THE UPGRADING OF THE MATSAFENI NORTHERN … - 2016 Tender... · Email: [email protected]...

Bid No 158/2016 Part C2: Pricing Data Section C2.1: Pricing Instructions

Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2

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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



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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

mailto:[email protected]

Bid No 158/2016 Contents List


i

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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


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


MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO: 158/2016


PORTION 1: TENDER

Part T1

Tendering Procedures



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MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO: 158/2016


PORTION 1: TENDER

Section T1.1

Tender Notice and Invitation to Tender

Bid No 158/2016 Tender Notice and Invitation to Tender


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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




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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



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TENDER NOTICE & INVITATION



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T1.1 TENDER NOTICE AND INVITATION TO TENDER

BID NO: 158/2016 CLOSING DATE: 10 November 2017


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.

http://www.etenders.gov.za/

http://www.mbombela.gov.za/



MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


PORTION 1: TENDER

Section T1.2

Tender Data

Bid No 158/2016 Part T1: Tendering Procedure Section T1.2: Tender Data


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MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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



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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




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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.


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.


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.


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.




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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.


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.


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.


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).



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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.


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:



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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.


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),



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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.


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.


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.



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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.


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)).


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.



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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.



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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



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



T1.2-12

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.



T1.2-13

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.



T1.2-14

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



T1.2-15

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.”



T1.2-16

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.



T1.2-17

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



T1.2-18

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.



T1.2-19

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

Bid No 158/2016 Part T1: Tendering Procedure Section T1.3: Standard Conditions of Tender


T1.3-1

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


PORTION 1: TENDER

Section T1.3

Standard Conditions of Tender



T1.3-2

MPU8ALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2017


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



T1.3-3

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.



T1.3-4

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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.



T1.3-5

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



T1.3-6

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



T1.3-7

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.



T1.3-8

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.



T1.3-9

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



T1.3-10

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.



T1.3-11

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".



T1.3-12

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.



T1.3-13

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.



T1.3-14

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.



T1.3-15

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:



T1.3-16

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.



T1.3-17

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:



T1.3-18

TEV = NFO + Nq



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



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


accordance with 3.11.7;

Np is the number of tender evaluation points awarded for preferences claimed in


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.



T1.3-19

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



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.



T1.3-20

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.



T1.3-21

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.



MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


PORTION 1: TENDER

Part T2

Returnable Documents

Bid No 158/2016 Part T2: Returnable Documents Contents List


T2.1

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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



T2.1-1

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


PORTION 1: TENDER

Part T2

List of Returnable Documents

Bid No 158/2018 List of Returnable Documents


T2.1-2

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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


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



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





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



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: ........…………………….…...........



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: ..................................



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.



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



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 …………………………………………………………………………..

…………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………



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)



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]



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



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


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



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)



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:………………………………………………..



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)



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



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)



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]



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):

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



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:................................................



T2.2-10

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.



T2.2-11

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: ……………………………………………………………………………..……………………………………………………………………………..



T2.2-12

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



T2.2-13

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



T2.2-14

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.



T2.2-15

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.



T2.2-16

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:…………….……………………….…………………………….



T2.2-17

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



T2.2-18

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. …………………………………….



T2.2-19

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


4.3 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

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

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



T2.2-20


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


4.5 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


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



T2.2-21

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.



T2.2-22

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.



T2.2-23

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



T2.2-24

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



T2.2-25

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



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)



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

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 (Functionality)


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


6

3


6



T2.2-29

4


6

5


6

SUB TOTAL: Max:

30



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



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



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



T2.2-33

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.………………………………………………………………………………………



T2.2-34

B. CALCULATION OF OVERALL TENDER EVALUATION POINTS

FUNCTIONALITY POINTS:

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

CO

MP

ET

EN

CE

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.



T2.2-35

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)



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)



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



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



T2.3-4

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



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



T2.3-6

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.



T2.3-7

(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)



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



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.



T2.4-3

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: …………………………………



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,



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.



T2.4-6

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

Bid No 158/2016 Part C1: Agreements and Contract Data Contents List


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MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


PORTION 2: CONTRACT

AGREEMENT AND CONTRACT DATA ……………………………………………………………

PRICING DATA ………………………………………………………………………………………..

SCOPE OF WORKS ………………………………………………………………………………….

SITE INFORMATION ……………………………………………………………………………..

Bid No 158/2016 Part C1: Agreements and Contract Data Contents List


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MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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


PORTION 2: CONTRACT

Section C1.1

Safety Agreement

Bid No 158/2016 Part C1: Agreements and Contract Data Section C1.1: Safety Agreement


C1-1

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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



C1-4

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



C1-5

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



C1-6

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



C1-7

(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: ………………………………………………….



C1-8

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

Bid No 158/2016 Part C1: Agreements and Contract Data Section C1.2: Form of Offer and Acceptance


C1-9

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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,



C1-11

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

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: ………………….………….….….. …….…………….…..……………..



C1-13

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

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


Name and

signature

of witness: ………………….…………..…….. Date: …….…………….……….…

For the Employer:

Signature(s): …………………..………….…….. …….…………..….………………..

Name(s): ………………….…………..…….. …….…………….………..………..

Capacity: ………………….………….….….. …….…………….…..……………..

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


Name and

signature

of witness: ………………….…………..…….. Date: …….…………….……….…

Bid No 158/2016 Part C1: Agreements and Contract Data Section C1.4: Agreement with Adjudicator


C1-14

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


(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.



C1-15

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



C1-16

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.



C1-17

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



C1-18

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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.



C1-19

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: ................................................

Bid No 158/2016 Part C1: Agreements and Contract Data Section C1.5: Contract Data


C1-20

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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.



C1-21

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




C1-22

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)


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



C1-23

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)


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



C1-24

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.



C1-25

“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.



C1-26

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



C1-27

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.



C1-28

(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.



C1-37

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


C2.1-i

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


PORTION 2: CONTRACT

Part C2

Pricing Data

Bid No 158/2016 Part C2: Pricing Data Contents List


C2.1-ii

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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



C2.1-iii

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


PORTION 2: CONTRACT

Section C2.1

Pricing Instructions



C2-1-1

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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



C2-1-2

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


C2-2-i

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


PORTION 2: CONTRACT

Section C2.2

Bill of Quantities

Bid No 158/2016 Section C2.3 Summary of Bill of Quantities


C2-2.ii

Error! Not a valid link.

INSERT BILL OF QUANTITIES HERE



C3-i

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


PORTION 2: CONTRACT

Section C2.3

Summary of Bill of Quantities



C3-1-1

INSERT SUMMARY OF BILL OF QUANTITIES HERE

Bid No 158/2016 Section C3: Scope of Works Title Page


C3-i

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


PORTION 2: CONTRACT

Part C3

Scope of Works

Bid No 158/2016 Section C3: Scope of Works Contents List


C3-ii

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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



C3-iii

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

Bid No 158/2016 Section C3: Scope of Works Section C3.1: Description of Works


C3-1-1

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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



C3-1-2

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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



C3-1-3

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


MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


PORTION 2: CONTRACT

Section C3.2

Engineering

Bid No 158/2016 Part C3: Scope of Works Contents list


MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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

Bid No 158/2016 Section C3: Scope of Works Section C3.2: Engineering


C3.2-1

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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

Bid No 158/2016 Part C3: Scope of Works Title Page


MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


PORTION 2: CONTRACT

Section C3.3

Procurement

Bid No 158/2016 Part C3: Scope of Works Section C3.3: Procurement


C3.3-viii

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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

Bid No 158/2016 Section C3: Scope of Works Section C3.3: Procurement


C3.3-1

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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

Bid No 158/2016 Part C3: Scope of Works Section C3.3: Procurement


C3.3-2

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

Bid No 158/2016 Part C3: Scope of works Title Page


C3.4-2

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


PORTION 2: CONTRACT

Section C3.4

Construction



C3.3-2

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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

Bid No 158/2016 Section C3: Scope of Works Section 3.4: Construction


C3.4

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


PORTION 2: CONTRACT

Section C3.4.1

Standard Specifications



C3.4

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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

Bid No 158/2016 Part C3: Scope of works Section C3.4: Construction


C3.4-2

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

Bid No 158/2016 Part C3: Scope of works Title Page


C3.4-3

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


PORTION 2: CONTRACT

Section C3.4.2

Variation and Additions to Standard and Particular

Specifications



C3.4-4

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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.

Bid No 158/2016 Section C3: Scope of Work, Section C3.4: Construction Section C3.4.2: Variations and Additions to Standard and Particular Specifications PSA General


PSA-1

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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

Bid No 158/2016 Part C3: Scope of work, Section C3.4: Construction Section C3.4.21: Variations and Additions to Standard and Particular Specifications PSB Engineer’s Office


PSA-2

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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.



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.



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:



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,



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.



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.



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.




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.




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



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



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.

Bid No 158/2016 Part C3: Scope of work, Section C3.4: Construction Section C3.4.21: Variations and Additions to Standard and Particular Specifications PSD Earthworks (Pipe Trenches)


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

Bid No 158/2016 Section C3: Scope of Work, Section C3.4: Construction Section C3.4.2: Variation and Additions to Standard and Particular Specifications PSDB Earthworks (Pipe Trenches)


PSDB-1

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.



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.



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



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.



PSDB-5

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-1

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-1

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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PSLB-2

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


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)



PSLB-3

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



PSLB-4

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 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.



PSLB-5

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.



PSLB-6

(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



PSLB-7

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



PSLB-8

(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.



PSLB-9

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



PSLB-10

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.



PSLB-11

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.



PSLB-12

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.



PSLB-13

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



PSLB-14

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



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.



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 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.

Bid No 158/2016 Section C3: Scope of Work, Section C3.4: Construction Section C3.4.2: Variation and Additions to Standard and Particular Specifications PSH Structural Steelwork


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.



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.

Bid No 158/2016 Section C3: Scope of Work, Section C3.4: Construction Section C3.4.2: Variation and Additions to Standard and Particular Specifications PSL Medium Pressure Pipelines


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.



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.



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.

Bid No 158/2016 Section C3: Scope of Work, Section C3.4: Construction Section C3.4.2: Variation and Additions to Standard and Particular Specifications PSLB Bedding (Pipes)


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.



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.

Bid No 158/2016 Part C3: Scope of Works Section C3.5: Management


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.



C3.5-2

MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


PORTION 2: CONTRACT

Section C3.5

Management



MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


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.



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.



C3.5-3

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.



C3.5-4

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.



C3.5-5

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



C3.5-6

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.



C3.5-7

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.



C3.5-8

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.



C3.5-9

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.



C3.5-10

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.



C3.5-11

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".



C3.5-12

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.



C3.5-13

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:



C3.5-14

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



C3.5-15

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


MPUMALANGA PROVINCE

CITY OF MBOMBELA

BID NO 158/2016


PORTION 2: CONTRACT

PART C4

SITE INFORMATION

Bid No 158/2016 Part C4: Site Information Section C4.1: Geotechnical Information


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.

THE UPGRADING OF THE MATSAFENI NORTHERN … - 2016 Tender... · Email: [email protected]...

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