if any, for the main Bid 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
A two-envelope procedure will not be followed in this contract. F.3.6 Non-disclosure
Not disclose to Bidders, or to any other person not officially concerned with such processes, information relating to the evaluation and comparison of Bid offers, the final evaluation price and recommendations for the award of a contract, until after the award of the contract to the successful Bidder.
F.3.7 Grounds for rejection and disqualification
Determine whether there has been any effort by a Bidder to influence the processing of Bid offers and instantly disqualify a Bidder (and his Bid offer) if it is established that he engaged in corrupt or fraudulent practices.
F.3.8 Test for responsiveness
Determine, on opening and before detailed evaluation, whether each Bid offer properly received:
a) Meets the requirements of these Conditions of Bid, b) Has been properly and fully completed and signed, and c) is responsive to the other requirements of the Bid documents.
A responsive Bid is one that conforms to all the terms, conditions, and specifications of the Bid documents without material deviation or qualification. A material deviation or qualification is one which, in the Employer's opinion, would:
• Detrimentally affect the scope, quality, or performance of the works, services or supply
identified in the Scope of Work, • Change the Employer's or the Bidder’s risks and responsibilities under the contract, or • Affect the competitive position of other Bidders presenting responsive Bids, if it were to
be rectified.
Reject a non-responsive Bid offer, and not allow it to be subsequently made responsive by correction or withdrawal of the non-conforming deviation or reservation.
F.3.9 Arithmetical errors
Check responsive Bid offers for arithmetical errors, correcting them in the following manner:
• Where there is a discrepancy between the amounts in figures and in words, the amount in words shall govern.
• If a bill 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
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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 will be corrected.
• 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 Bidder’s addition of prices, the total of the prices shall govern and the Bidder will be asked to revise selected item prices (and their rates if a bills of quantities applies) to achieve the Bided total of the prices.
Consider the rejection of a Bid offer if the Bidder does not correct or accept the correction of his arithmetical errors in the manner described above.
F.3.10 Clarification of a Bid offer
Obtain clarification from a Bidder on any matter that could give rise to ambiguity in a contract arising from the Bid offer.
F.3.11 Evaluation of Bid offers
The tender evaluation method to evaluate all responsive tender offers will be
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.
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F3.11.1 General
Apply the 80/20 Preference Point system where a maximum of EIGHTY (80) tender adjudication point be awarded for price and a maximum of TWENTY (20) points for B-BBEE status level of contribution. Refer to Part T2 – Returnable Documents.
Gate 0
Name of Document that must be submitted Non-submission may result in disqualification?
Form of Offer YES
Authority for signatory YES
Original Tax Clearance Certificate YES
COIDA YES
Invitation to Bid YES
Declaration of Interest – MBD 4 YES
Declaration of Bidder’s Past Supply Chain Management Practices – MBD 8 YES
CIDB Grading YES
Company Registration Yes
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 1: TENDER
Section T1.3
Standard Conditions of Tender
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MPU8ALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2017
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
T1.3 STANDARD CONDITIONS OF TENDER
INDEX Item Description Page No 1. GENERAL ....................................................................................................................................... T1.3-4
1.1 Actions ............................................................................................................................................. T1.3-4
1.2 Tender Documents .......................................................................................................................... T1.3-5
1.3 Interpretation ................................................................................................................................... T1.3-5
1.4 Communication and employer's agent ............................................................................................ T1.3-6
1.5 The employer's right to accept or reject any tender offer. ............................................................... T1.3-6
1.6 Procurement procedures ................................................................................................................. T1.3-6
2. TENDERER'S OBLIGATIONS ....................................................................................................... T1.3-8
2.1 Eligibility .......................................................................................................................................... T1.3-8
2.2 Cost of tendering ............................................................................................................................. T1.3-8
2.3 Check documents ............................................................................................................................ T1.3-8
2.4 Confidentiality and copyright of documents .................................................................................... T1.3-8
2.5 Reference documents ..................................................................................................................... T1.3-8
2.6 Acknowledge addenda .................................................................................................................... T1.3-8
2.7 Clarification meeting ........................................................................................................................ T1.3-9
2.8 Seek clarification ............................................................................................................................. T1.3-9
2.9 Insurance ......................................................................................................................................... T1.3-9
2.10 Pricing the tender offer .................................................................................................................... T1.3-9
2.11 Alterations to documents ................................................................................................................. T1.3-9
2.12 Alternative tender offers .................................................................................................................. T1.3-9
2.13 Submitting a tender offer ............................................................................................................... T1.3-10
2.14 Information and data to be completed in all respects ................................................................... T1.3-11
2.15 Closing time ................................................................................................................................... T1.3-11
2.16 Tender offer validity ....................................................................................................................... T1.3-11
2.17 Clarification of tender offer after submission ................................................................................. T1.3-12
2.18 Provide other material ................................................................................................................... T1.3-12
2.19 Inspections, tests and analysis ..................................................................................................... T1.3-12
2.20 Submit securities, bonds, policies, etc. ......................................................................................... T1.3-12
2.21 Check final draft ............................................................................................................................ T1.3-12
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2.22 Return of other tender documents ................................................................................................ T1.3-12
2.23 Certificates .................................................................................................................................... T1.3-13
3. THE EMPLOYER'S UNDERTAKINGS......................................................................................... T1.3-13
3.1 Respond to requests from the tenderer ........................................................................................ T1.3-13
3.2 Issue Addenda .............................................................................................................................. T1.3-13
3.3 Return late tender offers ............................................................................................................... T1.3-13
3.4 Opening of tender submissions ..................................................................................................... T1.3-14
3.5 Two-envelope system ................................................................................................................... T1.3-14
3.6 Non-disclosure .............................................................................................................................. T1.3-14
3.7 Grounds for rejection and disqualification ..................................................................................... T1.3-14
3.8 Test for responsiveness ................................................................................................................ T1.3-15
3.9 Arithmetical errors, omissions and discrepancies ......................................................................... T1.3-15
3.10 Clarification of a tender offer ......................................................................................................... T1.3-16
3.11 Evaluation of tender offers ............................................................................................................ T1.3-16
3.12 Insurance provided by the employer ............................................................................................. T1.3-20
3.13 Acceptance of tender offer ............................................................................................................ T1.3-20
3.14 Prepare contract documents ......................................................................................................... T1.3-21
3.15 Complete adjudicator's contract .................................................................................................... T1.3-21
3.16 Notice to unsuccessful tenderers .................................................................................................. T1.3-21
3.17 Provide copies of the contracts ..................................................................................................... T1.3-21
3.18 Provide written reasons for actions taken ..................................................................................... T1.3-21
These standard conditions of tender are identical to those published in Annex F of the Construction Industry Development Board’s Board Notice 86 of 2010.
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
T1.3 STANDARD CONDITIONS OF TENDER
1. GENERAL
1.1 Actions
1.1.1 The employer and each tenderer submitting a tender offer shall comply with these conditions of
tender. In their dealings with each other, they shall discharge their duties and obligations as set out in
Section 2 and Section 3, timeously and with integrity, and behave equitably, honestly and
transparently, comply with all legal obligations and not engage in anticompetitive practices.
1.1.2 The employer and the tenderer and all their agents and employees involved in the tender process
shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such
conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict
of interest in their tender submissions. Employees, agents and advisors of the employer shall declare
any conflict of interest to whoever is responsible for overseeing the procurement process at the start of
any deliberations relating to the procurement process or as soon as they become aware of such
conflict, and abstain from any decisions where such conflict exists or recuse themselves from the
procurement process, as appropriate.
Note: 1) A conflict of interest may arise due to a conflict of roles which might provide an incentive for
improper acts in some circumstances. A conflict of interest can create an appearance of
impropriety that can undermine confidence in the ability of that person to act properly in his
or her position even if no improper acts result.
2) Conflicts of interest in respect of those engaged in the procurement process include direct,
indirect or family interests in the tender or outcome of the procurement process and any
personal bias, inclination, obligation, allegiance or loyalty which would in any way affect
any decisions taken.
The employer shall not seek and a tenderer shall not submit a tender without having a firm intention
and the capacity to proceed with the contract.
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1.2 Tender Documents
The documents issued by the employer for the purpose of a tender offer are listed in the tender data.
1.3 Interpretation
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.
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.
For the purposes of these conditions of tender, the following definitions apply:
a) conflict of interest means any situation in which:
i) someone in a position of trust has competing professional or personal interests which
make it difficult to fulfil his or her duties impartially;
ii) an individual or organisation is in a position to exploit a professional or official capacity
in some way for their personal or corporate benefit; or
iii) incompatibility or contradictory interests exist between an employee and the
organisation which employs that employee.
b) comparative offer means the tenderer's financial offer after all tendered parameters that
will affect the value of the financial offer have been taken into consideration in order to
enable comparisons to be made between offers on a comparative basis
c) corrupt practice means the offering, giving, receiving or soliciting of anything of value to
influence the action of the employer or his staff or agents in the tender process; and
d) fraudulent practice means the misrepresentation of the facts in order to influence the
tender process or the award of a contract arising from a tender offer to the detriment of the
employer, including collusive practices intended to establish prices at artificial levels
e) organization means a company, firm, enterprise, association or other legal entity, whether
incorporated or not, or a public body
f) 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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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 readily read, copied and recorded. Communications shall be in the
English language. The employer shall not take any responsibility for non-receipt of communications
from or by a tenderer. The name and contact details of the employer's agent are stated in the tender
data.
1.5 The employer's right to accept or reject any tender offer
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.
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.
1.6 Procurement procedures
1.6.1 General
Unless otherwise stated in the tender data, a contract will, subject to 3.13, be concluded with the
tenderer who in terms of 3.11 is the highest ranked or the tenderer scoring the highest number of
tender evaluation points, as relevant, based on the tender submissions that are received at the closing
time for tenders.
1.6.2 Competitive negotiation procedure
Where the tender data require that the competitive negotiation procedure is to be followed, tenderers
shall submit tender offers in response to the proposed contract in the first round of submissions.
Notwithstanding the requirements of 3.4, the employer shall announce only the names of the
tenderers who make a submission. The requirements of 3.8 relating to the
material deviations or qualifications which affect the competitive position of tenderers shall not apply.
All responsive tenderers, or not less than three responsive tenderers that are highest ranked in terms
of the evaluation method and evaluation criteria stated in the tender data, shall be invited in each
round to enter into competitive negotiations, based on the principle of equal treatment and keeping
confidential the proposed solutions and associated information. Notwithstanding the provisions of
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2.17, the employer may request that tenders be clarified, specified and fine-tuned in order to improve a
tenderer's competitive position provided that such clarification, specification, fine-tuning or additional
information does not alter any fundamental aspects of the offers or impose substantial new
requirements which restrict or distort competition or have a discriminatory effect.
At the conclusion of each round of negotiations, tenderers shall be invited by the employer to make a
fresh tender offer, based on the same evaluation criteria, with or without adjusted weightings.
Tenderers shall be advised when they are to submit their best and final offer.
The contract shall be awarded in accordance with the provisions of 3.11 and 3.13 after tenderers have
been requested to submit their best and final offer.
1.6.3 Proposal procedure using the two stage-system
1.6.3.1 Option 1
Tenderers shall in the first stage submit technical proposals and, if required, cost parameters around
which a contract may be negotiated. The employer shall evaluate each responsive submission in
terms of the method of evaluation stated in the tender data, and in the second stage negotiate a
contract with the tenderer scoring the highest number of evaluation points and award the contract in
terms of these conditions of tender.
1.6.3.2 Option 2
Tenderers shall submit in the first stage only technical proposals. The employer shall invite all
responsive tenderers to submit tender offers in the second stage, following the issuing of procurement
documents.
The employer shall evaluate tenders received during the second stage in terms of the method of
evaluation stated in the tender data, and award the contract in terms of these conditions of tender.
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2. TENDERER'S OBLIGATIONS
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.
Notify the employer of any proposed material change in the capabilities or formation of the tendering
entity (or both) or any other criteria which formed part of the qualifying requirements used by the
employer as the basis in a prior process to invite the tenderer to submit a tender offer and obtain the
employer's written approval to do so prior to the closing time for tenders.
2.2 Cost of tendering
Accept that, unless otherwise stated in the tender data, the employer will not compensate the tenderer
for any costs incurred in the preparation and submission of a tender offer, including the costs of any
testing necessary to demonstrate that aspects of the offer complies with requirements.
2.3 Check documents
Check the tender documents on receipt for completeness and notify the employer of any discrepancy
or omission.
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.
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.
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.
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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 (s) are
stated in the tender data.
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.
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.
2.10 Pricing the tender offer
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.
2.10.2 Show VAT payable by the employer separately as an addition to the tendered total of the prices.
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.
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.
2.11 Alterations to documents
Do not make any alterations or additions to the tender documents, except to comply with instructions
issued by the employer, or necessary to correct errors made by the tenderer. All signatories to the
tender offer shall initial all such alterations. Erasures and the use of masking fluid are prohibited.
2.12 Alternative tender offers
2.12.1 Unless otherwise stated in the tender data, submit alternative tender offers only if a main tender offer,
strictly in accordance with all the requirements of the tender documents, is also submitted as well as a
schedule that compares the requirements of the tender documents with the alternative requirements
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that are proposed.
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.
2.13 Submitting a tender offer
2.13.1 Submit one tender offer only, either as a single tendering entity or as a member in a joint venture to
provide the whole of the works, services or supply identified in the contract data and described in the
scope of works, unless stated otherwise in the tender data.
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 legibly in non-erasable ink.
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.
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.
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.
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.
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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.
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.
2.13.9 Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer, unless
stated otherwise in the tender data.
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.
2.15 Closing time
2.15.1 Ensure that the employer receives the tender offer at the address specified in the tender data not later
than the closing time stated in the tender data. Accept that proof of posting shall not be accepted as
proof of delivery.
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.
2.16 Tender offer validity
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.
2.16.2 If requested by the employer, consider extending the validity period stated in the tender data for an
agreed additional period with or without any conditions attached to such extension.
2.16.3 Accept that a tender submission that has been submitted to the employer may only be withdrawn or
substituted by giving the employer's agent written notice before the closing time for tenders that a
tender is to be withdrawn or substituted.
2.16.4 Where a tender submission is to be substituted, submit a substitute tender in accordance with the
requirements of 2.13 with the packages clearly marked as "SUBSTITUTE".
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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 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.
2.18 Provide other material
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.
2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required.
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.
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.
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.
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.
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2.23 Certificates
Include in the tender submission or provide the employer with any certificates as stated in the tender
data.
3. THE EMPLOYER'S UNDERTAKINGS
3.1 Respond to requests from the tenderer
3.1.1 Unless otherwise stated in the Tender Data, 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.
3.1.2 Consider any request to make a material change in the capabilities or formation of the tendering entity
(or both) or any other criteria which formed part of the qualifying requirements used to prequalify a
tenderer to submit a tender offer in terms of a previous procurement process and deny any such
request if as a consequence:
a) an individual firm, or a joint venture as a whole, or any individual member of the joint venture fails
to meet any of the collective or individual qualifying requirements;
b) the new partners to a joint venture were not prequalified in the first instance, either as individual
firms or as another joint venture; or
c) in the opinion of the Employer, acceptance of the material change would compromise the
outcome of the prequalification process.
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 three 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.
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.
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3.4 Opening of tender submissions
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.
3.4.2 Announce at the meeting held immediately after the opening of tender submissions, at a venue
indicated in the tender data, the name of each tenderer whose tender offer is opened and, where
applicable, the total of his prices, preferences claimed and time for completion for the main tender
offer only.
3.4.3 Make available the record outlined in 3.4.2 to all interested persons upon request.
3.5 Two-envelope system
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.
3.5.2 Evaluate the quality of the technical proposals offered by tenderers, then advise tenderers who
remain in contention for the award of the contract of the time and place when the financial proposals
will be opened. Open only the financial proposals of tenderers, who score in the quality evaluation
more than the minimum number of points for quality stated in the tender data, and announce the 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.
3.6 Non-disclosure
Not disclose to tenderers, or to any other person not officially concerned with such processes,
information relating to the evaluation and comparison of tender offers, the final evaluation price and
recommendations for the award of a contract, until after the award of the contract to the successful
tenderer.
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.
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3.8 Test for responsiveness
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.
3.8.2 A responsive tender is one that conforms to all the terms, conditions, and specifications of the
tender documents without material deviation or qualification. A material deviation or
qualification is one which, in the Employer's opinion, would:
a) detrimentally affect the scope, quality, or performance of the works, services or supply identified
in the Scope of Work,
b) significantly change the Employer's or the tenderer's risks and responsibilities under the
contract, or
c) affect the competitive position of other tenderers presenting responsive tenders, if it were to be
rectified.
Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by
correction or withdrawal of the non- conforming deviation or reservation.
3.9 Arithmetical errors, omissions and discrepancies
3.9.1 Check responsive tenders for discrepancies between amounts in words and amounts in figures.
Where there is a discrepancy between the amounts in figures and the amount in words, the amount in
words shall govern.
3.9.2 Check the highest ranked tender or tenderer with the highest number of tender evaluation points after
the evaluation of tender offers in accordance with 3.11 for;
a) the gross misplacement of the decimal point in any unit rate;
b) omissions made in completing the pricing schedule or bills of quantities; or
c) arithmetic errors in:
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i) line item totals resulting from the product of a unit rate and a quantity in bills of quantities
or schedules of prices; or
ii) the summation of the prices.
3.9.3 Notify the tenderer of all errors or omissions that are identified in the tender offer and either confirm
the tender offer as tendered or accept the corrected total of prices.
3.9.4 Where the tenderer elects to confirm the tender offer as tendered, correct the errors as follows:
a) If bills of quantities or pricing schedules apply and there is an error in the line item total resulting
from the product of the unit rate and the quantity, the line item total shall govern and the rate
shall be corrected. Where there is an obviously gross misplacement of the decimal point in the
unit rate, the line item total as quoted shall govern, and the unit rate shall be corrected.
b) Where there is an error in the total of the prices either as a result of other corrections required
by this checking process or in the tenderer's addition of prices, the total of the prices shall
govern and the tenderer will be asked to revise selected item prices (and their rates if bills of
quantities apply) to achieve the tendered total of the prices.
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.
3.11 Evaluation of tender offers
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 them using the tender evaluation methods and associated evaluation
criteria and weightings that are specified in the tender data.
3.11.2 Method 1: Financial offer
In the case of a financial offer:
a) Rank tender offers from the most favourable to the least favourable comparative offer.
b) Recommend the highest ranked tenderer for the award of the contract, unless there are
compelling and justifiable reasons not to do so.
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c) Re-rank all tenderers should there be compelling and justifiable reasons not to recommend the
highest ranked tenderer and recommend the highest ranked tenderer, unless there are
compelling and justifiable reasons not to do so and the process set out in this sub-clause is
repeated.
3.11.3 Method 2: Financial offer and preference In the case of a financial offer and preferences:
Score each tender in respect of the financial offer made and preferences claimed, if any, in
accordance with the provisions of 3.11.7 and 3.11.8.
Calculate the total number of tender evaluation points (TEV) in accordance with the following formula:
TEV = NFO + Np
where: NFO is the number of tender evaluation points awarded for the financial offer made in
accordance with 3.11.7; and
Np is the number of tender evaluation points awarded for preferences claimed in
accordance with 3.11.8.
a) Rank tender offers from the highest number of tender evaluation points to the lowest.
b) Recommend the tenderer with the highest number of tender evaluation points for the award of
the contract, unless there are compelling and justifiable reasons not to do so.
c) Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to
recommend the tenderer with the highest number of tender evaluation points, and recommend
the tenderer with the highest number of tender evaluation points, unless there are compelling
and justifiable reasons not to do so and the process set out in this sub-clause is repeated.
3.11.4 Method 3: Financial offer and quality
In the case of a financial offer and quality:
a) Score each tender in respect of the financial offer made and the quality offered in accordance
with the provisions of 3.11.7 and 3.11.9, rejecting all tender offers that fail to score the minimum
number of points for quality stated in the tender data, if any.
b) Calculate the total number of tender evaluation points (TEV) in accordance with the following
formula:
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TEV = NFO + Nq
where: NFO is the number of tender evaluation points awarded for the financial offer made in
accordance with 3.11.7; and
Nq is the number of tender evaluation points awarded for quality offered in accordance
with 3.11.9.
c) Rank tender offers from the highest number of tender evaluation points to the lowest.
d) 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.
e) Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to
recommend the tenderer with the highest number of tender evaluation points and recommend
the tenderer with the highest number of tender evaluation points, unless there are compelling
and justifiable reasons not to do so and the process set out in this sub-clause is repeated.
3.11.5 Method 4: Financial offer, quality and preferences
In the case of a financial offer, quality and preferences:
a) Score each tender in respect of the financial offer made, preference claimed, if any, and the
quality offered in accordance with the provisions of 3.11.7 to 3.11.9, rejecting all tender offers
that fail to score the minimum number of points for quality stated in the tender data, if any.
b) Calculate the total number of tender evaluation points (TEV) in accordance with the following
formula, unless otherwise stated in the Tender Data:
TEV = NFO + Np + Nq
where: NFO is the number of tender evaluation points awarded for the financial offer made in
accordance with 3.11.7;
Np is the number of tender evaluation points awarded for preferences claimed in
accordance with 3.11.8; and
Nq is the number of tender evaluation points awarded for quality offered in accordance
with 3.11.9.
c) Rank tender offers from the highest number of tender evaluation points to the lowest.
d) Recommend the tenderer with the highest number of tender evaluation points for the award of
the contract, unless there are compelling and justifiable reasons not to do so.
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m
m
P
PP1
m
m
P
PP1
e) Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to
recommend the tenderer with the highest number of tender evaluation points and recommend
the tenderer with the highest number of tender evaluation points, unless there are compelling
and justifiable reasons not to do so and the process set out in this sub-clause is repeated.
3.11.6 Decimal places
Score financial offers, preferences and quality, as relevant, to two decimal places.
3.11.7 Scoring Financial Offers
Score the financial offers of remaining responsive tender offers using the following formula:
NFO = W1 x A
Where: NFO is the number of tender evaluation points awarded for the financial offer; and
W1 is the maximum possible number of tender evaluation points awarded for the financial
offer as stated in the tender data; and
A is the number calculated using the formula and option described in table 1 as stated in
the tender data.
Table 1 – Formula for calculating the value of Aa
Formula Basis for comparison Option 1a Option 2a
1 Highest price or discount
P/Pm
2 Lowest price or percentage commission/fee
Pm/P
a Pm is the comparative offer of the most favourable comparative offer.
P is the comparative offer of the tender offer under consideration.
3.11.8 Scoring preferences
Confirm that tenderers are eligible for the preferences claimed in accordance with the provisions of
the tender data and reject all claims for preferences where tenderers are not eligible for such
preferences. Calculate the total number of tender evaluation points for preferences claimed in
accordance with the provisions of the tender data.
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3.11.9 Scoring quality
Score each of the criteria and sub-criteria for quality in accordance with the provisions of the Tender
Data.
Calculate the total number of tender evaluation points for quality using the following formula:
NQ = W2 x So/Ms
where: So is the score for quality allocated to the submission under consideration; and
Ms is the maximum possible score for quality in respect of a submission; and
W2 is the maximum possible number of tender evaluation points awarded for the quality as
stated in the tender data
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.
3.13 Acceptance of tender offer
Accept the tender offer, if in the opinion of the employer, it does not present any
unacceptable commercial risk and only if the tenderer:
a) is not under restrictions, or has principals who are under restrictions, preventing participating in
the employer's procurement,
b) can, as necessary and in relation to the proposed contract, demonstrate that he or she
possesses the professional and technical qualifications, professional and technical competence,
financial resources, equipment and other physical facilities, managerial capability, reliability,
experience and reputation, expertise and the personnel, to perform the contract,
c) has the legal capacity to enter into the contract,
d) is not insolvent, in receivership, bankrupt or being wound up, has his affairs administered by a
court or a judicial officer, has suspended his business activities, or is subject to legal
proceedings in respect of any of the foregoing,
e) complies with the legal requirements, if any, stated in the tender data, and
f) is able, in the opinion of the employer, to perform the contract free of conflicts of interest.
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3.14 Prepare contract documents
3.14.1 If necessary, revise documents that shall form part of the contract and that were issued by the
employer as part of the tender documents to take account of:
a) addenda issued during the tender period,
b) inclusion of some of the returnable documents, and
c) other revisions agreed between the employer and the successful tenderer.
3.14.2 Complete the schedule of deviations attached to the form of offer and acceptance, if any.
3.15 Complete adjudicator's contract
Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange
for both parties to complete formalities for appointing the selected adjudicator at the same time as the
main contract is signed.
3.16 Notice to unsuccessful tenderers
3.16.1 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.
3.16.2 After the successful tenderer has been notified of the employer's acceptance of the tender, notify other
tenderers that their tender offers have not been accepted.
3.17 Provide copies of the contracts
3.17.1 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.
3.18 Provide written reasons for actions taken
Provide upon request written reasons to tenderers for any action that is taken in applying these
conditions offender, but withhold information which is not in the public interest to be divulged, which is
considered to prejudice the legitimate commercial interests of tenderers or might prejudice fair
competition between tenderers.
Bid No 158/2016 Title Pages
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 1: TENDER
Part T2
Returnable Documents
Bid No 158/2016 Part T2: Returnable Documents Contents List
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T2.1
MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
INDEX
T2.0 Table of Contents for Returnable Certificates and Supporting Documentation T2.1 Forms, Certificates and Schedules Required For Evaluation of Tender Responsiveness T2.2 Other Forms, Certificates and Schedules that will be incorporated into the Contract
T2.3 Other Forms, Certificates and Schedules required for Tender Evaluation purposes (Functionality)
T2.4 Other Forms, Certificates and Schedules required for Tender Evaluation purposes
Bid No 158/2016 Title Pages
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T2.1-1
MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 1: TENDER
Part T2
List of Returnable Documents
Bid No 158/2018 List of Returnable Documents
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T2.1-2
MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
LIST OF RETURNABLE DOCUMENTS
Notes:
The Tender Document must be submitted as a whole. All forms must be properly completed as
required and the document shall not be taken apart or altered in any way whatsoever.
All forms must be duly completed in black ink as required and all required returnables must be
submitted on a booklet as stated in T2.0.
The list of returnable documents, which consist of forms and schedules to be completed and company
specific certificate and information pages to be attached, comprise the following:
Bid No 158/2016 Part T2: Returnable Documents: Section T2.0 Returnable Certificates and Schedules Section T2.1: Forms, Certificates and Schedules Required for Evaluation of Responsiveness
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T2.1-3
RETURNABLE DOCUMENTS CHECKLIST
Tenderers to complete this checklist to ensure that all information in the Tender Document is completed included and read by the Tenderer
Ref Description Attach Completed/ Included/ Read All pages requiring signatures signed by the Tenderer (Authorised Person)
Correct Tender Offer Amount on BOQ's carried forward to Tender Summary Page and Form of Offer Page
T2.1 Forms, Certificates and Schedules Required for Evaluation of Responsiveness
T2.1.1 Certificate of Attendance at a Tender Site Meeting
T2.1.2 Certificate of Authority for Signature √
T2.1.3 Company Registration Certificate/ Agreements / Identity Documents √
T2.1.4 Tax Clearance Certificate Requirements √
T2.1.5 Proof of registration with CIDB √
T.2.1.6 Proof of Workmen's Compensation Registration √
T2.2 Other Forms, Certificates and Schedules that will be incorporated into this Contract
T2.2.1 Record of Addendum to Tender Documents √
T2.2.2 Form of Required Information
T2.2.3 Execution Programme √
T2.2.4 Contractor's Health and Safety Declaration √
T2.2.5 Contractor's Safety Plan √
T2.2.6 Proforma Notification Form in Terms of the Occupational Health and Safety Act 1993, Construction Regulations, 2003
T2.2.7 MBD 4 (Declaration Of Interest) √
T2.2.8 MBD 8 (Declaration Of Bidder’s Past Supply Chain Management Practice) √
T2.2.9 MBD 6.2 (Declaration Certificate For Local Production And Content)
T2.2.10 Certificate For Municipal Services And Payment √
T2.2.11 Authorization For Deduction Of Outstanding Amount Owed To Council √
T2.2.12 MBD 6.1 (Preference Points Claim Form In Terms Of The Preferential Procurement Regulation 2011)
√
T2.2.13 Company Information For Tenders Greater Than R10 Million
T2.2.14 Classification of Business
T2.2.15 Record of Services Provided to Organs of State √
T2.2.16 Status of Concern Submitting Tender
T2.2.17 Certificate of Independent BID
T.2.3 Other Documentation, Forms and Schedules required for Tender Responsiveness
T2.3.1 Schedule of Constructional Plant √
T2.3.2 Schedule of Previous Work Carried out By Bidder √
T2.3.3 Size of Enterprise and Current Workload
T2.3.4 Staffing Profile √
T2.3.5 Financial Standing/Bank Rating √
T2.3.6 Compulsory Enterprise Questionnaire √
T2.3.7 Schedule of Proposed Sub-Contractors √
T2.3.8 Proposed Amendments, Qualifications and Alternatives √
T.2.4 Other Documentation, Forms and Schedules required for Tender Evaluation Purposes
T2.4.1 Compliance With Occupational Health and Safety ACT, 1993 and Construction Regulations, 2003
√
T2.4.2 Compliance with OHSA (ACT 85 of 1993)
T2.4.3 Schedule of Labour Content
T2.4.4 Schedule of Local Labour Content
T2.4.5 Employment of ABE’s
T2.4.6 Generic Training
T2.4.7 Entrepreneurial Training
T2.4.8 Form of Intent to Provide a Performance Guarantee
Bid No 158/2016 Part T2: Returnable Documents: Section T2.0 Returnable Certificates and Schedules Section T2.1: Forms, Certificates and Schedules Required for Evaluation of Responsiveness
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T2.1-4
T2.0 TABLE OF CONTENTS FOR RETURNABLE CERTIFICATES AND SUPPORTING DOCUMENTATOION
All tenders are required to develop a returnable schedule booklet with following table of content. No additional information will be required and therefore the tenderers will only utilize the table of content herein. Tender Document must be submitted as a whole. All forms must be properly completed as required and the document shall not be taken apart of altered in any way whatsoever.
Tender Document must be submitted as a whole and the document shall not be taken apart or altered in any way whatsoever. Non-compliance will be considered as non-responsive.
Pg. Nr. Description
Submitted
1 Certificate of Authority for Signature
2 Company Registration Certificate/ Agreements /
3 Identity Documents
4 Tax Clearance Certificate Requirements
5 BBBEE Certificate
6 Proof of registration with CIDB
7 Proof of Workmen's Compensation Registration
8 Schedule of Constructional Plant
9 Schedule of Similar Previous Work Carried out By Bidder
Five Appointment letters
Five Completion Certificate
10 Project Team
CV and qualifications for Contract Manager
CV and qualifications for Site Agent
CV and qualifications for Site Foreman
11 Audited Financial statement
Financial statement 2012
Financial statement 2013
Financial statement 2014
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Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T2.1-5
T2.1 FORMS, CERTIFICATES AND SCHEDULES REQUIRED FOR EVALUATION OF RESPONSIVENESS
TABLE OF CONTENT
2.1.1. CERTIFICATE OF ATTENDANCE AT A TENDER SITE MEETING
2.1.2 CERTIFICATE OF AUTHORITY FOR SIGNATURE
2.1.3 REGISTRATION CERTIFICATES / AGREEMENT/ IDENTITY
DOCUMENTS
Error! Reference source not found.2.1.5 PROOF OF REGISTRATION WITH CIDB
2.1.6 PROOF OF WORKMEN`S COMPENSATION
REGISTRATION
Bid No 158/2016 Part T2: Returnable Documents: Section T2.0 Returnable Certificates and Schedules Section T2.1: Forms, Certificates and Schedules Required for Evaluation of Responsiveness
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T2.1-6
2.1.1. CERTIFICATE OF ATTENDANCE AT A TENDER SITE MEETING
This is to certify that (Tenderer) ………………………………………………………………..………...……..
of (address)..................................………..................................................................................................
..................................………..................................................................................................
was represented by the person(s) named below at the compulsory meeting held for all tenderers at the
stated on the tender invitation.
I / We acknowledge that the purpose of the meeting was to acquaint myself / ourselves with the site of
the works and / or matters incidental to doing the work specified in the tender documents in order for me
/ us to take account of everything necessary when compiling our rates and prices included in the tender.
Particulars of person(s) attending the meeting: Name: .................................…………..................... Signature:.............….................................................. Capacity: .................................................................................... Name: …......................................………….……… Signature: .......................…........................................ Capacity: ....................................................................................
Attendance of the above person(s) at the meeting is confirmed by the Employer's representative, namely:
Name: .................……....………..……………….........
Signature: .............................................................
Capacity: .....................…………………………….......
Date and Time: ........…………………….…...........
Bid No 158/2016 Part T2: Returnable Documents: Section T2.0 Returnable Certificates and Schedules Section T2.1: Forms, Certificates and Schedules Required for Evaluation of Responsiveness
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T2.1-7
2.1.2 CERTIFICATE OF AUTHORITY FOR SIGNATURE
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.
(I)
COMPANY
(II)
CLOSE
CORPORATION
(III)
PARTNERSHIP
(IV)
JOINT VENTURE
(V)
SOLE
PROPRIETOR
(I) 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 the tender for
Contract No. 26A/2014 and any contract resulting from it on behalf of the company.
Chairman: .........................................................................................................
As Witnesses: 1......................................................................................
2......................................................................................
Date: ..................................
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T2.1-8
(II) 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 No. 158/2016 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 members upon whom rests the
direction of the affairs of the Close Corporation as a whole.
(III) 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 No.
158/2016 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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Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T2.1-9
(IV) Certificate For Joint Venture
This Returnable Schedule is to be completed by joint ventures.
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 and any contract resulting from it on our behalf.
NAME OF FIRM ADDRESS DULY AUTHORISED
SIGNATORY
Lead partner
Signature. . . . . . . . . . . . .
Name ……..
Designation
Signature. . . . . . . . . . . . .
Name ……..
Designation
Signature. . . . . . . . . . . . .
Name ……..
Designation
Signature. . . . . . . . . . . . .
Name ……..
Designation
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 Joint Venture as a whole.
(V) Certificate For Sole Proprietor
I .............................................., hereby confirm that I am the sole owner of the Business trading as
…………………………………………………........................
Signature of Sole owner: ..................................................
As Witnesses: Date:
1..................................................................... .........................................
2 ................................................................... ........................................
Bid No 158/2016 Part T2: Returnable Documents: Section T2.0 Returnable Certificates and Schedules Section T2.1: Forms, Certificates and Schedules Required for Evaluation of Responsiveness
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T2.1-10
FORM 13A AUTHORITY OF SIGNATORY
NOTE: AN AUTHORITY OF SIGNATORY FOR EACH PARTY IN A JOINT VENTURE IS
ALSO REQUIRED.
Details of person responsible for tender process:
Name :
Contact number :
Office address :
Signatories for close corporations and companies shall confirm their authority by attaching to this form a duly signed and dated original or certified copy on the Company Letterhead of the relevant resolution of their members or their board of directors, as the case may be, as well as a signed joint venture agreement.
Pro-Forma
PRO-FORMA FOR COMPANIES AND CLOSE CORPORATIONS:
"By resolution of the board of directors passed on (date) ....................................................................
Mr .........................................................................................................................................................
has been duly authorized to sign all documents in connection with the Tender for Contract Number
………………………………………………………and any Contract which may arise there from on behalf of
………………………………………………………………
(BLOCK CAPITALS)
SIGNED ON BEHALF OF THE COMPANY .................................................................................
IN HIS CAPACITY AS .................................................................................
DATE .................................................................................
FULL NAMES OF SIGNATORY …………………………………………………………………………..
…………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………
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Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T2.1-11
2.1.3 REGISTRATION CERTIFICATES / AGREEMENT/ IDENTITY
DOCUMENTS
Attach on the booklet Certified Copies Of Registration Certificates For Companies And Close Corporation And
Certified Copies Of Indemnity Documents For Partnership And Sole Proprietors As Well As Signed Agreements
And Power Of Attorney For Joint Venture/Consortium If Applicable
APPLICATION FORM FOR TAX CLEARANCE CERTIFICATE]
(IN RESPECT OF TENDER)
Bid No 158/2016 Part T2: Returnable Documents: Section T2.0 Returnable Certificates and Schedules Section T2.1: Forms, Certificates and Schedules Required for Evaluation of Responsiveness
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T2.1-12
1. NAME OF TAXPAYER/TENDERER: ……………………………..…………………………………….....
2. TRADE NAME:…………………………………………………................................................……………..…
3. IDENTIFICATION No. (if applicable) :
4. COMPANY/CLOSE CORPORATION REG No. :
5. INCOME TAX REFERENCE No. :
6. VAT REGISTRATION No. :
7. PAYE EMPLOYERS REG No. (if applicable) :
NB : Copy of the tender request must be attached to this application. CONTACT PERSON REQUIRING TAX CLEARANCE CERTIFICATE: SIGNATURE: ........................................................................................................... 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 of returns by any person. NAME OF PERSON RESPONSIBLE FOR CONTRACT: ..............................................................................
NB: This is a pro forma application form that has to be submitted to SARS to enable them to issue the required
Tax Clearance Certificate. The original and valid Tax Clearance Certificate furnished by the Receiver of Revenue must be submitted with the tender (to be attached to the next page).
TAX CLEARANCE CERTIFICATE
[Attach on the booklet Tax Clearance Certificate obtained from SARS to be attached here or be attached on]
Bid No 158/2016 Part T2: Returnable Documents: Section T2.0 Returnable Certificates and Schedules Section T2.1: Forms, Certificates and Schedules Required for Evaluation of Responsiveness
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T2.1-13
2.1.5 PROOF OF REGISTRATION WITH CIDB
The tenderer shall attach hereto the contractor’s proof of registration with CIDB. CRS number also to be
provided.
In the case of Consortium / Joint Venture tenders, each partner shall provide their own CIDB registration
certificates
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T2.1-14
2.1.6 PROOF OF WORKMEN`S COMPENSATION REGISTRATION
Tender shall attach on the booklet certified proof of workman`s compensation registration or proof of payment of
contribution in terms of the compensation of occupational injuries and diseases (Act 4 of 2002).
Bid No 158/2016 Part T2: Returnable Documents: Section T2.0 Returnable Certificates and Schedules Section T2.2: Other Forms, Certificates and Schedules Required for Tender Evaluation Purposes
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T2.2-1
TABLE OF CONTENT 2.2.1 RECORD OF ADDENDUM TO TENDER DOCUMENTS
2.2.2 FORM OF REQUIRED INFORMATION
2.2.3 EXECUTION PROGRAMME
2.2.4 CONTRACTOR’S HEALTH AND SAFETY DECLARATION
2.2.5 CONTRACTOR’S SAFETY PLAN
2.2.6 PROFORMA NOTIFICATION FORM IN TERMS OF THE OCCUPATIONAL HEALTH AND SAFETY
ACT 1993, CONSTRUCTION REGULATIONS, 2003
2.2.7 MBD 4 (DECLARATION OF INTEREST)
2.2.8 MBD 8 (DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES)
2.2.9 MBD 6.2 (DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT)
2.2.10 CERTIFICATE FOR MUNICIPAL SERVICES AND PAYMENTS
2.2.11 AUTHORIZATION FOR DEDUCTION OF OUTSTANDING AMOUNTS OWED TO COUNCIL
2.2.12 MDB 6.1 (PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL
PROCUREMENT REGULATIONS 2011)
2.2.13 COMPANY INFORMATION FOR TENDERS GREATER THAN R10 MILLION
2.2.14 CLASSIFICATION OF BUSINESS
2.2.15 RECORD OF SERVICES PROVIDED TO ORGANS OF STATE
2.2.16 STATUS OF CONCERN SUBMITTING TENDER
2.2.17 CERTIFICATE OF INDEPENDENT BID DETERMINATION
T2.2 OTHER FORMS, CERTIFICATES AND SCHEDULES THAT WILL BE
INCORPORATED INTO THIS CONTRACT
Bid No 158/2016 Part T2: Returnable Documents: Section T2.0 Returnable Certificates and Schedules Section T2.2: Other Forms, Certificates and Schedules Required for Tender Evaluation Purposes
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T2.2-2
2.2.1 RECORD OF ADDENDUM TO TENDER DOCUMENTS
I / We confirm that the following communications received from the Employer or his representative before the
date of submission of this tender offer, amending the tender documents, have been taken into account in this
tender offer.
ADD. No. DATE TITLE OR DETAILS
1
2
3
4
5
6
7
8
9
10
SIGNATURE: ...............................................…….............................. DATE: …................................... (of person authorised to sign on behalf of the Tenderer)
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T2.2-3
2.2.2 FORM OF REQUIRED INFORMATION THE FOLLOWING PARTICULARS MUST BE FURNISHED (FAILURE TO DO SO MAY RESULT IN YOUR TENDER BEING DISQUALIFIED)
NAME OF TENDERER ………………………………………………………………………………………………
POSTAL ADDRESS ……………………………………………………………………………………………...
STREET ADDRESS ………………………………………………………………………………………………
TELEPHONE NUMBER CODE ………………………. NUMBER…………………………
CELLPHONE NUMBER ………………………………………………………………………………………………
FACSIMILE NUMBER CODE ………………………. NUMBER………………………….
VAT REGISTRATION NUMBER…………………………………………………………………. HAS AN ORIGINAL AND VALID TAX CLEARANCE CERTIFICATE BEEN ATTACHED? (MBD 2) YES/NO HAS A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE BEEN SUBMITTED? (MBD 6.1) YES/NO IF YES, WHO WAS THE CERTIFICATE ISSUED BY? AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CORPORATIONACT (CCA) A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN NATIONAL ACCREDITATION SYSTEM (SANAS) A REGISTERED AUDITOR (Tick applicable box) (A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE MUST BE SUBMITTED IN ORDER TO QUALIFY FOR THE PREFERENCE POINTS FOR B-BBEE) ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOOD/SERVICES/WORKS OFFERED? YES/NO (IF YES, ENCLOSE PROOF) SIGNATURE OF TENDERER:…………………………………………………………………. DATE: …………………… CAPACITY IN WHICH THIS TENDER IS SIGNED:………………………………………………..
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Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
T2.2-4
2.2.3 EXECUTION PROGRAMME The Tenderer shall detail below or attach a preliminary programme reflecting the proposed sequence and tempo
of execution of the various activities comprising the work for this Contract. The programme shall be in
accordance with the information supplied in the Contract, requirements of the Project Specifications and with all
other aspects of the Tender.
PROGRAMME
ACTIVITY
WEEKS / MONTHS
[Note: The programme must be based on the completion time as specified in the Contract Data. No
other completion time that may be indicated on this programme will be regarded as an alternative offer,
unless it is listed in Table (b) of the Form hereafter and supported by a detailed statement to that effect,
all as specified in the Tender Data]
SIGNATURE:........................................…………. DATE: ……………................................
(of person authorized to sign on behalf of the Tenderer)
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T2.2-5
2.2.4 CONTRACTOR’S HEALTH AND SAFETY DECLARATION
In terms of Clause 4(4) of the OHSA 1993 Construction Regulations 2003 (referred to as "the Regulations"
hereafter), a Contractor may only be appointed to perform construction work if the Employer is satisfied that the
Contractor has the necessary competencies and resources to carry out the work safely in accordance with the
Occupational Health and Safety Act No 85 of 1993 and the OHSA 1993 Construction Regulations 2003.
To that effect a person duly authorized by the tenderer must complete and sign the declaration hereafter in
detail.
Declaration by Tenderer
1. I, the undersigned hereby declare and confirm that I am fully conversant with the Occupational Health
and Safety Act No 85 of 1993 (as amended by the Occupational Health and Safety Amendment Act No
181 of 1993), and the OHSA 1993 Construction Regulations 2003.
2. I hereby declare that my company has the competence and the necessary resources to safely carry out
the construction work under this contract in compliance with the Construction Regulations and the
Employer's Health and Safety Specifications.
3. I hereby confirm that adequate provision has been made in my tendered rates and prices in the Bill of
Quantities to cover the cost of all resources, actions, training and all health and safety measures
envisaged in the OHSA 1993 Construction Regulations 2003, including the cost of the specific items
listed in the tables hereafter.
(Tables to be completed by Tenderer)
TABLE 1: COST OF SAFETY PERSONNEL
PERSONNEL COSTS AS
ALLOWED IN TENDER
NOMINATED PERSON/S
Construction Supervisor
Construction Safety Officer
Health and Safety Representatives
Health and Safety Committee
TABLE 2: COST OF SAFETY EQUIPMENT
EQUIPMENT STATE
YES or NO
COST ALLOWED FOR IN TENDER
Hard hats
Safety boots
Harnesses
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T2.2-6
Gas detectors
Add items as per risk assessment:
4. I hereby undertake, if my tender is accepted, to provide, before commencement of the works under the
contract, a suitable and sufficiently documented Health and Safety Plan in accordance with Regulation
5(1) of the Construction Regulations, which plan shall be subject to approval by the Employer.
5. I confirm that copies of my company's approved Health and Safety Plan, the Employer's Safety
Specifications as well as the OHSA 1993 Construction Regulations 2003 will be provided on site and will
at all times be available for inspection by the Contractor's personnel, the Employer's personnel, the
Engineer and his Agents, visitors, and officials and inspectors of the Department of Labour.
6. I hereby confirm that I will be liable for any penalties that may be applied by the Employer in terms of the
said Regulations (Regulation 30) for failure on the Contractor's part to comply with the provisions of the
Act and the Regulations.
7. I agree that my failure to complete and execute this declaration to the satisfaction of the Employer will
mean that I am unable to comply with the requirements of the OHSA 1993 Construction Regulations
2003, and accept that my tender will be prejudiced and may be rejected at the discretion of the Employer.
SIGNATURE: .................................................................. DATE: .............……..................... (of person authorized to sign on behalf of the Tenderer)
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T2.2-7
2.2.5 CONTRACTOR’S SAFETY PLAN
[The Tenderer shall submit separately before commencement of the works his Health and Safety Plan as
required in terms of Regulation 5 of the Occupational Health and Safety Act 1993 Construction
Regulations 2003, and referred to in T2.1]
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T2.2-8
2.2.6 PROFORMA NOTIFICATION FORM IN TERMS OF THE OCCUPATIONAL HEALTH AND SAFETY ACT 1993,
CONSTRUCTION REGULATIONS, 2003
[This form must be completed and forwarded, prior to commencement of work on site, by all
Contractors that qualify in terms of Regulation 3 of the Construction Regulations 2003, to the office
of the Department of Labour]
1.
(a) Name and postal address of Contractor:
(b) Name of Contractor’s contact person:
Telephone number ......................................................................................................................
2. Contractor’s workman’s compensation registration number: …...........................................
3. (a) Name and postal address of client:
.................................................................................................................................................................
.................................................................................................................................................................
..................................................................................................................................................................
(b) Name of client’s contact person or agent: …..........................................................................
Telephone number: …. ...........................................................................................................
4. (a) Name and postal address of designer(s) for the project: .......................................................
(b) Name of designer's contact person: ..................................................................................….
Telephone number: ...........................................................................................................….
5. Name of Contractor’s construction supervisor on site appointed in terms of:
Regulation 6(1): ............................................................ Telephone number:..................................
1. Name/s of Contractor’s sub-ordinate supervisors on site appointed in terms of regulation 6(2):
………………………………………………………………………………………………………..
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T2.2-9
7. Exact physical address of the construction site or site office: ......................................................... .
8. Nature of the construction work: .....................................................................................................
9. Expected commencement date: ....................................................................................................
10. Expected completion date: .............................................................................................................
11. Estimated maximum number of persons on the construction site: ……………………….
12. Planned number of subcontractors on the construction site accountable to Contractor:....
13. Name(s) of subcontractors already chosen: ...................................................................................
SIGNED BY:
CONTRACTOR: ..............................……………….................. ..............................................................
DATE: ...............................................
CLIENT: .............................................................………………
DATE:................................................
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DECLARATION OF INTEREST MBD 4
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.
3.In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.
3.1 Full Name of bidder or his or her representative:…………………………………………….. 3.2 Identity Number: …………………………………………………………………………………. 3.3 Position occupied in the Company (director, trustee, hareholder²):……………………….. 3.4 Company Registration Number: ………………………………………………………………. 3.5 Tax Reference Number:………………………………………………………………………… 3.6 VAT Registration Number: …………………………………………………………………… 3.7 The names of all directors / trustees / shareholders members, their individual identity numbers and state employee numbers must be indicated in paragraph 4 below. 3.8 Are you presently in the service of the state? YES / NO 3.8.1 If yes, furnish particulars. ….……………………………………………………………………………………………………………………………………………………………………………………………………….. ¹MSCM 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; (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. ² Shareholder” means a person who owns shares in the company and is actively involved in the management of the company or business and exercises control over the company.
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3.9 Have you been in the service of the state for the past twelve months? ……… YES / NO 3.9.1If yes, furnish particulars .………………………...…………………………………………………………………………………. ……………………………………………………………………………………………. 3.10 Do you have any relationship (family, friend, other) with persons in the service of the state and who may be involved with the evaluation and or adjudication of this bid? ……………………… YES / NO 3.10.1 If yes, furnish particulars. ……………………………………………………………………………………………………………………………………………………………… 3.11 Are you, aware of any relationship (family, friend, other) between any other bidder and any persons in the service of the state who may be involved with the evaluation and or adjudication of this bid? YES / NO 3.11.1 If yes, furnish particulars ………………………………………………………………………………………………………………….……............................................................ 3.12 Are any of the company’s directors, trustees, managers, principle shareholders or stakeholders in service of the state? YES / NO 3.12.1 If yes, furnish particulars. ……………………………………………………………………………….………………………………………………………………………………. 3.13 Are any spouse, child or parent of the company’s directors trustees, managers, principle shareholders or stakeholders in service of the state? YES / NO 3.13.1 If yes, furnish particulars. ……………………………………………………………………………….………………………………………………………………………………. 3.14 Do you or any of the directors, trustees, managers, principle shareholders, or stakeholders of this company have any interest in any other related companies or business whether or not they are bidding for this contract. YES / NO 3.14.1 If yes, furnish particulars: ……………………………………………………………………………..……………………………………………………………………………..
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4. Full details of directors / trustees / members / shareholders. Full Name Identity Number State Employee Number
Full Name Identity Number State Employee Number
………………………………….. ……………………………….. Signature Date …………………………… …………………………… Capacity Name of Bidder
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MDB 6.1 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017
This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS,
DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017.
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 not exceeding R50 000 000 (all applicable taxes included); and
- the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included).
1.2 The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included) and therefore the 80/20 preference point system shall be applicable.
1.3 Preference points for this bid shall be awarded for:
(a) Price; and
(b) B-BBEE Status Level of Contribution.
1.4 The maximum points for this bid are allocated as follows:
POINTS
PRICE 80
B-BBEE STATUS LEVEL OF CONTRIBUTION 20
Total points for Price and B-BBEE must not exceed 100
1.5 Failure on the part of a bidder to submit a B-BBEE Verification Certificate from a Verification Agency
accredited by the South African Accreditation System (SANAS), or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or a sworn affidavit confirming annual turnover and level of black ownership in case of an EME and QSE together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.
1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.
2. DEFINITIONS
(a) “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment
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insurance fund contributions and skills development levies;
(b) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act;
(c) “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity based on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;
(d) “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 services, works or goods, through price quotations, advertised competitive bidding processes or proposals;
(e) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) as amended by Act No 46 of 2013;
(f) “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;
(g) “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;
(h) “contract” means the agreement that results from the acceptance of a bid by an organ of state;
(i) “EME” means an Exempted Micro Enterprise as defines by Codes of Good Practice issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);
(j) “Firm price” means 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 the 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;
(k) “functionality” means the measurement according to predetermined norms, as set out in the bid documents, of a service or commodity that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a bidder;
(l) “non-firm prices” means all prices other than “firm” prices;
(m) “person” includes a juristic person;
(n) “QSE” means a Qualifying Small Enterprise as defines by Codes of Good Practice issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act, 2003 ( Act No. 53 of 2003);
(o) “rand value” means the total estimated value of a contract in South African currency, calculated at the time of bid invitations, and includes all applicable taxes and excise duties;
(p) “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;
(q) “total revenue” bears the same meaning assigned to this expression in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007;
(r) “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; and
(s) “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.
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3. ADJUDICATION USING A POINT SYSTEM
3.1 The bidder obtaining the highest number of total points will be awarded the contract.
3.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into account all factors of non-firm prices and all unconditional discounts;.
3.3 Points scored must be rounded off to the nearest 2 decimal places.
3.4 In the event that two or more bids have scored equal total points, the successful bid must be the one scoring the highest number of preference points for B-BBEE.
3.5 However, when functionality is part of the evaluation process and two or more bids have scored equal points including equal preference points for B-BBEE, the successful bid must be the one scoring the highest score for functionality.
3.6 Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots.
4. POINTS AWARDED FOR PRICE
4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS
A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 or 90/10
min
min180
P
PPtPs or
min
min190
P
PPtPs
Where Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration Pmin = Comparative price of lowest acceptable bid 5. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTION
5.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:
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 6 14
4 5 12
5 4 8
6 3 6
7 2 4
8 1 2
Non-compliant contributor 0 0
5.2 A bidder who qualifies as an EME in terms of the B-BBEE Act must submit a sworn affidavit
confirming Annual Total Revenue and Level of Black Ownership.
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5.3 A Bidder other than EME or QSE must submit their original and valid B-BBEE status level verification certificate or a certified copy thereof, substantiating their B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS.
5.4 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits their B-BBEE status level certificate.
5.5 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate bid.
5.6 Tertiary Institutions and Public Entities will be required to submit their B-BBEE status level certificates in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice.
5.7 A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the intended sub-contractor is an EME that has the capability and ability to execute the sub-contract.
5.8 A person awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-contract.
6. BID DECLARATION
6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:
7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 5.1
7.1 B-BBEE Status Level of Contribution: = (maximum of 10 or 20 points)
(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or a sworn affidavit.
8. SUB-CONTRACTING
8.1 Will any portion of the contract be sub-contracted?
(Tick applicable box)
YES NO
8.1.1 If yes, indicate:
i) What percentage of the contract will be subcontracted............…………….…….…% ii) The name of the sub-contractor………………………………………………………….. iii) The B-BBEE status level of the sub-contractor......................................…………….. iv) Whether the sub-contractor is an EME.
(Tick applicable box)
YES NO
9. DECLARATION WITH REGARD TO COMPANY/FIRM
9.1 Name of company/firm:…………………………………………………………………………….
9.2 VAT registration number:……………………………………….…………………………………
9.3 Company registration number:…………….……………………….…………………………….
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9.4 TYPE OF COMPANY/ FIRM
Partnership/Joint Venture / Consortium
One person business/sole propriety
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. transporter, etc. [TICK APPLICABLE BOX]
9.7 MUNICIPAL INFORMATION
Municipality where business is situated: ….………………………………………………. Registered Account Number: …………………………. Stand Number:……………………………………………….
9.8 Total number of years the company/firm has been in business:……………………………
9.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that
the points claimed, based on the B-BBE status level of contribution indicated in paragraph 7 of the
foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge
that:
i) The information furnished is true and correct;
ii) The preference points claimed are 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 7, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;
iv) If the B-BBEE status level of contribution has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –
(a) disqualify the person from the bidding process;
(b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct;
(c) 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;
(d) restrict the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, from obtaining
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business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and
(e) forward the matter for criminal prosecution.
………………………………………. SIGNATURE(S) OF BIDDERS(S)
DATE: ………………………………….. ADDRESS ………………………………….. …………………………………..
…………………………………..
WITNESSES 1. ……………………………………..
2. …………………………………….
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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 5 Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? 6 (Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied). 7 The Database of Restricted Suppliers now resides on the National Treasury’s website (www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page.
Yes
No
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 of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page.
Yes
No
4.2.1 If so, furnish particulars:
4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years?
Yes
No
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4.3.1 If so, furnish particulars:
Item Question Yes No
4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months?
Yes
No
4.4.1 If so, furnish particulars:
4.5 Was any contract between the bidder and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract?
Yes
No
4.7.1 If so, furnish particulars:
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
1 This Municipal Bidding Document (MBD) must form part of all bids¹ invited.
2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds.
3 Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must provide measures for the combating of abuse of the supply chain management system, and must enable the accounting officer, among others, to:
a. take all reasonable steps to prevent such abuse;
b. reject the bid of any bidder if that bidder or any of its directors has abused the supply chain
management system of the municipality or municipal entity or has committed any improper conduct in relation to such system; and
c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act
during the bidding process or the execution of the contract.
4 This MBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging.
5 In order to give effect to the above, the attached Certificate of Bid Determination (MBD 9) must be completed and submitted with the bid:
¹ Includes price quotations, advertised competitive bids, limited bids and proposals.
² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.
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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.
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.
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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.
³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital,
efforts, skill and knowledge in an activity for the execution of a contract.
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
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2.2.9 CERTIFICATE FOR MUNICIPAL SERVICES AND PAYMENTS
FROM: _____________________________________________________________ (Name of Bidder)
FURTHER DETAILS OF BIDDER(S); DIRECTORS/SHAREHOLDERS/PARTNERS, ETC
TO: MUNICIPAL MANAGER, FURTHER DETAILS OF BIDDERS(S);
DIRECTORS/SHAREHOLDERS/PARNERS, ETC.
Directors/share
holders/Partner
Physical address of
the Business
Municipal
Account No.
Physical residential address
of the Director/ Shareholder/
Partner
Municipal
Account No.
NB: Please attach certified copy of ID document(s)
____________________ ______________
Signatory Date
Witnesses
1. _________________________ ________________ ______________
Full Names Signature Date
2. _________________________ ________________ ______________
Full Names Signature Date
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2.2.10 AUTHORIZATION FOR DEDUCTION OF OUTSTANDING AMOUNTS OWED TO COUNCIL
TO: MUNICIPAL MANAGER, FROM: ______________________________________________ (Name of the Bidder or Consortium)
I, ________________________________ the undersigned, hereby authorise the CITY OF MBOMBELA to
deduct the full amount outstanding by the business organisation/Director/Shareholder/Partner, etc. from any
payment due by us/me.
Signed at ________________________ Date_____ Month _______ 20_____
Print Name: ______________________
Signature: _______________________
Thus done and signed for and on behalf of the bidder/Contractor
____________________ ______________ Signatory Date Witnesses 1. _________________________ ________________ ______________ Full Names Signature Date 2. _________________________ ________________ ______________ Full Names Signature Date
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T2.2-26
A. COMPETENCE ACHIEVEMENT SCHEDULES
Refer to F3.11, Method 4. The tenderer is required to score a minimum no of points in the following Tables A1 to A4 to qualify to tender for this Contract. The number of points will be calculated according to Annexure SCM 29/2016 Grade 7 (See following page)
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T2.2-27
Annexure SCM 29/2016.
FUNCTIONALITY IMPLEMENTATION GUIDE FOR CONSTRUCTION RELATED PROJECTS
Grading Designation and Upper limit of tender value range
Company Experience / References
Plant and Equipment
Financial References Key Personnel Method Statement Minimum Threshold
Grade 2 – 4 R650 000 – R4 000 000
Max of 2 references Value of work as prescribed on section 12 (1) of the CIDB regulation, table 1 Max points: 50
Proof of ownership & Lease agreement: full points Max points: 25
Bank rating: C (stamped letter from the bank, not older than three months) Max points: 10
CV’s of key personnel and certified copies of relevant qualifications Max points: 15
Not applicable
50/100 points
Grade 5 – 6 R4 000 000 – R13 000 000
Max of 3 references Value of work as prescribed on section 12 (1) of the CIDB regulation, table 1 Max points: 50
Proof of ownership: full points Lease agreement: 50% Max points: 20
Bank rating: C (stamped letter from the bank, not older than three months) Audited financial statements (only applicable for R10 000 000 & above) & 10% guarantee from a registered financial service provider Max points: 15
CV’s of key personnel and certified copies of relevant qualifications Max points: 15
Not applicable
60/100 points
Grade 7 R13 000 000 – R40 000 000
Table A1: Max of 5 references Table A1 Value of work as prescribed on section 12 (1) of the CIDB regulation, table 1 Max points: 30
Table A4 Proof of ownership: full points Lease agreement: no points Max points: 15
Table A2 Bank rating: C (stamped letter from the bank, not older than three months) Audited financial statements (not older than 2 financial years) & 10% guarantee from a registered financial service provider Max points: 20
Table A3 CV’s of key personnel and certified copies of relevant qualifications Number of full-time qualified persons required as per table 4A of the CIDB regulations Max points: 15
Method approach (not lesser than 10 pages) Social Development Plan Report to be Submitted. Max points: 20
70/100 points
Grade 8 & 9 R40 000 000 and above
Min of 5 references Value of work as prescribed on section 12 (1) of the CIDB regulation, table 1 Max points: 30
Proof of ownership: full points Lease agreement: no points Max points: 15
Bank rating: C (stamped letter from the bank, not older than three months) Audited financial statements (not older than 2 financial years) & 10% guarantee from a registered financial service provider Max points: 20
CV’s of key personnel and certified copies of relevant qualifications Number of full-time qualified persons required as per table 4A of the CIDB regulations Max points: 15
Method approach (not lesser than 10 pages) Social Development Plan Max points: 20
80/100 points
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T2.2-28
TABLE A1: EXPERIENCE AND REFERENCE (Failure to submit will result in automatic disqualification)
TARGETED GOALS
(Attach certified copies of appointment letter
and completion certificate)
TENDERED GOAL
POINTS Claimed by
tenderer ALLOCATED POINTS
1
Project No.: Brief Description: Client: Reference Name and telephone number: Contract Value:
6
2
Project No.: Brief Description: Client: Reference Name and telephone number: Contract Value:
6
3
Project No.: Brief Description: Client: Reference Name and telephone number: Contract Value:
6
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4
Project No.: Brief Description: Client: Reference Name and telephone number: Contract Value:
6
5
Project No.: Brief Description: Client: Reference Name and telephone number: Contract Value:
6
SUB TOTAL: Max:
30
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T2.2-30
TABLE A2: FINANCIAL REFERENCES (Failure to submit will result in automatic disqualification)
TARGETED GOALS TENDERED
GOAL
POINTS Claimed by
tenderer
ALLOCATED POINTS
1
Tenderer submitted banking details:
5
and
2
Bank rating of “C” or higher Stamped letter from the Bank not older than 3 months.
5
plus
3
Audited financial statements (not older than 2 financial years)
5
4
Registered financial institution’s full details as guarantor in the amount of 10% as specified for surety purposes shall be submitted (Submit letter of intent)
5
SUB TOTAL: Max 20
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T2.2-31
TABLE A3: CONSTRUCTION TEAM KEY PERSONNEL (Failure to submit will result in automatic disqualification)
TARGETED GOALS
(Attach CV & Certified copies of qualifications
of nominated persons)
TENDERED GOAL
POINTS CLAIMED BY TENDERER
ALLOCATED POINTS
1
Safety officer with Level 1 First Aid qualification Name:
2
Or
2
Safety officer with Level 1 First Aid plus OSHA (Construction Regulation) qualification Name:
2
Plus
3
Site foreman has NQF 2 qualification (LIC) Name:
2
Plus
4
Site agent has NQF 5 qualification (LIC) Name:
3
Plus
5
Site agent has completed three similar bulk water projects in the past Name:
3
Plus
6
Full-time qualified person required as per table 4A of the CIDB regulations (Practice note 31)
5
SUB TOTAL:
Max: 15
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T2.2-32
TABLE A4: PLANT AND EQUIPMENT (Failure to submit will result in automatic disqualification)
Note: Proof of Ownership = 100% of points Proof of Lease = 50% of points
TARGETED GOALS
(All plant to be owned. Attach proof)
TENDERED GOAL
POINTS Claimed by
tenderer
ALLOCATED POINTS
1
Excavator 4
2
TLB 4
3
LDV 3
4
Truck 7 Ton minimum 2
5
Compactor 1
6
Transport vehicle 1
7
8
9
10
11
12
SUB TOTAL: Max:
15
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METHOD STATEMENT To be attached separately (Not less than 10 pages) SOCIAL DEVELOPMENT PLAN (Report to be submitted)
PHYSICAL ADDRESS OF BUSINESS …………………………………………………………………………………………………… …………………………………………………………………………………………………… …………………………………………………………………………………………………… ..…………………………………………………………………………………………………… In which Local Municipal area is the business located ……………..…………………………………………………………………………………….. Signature……………………………………………………………………………………… Name………………………………………………………………………………………. Duly authorised to sign on behalf of …………………………………………………………… Telephone.………………………………………………………………………………… Date.………………………………………………………………………………………
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T2.2-34
B. CALCULATION OF OVERALL TENDER EVALUATION POINTS
FUNCTIONALITY POINTS:
MA
XIM
UM
PO
INT
S T
O
BE
AL
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CA
TE
D
PO
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ED
BY
TE
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ER
AL
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CA
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PO
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CO
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GO
AL
S
TABLE A1: REPUTATION AND REFERENCES
30
TABLE A2: FINANCIAL REFERENCES
20
TABLE A3: CONSTRUCTION TEAM KEY PERSONNEL
15
TABLE A4: PLANT AND EQUIPMENT
15
Method approach and Social Development Plan 20
TOTAL
100
MINIMUM POINTS REQUIRED TO QUALIFY TO TENDE: 70
Qualify?
Yes / No
Note: Service providers are required to score a minimum no of points on functionality, as per Annexure SCM 29/2016, in order to be considered for further 80/20 evaluation. Failure to score minimum required will render the bid to be non-responsive.
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Supply Chain Policy using 90/10 Preference Point System
MA
XIM
UM
PO
INT
S T
O
BE
AL
LO
CA
TE
D
PO
INT
CL
AIM
ED
BY
TE
ND
ER
ER
AL
LO
CA
TE
D
PO
INT
S
PO
INT
S F
OR
PR
ICE
(90
PO
INT
S)
(a) SUB TOTAL
80
EQ
UIT
Y
PR
OM
OT
ION
S
GO
AL
S
(10
PO
INT
S)
(b) SUB TOTAL 20
(c) TOTAL 100
The undersigned, who warrants that he / she is duly authorised to do so on behalf of the firm or sole proprietor confirms that he / she understands the conditions under which such preferences are granted and confirms that the tenderer satisfies the conditions pertaining to the granting of tender preferences. Signature: ...............................................................................................................................………. Name : .......................................................................................................................................……… Duly authorized to sign on behalf of : ............................................................................................……… Date : ..................
(Authorized Person)
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T2.3-1
TABLE OF CONTENT 2.3.1 COMPULSORY ENTERPRISE QUESTIONARE
2.3.2 SCHEDULE OF PROPOSED SUB CONTRACTORS
2.3.3 PROPOSED AMENDMENTS, QUALIFICATIONS AND ALTERNATIVES
T2.3 OTHER FORMS, CERTIFICATES AND SCHEDULES REQUIRED FOR
TENDER EVALUATIONPUPROSES (FUNCTIONALITY)
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T2.3-2
2.3.1 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 in the service of the state
Indicate by marking the relevant boxes with a cross, if any sole proprietor, partner in a partnership or
director, manager, 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
a member of the board of directors of any
municipal entity
an official of any municipality or municipal
entity
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 an accounting authority of any
national or provincial public entity
an employee of Parliament or a provincial
legislature
If any of the above boxes are marked, disclose the following:
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
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T2.3-3
*insert separate page if necessary
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
a member of the board of directors
of any municipal entity
an official of any municipality or
municipal entity
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 an accounting authority of any
national or provincial public 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
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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; and
v. confirms that the contents of this questionnaire are within my personal knowledge and are to the best
of my belief both true and correct.
Signed Date
Name Position
Enterprise name
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T2.3-5
2.3.2 SCHEDULE OF PROPOSED SUBCONTRACTORS
We notify you that it is our intention to employ the following Subcontractors for work in this contract.
If we are awarded a 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.
We confirm that all Subcontractors who are contracted to construct a house are registered as home builders with the National Home Builders Registration Council.
Name and address of proposed Subcontractor
Nature and extent of work Previous experience with Subcontractor.
1.
2.
3.
4.
5.
Signed Date
Name Position
Tenderer
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2.3.3 PROPOSED AMENDMENTS, QUALIFICATIONS AND ALTERNATIVES
(This is not an invitation for amendments, deviations or alternatives but should the Tenderer desire to make any departures from the provisions of this contract he shall set out his proposals clearly hereunder. The Employer will not consider any amendment, alternative offers or discounts unless forms (a), (b) and (c) have been completed to the satisfaction of the Employer). I / We herewith propose the amendments, alternatives and discounts as set out in the tables below: (a) AMENDMENTS
PAGE, CLAUSE OR
ITEM NO
PROPOSED AMENDMENT
Notes: (1) Amendments to the General and Special Conditions of Contract are not acceptable; (2) The Tenderer must give full details of all the financial implications of the amendments and
qualifications in a covering letter attached to his tender.
(b) ALTERNATIVES
PROPOSED ALTERNATIVE
DESCRIPTION OF ALTERNATIVE
Notes: (1) Individual alternative items that do not justify an alternative tender, and an
alternative offer for time for completion should be listed here.
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(2) In the case of a major alternative to any part of the work, a separate Bill of Quantities, programme, etc, and a detailed statement setting out the salient features of the proposed alternatives must accompany the tender.
(3) Alternative tenders involving technical modifications to the design of the works and methods of construction shall be treated separately from the main tender offer.
(c) DISCOUNTS
ITEM ON WHICH DISCOUNT IS OFFERED
DESCRIPTION OF DISCOUNT OFFERED
Note: The Tenderer must give full details of the discounts offered in a covering letter attached to his
tender, failing which, the offer will be prejudiced. SIGNATURE: ..............................................………….....… DATE: ……………..................... (of person authorized to sign on behalf of the Tenderer)
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T2.4-1
TABLE OF CONTENT
2.4.1 COMPLIANCE WITH OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 AND
CONSTRUCTION REGULATIONS, 2003
2.4.2 COMPLIANCE WITH OHSA (ACT 85 OF 1993)
2.4.3 SCHEDULE OF LABOUR CONTENT
2.4.4 SCHEDULE OF LOCAL LABOUR CONTENT
2.4.5 EMPLOYMENT OF ABE’s
2.4.6 GENERIC TRAINING
2.4.7 ENTREPRENEURIAL TRAINING
2.4.8 FORM OF INTENT TO PROVIDE A PERFORMANCE GUARANTEE
T2.4 OTHER FORMS, CERTIFICATES AND SCHEDULES REQUIRED
FOR TENDER EVALUATION PURPOSES
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T2.4-2
2.4.1 COMPLIANCE WITH OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 AND CONSTRUCTION REGULATIONS, 2003
The tenderer shall attach to this Form evidence that he is registered and in good standing with a compensation
insurer who is approved by Department of Labour in terms of section 80 of the Compensation for Injury and
Disease Act (COID) (Act 130 of 1993).
The tenderer is required to disclose, by also attaching documentary evidence to this form, all inspections,
investigations and their outcomes conducted by the Department of Labour into the conduct of the tenderer at
any time during the 36 months preceding the date of this tender.
SIGNED ON BEHALF OF THE TENDERER: ...............................................................................
Note to tenderer:
Discovery that the tenderer has failed to make proper disclosure may result in CLIENT terminating a contract that flows from this tender on the ground that it has been rendered invalid by the tenderers misrepresentation.
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2.4.2 COMPLIANCE WITH OHSA (ACT 85 OF 1993)
Bidders are required to satisfy the Employer and the Engineer as to their ability and available resources to
comply with the above by answering the following questions and providing the relevant information required
below.
1. Is the Contractor familiar with the OHSA (ACT 85 of 1993) and its
Regulations?
YES / NO
2. Who will prepare the Contractor’s Health and Safety Plan? (Provide a copy of the person/s curriculum vitae/s or company profile).
3. Does the Contractor have a health and safety policy? (If yes, provide a copy). How is this policy communicated to all employees?
YES / NO
4. Does the Contractor keep records of safety aspects of each construction site? If yes, what records are kept
YES / NO
5. Does the Contractor conduct monthly safety meetings? If yes, who is the chairperson of the meeting, and who attend these meetings?
YES / NO
6. Does the Contractor have a safety officer in his employment, responsible for the overall safety of his company?
If yes, please explain his duties and provide a copy of his CV.
YES / NO
7. Does the Contractor have trained first aid employees? If yes, indicate, who.
YES / NO
8. Does the Contractor have a safety induction-training programme in place? (If yes, provide a copy)
YES / NO
Signature of Bidder: ……………………………………………………
Date: …………………………………
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T2.4-4
2.4.3 FORM OF INTENT TO PROVIDE A PERFORMANCE GUARANTEE The Tenderer must attach hereto a letter from the bank or institution with whom he has made the necessary arrangements, to the effect that the said bank or institution will be prepared to provide the required performance guarantee when asked to do so.
PRO-FORMA FOR A PERFORMANCE GUARANTEE
PERFORMANCE GUARANTEE
Employer: (Name and Address) ………………………………………………………………………………
………………………………………………………………………………………………………………………
Contract No: ………………………………………………
(Contract title) ……………………………………………………………………………………………………..
WHEREAS ……………………………………………………………………………………………………..
(Hereinafter referred to as “ the Employer”) entered into, a Contract with
……………………………………………………………………………………………………………………….
(Hereinafter called “the Contactor”) on the …...day of ……………….……………. 20…
for the construction of (Contract Title)
……………………………………………………………………………………………………………………… at ……………………………………………………………………………………………………………... AND WHEREAS it is provided by such Contract that the Contractor shall provide the Employer with security by
way of a guarantee for the due and faithful fulfilment of such Contract by the Contractor;
AND WHEREAS ………………………………………………………………….. (Hereinafter referred to as “the
Guarantor”) Has/have at the request of the Contractor, agreed to give such guarantee;
NOW THEREFORE WE, ………………………………………………………………………………………..
Do hereby guarantee and bind ourselves jointly and severally as Guarantor and Co-principal Debtors to the
Employer under renunciation of the benefits of division and exclusion 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 authorized and/or contemplated by the terms of the said Contract,
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T2.4-5
and/or to agree to any modifications, variations, alterations, directions or extensions of the
Completion Data 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
Completion Date which the Employer may make, give, concede or agree to under the said Contract.
2. This guarantee shall be limited to the payment of a sum of money
3. The Employer shall be entitled, without reference to us, to release any guarantee held by it, and to
give time to or compound or make any other arrangement with the Contractor.
However, upon receipt by us of an authenticated copy of the Certificate of Completion in terms of
the Contract, the amount of liability shall be reduced by 50%, which shall be in force until the issue
of the Final Approval Certificate at expiry of the Defects Liability Period
4. 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.
5. Our total liability hereunder shall not exceed the sum of
………………………………………………………………………………………………………...
…………………………………………………………………………………………… (in words)
R ……………………………………………………………………………………….. (in figures)
(10 % of the tender sum) which amount I/we agree to hold at your disposal.
6. The Guarantor reserves the right to withdraw from this guarantee by depositing the Guaranteed Sum
with the beneficiary, whereupon the Guarantor’s liability hereunder shall cease.
I/We declare that I/we, on behalf of the Guarantor, waive the legal exceptions available to a guarantor and undertake to pay the said amount or such portion thereof as may be demanded, immediately on receipt of a written demand from you.
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A certificate under your hand shall be sufficient and satisfactory evidence as to the amount of the
Guarantor's liability for the purpose of enabling provisional sentence or any similar relief to be
obtained against the Guarantor.
This guarantee is neither negotiable nor transferable, and must be surrendered to the Guarantor in
the event of the full amount of the Guarantee being paid to the Employer.
7. I/We hereby choose our address for the serving of all notices for all purposes arising here from as
………………………………………………………………………………………………………...
………………………………………………………………………………………………………..
IN WITNESS WHEREOF this guarantee has been executed by us at …………………………………….
On this ………………………………………… day of …………….………………………………… 20..........
As witnesses: 1. …………………………………………..… Signature ...……………...……………………………….. 2. …………………………………………….. . Signature ………………………………………………….
Duly authorized to sign on behalf of (Guarantor) ……………………………………………………………
Address …………………………………………………...
………………………………………………… ……………………………………………………
END OF SECTION
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 2: CONTRACT
AGREEMENT AND CONTRACT DATA ……………………………………………………………
PRICING DATA ………………………………………………………………………………………..
SCOPE OF WORKS ………………………………………………………………………………….
SITE INFORMATION ……………………………………………………………………………..
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PART C1: AGREEMENT AND CONTRACT DATA
C1.1 SAFETY AGREEMENT ……………………………………………………………….. C1-1
C1.2 FORM OF OFFER AND AGREEMENT ………………………………………...…… C1-9
C1.3 FORM GUARANTEE ………………………………………………………………… C1-14
C1.4 AGREEMENT WITH ADJUDICATOR ……………………………………………... C1-18
C1.5 CONTRACT DATA …………………………………………………………………… C1-20
END OF SECTION
Bid No 158/2016 Part C1: Agreements and Contract Data Title Page
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 2: CONTRACT
Section C1.1
Safety Agreement
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
C1.1: SAFETY AGREEMENT
MEMORANDUM OF AGREEMENT CONCLUDED BY AND BETWEEN: CITY OF MBOMBELA
(HEREINAFTER REFERRED TO AS THE MUNICIPALITY)
Herein represented by …………………………………………………………………………………………
in his capacity as: ………………………………………………………………………………………………
of the Municipality, he being duly authorised thereto
and
………………………………………………………………………………………………………………………
(Hereinafter referred to as the Mandatory)
Herein represented by …………………………………………………………………………………………...
in his capacity as …………………………………………………………………………………………………
of the Mandatory, he being duly authorised thereto
WHEREAS:
1. The Municipality and the Mandatory entered into a written, alternatively oral agreement on the…………..Day
of …………………………………20………….. in terms of which the Mandatory undertook to carry out the
following work for the Municipality , viz. (give a short description of the type of contract work to be done as
well as the address where work will be done)
…………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………
(The said contract work is hereinafter referred to as the Work)
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2. The Occupational Health and Safety Act, Act 85 of 1993 as amended (hereinafter referred to as the Act)
contains amongst others certain provisions with regard to the health and safety of people at work and in
connection with the usage of plant and machinery, as well as the protection of other persons than persons
at work against hazards to health and safety that originates from or in connection with the activities of
persons at work.
3. Section 37(2) of the Act makes provision for the exclusion by the parties, by way of a written agreement, of
supposition and accompanying liability of the Municipality as stipulated in section 37(1) of the Act.
4. The parties have reached consensus with regard to the terms and conditions to which they agree in terms of
the provisions of section 37(2) of the Act.
NOW THEREFOR THE PARTIES AGREE AS FOLLOWS
1. WRITTEN AGREEMENT
The parties herewith agree in terms of section 37(2) of the Act on the arrangements and procedures that
must be followed to ensure compliance with the provisions of the Act by the Mandatory.
2. ACKNOWLEDGEMENT BY THE MANDATORY
The mandatory acknowledge herewith that he is fully acquainted with the contents of the Act, as well as
with all regulations and SABS codes of practice that have been made in terms of section 43 of the Act.
3. UNDERTAKING BY MANDATORY
(a) The Mandatory hereby undertakes and binds himself to the Municipality to ensure prompt and strict
compliance with the provisions of the Act and the said regulations as well as with the provisions
included in this Safety Agreement at all times during the execution of the Works
(b) It is hereby recorded that the provisions of this Safety Agreement as set out hereinafter are in no way
intended to restrict the duties of the Mandatory, nor to exempt the Mandatory from his obligation in
accordance with the Act and the said regulations
4. PERSONAL PROTECTIVE EQUIPMENT
(a) It is compulsory to wear equipment for eye protection when working in an eye protection zone or where
the Work requires eye protection.
(b) It is compulsory to wear safety helmets when working in a safety helmet zone or where the Work
requires safety helmets.
(c) It is compulsory to wear hearing protection when working in a noise zone or where the Work requires
hearing protection.
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(d) The wearing of other protective clothing and equipment as prescribed by the Occupational Health and
Safety Officer of Nelspruit Municipality is compulsory.
(e) The Mandatory shall ensure that the statutory requirements are complied with at all times.
5. FENCING AND GENERAL MACHINERY PROTECTION
No shield or fencing may be removed from or be moved at any machinery or installation without written
permission.
6. SCAFFOLDING, LADDERS, TOOLS, ET CETERA
The Mandatory without the written permission of the Municipality may use no equipment or tools that
belong to the Municipality.
Except where agreed beforehand the Mandatory shall provide enough tools and equipment to enable him
to complete the Works and the Mandatory shall provide all storerooms, offices and eating halls that he may
need. The Mandatory will be responsible for all his material on site.
In special case where the Municipality may lend equipment, tools or materials to the Mandatory, the
Mandatory will use such equipment, tools and/or materials at his own risk and the Mandatory herewith
indemnifies the Municipality against any liability of whichever nature or from any cause whatsoever,
whether direct or indirect, that may arise from such usage.
7. SERVICES AND WORKING METHODS
The written permission of the Chief Executive/Town Clerk of the Municipality shall be obtained where any
work which must be undertaken by the Mandatory is connected with a working process or machinery or any
other service in connection therewith, or may possibly affect it, before he commences with such work.
Approval shall be obtained from the client Electrical Engineer of the Municipality before any equipment is
connected to the electrical supply of the Municipality All equipment shall be isolated before any equipment
is connected to the electrical supply of the Municipality. It shall be isolated and be provided with earth
leakage protection. Electrical machinery, portable electrical tools and portable lights must comply with the
requirements of the applicable regulations.
Work permits must be issued in terms of the Occupational Health and Safety Act and Regulations when the
nature of the work requires it. Permits must be issued by the relevant departmental head where necessary.
8. EXCAVATIONS
Written permission for excavations shall be obtained from the City Engineer of the Municipality and the
Mandatory shall make sure of the existence and position of electrical cables, discharge pipes, gas lines,
water conduits, et cetera before he commences with any excavation work.
All excavations and obstructions and/or any openings in platforms or floors shall be enclosed in a
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safe way and warning notices shall be erected to ensure absolute safety. An adequate number of red or
orange caution lights shall be provided when it is dark or should bad light prevail.
The area surrounding excavations shall be kept in a safe, orderly and tidy condition. No loose material of
whatever nature may be left in walkways or workplaces or be allowed to block walkways or workplaces.
Nobody may enter into any restricted area in which hazardous fumes or a shortage of oxygen exists
without a permit giving permission to do so, issued by the head of the relevant department of the
Municipality and until it has been certified safe for entrance by the Occupational Health and Safety Officer
and the Health Inspector of the Municipality.
9. RESTRICTION TO WORKPLACE
Employees of the Mandatory shall be restricted to their workplaces except when they have to leave their
area for work purposes or when they visit toilets.
10. SUBCONTRACTORS
The Mandatory shall ensure that all subcontractors receive a copy of this safety agreement and must
ensure they comply with it.
11. OCCUPATIONAL HEALTH AND SAFETY OFFICER AND THE REPORTING OF ALL ACCIDENTS
The Occupational Health and Safety Officer of the Municipality is available for consultation and he will
make periodical visits to the workplace of the Mandatory. Any hazardous occurrence or incident to the
employees of the Mandatory that results in absence from work for a period longer than three days shall be
reported in writing to the Occupational Health and Safety Officer of the Municipality within forty eight hours
as well as to the Department of Labour as specified by the Act. Every user, employer, occupier, builder or
excavator must, under this Act, keep record of all accidents that occur.
In the case of an accident that results in loss of life, nobody may disturb the scene of the accident or any
articles involved in the accident prior to the arrival of the Occupational Health and Safety Officer and the
Inspector, unless it is to prevent another accident from happening or the prevention of loss of life or to
remove corpses.
The Occupational Health and Safety Officer will issue contravention notices to the Mandatory or a sub-
contractor when there is a noncompliance and will specify the time in which it must be rectified.
The Occupational Health and Safety Officer will issue work stop notices to the Mandatory or sub-contractor
whenever he is of the opinion that the health and safety of any person at work is threatened or that the
contravention notices are not adhered to.
12. FIRST AID
Where five or more persons are employed at a workplace, the Mandatory shall provide and
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maintain an adequately equipped first-aid box that meets the following requirements.
(a) Every first-aid box shall contain the minimum contents as prescribed by the Occupational Health and
Safety Act.
(b) Nothing except articles and equipment required for first-aid purposes may be kept in the first-aid box.
(c) Each first-aid box shall be kept in a place readily accessible in case of an accident.
All first-aid boxes shall be placed under control of a responsible person except where five or less persons
are at work. The responsible person must be in the possession of a valid first-aid certificate issued by one
of the following organisations:
A South-African Red Cross Society
B St. John’s Ambulance Foundation
C South-African First-Aid League
A notice indicating where the first-aid box is kept as well as the name of the person in charge, shall be
affixed in a conspicuous place. The first-aid facilities of the Municipality may be used during emergencies.
13. FIRE PREVENTION MEASURES AND STORAGE OF FLAMMABLE MATERIAL
The Fire department of the Municipality shall be notified before any welding, oxyacetylene welding, cutting,
burning of paint or tar from floors or roofs is undertaken so that the necessary fire prevention measures can
be arranged. All “NO SMOKING AND OPEN SURFACE FIRES/LIGHTS PROHIBITED” notices shall be
adhered to. The Mandatory and his senior employee shall acquaint themselves and their fellow workers
with the fire prevention measures of the Municipality, which will also include fire alarm notices and exits in
case of fire, and they shall ensure that these rules are strictly complied with.
14. COMPLETION OF WORK
Before the mandatory or his sub-contractors leaves the site they shall inform the Head of the relevant
Department of the Municipality and obtain his/her written approval that the work has been completed
satisfactory and that the site of the work is left in a good condition.
15. SALVAGED MATERIAL AND EQUIPMENT
Any building demolished or equipment or materials that are salvaged whilst carrying out the work shall
remain the property of the Municipality, unless the contract specifically provides otherwise.
16. BREAKING OF THESE RULES AND POOR CONDUCT
The Mandatory is warned that no behaviour that causes danger to their own employees, to the employees of the Municipality or general public will be tolerated. The Occupational Health and Safety Officer of the Municipality reserves the right of the withdrawal of any employees of the Mandatory or Municipality from the premises in the case of any default or breach of the
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agreement and to order that the completion of the work be stayed, pending compliance with this
agreement; alternatively to cancel the agreement referred to in par.2 in which event the Municipality will be
entitled to appoint an alternative contractor to complete the work and recover the costs thereof from the
mandatory, without prejudice to any alternative or additional right or action or remedy to the Municipality, to
recover from the mandatory damages for the default or breach and the cancellation.
The senior employees of the Mandatory shall sign a note of acknowledgement of this safety agreement to
certify that they have received the regulations as included herein and that they understand the regulations
17. INTOXICATION
Nobody that is in a state of intoxication or that is in any other condition that causes or may cause his/her
incapability to control him/herself or persons under his control may and shall not be permitted on the
premises of the Municipality. The Occupational Health and Safety Officer of the Municipality reserve the
right to the withdrawal of any employees of the Mandatory or Municipality from the premises in the case of
any transgression of this nature.
18. CONFIDENTIALLY
The Mandatory shall at all times treat data and information that have been made known to him or that he
requires in connection with his work from the Municipality as confidential and he may not make
unauthorised use thereof. He must also ensure that such data and information are not communicated to
anybody else that is not an employee of the Mandatory without obtaining prior written approval from the
Municipality and he must further ensure that such persons do in fact know that the said information is
confidential and that they are obliged to treat it as such.
The Mandatory shall provide for adequate physical protection for any confidential documents, sketches, et
cetera that he receives from the Municipality in connection with the work as well as for any copies thereof
that he makes. He shall hand back all documents sketches and copies thereof to the Municipality upon
completion of the work, or earlier, if so requested by the Municipality. The Mandatory shall inform the
Municipality immediately should any such documents or sketches become lost.
19. INDEMNIFICATION BY THE MANDATORY
The following conditions will be applicable to the Mandatory:
(a) The Mandatory is liable and herewith indemnifies the Municipality irrevocably and in full against any
claim for loss or damage to property or arising from death or injury of any person and any associated
loss or damage suffered, and against all lawsuits, claims, demands, costs, expenses, and charges that
may arise when the said occurrences are caused on purpose or through the negligence, violation of
legal obligations or failure by the Mandatory or its employees.
(b) Whenever any of the employees of the Municipality is busy with work to, or with the supply of material
that will be used during the execution of the work by the Mandatory, or otherwise
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(c) busy with work under the instruction and supervision of the Mandatory, in as far as they may be
negligent or fail to do their duty, they will be regarded as employees of the Mandatory
(d) All installations, equipment, hoisting-apparatus and other implements, scaffolding, ladders, material, et
cetera that are borrowed from the Municipality by the Mandatory for usage during the execution of the
work, will be used entirely at the risk of the Mandatory or employees of the Mandatory and the
Mandatory herewith indemnifies the Municipality irrevocably and in full against any liability that may
arise from such usage.
20. AMENDMENTS MUST BE IN WRITING
The parties agree herewith that this safety agreement is the only safety agreement between them and that
no amendment thereof will be valid unless it is in writing and signed by both parties.
21. JURISDICTION AND LEGAL COSTS
In the event of any legal action being instituted pertaining to the this agreement the party in default or
breach will be liable for the other party’s legal costs on the scale as between attorney and own client and
the parties consent to the jurisdiction of the magistrate’s court for purpose of any legal action being
instituted.
PARTICULARS OF THE MANDATORY
Name (Mandatory): ………………………………………………………………………………...
C.E.O. (Section 16(1)): ……………………………...………………………………..………………..
ID NO: ………………………………………………..…………………..…………..
Designation: ……………………………………………....………………………………..
Name of Business: ………………………………………………………………………………..
Address of Business: ………………………..………………………………………………………
………………………………………………………………………………..
………………………………………………………………………………..
Tel number: …………………. Cel No: ……………………. E-mail: ……………………..………… Number of employees employed: ……………………………. Registration number as allocated to the Mandatory by the Workman’s Compensation Commissioner …………………………………………………………………….. Date allocated: ………………………………………………….
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Thus done and signed on this ……………..………. day of ………………………..…………. 20………… As witnesses: ……………………………………(Signature) ……………………………………. (Name in print) ……………………………………(Signature) ……………………………………. (Name in print) ……………………………………(Signature) ……………………………………. (Name in print) THE MANDATORY Thus done and signed on this ……………..………. day of ………………………..…………. 20………… As witnesses: ……………………………………(Signature) ……………………………………. (Name in print) ……………………………………(Signature) ……………………………………. (Name in print) ……………………………………(Signature) ……………………………………. (Name in print) THE MUNICIPALITY Acknowledgement of receipt of the agreement: ………………………………… THE MANDATOR
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
C1.2: FORM OF OFFER AND ACCEPTANCE
OFFER
The TENDERER is to complete and sign the Form of Offer
The Employer, Identified in the Acceptance signature block, has solicited offers to enter into a contract in
respect of the following works;
Upgrading of the Matsafeni Northern Outfall Sewer: Bid No: 158/2016
The Tenderer, identified in the Offer signature block below, has examined the documents listed in the Tender
Data and addenda thereto as listed in the Tender Schedules, and by submitting this Offer has accepted the
Conditions of Tender.
By the representative of the Tenderer, deemed to be duly authorized, signing this part of this Form of Offer and
Acceptance, the Tenderer offers to perform all of the obligations and liabilities of the Contractor under the
Contract including compliance with all its terms and conditions according to their true intent and meaning for an
amount to be determined in accordance with the Conditions of Contract identified in the Contract Data.
THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS
Rand (in words); R (in figures),
This offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and
Acceptance and returning one copy of this document to the Tenderer before the end of the period of validity
stated in the Tender Data, whereupon the Tenderer becomes the party named as the Contractor in the
Conditions of Contract identified in the Contract Data.
Signature(s): …………………..………….…….. …….…………..….………………..
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Name(s): ………………….…………..…….. …….…………….………..………..
Capacity: ………………….………….….….. …….…………….…..……………..
For the Tenderer: ………………….………….………………………….…………….…….………..
(Name and address of organization)
Name and
signature
of witness: ………………….…………..…….. Date: …….…………….……….…
ACCEPTANCE
The EMPLOYER will complete and sign the form of Acceptance
By signing this part of the Form of Offer and Acceptance, the Employer identified below accepts the Tenderer’s
Offer. In consideration thereof, the Employer shall pay the Contractor the amount due in accordance with the
Conditions of Contract identified in the Contract Data. Acceptance of the Tenderer’s Offer shall form an
agreement between the Employer and the Tenderer upon the terms and conditions contained in this Agreement
and in the Contract that is the subject of this Agreement.
The terms of the contract are contained in
Part 1 Agreement and Contract Data, (which includes this Agreement)
Part 2 Pricing Data
Part 3 Scope of Work
Part 4 Site Information
and drawings and documents or parts thereof, which may be incorporated by reference into Parts 1 to 4 above.
Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in
the Tender Schedules as well as any changes to the terms of the Offer agreed by the Tenderer and the
Employer during this process of offer and acceptance, are contained in the Schedule of Deviations attached to
and forming part of this Agreement. No amendments to or deviations from said documents are valid unless
contained in this Schedule, which must be duly signed by the authorized representative(s) of both parties.
The Tenderer shall within two weeks after receiving a completed copy of this Agreement, including the Schedule of Deviations (if any), contact the employer’s agent (whose details are given in the Contact Data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the Conditions of Contract identified in the Contract Data at,
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or just after, the date of this Agreement comes into effect. Failure to fulfill any of these obligations in accordance
with those terms shall constitute a repudiation of this Agreement.
Notwithstanding anything contained herein, this Agreement comes into effect on the date when the Tenderer
receives one fully completed original copy of this document, including the Schedule of Deviations (if any).
Unless the Tenderer (now the Contractor) within five days after the date of such receipt notifies the Employer in
writing of any reason why he cannot accept the contents of this Agreement, this Agreement shall constitute
binding contract between the parties,
Signature(s): …………………..………….…….. …….…………..….………………..
Name(s): ………………….…………..…….. …….…………….………..………..
Capacity: ………………….………….….….. …….…………….…..……………..
For the Employer: ………………….………….………………………….…………….…….………..
(Name and address of organization)
Name and
signature
of witness: ………………….…………..…….. Date: …….…………….……….…
SCHEDULE OF DEVIATIONS
Notes:
1. The extent of deviations from the tender documents issued by the employer prior to the tender closing
date is limited to those permitted in terms of the Conditions of Tender,
2. A Tenderer’s covering letter shall not be included in the final contract document. Should any matter in
such letter, which constitutes a deviation as aforesaid become the subject of agreements reached
during the process of offer and acceptance, the outcome of such agreement shall be recorded here,
3. Any other matter arising from the process of offer and acceptance either as a confirmation, clarification
or change to the tender documents and which it is agreed by the Parties becomes an obligation of the
contract shall also be recorded here,
4. Any change or addition to the tender documents arising from the above arrangements and recorded
here shall also be incorporated into the final draft of the Contract,
1. Subject
Details
2. Subject
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Details
3. Subject
Details
4. Subject
Details
5. Subject
Details
6. Subject
Details
7. Subject
Details
8. Subject
Details
By the duly authorized representatives signing this Schedule of Deviations, the Employer and the Tenderer
agree to and accept the foregoing Schedule of deviations as the only deviations from and amendments to the
documents listed in the Tender Data and addenda thereto as listed in the Tender Schedules, as well as any
confirmation, clarification or change to the terms of the offer agreed by the Tenderer and the Employer during
the 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 and signed copy of
this Agreement shall have any meaning or effect in the contract between the parties arising from this
Agreement.
For the Tenderer:
Signature(s): …………………..………….…….. …….…………..….………………..
Name(s): ………………….…………..…….. …….…………….………..………..
Capacity: ………………….………….….….. …….…………….…..……………..
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………………….………….………………………….…………….…….………..
………………….………….………………………….…………….…….………..
(Name and address of organization)
Name and
signature
of witness: ………………….…………..…….. Date: …….…………….……….…
For the Employer:
Signature(s): …………………..………….…….. …….…………..….………………..
Name(s): ………………….…………..…….. …….…………….………..………..
Capacity: ………………….………….….….. …….…………….…..……………..
………………….………….………………………….…………….…….………..
(Name and address of organization)
Name and
signature
of witness: ………………….…………..…….. Date: …….…………….……….…
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
(To be supplied on the Official letterhead of "The Bank/Company”)
C1.3 FORM OF GUARANTEE
GUARANTOR DETAILS AND DEFINITIONS
“Guarantor” means: ….…………………………………………………………………………………….……..
Physical address: ….………………………………………………………………………………………....…..
“Employer”: means: City of Mbombela
“Contractor” means: .……………………………………………………………………………………………..
“Engineer” means: Bigen Africa Services (Pty) Ltd
“Works” means: Bid No 158/2016
“Site” means: …………………………………………………………………………………………..…………
“Contract” means: The Agreement made in terms of the Form of Offer and Acceptance and such amendments
or additions to the Contract as may be agreed in writing between the parties.
“Contract Sum” means: The accepted amount inclusive of tax of R …………………………..……………
Amount in words: ………………………………………………………………………………………….……...
“Guaranteed Sum” means: The maximum aggregate amount of R ………………………………….……..
Amount in words: ………………………………………………………………………………………..………..
“Expiry Date: means date on which the Certificate of Completion of the Works has been issued.
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CONTRACT DETAILS
Engineer issues: Interim Payment Certificates, Final Payment Certificate and the Certificate of Completion of the
Works as defined in the Contract.
PERFORMANCE GUARANTEE
1. The Guarantor’s liability shall be limited to the amount of the Guaranteed Sum.
2. The Guarantor’s period of liability shall be from and including the date of issue of this Performance
Guarantee and up to and including the Expiry Date or the date of issue by the Engineer of the
Certificate of Completion of the Works or the date of payment in full of the Guaranteed Sum, whichever
occurs first.
3. The Guarantor hereby acknowledges that:
3.1. any reference in this Performance Guarantee to the Contract is made for the purpose of
convenience and shall not be construed as any intention whatsoever to create an accessory
obligation or any intention whatsoever to create a surety ship;
3.2. its obligation under this Performance Guarantee is restricted to the payment of money.
4. Subject to the Guarantor’s maximum liability referred to in 1, the Guarantor hereby undertakes to pay
the Employer the sum certified upon receipt of the documents identified in 4.1 and 4.3:
4.1. A copy of a first written demand issued by the Employer to the Contractor stating that payment of
a sum certified by the Engineer in an interim or Final Payment Certificate has not been made in
terms of the Contract and failing such payment within seven (7) calendar days, the Employer
intends to call upon the Guarantor to make payment in terms of 4.2;
4.2. A first written demand issued by the Employer to the Guarantor at the Guarantor’s physical
address with a copy to the Contractor stating that a period of seven (7) days has elapsed since
the first written demand in terms of 4.1 and the sum certified has still not been paid;
4.3. A copy of the aforesaid payment certificate which entitles the Employer to receive payment in
terms of the Contract of the sum certified in 4.
5. Subject to the Guarantor’s maximum liability referred to in 1, the Guarantor undertakes to pay to the Employer the Guaranteed Sum or the full outstanding balance upon receipt of a first
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written demand from the Employer to the Guarantor at the Guarantor’s physical address calling up this
Performance Guarantee, such demand stating that:
5.1. The Contract has been terminated due to the Contractor‘s default and that this Performance
Guarantee is called up in terms of 5; or
5.2. a provisional or final sequestration or liquidation court order has been granted against the
Contractor and that the Performance Guarantee is called up in terms of 5; and
5.3. the aforesaid written demand is accompanied by a copy of the notice of termination and/or the
provisional/final sequestration and/or the provisional liquidation court order.
6. It is recorded that the aggregate amount of payments required to be made by the Guarantor in terms of
4 and 5 shall not exceed the Guarantor’s maximum liability in terms of 1.
7. Where the Guarantor has made payment in terms of 5, the Employer shall upon the date of issue of the
Final Payment Certificate submit an expense account to the Guarantor showing how all monies
received in terms of this Performance Guarantee have been expended and shall refund to the
Guarantor any resulting surplus. Al monies refunded to the Guarantor in terms of the Performance
Guarantee shall bear interest at the prime overdraft rate of the Employer’s bank compounded monthly
and calculated from the date payment was made by the Guarantor to the Employer until the date of
refund.
8. Payment by the Guarantor in terms of 4 or 5 shall be made within seven (7) calendar days upon receipt
of the first written demand to the Guarantor.
9. Payment by the Guarantor in terms of 5 will only be made against the return of the original Performance
Guarantee by the Employer.
10. The Employer shall have the absolute right to arrange his affairs with the Contractor in any manner
which the Employer may deem fit and the Guarantor shall not have the right to claim his release from
this Performance Guarantee on account of any conduct alleged to be prejudicial to the Guarantor.
11. The Guarantor chooses the physical address as stated above for the service of all notice for all
purposes in connection herewith.
12. This Performance Guarantee is neither negotiable nor transferable and shall expire in terms of 2, where
after no claims will be considered by the Guarantor. The original of this Guarantee shall be returned to
the Guarantor after it has expired.
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13. This Performance Guarantee, with the required demand notices in terms of 4 or 5, shall be regarded as
a liquid document for the purposes of obtaining a court order.
14. Where this Performance Guarantee is issued in the Republic of South Africa the Guarantor hereby
consents in terms of Section 45 of the Magistrate’s Courts Act No 32 of 1944, as amended, to the
jurisdiction of the Magistrate’s Court of any district having jurisdiction in terms of Section 28 of the said
Act, notwithstanding that the amount of the claim may exceed the jurisdiction of the Magistrate’s Court.
Signed at: …………………………………………………….………………….………
Date: …..……………………………………………………………………………
Guarantor’s signatory (1): ….…………………………………………………………………………….
Capacity: ……………………………………………………………………….……….
Guarantor’s signatory (2): ….…………………………………………………………………………….
Capacity: ….…………………………………………………………………………….
Witness signatory (1): ………………………………………………………………….…….………
Witness signatory (2): ………………………………………………………………………..………
END OF SECTION
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
C1.4 AGREEMENT WITH ADJUDICATOR
This agreement is made on the...............day of .................................. 20.........between: the Employer (Name of
company / organisation)............................................................................................. of
(address)...................................................................................................................................................
....................................................................................................................................and the Contractor (name of
company / organisation) ........................................................................... of
(address)...................................................................................................................................................
..................................................................................................................................................................
(hereinafter called the Parties)
and
(Name).................................................................................................................................................. of (address)
................................................................................................................................................
..................................................................................................................................................................
(hereinafter called the Adjudicator)
Disputes or differences may arise/have arisen* between the Parties under a Contract dated.................
and known as Contract No...............................................
(Contract title)...........................................................................................................................................................
and these disputes or differences shall be/have been* referred to adjudication in accordance with the CIDB
Adjudication Procedure, (hereinafter called "the Procedure") and the Adjudicator may be or has been
requested to act. (* Delete as necessary)
IT IS NOW AGREED as follows:
1. The rights and obligations of the Adjudicator and the Parties shall be as set out in the Procedure.
2. The Adjudicator hereby accepts the appointment and agrees to conduct the adjudication in accordance with
the Procedure.
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3. The Parties bind themselves jointly and severally to pay the Adjudicator's fees and expenses in accordance
with the Procedure as set out in the Contract Data.
4. The Parties and the Adjudicator shall at all times maintain the confidentiality of the adjudication and shall
endeavour to ensure that anyone acting on their behalf or through them will do likewise, save with the
consent of the other Parties which consent shall not be unreasonably refused.
5. The Adjudicator shall inform the Parties if he intends to destroy the documents which have been sent to him
in relation to the adjudication and he shall retain documents for a further period at the request of either
Party.
SIGNED BY:
(Signature):............................ (Signature):........................... (Signature):....................................
Name: .................................... Name: ................................... Name: ...........................................
who warrants that he/ she is the Adjudicator and is duly authorised to sign for and duly authorised to sign for
presence of the First Party and on behalf of the Second Party in the presence of
Witness: Witness: Witness:
(Signature).............................. (Signature)........................... Signature)......................................
Name: .................................... Name: .................................... Name:……………………………....
Address: .................................. Address: ................................. Address: …………………………....
................................................. ................................................. .......................................................
Date: ....................................... Date: ............................... Date: ................................................
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
C1.5 CONTRACT DATA
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 Institute of Civil Engineering, Private Bag X200, Halfway House, 1685, Tel 011 805 5947. The General Conditions of Contract make several references to the Contract Data. The Contract Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the General Conditions of Contract. Where applicable, items of data given here below are cross-referenced to the sub clause in the General Conditions of Contract to which they apply.
2. AMPLIFICATION OF THE GENERAL CONDITIONS OF THE CONTRACT
2.1 Data Provided By the Employer
2.1.1 Commencement Date (Clause 1.1.1.5)
The "Commencement Date" means the date on which the Contractor receives a Letter of
Acceptance from the Employer. The instruction to commence with the works will not be issued later
than 28 days from the date that the Agreement made in terms of the Form of Offer and Acceptance
comes into effect.
2.1.2 Defects Liability Period (CL 1.1.1.13)
The Defects Liability Period is 12 calendar months calculated from the date of the Certificate of
Completion.
2.1.3 Due Completion Date (CL1.1.1.14)
This clause shall apply mutatis mutandis to any portion or phase of the Works that may be
described in the Scope of Works or in the Contract Data, or agreed subsequently between the
Contractor and the Employer, and committed to writing.
The time for achieving Practical Completion is 20 weeks calculated from the Commencement Date.
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2.1.4 Employer (CL 1.1.1.15)
The Employer is: CITY OF MBOMBELA
2.1.5 Engineer (CL. 1.1.1.16)
'Engineer' means any Director, Associate or Professional Engineer appointed by City of Mbombela
to fulfil the functions of the Engineer in terms of the Contract Data.
2.1.6 Pricing Strategy (CL 1.1.1.26)
The pricing strategy is the Re-measurement Contract.
2.1.7 Delivery of Notices (CL 1.2.1.2)
The Engineer's address for receipt of communications is:
BIGEN AFRICA Services (Pty) Ltd Allan Cormack Street, The Innovation Hub, Pretoria P.O. Box 29, Innovation Hub, 0087 Tel: +27(0)12 842 8700 Fax: +27(0)12 843 9000/9001 Email: [email protected] Enquiries: Reinhardt Fowler
The Employer's address for receipt of communications is:
City of Mbombela P.O. Box 45 1 Nel Street 1200 Enquiries: Mr. R Mashego
Telephone: (013) 759 2190
2.1.8 Contractor's Copyright
Add the following new Clause 1.3.6:
The copyright in all documents, drawings and records (prepared by the Engineer) related in any
manner to the Works shall vest in the Employer or the Engineer or both (according to the dictates of
the Contract that has been entered into by the Engineer and the Employer for the Works), and the
Contractor shall not furnish any information in connection with the Works to any person or
organization without the prior approval of the Employer to this effect.
2.1.9 Specific Approval of the Employer Required (CL 3.1.3)
The Engineer is required to obtain the specific approval of the Employer before executing any of the
following functions or duties:
2.1.9.1 Nominating the Engineer's Representative in terms of CI 1.1.17
2.1.9.2 Delegation of Engineer's authority in terms of CI 3.2.4
2.1.9.3 The issuing of further drawings or instructions in terms of CI 5.9.1
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2.1.9.4 The issuing of instructions for dealing with fossils and the like in terms of Cl 4.7.1
2.1.9.5 Authorizing the Contractor to repair and make good excepted risks in terms of CI 8.2.2.2
2.1.9.6 The issuing of a variation order in terms of CI 6.3.1 Issuing of instructions to carry out work on a day
work basis in terms of CI 6.4.1.4
2.1.9.8 Granting permission to work during non-working times in terms of CI 5.8.1.1
2.1.9.9 Suspend the progress of the works in terms of CI 5.11.1
2.1.9.10 The issuing of an instruction to accelerate progress in terms of CI 5.7.3
2.1.9.11 The reduction of a penalty for delay in terms of CI 5.13.2
2.1.9.12 The determination of additional or reduced costs arising from changes in legislation in terms of CI
6.8.4
2.1.9.13 The giving of a ruling on a contractor's claim in terms of CI 10.1.5
2.1.9.14 The agreeing of an extension to the 28 period in terms of CI 10.1.5.1
2.1.9.15 The inclusion of credits in the next payment certificate in terms of CI 10.1.5.2
2.1.9.16 The agreeing of the adjustment of the sums for general items in terms of CI 6.11
2.1.10 Contractor's Liability for Own Design Errors (CL 4.1.2)
Add the following to the clause:
The Contractor shall provide the following to the Engineer for retention by the Employer or his
assignee in respect of all works designed by the Contractor:
2.1.10.1 A Certificate of Stability of the Works signed by a registered Professional Engineer confirming that all
such works have been designed in accordance with the appropriate codes of practice.
2.1.10.2 Proof of registration and of adequate and current professional indemnity insurance cover held by the
designer(s).
2.1.10.3 Design calculations should the Engineer request a copy thereof.
2.1.10.4 Engineering drawings and workshop details (both signed by the relevant professional engineer), in
order to allow the Engineer to compare the design with the specified requirements and to record any
comments he may have with respect thereto.
2.1.10.5 "As-Built" drawings in DXF electronic format after completion of the Works. The Contractor shall be
responsible for the design of the Temporary Works.
2.1.11 Health and Safety Act
2.1.11.1 Contractor's Compliance (CL 4.3)
Add the following new Clause 4.3:
The Contract shall comply with the Occupational Health and Safety Specification prepared by the
Employer in terms of the Construction Regulations, 2003 promulgated in terms of Section 43 of the
Occupational Health and Safety Act (Act No. 85 of 1993)
2.1.11.2 Contractor's Liability as Mandatory (CL 4.3)
Add the following new Clause 4.3.4:
Notwithstanding any actions which the Employer may take, the Contractor accepts sole liability for
due compliance with the relevant duties, obligations, prohibitions, arrangements and procedures
imposed by the Occupational Health and Safety Act, 1993 (Act 85 of 1993), and all its regulations,
including the Construction Regulations, 2003, for which he is
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liable as mandatory. By entering into this Contract it shall be deemed that the parties have agreed in
writing to the above provisions in terms of Section 37 (2) of the Act.
2.1.11.3 Contractor to Notify Employer (CI 4.3)
Add the following new Clause 4.3.5:
The Employer retains an interest in all inquiries conducted under this Contract in terms of Section 31
and/or 32 of the Occupational Health and Safety Act, 1993 (Act 85 of 1993) and its Regulations
following any incident involving the Contractor and/or Sub-contractor and/or their employees. The
Contractor shall notify the Employer in writing of all investigations, complaints or criminal charges
which may arise pursuant to work performed under this Contract in terms of the Occupational Health
and Safety Act, 1993 (Act 85 of 1993) and Regulations.
2.1.12 Commencement of the Works (CL 5.3.1)
The Contractor shall commence executing of the works within 14 days of the commencement date.
The documentation required before commencement with Works execution are:
a) Approved Health and Safety Plan (refer to CL 4.3)
b) Initial Programme (Refer to CL 5.6)
c) Security (Refer to CL 6.2.1 and CL 6.2.3)
d) Insurance (Refer to CL 8.6)
2.1.13 Time to Submit the Documentation (CL 5.3.2),
The time to submit the documentation after the Commencement Date is 14 days.
2.1.14 Access Not Exclusive (CL 5.4.2)
The access and possession of the Site shall not be exclusive to the Contractor as other construction
services might be executed concurrently by independent Contractors or bodies under separate
Contracts entered into with the Employer. The other Works which will be in progress or come into
operation during the progress or tenancy of this Contract are likely to include, but are not limited to
the following: Modifications to pipelines and/or installation of pipeline fittings related to the borehole
pumping system.
The Contractor shall ensure that neither his operations nor his employees shall interfere with or
hinder the operations of the Employer or of other Contractors and he shall indemnify the Employer
against all claims arising through default of this requirement. The Contractor shall hand over portions
of the Site of Works (whether completed or not), or completed portions of Works, to these
Contractors when required by the Employer. The Contractor shall cause no interference with or
delays in the execution of these Contracts.
No discount or commission for the Contractor is allowed on these contracts and it will be assumed
that he has fully allowed in the Contract Price for the presence of these contractors on Site. Any
service rendered or assistance given by the Contractor to these contractors save as are contained in
the Works Specifications, shall be for their
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accounts only and the Employer shall in no way be responsible to the Contractor for any payments in
this respect.
The Contractor shall protect all existing services and all work being carried out and structures being
erected on the Site by other contractors. Any damage caused to these services or structures or any
obstructions or hindrance caused to other contractors by the Contractor and claims arising there
from will be the sole responsibility of the Contractor.
Any repair work shall be carried out at the Contractor's expense, in conformity with the Works
Specifications.
The same obligations shall be imposed on the Employer and on other Contractors in respect of the
Works being executed under this Contract.
2.1.15 Non-working Days (CL 5.8.1)
a) The non-working days are Sundays.
b) The special non-working days are statutory public holidays and the year-end break commencing
on 16 December 2017 and ending on 8 January 2018.
2.1.16 Penalty for Delay (CL 5.13.1)
The penalty for failure to complete the Works is 0.05% of the Contract Sum per calendar day.
2.1.17 Latent Defect Period (CL 5.16.3)
The latent defect period is 10 years
2.1.18 Contractor Failing to Select or Provide Security (CL 6.2.2)
Delete the entire contents of Clause 6.2.2 and replace with: "Failure to deliver an acceptable security
as selected in the Contract Data within the stipulated period is a fundamental breach of Contract".
2.1.19 Day works (CL 6.5.1.2.3)
The percentage allowance to cover overhead charges is15 (fifteen) per centum.
2.1.20 Contract Price Adjustment (CL 6.8.2)
The value of the certificates issued shall be adjusted in accordance with the Contract Price Adjustment
Schedule with the following values:
Contract Price Adjustment Factor = (1 – x)
1
Fo
dFt
Mo
cMt
Po
bPt
Lo
aLtrounded off to the fourth
decimal place.
Coefficients for calculating Contract price Adjustment Factor shall be:
Value of x is 0.10
a = 0.20 b = 0.35 c = 0.35 d = 0.10
“L” is the “Labour Index” and shall be the “Consumer Price Index – for Nelspruit Area” In Release P
0141 Table 21.
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“P” is the “Plant Index” and shall be the “Civil Engineering Plant” index as published in the Statistical Release P0141 in table A of Statistics South Africa. “M” is the “Materials Index” and shall be the price index for “Civil Engineering (Materials)” as published in the Statistical Release P0142.1 in table 11 of Statistics South Africa. “F” is the “Fuel Index” and shall be the index for “Diesel oil” (Coast or Witwatersrand) as published in Statistical Release P0142.1 Table 12 of Statistics South Africa. The suffix “o” denotes the basic indices applicable to the base month. The suffix “t” denotes the current indices applicable to the month in 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 base month is: the month prior to the closing of the Tender.
2.1.21 Variation in Cost of Special Materials (CL6.8.3)
Price adjustments for variations in the costs of special materials are not permitted
2.1.22 Percentage Limit on Materials (CL 6.10.1.5) The percentage limit on Materials not yet built into the Permanent Works is 80 (eighty) per centum.
2.1.23 Retention Money (CL 6.10.3)
The percentage retention on amounts due to the Contractor is10% (ten) per centum. The limit of retention money is 5 (five) per centum of the Contract Sum. A Retention Money Guarantee may be not offered in lieu of the retention of money.
2.1.24 Variations Exceeding 15 per cent (CL 6.11)
Delete "15% and replace it with "20%. 2.1.25 Insurance of Materials Supplied by the Employer (CL 8.6.1.1.2)
The insurance amount to cover the value of Plant and Materials, supplied by the Employer for incorporation in the Works and not included in the Contract Sum, is NIL.
2.1.26 Insurance to Cover Professional Fees (CL 8.6.1.1.3)
The insurance amount to cover professional fees, not included in the Contract Sum, payable in respect of the repair or reinstatement of damage to the Works, is NIL.
2.1.27 Liability insurance (CL 8.6.1.3)
The limit of indemnity for liability insurance is R5 000 000 per event, the number of events being unlimited.
2.1.28 Dispute Resolution (CL 10.5.2)
Dispute resolution shall be referred to amicable settlement.
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2.1.29 Disagreement with ad-hoc Adjudicator’s Decision
Add Clause 10.12
Should either of the contracting parties disagree with any decision of the ad-hoc adjudicator, such
matter shall be referred to litigation for court judgment.
2.2 Data provided by the Contractor
2.2.1 Contractor (CL 1.1.1.9)
The legal name of the Contractor
………………………………………………………………………………………………………..
2.2.2 Delivery of Notices to the Contractor (CL 1.2)
The Contractor's address for receipt of communication is:
Postal: ………………………………………………………………………………
Telephone: ………………………………………………………………………………..
Facsimile: ………………………………………………………………………………..
E-mail: ………………………………………………………………………………..
Important Note
Paragraphs 2.2.1 and 2.2.2 here above, to be duly completed by the Bidder before submitting the
Bid.
2.3 Contract Data
Part 2: Data Provided By The Contractor
Clause 4.4.3: Selection of Sub-Contractors
The Tenderer shall list in page T.2.3.7 the Subcontractors and Suppliers whom he intends to appoint
in respect of the various specialist items of work to be done or goods supplied on this contract.
Alternatives may be mentioned.
The Tenderer shall state whether he intends to carry out any specialised work or supply of goods
himself.
Acceptance of this tender shall not be construed as approval of all or any of the listed specialist
Subcontractors or Suppliers. Should any of or all of the specialist Subcontractors or Suppliers not be
approved subsequent to the acceptance of the tender, it shall in no way invalidate this tender, and
the
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tendered unit rates for the various items of work shall remain final and binding, even in the event of a Subcontractor or Supplier not listed below being approved by the Employer. The sub-contractors listed in page T.2.3.7 exclude the identified local emerging contractors who will be identified by the Employer. Signed on behalf of Tenderer: ………………………………………………………………………
3. ADDITIONAL SPECIAL CONDITIONS OF AMENDMENTS TO THE GENERALCONDITIONS OF
CONTRACT
These Special Conditions of Contract (SCC) form an integral part of the Contract. The Special
Conditions shall amplify, modify or supersede, as the case may be, the General Conditions of
Contract 2010 to the extent specified below, and shall take precedence and shall govern. The
clauses of the Special Conditions hereafter are numbered “SCC” followed in each case by the
number of the applicable clause or sub clause in the General Conditions of Contract 2010, and the
applicable heading, or (where a new special condition that has no relation to the existing clauses is
introduced) by a number that follows after the last clause number in the General Conditions, and an
appropriate heading.
SCC 4.4.3
The variations to the General Conditions of Contract are: For conditions regarding selection of LOCAL EMERGING SUB-CONTRACTORS (LES Work), see additional clauses below.
The additional clauses to the General Conditions of Contract are:
Local Emerging Sub-Contractors
The Contractor shall promptly, and in any event within a reasonable time after the Commencement
Date, sub-contract a portion of the Works to the value of ten (10) percent of the work specified in the
Schedule of Works (excluding preliminary and general costs) (“the LES Work”) to one or more of the
local emerging sub-contractors notified by the Employer to the Contract (“the Local Emerging Sub-
Contractors”), in strict accordance with, and subject to, the requirements set out in Paragraphs (i) to
(x) of this Clause, as follows:
(i) The Contractor shall select the Local Emerging Sub-Contractor(s) to whom he is to sub-contract
the LES Work by means of a competitive bidding process conducted strictly in accordance with the CIDB Standard for Uniformity in Construction Procurement and Best Practice Guidelines January 2009, and in doing so shall exercise all reasonable endeavors to ensure as inclusive and equal a distribution of the LES Work as shall be practicable amongst all the Local Emerging Sub-Contractors, taking into account price, competency and capacity only.
(ii) The Contractor shall, without reference to the Employer, taking into account only the competencies and capacity of each Local Emerging Sub-Contractor, be free to identify those components of the LES Work that he shall allocate to each Local Emerging Sub-Contractor.
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(iii) Subject to paragraphs (iv) and (vii) of this clause, in the event that the Contractor fails to sub-contract and/or allocate the required quantum of LES Work or any portion thereof in accordance with this clause, the Engineer may either a) apply a penalty equal to 20% of the value of the shortfall, or b) make a determination regarding the setting aside of the LES Work so as to prevent the shortfall.
(iv) Subject to paragraph (vii) of this clause, and notwithstanding paragraph (iii) of this clause, in the
event that the Contractor fails to sub-contract and/or allocate the required quantum of LES Work or any portion thereof in accordance with this clause by reason of his inability to reach agreement on price with one or more of the Local Emerging Sub-Contractor(s), the Engineer may, in his absolute discretion, advise the Employer to allow an increase in the Contractor’s rates to so as to facilitate successful price negotiation. In the event that the Employer refuses to authorize an increase to the Contractor’s rates or, in the event that the authorized increase in rates fails to facilitate successful negotiation between the Contractor and the relevant Local Emerging Sub-Contractor(s), the Contractor shall be relieved of his obligation to sub-contract the relevant portion of LES Work, always subject to paragraph (vii) of this clause.
(v) The rates to be applied by the Contractor in the sub-contracts with the Local Emerging Sub-
Contractors for the LES Work shall at all times be based strictly on the rates applicable to the Contractor under the Contract, save for any adjustments allowed in terms of paragraph (iv) above.
(vi) The Contractor shall apply the same rates to each Local Emerging Sub-Contractor in respect of
each component of the LES Work, such that, in the event that more than one Local Emerging Sub-Contractor is successfully selected for a single component of the LES Work, the same rates shall apply to each of the selected Local Emerging Sub-Contractors in respect of the said single component.
(vii) The Contractor shall not be under any obligation to employ a Local Emerging Sub-Contractor
against whom the Contractor raises reasonable objection by written notice to the Engineer as soon as practicable, with supporting particulars in writing. In the event of failure on the part of the Contractor to prove reasonable objection to the satisfaction of the Engineer, the Engineer’s determination shall be final and binding.
(viii) The Contractor shall be entitled to include within the Contract Price a maximum management
fee of 20% in excess of the rates paid to the Local Emerging Sub-Contractors. (ix) When tendering the Contractor shall have exercised all reasonable care not to distort any rates
in such a way as to hinder or preclude his obligations under this clause, and, in the event that the Engineer determines the setting aside of the LES Work in terms of paragraph (iii) above, the Contractor shall be prevented from arguing that such LES Work is reserved not to be subcontracted.
(x) The Contractor shall submit a priced copy of the final agreed version of each proposed sub-
contract with a Local Emerging Sub-Contractor (“the Final Draft LES Sub-Contract”) to the Employer prior to the execution of such sub-contract. In the event that the Employer, in consultation with the Engineer, deems the price or any other term of any Final Draft LES Sub-Contract to be unduly onerous or unfair to the Local Emerging Sub-Contractor concerned, the
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Contractor shall modify the price and/or terms in accordance with the Engineer’s reasonable instructions. In sub-contracting the LES Work, the Contractor shall be responsible for performing the LES Work
as if he had not sub-contracted. The Contractor shall be liable for the acts and omissions of the
employees, sub-contractors and agents of the Local Emerging Sub-Contractors as if they were his
own employees, sub-contractors and agents.
Conditions Of Contract For Labour-Intensive Construction
Payment for the labour-intensive component of the works
Payment for works identified in the Scope of Work 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 in
contract.
Applicable labour laws
The Ministerial Determination, Special Public Works Programmes, issued in terms of the Basic
Conditions of Employment Act of 1997 by the Minister of Labour in Government Notice N° R63 of 25
January 2002 shall apply to works described in the scope of work as being labour intensive and
which are undertaken by unskilled or semi-skilled workers, as reproduced below.
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1. Introduction 1.1 This document contains the standard terms and conditions for 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. In this document – “department” means any department of the State, implementing agent or contractor; “employer” means any department, implementing agency or contractor that hires workers to work in elementary occupations on a SPWP; “worker” means any person working in an elementary occupation on a SPWP; “elementary occupation” means any occupation involving unskilled or semi-skilled work; “management” means any person employed by a department or implementing agency to administer or execute an SPWP; “task” means a fixed quantity of work; “task-based work” means work in which a worker is paid a fixed rate for performing a task; “task-rated worker” means a worker paid on the basis of the number of tasks completed; “time -rated worker” means a worker paid on the basis of the length of time worked.
2. Terms of Work 2.1 Workers on a SPWP are employed on a temporary basis. 2.2 A worker may NOT be employed for longer than 24 months in any five-year cycle on a SPWP. 2.3 Employment on a SPWP does not qualify as employment as a contributor for the purposes of the
Unemployment Insurance Act 30 of 1966. 3. Normal Hours of Work 3.1 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.
3.2 An employer and worker may agree that a worker will work four days per week. The worker may then work up to ten hours per day.
3.3 A task-rated worker may not work more than a total of 55 hours in any week to complete the tasks
allocated (based on a 40-hour week) to that worker. 4. Meal Breaks 4.1 A worker may not work for more than five hours without taking a meal break of at least thirty minutes
duration.
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4.2 An employer and worker may agree on longer meal breaks. 4.3 A worker may not work during a 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.
4.4 A worker is not entitled to payment for the 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.
5. Special Conditions for Security Guards
5.1 A security guard may work up to 55 hours per week and up to eleven hours per day. 5.2 A security guard who works more than ten hours per day must have a meal break of at least one hour or
two breaks of at least 30 minutes each. 6. Daily Rest Period
Every worker is entitled to a daily rest period of a 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.
7. Weekly Rest Period 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”).
8. Work on Sundays and Public Holidays
8.1 A worker may only work on a Sunday or public holiday to perform emergency or security work. 8.2 Work on Sundays is paid at the ordinary rate of pay. 8.3 A task-rated 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.
8.4 A time-rated worker who works on a public holiday must be paid – (a) the worker’s daily rate of pay, if the worker works for less than four hours on 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. 9. Sick Leave
9.1 Only workers who work four or more days per week have the right to claim sick pay in terms of this
clause. 9.2 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. 9.3 A worker may accumulate a maximum of twelve days’ sick leave in a year. 9.4 Accumulated sick-leave may not be transferred from one contract to another contract. 9.5 An employer must pay a task-rated worker the worker’s daily task rate for a day’s sick leave. 9.6 An employer must pay a time-rated worker the worker’s daily rate of pay for a day’s sick leave. 9.7 An employer must pay a worker sick pay on the worker’s usual payday. 9.8 Before paying sick-pay, an employer may require a worker to produce a certificate stating that the
worker was unable to work on account of sickness or injury if the worker is – · absent from work for more than two consecutive days; or · absent from work on more than two occasions in any eight-week period.
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9.9 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 and reason for incapacity.
9.10 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 Diseases Act.
10. Maternity Leave
10.1 A worker may take up to four consecutive months’ unpaid maternity leave. 10.2 A worker is not entitled to any payment or employment-related benefits during maternity leave. 10.3 A worker must give her employer reasonable notice of when she will start maternity leave and when she
will return to work. 10.4 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 for six weeks after the birth of her child, unless a medical practitioner, midwife or qualified nurse certifies that she is fit to do so.
10.5 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 child; 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. 10.6 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 weeks after the miscarriage or stillbirth. 10.7 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.
11. Family responsibility leave
11.1 Workers, who work for at least four days per week, are entitled 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 –
the employee’s spouse or life partner;
the employee’s parent, adoptive parent, grandparent, child, adopted child, grandchild or
sibling.
12. Statement of Conditions 12.1 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
- the period for which the worker is hired or, if this is not certain, the expected duration of the contract;
- the worker’s rate of pay and how this is to be calculated; - the training that the worker will receive during the SPWP.
12.2 An employer must ensure that these terms are explained in a suitable language to any employee who is
unable to read the statement. 12.3 An employer must supply each worker with a copy of these conditions of employment.
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13. Keeping Records 13.1 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.
13.2 The employer must keep this record for a period of at least three years after the completion of the SPWP.
14. Payment 14.1 An employer must pay all wages at least monthly in cash or by cheque or into a bank account. 14.2 A task-rated worker will only be paid for tasks that have been completed. 14.3 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. 14.4 A time-rated worker will be paid at the end of each month. 14.5 Payment must be made in cash, by cheque or by direct deposit into a bank account designated by the
worker. 14.6 Payment in cash or by cheque must take place –
(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.
14.7 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.
14.8 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.
14.9 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.
15. Deductions
15.1 An employer may not deduct money from a worker’s payment unless the deduction is required in terms
of a law.
15.2 An employer must deduct and pay to the SA Revenue Services any income tax that the worker is
required to pay.
15.3 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.
15.4 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 pay the employer or any other person for having been employed.
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16. Health and Safety
16.1 Employers must take all reasonable steps to ensure that the working environment is healthy and safe.
16.2 A worker must –
(a) work in a way that does not endanger his/her health and safety or that of any other person;
(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.
17. Compensation for Injuries and Diseases
17.1 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.
17.2 A worker must report any work-related injury or occupational disease to their employer or manager.
17.3 The employer must report the accident or disease to the Compensation Commissioner.
17.4 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.
18. Termination
18.1 The employer may terminate the employment of a worker for good cause after following a fair
procedure.
18.2 A worker will not receive severance pay on termination.
18.3 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.
18.4 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.
18.5 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.
19. Certificate of Service
19.1 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;
(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.
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The additional clauses to the General Conditions of Contract are:
Clause Data
SCC5.12.2.2.1 A delay caused by inclement weather conditions will be regarded as a delay only if, in the opinion of the Engineer, all progress on an item or items of work on the critical path of the working programme of the contractor has been brought to a halt. Delays on working days only (based on a five-day working week) will be taken into account for the extension of time, but the Contractor shall make provision in his programme of work for an expected delay of "n” working days caused by normal rainy weather, for which he will not receive any extension of time. Extension of time during working days will be granted to the degree to which actual delays, as defined above, exceed the number of "n" workings days. The number of “n” working days will be calculated based on the Contract period and the expected number of working days lost as a result of normal rainfall between the contractual commencement and completion dates.
3.1 General
The following clauses add to, vary or otherwise amend the General Conditions of Contract: 3.1.1 Cession (CL 2.5.1)
Delete the words "without the written consent of the other".
3.1.2 Subcontracting (CL 4.4.1) Delete the contents of Clause 4.4.1 and insert: "The Contractor shall not subcontract more than 30 per centum of the value of the Contract."
3.1.3 The type of Security (CL 6.2.1)
The type of security required for the due performance of the Contract shall be restricted to one of the following: Performance Guarantee of 10 (ten) per centum of the Contract Sum, issued by a Commercial Bank registered in the Republic of South Africa, Or Performance Guarantee of 10 (ten) per centum of the Contract Sum, issued by an insurance Company registered in terms of the Short-term Insurance Act (Act 53 of 1998). Whenever a Joint Venture constitutes the contracting party (Contractor) to this Contract, the Performance Guarantee shall be issued on behalf of the Joint Venture. The wording of the Performance Guarantee shall be in the form appended in C1.2
3.1.4 Programme (CL 5.6)
Add the following sub-clause 5.6.6 to Clause 5: "Failure on the part of the Contractor to deliver to the Engineer, the programme of the Works in terms of Clause 5.6.1 and 5.6.2 within the period stated in the Contract Data, shall be sufficient cause for the Engineer to retain 25 per centum of the value of the Fixed Charge and Value-related items in assessment of amounts due to the Contractor, until the Contractor has submitted aforementioned first Programme of the Works and Supporting Documents".
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3.1.5 Contractor's Superintendence (CL 4.12) Add the following sub-clause 4.12.4 to Clause 4.12:
"Where a form is included in the Appendix to the Contract Data for this purpose, the Tenderer shall fill in the name of the person he proposes to entrust with the post of Contractor's Site
Agent on this Contract in the space provided therefore. Previous experience of this person on work of a similar nature during the past five (5) years is to be entered in the list. The Contractor's Site Agent shall be on Site at all times when work is being performed. The person as approved of by the Engineer in writing shall not be replaced or removed from Site without the written approval of the Engineer."
3.1.6 Insurances (CL 8.6) 3.1.6.1 Contractor to produce proof of payment
Delete sub-clause 8.6.6 and substitute with: "The Contractor shall before commencement of the Works produce to the Engineer: 8.6.6.1 The policies by which the insurances are effected, 8.6.6.2 Proof that due payment of all premiums there under, covering the full required period has been
made, and 8.6.6.3 Proof of continuity of the policies for the required period.
Should, during the currency of the Contract, the required period of insurance be extended for any reason, the Contractor shall timeously extend (so as to maintain) the said insurances for the full extended duration. The Engineer shall be empowered to withhold all payment certificates until the Contractor has complied with his obligations in terms of this Clause 8.6."
3.1.6.2 Remedy of Contractor's failure to insure Delete sub-clause 8.6.7 and substitute with: "Failure on the part of the Contractor to effect and keep in force any of the insurances referred to in Clause 8.6.1 and its sub-clauses, is a fundamental breach of Contract, entitling the Employer to cancel the Contract by due notice in terms of Clause 9.2 and with specific reference to sub-clause 55.2.5, as amended, in the Special Conditions of Contract.''
3.1.7 Variations (CL 6.3) Omit the words "Provided that" under Clause 6.3.2 and omit Clause 6.3.2.1.
3.1.8 Suspension of the Works (CL 5.1 1) Add the following sub-clause 5.1 1.4 to Clause 5.11: "If the Contractor does not receive from the Employer the amount due under an Interim Payment Certificate within 28 days after expiry of the time stated in sub-clause 6.10.4 within which payment is to be made (except for deductions in accordance with sub-clauses 6.10.1.6 and 6.10.1.7), the Contractor may, after giving 14 days' notice to the Employer, suspend the progress of the Works. The Contractor's action shall not prejudice his entitlements to a claim in terms of Clause 10.1 and to termination of the Contract in terms of Clause 9.3.
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If the Contractor subsequently receives full payment of the amount due under such Interim Payment Certificate before giving a notice of termination of the Contract, the Contractor shall resume normal working as soon as is reasonably practicable."
3.1.9 Extension of time arising from Abnormal Rainfall (CL 5.12) Add the following to sub-clause 5.12.2.2: "The extension of time to be allowed due to abnormal rainfall shall be calculated separately for each calendar month or part thereof in accordance with the following formula:
V = Extension of time in calendar days for the calendar month under Consideration
Nw = Actual number of days during the calendar month on which a rainfall of 10 mm or more has been recorded
Nn = Average number of days for the calendar month on which a rainfall of 10 mm or more has been recorded, as derived from existing rainfall records
Rw = Actual recorded rainfall for the calendar month
Rn = Average rainfall for the calendar month, as derived from existing rainfall records
X = 20
The rainfall records which shall provisionally be accepted for calculation purposes are:
Month Average Rainfall (mm) Ave Rain Days
JAN 112.7 6.4
FEB 112 5.5
MAR 75.5 5
APR 33.7 2.4
MAY 25.3 1.5
JUN 7.9 0.4
JUL 7.1 0.3
AUG 8.9 0.5
SEP 18.2 1.6
OCT 45.3 3.7
NOV 98.3 6.5
DEC 119.1 7.2
Total 663.8 41
The factor (Nw - Nn) shall be considered to represent a fair allowance for days during which rainfall exceeds 10 mm and the factor (Rw - Rn)/x shall be considered to represent a fair allowance for those days when rainfall does not exceed 10 mm but wet conditions prevent or disrupt work. The total extension of time shall be the algebraic sum of all monthly totals for the contract period, but if the algebraic sum is negative the time for completion shall not be reduced due to subnormal rainfall. Extensions of time for a part of a month shall be calculated using pro rata values of Nn and Rn."
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3.1.10 Interim Payments (CL 6.10)
Add to the end of Clause 6.10.1 the following paragraph:
"The Contractor shall complete the 'Contractor's Monthly Report Schedule', which proforma documentation is obtainable from the Engineer. Pursuant to Sub-clause (I), these, duly signed by all concerned, together with the Contractor's statement and a VAT invoice in original format are to be submitted to the Engineer. Issue by the Engineer to the Employer and Contractor of any signed payment certificate is conditional to this information being fully endorsed, accurately and timeously submitted to the Engineer". Add to the end of Clause 6.10.1.5 the following paragraph: "All documentary evidence of such materials shall be unambiguous with respect to ownership having fully passed to the Contractor on or before the date of submittal of the Contractor's monthly statement. Should the Contractor fail to supply unambiguous documentary evidence, he shall, prior to submittal of his monthly statement, deliver to the Employer a Guarantor Guarantee in the form contained in the Appendices to the Contract Data."
3.1.11 Variations Exceeding 15 Per Cent (CL 6.1 1)
In sub-clause 50.1.3 omit the words "15 per cent" and replace with "'20 per cent" 3.1.12 Cancellation of the Contract (CL 54)
Alter the numbering of: Clause 9.1.4 to 9.1.5, Clause 9.1.5 to 9.1.6 and insert the following new clause 9.1.4: "The Employer shall be entitled to cancel the Contract, at any time for the Employer's convenience, by giving written notice of such cancellation to the Contractor. The Contractor termination shall take effect 28 days after the later of the dates which the Contractor receives this written notice or the Employer returns the Demand Guarantee. The Employer shall not cancel the Contract under this sub-clause in order to execute the Works himself or to arrange for the Works to be executed by another contractor. This restriction on the Employer shall lapse 18 months after the date of receipt by the Contractor of cancellation in terms of this sub-clause".
3.1.13 Termination by Employer (CL 9.2)
Delete the contents of Clause 9.2 and substitute with: "9.2.1 The Employer may terminate the Contract by written notice to the Contractor if: 9.2.1.1 Sequestration of the Contractor's estate is ordered by a Court with due Jurisdiction, or 9.2.1.2 The Contractor publishes a notice of surrender or presents a petition for the surrender of his estate as
insolvent, or makes a compromise with his creditors, or assigns in favour of his creditors, or agrees to carry out the Contract under the supervision of a committee representing his creditors, or (being a company) goes into liquidation, whether provisionally or finally (other than a voluntary liquidation for the purpose of amalgamation or reconstruction), or if the Contractor assigns the Contract without having first obtained the Employer's consent in writing, or if execution is levied on his goods, or
9.2.1.3 the Contractor, or anyone on his behalf, or in his employ, offers to any person in the employ of the Employer or the Engineer, a gratuity or reward or commission, or
9.2.1.4 the Contractor furnished materially inaccurate information in his Tender, which had a bearing on the award of the Contract, or
9.2.1.5 the Contractor has abandoned the Contract. 9.2.2 If the Contractor: 9.2.2.1 Has failed to commence the Works in terms of Clause 5.3 hereof, or has suspended the progress of the
Works for fourteen (14) days after receiving from the Engineer written notice to proceed, or
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9.2.2.2 Has failed to provide the Guarantee in terms of Clause 6.2 within the time stipulated in the Contract
Data, or 9.2.2.3 Has failed to proceed with the Works with due diligence, or
9.2.2.4 Has failed to remove materials from the Site or to pull down and replace work within fourteen (14) days after receiving from the Engineer written notice that the said materials or work have been condemned and rejected by the Engineer in terms of these conditions, or
9.2.2.5 Is not executing the Works in accordance with the Contract, or is neglecting to carry out his obligations under the Contract, or
9.2.2.6 Has, to the detriment of good workmanship or in defiance of the Engineer's instructions to the contrary, sublet any part of the Contract, or
9.2.2.7 Has assigned the Contract or any part thereof without the Employer's consent in writing, then the Employer may give the Contractor 14 days notice to rectify the default, and if the Contractor fails to rectify the default in said 14 days, then, without further notice, notify the Contractor in writing of the termination of the Contract and expel the Contractor and order the Contractor to vacate the site within 24 hours of issue of the Notice of Termination and to hand the Site over to the Employer, and the Employer may then enter upon the Site and the Works without affecting the rights and powers conferred on the Employer or the Engineer by the Contract and the Employer may himself complete the Works or may employ another contractor to complete the Works, and the Employer or such other contractor may use for such completion so much of the Construction Equipment. Temporary Works and materials brought onto the Site by the Contractor as the Employer may think proper, and the Employer may at any time sell any of the said Construction Equipment, Temporary Works and unused materials and apply the proceeds of sale towards payment of any sums that may be due or become due to the Employer by the Contractor under the Contract. In such circumstances the Contractor shall forthwith vacate the Site and shall not be entitled to remain on the Site on the grounds that he is entitled to do so on a right of retention until amounts due to him have been paid, neither will the Contractor be entitled to any further payments in terms of this Contract.
9.2.3 If the Contractor, having been given notice to rectify a default in terms of 55.2 above, rectifies said
default, but later repeats the same or substantially the same default, then the Employer may notify the Contractor of the immediate termination of the Contract, and proceed as stated in the paragraph following the word "writing" in Clause 55.2.7 above.
9.2.4 Should the amounts the Employer must pay to complete the Works exceed the sum that would have
been payable to the Contractor on due completion by him, then the Contractor shall upon demand pay to the Employer the difference, and it shall be deemed a debt due by the Contractor to the Employer and shall be recoverable accordingly. Provided that should the Contractor on demand not pay the amount of such excess to the Employer, such sum may be determined and deducted by the Employer from any sum due to or that may become due to the Contractor under this or any previous or subsequent contract between the Contractor and the Employer."
3.1.14 Termination by Contractor (CL 9.3)
Add the following paragraph as Clause 9.3.5: "In addition to, or as an alternative to the rights to termination contained in this Clause 9.3, the Contractor may notify the default to the Employer, with a copy to the Engineer, and if the default is not rectified within 10 days the Contractor may suspend progress of the works until a date 7 days after the default is rectified. The Contractor shall be entitled to extension of time to the extent of delay caused by or resulting from such suspension, and to payment of additional costs caused by or resulting from the suspension. Such extension of time and additional costs shall be promptly ascertained by the Engineer, who shall then grant the extension of time and include the additional costs in all future payment certificates. Such suspension, extension of time and/or payment of additional costs, shall not prejudice the Contractor's rights to cancel the contract."
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3.1.15 information in respect of Employees (CL 20.2)
The Contractor shall deliver to the Engineer, on a monthly basis, a return in detail of supervisory staff and the number of categorized classes of labour employer each day for the aid period by the Contractor for execution of the Contract. Such return shall be submitted by the seventh day of the month following the month to be reported.
3.1.16 information in respect of Construction Equipment (CL 23.3)
The Contractor shall deliver to the Engineer, on a monthly basis, a detailed inventory of Construction Equipment kept on Site, fill particulars given for each day of the month. Distinction shall be made between Owned Equipment and Hired Equipment as well as Equipment in working order and Equipment out of order. Such inventory shall be submitted by the seventh day of the month following the month to be reported.
4. PRIORITY OF DOCUMENTS
The documents forming the Contract are to be taken as mutually explanatory of one another. For the purpose of interpretation, the priority of the documents shall be in accordance with the following sequence: a) the Form of Offer and Acceptance. b) amplifications of the General Conditions of Contract within the Contract Data. c) the General Conditions of Contract. d) the Specifications, Drawings, Schedules and other documents forming part of the Contract (in
that order) contained in the Scope of Work and the Site Information. If any ambiguity or discrepancy is found in the documents, the Engineer shall issue any necessary clarification or instruction.
Bid No 158/2016 Part C2: Pricing Data Title Page
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C2.1-i
MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 2: CONTRACT
Part C2
Pricing Data
Bid No 158/2016 Part C2: Pricing Data Contents List
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
C2.1-ii
MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
Pricing Data
Section Description
SECTION C2.1 PRICING INSTRUCTIONS …………………………………………C2.1-1
SECTION C2.2 BILL OF QUANTITIES ……………………………………...………C2.1-1
SECTION C2.3 SUMMARY OF BILL OF QUANTITIES …………..………………C2.3-1
END OF SECTION
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 2: CONTRACT
Section C2.1
Pricing Instructions
Bid No 158/2016 Part C2: Pricing Data Section C2.1: Pricing Instructions
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
C2-1-1
MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
C2.1 PRICING INSTRUCTIONS
1. 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 tenderer tenders to do the work.
Amount: The product of the quantity and the rate tendered for an item.
Lump Sum: 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 is not measured in units.
2. This bill of quantities forms part of the contract documents and must be read in conjunction with all the other documents comprising the contract documents.
3. 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.
4. The tenderer shall fill in a rate or a lump sum for each item where provision is made for it even where no quantities are given. Items against which no rate or lump sum has been entered in the tender will not be paid for when the work is executed, as payment for such work will be regarded as being covered by other rates or lump sums in the bill of quantities. The tenderer shall fill in a rate against all items where
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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.
5. The amount of work or the quantities of material stated in the bill of quantities shall not be considered as restricting or extending the amount of work to be done or quantity of material to be supplied by the contractor.
6. The statement of quantities of material or the amount of work in the bill of quantities shall not be regarded as authorisation for the contractor to order material or to execute work. 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.
7. 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.
8. The provisions of clause of the general conditions of contract Second Edition 2012 shall apply to provisional sums and prime cost sums.
9. Subject to the conditions stated in paragraph 10 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 extensions thereof and in the total sums appearing in the tender. Should there be any discrepancies between the tender sum and the correctly extended and totalled bill of quantities, the rates will be regarded as being correct, and the employer shall have the right to make adjustments to the tender sum to reconcile the tender sum with the total of the bill of quantities. In such an event the contractor will be consulted but, failing agreement between the parties, the decision of the employer shall be final and binding. Adjustment of the tender sum will take place prior to the signing of the contract. In their own interest tenderers must make doubly sure of the correctness of their tendered rates, the extensions and the tender sum.
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10. 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.
11. The units of measurement indicated in the bill of quantities are metric units
The following abbreviations are used in the bill 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 m³km = cubic metre kilometre l = litre kl = kilolitre kg = kilogram t = ton (1000 kg) No = number mn = meganewton mn-m = meganewton-metre % = per cent kW = kilowatt Kn = kilonewton PC sum = prime cost sum Prov sum = provisional sum
12. All rates and sums of money quoted in the bill of quantities shall be in rands and whole cents. Fractions of a cent shall be discarded
END OF SECTION
Bid No 158/2016 Bill of Quantities
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 2: CONTRACT
Section C2.2
Bill of Quantities
Bid No 158/2016 Section C2.3 Summary of Bill of Quantities
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Error! Not a valid link.
INSERT BILL OF QUANTITIES HERE
Bid No 158/2016 Section C2.3 Summary of Bill of Quantities
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 2: CONTRACT
Section C2.3
Summary of Bill of Quantities
Bid No 158/2016 Section C2.3 Summary of Bill of Quantities
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INSERT SUMMARY OF BILL OF QUANTITIES HERE
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 2: CONTRACT
Part C3
Scope of Works
Bid No 158/2016 Section C3: Scope of Works Contents List
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
SCOPE OF WORKS
INDEX
Section Description Page No Section C3.1 Description of the Works ............................................................... C3.3-1
Section C3.1.1 COM's objectives ............................................................................. C3.1-1
Section C3.1.2 Overview of the Works ..................................................................... C3.1-1
Section C3.1.3 Extent of Works ............................................................................... C3.1-2
Section C3.1.4 Location of the Works ...................................................................... C3.1-2
Section C3.2 Engineering .................................................................................... C3.2-1
Section C3.2.1 Employers’ Design ........................................................................... C3.2-1
Section C3.2.2 Drawings .......................................................................................... C3.2-1
Section C3.3 Procurement ................................................................................... C3.3-1
Section C3.3.1 Sub-Contracting ............................................................................... C3.3-1
Section C3.3.2 Local Labour .................................................................................... C3.3-2
Section C3.4 Construction ............................................................................... C3.4.1-1
Section C3.4.1 Works specifications ..................................................................... C3.4.1-1
Section C3.4.2 Variations and additions to SABS 1200 Standardized specifications and
Particular specifications ................................................................ C3.4.2-1
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Section C3.5 Management of Works .................................................................. C3.5-1
Section C3.5.1 Management of works ...................................................................... C3.5-1
Section C3.5.2 General Construction and management requirements ..................... C3.5-5
Section C3.5.3 Occupational health and safety ....................................................... C3.5-6
Section C3.5.4 Quality Management ....................................................................... C3.5-7
Section C3.5.5 Drawings, Operation and Maintenance Manuals ............................ C3.5-15
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
C3.1: DESCRIPTION OF THE WORKS
Section Description Page No Section C3.1 Description of the Works ............................................................... C3.1-1
Section C3.1.1 COM's objectives ............................................................................. C3.1-1
Section C3.1.2 Overview of the Works ..................................................................... C3.1-1
Section C3.1.3 Extent of Works ............................................................................... C3.1-2
Section C3.1.4 Location of the Works ...................................................................... C3.1-2
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
C3.1 DESCRIPTION OF THE WORKS
C3.1.1 COM's objectives
The Matsafeni village area has recently been upgraded to full water borne sewer system. The
additional sewer outflow generated requires the upgrade of the sections of the Northern Outfall
Sewer.
The purpose of this project is to supply addition capacity in the main outfall sewer of Nelspruit
(Northern Outfall Sewer) to accommodate the additional sewerage flow generated as a result of
the sewer reticulation of the Matsafeni Village area.
C3.1.2 Overview of the Works
The Matsafeni village area is known for its high water table and associated pollution problems
with use of VIP’s and septic tanks. Due to the distance from the nearest outfall sewer,
exorbitant cost has always been the inhibiting factor towards the installation sewer reticulation
system in the area.
With the development of the stadium came the bulk services and a project was initiated to
install water borne sewer system for the village. Although the Stadium is directly adjacent to the
Matsafeni Village, additional upgrades to the outfall sewer system will be required to
accommodate the additional flow generated by the inclusion of the Matsafeni Village.
Linking of the Matsafeni area to the outfall sewer will take up additional capacity on the entire
outfall sewer line. It is proposed however that that only the critical areas, as per Master Plan, be
upgraded in order for the Matsafeni Village to be accommodated.
The individual components of the scheme comprise the following:
i. Sewer reticulation Network – Installed under different contract, started in Jan 2014
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ii. Outfall Sewer – Sections of which needs to be upgraded – Covered in this application
iii. Waste Water Treatment Plant – The Kingstonvale Waste Water Treatment Plant was
upgraded in 2013 to treat 26 Ml/d and comply to the Department of Water Affairs’
discharge requirements.
In the Master Plan, virtually the entire northern outfall sewer is identified as in need for
upgrading.
C3.1.3 Extent of works
In an attempt to prioritise the need for upgrading a comparison calculation, comparing existing
capacity vs future requirement was made to single out components with the most urgent need
for upgrade (i.e. the most undersized components. The following sections were identified.
a) Section A: The section of 315mm diameter pipeline from the Gladde Spruit up to the first
canal crossing close to Vintonia, +/-460m (manhole N01 to manhole N09). To be upgraded
with a 600 mm diameter parallel line. The above ground sections constructed of Ductile Iron
pipe and the below ground sections being HDPE
b) Section B: A 455m long section of 600mm pipeline, from Manhole N09 to Manhole N18. To
be constructed on the northern side of the canals. The entire length will be above ground
and Ductile Iron Pipes
c) Section C: A 287m long section of 600mm diameter pipeline from manhole N125 to
manhole N131 constructed parallel to the existing line The above ground sections
constructed of Ductile Iron pipe and the below ground sections being HDPE .
C3.1.4 Location of the works
The Matsafeni Village is located to the west of Nelspruit approximately 5km west of the CBD,
south of the N4 and adjacent to the western boundary of the Mbombela Stadium. The village
originated as the residential area for the labourers to Halls.
END OF SECTION
Bid No 158/2016 Part C3: Scope of Works Title Page
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 2: CONTRACT
Section C3.2
Engineering
Bid No 158/2016 Part C3: Scope of Works Contents list
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
C3.2: ENGINEERING
Section C3.2 Engineering .................................................................................... C3.2-1
Section C3.2.1 Employers Design ............................................................................ C3.2-1
Section C3.2.2 Drawings .......................................................................................... C3.2-1
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
C3.2 ENGINEERING
C3.2.1 Employer’s Design
The permanent works included in this contract has been designed by the Employer. The detail of
the works is indicated on the drawings and in the specifications. The Tenderer may submit
alternative offers for designs prepared by himself subject to the conditions specified in the Contract
Data.
C3.2.2 Drawings
Drawings are bound in Volume 2 – Book of Drawing.
END OF SECTION
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 2: CONTRACT
Section C3.3
Procurement
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
C3.3 PROCUREMENT
INDEX
Item Description
Section C3.3 Procurement ................................................................................... C3.3-1
Section C3.3.1 Sub-Contracting ............................................................................... C3.3-1
Section C3.3.2 Local Labour .................................................................................... C3.3-2
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
C3.3 PROCUREMENT
C3.3.1 Sub-Contractors
The Employer decided to adopt the Standard of Uniformity in Construction Procurement
published by the Construction Industry Development Board (CIDB) for his procurement
process.
The Standard for Uniformity in Construction Procurement establishes minimum requirements
that:
promote cost efficiencies through the adoption of a uniform structure for procurement
documents, standard component documents and generic solicitation procedures;
provide transparent, fair and equitable procurement methods and procedures in critical
areas in the solicitation process;
ensure that the forms of contract that are used are fair and equitable for all the parties to
a contract; and
enable risk, responsibilities and obligations to be clearly identified.
C3.3.2 Local Labour
The Contractor shall limit the utilisation of his permanently employed personnel to that of key
personnel only on the Works, as defined below, and shall execute and complete the Works
utilising a temporary workforce employed directly by the Contractor and/or by his sub-
contractors, using the assistance of the Labour Desk(s), from the various communities that are
established in proximity to the Works or which will be consumers from the Scheme.
Without derogating from the Contractor’s obligations to complete the Works within the specified
time for completion in terms of the General Conditions of Contract, the numbers in each
category of the Contractor's key personnel, as stated by the Contractor in the Returnable
Schedules, will be strictly controlled during the contract
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period and any increase in numbers will be subject to the prior approval of the Employer.
Key personnel means all contracts managers, site agents, site clerks, materials and survey
technicians, quantity surveyors, trainers, supervisors, foremen, skilled plant operators, brick
layers, welders, shutter hands and the like, and all other personnel in the permanent employ of
the Contractor or his sub-contractors who possess special skills, and/or who play key roles
within the Contractor's or his subcontractor's operations.
The Engineer may at his discretion, upon receipt of a written and fully motivated application
from the Contractor, and where he deems the circumstances so warrant, authorise in writing
that the Contractor may utilise in the execution of the Works, workers not being his key
personnel but who are in his permanent employ. Without limiting the generality of application of
this sub-clause, circumstances which may be considered by the Engineer to warrant
authorization of the use of the Contractor's permanent employees other than key personnel,
include:
a) The unavailability from local sources of sufficient numbers of temporary workers and/or sub-
contractors to execute the Works, provided always that the Contractor has satisfied the
Engineer that he has exercised his best endeavours and taken all reasonable actions to
recruit sufficient temporary workers and sub-contractors from local sources.
b) The unavailability within the temporary worker pool and/or from subcontractor sources
available to the Contractor in terms of the Contract, of sufficient skills necessary to execute
the Works or specific portions thereof, in situations where the completion period allowed in
the Contract is insufficient to facilitate the creation of the necessary skills through the
provision of suitable training as contemplated in the Contract;
c) Any other circumstances which the Engineer may deem as constituting a warrant.
END OF SECTION
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 2: CONTRACT
Section C3.4
Construction
Bid No 158/2016 Section C3: Scope of Works Contents List
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C3.3-2
MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
C3.4 CONSTRUCTION
INDEX
Item Description
Section C3.4 Construction
Section C3.4.1 Standard specifications ................................................................. C3.4.1-1
Section C3.4.2 Variations and additions to SABS 1200 Standardized
specifications and Particular specifications ................................... C3.4.2-1
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 2: CONTRACT
Section C3.4.1
Standard Specifications
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C3.4
MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
C3.4 CONSTRUCTION
C3.4.1 Standard Specifications
The Standard Specifications on which the contract is based are the South
African Bureau of Standardised Specifications for Civil Engineering
Construction (SABS 1200). (Note: “SABS has been changed to “SANS”; the
SABS 1200 specifications are due to be replaced in the fore sable future by
SANS 2001 amongst other specifications).
Although not bound in nor issued with this Document, the relevant sections of the standard
specifications shall form part of this Contract. These documents are available at the
Contractor’s expense from the SA Bureau of Standards, Private Bag X191, PRETORIA, 0001.
The applicable SABS 1200 Standardised Specification for this Contract shall be the following:
A - General
AB - Engineers office
AH - General (structural)
C - Site clearance
D - Earthworks
DB - Earthworks (Pipe Trenches)
DK - Gabions and pitching
DM - Earthworks (roads, subgrade)
GA - Concrete (small works)
GE - Precast concrete
H - Structural steelwork
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HA - Structural steelwork (sundry items)
HC - Corrosion protection of structural steelwork
L - Medium pressure pipelines
LB - Bedding (pipes)
LC - Cable ducts
LE - Storm water drainage
LG - Pipe jacking
M - Roads (general)
ME - Sub base
MF - Base
MFL - Base (light pavement structure)
MG - Bituminous surface treatment
MH - Asphalt base and surfacing
MJ - Segmented paving
MK - Kerbing and channelling
MM - Ancillary road works
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 2: CONTRACT
Section C3.4.2
Variation and Additions to Standard and Particular
Specifications
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
C3.4.2 VARIATIONS AND ADDITIONS TO THE STANDARD AND PARTICULAR SPECIFICATIONS
The following variations and additions to the Standard and Particular Specifications will be
applicable to this Contract.
The various documents listed in C3.4.1 shall be treated as mutually explanatory. However,
should any requirement of section C3.4.2 conflict with requirement of the Standard
Specifications or with any of the Particular Specifications, then the requirement of section
C3.4.2 shall prevail.
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PSA GENERAL ………………………………………………………………………………………………………….2
PSA1 QUALITY (Clause 3.1) ............................................................................................................................ 2
PSA2 PLANT (Clause 4.3) ................................................................................................................................ 2
PSA3 SITE FACILITIES ..................................................................................................................................... 2
PSA4 ADJUSTMENT OF PRELIMINARY AND GENERAL TIME-RELATED ITEMS (Clause 8.2.2) ............. 4
PSA5 HEALTH AND SAFETY ........................................................................................................................... 4
PSA5.1 Fixed-charge Items ................................................................................................................................... 5
PSA5.2 Time-related Items ................................................................................................................................... 5
PSA6 ENVIRONMENTAL MANAGEMENT PLAN ............................................................................................ 6
PSA6.1 Fixed-Charge Items .................................................................................................................................. 6
PSA6.2 Time-related Items ................................................................................................................................... 6
PSA7 SUMS STATED PROVISIONALLY (Clause 8.5) .................................................................................... 7
PSA7.1 Contingencies ........................................................................................................................................... 7
PSA7.2 Contract Price Adjustment ....................................................................................................................... 7
PSA7.3 Salary for Labour Desk Officer and Community Liaison Officer .............................................................. 7
PSA7.4 Artisans and Skills Training ...................................................................................................................... 7
PSA7.5 Telephone Calls and Rental ..................................................................................................................... 7
PSA7.6 Acceptance Control Testing ..................................................................................................................... 8
PSA7.7 Office Consumables for Engineer’s Site Facility ...................................................................................... 8
PSA7.8 Electronic equipment for Engineer’s office ............................................................................................... 8
PSA7.9 Relocation of Existing Services ................................................................................................................ 8
PSA7.10 Specialized Services ................................................................................................................................ 9
PSA8 PRIME COST ITEMS (Clause 8.6) .......................................................................................................... 9
PSA8.1 Materials for Dayworks ............................................................................................................................. 9
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PSA GENERAL
PSA1 QUALITY (Clause 3.1)
All material used in the Works shall, where such mark has been awarded for a specific type of
material, bear the SABS mark. Alternatively, the Contractor shall furnish the Engineer with
certificates of compliance of materials, which bear the official mark of the appropriate standard.
PSA2 PLANT (Clause 4.3)
Except where the use of plant is essential in order to meet the specified requirements by the Due
Completion Date, the Contractor shall use only hand tools and equipment in the construction of
those portion(s) of the Works that are required in terms of the Scope of Works to be constructed
using labour intensive construction methods.
PSA3 SITE FACILITIES
PSA3.1 SITE FACILITIES AVAILABLE
PSA3.1.1 Contractor’s Camp
A Site will be made available by the Employer for the Contractor’s camp and depot.
PSA3.1.2 Source of Water Supply
The Contractor shall be responsible under the Contract for the supply and distribution at his cost of
all water that he may require for purposes of constructing the Works. Accordingly, the Contractor
shall pay all connection fees and consumption charges, and at his cost provide all connections,
consumption meters, pipework, storage tanks, transport and other items associated with the supply
of water for the Works.
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PSA-3
Water can be provided by Sembcorp Silulumanzi. The Contractor shall, subject to the approval of
the Engineer, make any necessary arrangements with the relevant authority for the connection(s),
and shall provide in his tender for the payment of all charges and costs that are associated with
making water available for purposes of constructing the Works.
Water for filling, testing and disinfecting the pipelines and structures will be made available by the
Employer at no cost to the Contractor. However, should the pipelines and/or structures have to be
drained and refilled due to defective materials or workmanship by the Contractor or by his
subcontractors, then the water required for refilling shall be made available at the cost of the
Contractor.
PSA3.1.3 Source of Power Supply
The Contractor shall be responsible under the Contract for the supply and distribution at his cost of
all electricity that he may require for purposes of constructing the Works. Accordingly, the
Contractor shall pay all connection and consumption charges, and at his cost provide all
connections, transformers, consumption meters, cables, distribution boards and other items that
are associated with the supply of electricity for construction of the Works.
City of Mbombela is the power supply authority in the area. The Contractor shall, subject to the
approval of the Engineer, make any necessary arrangements with the relevant authority for the
connection(s), and shall provide in his tender for the payment of all charges and costs that are
associated with making electricity available for purposes of constructing the Works. The
distribution of electricity shall be in accordance with the applicable bylaws and regulations of the
supply authority.
PSA3.1.4 Housing
The Contractor shall be permitted to house Key Personnel only within his camp site(s). At the
commencement of the Contract, the Contractor shall inform the Engineer of his intentions regarding
the housing of Key Personnel on Site, and he shall thereafter ensure that all such accommodation
is kept neat and tidy, hygienic and properly controlled at all times. Should at any stage of the
Contract the Employer and/or the Engineer be of the opinion that the housing of Key Personnel
within the camp site(s) of the Contractor is causing disturbance or inconvenience to the landowner
or to nearby residents, then the authority granted by this clause for the Contractor to house Key
Personnel on Site may be withdrawn, either partially or entirely.
The Contractor shall at all times conform with all requirements contained in law or bylaws, as well
any other requirements set by the controlling local authority.
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PSA-4
PSA3.2 SITE FACILITIES REQUIRED
PSA3.2.1 For the Contractor
Whatever may be required for the satisfactory execution of the Contract.
PSA3.2.2 For the Engineer
As specified under Section PSAB.
PSA3.2.3 Sanitary facilities
Water borne sewerage is not available at the Engineer’s camp site. Flush toilets/Chemical toilet
shall be provided and maintained for the use of the Contractor’s personnel at all camp sites that the
Contractor may establish for construction of the Works. In addition, the Contractor shall at all times
during construction of the Works provide adequate sanitary facilities on site so that all employees
are at all times within easy reach of sanitary facilities.
PSA4 ADJUSTMENT OF PRELIMINARY AND GENERAL TIME-RELATED ITEMS (Clause 8.2.2)
PSA4.1 Replace the note on the end of the clause with the following:
Note: An approved extension of time will qualify the Contractor to receive additional payment for
each relevant time related item at the original tendered unit rate for such item. The additional
payment will be calculated pro rata to the extension of time in relation to the time for achieving
Practical Completion for the Works at the date when the agreement came into effect.
PSA4.2 Should the Time for Completion be automatically extended due to abnormal weather conditions
occurring during execution of the Contract as provided for in the Conditions of Contract, adjustment
to the total for time-related preliminary and general items will be applicable as specified in Clause
PSA4.1.
PSA5 HEALTH AND SAFETY
The maintenance of safe work practice at all times and in all sections of the execution of the works
is embedded in the day to day site activities of all the Contractor’s management, staff and
workforce on the contract.
However, the introduction of the Construction Regulations in 2014 requires from the Employer to
ensure that the Contractor has made adequate provision for the execution of the works within the
specifications of said regulations. The following items have been identified as critical towards
ensuring the minimum standards of safe work practice:
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PSA-5
It must be noted that the lists below are not exhaustive and that many items have been traditionally
priced by the Contractor as an integral part of his Preliminary and General items or as part of the
overhead costs of other items. The tender document, although not detailed with regards the
Construction Regulations, requires that the Contractor ensures adherence to the Occupational
Health and Safety Act (Act 85 of 1993) the Construction Regulations, 2014.
PSA5.1 Fixed-charge Items
Add the following new Clause (Clause 8.3.5):
Unit
Compliance with the Occupational Health and Safety Act
Sum
(Act 85 of 1993) and its regulations and with the Employer’s
Health and Safety Specification.
The fixed charge item shall include but shall not be limited to the following:
Preparation of Health and Safety Plan,
Establishment of Health and Safety File,
Health and Safety Training
Personal Protective Clothing and Equipment
Fences, Signs and Barricades
Establishment of Safety Administration
Other Health and Safety Fixed-charge Obligations
PSA5.2 Time-related Items
Add the following new Clause (Clause 8.4.6):
Unit
Compliance with the Occupational Health and Safety Act Sum
(Act 85 of 1993) and its regulations and with the Employer’s
Health and Safety Specification.
The time related item shall include but shall not be limited to the following:
The employment cost of all health and safety personnel including consultants, health
and safety officers, inspectors, supervisors and issuers required in terms of the
Contractor’s Health and Safety Plan,
Updating the Health and Safety Plan as needed,
Carrying out of periodic own audits and follow-up audits,
Compiling ongoing risk assessments and risk assessment reports as required by the
Works,
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PSA-6
Convening of regular safety meetings with the Safety Representatives,
Accompanying and supporting the Employer or his Safety Agent during ad hoc audits,
Compilation of monthly safety reports and statistics for the Employer or his Safety Agent,
Implementation and maintenance of Training
Maintenance of personal protective clothing and equipment
Maintenance of fences, signs and barricades
Implementation and maintenance of safety administration
Other Health and Safety Time-related Obligations
PSA6 ENVIRONMENTAL MANAGEMENT PLAN
The Contractor shall comply with all the conditions of the Record of Decision and the Environmental
Management Plan bound into Annexure B (Section C3.5.3).
PSA6.1 Fixed-Charge Items
Add the following Clause (Clause 8.3.6):
Unit
Compliance with Environmental Management Plan and Record of Decision Sum
The sum tendered shall cover all costs, overheads, profits and charges incurred in complying with
all the conditions of the Environmental Management Plan and Record of Decision bound into
Section C3.5.3.
PSA6.2 Time-related Items
Add the following Clause (Clause 8.4.7):
Unit
Compliance with Environmental Management Plan and Record of Decision Sum
The sum tendered shall cover all costs, overheads, profits and charges incurred in complying with
all the conditions of the Environmental Management Plan and Record of Decision bound into
Section C3.5.3.
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PSA-7
PSA7 SUMS STATED PROVISIONALLY (Clause 8.5)
PSA7.1 Contingencies
A Provisional Sum shall be included in the Summary of Schedules for contingencies. No
percentage mark-up will be applicable to any payments made using contingency money other than
the mark up included in prices for variations determined in terms of the Conditions of Contract.
PSA7.2 Contract Price Adjustment
A Provisional Sum shall be included for Contract Price Adjustment in the Summary of Schedules to
make provision for contract price adjustment in terms of the Conditions of Contract. The value of
the Provisional Sum shall be based on the percentage of the subtotal value as specified in the
Summary of Schedules. No percentage mark-up will be applicable to any payments made in this
regard.
PSA7.3 Salary for Labour Desk Officer and Community Liaison Officer
A Provisional Sum has been included in Schedule 2 for a salary to be paid to the Labour Desk
Officer and Community Liaison Officer.
In addition to the abovementioned amount, provision is made in Schedule 2 for a mark-up on the
amount to be paid. The mark-up shall be regarded as full compensation for overheads, charges
and profits as provided for in the Conditions of Contract.
PSA7.4 Artisans and Skills Training
A Provisional Sum has been included in Schedule 2 for payments to be made to specialists for the
training of unskilled or semi-skilled persons in industry accredited management and generic skills.
Payment to the Contractor will be based on invoices certified by the Engineer and issued by training
specialists to the Contractor for work undertaken in terms of this item.
In addition to the above amount, provision is made in Schedule 2 for a mark-up on any payments
made by the Contractor in this regard. The mark-up shall be regarded as full compensation for
overheads, charges and profits as provided for in the Conditions of Contract.
PSA7.5 Telephone Calls and Rental
A Provisional Sum has been included in Schedule 2 for telephone calls and facsimile transmissions
for the Engineer’s Representative. The Engineer’s representative will provide his own cellular
telephone for the contract. Payment will be based on call and rental costs, but excluding any
deposits and installation costs which shall be priced under the preliminary and general items.
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PSA-8
In addition to the above amount, provision is made in Schedule 2 for a mark-up on any payments
made by the Contractor. The mark-up shall be regarded as full compensation for overheads,
charges and profits as provided for in the Conditions of Contract.
PSA7.6 Acceptance Control Testing
A Provisional Sum has been included in Schedule 2 for acceptance control testing ordered by the
Engineer to be undertaken by a commercial laboratory. Payment will be based on the actual
invoicing by the laboratory to the Contractor.
In addition to the abovementioned amount, provision is made in Schedule 2 for a mark-up on any
payments made by the Contractor in this regard. The mark-up shall be regarded as full
compensation for overheads, charges and profits as provided for in the Conditions of Contract.
PSA7.7 Office Consumables for Engineer’s Site Facility
A Provisional Sum has been included in Schedule 2 for the appointment and payment of office
consumables for Engineer’s site facility.
In addition to the abovementioned amount, provision is made in Schedule 2 for a mark-up on the
amount to be paid. The mark-up shall be regarded as full compensation for overheads, charges
and profits as provided for in the Conditions of Contract.
PSA7.8 Electronic equipment for Engineer’s office
A Provisional Sum has been included in Schedule 2 for the appointment and payment of a specialist
sub-contractor for electronic equipment for Engineer’s site office.
In addition to the abovementioned amount, provision is made in Schedule 2 for a mark-up on the
amount to be paid. The mark-up shall be regarded as full compensation for overheads, charges
and profits as provided for in the Conditions of Contract.
PSA7.9 Relocation of Existing Services
A Provisional Sum has been included in Schedule 2 for the relocation of existing services by
specialists if and when required and ordered by the Engineer.
The mark-up shall be regarded as full compensation for overheads, charges and profits as provided
for in the Conditions of Contract
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PSA-9
PSA7.10 Specialized Services
A Provisional Sum has been included in Schedule 2 for the appointment and payment for
specialized services if and when required. These may include all work required by the following
specialists:
Landscaping and hydro seeding;
CCTV;
Geotechnical surveys and inspections;
Land Surveyor; and
Acceptance control testing of pipework, coatings and linings.
In addition to the abovementioned amounts, provision is made in Schedule 2 for a mark-up on the
amount to be paid. The mark-up shall be regarded as full compensation for overheads, charges
and profits as provided for in the Conditions of Contract.
PSA8 PRIME COST ITEMS (Clause 8.6)
PSA8.1 Materials for Dayworks
A Provisional Sum has been included in Schedule 2 for materials to be used during the execution of
dayworks. In addition to the abovementioned amount, provision is made in Schedule 2 for a mark-
up on the materials used during the execution of the dayworks by the Contractor. Payment made
shall be regarded as full compensation for overheads, charges and profit on the materials that are
used when executing dayworks.
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PSAB-1
PSAB ENGINEER'S OFFICE
PSAB1 NAME BOARDS (Clause 3.1)
Two name boards conforming to the standard requirements of the South African Association of
Consulting Engineers and as shown on drawing must be provided and erected at points to be
designated by the Engineer.
PSAB2 OFFICE BUILDING (Clause 3.2)
One office facility shall be provided and furnished for the Engineer’s Representative and
maintained for the duration of the contract
Upon completion of the Works, ownership of all buildings, furnishings and equipment specified
herein shall revert to the Contractor who shall remove same from Site.
PSAB3 TELEPHONE (Clause 5.4)
A prime cost item has been allowed in Schedule 2 to cover all call and rental costs that are
associated with the provision of this facility for the Engineer’s Representative. The contractor shall
include the invoice as provided by the Engineer in the monthly payment claim.
PSAB4 TESTING
PSAB4.1 General
No laboratory building or fittings are required by the Engineer. The Engineer will arrange
separately with a commercial laboratory of designate specialists to carry out all acceptance control
testing, excepting for density control test and moisture content determinations. The Contractor
shall remain responsible to carry out the process control testing required by the Standardised,
Particular and Project Specifications.
PSAB4.2 Laboratory Equipment
The Contractor shall supply the following equipment for the duration of the Contract.
(a) A Troxler nuclear system, complete with accessories and stored in a suitable transit case as
supplied by the manufacturer. A detailed description of the unit and principals of operation
should be given in the manual for the nuclear instrument.
(b) Six concrete cube moulds, 150mm nominal size, as well as a suitable concrete cube curing
basin to keep all concrete cubes submerged in water for at least 28 days.
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PS-2
PSAB5 SURVEY ASSISTANTS (Clause 5.5)
One suitably educated Survey Assistant shall be made available for the sole use of the Engineer's
Representative for the duration of the Contract. The assistant may also be required to fulfil the
function of Community Liaison Officer during the Contract should the Engineer consider this
arrangement to be in the interests of the Employer. The Survey Assistants may therefore have to
be appointed from the local communities. Transport shall be supplied for the Survey
Assistant/Community Liaison Officer by the Contractor for the duration of the Contract should he be
requested to do so. In such event payment will be made at scheduled dayworks rates.
PSAB6 SURVEY EQUIPMENT
The survey equipment listed below shall be made available and be maintained in good condition for
the exclusive use of the Engineer or his Representative for the duration of the Contract. Payment
will be made as provided for in the Time Related Items included in Schedule 1.
(a) Automatic surveyor's level complete with tripod and leather carry
case such as Zeiss N1-2 or equivalent 1 No.
(b) 20-second tachometer with optical plumbob complete with tripod
and leather carry case such as Sokkisha TM20C or equivalent. 1 No.
(c) Nylon-coated steel surveyor's tape 100 m long and 10 mm wide 1 No.
(d) 5 m long steel tape 1 No.
(e) 5 m long three-piece telescopic survey staves (metric double-face)
complete with angle bracket level 2 No.
(f) Survey books: Level 3 No.
(g) 2 kg hammer with rubber handle 1 No.
(h) Steel pegs, 300 mm long and 12 mm dia 120 No.
(i) Aluminium tags, 100 mm long, 15 mm wide and 2 mm thick 120 No.
(j) Reverse polar notation pocket calculator (Hp32SII or similar) 1 No.
(k) Change point 2 No.
(l) Measuring wheel 1 No.
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PS-3
(m) Tripod holders for ranging rods (heavy duty) 2 No.
(n) Optical square (Sokkisha or Wild), complete with
telescopic aluminium rod and bubble 1 No.
(o) “Rabone” steel tape 10 meters long and 13 mm wide 1 No.
(p) Triangular change plate with chain 2 No.
(q) 100m long 50 kg strength fish line 1 No.
(r) One metre long spirit level 1 No.
(s) Three metre aluminium straight edge 1 No.
PSAB7 CARPORTS
The Contractor shall provide and maintain carports as indicated on the detailed on the drawing
mentioned in PSAB2 for the duration of the Contract. The floor shall consist of crushed aggregate
to alleviate dusty and muddy conditions.
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PSD-1
PSD EARTHWORKS
PSD1 SAFEGUARDING OF EXCAVATIONS (Sub-Clause 5.1.1.2)
Any cost the Contractor may undergo in ensuring the safety of excavations or any additional
excavation and backfilling he may have to undertake due to the unstable sides of excavations and
trenches shall be held to his account and the various rates for excavation and trenching included in
the Schedule of Quantities shall include full compensation therefore.
PSD2 EXPLOSIVES (Sub-Clause 5.1.1.3)
Add the following to the sub-clause:
“The Contractor shall record for the information of the Engineer the spacing and loading of the
charge in each blast. Compliance with this requirement will not relieve the Contractor of any
responsibility as provided for in this sub-clause”.
PSD3 DISPOSAL OF SURPLUS MATERIAL (Sub-Clause 5.1.4.3 and 5.2.2.3)
Add the following to the sub-clause:
“All surplus or unsuitable materials arising from trench excavations shall be spoiled and neatly
spread and levelled along the route of the pipeline so as not to interfere with future works nor to
disrupt the natural overland flow of storm runoff. Rocks, trees, debris and other unsightly material
from trench excavations shall be disposed of at a suitable spoil site. Where the pipeline is laid
within a road reserve the route of the pipeline shall be finished neatly to be flush with the natural
ground level or finished sidewalk level as may be applicable.
The Contractor shall be responsible to make his own arrangements for a suitable spoil site”.
PSD4 ACCOMMODATION OF TRAFFIC (Sub-Clause 5.1.6)
The Contractor shall tender a lump sum in Schedule 3 for accommodating traffic during the
duration of the Contract, which sum shall cover all his obligations in this regard, including but not
limited to temporary barricades; the erection and re-erection of existing and/or temporary traffic
signs; lights and flagmen for the guarding and protection of the Works; and for making all
necessary arrangements with the applicable traffic authorities. Payment shall be made monthly
pro-rata to the overall progress of the Works.
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PSD-2
PSD5 BORROW PITS (Sub-Clause 5.2.2.2)
The Contractor shall be responsible for making his own arrangement regarding the provision of
pipe bedding material, if required, from commercial borrow pits. The Contractor shall provide in his
tender prices for all royalties payable and for the transport of the material to site.
PSD6 HAUL AND SPOIL ROADS (Sub-Clause 5.2.2.2)
The Contractor shall be responsible for the opening up and closing down of designated borrow pits.
The Engineer will obtain the necessary permissions and authority to utilise such borrow pits. The
Contractor in turn shall in all respect comply with the various requirements of SABS 1200D and of
the Minerals Act (No 50 of 1991 in relation to the opening up, closing down and utilisation of borrow
pits. Except for the crushing or screening of materials in accordance with the written instructions of
the Engineer, and for royalties should such become payable, no additional payment will be made
for excavating or processing material from designated borrow pits, regardless of the hardness or
other properties of the material.
PSD7 FREEHAUL AND OVERHAUL (Sub-Clause 5.2.5)
Overhaul will only be payable on the transportation of imported material from borrow pits
designated by the Engineer. The free haul distance shall be 0.5 km. all overhaul beyond the free
haul distance of 0.5 km will be measured as long overhaul and no limited overhaul will be
measured.
END OF SECTION
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PSDB EARTHWORKS (PIPE TRENCHES)
PSDB1 ACCOMMODATION OF TRAFFIC (Sub-Clause 5.1)
See Clause PSD1.
PSDB2 SPECIAL WATER HAZARDS (Sub-Clauses 5.1.2.2)
Where ground water is present during construction to such an extent that it could hamper the
placing and consolidation of the granular or concrete bedding, as specified on the drawings, or
would cause buoyance of the pipes, the contractor is to notify the Engineer immediately, who will
authorise the importation of crushed stone bedding material from commercial sources in order to
assist with dewatering during bedding, laying and backfilling operations associated with the
pipeline, if he deems it necessary. In severe cases, and should the Engineer so instruct, the stone
bedding should be wrapped in a suitable geotextile such as Kaymat U24 or similar approved. A
suitably outlets point for the expulsion of underground water, intercepted by such as underdrain,
must be identified and an outlet structure constructed to the approval of the Engineer to facilitate
the release of such water.
Crushed stone bedding material shall consist of nominal 19 mm crushed stone complying with the
grading as specified for stone or concrete in Table 5 of SABS 1083 ( as amended) and shall be
well compacted in order to provide a uniform support of the pipe barrel.
At points designated by the Engineer, sumps shall be formed in the trench bottom from which
ground water can be pumped in order t maintain the water table below the pipe bedding level
during construction. The contractor shall, if instructed, establish on site, operate and remove on
completion, dewatering pumps of 25 l/s, which shall be paid for under the applicable item allowed
in Schedule 2 for this purpose. Length of trench opened at any one stage shall be limited by the
dewatering capacity of the pump.
PSDB3 ACCOMMODATION OF TRAFFIC (Sub Clause 5.1.3)
See Clause PSD4
PSDB4 EXITING SERVICES (Sub Clause 5.1.4)
Where any exiting service occurs within the specified trench excavation, and the presence of such
service is known before being uncovered, then the protection of the service will be scheduled and
measured as provided for in Clause 8.3.5 of 1200DB. Only known services (as defined in Clause
5.4 of 1200A) shall be measured for payment.
The removal pf and the protection of existing services that are abandoned and which will not be
included in the permanent works will not be measured for payment.
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PSDB-2
Where an unknown existing service is damaged during construction, and the Engineer orders that
the Contractor should undertake the repair of such service, then such repair will either be
measured and paid as dayworks or alternatively as a contractual variation in terms of Clause 40 of
the General Conditions of Contract.
No construction activity which may affect the integrity of telephone or electrical poles or stays may
be carried out without the prior written approval of the Engineer, which approval shall only be given
subject to the acceptance of a modus operandi that will ensure the integrity of such structures
during construction.
PSDB5 TRENCH WIDTHS (Sub-Clauses 4.1 and 5.2)
Trenches in general shall not exceed the widths laid down in Sub-Clause 8.2.3. If trenches exceed
the specified width the Contractor shall be liable for the cost of any thicker pipes or more expensive
bedding which may be required as a result of the additional trench width.
PSDB4 TRENCH BOTTOMS (Sub-Clause 5.5)
Replace the first paragraph of this sub-clause "Material that .......... compacted as directed" with the
following:-
Where a firm foundation cannot be obtained at the grade indicated due to soft or unsuitable
material, the Engineer may instruct the Contractor to remove such unsuitable material and to
backfill the excess depth with approved selected material or concrete, as directed by the Engineer
in each particular case, at the cost of the Employer. Backfill other than concrete, shall be placed in
layers of 100 mm uncompacted thickness, each layer thoroughly compacted to the entire
satisfaction of the Engineer, to provide adequate support for the pipe bedding to be placed on top
of it.
Should the Contractor remove more ground than is required to secure the proper grade of the
pipeline, the Contractor must, at his own cost, backfill the excess excavation with approved
selected material or concrete, as directed by the Engineer in each particular case.
No pipes, concrete screeds, concrete bed or bedding material shall be laid in any trench before the
trenches are have been inspected and approved by the Engineer’s Representative.
PSDB7 DISPOSAL OF EXCAVATED MATERIAL (Sub-Clauses 5.6.3 and 5.6.4)
All surplus or unsuitable materials arising from excavation shall be spoiled and spread within or
adjacent to the Site of the Works or when ordered by the Engineer be spoilt at a spoil site
established by Contractor.
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PSDB-3
PSDB8 FREEHAUL AND OVERHAUL (Sub-Clause 5.6.8)
The provisions of Clause PSD7 will apply.
PSDB9 AREAS SUBJECTED TO TRAFFIC LOADS (Clause 5.7.2)
The requirements of Clause 5.7.2 shall apply only to pipes and sleeves crossing streets or paved
areas and pipes running parallel to the road as described below.
All service trenches running parallel to the road of which the roadside edge of the trench is located
less than 1,4 m away from the edge of the travelled way, will be subject to the requirements for the
above mentioned clause.
The measurement and payment will apply to the full trench width. Pipes and sleeves crossing
streets or paved areas will be measured and paid for to a length equal to the width of road or length
of pavement crossed plus 1,4 m either side of the travelled edges.
Compaction of other pipe trenches running parallel to the roadway shall be considered areas
subject to traffic loads only where instructed by the Engineer in writing. The volume will be
computed from the minimum base width determined in accordance with Sub-Clause 5.2 and the
depth from the top of the back fill to the top of the bedding as specified in Sub-Clause 8.3.3.1.
PSDB10 REINSTATEMENT OF ROASD AND PAVED AREAS (Clause 3.6 and 5.9.4)
Pipe trenches through the existing bitumen surfaced roads shall be reinstated with a 150mm upper
selected subgrade layer compacted to 93 % mod AASHTO density, followed by a 150mm sub base
layer compacted to 95 % mod AASHTO density and a 150mm graded crushed stone base
compacted to 98 % of mod AASHTO density. The road shall be provided with a 25mm thick
asphalt seal.
The upper selected subgrade layer shall have a CBR of at least 15, a grading modulus of at least
0, 75 and a maximum PI of 12. The subbase shall conform to SABS 1200 ME and the base to
SABS 1200 MF.
Apart from the re-installing of tarred road surface, the contractor shall also be responsible for the
re-instatement of any kerbing, channelling, paving and side drains in public street and places
disturbed by the contractor during excavation and, until the expiry of the maintenance period, who
shall make good at his own expenses all subsidence’s that may occur and shall bear the cost of
any and all re-surfacing and re-instatement work required or deemed necessary by the Engineer.
The contractor shall remove all paving blocks from the drive ways before excavating across the
drive way, and store and protect these blocks. After backfilling has been completed he will reinstate
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PSDB-4
the paving in the driveway to match the existing paving. He shall obtain written confirmation from
the relevant resident that the driveway has been reinstated satisfactorily.
The contractor shall remove grassing in the sods from the sidewalks before excavation takes place,
stack, and water and protect the sods. After backfilling has been completed he will rein-instate the
grassed areas, using sods, the satisfaction of the Engineer. These re-installed areas must be water
for a period of 14 days after re-instatement.
Crushed stone sidewalks shall be re-instated to match the surrounding crushed stone sidewalk
areas, all the satisfaction of the Engineer.
PSDB11 EXCAVATION IN WETLAND AREA
For pipelines crossing the wetland perpendicular to the surface water flow direction, the topsoil,
including the first 300 mm of soil is to be stockpiled on one side of the trench, whilst the remaining
excavated soil is stockpiled on the opposite side. After installation of the pipe the latter must be
backfilled to an approximate depth of 300 mm from the natural ground level, after which the top soil
would be replaced.
For pipelines running parallel to the surface water flow direction, “trench breakers” (bags filled with
river sand/bentonite mix) are to be placed around the pipe in the trench, spaced at 50 m interval.
In all cases, the area disturbed during the excavation of the pipe trenched should be seeded with a
suitable mix of indigenous, locally occurring grass to prevent soil erosion.
PSDB12 MEASUREMENT AND PAYMENT (Clause 8.3.2)
Trench excavations shall be measured volumetrically (irrespective of length) in depth increments
as follows;
a) Up to 1.5m
b) Exceeding 1.5 m but not exceeding 2.5 m
c) Exceeding 2.5 m but not exceeding 3.5 m
d) Exceeding 3.5 m but not exceeding 4.5 m
The volume for each of the above payment items is determined by multiplying the length of the
trench falling within the depth range (as determined in accordance with the drawing DB-2 of SABS
1200DB) by the total trench and the trench width (as determined by SABS 1200 DB clause 5.2)
using any recognised method such as the end area or the Sympson’s method, determining depths
at no more than 20 m intervals.
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Payment for the excavation and backfilling of trenches shall be made at the tendered rates and at
the following stages of the construction:
i) upon completion and approval of the trench bottom, prior to bedding : 40 %
i) upon completion and approval of top of selected backfill: 70 % (cumulative)
ii) upon completion and approval of the main fill: remaining 30 %.
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PSDK GABIONS AND PITCHING
PSDK1 PITCHING (Subclause 3.2.1.2)
Type of pitching shall be Grouted Ordinary Stone Pitching, unless otherwise instructed by the
Engineer.
PSDK2 GEOTEXTILE (Subclause 3.1.4)
Shall be Bidim U24, or similar approved.
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PSG CONCRETE (STRUCTURAL)
PSG1 SCOPE (Sub-Clause 1)
This specification covers the requirements for water retaining structural concrete for civil engineering
work.
PSG2 INTERPRETATIONS
PSG2.1 Definition (Sub-Clause 2.3)
For purpose of this Clause the following structures will be regarded as water retaining structures:
All Manholes
The Standard Specification shall be applicable to all other concrete structures not mentioned
above.
PSG2.2 Explanation of Terms
PSG2.2.1 Exposure Conditions
For the purpose of this Specification, Water retaining structures shall be deemed to be classified
under clause 2.4.1.3 (severe conditions) as specified in SABS 1200 G unless specified otherwise in
the project specification.
PSG3 CEMENT
PSG3.1 Applicable standards (Sub-Clause 3.2.1)
All cementitious material used in concrete shall comply with the following standards, as relevant:
Common cements
SABS ENV 197-1:1992 Cement B composition, specifications and conformity criteria B Part 1:
Common cements
Cement extenders
SABS 1491: Part I-1989 Ground granulated blast furnace slag
SABS 1491: Part II-1989 Fly ash
SABS 1491: Part III-1989 Condensed silica fume
PSG3.2 Alternative types of Cement (Sub-Clause 3.2.2)
Only CEM II B-V shall be used in water retaining structures. The target Fly Ash content shall be 25-
30%.
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Other types of cementitious material may be used only if specifically approved by the Engineer.
PSG4 AGGREGATES (Sub-Clause 3.4)
The following additional requirements shall be applicable to water retaining structures:
PSG4.1 Fine Aggregate
Samples of the proposed fine aggregate shall be submitted to the Engineer for his approval before
use.
The Contractor shall submit a sieve grading analysis to the Engineer for approval and if
unacceptable, the Contractor shall offer another sample and grading for approval, or may blend
aggregate from different sources and submit the blend for approval.
The water demand of the fine aggregate shall not exceed 195 ℓ/m³.
Fine aggregate shall be stored on a concrete surface and washed sand shall be allowed to drain for
at least 24 (twenty-four) hours before use. The Engineer may require the Contractor to test the sand
daily (or more frequently if necessary) for moisture content, impurities and grading before use.
PSG4.2 Coarse Aggregate
The voids ratio of the coarse aggregate shall not exceed 47 % (forty-seven per cent). Single sized
aggregates shall be stored on a concrete surface in separate stock piles, according to size. The
proportions of the various single sized aggregates required for the various portions of the work shall
be submitted by the Contractor for the Engineer’s approval.
PSG5 CONSTRUCTION
PSG5.1 Reinforcement
The following additional requirements shall be applicable to water retaining structures:
PSG5.1.1 Fixing (Sub-clause 5.1.2)
The use of plastic spacer blocks will not be allowed. Concrete spacer blocks, of same mix
design as the strength concrete, shall be used.
"The Engineer will inspect the reinforcing after it has been fixed in place, the formwork has been
cleaned, cover blocks have been positioned, and before concreting commences.
Welding of reinforcing steel will not be permitted."
PSG5.1.2 Cover (Sub-clause 5.1.3)
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In water retaining structures the exposure condition of a reinforcing bar closest to the face in direct
contact with water or soil backfilling, shall be classified as severe.
It should be noted that in some water retaining structures only one face of the structural elements will
be in contact with water.
The nominal concrete cover is generally 50mm, unless otherwise specified on the Drawings.
The soffit of a slab suspended above the water (e.g. a reservoir roof) will be treated as being in
contact with the water for the purpose of determining the cover.
PSG5.2 Concrete
PSG5.2.1 Strength concrete (Sub-Clause 5.5.1.7)
It is a requirement that the Contractor employ the services of an approved specialist to recommend
design mixes compatible with the Specification. The preferred specialist shall confirm in writing:
(a) The proposed concrete mix is suitable for water retaining structures with aggressive
(waste) water being retained;
(b) The proposed concrete mix is of grade 35/19 (minimum).
No concrete shall be placed until the Contractor’s concrete mix design has been approved by the
Engineer. The Contractor shall submit to the Engineer a statement of the mix proportion proposed,
together with a report from an approved testing laboratory, showing the 28 day concrete strength
obtained when using the materials proposed for the work.
The strength determinations shall be based on not less than three concrete test specimens.
When the Contractor can furnish reliable test records of concrete of a quality at least equal to that
specified, having been made with materials from the same sources and of the same qualities as he
proposes to use, the Engineer may waive all or part of the strength tests required in the above
paragraph.
The preparation of the 150 mm test cube specimens and the sampling techniques shall be in
accordance with the relevant SABS specification.
Concrete for water retaining structures shall be class (min) 35MPa/19mm concrete and shall have a
cement/water ratio not less than 2.2 and a cement content of 420 kg/m³.
Admixtures may be used to increase the workability of the concrete but only with the express
approval of the Engineer and when the details of the active ingredients of the admixture and their
effects are supplied to the Engineer for approval before use. No additives likely to impair low
permeability of the concrete will be approved. Calcium chloride or admixtures containing chlorides
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may not be used in concrete for water retaining structures. Other admixtures and constituents may
only be used with the approval of, or as specified by the Engineer.
PSG5.2.2 Placing (Sub-Clause 5.5.5)
Panels between construction joints shall be cast alternatively.
PSG5.2.3 Construction Joints (Sub-Clause 5.5.7)
The following additional requirements shall be applicable to water retaining structures:
The Engineer may allow the Contractor to cut an additional straight construction joint if it is possible
without prejudicing the water tightness of the structure. The additional construction joint shall be
sealed with the same seal that is specified for planned construction joints at the expense of the
Contractor.
Construction joints in reinforced concrete walls, embankments, etc. shall consist only of horizontal
joints. If under abnormal conditions a vertical construction joint is unavoidable it may only be
constructed with the approval of the Engineer.
Construction joints shall only be placed at intervals shown on the drawings or as directed by the
Engineer. The exact position of construction joints shall be marked on the formwork in order to
obtain truly horizontal joints.
Preparation of Surface
Prior to placing any further concrete the joint must be clean, damp and free of latance. During the
period when the concrete is still green, all loose material shall be removed, without disturbing the
aggregates, by light brushing. Where this is not possible, or if the concrete has already set, the
surface film shall be removed by mechanical means appropriate to the degree of hardness of
concrete so as to expose the aggregate over the entire surface and leave a sound, irregular surface.
Before Placing Concrete
Where the concrete of the previous lift is more than 3 days old, it shall be kept continuously wet
before the mortar and fresh concrete is placed.
On all construction joints the following steps shall be taken after the surface has been prepared and
at the most, 30 minutes before placing the concrete:
(i) Remove all surface water with an air hose and dry sprinkle waterproofing additive
(Vandex Premix or similar approved) at 9,8 kg per m².
(ii) Place a layer of approximately 10 mm thickness consisting of cement, sand and water mixed
in the same proportions as used in the concrete.
(iii) Place concrete within 30 minutes.
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PSG5.2.4 Curing and Protection (Sub-Clause 5.5.8)
SABS 1200 G Clause 5.5.8 will be deleted for the purpose of this Specification and replaced with the
following:
“All concrete other than blinding concrete shall be maintained continuously saturated for at least ten
days or as directed on the drawings immediately after placement or after stripping formwork in the
case of walls, by methods which shall receive the prior written approval of the Engineer if different
from the following:
a) For floors
Ponded water with a minimum depth of 30 mm.
b) For Columns and Walls
Continuously saturated heavy jute sacking or other approved absorbent material maintained
in contact with the concrete surface by fastenings spaced at not more than 2 m centres.
c) For Floors and Columns
Covering the previously saturated surfaces with approved plastic sheets maintained in
contact with the concrete surface and with all edges and joints sealed by methods approved
by the Engineer.
Where the ambient temperature is below 4°C the curing period of 10 days or as directed on
the drawings, will be extended by 72 hours.
Newly cast concrete sections shall not be used for supporting loaded wheel-barrows,
monorails, material or scaffolding, etc., until permission is obtained from the Engineer.”
PSG5.2.5 Adverse Weather Conditions (Sub-Clause 5.5.9)
(a) Concreting in cold weather
During cold weather no material having a temperature below 5° C shall be used for making concrete.
No concrete shall be placed when the ground or air temperature is below 2° C or if the ground or air
temperature is likely to fall below 2° C within 6 (six) hours of placing the concrete.
The temperature of placed concrete shall not be allowed to fall below 5° C until the concrete has
attained a strength of at least 5 Mpa, and the Contractor shall be responsible for all the necessary
protective measures to ensure this. All concrete that has been damaged by frost or by the formation
of ice in the concrete shall be removed and replaced by the Contractor at his own expense.
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(b) Concreting in hot weather
During hot weather, the temperature of the concrete, as placed, shall not exceed 30°C. The
Contractor shall ensure that the placing of the fresh concrete does not exceed the ambient
temperature by more than 5°C. Where necessary this shall be accomplished by shading aggregate
stockpiles, shading or insulating water pipes and water storage tanks.
PSG5.2.6 Concrete Surfaces (Subclause 5.5.10)
(a) Wood-Floated Finish
Where wood floating is specified or scheduled, the surface shall first be given a finish as specified in
Sub-Clause 5.5.10.1 of SABS 1200 G after the concrete has hardened sufficiently, it shall be floated
to a uniform surface free of trowel marks. The screeded surface shall be wood-floated, either by
hand or machine, only sufficiently to produce a uniform surface free from screed marks.
(b) Steel-Floated Finish
Where steel is specified or scheduled, the surface shall be treated as specified in PSG6.1 except
that, when the moisture film has disappeared and the concrete has hardened sufficiently to prevent
laitance from being worked to the surface, the screeded surface shall be steel trowelled under firm
pressure to produce a dense, smooth uniform surface free from trowel marks.
(c) Power-Floated Finish
Where power floating is specified or scheduled, the surface shall be treated as specified in PSG6.1
except that the screeded surface shall be power-floated to produce a high quality dense, smooth,
uniform surface free from trowel marks.
PSG5.2.7 Watertight Concrete (Sub-Clause 5.5.11)
(a) Construction Joints (Sub-Clause 5.5.7)
Joints are the concrete at which special measures are taken to achieve subsequent continuity are
termed construction joints. Construction joints will be permitted only where shown on the drawings
or approved by the Engineer and shall be formed true to line on all formed or exposed surfaces.
Horizontal joints shall be formed by casting against a timber or metal former. Recesses shall be
formed as detailed on the drawings. Where detailed on the drawings, galvanized metal strips or
waterbars shall be cast into the joints. No unplanned construction joints will be allowed. If a
breakdown occurs, the contractor shall strip the shuttering as soon as possible and break out all
concrete up to the previous planned construction joint.
Except in the case where movement joints are required, the entire joint contact area of the concrete
already placed shall be thoroughly roughened by chipping with sharp chipping picks before placing
concrete against the surface. This surface will not be accepted unless the coarse aggregate projects
5 mm beyond the surrounding matrix. In this connection approved light pneumatric or electric tools
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are preferred provided that no structural damage is done to the concrete being chipped: otherwise
hand tools are to be used. Chipping shall not be commenced until at least 48 (forty-eight) hours after
the concrete was placed.
Alternative methods of preparing the surfaces of construction joints to those given above will be
considered. The Contractor shall submit proposed alternative methods of achieving the roughened
surface required to the Engineer for approval.
Should the Engineer at any time withhold or withdraw permission for alternative methods to be used
then the Contractor shall prepare the surfaces of construction joints in accordance with the above
specification.
Immediately before the adjoining concrete is placed, the chipped surface shall be thoroughly cleaned
by brushing and washing and then thoroughly wetted.
At the discretion of the Engineer the percentage of coarse aggregate of the mix may be slightly
reduced in a layer not exceeding 200 mm in depth immediately above the chipped surface of a
horizontal construction joint. Suitable temporary openings shall be left in the shuttering to allow for
the removal of sawdust, shavings, nails, debris, etc.
The application of compounds to the surfaces of stop ends at vertical joints to retard the setting of a
film of concrete in contact with the stop end will be permitted subject to the Engineer’s approval of
the compound to be utilized and the Contractor’s methods for the application of the same.
Movement Joints
Movement joints shall be formed where shown on the Drawings.
Movement joints shall be formed true to line and shall be thoroughly cleaned of all accretions of
concrete or other foreign matter by scraping or other approved means. The surfaces in contact with
joint sealing material shall be prepared strictly in accordance with the manufacturer’s Specification.
Care shall be taken to ensure that the waterbars are in perfect contact with well compacted void-free
concrete throughout, particularly on horizontal joints where special procedures shall be adopted for
placing and compacting concrete under the waterbars, to the approval of the Engineer.
WATERPROOFING OF CONCRETE JOINTS
Three different systems of waterproofing (or construction of systems) exist and the appropriate
system (or combination) will be applied as specified on the drawings: The three systems are:
a) Waterproofing with hypalon bandage system
b) Waterproofing with waterbars
c) Waterproofing with surface sealants
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(i) Hypalon system
Hypalon bandage joint sealing system shall be the Sikadur-Combiflex Hypalon bandage
system as supplied by Sika (Pty) Ltd.
The joint shall consist of 2 mm thick Combiflex Hypalon sheeting, 200mm and 250mm wide,
as shown on the drawings. The Hypalon sheeting shall have a tensile strength of 6N/mm²
and an elongation at failure of not less than 400%.
The Hypalon sheeting shall be bonded to the concrete with Sikadur 31 two component,
solvent free, moisture intensive, high viscosity, epoxy paste adhesive.
(ii) Waterbars
Except where otherwise specified waterbars shall be manufactured from virgin polyvinyl
chloride complying with BS 2571: latest amendment (Class 3 compounds) and the Tenderer
shall provide full details of the composition and properties of the material in the relevant
annexure where applicable.
Samples of waterbars shall be submitted for approval and all material subsequently supplied
shall be identical in size, shape, colour and quality to the approved sample. The waterbar
shall be of uniform cross-section and size and shall have lugs welded at 1m centres on both
edges of the waterbar to hold it securely in position during concreting operations.
It shall be possible for all sizes of waterbar to be turned through a 75mm radius without
damage or permanent set to the waterbar.
Joints in waterbars shall be kept to a minimum by the use of the longest possible lengths.
Waterbars shall be held to the required shape, lines, etc, in suitable formwork: site joints
shall be bonded as directed by the manufacturer in such a way as to form a continuous
watertight seal free from pin holes at any point of the length or width of the strip.
Formwork shall be designed to accommodate the waterbars without subsequent bending
and the waterbars shall be adequately supported and protected from damage and sunlight
until finally encased in concrete.
Waterbars shall be tested in accordance with BS 2782 and ISO R527.
(iii) Waterproofing with surface sealants
a) General
A groove of dimensions specified shall be formed, where indicated, and sealed by an
approved sealant. The sealant shall be non-toxic and shall be either a hand applied
bitumen putty sealant or a polysulphide sealant. The type of sealant to be specified
on the drawings and the product to be used shall be approved by the Engineer.
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b) Bitumen Putty Sealant
All joints shall be clean, dry and free of latance. The concrete shall be at least four
weeks old. The joint surfaces shall then be primed by an ancillary product and the
sealant applied as per the suppliers specification. Special precautionary measures
shall be taken to acquire a neat finish by covering the face edges of the joint with
masking tape before priming. Any excess material will be cut away and finished flush.
c) Polysulphide Sealant
All joints shall be clean, dry and free of latance. Prime joint face if required – following
the suppliers specification. Apply the sealant and finish off flush with the concrete
surface.
PSG6 MISCELLANEOUS
PSG6.1 Porous concrete/No-fines concrete
Porous or no-fines concrete shall be laid under foundations and floor slabs and behind walls, etc,
where shown on the drawings and where directed by the Engineer. Porous concrete shall be placed
behind shuttering to form a vertical layer against the external face of foundations etc where shown
on drawings and where directed by the Engineer. The thickness of the horizontal, sloping and
vertical layers shall not be less than that shown on the drawings.
The exposed faces, both horizontal and vertical, of the porous concrete shall be finished with a
cement mortar seal where reinforced concrete is to be cast against it. The porous concrete shall be
sealed with a 10mm thick layer of mortar composed of one part normal portland cement to two parts
of fine aggregate by mass, trowelled on before the porous concrete has hardened, and finished with
a screed to provide a smooth, uniform plane surface without filling any of the internal voids of the
porous concrete. The surface of the seal shall have a steel or power float surface.
The schedule rates for porous concrete shall include the cost of mortar seal and steel float finish.
Porous concrete shall comprise water, cement, coarse aggregate and not more than 5% (five
percent) by mass of fine sand. The voids ratio of porous concrete shall not be less than 27.5%
(twenty-seven and one half) percent. Testing of porous concrete shall be carried out in accordance
with test method 3 of BS 1881 Part 3 – 1970.
(a) Classes of no-fines concrete
No-fines concrete shall be classified by the prefix NF and the size of aggregate to be used.
Class NF 19 means a no-fines concrete with a 19 mm nominal size aggregate.
The volume of aggregate per 50 kg of cement for each class of concrete shall be as follows:
Class Aggregate per 50 kg cement
NF 38 0,33 m²
NF 19 0,30 m²
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NF 13 0,27 m²
(b) Batching and Mixing
Cement shall be measured by mass or in full pockets of 50 kg each and aggregate shall be
measured by volume in approved measuring boxes or barrows.
The aggregate shall be moist or wetted before the cement is added. Where drum mixers are
used, about 20% of the water shall be poured into the drum before the aggregate and cement
are loaded. The mixing time in the drum shall be about 45 to 50 seconds.
The quantity of water added shall be just sufficient to form a smooth grout which will adhere to
and completely coat each and every particle of aggregate, and which is just wet enough to
ensure that, at points of contact of aggregate, the grout will run together to form a small fillet to
bond the aggregate together. The mix shall contain no more than 20 liters of water for every
50 kg of cement.
Mixing shall be done in an approved batch-type mechanical mixer, but small quantities may be
hand-mixed.
(c) Placing
No-fines concrete shall be placed in accordance with the procedure approved by the Engineer.
It shall be placed in its final position within 15 minutes of having been mixed.
The concrete shall be worked sufficiently to ensure that it will completely fill the space to be
concreted and that adjacent aggregate particles are in contact with one another. Excessive
tamping or ramming shall be avoided and under no circumstances shall the concrete be
vibrated.
(d) Protection
All no-fines concrete shall be protected from the elements and loss of moisture. Protection
against loss of moisture shall be accomplished by one or more of the following methods:
Retaining formwork in place
Covering exposed surfaces with sacking or other approved material kept continuously
wet
Covering exposed surfaces with plastic sheeting
No-fines concrete placed during cold weather shall be adequately protected against frost for at
least 3 days.
(e) Measurement and Payment
Cast-in-situ no-fines concrete (state class) ........................................................ Unit: m³
The provisions of sub-clause 8.1.3 of SABS 1200 G shall apply mutatis mutandis.
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PSG6.2 Bond breaker
Where indicated on the drawings, site or porous concrete under floor slabs and wall footings etc.
shall be covered with a bond breaker consisting of 250 micron tear resistant damp proof membrane
to SABS 952 (1969) C having 150mm laps and pierced at 1m intervals to allow the passage of water.
PSG6.3 Pipe work
All pipe specials shall be cast in by the Contractor. Special care shall be taken to maintain them in
the exact position shown on the drawings and also to render the joints watertight.
PSG6.4 Holding Down Bolts
All holding down bolts and nuts, other than those used in structures retaining liquid shall be
galvanised in accordance with SABS 763.
All holding down bolts and nuts in structures retaining liquid shall be stainless steel, Grade 316.
All holding down bolts and anchorages, shall be set in accordance with the drawings by means of
accurate constructed steel templates and securely fixed in position to prevent displacement during
the concreting.
Exposed threads of holdings down bolts shall be adequately protected with grease and sacking and
this protection shall be maintained in all portions of the works until they are taken over.
PSG6.5 Ferrule Cap Holes
Holes formed in reinforced concrete walls during the fixing of formwork shall be repaired on the
waterside face with an approved epoxy or non-shrink grout. On the dry face the holes left in the
concrete shall be repaired with a 1:3 cement-sand mortar. All grouting material shall be thoroughly
panned in.
No system leaving holes passing through the walls will be permitted. Ferrules shall be of the
permanent sacrificial type.
PSG6.6 Sterilization of Reservoirs
Before a reservoir is sterilised, the roof shall have been tested for water tightness as set out in
Clause 9.7 below, and the pipelines serving the reservoir shall have been sterilised. The reservoir
shall then be thoroughly cleaned out and washed down with clean water.
The roof, beams, columns and walls shall thereafter be thoroughly sprayed down, using pressurised
equipment, and the floors shall be scrubbed with water containing 0,015 g per litre of chloride of lime.
On completion of the sterilisation, the sterilising solution shall be run to waste before the reservoir is
filled for testing its water tightness.
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Should additional work be required to be done inside the reservoir after the water tightness test has
been completed, the reservoir shall be re-sterilised at the Contractor’s expense.
PSG6.7 Testing for Water tightness
Each water-retaining structure shall be filled with water at a uniform rate not exceeding 2.0m in 24
hours until the top water level has been reached. The water level will then be carefully noted and
recorded by the Engineer in relation to a fixed bench-mark, and the structure shall be allowed to
remain filled for a period of two weeks to permit complete absorption of water by the concrete.
Any loss of water which may have occurred shall then be made up by again filling the structure to the
top water level and by allowing the water to remain undisturbed for a period of not less than four
days. The structure shall be considered to be watertight if the drop in level in 96 hours (less the drop
caused by evaporation) does not represent more than 0,06% of the volume of the reservoir.
The evaporation shall be measured by the mean drop in level caused by the evaporation of the water
in three flat containers floating in the water, being recorded.
The Contractor is free to attend the taking of all measurements by the Engineer.
In the event of an appreciable leakage being evident or visible at any stage of the filling or testing, or
in the event of the final degree of water tightness being unsatisfactory, the Contractor shall, when so
ordered by the Engineer, discontinue such filling or testing and shall, at his own expense, take
approved steps to rectify the leakage, until a test proves that a sufficient degree of water tightness
has been obtained.
The water tightness of the reservoir roof shall be tested before that of the reservoir itself by water
being continuously sprinkled over the roof in an approved manner so that a film of water is
maintained on the surface of the slab. The roof shall be considered watertight if no damp patches
are visible on the underside after 48 hours of sprinkling.
Before the expiry of the defects notification period, the Engineer shall have the right to retest the
structure for water tightness. Results of such further tests will be made available for the information
of the Contractor. In the event of these tests indicating an unsatisfactory degree of water-tightness,
the Engineer will, before issuing the final certificate, again require the Contractor to rectify the
leakage, at his own expense, in such a manner as will cause the least interruption of the water
supply to consumers and as will ensure the soundness of the work, to the satisfaction of the
Engineer.
The costs of re-testing a water-retaining structure for water tightness shall be borne by the
Contractor.
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PSG7 TESTS
PSG7.1 Facilities (Sub-Clause 7.1.1)
Add the following:
"The Contractor shall provide sufficient storage capacity for the concrete cubes and shall arrange to
have them tested by an approved laboratory.
The cost of all testing, including the cost of sampling, storage and transport of samples shall be
included in the rates tendered for concrete work."
PSG8 ACCEPTANCE CRITERIA FOR STRENGTH CONCRETE (Sub-Clause 7.3)
Add the following:
"Test results obtained from the supplier of ready-mixed concrete will not be accepted for evaluation in
terms of sub-clause 7.3, but samples for testing shall be taken of such concrete at the point of placing."
PSG9 MEASUREMENT AND PAYMENT
PSG9.1 Measurement and Rates
PSG9.1.1 Formwork (Sub-Clause 8.1.1)
Delete "or splays over 20 mm x 20 mm" from the first line of paragraph 8.1.1.2.
Add the following to paragraph 8.1.1.2:
"Splays up to and including 25 mm x 25 mm will not be measured separately and will be deemed to
be included in the formwork costs."
Add the following paragraphs:
"8.1.1.7 For construction joints at kickers, all additional costs for formwork to edges up to 300
mm high will be deemed to be included in the rates tendered for vertical formwork to
sides of walls and will not be measured separately in narrow widths.
8.1.1.8 No formwork will be measured to edges of blinding layers under structures, and the cost
thereof (if needed) will be deemed to be included in the rates tendered for concrete in
blinding layers.
8.1.1.9 Back-shuttering or formwork to top revealed surfaces of sloping or conical formwork will
only be measured to surfaces of over 40° and up to 85° to the horizontal.
8.1.1.10 Formwork to horizontal surfaces in pump stations, valve chambers, manholes or
sumps can either be removed through the manhole cover opening or the Contractor
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may use permanent formwork at his own cost as no claims in this regard will be
considered."
PSG9.2 Scheduled Concrete Items
PSG9.2.1 Strength concrete (Sub-Clause 8.4.3)
Add the following after the last sentence:
"In the case of structural floor screeds, the unit of measurement shall be the square meter and the
average thickness and proportions will be stated."
Replace "Unit: m³" With "Unit: m³, m²"
PSG9.2.2 Unformed surface finishes (Sub-Clause 8.4.4)
(b) Steel-floated finishes
Add the following sub-item:
"(i) Extra over subitem (b) for special
finishing tolerances to top of outside
ringwalls as specified ...................................................................... Unit: m²
The quoted rate shall include full compensation for the additional cost of finishing the ringwalls to
closer tolerances as specified on the Drawings and in clause PSG 6.2.3 (i)."
PSG9.3 Joints (Sub-Clause 8.5)
Replace "Unit: m" with "Unit: m or m²".
ADD THE FOLLOWING ITEMS:
PSG9.4 PSG8.9 Miscellaneous work other than metalwork ......................... Unit: as scheduled
Separate items will be scheduled for each type of miscellaneous work.
The tendered rates shall include full compensation for providing all labour, materials and equipment
required to carry out the work, for all preparatory work, for constructing the work scheduled in a
workmanlike manner and for finishing off and cleaning up when the work has been completed.
PSG9.5 PSG8.10 Testing for watertightness:
(a) (Structure stated) .................................................................................. Unit: sum
(b) Etc for other structures
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PSLB-15
The unit of measurement shall be the number of each structure successfully passing the specified
watertightness tests to the satisfaction of the Engineer.
The sums tendered shall include full compensation for the provision of all labour, plant and materials
necessary for carrying out the test for watertightness as specified.
PSG9.6 PSG8.11 Screeds
(a) Floor screeds (1:3) with falls including V-joints to form panels and a smooth steel-trowelled
fish/power float finish to top:
(i) Description of application and thickness...........................Unit: m2
(ii) Etc for other applications and thickness
The unit of measurement shall be the square meter of screed constructed.
The tendered rate shall include full compensation for constructing the screeds as specified including
supplying of all materials, preparing the concrete surface to receive the screeds and for all else that
may be necessary to complete the work
PSG9.7 PSG8.12 Casting in pipes with or without puddle flanges
(a) Up to 300 mm nominal bore:
(i) Through (description and thickness of structural
elements) ................................................................................ Unit: number
(b) Over 300 mm up to 600 mm nominal bore:
(i) Through (description and thickness of structural
elements) ................................................................................ Unit: number
(c) Etc for other nominal bores in increments of 300 mm
The unit of measurement shall be the number of each size of pipe installed.
The tendered rates shall include full compensation for installing the pipe where new pipes are used
(with or without a puddle flange) in the exact position as shown on the Drawings, for splitting or
cutting the formwork where required, for ensuring watertightness where required and for all
additional costs required to install the pipes specified or shown on the Drawings.
New pipes shall be measured under the items of the relevant section of the specifications.
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PSLB-16
PSG9.8 PSG8.13 Corrosion protection by
(a) Vinyl anti-fouling paint and undercoats to form an algae- resistant coating on:
(i) (Description of structural element stated) ....................................... Unit: m²
(ii) Etc for other structural elements
(b) Solvent-free abrasion-resistant coating and primer to a minimum thickness of 3 mm on:
(i) (Description of structural element stated) ....................................... Unit: m²
(iii) Etc for other structural elements
The unit of measurement shall be the square meter of surface protected against corrosion.
The tendered rates shall include full compensation for surface preparation for supplying and applying
the materials as specified, for all labour, equipment and appurtenant materials necessary to carry out
the work and for all waste and cleaning up after the work has been completed.”
PSG9.9 PSG 8.13 Emergency site reinforcement and equipment………....................….Unit: ton
The Contractor must bring onto site the following site reinforcement that is to be used for emergency
situations at the sole discretion of the Engineer:
10 straight lengths of 10 m of Y10 reinforcement, plus
10 straight lengths of 10 m of Y12 reinforcement, plus
10 straight lengths of 10 m of Y16 reinforcement, plus
10 straight lengths of 10 m of Y20 reinforcement
In addition to the above, the Contractor must keep on site manual tools for cutting and bending the
above reinforcement in emergency situations as per Engineers’ instructions.
All the above reinforcement and equipment must be kept dry, clean and available for use at very
short notice. Any of the above reinforcement that is used, must be replaced as soon as practically
possible.
Payment will be as follows:
1. 80 % of the tendered amount will be paid when the above material and equipment is
brought to site and stored in a manner that is acceptable to the Engineer.
2. Reinforcement used will be paid for under the “normal” reinforcement items.
3. The remaining 20 % of the tendered amount will be paid when all the material and equipment is
removed from site, after being instructed to do so by the Engineer.
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PSH-1
PSH STRUCTURAL STEELWORK
PSH1 SCOPE (Clause 1)
This specification shall apply to the structural steel tank stand and handrails.
PSH2 DRAWINGS AND SHOP DETAILS (Clause 5.1)
Refer to clauses PHF3.9 and PHF3.10 in this regard.
As the tank stands are design and construct items, the Contractor will be responsible for the
preparation of both engineering drawings and workshop details. Once submitted, the Engineer will
have one week to comment on the drawings and details prior to the commencement of fabrication.
PSH3 HANDRAILS (Subclause 5.7.1)
PSH3.1 All handrails shall be of the ball type tubular handrails and shall be manufactured by a reputable
firm specializing in the manufacturing of this type of handrailing.
PSH3.2 Tubular handrailing shall be manufactured from mild steel tubing with a minimum yield strength of
300 Mpa. The tubing shall have a minimum outside diameter of 33 mm and a minimum wall
thickness of 2,5 mm. The knee rail shall have a height of 500 mm above floor level and the top rail
shall have a height of 1 000 mm above floor level.
PSH3.3 Stanchions shall be manufactured from mild steel tubing with a minimum yield strength of 300
MPa. The tubing shall have a minimum outside diameter of 42 mm and a minimum wall thickness
of 3,0 mm. The stanchions shall be placed at 1,0 mm centres on stairs and at a maximum of 1,8 m
centres on platform and walkways.
PSH4 WELDING (Clause 5.3.4)
Welding shall be done in accordance with the relevant requirements of SABS 0162, BS 5135 and
AWS.D.1/18 American Welding Society).
The qualification of welders shall be in accordance with the relevant clauses of the above
standards, and specifically SABS 044 Part III and shall be Grade 1 welders. Grade 2 welders shall
be permitted only with the Engineer’s approval.
The Contractor shall provide evidence, acceptable to the Engineer, that welding procedures and
welders have been tested in accordance with the requirements of AWS D1.1.
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PSLB-2
PSH5 PROTECTIVE TREATMENT (Clause 5.3.9)
Standard Specification 1200 HC shall apply to protective treatments.
PSH6 SCHEDULES ITEMS (Clause 8.3)
Refer to clause PHF8 in this regard.
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PSL-1
PSL MEDIUM PRESSURE PIPELINES
PSL1 MATERIALS - WATER SUPPLY MAINS (Clauses 3.1 to 3.7)
(a) Reticulation mains shall be uPVC pressure water pipes with shouldered-end couplings to
Johannesburg Water’s approval with sizes and classes as specified on the drawings.
(b) Steel fittings and specials shall be manufactured in accordance with the requirement of BS
534 but to the dimensions shown on the detailed layouts. Steel pipe sections shall be 6mm
thick grade A complying with the requirements of SABS 719.
(c) Cast iron fittings and specials shall be, manufactured in accordance with the requirements of
1200L, clause 3.3.
(d) Flexible slip-on type Viking Johnson couplings shall be complete with removable centre
registers (locating lugs). The area surrounding the locating lug shall be built up to prevent
damage to the female thread on the Viking Johnson coupling.
(e) HDPE pipes shall confirm to SABS 533.
PSL2 CORROSION PROTECTION (Clause 3.9)
Protective coatings described in this sub-section shall not be measured for payment but shall be
included in the rates tendered for piping, fittings, couplings and specials.
a) All cast iron valves, cast iron or steel fittings and cast iron or steel specials shall receive a
two component solvent borne epoxy pipe coating and lining such as Copon KSIR 88 from
Plascon or similar approved equivalent.
Surface preparation, application, testing and performance shall comply with the requirements
of SABS 1217 type 1A, except that the minimum total dry film thickness shall be 300 micron.
Materials shall be applied in accordance with SABS 1217 and in accordance with the
manufacturer’s data sheet. Attention is drawn to the need for strict observance of the
manufacturer’s minimum and maximum coating thickness and time interval between coats
relative to ambient and steel temperatures.
The coating shall be applied in either two or three coats with either one or two coats being
applied in the workshop. After installation any scratch or chip marks shall be touched up and
the whole item covered with a further coat (or two coats) of copon to give a total thickness of
not less than 250 micron.
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PSLB-2
b) All bolts, nuts and washers used for flanges and couplings shall be heavy duty galvanised
(clause 3.9.5 of 1200L)
c) All steel fittings and specials indicated for encasing in concrete shall be wire brushed
externally and left uncoated for encasing in concrete. Lining shall be as described in (a)
above.
d) Steel fittings that are partly enclosed in concrete shall be coated internally as well as the
exposed external part of the fitting up to 100 mm into the concrete encasement as described
in (a) above.
PSL3 VALVES (Clause 3.10)
(a) Gate valves shall be cast iron flanged waterworks pattern resilient seal valves of the class
shown on the drawings and manufactured in accordance with the requirements of SABS
664. Valves shall have non-rising spindles, cap-top and be anti-clockwise closing. Valves
shall be provided with a spur gear if specified on the detailed fittings lists and with a
mechanism to indicate the percentage closure of the valve. An arrow on the valve shall
indicate the direction of flow.
(b) Valves 150mm and smaller shall be provided with a plain thrust collar. All of the valves shall
be provided with ball thrust collars.
PSL4 MANHOLES, DRAW BOXES AND SURFACE BOXES (Clause 3.11)
Valve boxes shall confirm to the details as indicated on 2330.20.ZA.05.D002.
PSL5 HANDLING AND RIGGING (Clause 4.1)
PSL5.1 Transportation
Fittings, specials and valves shall be protected during transportation and handling against damage
caused by impact, dropping, etc.
PSL5.2 Off-loading and storage
Pipes, fittings and specials shall at no time be laid, stacked or rolled directly onto the ground but
shall be supported on suitable padded cradles or other approved material near each end of the
pipe, fitting or special. Particular care shall be taken where pipes with fitted couplings are handled
or stacked to prevent any pressure on the couplings.
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PSLB-3
PSL5.3 Inspection on delivery
The Engineer's Representative will thoroughly inspect all pipes, fittings and specials delivered to
the site but his acceptance of same as being in good condition shall not relieve the Contractor of
any of his obligations or responsibilities under this contract.
Materials rejected by the Engineer shall be removed from the site within 30 days and shall be
replaced by other approved materials by the Contractor at his own expense.
PSL6 STANDARD HYDRAULIC PIPE TEST (Clause 7.3)
Field test pressures shall be 1,5 times the recommended maximum working pressure for the class
of pipe and/or valves, specials and fittings being tested.
PSL7 MEASUREMENT AND PAYMENT (Clause 8)
PSL7.1 Protective coatings and linings described in this sub-section shall not be measured for payment
separately but shall be included in the rates tendered for piping, fittings and specials.
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PSLB-1
PSLB BEDDING (PIPES)
PSLB1 MATERIAL (Clause 3)
PSLB1.1 Selected Granular Material
Selected granular material shall be regarded as clean rive sand or any other granular, non-
cohesive material of an acceptable nature and P.I less than 6. Stones shall not be in excess of
20mm.
PSLB1.2 Selected Fill Material
Selected fill material shall be material that has a P.I less than 10 and does not contain vegetation
or stones exceeding 30mm.
PSLB 1.3 Ordinary Backfilling
Ordinary backfilling shall be material less than 200mm in diameter. All material above the selected
fill blanket will be regarded as ordinary backfill and shall be compacted to at least 90% modified
AASHTO maximum density.
PSLB2 CONSTRUCTION (Clause 5)
PSLB2.1 Rigid Pipes
All clay and concrete pipes shall be laid on a class B bedding in accordance to SABS 1200LB
PSLB3 TOLERANCE ON COMPACTION ON BEDDING MATERIAL (Clause 6.1)
Degree of accuracy II shall prevail.
PSLB4 MEASUREMENT AND PAYMENT
Degree of accuracy II shall prevail.
PSLB4.1 Volume of bedding material (Sub Clause 8.1.3)
The volume of bedding material will be measured net, excluding the volume occupied by the pipe.
The cross sectional area of the pipe shall be deducted from the area of the bedding calculated in terms of Drawing LB-4.
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PSLB-2
PSLB7 STONE BEDDING (Sub-Clause 8.2.6)
Add the following new sub-clause:
Stone bedding will be measured per cubic metre under the appropriate item in SABS 1200LB. Type
A bedding (crushed stone wrapped in a geotextile blanket) shall be measured per linear metre
along the centreline of the trench. The provision, operation and removal of (a) de-watering pump
where authorised by the Engineer will be measured as dayworks under the appropriate item in
Schedule 2.
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PSC-1
PSC SITE CLEARANCE
PSC1 DISPOSAL OF MATERIAL (Sub-clauses 3.1 and 8.2.1)
Materials arising form clearing and grubbing shall be disposed of at a suitable spoil site. The
Contractor shall be responsible to make his own arrangements for a suitable spoil site. Trees and
stumps necessarily removed shall not be burnt unless authorised by the Engineer but shall be cut
and stacked at areas designated by the Engineer.
PSC2 AREAS TO BE CLEARED AND GRUBBED (Clause 5.1)
The areas to be cleared and grubbed will be indicated by the Engineer. Should a portion or the
whole of the site have been cleared and grubbed by others prior to the start of construction then no
clearing and grubbing will be ordered or payment made with respect to the applicable portion of the
site.
PSC3 PRESERVATION OF TREES (Sub-clause 5.2.3)
The penalty in respect of every individual tree, designated as a tree to be preserved, that is
damaged or removed unnecessarily by the Contractor, shall be R500. Trees that fall within areas
upon which the Works are to be constructed or within areas that the Contractor must occupy for the
proper construction of the Works will not be designated for preservation.
PSC4 FREEHAUL AND OVERHAUL
Refer to clause PSD7 in this regard.
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 2: CONTRACT
Section C3.5
Management
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MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
C3.5 MANAGEMENT
C3.5.1 Management of the Works
C3.5.1.1 Contactors’ Project Management Plan
The Contractor required preparing and submitting a project management plan for the construction.
The particular contents should be included in the Contractor’s Project Management Plan are listed
below;
Project structure and agreements
The Contractor shall indicate how responsibility for the various work packages will be divided
between joint venture partners (where applicable) and sub-contractors. A contract organogram
shall be provided showing work apportionment and project management responsibilities. The
particular division of work shall match the established capabilities and capacities of each
particular partner or subcontractor.
Plant, Material and equipment
The Contractor shall prepare a Plant and Materials procurement Plan, indicating the source of
key Plant and Materials designated for inclusion in the works, and demonstrating that such
Plant and Materials have a proven track record of successful maintenance support in South
Africa.
The Contractors shall also prepare a plan of Contractors’ Equipment, indicating the source and
details of construction equipment planned for use on the Contract and based on the
Contractor’s particular approach.
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Staff Plan
The Contractor shall prepare a detailed staffing plan showing an organogram with all key
members of the Contractor’s Personnel, providing detailed CV’s for each such key positions.
The Contractor shall also show the numbers and sources of all non-key staff and indicating the
particular local contents offering of the Contractor.
Method Statements
The Contractor shall clearly describe the overall methodology proposed for the construction of
the Works and include particular method statements for each work discipline included in the
Works.
C3.5.1.2 Construction Programme
The Contractor shall submit within the period stated in the Contract Data a suitable and realistic
construction programme for the consideration of the Engineer.
The programme shall be of a Gantt chart and shall include the following details:
A work breakdown structure, identifying the major activity groups.
For each activity group further details shall be provided with regard to the scheduled start
and end dates of individual activities.
The linkages between activities shall be clearly indicated and the logical network upon which
the programme is based, shall be separately submitted to the Engineer if requested. Any
constraints shall be classified as being time-related or resource-related.
The critical path(s) shall be clearly indicated and floats on non-critical activities shall be
shown.
The Contractor shall indicate the working hours per day, night, week and month allowed for
in the programme.
Where relevant the Contractor shall state the production rates for key activities, e.g.
earthworks, etc.
Together with the programme as detailed above the contractor shall submit to the Engineer a cash
flow projection, indicating projected monthly invoice amounts. The cash flow projection shall be
updated at monthly intervals to reflect actual payments to date and anticipated further payments.
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The programme will be reviewed at the monthly site meetings at which the Contractor shall provide
sufficient detail that will allow the comparison of completed work per activity that has fallen behind.
The updated programme shall be submitted to the Engineer at least two days prior to the monthly
meetings.
If the programme has to be revised by reason of the Contractor falling behind his programme, he
shall produce a revised programme showing how he intends to regain lost time in order to ensure
completion of the Works within the time for completion or any granted extension of time. Any
proposal to increase the tempo of work must be accompanied by positive steps to increase
production by providing more labour and plant on site, or by using the available labour and plant on
site, or by using the available labour and plant in a more efficient manner.
Failure on the part of the Contractor to submit the programme or to work according to the
programme or revised programmes shall be sufficient reason for the Engineer to take steps as
provided in the General Conditions of Contract.
The approval by the Engineer of any programme shall have no contractual significance other than
that the Engineer will be satisfied that the work is carried out according to such programme and
that the Contractor undertakes to carry out the work in accordance with the programme. It shall not
limit the right of the Engineer to instruct the Contractor to vary the programme if required by
circumstances.
C3.5.1.3 Shutdown work
Scheduled shutdowns must be arranged with the Employer and relevant parties, at least 14 days
prior to the specific date. Shutdown time will be from Saturday morning 06:00 am to Sunday
evening 06:00 pm. All fittings should be on site and preparation work must be completed prior to
the commencement of the shutdown. It’s the Contractor’s responsibility to ensure that sufficient
resources are available in order to complete all connections and shutdown work within the
allocated time. After the allotted time, normal operation of services must continue.
C3.5.1.4 Site Administration
Daily Site Diary
The daily site diary, in accordance with Bigen Africa’s pro forma, shall be kept up to date by the
Contractor’s Representative and will be signed on a daily basis by the Engineer’s
Representative.
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Information in Respect of Plant
Information relating to plant on Site shall be recorded in the daily site diary. In addition, the
Contractor shall deliver to the Engineer, on a monthly basis, a detailed summary of construction
plant kept on the Site, full particulars given for each day of the month. Distinction shall be made
between plant in working order and plant out-of-order. Such inventory shall be submitted by the
first day of the month following the month to be reported.
Information in Respect of Employees
Information relating to labour and management on Site shall be recorded in the daily site diary.
In addition, the Contractor shall deliver to the Engineer, on a monthly basis, a detailed summary
of supervisory staff, labour employed (own and local labour) by category, and sub-contractors
(both local and imported) for each day of the month. Such return shall be submitted by the first
day of the month following the month to be reported.
Rainfall records
Rainfall records for the period of construction shall be taken on Site and recorded in the daily
site diary. The Contractor shall provide and install all the necessary equipment for accurately
measuring the rainfall. The Contractor shall also provide, erect and maintain a security fence
plus gate, padlock and keys at each measuring station, all at his own cost. The Engineer or his
Representative shall take and record the daily rainfall readings. The Contractor shall be
permitted to attend these readings, in the company of the Engineer’s Representative. Access to
the measuring gauge(s) shall at all times be under the Engineer's control.
C3.5.1.5 Site Instructions
Site instructions by the Engineer, addressed to the Contractor at his office on the Site, will be
numbered consecutively and will be deemed to have been received by the Contractor's
Representative unless a break in the sequence of numbers is brought to the notice of the Engineer
in writing immediately.
C3.5.1.6 Site Meetings
The Contractor and his authorised representative shall attend all meetings held on the Site with the
Employer and the professional team at dates and times to be determined by the Engineer. Such
meetings will be held to evaluate the progress of the Contract and to discuss matters pertaining to
the Contract which any of the parties represented may wish to raise. It is not the intention to
discuss day-to-day technical matters at such meetings.
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C3.5.1.7 Payment Certificates
Monthly progress payment certificates shall be submitted to the Engineer on Site not later than the
20th of each month (or on the last working day prior to this date) in order to allow for checking and
reconciliation of all quantities, rates, extensions and additions in the certificate. All quantity
calculations and certificates submitted by the Contractor for checking shall be in accordance with
the Engineer’s standard site administration forms and formats as referred to in C3.5.6.
Where dayworks have been instructed by the Engineer, the Contractor shall submit the returns to
the Engineer for signature and approval within twenty-four (24) hours of the end of the working day
on which the work was executed. Daywork returns shall be submitted on forms according to the
Engineer’s standard format as referred to in Section C3.5.6. Failure to comply with the terms of this
clause will result in non-payment for such dayworks.
The tax invoice submitted with the certificate shall be dated the date of submission to the Engineer
of the payment certificate that was agreed between the Contractor and the Engineer. All costs for
the preparation and submission of progress certificates shall be borne by the Contractor.
C3.5.2 General Construction and Management Requirements
C3.5.2.1 General
The Contractor is referred to SANS 1921: 2004: Construction and Management Requirements for
Works Contracts, Part 1: General Engineering and Construction Works, and COLTO 1500 -
Accommodation of Traffic. These specifications shall be applicable to the contract under
consideration and the Contractor shall comply with all requirements relevant to the project.
Certain aspects however require further attention as described hereafter.
C3.5.2.2 Management and disposal of water
The Contractor shall pay special attention to the management and disposal of water and
stormwater on the site. It is essential that all completed works or parts thereof are kept dry and
properly drained. Claims for delay and for repair of damage caused to the works as a result of the
Contractor’s failure to properly manage rain and surface water, will not be considered.
The Contractor shall implement special measures to keep stormwater out of excavations and pipe
trenches. These measures shall include for example, cut-off berms, cross-fall of
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construction road away from trench, coffer dams and drainage pipes across the trench or
diversions at water courses, limiting length of open trenches, adequate water pumps.
C3.5.3 Occupational health and safety
It is a requirement of this contract that the Contractor shall provide a safe and healthy working
environment and to direct all his activities in such a manner that his employees and any other
persons, who may be directly affected by his activities, are not exposed to hazards to their health
and safety. To this end the Contractor shall assume full responsibility to conform to all the
provisions of the Occupational Health and Safety Act No 85 and Amendment Act No 181 of 1993,
and the OHSA 1993 Construction Regulations 2003 issued on 18 July 2003 by the Department of
Labour.
The successful Contractor shall, on receipt of notification that he has been awarded the contract,
submit without delay his own documented Health and Safety Plan for the execution of the work
under the contract. His Health and Safety Plan must at least cover the following:
a proper risk assessment of the works, risk items, work methods and procedures in terms of
Regulations 7 to 28;
pro-active identification of potential hazards and unsafe working conditions;
provision of a safe working environment and equipment;
statements of methods to ensure the health and safety of subcontractors, employees and
visitors to the site, including safety training in hazards and risk areas (Regulation 5);
monitoring health and safety on the site of works on a regular basis, and keeping of records
and registers as provided for in the Construction Regulations;
details of the Construction Supervisor, the Construction Safety Officers and other competent
persons he intends to appoint for the construction works in terms of Regulation 6 and other
applicable regulations; and
details of methods to ensure that his Health and Safety Plan is carried out effectively in
accordance with the Construction Regulations 2003.
The Contractor's Health and Safety Plan will be subject to approval by the Employer, or
amendment if necessary, before commencement of construction work. The Contractor will not be
allowed to commence work, or his work will be suspended if he had already commenced work,
before he has obtained the Employer's written approval of his Health and Safety Plan.
Time lost due to delayed commencement or suspension of the work as a result of the Contractor's
failure to obtain approval for his safety plan, shall not be used as a reason to claim for extension of
time or standing time and related costs.
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The rates and prices tendered by the Contractor shall be deemed to include all costs for
conforming to the requirements of the Act, the Construction Regulations and the Employer's Health
and Safety Specification as applicable to this contract. Should the Contractor fail to comply with
the provisions of the Construction Regulations, he will be liable for penalties as provided in the
Construction Regulations and in the Employer's Health and Safety Specification.
The Employer’s SHE Management System is included in Part C4 (Site Information)
C3.5.4 Quality management
C3.5.4.1 General
The Contractor will be solely responsible for the production of work that complies with the
Specifications to the satisfaction of the Engineer. The Contractor will provide experienced
personnel as well as all the necessary transport, instruments and equipment, to ensure adequate
supervision and positive control of the works at all times in order to comply with the requirements.
The Contractor shall deliver to the Engineer, for his consideration, quality assurance programmes
prior to the Contractor’s appointment of any suppliers or commencement of the Works. Failure to
comply with these requirements shall be just cause for the Engineer to order supervision of the
Works without additional remuneration or for him to recommend termination to the Employer in
terms of the Conditions of Contract.
It will be the full responsibility of the Contractor to institute an appropriate Quality Assurance (QA)
system on site. The Engineer will audit the Contractor's QA system on a regular basis to verify that
adequate independent checks and tests are being carried out and to ensure that the Contractor's
own control is sufficient to identify any possible quality problems which could cause a delay or
failure.
The Employer will appoint an independent inspectorate (Employer’s Inspectorate) to assist the
Engineer with quality control.
The Engineer will specify quality control hold points that will be applicable to specific activities.
Work shall not proceed beyond the hold points unless the Engineer or Employer’s Inspectorate has
signed off the quality control at the specific hold point.
The onus to produce work that conforms in quality and accuracy to the requirements of the
specifications and the drawings rests with the Contractor, and the Contractor shall, at its own
expense, institute a QA system and provide experienced engineers, foremen, surveyors, materials
technicians, other technicians and technical staff, together with all transport, instruments and
equipment to ensure adequate supervision and positive control of the quality of the Works at all
stages of the Contract. The cost of the Contractor’s supervision and process control, including all
testing carried out by the Contractor, shall be deemed to be included in the amounts tendered.
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Before commencement of manufacturing of plant and materials and construction, the Contractor
shall submit a comprehensive proposal for a quality assurance plan to the Engineer for
consideration. Only the Engineer may sign off quality assurance plans.
The Contractor shall keep systematic records of the test results and all worksheets relating thereto.
All test results obtained by the Contractor in the course of his process control of the Works shall be
submitted to the Engineer or his Representative prior to requesting inspection of the relevant
portions of the Works. Any request for inspection shall be submitted on the prescribed forms.
The Contractor and all sub-contractors shall work to defined quality assurance programmes
compliant with ISO 9001 or similar approved standard. ISO 14001 will be applicable to
environmental management. The Contractor shall list approvals held on its own behalf and for its
main sub-contractors.
The Contractor shall undertake, in respect of sub-contractors, where no such acceptable
information is available or where the sub-contractor has not been subject to an acceptable external
quality audit in accordance with the Contractor’s QA procedures, to carry out a quality audit of that
sub-contractor to ensure that completion of the work shall be compliant with the Contract
requirements.
Nominated sub-contractor(s) shall be subject to quality audit by the Contractor in which the
Engineer may participate.
The Contractor shall establish and maintain a document inspection system capable of producing
objective evidence that major components comply with the quality requirements of the Contract.
The Contractor shall include in its orders to sub-contractors a note advising that materials and
equipment will be subject to inspection as determined by the Quality Plan.
The Contractor shall advise the Engineer of the readiness for inspection at least ten (10) working
days prior to a nominated witness or hold point. Work shall not proceed beyond a hold point
without the written agreement of the Engineer or after five (5) days, if no such agreement or
rejection is given.
The Contractor shall keep the Engineer informed in advance of the time of starting and of the
progress of the work in its various stages so that arrangements can be made for inspections and
tests.
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The inspections and tests by the Engineer or Employer’s Inspectorate of any components, or lack
thereof, do not relieve the Contractor of any responsibility regarding defects or other failures.
The Contractor shall be responsible under the Contract for the quality and testing of materials,
workmanship and production processes in fulfilment of the Contract. To this end the Contractor
shall institute and operate a quality management system which details the following in order to
satisfy the Specification relevant to each operation pursuant to the Works in accordance with the
Contract:
Quality control procedures;
Personnel responsibilities;
Procurement procedures;
Testing procedures, both on and off-site;
Equipment and calibration;
Frequency of testing, calibration, etc.;
Hold points in production for inspection;
Rejection and rectification procedures;
Documentation and communication;
Drawing issue procedures; and
Drawing register
As much of the testing as is practicable shall be carried out on Site, including trial, acceptance and
routine testing to be implemented by the Contractor, and any other tests as instructed by the
Engineer for any complementary investigations required from time to time during the course of the
Contract.
The Contractor shall submit a general outline of the above Quality Management system with
comprehensive examples of documentation to be used with its tender.
Within 28 days after the Commencement Date and based on the general outline and any
amendments thereto requested prior to acceptance of the Tender, the Contractor shall submit
comprehensive details of the system as required above, making use wherever possible of
diagrams, charts, organograms, etc., in preference to lengthy description, all for the approval of the
Engineer. Such details shall be updated from time to time as appropriate or as directed by the
Engineer.
The Contractor shall commence the operation of the Quality Management system without delay
and in accordance with the Engineer’s approval of the general outline and documentation
examples as accepted with the Tender and shall thereafter modify the system from time to time in
accordance with further details as approved by the Engineer.
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Unless otherwise stated in the Specification, all testing shall be carried out and interpreted in strict
accordance with the methods specified in the relevant South African and British Standards.
Unless otherwise stated in the Specification, the testing laboratories of the South African Bureau of
Standards, the Council of Scientific and Industrial Research (South Africa), and the Portland
Cement Institute (South Africa) will be accepted as approved independent laboratories in which
tests or design work required in terms of a Specification may be carried out. Other testing
laboratories may be used by the Contractor subject to the approval of the Engineer.
When required by the Engineer, the Contractor shall furnish all information of the materials to be
used in the Works and shall give the Engineer such other particulars as may be required.
When requested, the Contractor shall provide samples, information and manufacturer's test
certificates of the materials to be incorporated in the Works.
Unless otherwise specified, all proprietary materials shall be used and placed in strict accordance
with the relevant manufacturer's instructions.
The competence of personnel required to undertake operations involving particular skills affecting
the quality of the Works shall be demonstrated to the Engineer by means of tests arranged by the
Contractor. These could include the following activities: welding, concrete compaction, repairs,
grouting, formwork erection, etc. Should the competence of any member of the Contractor's
workforce be in doubt, the Engineer may order any re-testing he considers necessary at any stage
throughout the Contract. Suitable means of identification of different skills and training levels of
workmen by way of badges or such like shall be instituted.
Workmen shall only receive their practical training on those parts of the Works as agreed by the
Engineer.
The Contractor shall carry out sufficient inspection and tests to satisfy himself that all requirements
of the Specification are being met and the results of inspections and tests shall be submitted to the
Engineer in accordance with the Contractor’s Quality Management System. The Engineer may
carry out such inspections and tests as he deems necessary and the results of the Engineer’s
inspections and tests will be made available to the Contractor if so requested.
Where the Contractor’s or Engineer’s inspections and/or tests reveal that the requirements of the
Specification have not been attained, the Contractor shall, at his expense, rectify the work to the
extent that it does conform to the Specification.
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Whenever the regular period for carrying on work is to be changed, the Engineer shall be given
notice in sufficient time (at least 28 days) to rearrange staffing for proper inspection. The Engineer
shall be given notice of any other proposed changes to normal working times at the weekly
progress meetings or as necessary to cope with emergencies.
Records and returns shall be reported to the Engineer in a format acceptable to the Engineer.
The Contractor shall keep accurate daily records detailing work carried out on the Works and shall
submit them to the Engineer prior to the weekly progress meeting or at such other times as the
Engineer may require.
The records shall include the following for each Portion of the Works separately and in sufficiently
detail to establish the person-hours and equipment hours expended:
Extent of work done;
The numbers of each category of workmen and supervising staff;
The numbers and types of Contractor's Equipment used;
The time and duration of any significant delays or breakdowns of any Contractor's
Equipment; and
Any other events relevant to progress of the Works.
Notwithstanding the foregoing, the Engineer may employ members of his own staff to record some
or all of the above data in addition to the Contractor's records. The Contractor shall also provide
such further information as may be requested by the Engineer.
The Contractor shall submit detailed returns at monthly intervals (at site meetings) of personnel on
Site, principal materials ordered, and stocks on Site and of Contractor's Equipment, Plant and
Temporary Works on the Site or due to be delivered to or removed from the Site. The Contractor
shall also submit a detailed return at monthly intervals on progress of manufacture of any Plant or
Contractor's Equipment ordered.
Records shall be kept daily of labour, materials and equipment where there is an agreement to pay
by dayworks. Such records shall be valid only when signed by both parties. Failure to submit
daywork sheets on a daily basis shall result in rejection of the sheets.
In cases where there is any dispute or uncertainty on payment procedure, sheets shall be signed
daily by both parties as an agreed record of work done but shall not imply any commitment
concerning payment. These sheets shall be annotated "For record purposes only".
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The Contractor shall arrange for all tests required for process control to be done by a laboratory
acceptable to and approved by the Engineer.
The Contractor may establish his own laboratory on site or he may employ the services of an
independent commercial laboratory. Whatever method is used, the Contractor must submit the
results of tests carried out on materials and workmanship when submitting work for acceptance by
the Engineer. The costs for these tests shall be deemed to be included in the relevant rates and no
additional payment will be made for testing as required.
The process control test results submitted by the Contractor for approval of materials and
workmanship may be used by the Engineer for acceptance control. However, before accepting any
work, the Engineer may have further control tests carried out by a laboratory of his choice. The cost
of such additional tests will be covered by a provisional sum provided in the Bill of Quantities, but
tests that failed to confirm compliance with the specifications, will be for the account of the
Contractor.
Acceptance control, record keeping and payment certificates shall be done in accordance with the
Engineer’s standard system except if the Engineer approves that the Contractor’s standard system
may be used.
C3.5.4.2 Method Statements
The Contractor shall prepare method statements and acquire the Engineer’s approval before
commencing work. A method statement is required for each and every activity, including site
establishment. The following minimum information will be required in each method statement:
Goal of activity
Dangers identified
Safety measures to be instituted
Measures to accommodate environmental and social requirements
Work method
Material to be used
Quality assurance procedure to ensure compliance to specifications
Reference to the relevant specifications
Reference to other relevant method statements
Inspectors and workmen shall be trained to execute the work in accordance with the approved
method statements and a copy of the method statement shall be available on site where the work
is executed.
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The Contractor shall allow for the following time periods for the approval of method statements:
Review by the Engineer and Employer of first submission 2 weeks
Amendments by Contractor 1 week
Final review and approval by Engineer 2 weeks
Work on an activity shall not commence without a method statement approved by the Engineer.
Approval of a method statement by the Engineer will not release the Contractor from his
responsibilities and liabilities and it will not mean that the Engineer will be responsible or liable for
the construction of the work.
C3.5.4.3 Quality assurance for welding, lining and coating of pipelines on site
The following requirements are applicable to welding, lining and coating of pipelines.
(a) Storage, handling and transport of pipes, pipe specials and valves
Pipes, specials and valves shall not be transported before the corrosion protection has cured
in accordance with the guidelines of the manufacturers of the materials. Minimum 500mm
wide soft slings that cannot damage the pipe coating shall be used for handling of the
material and each item shall be adequately supported on padded cradles and properly
fastened to prevent movement during transport. Each truck load has to be checked for
conformity and signed off by the Employer’s Inspectorate at the factory.
On site all material shall be supported on padded supports in a cleared area, where it cannot
be damaged by veld fires or construction activities.
(b) Welding of pipes
Welding rings shall be used to align pipe ends for welding. The welding of a joint must be
100% completed before the end of a working day. Ten percent (10%) of all butt welds shall
be radiographically inspected and all fillet welds shall be inspected by dye penetrant. Each
weld must be approved and signed off by the Employer’s Inspectorate before the coating
repair can commence.
(c) Corrosion protection on site
Coating
Each pipe shall be tested by the Contractor for coating damage and pinholes by
means of holiday detection and repaired at the following stages:
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Before it is moved into the trench
Before backfilling commences
Each stage shall be a hold point and further work shall only proceed after each pipe
has been signed off by the Employer’ Inspectorate.
The following stages of coating repair at joints and damaged areas shall be hold
points and work can only proceed after the approval by the Employer’s Inspectorate:
After surface preparation
After repair
Coating integrity surveys are required as specified in paragraph C3.4.1.23.
The selected bedding and blanket of the pipeline must be completed within seven
days after the coating repair to prevent ultra violet damage of the material.
Lining
The surface preparation of each epoxy lining joint and lining damage must be
approved and signed off by the Employer’s Inspectorate before the joint repair can
commence (hold point)
Lining repairs shall follow the pipe laying activities as specified in paragraph C3.5.2.
(d) Method statements for lining and coating protection
The following method statements shall be submitted by the Contractor for approval by the
Engineer before the relevant activity can commence:
Transport and handling of pipes
Repair of coating damage on site
Repair of coating at joints on site
Prevent damage to linings by movement of workmen and inspectors inside the pipe
Repair of lining damage on site
Repair of lining at joints on site
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C3.5.5 Drawings, Operation and Maintenance Manuals
All information in the possession of the Contractor that is required by the Engineer's
Representative in order to complete the As-Built drawings and to prepare a completion report for
the Employer must be submitted to the Engineer's Representative before a Certificate of Practical
Completion will be issued for the Works. Similarly, the Contractor will be required to submit full
details of all pipes, valves, meters and specials in a suitable loose bound format, including any
special operational and maintenance procedures related thereto, for incorporation in the overall
operation and maintenance manual for the Scheme prior to the issue of a Certificate of Completion
for the Works.
Only figured dimensions on the Drawings may be used in the interpretation thereof, and the
Drawings shall not be scaled unless the Contractor is so instructed by the Engineer in writing. The
Engineer will upon written request provide any dimensions that may have been omitted from the
Drawings.
END OF SECTION
Bid No 158/2016 Part C4: Site Information Title Page
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER
PORTION 2: CONTRACT
PART C4
SITE INFORMATION
Bid No 158/2016 Part C4: Site Information Section C4.1: Geotechnical Information
Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2
C4.1-1
MPUMALANGA PROVINCE
CITY OF MBOMBELA
BID NO 158/2016
THE UPGRADING OF THE MATSAFENI NORTHERN OUTFALL SEWER C4.1 Site Information
C4.1.1 Geological and Geotechnical Aspects
Large rock outcrops are evident in various sections of the project area.