KHÂI MA MUNICIPALITY - etenders.gov.za - Upg of... · THE EXISTING WATER RETICULATION NETWORK, ......

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1 Notice No: KHO18-2017 KHÂI MA MUNICIPALITY PROCUREMENT OF PROFESSIONAL SERVICES PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER …………………………………………………………………………………………..………………………………. NAME OF SERVICE PROVIDER ADDRESS: ………………………………………………….…………………….………………………………. …………………………………………………….………………………………………….………. TEL : ………………………..………………………………………………………………………………. FAX : …………………………………………………………………………….…………………………. Khâi Ma Local Municipality 21 Nuwe Street P O Box 108 Pofadder 8890 TEL: 054-9331000 FAX: 054-9330252

Transcript of KHÂI MA MUNICIPALITY - etenders.gov.za - Upg of... · THE EXISTING WATER RETICULATION NETWORK, ......

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Notice No: KHO18-2017

KHÂI MA MUNICIPALITY

PROCUREMENT OF PROFESSIONAL SERVICES

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF

THE EXISTING WATER RETICULATION NETWORK, POFADDER

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

NAME OF SERVICE PROVIDER

ADDRESS: ………………………………………………….…………………….……………………………….

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

TEL : ………………………..……………………………………………………………………………….

FAX : …………………………………………………………………………….………………………….

Khâi Ma Local Municipality 21 Nuwe Street

P O Box 108 Pofadder

8890

TEL: 054-9331000 FAX: 054-9330252

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KHÂI MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

CONTENTS

Number Heading THE TENDER Part T1: TENDERING PROCEDURES N T1.1 Tender Notice and Invitation to Tender T1.2 Tender Data

Part T2: RETURNABLE DOCUMENTS N T2.1 List of Returnable Documents T2.2 Returnable Schedules THE CONTRACT Part C1: PRICING DATA N C1.1 Form of Offer and Acceptance C1.2 Contract Data

Part C2: AGREEMENT N C2.1 Pricing Instructions C2.2 Activity Schedule

Part C3: SCOPE OF WORKS N C3.1 Description of the Works Part C4: SITE INFORMATION C 4.1 Site information DRAWINGS

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P O Box 108 POFADDER 8890 ' 054 9331000 Ê 054 933 0252

Navrae/Enquiries Mr R Louw (' 027 712 8000)

NOTICE NR: KHO18/2017

PROCUREMENT OF PROFESSIONAL SERVICES

KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK,

POFADDER

REQUEST FOR FORMAL WRITTEN TENDERS

The Construction work entails the upgrading of existing reticulation network by replacing the existing asbestos pipes with uPVC pipes. The replacement of pipes will be undertaken in phases, with the first phase consisting of approximately 6 km. The services to be delivered is for normal services as per the latest Engineering Council of South Africa (ECSA) guideline for services and processes for estimating fees for registered persons and will include: - Inception - Concept & Viability - Design Development - Compilation of labour intensive procurement documentation - Contract Administration and Inspection - Close out

Tender documents are available during business hours as of Monday 19 June 2017 from the Supply Chain office of Khâi-Ma Municipality, 21 Nuwe Street, Pofadder. A non-refundable tender deposit of R350.00 payable in cash if required on collection of the tender document at the municipality. This bid may be downloaded directly from National Treasury eTender Publication website. No non-refundable tender deposit is required when downloading the tender from the website. (http://www.etenders.gov.za/content/advertised-tenders)

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The tender clearly marked: NOTICE NR: KHO18/2017: KHÂI MA MUNICIPALITY: CONSTRUCTION/UPGRADING OF EXISTING RETICULATION NETWORK, POFADDER – must be

handed in at the Khâi Ma Municipal Offices, 21 Nuwe Street, Pofadder. Tenders must be received by no later than Friday 14 July 2017 at 12:00. A formal opening session will be held after the closing time of

the tender. THE FOLLOWING CONDITIONS WILL APPLY: • Price(s) tendered must be valid for at least sixty (90) days from the tender closing date.

• Price(s) tendered must be firm and must be inclusive of 10% Contingencies and VAT. • This tender will be evaluated in terms of the 80/20 preference point system as prescribed in the

Preferential Procurement Policy Framework Act (No 5 of 2000) and for this purpose the original MBD 4, MBD 7.1, MBD 8 & MBD 9 forms must be completed and submitted together with your tender, if it is in excess of R 10 000.

• An original (or certified copy) B-BBEE certificate must be submitted with your tender offer. (Up to

twenty points are awarded for B-BBEE status level and these points will be forfeited if no certificate is received and also in case of non compliance with stated conditions.)

• The lowest or only tender will not necessarily be accepted. • A valid tax clearance certificate issued by the South African Revenue Service must accompany

all tenders in access of R 30 000. • Potential service providers must be registered on the Central Supplier Database (CSD). Potential

Service Providers can self register by visiting the website of CSD for government (https://secure.csd.gov.za/).

• Potential service providers who were found guilty of fraud or corruption or who willfully neglected reneged on or failed to comply with any government, municipal or other public sector contract during the past five years, will be excluded from this process.

• Potential service providers (or any of the directors) whose municipal rates and taxes or municipal

services charges are in arrears for three months, at the municipality or any other municipality or entity, may be excluded from this process. Please submit a municipal account as proof of payment with your tender.

NB: No tenders will be considered from persons in the service of the state. Failure to comply with these conditions may invalidate your offer. Yours faithfully _____________________________ _________________________________ O ISAACS DATE PUBLISHED MUNICIPAL MANAGER

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KHÂI MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

T1.2: TENDER DATA

Clause number

The conditions of tender are the Standard Conditions of Tender as contained in Annexure F of the SANS 294: 2004. The Standard Conditions of Tender for Procurement make several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the standard conditions of tender. Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to which it mainly applies.

F.1.1 The employer is Khâi Ma Municipality

F.1.2 The tender documents issued by the employer comprise:

TENDER Part T1: Tender Procedures T1.1 Tender Notice and Invitation to Tender T1.2 Tender Data Part T2: Returnable Documents T2.1 List of Returnable Documents T2.2 Returnable Schedules CONTRACT Part C1: Agreement and Contract Data C1.1 Form of Offer and Acceptance C1.2 Contract Data Part C2: Pricing data C2.1 Pricing Instructions C2.2 Activity Schedule Part C3: Scope of Works C3.1 Description of works Part C3: Site Information C3.1 Site information DRAWINGS

F.1.3.1 The tender data and additional requirements contained in the tender schedules that are included in the returnable documents are deemed to be part of these conditions of tender.

F .1.4 THE EMPLOYER’S AGENT IS: Name : Mr Edward Vries Address : P O Box 108, Pofadder, 8890 Tel No. : 054 933 1000 Email : [email protected] Fax : 054 933 2052

F.2.3 The tenderer shall check the tender document on receipt for completeness and notify the employer

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of any discrepancy or omission. F.2.4 The tenderer shall treat as confidential all matters arising in connection with the tender. Use and

copy the documents issued by the employer only for the purpose of preparing and submitting a tender offer in response to the invitation.

F.2.5 The tenderer, shall obtain, at own cost, as necessary for submitting a tender offer, copies of the latest version of standards, specifications, conditions of contract and other publications, which are not attached but which are incorporated into the tender documents by reference.

F.2.6 The tenderer shall acknowledge receipt of addenda to the tender document. F.2.7 No clarification meeting will be held but service providers may visit the site on their own. (Refer to

drawings for site location)

F.2.8 The tenderer may request, in writing, clarification of the tender documents, if necessary, by notifying the employer at least five working days before closing time. The closing date for enquiries is Friday, 30 June 2017 at 15h30.

F.2.12 No alternative offers will be considered.

F.2.13.5 The employer’s address for delivery of tender offers and identification details to be shown on each tender offer package are: Location of tender box: Khâi Ma Municipal Offices Physical address: 21 Nuwe Street, Pofadder, 8890 Identification details: NOTICE NR: KHO18/2017: KHÂI MA MUNICIPALITY: CONSTRUCTION/UPGRADING OF EXISTING RETICULATION NETWORK, POFADDER

F.2.13

A two-envelope procedure will not be followed.

F.2.14 The tenderer accepts 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. Please Note: Electronic signatures will not be accepted on any returnable document, any document signed electronically will be regarded by the employer as non-responsive.

F.2.15 The closing time for submission of tender offers is 12:00 on Friday 14 July 2017.

F.2.15 Late, telephonic, telegraphic, telex, facsimile or e-mailed tender offers will not be accepted.

F.2.16 The tender offer validity period is 90 days.

F.2.17 The tenderer can be requested to 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 ot item prices (or both). No change in the competitive position of the tenderers or substance of the tender offer will be sought, offered or permitted. The tenderer is to note that the paragraph above does not preclude the negotiation of the final terms of the contract with a preferred tenderer following a completive selection process, should the Employer elect to do so.

F.2.20 Submit for the Employers Acceptance Indemnity Insurance before the formation of a contract in terms of the conditions of contract identified in the Contract Data.

F.2.23 The tenderer is required to submit with his tender: 1) A valid Tax Clearance Certificate issued by the South African Revenue Services; 2) Municipal Bill (copy); 3) B-BEE status level verification certificate; 4) All Relevant documentation for evaluation of Quality ( See F.3.11)

F.3.4 The time and location for opening of the tender offers are TIME …………12H00…………….. ON ….…14 July 2017………..

LOCATION …Khâi Ma Municipal Offices………(Pofadder)

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F.3.11.

The Procedure for evaluation of responsive tender offer is: Methods: …4………. (Quality and Financial offer and Preferences) The financial offer will be scored using Formula 2 of table 4 (SANS 294:2004) where the value of W1 is:

- 80 where the financial value inclusive of VAT of one or more responsive tender offers equals or is less than R 1 000 000-00.

Up to 20 evaluation points, based on the B-BBEE status level of a service provider, will be awarded to the service provider who submit a valid B-BBEE status level verification certificate.

F.3.11.1 Functionality will be evaluated as an eligibility criterion. The eligibility criteria relate to the bidder’s ability to provide a quality service to the municipality. The Bidder’s experience and other criteria will be evaluated. Bidders scoring less than the minimum and / or minimum threshold will not meet the eligibility criteria and will therefore not be considered for further evaluation. The price and preference points of the Tenderer who score the minimum of 70% in the functionality will be eligible for further evaluation.

F.3.11.1

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

Description of quality criteria

Sub criteria Max Score

Minimum Threshold Quality score

1 Quality of Consultant (Service Provider / Tendering Entity) Refer to table 1a, b, c below

50 Quality System 20 10 Reference Letters 20 10 Firm’s Office 10 5

2 Quality of Proposed Resources Refer to table 1d below

50 Project Leader 20 10 Site Supervision 20 10 Support Staff 10 5

Note • It should be noted that the minimum threshold as well as a minimum of 70% in total is required in the functional evaluation to be considered for further evaluation on Price and BBBEE.

• Bidders must demonstrate clear and concise understanding of this criteria relative to scope of work and deliverables to be able to earn points.

• The obligation to demonstrate compliance with all the above will remain with the bidder / tenderer and the bid evaluating committee’s decision in this regard will be final.

Table 1a Quality System (Business)

Excellent (20 points)

CESA Member (Attached certificate). Please note, a bidder cannot claim these points if they only have applied. CESA member firms are required to: • Adhere to Quality Management Systems, a Sustainability Reporting Framework,

a Business Integrity Management System (BIMS) and the CESA Code of Conduct

• Offer a commitment to continuous education and to the upliftment of their staff and the communities they serve. Many firms have empowerment programmes, contribute to bursary schemes and provide Enterprise Development Initiatives within the industry. They assist professionals and construction companies to grow

• Adhere to the Construction Industry Sector Charter as gazetted in terms of Section 9 of Broad Based Black Economic Empowerment (BBBEE), which supports transformation and is the basis on which public sector procurement takes place

• Carry a required level of Professional Indemnity Insurance, which provides clients with financial recourse in the event of non-performance, insufficient design, failure or neglect caused by the member firm

Good (15 points)

• Provide proof of a quality management system, eg ISO 9001:2015 (Attached certificate). Please note, a bidder cannot claim these points if they only have applied for certification;

• Provide proof of bidder’s BBBEE commitment; and • Provide proof of a firm’s professional indemnity

Fair • Provide proof of bidder’s BBBEE commitment; and

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(10 points)

• Provide proof of a firm’s professional indemnityPoor (5 points)

No proof provided.

Note

Table 1b Reference letters

Excellent (20 points)

Bidder provides proof via attached reference letters of experience (successful completion) in projects in water reticulation networks, from past clients, 3 or more reference letters.

Good (15 points)

Bidder provides proof via attached reference letters of experience (successful completion) in projects in water reticulation networks, from past clients, 2 or more reference letters.

Fair (10 points)

Bidder provides proof of experience by attaching a list of projects (water reticulation networks) previously completed by the bidding firm.

Poor (5 points)

Bidder provides proof of experience by attaching a list of projects (any projects) previously completed by the bidding firm.

Note

Table 1c Firm’s Office Excellent (10 points) Established local office (Municipal or District Jurisdiction) Good (8 points) Established office (outside of Municipal or District Jurisdiction) Fair (5 points) Satellite office / Home office based at residence Poor (0 points) No office

Note

• Established office means, a business rented space with at least one plotter, one printer, relevant civil engineering software (CAD, Design software, etc), computer hardware (desktop or laptops) and vehicle.

• A bidder can either attached a company profile which should include the evidence or a company letter signed before a commissioner of oath.

• Established local office (Municipal or District Jurisdiction)

Table 1d Project Leader Site Representative Support Staff

Proof of Registration & Qualification.

Experience in similar projects relating to water reticulation (design and implementation)

Proof of Registration & Qualification

Experience in similar projects relating to water reticulation (construction supervision)

Proof of Registration & Qualification

Experience in similar projects relating to water reticulation

Excellent 50 points

Pr. Eng / Pr Tech Eng 5 yrs + Pr. Eng / Pr

Tech Eng 5 yrs + No Reg. reqd 5 yrs +

20 20 10

Good 44 points

Pr. Eng / Pr Tech Eng 3 yrs + Pr. Eng / Pr

Tech Eng 3 yrs + No Reg. reqd 3 yrs +

18 18 8

Fair 25 points

Pr. Eng / Pr Tech Eng 1 yr+ Pr. Eng / Pr

Tech Eng 1 yr+ No Reg. reqd 2 yrs +

10 10 5

Poor 13 points

No Registration <1 yr No

Registration <1 yr No Reg. reqd <1 yrs

5 5 3

Note

A tenderer can score a combination of points allocated above as long as the minimum threshold is met (fair) for each category. Example, to obtain an excellent score of 50 points, the tenderer will have to satisfy the requirements of the “excellent” category which means the project leader, the site representative as well as the support staff should satisfy the aforementioned category to obtain 50 points. However, if in the case where only the project leader comply with the excellent category, the site representative or the support staff will be categorised as depicted above and points will be allocated where they are categorised and vice versa.

F.3.18 The number of paper copies of the signed contract to be provided by the employer is 1.

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F.2.13.4 Tenderers may not form any joint ventures without the permission of the employer.

KHÂI MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

T2: RETURNABLE DOCUMENTS

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

T2.1 LIST OF RETUNABLE DOCUMENTS

1. RETURNABLE DOCUMENTS REQUIRED FOR TENDER EVALUATION PURPOSES

(Included hereafter for completion) MBD 4: Declaration of Interest MBD 6.1: Preference Points Claim Form - in terms of the Preferential Procurement Regulations 2011 MBD 8: Declaration of Bidders past Supply Chain Management Practices MBD 9: Certificate of Independent Bid Determination

T2.2 LIST OF RETURNABLE SCHEDULES

2. RETURNABLE SCHEDULES FOR TENDER EVALUATION PURPOSES

(to be attached with submission)

Schedule 1A: Original Tax Clearance Certificate (or pin) Schedule 1B: Municipal Bill (or certified copy) Schedule 1C: B-BBEE status level verification certificate (or certified copy) Schedule 1D: All relevant documentation to evaluate quality (See Tender data - F3.11.1)

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KHÂI MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

MBD 4: DECLARATION OF INTEREST

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DECLARATION OF INTEREST

No bid will be accepted from persons in the service of the municipality/state/state entity. Any person, having a kinship with persons in the service of the municipality/state/state entity, including a blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favoritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in service of the municipality/state/state entity, it is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority and/or take an oath declaring his/her interest. 1. In order to give effect to the above, the following questionnaire must be completed

and submitted with the bid. 1.1 Full Name:………………………………………………………………………………………….

1.2 Identity Number:…………………………………………………………………………………...

1.3 Company Registration Number: ………………………………………………………………...

1.4 Tax Reference Number: ………………………………………………………………………….

1.5 VAT Registration Number: ………………………………………………………………………. Item Question Yes No

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Are you presently in the service of the Municipality/state/state entity?

£

£

2.1 If so, furnish particulars. 3 Have you been in the service of the municipality/state/state entity for

the past twelve months? £

£

3.1 If so, furnish particulars. 4. Do you have any relationship with persons in the service of the

municipality/state/state entity and who may be involved with the evaluation and or adjudication of this bid?

£

£

4.1 If so, furnish particulars. 5. Are you aware of any relationship between a bidder and any persons

in the service of the municipality/state/state entity who may be involved with the evaluation and or adjudication of this bid?

£

£

5.1 If so, furnish particulars. 6. Are any of the company’s directors, managers, principle shareholders

or stakeholders in service of the municipality/state/state entity? £

£

6.1 If so, furnish particulars. 7. Is any spouse, child or parent of the company directors, managers,

principle shareholders or stakeholders in service of the municipality/state/state entity?

£

£

7.1 If so, furnish particulars. 8. Is the bidder or any of its directors listed on the National Treasury’s

database as a company or person prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audialterampartemrule was applied).

£

£

8.1 If so, furnish particulars. 9. 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)? (To access this Register enter the National Treasury’s website, www.treasury.gov.za, click on the icon “Register for Tender

£

£

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Item Question Yes No Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445).

9.1 If so, furnish particulars. 10. 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?

£

£

10.1 If so, furnish particulars. 11. 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?

£

£

11.1 If so, furnish particulars. 12. 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?

£

£

12.1 If so, furnish particulars.

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME):

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

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS 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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KHÂI MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

MBD 6.1: PREFERENCE POINTS CLAIM FORM IN TERMS OF THE

PREFERENTIAL REGULATIONS 2011

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KHÂI MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

MBD 8: DECLARATION OF BIDDERS PAST SUPPLY CHAIN MANAGEMENT

PRACTICES

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KHÂI MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

MBD 9: CERTIFICATE OF INDEPENDENT BID DETERMINATION

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KHÂI MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

SCHEDULE 1A

ORIGINAL TAX CLEARANCE CERTIFICATE

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KHÂI MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

SCHEDULE 1B

MUNICIPAL BILL

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KHÂI MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

SCHEDULE 1C

B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE

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KHÂI MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

SCHEDULE 1D

ALL RELEVANT DOCUMENTATION TO EVALUATE QUALITY (SEE TENDER DATA - F3.11.1)

• CESA Registration certificate and / or ISO 9001 certificate and / or Professional Indemnity • Reference letters of Experience in projects of similar nature (water reticulation network) • Proof of qualification with experience record (Engineers, Technologists and Technicians) • Proof of Professional Registration (ECSA) • List of Comparable projects with project values (water reticulation projects) • Proof of business address

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KHÂI MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

C1.1: FORM OF OFFER AND ACCEPTANCE

1.1 OFFER The Employer, identified in the Acceptance signature block, has solicited offers to enter into a contract in respect of the following works: ……………………………………………………………………………………………………….. The Tenderer, identified in the Offer signature block below, has examine 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 ………………………..(figures). This Offer may be accepted by the Employer by signing the Acceptance part of this Fo rm of Offer and Acceptance and returning one copy of this document to the Tenderer before the end of the period of validity stated in the Tender Data, whereupon the Tenderer becomes the party named as the Contractor in the Conditions of Contract identified in the Contract Data. For the Tenderer: ……………………………………………………..………… Signature ……………………………………………………….………. Name

……………………………………………………………….. Capacity Name and address of organisation: ………………………………………………………………… ………………………………………………………………… ………………………………………………………………… Signature and name of witness: ……………………………………………………... Signature

……………………………………………….……..

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Name

Date: ……………………………………….………

1.2 ACCEPTANCE By signing this part 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 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 Contract Data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the Conditions of Contract identified in the Contract Data at, or just after, the date this Agreement comes into effect. Failure to fulfill any of these obligations in accordance with those terms shall constitute a repudiation of this Agreement. Notwithstanding anything contained herein, this Agreement come into effect on the date when the Tenderer receives one fully completed original copy of this document, including the Schedule of Deviations (if any). Unless the Tenderer (now Contractor) within five days of the date of such receipt notifies the Employer in writing of any reason why he cannot accept the contents of this Agreement, this Agreement shall constitute a binding contract between the parties, For the Employer: Signature………………………………………………………………… Name ……………………………………………………………………. Capacity …………………………………..……………………….….. Name and address of organisation: ……………………………………..…………………………… ..………………………………………………………………… ..…………………………………………………………………

Signature and name of witness: Signature ….……………………………….…………………..

Name …………………………………...……………….……..

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Date …………………………………………….……………… 1.3 SCHEDULE OF DEVIATIONS

The extent of deviations from the tender documents issued by the employer before the tender closing date is limited to those permitted in terms of the conditions of tender. A tenderer’s covering letter shall not be included in the final contract document. Should nay matter in such letter, which constitutes a deviation as aforesaid, be the subject of agreements reached during the process of offer and acceptance, the outcome of such agreement shall be recorded here. 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. Any change or addition to the tender documents arising from the above agreements and recorded here shall also be incorporated into the final draft of the contract. 1. Subject ……………………………………………………………………………………

Details ……………………………………………………………………………………

2. Subject …………………………………………………………………………………….. Details ……………………………………………………………………………………..

3. Subject …………………………………………………………………………………….. Details ……………………………………………………………………………………..

4. Subject …………………………………………………………………………………….. Details ……………………………………………………………………………………..

5. Subject …………………………………………………………………………………….. Details ……………………………………………………………………………………..

6. 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 tenderer schedules, as well as any confirmation, clarification or changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance.

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It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this agreement shall have any meaning or effect in the contract between the parties arising from this agreement. For the tenderer: Signature(s) …………………..……………….. ……………………………..……… Name(s) …………………….……………… …………………………………….. Capacity …………………………………… …………………………………….. …………………………………………………………………………………… (Name and address of organisation) 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 ………………………………

24

KHÂI MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

C1.2 CONTRACT DATA

CONTRACT DATA FOR: KHAI MA MUNICIPALITY: CONSTRUCTION / UPGRDING OF THE EXISITNG WATER RETICULATION NETWORK, PHASE 1 – CONSITING OF APPROXIMATELY 6 KM, REPLACING EXISTING ASBESTOS PIPES TO UPVC.

PART 1: DATA PROVIDED BY THE EMPLOYER CONDITIONS OF CONTRACT

The General Conditions of Contract are the Standard Professional Services Contract (July 2009), third

edition, cidb document 1014, published by the Construction Industry Development Board (CIDB). Copies

are available on the CIDB website at www.cidb.org.za.

CONTRACT SPECIFIC DATA

The following contract specific data are applicable to this Contract:

Compulsory Data

Ref Clause DESCRIPTION

The name of the Employer is KHAI MA MUNICIPALITY.

3.4.1.1

The address of the Employer is:

Name: ……KHAI MA MUNICIPALITY…………………………. Address: …P O Box 108, POFADDER, 8890 Tel: 054 9331000 Fax: 054 933 0252 E-mail: ……[email protected]

3.4.1.2 The authorized & designated representative of the employer is the Municipal Manager: Khâi Ma Municipality.

3.5 The location of Performance of the project is at Khâi Ma Municipal, jurisdiction (Pofadder).

3.6 The service provider may not release public or media statements or publish material relating to the

services or project under any circumstances.

3.15.1.1 The Programme shall be submitted within 14 days of the award of the contract.

3.15.1.2 It is a requirement that the service provider develop a programme that ensures a contractor can be

appointed within two months after award.

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3.16 The service provider’s fee shall remain firm for the contract duration.

4.1.1.1 The Project is: Khâi Ma Municipality: Construction/upgrading of existing water reticulation network in Pofadder (6km).

4.7 The Pricing Strategy is Actual cost incurred and will be determined in line with the latest ECSA

guidelines for estimating fees for routine work.

5.3.1

The designated representative for the service provider for the duration of this contract shall be

-----------------------------------------------------------------------------------------------------------------------------

(Name, Surname in block letters)

5.4.3 The service provider is required to provide professional indemnity cover to the value of twice the

amount payable to the service provider and for the duration of the appointment.

7.2.1.2

The service provider is required to provide the names of key personnel that will be used on this

project along with their cv’s for approval prior to commencement of the project. The project team

along with their cv’s and supporting document are to be included in Schedule D of this document.

8.1.1 The Service Provider is to commence the performance of the services within 14 days of the date the contract becomes effective.

8.2.1.1 The Contract is concluded when a certificate of completion of the construction works is issued. Service providers will however still be responsible to execute a retention inspection and issue a final certificate of payment.

9.1.1 Copyright of documents prepared for the project by the service provider shall be vested with the employer.

12.2.1.1 Should the parties fail to agree on a mediator, the mediator shall be nominated by employer.

12.3.3.1 Should the parties fail to agree on an adjudicator, the adjudicator shall be nominated by employer.

12.4.2.1 Should the parties fail to agree on an arbitrator, the arbitrator shall be nominated by employer.

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PART 2: DATA PROVIDED BY THE SERVICE PROVIDER

Ref Clause

DESCRIPTION

Clause (1)

The name of the Service Provider is …………………………………………………..…..……………………………….

Clause (1)

The address of the Service Provider is:

Name: ……………………............................……………………………….………………………………………………. Address: ……………………………………...........................……………………….…………………………………….. …………………………………………………………………............................………………………………………….. Tel: …………….................……………………………..… Fax: ……...........…………………………………………

E-mail: ………………………………………………………………………………...........................…………………….

Clause

1 The period of performance is: …………………………………………………………………………………………….

Clause

5.3

The authorized and designated representative of the service provider is:

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

27

KHÂI MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

C2.1: PRICING INSTRUCTIONS

1. The activity schedule must be read in conjunction with the conditions of tender, conditions of

contract and scope of works. Detailed descriptions of the activities to be priced are provided in the scope of work, with reference to the guidance scope services and tariff of fees in terms of the Engineering Professions Act, 2000.

2. The fees tendered will be for normal services as per definition provided by the latest ECSA guideline for services and processes for estimating fees for registered persons.

3. For the purpose of the Activity Schedule, the following words shall have meanings hereby assigned to them:

Unit : The unit of measurement for each item of work.

Quantity : The number of units of work for each item.

Rate : The agreed payment per unit of measurement.

Amount : The product of the quantity and the agreed rate for an item.

Sum : An agreed lump sum payment amount for an item, the extent of which is described in the Scope of Work, but the quantity of work that is not measured in any units.

Percentage Fee: The agreed fee for a service, the extent of which is described in the Scope of Works, expressed as a percentage of a construction contract value or part thereof.

4. A rate, sum, percentage fee and/or price as applicable, is to be entered against each item in Activity Schedule. An item against which no price is entered will be considered to be covered by the other prices or rates in the Activity Schedule.

5. The rates, sums, percentage fees, and prices in the Schedule of Activities are to be fully inclusive prices for the work described under the several items. Such prices and rates cover all costs and expenses that may be required in and for the execution of the work described in accordance with the provisions of the Scope of Work, and shall cover the cost of all general risks, liabilities, and obligations set forth or implied in the Contract Data, as well as overhead charges and profit.

6. Where quantities are given in the Activity Schedule, these are provisional and do not necessarily represent the actual amount of work to be done. The quantities of work accepted and certified for payment will be used for determining payments due and not the quantities given in the Activity Schedule.

7. While the Employer has every intent to complete the full scope of works, the Employer reserves the right to reduce or increase the scope of works according to the dictates of the budget, or to terminate this contract, with adjustment to the agreed rates, sums, or fees and without payment of any penalty in this regard. The Service Provider shall however be entitled to pro-rata payment for all services carried out in terms of any adjustment to the Scope of Work or, in the case of termination, remuneration and/or reimbursement.

8. The tender document for the appointment of the Contractors shall be prepared in the Construction Industry Development Board’s (CIDB) format as per the latest edition at the time of going out on tender. The Service Provider shall liaise with the Employer during the preparation

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of the contract document to determine any other specific requirements that the Employer may have in this regard.

9. Tenderers are to note that there will be no adjustment in the rates, sums, percentage fees and/or prices tendered. By virtue of the fact that the price for professional services rendered is developed, in the most part, from a construction contract value which will be subject to contract price adjustment, the Service Provider will benefit from adjustment in this regard. In developing any other rates, tenderers must make allowance for annual increases. This is relevant, in particular, to the remuneration of construction monitoring staff.

10. Tenderers are to note that only recoverable expenses listed in the Activity Schedule will be reimbursed to the Service Provider. No reimbursement of costs for subsistence, typing, printing/copying (other than reports and/or tender documents), communications of computer hardware and/or software will be made and these costs will be deemed to be included in the rates, sums, percentage fees and prices for normal and additional services rendered.

11. Travel expenses will only be payable within the district municipal boundaries.

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KHÂ MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

C2.2: ACTIVITY SCHEDULE OF SERVICES

Project type

(1) The project entails the upgrading of existing water reticulation network of phase one, conisting of approximately six kilometers. This project falls within the scope of normal services as per definition provided by the latest ECSA guideline for services and processes for estimating fees for registered persons (Government Gazette 39480 December 2015). The work type is for Civil Engineering services and the project classified as Building, Civils / Municipal Services ( Refer to table 4.1 of the ECSA guidelines).

Tenderers to make use of Table 4.5, 4.6, 4.7 and Figure 4-1 to calculate the percentage fees based on the cost of the works. For the purpose of this tender a proposed project value of R 4 500 000.00 is estimated. Please price Table 1.

Item No. 1: Fees based on cost of works

Precentage Fee*

...................%.

R...........................................................

*TOTAL FEE TO BE CARRIED OVER TO SUMMARY PAGE Item No. 2: Expenses and costs Item No

Description Unit Quantity Rate Amount (R)

2.1

Travelling expenses (Quantities are estimates and will be reimbursed based on contract conditions and actual quantities) Recoverable expenses in respect of travelling. Includes traveling for site meetings and site inspections calculated from Springbok (Please provide your list of available vehicles to be used for the project and the estimated km’s to be travelled per vehicle will be based on a total of 8000 km) The bulk of km’s must be allocated to vehicles with a capacity of 2 500 cc and

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lower Engine Capacity 1:........................... Engine Capacity 2:........................... Engine Capacity 3:...........................

Km Km Km

2.2

2.2.1

2.2.2

2.2.3

2.2.4

2.2.5

Administrative Reimbursables Expenses incured in respect of printing/copying as specified below: Printing: size A3 Printing: size A4 Printing: size A4 (colour) Binding of contract documents Advertisments in at least 3 newspapers

No

No

No

No

Sum

50

1250

10

10

1

2.4

2.4.1

2.4.2

2.4.3

2.4.4

2.4.5

Time based fees Rate only for the following designated staff applicable to their use (currently unforseen) as for additional work authorised by the client: Director Professional Engineer (Pr Eng) / Professional Engineering Technologist (Pr Tech) Engineer / Technologist Professional Technician (PrTechniEng) Technician

R/h R/h R/h R/h R/h

10h

20h

30h

30h

50h

Rate only

Rate only

Rate only

Rate only

Rate only

TOTAL CARRIED OVER TO SUMMARY PAGE

Item No. 3: Additional Sevices Item No

Description Unit Quantity Rate Amount (R)

3.

3.1

3.1.1

3.2

Additional Services All work stages Setting out/Staking out the works and indicating any boundary beacons and other reference marks Construction Monitoring

Sum

1

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3.2.1

3.2.2

3.3

Clark of works (Local appointment x 1) Mark - Up cost for the Engineer (on total of item 3.2.1) Duties under the Occupational Health and Safety Act, 1993 (Act No.85 of 1993) Execute a Risk assesment and compile specifications. Monitor the Contrator to ensure compliance with the Act and specifications as agent of the Client.

Sum

%

Sum

Sum

1

1

1

TOTAL CARRIED OVER TO SUMMARY PAGE

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KHÂI MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

SUMMARY OF ACTIVITY SCHEDULE

A: TOTAL OF ITEM NO.1

R..........................................

B: TOTAL OF ITEM NO.2

R..........................................

C: TOTAL OF ITEM NO.3

R..........................................

D: SUB TOTAL (A + B + C)

R..........................................

E: CONTINGENCIES (10%)

R..........................................

F: SUB TOTAL (D+E)

R..........................................

G: VALUE ADDED TAX (14% OF F ABOVE)

R..........................................

H: TENDER PRICE CARRIED FORWARD TO FORM OF OFFER (F+G)

R..........................................

..................................................................................... NAME OF SIGNATORY ..................................................................... .................................................................. SIGNATURE DATE

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KHÂI MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

C3: SCOPE OF WORKS

C3.1 INTRODUCTION Khâi Ma Municipality requires the services of a suitable, experienced consulting firm to assist the Infrastructure department with Professional Services to complete the construction / upgrading the existing water reticulation network in municipal jurisdiction, Pofadder. The municipality want the following proposed works executed: Table C3: Proposed construction / upgrading of the existing water reticulation network.

Facility Proposed Works

Pofadder • Final design and approval of the planned works (phase 1 – 6km), including EPWP design principles

• Approval of tender document, incl. EPWP • Appointment of contractor • Attendance of monthly site and project meetings • Monitor training, employment and reporting of local

beneficiaries • Monitoring progress, quality and cost on the project • Involvement in completion, takeover and testing. • Project close out

C3.2 DESCRIPTION OF SERVICES REQUIRED TO BE RENDERED BY SERVICE PROVIDER

The services to be provided will be for normal services as described in the latest ECSA guideline for services and processes for estimating fees for registered persons:

• Inception 1) Assist in developing a clear project brief 2) Attend project initiation meetings 3) Advise on the rights, constraints, consents and approvals 4) Define the scope of services and scope of work required 5) Conclude the terms of the agreement with the client 6) Inspect the site and advise on the necessary surveys, analyses, tests and site or other

investigation where such information will be required for Stage 2 including the availability and location of infrastructure and services

7) Determine the availability of data, drawings and plans relating to the project 8) Advise on criteria that could influence the project life cycle cost significantly

• Concept and Viability 1) Establish the concept design criteria 2) Prepare initial concept design and related documentation 3) Advise the client regarding further surveys, analyses, tests and investigations which

may be required

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4) Establish regulatory authorities’ requirements and incorporate into the designs 5) Refine and assess the concept design to ensure conformance with all regulatory

requirements and consents 6) Establish access, utilities, services and connections required for the design 7) Prepare preliminary designs, and related documentation for approval by authorities

and client and suitable for costing 8) Provide cost estimates and life cycle as required 9) Liaise, co-operate and provide necessary information to the client

• Design Development 1) Incorporate client’s and authorities’ detailed requirements into the design 2) Prepare design development drawings including draft technical details and

specifications 3) Review and evaluate design and outline specification and exercise cost control 4) Prepare detailed estimates of construction cost 5) Submit the necessary design documentation to local and other authorities for approval

• Documentation and Procurement

1) Prepare specifications and preambles for the works 2) Check cost estimates and adjust designs and documents if necessary to remain within

budget 3) Prepare labour intensive documentation for contractor procurement 4) Review designs, drawings and schedules for compliance with approved budget 5) Assist in calling for tenders and/or negotiation of prices 6) Assist in the evaluation of tenders 7) Assist with the preparation of contract documentation for signature 8) Assess samples and products for compliance and design intent

• Contract Administration and Inspection

1) Facilitate site handover 2) Issue construction documentation in accordance with the documentation schedule

including, in the case of structural engineering, reinforcing bending schedules and detailing and specifications of structural steel sections and connections

3) Carry out contract administration procedures in terms of the contract 4) Prepare schedules of predicted cash flow 5) Prepare pro-active estimates of proposed variations for client decision making 6) Facilitate regular site, technical and progress meetings 7) Inspect works for conformity to contract documentation 8) Adjudicate and resolve financial claims by contractors 9) Assist in the resolution of contractual claims by the contractor 10) Establish and maintain a financial control system 11) Clarify details and descriptions during construction as required 12) Update and issue drawings register 13) Issue contract instructions as and when required 14) Review and comment on operation and maintenance manuals, guarantee certificates

and warranties 15) Inspect the works and issue practical completion and defects lists 16) Arranging for the delivery of all test certificates, including the Electrical Certificate of

Compliance (when applicable), statutory and other approvals, as built drawings and operating manuals

• Close Out

1) Inspect and verify the rectification of defects 2) Receive, comment and approve relevant payment valuations and completion

certificates

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3) Prepare and/or procure operations and maintenance manuals (when applicable), guarantees and warrantees

4) Prepare and/or procure as-built drawings and documentation 5) Conclude the final accounts where relevant

C3.3 APPLICABLE STANDARDS

The Service Provider shall take cognizance of, and adhere to, all applicable local, Provincial, National and International Standards in the execution of his work.

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KHÂI MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

C4: SITE INFORMATION The construction/upgrading works will take place in Pofadder, within the Khai Ma jurisdiction. Pofadder is approximately 160km from Springbok via the N14 national road and the access roads to Pofadder is in a good condition. The construction/upgrading works will take place in the existing, developed town of Pofadder.

37

KHÂI MA MUNICIPALITY

NOTICE NUMBER: KHO18/2017

PROJECT NAME: KHÂI MA MUNICIPALITY: CONSTRUCTION / UPGRADING OF THE EXISTING WATER RETICULATION NETWORK, POFADDER

DRAWINGS KHO18/2017: Locality Map KHO18/2017: Proposed Works

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