PIKITUP JOHANNESBURG SOC LIMITED CIDB Class Grading 6CE or Higher CONTRACT NO: PU034/2017 APPOINTMENT OF A CONTRACTOR FOR CONSTRUCTION OF A STORMWATER MANAGEMENT SYSTEM IN ROBINSON DEEP LANDFILL SITE FOR PIKITUP JOHANNESBURG SOC LIMITED. PROCUREMENT DOCUMENT : VOLUME 1 11 SEPTEMBER 2017 NAME OF TENDERER: .......................................................................................... TENDER PRICE: .......................................................................................... ISSUED BY: The Managing Director PIKITUP JOHANNESBURG SOC LIMITED 66 Jorissen Street BRAAMFONTEIN 2001 Contact Person: Thobile Mgidi E-mail: [email protected]
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PIKITUP JOHANNESBURG SOC LIMITED
CIDB Class Grading 6CE or Higher
CONTRACT NO: PU034/2017
APPOINTMENT OF A CONTRACTOR FOR CONSTRUCTION OF A STORMWATER MANAGEMENT SYSTEM IN ROBINSON DEEP LANDFILL SITE FOR PIKITUP JOHANNESBURG SOC LIMITED.
PROCUREMENT DOCUMENT : VOLUME 1 11 SEPTEMBER 2017
NAME OF TENDERER: ..........................................................................................
The Employer is: Managing Director PIKITUP JOHANNESBURG SOC LIMITED 66 Jorissen Street Braamfontein 2001
F.1.2
TENDER DOCUMENTS
The Tender documents issued by the Employer comprise:
THE TENDER
VOLUME 1 PAGE COLOUR
Part T1 Tendering procedures (White) Part T1.1 Tender notice and invitation to Tender (White) Part T1.2 Tender data (Pink) Part T1.3 Standard Conditions of Tender (Pink) Part T1.4 Project Overview Summary (Pink) Part T2 Returnable documents (Yellow) Part T2.1 Pre-compliance and Functionality evaluation (Yellow) Part T2.2 List of returnable documents (Yellow) Part T2.3 Returnable schedules (Yellow)
THE CONTRACT
Part C1 Agreements and contract data (Yellow) C1.1 Form of offer and acceptance (Yellow) C1.2 Special Condition (Yellow) C1.3 Contract data (Yellow) C1.4 Form of Guarantee (White) C1.5 Agreement in terms of Occupational Health and Safety Act, 1993 (Blue) Part C2 Pricing Data (Yellow) C2.1 Pricing Instructions (Yellow) C2.2 Bill of Quantity (Yellow) VOLUME 1 Part C3 Scope of Works (Blue) C3 Scope of Works (Blue) Part C4 Site Information (Green) C4 Site Information (Green)
Pikitup Johannesburg SOC Ltd invites prospective bidders to submit proposal documents as part of the bid process for works required below:
PROJECT NO PU034/2017
PROJECT DESCRIPTION
APPOINTMENT OF A CONTRACTOR FOR CONSTRUCTION OF A STORMWATER MANAGEMENT SYSTEM IN ROBINSON DEEP LANDFILL SITE FOR PIKITUP JOHANNESBURG SOC LIMITED.
COMPULSORY INFORMATION MEETING DATE AND TIME
11 OCTOBER 2017 FROM 11:00 TO 12:00
COMPULSORY SITE INSPECTION VENUE
COMPULSORY CLARIFICATION MEETING WITH THE REPRESENTATIVE OF THE EMPLOYER WILL BE HELD AT ON-SITE 105 TURFFONTEIN ROAD, JOHANNESBURG, 2197, SOUTH AFRICA AT LATITUDE -26°23`16.07”S AND LONGITUDE 28°04`25.04”E.
EVALUATION CRITERIA
PRE-COMPLIANCE EVALUATION, FUNCTIONALITY EVALUATION, AND PRICE AND PREFERENCE (80/20)
MINIMUM REQUIREMENTS
ACTIVE CIDB REGISTRATION CERTIFICATE ON A CLASS OF CONSTRUCTION GRADING OF 6CE OR HIGHER AND BBBEE STATUS LEVEL 5 OR BETTER
Prospective tenderers must be registered with the CIDB contractors who meet the criteria stated in the Tender data may submit their tender offers and Joint ventures or companies which are part of a joint venture must also be registered with the CIDB. Bid documents are obtainable from the 22 September 2017 until date of closure, for downloading on e-tender portal free of charge. A copy of the tender document will also be available from the Pikitup Tender Office, Ground Floor, East Wing, Jorissen Place, 66 Jorissen Street, Braamfontein (Office Hrs 09h00 to 15h00 weekdays only) at a Non-Refundable tender deposit fee of R200.00 which must be deposited into the Pikitup’s bank account as follows: Standard Bank, Account No. 000190594, Branch 000205, Ref No. 8822191807315/PU034/2017. Proof of payment is required upon collection of the tender documents. NOTE THAT CASH OR CARD PAYMENTS ARE NOT ACCEPTED AT THE TENDER OFFICE. Sealed bid documents completed in black ink and clearly marked “Contract No. PU034/2017: Construction of Stormwater management at Robinson deep landfill site for Pikitup Johannesburg SOC Limited” must be placed in the Tender Box, Tender Office, Ground Floor, PIKITUP Johannesburg SOC Limited, Jorissen Place, 66 Jorissen Street, Braamfontein, Johannesburg, not later than 11h00 on the 23 October 2017. Tenders shall remain valid for a period of 90 days from closing date. Bidders are required to submit a valid B-BBEE Status Level Verification Certificates / valid sworn affidavit in compliance with the code of practice issued under section (9) thereof to substantiate B-BBEE rating claim. Bidders are to note that term of PPPFA 2000: of 2017 will apply to this tender.
LATE, TELEGRAPHIC, FACSIMILE OR E-MAILED BID DOCUMENTS WILL NOT BE CONSIDERED All Technical and SCM Enquiries must be addressed in writing to Thobile Mgidi [email protected]. Tenders will be evaluated in terms of the Supply Chain Management policy of PIKITUP Johannesburg SOC Limited and the lowest tender will not necessarily be accepted and the right to accept the whole or part of any tender or not to consider any tender not suitably endorsed is fully reserved by PIKITUP Johannesburg SOC Limited. Thobile Mgidi – SCM PIKITUP Johannesburg SOC Limited.
The conditions of tender are the Standard Conditions of Tender as contained in Annex F of the CIDB
Standard for Uniformity in Construction Procurement (July 2015) (Available on www.cidb.co.za).
The Tender Data makes several references to the CIDB Standard Conditions of Tender for details that
apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any
ambiguity or inconsistency between it and the CIDB Standard Conditions of Tender.
Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender
to which it mainly applies.
Clause number Data
F.1.4
Communication and employer’s
agent
The Employer's agent is: Name: ..Boiketlo Consulting Engineers cc.................................... Address: .137 Soutpansberg Drive......................................... Van Riebeeck Park, 1619................................................................. Tel: .011 391-1927........... Fax: .011 391-1865................ E-mail: [email protected].......................
F.1.5
Cancellation and Re-invitation of Tenders
F.1.5.1 An organ of state may prior to the award of the tender, cancel a tender if-
(a) due to change circumstances, there is no longer a need for the services,
works or goods requested; or
(b) funds are no longer available to cover the total envisaged expenditure;
or
(c) no acceptable tenders are received.
F.1.5.2 The decision to cancel the tender must be published in the CIDB website and
in the government
Tender Bulletin for the media in which the original tender invitation was
advertised.
F.2.1
Eligibility
Only those Tenderers who have in their employ management and supervisory staff satisfying the requirements of the scope of work for labour intensive competencies for supervisory and management staff are eligible to submit Tenders.
Only those Tenderers who are registered with the CIDB in a contractor grading designation equal to or higher than a contractor grading designation determined in accordance with the sum tendered for a 6 CE or higher class of construction work,
Joint Ventures are eligible to submit Tenders provided that:
(1) each member of the joint venture is registered with the CIDB,
(2) the lead partner has a contractor grading designation in the 6CE or higher class of construction work; and
(3) the combined contractor grading designation calculated in accordance with the Construction Industry Development Regulations (according to the CIDB website Joint Venture Grading Designation Calculator) is equal to or higher than a contractor grading designation determined in accordance with the sum tendered for a 6CE or higher class of construction work.
F.2.2 F.2.2.1 Accept that, unless otherwise stated in the tender data, the Employer will not
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.
F.2.2.2 The cost of the tender documents charged by the employer shall be limited
to the actual
Cost incurred by the employer for printing the documents. Employers must
attempt to make
available the tender documents on its website so as not to incur cost pertaining to
the printing
of the tender documents.
F.2.3
Check documents
Check the tender documents on receipt for completeness and notify the employer of any discrepancy
or omission.
F.2.4 Confidentiality
and copyright of documents
Treat as confidential all matters arising in connection with the tender. Use and copy the documents
issued by the employer only for the purpose of preparing and submitting a tender offer in response to
the invitation.
F.2.5
Reference documents
Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards,
specifications, conditions of contract and other publications, which are not attached but which are
incorporated into the tender documents by reference.
F.2.7
Clarification meeting
The arrangements for a compulsory information session are:
ROBINSON DEEP LANDFILL, NO.105 TURFFONTEIN ROAD, JOHANNESBURG,2197 SOUTH AFRICA
Date: 11 OCTOBER, 2017. Starting time: 11:00
F.2.8
Seek clarification
Request clarification of the tender documents, if necessary, by notifying the employer at least five working days before the closing time stated in the tender data. Questions or queries must be submitted to the Pikitup representative at least five (5) working days before the stipulated closing date and time of the tender in writing to [email protected] However, PIKITUP shall not be liable nor assume liability for failure to respond to any questions and / or queries raised by the Tenderer.
F.2.10
Pricing the tender offer
F.2.10.1
Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes
(except Value Added Tax (VAT), and other levies payable by the successful tenderer, such duties,
taxes and levies being those applicable 14 days before the closing time stated in the tender data.
Show VAT payable by the employer separately as an addition to the tendered total of the prices.
F.2.10.3
Provide rates and prices that are fixed for the duration of the contract and not subject to adjustment except as provided for in the conditions of contract identified in the contract data.
F.2.10.4
State the rates and prices in Rand unless instructed otherwise in the tender data. The conditions of contract identified in the contract data may provide for part payment in other currencies.
F.2.11 Alterations to
documents
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.
F.2.12 Alternative
tender offers
F.2.12.1 Unless otherwise stated in the tender data, submit alternative tender offers
only if a main tender offer, strictly in accordance with all the requirements of
the tender documents, is also submitted as well as a schedule that
compares the requirements of the tender documents with the alternative
requirements that are proposed.
F.2.12.2 Accept that an alternative tender offer may be based only on the criteria stated in the tender data or criteria otherwise acceptable to the employer.
F.2.12.2 An alternative tender offer may only be considered in the event that the
main tender offer is the winning tender.
F.2.13.1
Submitting a tender offer
Tenderers should offer to provide all of the parts, of the works, services or supply identified in the contract data.
F.2.13.3
Submitting a tender offer
The whole original Tender document, as issued by the PIKITUP, shall be submitted. No copies will be accepted. Tenders may only be submitted on the Tender documentation issued by the PIKITUP.
F.2.13.4
Submitting a tender offer
Sign the original and all copies of the tender offer where required in terms of the tender data.
The employer will hold all authorized signatories liable on behalf of the tenderer. Signatories for
tenderers proposing to contract as joint ventures shall state which of the signatories is the lead partner
whom the employer shall hold liable for the purpose of the tender offer.
F.2.13.5
Submitting a tender offer
Sealed Tender documents should be deposited in the Pikitup Tender box as indicated below, by no later than the time and date reflected below.
The Employer’s address for delivery of Tender offers and identification details to be shown on each Tender offer package are:
Location of Tender box: Pikitup Head Office, Ground Floor, 66 Jorissen Street, Braamfontein
Identification details: CONTRACT NUMBER: PU034/2017 APPOINTMENT OF A CONTRACTOR FOR CONTRSUCTION OF STORMWATER MANAGEMENT IN ROBINSON DEEP LANDFILL SITE FOR PIKITUP JOHANNESBURG SOC LIMITED CIDB 6CE OR HIGHER.
F.2.13.8
Submitting a tender offer
Accept that the employer will not assume any responsibility for the misplacement or
premature opening of the tender offer if the outer package is not sealed and marked as stated.
F.2.15
Closing time
The closing time for submission of Tender offers is:
11:00 on 24 October 2017
Telephonic, telegraphic, telex, facsimile or e-mailed Tender offers will not be accepted.
F.2.16.3 Tender offer validity
If requested by the employer, consider extending the validity period stated in the
tender data for an agreed additional period, but not longer than 12 weeks.
F.2.18
Provide other material
The Tenderer shall, when requested by the Employer to do so, submit the names of all management and supervisory staff that will be employed to supervise the labour-intensive portion of the works together with satisfactory evidence that such staff members satisfy the eligibility requirements.
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.2.23
Certificates
The Tenderer is required to submit with the Tender:
(1) Valid Tax Clearance Certificate;
(2) Copy of Municipal statement or letter from the landlord and or statement of account from the landlord for the COMPANY stating that you are leasing the premises and confirm if your company’s municipal account is in order. The municipal statement and or letter from the landlord must not be older than 3 months and account must not be in arrears for more than ninety (90) days. AND
(3) Copy of Municipal statement or letter from the landlord and or statement of account for each company director/owner/member in order to verify that the director/owner/member municipal account are in order. The municipal statement and or letter from the landlord must not be older than 3 months and account must not be in arrears for more than ninety (90) days.
NB: The physical address of the company must be the same address as specified on the MBD1
form. In the event that the business is run from the domestic address, a signed letter by the
owner/landlord/managing agent of the property indicating such should be provided.
(4) Active CIDB registration certificate on a class of construction grading of 6CE or higher.
(5) Letter of good standing with COID.
(6) Valid Original or certified copy of BBBEE Scorecard
(7) Duly signed and fully completed forms (MBD 1, MBD 4, MBD 8 and MBD 9).
(8) Joint venture/Sub- Contracting- (if applicable) All the companies operating as Joint Ventures, the following must be complied to:
“A sub-contracting or joint venture agreement signed by all parties must be submitted. This
agreement must explain the roles and responsibilities of all parties including the nominated
signatory on behalf of the JV.
All parties to submit all relevant compulsory documents listed from (1) to (7) above.
Every member of the joint venture must be registered with CIDB and submit proof that their CIDB registration is active
The lead partner must have a contractor grading designation of 6CE or higher class of construction work; and the combined contractor grading designation calculated in accordance with the Construction Industry Development Regulations must be equal to or higher than a contractor grading designation for a 6CE or higher class of construction work.
NB: It is the condition of this bid that the successful bidder will continue with same
contractor or JV partner for the duration of the contract, unless agreed in writing by
PIKITUP.
F.3.4
Opening of tender
submissions
The time and location for opening of the Tender offers are:
Immediately after the closing time for submission of Tender.
Location: JORISSEN PLACE,66 JORISSEN STREET
BRAAMFONTEIN
GROUND FLOOR SCM UNIT
F.3.9
Arithmetical errors,
omissions and discrepancies
F.3.9.1 Check the highest ranked tender or tenderer with the highest number of
tender evaluation points after the evaluation of tender offers in accordance
with F.3.11 for:
a) the gross misplacement of the decimal point in any unit rate;
b) omissions made in completing the pricing schedule or bills of
quantities; or
c) arithmetic errors in:
I. line item totals resulting from the product of a unit rate and a
quantity in bills of quantities or schedules of prices; or
II. the summation of the prices.
F.3.9.2 The employer must correct the arithmetic errors in the following manner:
(a) Where there is a discrepancy between the amounts is words and
amounts in figures, the amount in words shall govern.
(b) If the 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.
(c) Where there is an error in the total of the prices either as a result of other
corrections required by this checking process or in the tenderer’s
addition of prices, the total of the prices shall govern and the tenderer
will be asked to revise selected item prices (and their rates if bills of
quantities apply) to achieve the tendered total of the prices.
Consider the rejection of a tender offer if the tenderer does not correct or
accept the correction of the arithmetical error in the manner described
above.
F.3.11
Evaluation of tender offers
The procedure for the evaluation of responsive Bids shall be Method 4, which evaluates financial offer, quality and preference.
The preference procedure for evaluation of responsive Tender offers shall be the 80/20-point preference system, being a maximum of 80 points for price and a maximum of 20 points for B-BBEE Status level of Contributor substantiated by the Broad-Based Black Economic Empowerment Status Level Certificate to be submitted in accordance with the Preferential Procurement Regulations, 2017 in full compliance with Form 2.3.3.
F.3.13.1
Acceptance of tender offer
Tenders containing any one or more of the errors or omissions, or Tenders not having complied with any one of the peremptory Tender conditions as detailed on page 2 of this Tender document, shall not be considered and shall automatically be rejected.
F.3.17
Provide copies of the contracts
The number of paper copies of the signed contract to be provided by the Employer is one.
Additional conditions
Applicable to this tender
The additional conditions of Tender are:
1 The Employer/Engineer may also request that the Tenderer provide written evidence that his financial, labour and other resources are adequate for carrying out the contract.
2 The Employer reserves the right to appoint a firm of chartered accountants and auditors and/or execute any other financial investigations on the financial resources of any Tenderer. The Tenderer shall provide all reasonable assistance in such investigations.
3 The Employer may appoint more than one Contractor on this project, subject to the specific conditions agreed to in the Form of Acceptance.
4 The Tender document shall be submitted as a whole and shall not be taken apart.
5 List of returnable documents (PART T2) must be completed in full. (A Tenderer’s company profile will not be used by the PIKITUP to complete PART T2 on behalf of the Tenderer)
6. Please note that total award made to a specific contractor over duration of contract will be limited to the maximum amount as for the CIDB grading of the contractor as on date of award.
NB: If PART T2 is not completed in full by the Tenderer, this offer will be rejected.
The project entails the construction of stormwater management systems in Robinson deep landfill site for Pikitup Johannesburg SOC Limited.
1.2. DESCRIPTION OF SITE AND ACCESS
Robinson deep landfill site is located within the Turffontein surburb, in the South-western portion of the City of Johannesburg along Turffontein road. The site is easily accessible via the integrated network of sealed roads within the Turffontein township. Access to the site is from M9 towards Turffontein.
1.3. EXTENT OF WORKS
The work to be carried out under Robinson deep landfill site contract mainly consists of the following:-
(a) General
Establishment of Contractor’s site camp - The contractor is required to make his own
arrangements for the provision of a suitable construction camp, offices, workshop and security.
He shall be responsible for all negotiation with the relevant authorities and he shall comply with
all requirements imposed by those authorities. Should the contractor require additional storage
sites outside of PIKITUP area, he/she will be responsible for making his/her own arrangements
at his/her own cost for such.
(b) Accommodation of traffic during construction in the landfill site.
(c) Clearing, Grubbing and Finishing.
(d) Excavation in all material for trenches, backfill, compact; and dispose of surplus unsuitable
material for V-drain.
(e) Where Pikitup makes backfilling material available the contractor will be expected to use
that material.
(f) Allow for keeping all excavations entirely free from water and mud.
(g) Management of risk of collapse of sides of excavations for trenches and holes from landfill
material.
(h) Imported earth filling supplied by the Contractor and brought onto site to make up levels in
the excavation and compacted to 93% modified AASHTO density.
or letter from the landlord must not be older than 3 months and account must not be
in arrears for more than ninety (90) days
AND
Copy of Municipal statement or letter from the landlord and or statement of account for each company director/owner/member in order to verify that the director/owner/member municipal account are in order. The municipal statement and or letter from the landlord must not be older than 3 months and account must not be in arrears for more than ninety (90) days.
NB: The physical address of the company must be the same address as specified on
the MBD1 form. In the event that the business is run from the domestic address, a
signed letter by the owner/landlord/managing agent of the property indicating such
should be provided.
c) Valid Original or certified copy of BBBEE certificate or sworn affidavit
(Minimum BBBEE Level Status 5)
d) Contractor to submit active CIDB registration certificate on a class of
construction grading of 6CE or higher.
e) Letter of good standing with (COID) Compensation for Occupational
Injuries and Diseases Act.
f) Duly signed and fully completed Declaration Forms per bid annexures
(MBD 1, MBD 4, MBD 8, MBD 9)
Attach letter of authorization if the signatory is not the Director/
For all the companies operating as Joint Ventures, the following
must be complied to:
“A sub-contracting or joint venture agreement signed by all parties
must be submitted. This agreement must explain the roles and
responsibilities of all parties including the nominated signatory on
behalf of the JV.
All parties to submit all relevant compulsory documents
listed from (a) to (g) above.
Every member of the joint venture must be registered with CIDB and proof that their CIDB registration is active
The lead partner must have a contractor grading designation of 6 CE or higher class of construction work; and the combined contractor grading designation calculated in accordance with the Construction Industry Development Regulations must be equal to or higher than a contractor grading designation for a 6CE or higher class of construction work.
previous and current clients with contactable details
(e-mails, cell phone, fax, address and telephone
numbers): 20 points
3 letters = 5
2 letters = 3
1 letter = 1
No ref. letter provided = 0
20
On site Project team leader or Contracts Manager’s experience, he/she must have a Degree or Diploma in Civil Engineering or Built Environment Company must provide CV of the Project team leader or Contracts Manager responsible for this project: 25 points
6 years and above = 5
5 years’ and above = 4
4 years’ and above = 3
3 years’ and above = 2
2 years’ and above = 1
Less than 2 years or no submission = 0
25
On site Project team leader or Contracts Manager must be registered with ECSA (Engineering Council of South Africa). Company must provide the ECSA registration certificate of a Project team leader or Contracts Manager responsible for this project: 20 Points
Registered = 5
Not submitted/Not registered = 0
20
Location of Business: 5 points
CoJ = 5
Gauteng = 3
South Africa = 1
Outside South Africa = 0
5
Total 100
Minimum Required Score/Threshold for Functionality = 70
NB! The minimum cut off points for functionality is 70 points out of 100 points, and any bidder scoring less than 70 points will not be considered for further evaluation.
Service provider(s) that qualified pre-evaluation in terms of the functionality cut-off points of 70 points, will thereafter be evaluated in terms of price (80 points) and BBBEE (20 points).
1. PRICE AND PREFERENCE CRITERIA
Firstly, Bidders will be evaluated in terms of pre-compliance requirements, then functionality, and
lastly be evaluated on price and BEE.
Price and preference evaluation for this bid will be done on the 80/20 basis.
The evaluation of the proposal will be based on the Preferential Procurement Regulation of 2017 using
Price and Preference. The evaluation will therefore be conducted in two stages, where Functionality
will be evaluated first. Secondly only qualifying bidders who meet the minimum required
score/threshold for Functionality evaluation will be evaluated further on Price and Preference.
Criteria Points
80/20
Price 80
Preference Points ((Points scored by the bidder in terms of their B-BBEE
contribution level as per the DTI Codes of Good Practice) (See Preference
Points Table below))
20
Total points for Price and Preference 100
Important Note:
In terms of the Legislative framework, the B-BBEE Act no. 53 of 2003 and the Codes of Good
Practice for BBBEE 2013, implemented with effect from 1 May 2015, Service Providers with
annual total revenue of R10 million or less qualify as Exempted Micro Enterprises (EMEs), and
must submit sworn affidavit or a Certificate issued by Companies and Intellectual Property
Commission (CIPC) confirming their annual turnover of R10 million or less. A Consolidated
BBBEE scorecard must be submitted for joint ventures to claim preference points.
Service Providers other than Exempted Micro Enterprises (EMEs) must submit their original and
valid B-BBEE status level verification certificate or a certified copy thereof, substantiating their
B-BBEE rating.
Failure to do so may result in the points for Preference not being awarded to the bidder.
DESCRIPTION: CONSTRUCTION OF A GRAVEL ROAD & GUARD HOUSE IN KYASANDS LANDFILL AND STORMWATER MANAGEMENT IN ROBINSON DEEP LANDFILL SITE..
The successful bidder will be required to fill in and sign a written Contract Form (MBD 7)
Bid Documents must be enclosed in a sealed envelope, clearly marked PU034/2017:“BID FOR CONSTRUCTION OF A GRAVEL RING ROAD & GUARD HOUSE IN KYASANDS LANDFILL AND STORMWATER MANAGEMENT IN ROBINSON DEEP LANDFILL SITE ’’ THE BID MUST DEPOSITED IN THE BID BOX SITUATED AT PIKITUP JOHANNESBURG SOC
Late bids will not be accepted or considered and bids delivered to any other address besides the address stated above will not be considered.
Neither PIKITUP JOHANNESBURG SOC LIMITED nor any of its employees shall be liable in any way
whatsoever for bids that are not placed in the bid box by the closing date and time.
No bid shall be considered unless it is accompanied by sufficient information to show that the goods
offered comply with the specification.
Bidders must state the country of origin and the name of the manufacturer of the goods offered.
Documentary proof must be produced, if required.
Bidding documents must be completed properly in permanent black ink pen.
VALIDITY PERIOD
Your bid submission must remain valid for a period of 90 days from the closing date of this bid. It will
constitute an offer which remains open for acceptance during the validity period.
INFORMATION MEETING
A COMPULSORY INFORMATION MEETING WILL BE HELD ON THE 11 October 2017 on site at 105 Turffontein road, Johannesburg, 2197,South Africa at latitude -26°23`16.07”S and longitude 28°04`25.04”E. You are advised to please attend this meeting as important information pertaining to the bid will be discussed. None attendance to the meeting will result in your bid disqualified for evaluation.
FORM B: DECLARATION OF GOOD STANDING REGARDING TAX (MBD 2)
ATTACH VALID TAX CLEARANCE CERTIFICATE TO THIS PAGE
The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit valid Tax Clearance Certificate result in the invalidation of the bid.
In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate Tax Clearance Certificate
ITEM QUANTITY DESCRIPTION BID PRICE IN RSA CURRENCY
NO. **(ALL APPLICABLE TAXES INCLUDED)
- Required by: ………………………………….
- At: ………………………………….
- Brand and Model ………………………………….
- Country of Origin …………………………………… - Does the offer comply with the specification(s)? *YES/NO - If not to specification, indicate deviation(s) …………………………………. - Period required for delivery …………………………………. *Delivery: Firm/Not firm
- Delivery basis ……………………………………. Note: All delivery costs must be included in the bid price, for delivery at the prescribed
destination.
** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment
insurance fund contributions and skills development levies.
*Delete if not applicable
Except as indicated in the pricing schedule, price will remain fixed.
12. (A B-BBEESTATUS LEVEL VERIFICATION CERTIFICATION MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE) ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR GOODS/SERVISES
ATTACH THE FOLLOWING DOCUMENTS HERETO
1. For Companies
A copy of the Certificate of Incorporation
Certified Copies of the ID’s of the Directors and
The shareholders register
2. For Joint Venture Agreements
Copy of the Joint Venture Agreement between all the parties,
As well as the documents in (1) or (2) of each Joint Venture member.
3. For Partnership
Certified Copies of the ID’s of the partners
4. One person Business / Sole trader
Certified Copy of ID
5. B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE
Original and valid B-BBEE Status Level Verification Certificates or Original Certified Copy thereof
1. No bid will be accepted from persons in the service of the state.
2. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority and/or take an oath declaring his/her interest.
3 In order to give effect to the above, the following questionnaire must be completed and
3.6 Are you presently in the service of the state YES / NO
3.6.1 If so, furnish particulars.
………………………………………………………………………………………………….
………………………………………………………………………………………………….
3.7 Have you been in the service of the state for the past twelve months? YES / NO
3.7.1 If so, furnish particulars.………………………………………………………………
………………………………………………………………
MSCM Regulations: “in the service of the state” means to be – (a) a member of –
(i) any municipal council; (ii) any provincial legislature; or (iii) the national Assembly or the national Council of provinces;
(b) a member of the board of directors of any municipal entity; (c) an official of any municipality or municipal entity; (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.
FORM F: DECLARATION OF PROCUREMENT ABOVE R10M (MBD5)
FORM E: DECLARATION FOR PROCUREMENT ABOVE R10 MILLION (VAT INCLUDED)
For all procurement expected to exceed R10 million (VAT included), bidders must complete the
following questionnaire:
1 Are you by law required to prepare annual financial statements for auditing? YES/ NO
1.1 If yes, submit audited annual financial statements for the past three years or since the date of establishment if established during the past three years.
………………………………………………………………
………………………………………………………………
2 Do you have any outstanding undisputed commitments for municipal services YES/NO towards a municipality or any other service provider in respect of which payment
is overdue for more than 30 days.
2.1 If no, this serves to certify that the bidder has no undisputed commitments for municipal services towards a municipality or other service provider in respect
of which payment is overdue for more than 30 days.
2.2 If yes, provide particulars.
………………………………………………………………
……………………………………………………………….
……………………………………………………………….
……………………………………………………………....
3 Has any contract been awarded to you by an organ of state during the past five years, including particulars of any material non-compliance or dispute
concerning the execution of such contract? YES/NO
3.1 If yes, furnish particulars ……………………………………………………………….
……………………………………………………………….
4. Will any portion of goods or services be sourced from outside YES / NO the Republic, and, if so, what portion and whether any portion
of payment from the municipality / municipal entity is expected to be
transferred out of the Republic?
4.1 If yes, furnish particulars ……………………………………………………..
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 of up to 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
a) The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included)
and therefore 80/20 preference point system shall be applicable; or
b) The 80/20 preference point system will be applicable to this tender.
1.3 Points for this bid shall be awarded for:
(a) Price; and
(b) B-BBEE Status Level of Contributor.
1.4 The maximum points for this bid are allocated as follows:
1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor 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
POINTS
PRICE 80
B-BBEE STATUS LEVEL OF CONTRIBUTOR 20
Total points for Price and B-BBEE must not exceed 100
(a) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act;
(b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;
(c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of goods or services, through price quotations, advertised competitive bidding processes or proposals;
(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);
(e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;
(f) “functionality” means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents.
(g) “prices” includes all applicable taxes less all unconditional discounts;
(h) “proof of B-BBEE status level of contributor” means:
1) B-BBEE Status level certificate issued by an authorized body or person;
2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice;
3) Any other requirement prescribed in terms of the B-BBEE Act;
(i) “QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;
(j) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes all applicable taxes;
3. POINTS AWARDED FOR PRICE
3.1 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 price of bid under consideration
Pt = Price of bid under consideration
Pmin = Price of lowest acceptable bid
4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR
4.1 In terms of Regulation 6 (2) and 7 (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. BID DECLARATION
5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:
6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 4.1
6.1 B-BBEE Status Level of Contributor: . = ………(maximum of 20 points)
(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in
paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of
contributor.
7. SUB-CONTRACTING
7.1 Will any portion of the contract be sub-contracted?
(Tick applicable box)
YES NO
7.1.1 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 or QSE
Municipality where business is situated: ….……………………………………………….
Registered Account Number: ………………………….
Stand Number:……………………………………………….
8.8 Total number of years the company/firm has been in business:……………………………
8.9 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 contributor indicated in
paragraphs 1.4 and 6.1 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 paragraphs 1.4 and 6.1, 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 contributor 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) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining 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
FORM H: CONTRACT FORM – RENDERING OF SERVICES (MBD7.2)
CONTRACT FORM - RENDERING OF SERVICES THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SERVICE PROVIDER (PART 1) AND
THE PURCHASER (PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL SO THAT THE
SERVICE PROVIDER AND THE PURCHASER WOULD BE IN POSSESSION OF ORIGINALLY
SIGNED CONTRACTS FOR THEIR RESPECTIVE RECORDS.
PART 1 (TO BE FILLED IN BY THE SERVICE PROVIDER)
1. I hereby undertake to render services described in the attached bidding documents to (name of the institution)……………………………………. in accordance with the requirements and task directives / proposals specifications stipulated in Bid Number………….……….. at the price/s quoted. My offer/s remain binding upon me and open for acceptance by the Purchaser during the validity period indicated and calculated from the closing date of the bid.
2. The following documents shall be deemed to form and be read and construed as part of this agreement:
(i) Bidding documents, viz - Invitation to bid; - Tax clearance certificate; - Pricing schedule(s); - Filled in task directive/proposal; - Preference claims for Broad Based Black Economic Empowerment Status Level
of Contribution in terms of the Preferential Procurement Regulations 2011; - Declaration of interest; - Declaration of Bidder’s past SCM practices; - Certificate of Independent Bid Determination; - Special Conditions of Contract;
(ii) General Conditions of Contract; and (iii) Other (specify)
3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the services specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk.
4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me under this agreement as the principal liable for the due fulfillment of this contract.
5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this or any other bid.
6. I confirm that I am duly authorised to sign this contract.
1. I………………………………………… in my capacity as ……………………...…………………………accept your bid under reference number …………………. dated………………………for the rendering of services indicated hereunder and/or further specified in the annexure(s).
2. An official order indicating service delivery instructions is forthcoming.
3. I undertake to make payment for the services rendered in accordance with the terms and conditions of the contract, within 30 (thirty) days after receipt of an invoice.
DESCRIPTION OF SERVICE
PRICE (ALL
APPLICABLE
TAXES INCLUDED)
COMPLETI
ON DATE
B-BBEE
STATUS
LEVEL OF
CONTRIBU
TION
MINIMUM THRESHOLD
FOR LOCAL
PRODUCTION AND
CONTENT (if
applicable)
4. I confirm that I am duly authorised to sign this contract.
FORM I: DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES
(MBD8)
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 company’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system;
b. been convicted for fraud or corruption during the past five years; c. willfully neglected, reneged on or failed to comply with any government, municipal or
other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention
and Combating of Corrupt Activities Act (No 12 of 2004).
4 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.
Item Question Yes No
4.1 Is the bidder or any of its directors listed on the National Treasury’s
Database of Restricted Suppliers as companies or persons
prohibited from doing business with the public sector?
(Companies or persons who are listed on this Database were
informed in writing of this restriction by the Accounting
Officer/Authority of the institution that imposed the restriction after
the audi alteram partem rule was applied).
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
FORM J: CERTIFICATE OF INDEPENDENT BID DETERMINATION (MBD 9)
1. This Municipal Bidding Document (MBD) must form part of all bids 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:
Includes price quotations, advertised competitive bids, limited bids and offers.
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
(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.
9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder,
directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of
the awarding of the contract.
10. I am aware that, in addition and without prejudice to any other remedy provided to combat any
restrictive practices related to bids and contracts, bids that are suspicious will be reported to the
Competition Commission for investigation and possible imposition of administrative penalties in
terms of section 59 of the Competition Act No 89 of 1998 and or may be reported to the National
Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting
business with the public sector for a period not exceeding ten (10) years in terms of the
Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable
legislation.
………………………………………………… ………………………
Signature Date
…………………………………………………. …………………………………………
Position Name of Bidder
Joint venture or Consortium means an association of persons for the purpose of combining their
expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a
DECLARATION BY THE TENDERER I the undersigned _______________________________________________________, has been duly authorized to sign all documents with the Tender for Contract Number _______________on behalf of _________________________________________________ hereby make a declaration as follows: (referred to herein as “the Bidder”) 1. I declare that the bidder and /or any of its director(s) / member(s) does not owe the municipality, or
any other municipality and/or municipal entity any amount which is in arrears in respect of any municipal rates and taxes or municipal service charges.
2. I understand and accept that in the event that this declaration is proved to be false, the bid shall be
rejected forthwith. All other rights of the municipality (including but not limited to the right to claim
damages where applicable) shall remain reserved in full.
………………………………………........... Signature on behalf of tenderer
The procedure for the evaluation of responsive Bids will be on the average of the previous three projects where the firm was involved for PIKITUP
JOHANNESBURG SOC LIMITED projects or other clients. Reference of clients other than PIKITUP JOHANNESBURG SOC LIMITED MUST be provided.
Evaluation of the Tenderer’s position in terms of his previous experience. Emphasis will be placed on the following:
Experience in the relevant technical field
Experience of contracts of similar size
At least three of the references will be contacted to obtain their input.
Provide the following information on relevant previous experience (indicate specifically projects of similar or larger size and/or which is similar with regard to
type of work. This information is material to the award of the Contract.
Description Value (R)
VAT excluded
Period work executed Reference
Appointment Date
Completion Date
Name Organisation Tel no and
Fax
Signature on behalf of tenderer: ………………………………………………. Note: Attach reference letters from
Provide the following information on current projects
This information is material to the award of the Contract.
Description Value (R)
VAT excluded
Expected Reference
Appointment Date
Completion Date
Name Organisation Tel no and
Fax
………………………………………... Signature on behalf of tenderer
FORM V: SCHEDULE OF CURRENT PROJECTS
74
PROJECT NO: PU034/2017
C. THE CONTRACT
THE CONTRACT
Part C1 Agreements and contract data C1.1 Form of Offer and Agreement C1.2 Special Conditions C1.3 Contract Data C1.4 Form of Guarantee C1.5 OHS Mandatory Agreement for Contractors Part C2 Pricing Data C2.1 Pricing Instructions C2.2 Bill of Quantity
75
AGREEMENTS AND CONTRACT DATA
C1 AGREEMENTS AND CONTRACT DATA
Part C1 Agreements and contract data C1.1 Form of Offer and Agreement C1.2 Special Conditions C1.3 Contract Data C1.4 Form of Guarantee C1.5 OHS Mandatory Agreement for Contractors
The Pricing Strategy is: 1.1.1.26 Re-measurement (Bill of quantities)
The non-working days are: 5.1.1 and
5.8.1
Sundays and Public Holidays
The special non-working days
are:
Voting/Elections days
The documentation required
before commencing with the
Works are:
5.3.1 1. 10% Performance Guarantee
2. Public Liability Insurance
3. Valid Tax Clearance Certificate
4. COID
5. Approved OHS File
The time to submit the
documentation required before
commencement of the Works is:
5.3.2
14 days from the date of appointment
The penalty for failing to
complete the Works on time is:
5.13.1
0.1% of the contract value per day
The latent defects period is: 5.16.3 12 Months
The type of security for the due
performance of the Contract to
be delivered to the Employer’s
Agent is:
6.2.1
10% Performance Guarantee
The percentage advance on
materials not yet built into the
Permanent Works is:
6.10.1.5
80%
108
Item Sub-
Clause(s)
Entry
The limit of retention money is: 6.10.3 10% of the work done
The limit of indemnity for liability
insurance is:
8.6.1.3 R 3 000 000.00
109
Item Sub-
Clause(s)
Entry
he Contract Price Adjustment
Factor is:
6.8.2 Applicable
The value of the certificates
issued shall be adjusted in
accordance with the Contract
Price Adjustment Schedule with
the following values:
AC = (1 - x) { aLt + bPt + cMt + dFt - 1}
Lo Po Mo Fo
AC is the contract price adjustment The
value of “x” is 0.1
The values of the coefficients are:
a= 15%
b= 20%
c= 30%
d= 35%
The indices for “L”, “P”, “M” and “F” are the
following as published by Statistics South
Africa:
1. ."L" is the "Labour Index" and shall be the Consumer Price Index (CPI) for the urban area nearest to the Site, as stated in the Contract Data, and as published in the Statistical News Release P0141 Additional Tables: Table 14 “CPI – all items, according to area” of Statistics South Africa.
110
tem Sub-
Clause(s)
Entry
2. "P" is the "Plant Index" and shall be the
Producer Price Index (PPI) applicable to the industry as stated in the Contract Data and as published in the Statistical News Release P0142.1, Table 12 – “Concrete Works Plant” and/or “Roads and Earthworks Plant” of Statistics South Africa.
3. "M" is the "Materials Index" and shall be the
Producer Price Index (PPI) applicable to the industry as stated n the Contract Data and as published in the Statistical News Release P0142.1, Table 12 – “Concrete Works Material” and/or “Roads and Earthworks Material” of Statistics South Africa.
4. "F" is the "Fuel Index" and shall be the
Producer Price Index (PPI) for Diesel at wholesale level for the area as stated in the Contract Data and as published in the Statistical News Release P0142.1, Table 12 of StatisticsSouth Africa.
5. The suffix "o" denotes the base indices
applicable to the base month as stated in the Contract Data.
6. The suffix "t" denotes the current indices applicable to the month in which the last day of the period falls to which the relevant monthly statement relates.
7. The base month is the month in which the bid
closed
Dispute resolution shall be
by:
10.5.1 A standing Adjudication Board
111
C1.4 FORM OF GUARANTEE
Pro-Forma GCC Fixed Performance Bond – Demand Guarantee To: Pikitup Johannesburg (SOC) Limited
1.1. The following words and expressions have the following meanings:
1.1.1. “Contract” means the written agreement entered into between the Employer and the Contractor on or about ________ 20___ (Contract Reference No. ____________________), as amended, varied, restated, novated or substituted from time to time.
1.1.2. “Contractor” means __________________________________________________________ a registered in accordance with the laws of the Republic of South Africa with registration number ___________________________.
1.1.3. “Demand Amount” has the meaning given to it in 3.1 below;
1.1.4. “Employer” means Pikitup Johannesburg (SOC) Limited, a wholly owned municipal entity of the City of Johannesburg incorporated under the Companies Act (71 0f 2008), read with the Municipal Systems Act (32 of 2000), with company number 2000/029899/07;
1.1.5. “Employer’s Agent” means the person or entity defined as such in the Contract;
1.1.6. “Expiry Date” means the date of issue of the Final Approval Certificate;
112
1.1.7. “Guarantee” means this Performance Bond;
1.1.8. “Guaranteed Sum” means the sum of _________________________________(figure)
1.1.11. “Rand” or “ZAR” means the lawful currency of the Republic of South Africa;
1.2. Other words or expressions which are capitalised in this Guarantee shall bear the same meaning as assigned to them under the Contract albeit that the Contract itself, and any terms as defined therein, are merely referenced for convenience and not to create an accessory obligation.
2. At the instance of the Contractor, the Guarantor hereby confirms that we hold the Guaranteed Sum
at the disposal of the Employer, as security for the proper performance by the Contractor of all of his obligations under and arising from the Contract, and hereby irrevocably and unconditionally agree and undertake to pay to the Employer, on written demand from the Employer envisaged in paragraph 3 below and received prior to the Expiry Date, any amount or amounts as may be so
demanded from time to time, subject to a maximum of the Guaranteed Sum in the aggregate. 3. A demand for payment under this Guarantee shall be made in writing at the Guarantor’s address
and shall:
3.1. state the amount claimed (“Demand Amount”); and
3.2. state whether the Demand Amount is claimed (as applicable): 3.2.1. as an amount certified for payment to the Employer under the Contract, in which case
the demand shall:
3.2.1.1. be accompanied by a copy of a first written demand notice issued by the Employer to the
Contractor stating that payment of a sum certified by the Employer’s Agent to the
113
Employer in an interim or final payment certificate issued under the Contract has not been made in terms of the Contract and that failing such payment within seven (7) calendar days, the Employer intends to call upon the Guarantor to make payment thereof; and
3.2.1.2. be accompanied by a copy of the applicable interim or final payment certificate
issued under the Contract entitling the Employer to receive payment of an amount equal to or greater than (as the case may be) the Demand Amount; or
3.2.1.3. as being due to the Employer by reason of the Contract having been terminated
or a provisional sequestration or liquidation court order having been granted against the Contractor, in which case the demand shall state that:
3.2.1.4. the Contract has been terminated due to the Contractor's default and that the
Guarantee is being called on in such circumstances, in which case the demand shall be accompanied by a copy of the notice of termination;
3.2.1.5. a provisional sequestration or liquidation court order has been granted against
the Contractor and that the Guarantee is being called on in such circumstances, in which case the demand shall be accompanied by a copy of the court order; or
3.2.1.6. as being due to the Employer in circumstances where the Contractor was obliged
to extend, renew or replace this Guarantee but failed to do so.
4. A demand delivered by hand shall be effective from the date when it is delivered to the Guarantor
in accordance with Clause 3 above.
5. The Guarantor is obliged to accept a written demand made in accordance with Clause 3 from time
to time as conclusive evidence of the Demand Amount and the Guarantor shall not be required or permitted to make any other investigation or enquiry as to the demand or the Demand Amount The Guarantor shall be obliged to make payment under this Guarantee without any proof in relation to any alleged breach, default or other circumstances under which this Guarantee is called and without reference to the Contractor.
6. Notwithstanding the reference herein to the Contract the Guarantor acknowledges that the liability
of the Guarantor in terms hereof is as principal and not as surety and the Guarantor’s obligation/s to make payment:
6.1. is/are and shall be absolute and unconditional in all circumstances; and
6.2. is/are not, and shall not be construed to be, accessory or collateral on any basis whatsoever;
114
7. The Employer shall be entitled to arrange its affairs with the Contractor in any manner which it sees fit, without advising us and without affecting the Guarantor’s liability under this Guarantee. This includes, without limitation, any extensions, indulgences, release or compromise granted to the Contractor or any variation under or to the Contract.
8. Should the Employer cede its rights against the Contractor to a third party where such cession is
permitted under the Contract, then the Employer shall be entitled to cede to such third party the rights of the Employer under this Guarantee on written notification to the Guarantor of such cession.
9. The Guarantor’s obligations in terms of this Guarantee:
9.1. shall be restricted to the payment of money only and shall be limited to the maximum of the Guaranteed Sum;
9.2. shall not be impaired, reduced, discharged or affected by and compliance with any demand for
payment received by the Guarantor in terms hereof shall not be delayed: 9.2.1. by the fact that a dispute may exist between the Employer and the Contractor;
9.2.2. by any invalidity, illegality or unenforceability of the Contract; and/or
9.2.3. by any disability, incapacity, insolvency, bankruptcy, winding up or reorganisation of the
Contractor or change in ownership or change in status of the Contractor (or anything analogous to the circumstances described under this Clause 9.2 occurs under the laws of any relevant jurisdiction).
10. All payments under this Guarantee shall be:
10.1. made in Rand’s;
10.2. free of any set-off, withholding or deduction of any kind whatsoever; and
10.3. made to the account specified in the relevant demand.
11. Any waiver by the Employer of the terms of this Guarantee or any consent or approval given by the Employer shall only be effective if given in writing and then only for the purpose and upon the terms and conditions if any on which it is given.
12. The Guarantor shall not be entitled to assign, cede or delegate its right and/or obligations under this
Guarantee without the prior written consent of the Employer. 13. This Guarantee:
13.1. shall expire on the Expiry Date until which time it is irrevocable; 13.2. is binding on the successors of the Guarantor;
13.3. is, save as provided for in 8 above, personal to the Employer and is neither negotiable
nor transferable;
13.4. shall be returned to the Guarantor upon the earlier of payment of the full Guaranteed
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Sum or expiry hereof;
13.5. shall be regarded as a liquid document for obtaining any court order, including for ; provisional sentence or summary judgement; and
13.6. shall be governed by and construed in accordance with the law of the Republic of South
Africa and shall be subject to the jurisdiction of the Courts of the Republic of South Africa.
14. The expiry of this Guarantee under Clause 13.1 shall not affect nor discharge the liability of the
Guarantor to make payment of any written demand from the Employer made in accordance with Clause 3 above and delivered to the Guarantor on or before the Expiry Date.
15. As between the Employer and the Guarantor, the Contractor is solely liable for the cost of procuring
and maintaining this Guarantee and the Employer shall have no liability to the Guarantor in respect of any such costs.
16. If at any time one or more provisions of this Guarantee is or becomes illegal, invalid or otherwise
unenforceable in any respect, such provision or provisions will be ineffective to the extent only of such illegality, invalidity or unenforceability and such illegality, invalidity or unenforceability will not invalidate the other provisions of this Guarantee.
17. The Guarantor chooses the domicilium citandi et executandi for all purposes in connection with this
Guarantee at the Guarantor’s Address. SIGNED at _____________________________on ____________________________ 20________
For: _____________________________________________ Company Name
1. The Tender Data the Scope of Work and the Drawings are to be read in conjunction
with the Schedule of Quantities.
2. a. The Schedule comprises items covering the Contractor's profit and costs of
general liabilities and of the construction of temporary and permanent Works.
b. Although the Tenderer is at liberty to insert a rate of his own choosing for each item in the Schedule, his attention is drawn to the fact that the Contractor has the right, under various circumstances, to payment for additional works carried out and that the Engineer is obliged to base his assessment of the payment to be paid for such additional work on the rates inserted in the Schedule by the Contractor.
c. Clause 8 of each Standardized Specification and the measurement and
payment clause of each Particular Specification, read together with the relevant
clause of the Project Specification, set out what ancillary or associated activities
are included in the rate for the operations specified.
3. Descriptions in the Schedule of Quantities are abbreviated. The schedule has been
drawn up generally in accordance with the latest issue of "Civil Engineering
Quantities". Should any requirement of the measurement and payment clause of the
applicable Standardized Specification, or the Project Specification, or the Particular
Specification(s) conflict with the terms of the Schedule or, when relevant "Civil
Engineering Quantities", the requirement of the Standardized, Project or Particular
Specification, as applicable, shall prevail.
4. Unless otherwise stated, items are measured net in accordance with the Drawings,
and no allowance has been made for waste.
5. The prices and rates to be inserted in the Schedule of Quantities are to be the full