SAKHISIZWE LOCAL MUNICIPALITY · 6 SAKHISIZWE MUNICIPALITY CONTRACT NO: MIG/R/EC/5034/08/09 CONSTRUCTION OF MACANGCENI ACCESS ROAD T1.2 Bid Data T1.2.1 Standard Conditions of Bid

1

BID FOR CIVIL ENGINEERING WORKS:

CONSTRUCTION OF MACANGENI ACCESS ROAD

CONTRACT NUMBER: MIG/R/EC/5034/08/09

NAME OF BIDDER:

CLOSING DATE: 7TH APRIL 2017

TENDER SUM:

PREPARED FOR: PREPARED BY: Sakhisizwe Local Municipality

P.O. Box 26 / 15 MACLEAR ROAD ELLIOT, 5460

Tel: 047 – 877 5200 Fax: 047– 877 0000

SAKHISIZWE LOCAL MUNICIPALITY

Maisha Development Engineers

58 St Peters Road

Southernwood East London

5201 Tel: 043 722 0562

Fax: 043 722 0599 E-mail:[email protected]

2

SAKHISIZWE LOCAL MUNICIPALITY BID NO.: MIG/R/EC/5034/08/09

CONSTRUCTION OF MACANGCENI ACCESS ROAD

Part T1: Bidding Procedure Pages T1.1 Bid Notice and Invitation to Bid 3 to 5 T1.2 Bid Data 6 to 16

3

BID NOTICE 8/5/9


Sakhisizwe Municipality in the line with its Supply Chain Policy seeks for services of a qualified and capable Contractor for the Construction of Access Road. The terms of reference are detailed in the bid docu ment. Bid documents will be available for bidders to download on (www.sakhisizwe.gov.za or www.etenders.gov.za). Bidders are urged to compile the document as specified on page T1-2 of the document. Bidders are urged to arrive 15 minutes before the meeting starts. Arriving more than 15 minutes after the meeting has started or non-attendance will disqualify you from the tender process

Bid NO: Project Name Project Scope Compulsory Site

Inspection Date

R/EC/5034/08/09 Construction of

Macangceni Access Road.

Construction of 2.28 km long gravel road with associated stormwater

management

Friday, 24th March 2017 at 10:00 a.m at the Sakhisizwe Municipality Offices in Elliot.

Completed tenders and supporting documentation, placed in a sealed envelope endorsed one for: “BID NO.: R/EC/5034/08/09 PROJECT NAME.: CONSTRUCTION OF MACANGCENI ACCESS ROAD ” must be delivered to the Sakhisizwe Local Municipality offices at the 15 Maclear Road, Elliot, 5460 and placed in the Tender Box not later than 12:00 on Friday, 7th April 2017, at which the tenders will be opened in public. N.B The following supporting documentation is to be included in the tender submission:

• Company Profile • CIDB Grading Certificate: Grade 3CE PE OR 4CE OR HIGHER • Certified copies of IDs of all directors • A copy of company founding statement. • A valid original SARS Tax Clearance Certificate. • Letter of Good Standing issued by the Compensations Commissioner. • Health and Safety Plan in accordance with provided specification will be requested • B-BBBEE certificate • Methodology • Current Municipal Account • Consolidated B-BBEE certificates for all joint ventures and consortiums • Signed joint venture agreements

PREFERENTIAL PROCUREMENT REGULATIONS, 2011 (PPR) POINTS WILL BE AWARDED AS FOLLOWS : Received Responsive Proposals will be evaluated based on the following criteria of 90/10

• Price – 90 Points • B-BBBEE Status Level Contribution- 10 Points

Quality (functionality) will be evaluated based on the following: FUNCTIONALITY WEIGHT VALUES 1-5 MAXIMUM SCORE Experience 30 Max 5 150

Project Expertise 20 Max 5 100 Methodology 20 Max 5 100

Locality 20 Max 5 100

Financial Status 10 Max 5 50

Total 100 Max 5 500

Where: 1 = Poor; 2 = Accepted; 3 = Good; 4 = Very Goo d; 5 = Excellent

Bidders are to note that a Pre-Qualification evaluat ion will be undertaken. A minimum of 80 points out of 100 must be scored in order to proceed to the Financial Evaluati on.

All Technical Enquiries shall be addressed to Ms Ntlantsana (PMU) Sakhisizwe Local Municipality at 047 877 5200. Supply Chain and Assets at (045) 931 1011

Bidders are to take note to the following tender co nditions:

• The Sakhisizwe Local Municipality Procurement Policy will apply.

4

• The contractor is entitled to comply with the EPWP Standards as addressed by the National Government • Only bidders registered on the Sakhisizwe Local Municipality’s database will be considered. Those who are not

registered are invited to register in advance before the submission of a bid document. • Late, telegraphic, facsimile, incomplete or unsigned tenders will not be considered. • The Employer reserves the right to not accept the lowest or any tender at all, or to accept the whole or part of any tender.

Tenders are to remain valid for a period of 90 days from date of closing of Tenders. • Total tender prices should be VAT inclusive • Failure to submit any required documents will rende r the Tender non-responsive.

……………………………………….. SIFUNDO TUNZI ACTING MUNICIPAL MANAGER

5

MBD1 INVITATION TO BID

YOU ARE HEREBY INVITED TO BID FOR THE CONSTRUCTION OF MACANGCENI ACCESS ROAD

TO THE REQUIREMENTS OF THE SAKHISIZWE MUNICIPALITY

BID NUMBER: MIG/R/EC/5034/08/09 CLOSING DATE: 7th April 2017 CLOSING TIME: 12:00 p.m CONSTRUCTION OF GRAVEL-SURFACED ACCESS ROAD WITH ASSOCIATED STORM WATER STRUCTURES The successful bidder will be required to fill in and sign a written Contract Form (MBD 7). BID DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT:

SAKHISIZWE LOCAL MUNICIPALITY offices 15 MACLEAR ROAD , ELLIOT Bidders should ensure that bids are delivered timeously to the correct address. If the bid is late, it will not be accepted for consideration.

The bid box is generally open 24 hours a day, 7 days a week.

ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS – (NOT TO BE RE-TYPED) THIS BID IS SUBJECT TO THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT

THIS BID WILL BE EVALUATED AND ADJUDICATED ACCORDING TO THE FOLLOWING CRITERIA:

1. Relevant specifications 2. Value for money 3. Capability to execute the contract 4. PPPFA & associated regulations 5. B-BBEE status level 6. Location of the Production Facility and Local Job Creation

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

NAME OF BIDDER ………………………..…………………………………………………………………………………………………………… POSTAL ADDRESS …… ……………………………………………………………………………………………………………………………... STREET ADDRESS ……. ……………………………………………………………………………………………………………………………….

TELEPHONE NUMBER …………………………………………………………………………………………………………………..................... CODE……………NUMBER……………………………………………………………………………………………………………………………. CELLPHONE NUMBER …………………………………………………………………………………………………………. FACSIMILE NUMBER ……………………………CODE ………….. .NUMBER………………………………………………………………… VAT REGISTRATION NUMBER ………………………………………………………………………………………………………………… HAS AN ORIGINALTAX CLEARANCE CERTIFICATE BEEN ATTACHED (MBD 2)? YES/NO

a) ARE YOU THE ACCREDITED REPRESENTATIVE

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

(IF YES ENCLOSE PROOF)

SIGNATURE OF BIDDER ……………………………………………………………………………………… DATE……………………………………………………………………………………………………………… CAPACITY UNDER WHICH THIS BID IS SIGNED…………………………………………………………………………………………………………………

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

THE FOLLOWING PARTICULARS MUST BE FURNISHED

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

6

SAKHISIZWE MUNICIPALITY

CONTRACT NO: MIG/R/EC/5034/08/09


T1.2 Bid Data

T1.2.1 Standard Conditions of Bid

The conditions of Bid are the Standard Conditions of Bid as contained in Annex F of the CIDB Standard for Uniformity in Construction Procurement (Ref: No. 29138; Government Gazette, 18 August 2006). The Standard Conditions of Bid make several references to the Bid Data for details that apply specifically to this Bid. The Bid Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the Standard Conditions of Bid. It is expected that the bidder is acquainted with the above mentioned Standard Conditions of Bid (which is also available in CIDB web site).

The following variations, amendments and additions to be the Standard Conditions of Bid as set out in the Bid Data below shall apply to this Bid:

Clause No. Bid Data F.1 General F.1.1 Actions Add the following

The Employer is the SAKHISIZWE LOCAL MUNICIPALITY, represented by the Municipal Manager.

F.1.2 Bid Documents The Bid documents issued by the Employer comprise: The Bid Colour of Pages Part T1: Bidding Procedures T1.1 Bid notice and invitation to Bid White T1.2 Bid Data Pink Part T2: Returnable Documents T2.1 List of returnable documents Yellow T2.2 Returnable schedules Yellow Part C1: Agreements and Contract Data C1.1 Form of offer and acceptance Yellow C1.2 Contract Data Yellow C1.3 Form of Guarantee White C1.4 Occupation Health and Safety Agreement White C1.5 Contract of Temporary Employment as Community Liaison Officer White Part C2: Pricing data C2.1 Pricing instructions Yellow C2.2 Activity schedules / Bills of Quantities Yellow Part C3: Scope of work C3.1 Description of works Blue C3.2 Engineering Blue C3.3 Procurement Blue C3.4 Project Spécifications Blue C3.5 Management Blue C3.6 Annexes Blue

7

Part C4: Site information C4.1 Site information Green C4.2 Standard Drawings Green

F.1.4 Communication and Employer Add the following

Attention is drawn to the fact that verbal information, given by the Employer during site visits/clarification meetings or at any other time prior to the award of the Contract, will not be regarded as binding on the Employer. Only information issued formally by the Employer in writing to Bidders will be regarded as amending the Bid Documents.

The Employer is: Sakhisizwe Local Municipality represented by the Municipal Manager The Employer’s Agent is: Mr. S Tunzi, Technical Manager Address: ERF 5556, Umtata Street. CALA, 5455 Tel No: (047) 877 5200 Fax No: (047) 877 0000

The Employer’s Agent is:

Name: Maisha Development Engineers Address: 58 Saint Peters Road, Southernwood, East London, 5201 Tel: 043 722 0562 Fax:043 722 0599 E-mail:[email protected]

F.2 Bidder’s obligations F.2.1 Eligibility Add the following Only those Bidders who satisfy the following criteria are eligible to submit Bids. F2.1.1 Construction Industry Development Board (CIDB) Regi stration

Only those Bidders who are registered with the CIDB in a contractor grading as explained in the Bid invitation are eligible to have their Bids evaluated. Joint Ventures are eligible to submit Bids 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

as explained in the Bid invitation; 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 as explained in the Bid invitation. Please note that none of the joint venture partners should have CIDB registration other than CE Class.

F.2.7 Clarification meeting

Add the following: Representative(s) of the Municipality (the Employer) will meet prospective Bidders at the place, date and time as stated in the Bid Notice and invitation to Bid to conduct them on an inspection of the site. The representatives will not be available at any other time for such an inspection. The site inspection is compulsory and will form an integral part of the Bid.

The person(s), representing the Bidder at the site inspection must be suitably qualified and experienced to comprehend the implications of the work. If the Bidder or his representative fails to attend the site inspection his /their bid will be disqualified by the Municipality. No comments or representations made by the Representative(s) of the Municipality at the compulsory site visits shall be binding on the Bidder or the contract unless they are contained in the minutes of the site inspection or in the form of amendments to bid in writing. It is the Bidder’s responsibility to sign the attendance register of compulsory site visits as it would be the proof of his attendance in the site visit which is mandatory to validate the bidders bid.

8

F.2.12 Alternative Bid offers

Add the following to F.2.12.1

F.2.12.1 If a Bidder wishes to submit an alternative Bid offer he shall do so as a separate complete offer on a separate complete set of Bid documents clearly marked as an “Alternative Bid” in order to distinguish it from the unqualified Bid. The only criterion permitted for such alternative Bid offer is that it demonstrably satisfies the Employer’s standards and requirements, the details of which may be obtained from the Employer’s Agent. Calculations, drawings and all other pertinent technical information and characteristics as well as modified or proposed Pricing Data must be submitted with the alternative Bid offer. This will enable the Employer in evaluating the efficacy of the alternative offer and its principal elements. The Employer wants to take a view on the degree to which the alternative complies with the Employer’s standards and requirements and to evaluate the acceptability of the pricing proposals. Calculations must be set out in a clear and logical sequence and must clearly reflect all design assumptions. Pricing Data must reflect all assumptions in the development of the pricing proposal. Acceptance of an alternative Bid offer will mean acceptance in principle of the offer. It will be an obligation of the contract for the Bidder, in the event that the alternative is accepted, to accept full responsibility and liability that the alternative offer complies in all respects with the Employer’s standards and requirements. The modified Pricing Data must include an amount equal to 5% of the amount Bided for the alternative offer (after adding contingencies and VAT) to cover the Employer’s costs of confirming the acceptability of the detailed design before it is constructed. Bidders are required to indicate alternative Bid offers in Schedule 18: Alterations/Amendments by Bidder in T2.2: Returnable Schedules.

F.2.13 Submitting a Bid offer Replace sub-clause F.2.13.2 with the following

F2.13.2 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 non-erasable ink. Add the following to F.2.13.3

F.2.13.3 Parts of each Bid offer communicated on paper shall be submitted as in original, plus 0 (None) copies. Add the following after the first sentence of F.2.13.4:

F.2.13.4 The Bid shall be signed by a person duly authorised to do so. Bids submitted by joint ventures of two or more firms shall be accompanied by the document of formation of the joint venture, authenticated by a notary public or other official deputed to witness sworn statements, in which it is defined precisely the conditions under which the joint venture will function, its period of duration, the persons authorised to represent and obligate it, the participation of the several firms forming the joint venture, and any other information necessary to permit a full appraisal of its functioning. Add the following to F.2.13.5:

F.2.13.5 The Employer’s address for delivery of Bid offers and identification details to be shown on each Bid offer package are: Location of Bid box: Reception at Sakhisizwe Municipal Offices Physical address: Sakhisizwe Local Municipality,

15 MACLEAR ROAD, ELLIOT 5460

Bidder Name and Address of Bidder Identification details: As explained in the Bid i nvitation

Add the following to F.2.13.6:

9

F.2.13.6 A two-envelope procedure will not be followed (F.3.5). F.2.15 Closing time


F.2.15.1 The closing time for submission of Bid offers is as stated in the Bid notice and Invitation to Bid. Telephonic, telegraphic, telex, facsimile or e-mailed Bid offers will not be accepted.

F.2.16 Bid offer validity Add the following to F.2.16.1:

F.2.16.1 The Bid validity period is 90 days from the date of closing of bids. F.2.17 Clarification of Bid offer after submission

Add the following to F.2.17: A Bid may be declared as non-responsive and rejected subsequently, if the Bidder fails to provide any clarification requested by the employer, or with the CIDB, within the time for submission stated in the employer’s written request for such clarification or confirmation. A Bid may be rejected if the unit rates or lump sums for some of the items in the bills/schedules of quantities are, in the opinion of the Employer, unreasonable or out of proportion, and the Bidder fails, within the time stated in writing by the Employer to justify any specific rates or lump sums (i.e. to provide a financial breakdown of how such rates or sums were obtained) or to adjust the unit rates or lump sums for such items while retaining the total of the prices unchanged.

F.2.23 Certificates Add the following: The Bidder is required to submit the following:

F.2.23.1 Tax Clearance Certificate Bidders and all the partners (in case of Consortium/ Joint Venture) shall be registered and in good standing with the South African Revenue Service (SARS) and shall submit documentary evidence(s) in the form of original valid Tax Clearance Certificate(s) issued by SARS or proof that he or she has made arrangements with SARS to meet his or her outstanding tax obligations.

F.2.23.2 Bargaining Council Certificates In applicable case(s), Certificate(s) of Compliance issued by the relevant Bargaining Council must be submitted. Each party to a Consortium/Joint Venture shall submit separate certificates in the above regard.

F.3 The Employer’s undertakings F.3.4 Opening of Bid submissions


F.3.4.1 The time and location for opening of the Bid offers is: As mentioned in the Bid notice or in amendment thereafter (if any).

F.3.8 Test for responsiveness

Add the following: Tender offers that score less than 70 (Seventy) poi nts out of 100 (One Hundred) points in respect of the following functionality assessment e ligibility criteria, will be regarded as non-responsive and be excluded from further evaluat ion in terms of clause F.3.11

10

FUNCTIONALITY ASSESSMENT

CRITERIA WEIGHT VALUES 1-5 MAXIMUM SCORE

EXPERIENCE

TOTAL = 30 MAX 5 150

List of similar type of projects completed by the bidder ( max.6 project) 5 points per project. (Completion Certificate to be attached)

30 Max 5

EXPERTISE TOTAL = 20 MAX 5 100 Site Agent with related experience for site management Diploma in Civil Engineering 2 year’s experience.

15 Max 5

Foreman with related experience 2 years experience. 5 Max 5

CRITERIA WEIGHT VALUES 1-5 MAXIMUM SCORE

METHODOLOGY TOTAL = 20 MAX 5 50 Sufficiently detailed Methodology Programme with activities and timeframe

10 Max 5

Detailed list of available resources (Machinery, equipment , etc) and capacity to undertake the project (Proof of ownership or Hire)

10 Max 5

FINANCIAL STANDING OF TENDERER 10 MAX 5 50

Risk of tenderer’s financial standing 10 Max 5

LOCATION OF THE PRODUCTION FACILITY AND LOCAL JOB CREATION

20 MAX 5 200

Sakhisizwe Local Municipality 20 Max 5 200

Eastern Cape 10 Max 5 150

Outside Eastern Cape 5 Max 5 50

TOTAL 100(TW) MAX 5 500(MPS)

WHERE: 1 = POOR, 2 = ACCEPTABLE, 3 = GOOD, 4 = VERY GOOD, 5 = EXCELLENT

Prior to the detailed evaluation of Bids, the Employer will determine whether each bid: • meets the requirements of the Conditions of Bid; • has been properly signed; • is responsive to the requirements of the Contract documents; • provides any clarification and/or substantiation that the Employer may require; • complies with the Bid submission requirements in all other respect, A responsive bid is one, which substantially conforms to all the terms, conditions and specifications of the Contract without material deviation or qualification. A material deviation or qualification is one which, in the Employer’s opinion: • could detrimentally affect the scope, quality, or performance of the works; • changes in the Employer’s or the Contractor’s risks and responsibilities under contract; or • would affect the competitive position of other Bidders presenting responsive Bids, if it were

to be rectified. If the bid does not meet the requirements or it is not responsive, it is liable to be rejected by the Employer, and will not subsequently be made acceptable to the Employer by correction or withdrawal of non-conforming deviation or reservation.

11

F.3.11 Evaluation of Bid offers F.3.11.1 General

Add the following: ALL RESPONSIVE BIDS WILL BE EVALUATED ON PRICE AND PREFERENTIAL GOAL AT 90/10 POINTS BASIS. POINTS ARE ALLOCATED/ AWARDED AS FOLLOWS IN ACCORDANCE TO PREFERENTIAL PROCUREMENT REGULATIONS 2011 (REF: GOVERNMENT GAZETTE NO. 34350; DATED: 8 JUNE 2011 ISSUED ACCORDING TO THE PREFERNTIAL PROCUREMENT POLICY FRAMEWORK ACT (PPPFA) ACT NO. 5 OF 2000: Price & Preferential Policy Price : 90 Points B-BBEE Status Level of Contribution1 : 10 Points (Ref: Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations) TOTAL : 100 Points Bids will be ranked on the basis of highest score

1Referred to Clause 3.11.4 for B-BBEE Status Level of Contribution Points

F.3.11.2 Scoring Financial Offers

Add the following: A maximum of 80 points is allocated to Bid Price on the following basis:

−−=min

min180

P

PPtPs

Where Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration P min = Comparative price of lowest acceptable bid

BID ADJUDICATION USING POINTS SYSTEM a. The bidder obtaining the highest number of total points will be awarded the contract. b. 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. c. Points scored must be rounded off to the nearest 2 decimal places. d. 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. e. However, in the event that 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.

f. Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots.

Add the following new sub-clause: F.3.11.4 Scoring Preference

A maximum point of 20 is allocated for B-BBEE Status Level of Contribution. The points for the B-BBEE contribution are distributed as follows (80/20 System):

B-BBEE Status Level

Contributor

Number of Points

B-BBEE Status Level

Contributor Number of Points

1 10 6 3

2 9 7 2

3 8 8 1

4 5 Non-compliant contributor 0

5 4

12

F.3.13 Acceptance of Bid offer


F.3.13.1 Bid offers will only be accepted if the bid is compliant to bidding requirements and responsive. F.3.13.4 The point scored by a Bidder in B-BBEE Status Level Contribution will be added to the points

scored for price to derive the total points and will be used in ranking of each qualified Bid. The successful bidder will be notified in writing for signing a contract for the work.

F.3.18 Provide copies of the contract Add the following: The number of paper copies of the signed contract to be provided by the Employer is one.

F.4 Additional Conditions of Bid

The additional conditions of Bid are: F.4.1 Compliance with Occupational Health and Safety Act 1993

Bidders are to note that the Occupational Health and Safety Act No. 85 of 1993 and the Construction Regulations 2003 issued in terms of Section 43 are applicable for the projects. The Bidder shall be deemed to have read and fully understood the requirements of the above Act and Regulations and to have allowed for all costs in compliance therewith. In this regard the Bidder shall submit with his Bid a detailed Health and Safety Plan in respect of the Works in order to demonstrate the necessary competencies and resources to perform the construction work all in accordance with the Act and Regulations in Schedule 13: Details of Site Agent and General Foreman’s experience and in Schedule 14: Health and Safety Plan which are appended in T2.2: Returnable Schedules. Such Health and Safety Plan shall cover inter-alia the following details: (1) Management Structure, Site Supervision and Responsible Persons including a succession

plan. (2) Contractor’s induction training programme for employees, sub-contractors and visitors to the

Site. (3) Health and safety precautions and procedures to be adhered to in order to ensure

compliance with the Act, Regulations and Safety Specifications. (4) Regular monitoring procedures to be performed. (5) Regular liaison, consultation and review meetings with all parties. (6) Site security, welfare facilities and first aid. (7) Site rules and fire and emergency procedures.

Bidders are to note that the Contractor is required to ensure that all sub-contractors or others engaged in the performance of the contract also comply with the above requirements. The Contractor shall prepare and maintain a Health and Safety File in respect of the project, which shall be available for inspection on Site at all times and handed over to the Employer on Final Completion of the project. The Contractor is required to submit to the Employer the Occupational Health and Safety Agreement (included in C1.4 of the Contract Document) and a letter of good standing from the Compensation Commissioner, or a licensed compensation insurer, within 14 days after the Commencement Date of the Contract.

F.4.2 Eligibility with respect to expanded public works p rogramme

This Contract does not qualify for consideration as an Expanded Public Works Programme project.

F.4.3 Claims arising after submission of Bid

13

No claim for any extras arising out of any doubt or obscurity as to the true intent and meaning of anything shown on the Contract Drawings or contained in the Conditions of Contract, Scope of Work and Pricing Data, will be admitted by the Employer/Employer’s Agent after the submission of any Bid and the Bidder shall be deemed to have:

(1) gone through the Contract Drawings and read and fully understood the Conditions of

Contract. (2) read and fully understood the whole text of the Scope of Work and Pricing Data and

thoroughly acquainted himself with the nature of the works proposed and generally of all matters which may influence the Contract.

(3) visited the site of the proposed works, carefully examined existing conditions, the means of access to the site, the conditions under which the work is to be done, and acquainted himself with any limitations or restrictions that may be imposed by the Municipal or other Authorities in regard to access and transport of materials and plant to and from the site and made the necessary provisions for any additional costs involved thereby.

(4) requested the Employer or his duly authorised agent to make clear the actual requirements of anything shown on the Contract Drawings or anything contained in the Scope of Work and Pricing Data, the exact meaning or interpretation of which is not clearly intelligible to the Bidder.

Before submission of any Bid, the Bidder should check the number of pages, and if any are found to be missing or duplicated, or the figures or writing indistinct, or if the Pricing Data contain any obvious errors, the Bidder must apply to the Employer/Employer’s Agent at once to have the same rectified, as no liability will be admitted by the Employer/Employer’s Agent in respect of errors in any Bid due to the foregoing.

F.4.4 Imbalance in Bided rates

In the event of Bided rates or lump sums being declared by the Employer to be unacceptable to it because they are either excessively low or high or not in proper balance with other rates or lump sums, the Bidder may be required to produce evidence and advance arguments in support of the Bided rates or lump sums objected to. If, after submission of such evidence and any further evidence requested, the Employer is still not satisfied with the Bided rates or lump sums objected to, it may request the Bidder to amend these rates and lump sums along the lines indicated by it. The Bidder will then have the option to alter and/or amend the rates and lump sums objected to and such other related amounts as are agreed on by the Employer, but this shall be done without altering the Contract Price. Should the Bidder fail to amend his Bid in a manner acceptable to the Employer, the Employer may reject the Bid.

F.4.5 Community liaison officer A CLO will be used in this contract and will be paid a monthly salary as reflected on the Schedule of quantities.

F.4.6 Labour intensive construction methods/use of local labour It is important for the Bidder to note that they are to make use of local labour. Refer paragraph C3.3.2.

F.4.7 Invalid Bids

Bids shall be considered invalid and shall be endorsed and recorded as such in the Bid opening record, by the responsible official who opened the Bid, in the following circumstances: a) if the Bid offer is not submitted on the Form of Offer and Acceptance bound into this Bid

document (form C1.1, Part C1: Agreements and Contract Data); b) if the Bid is not completed in non-erasable ink; c) if the Form of Offer and Acceptance has not been signed; d) if the Form of Offer and Acceptance is signed, but the name of the Bidder is not stated or is

indecipherable.

F.4.8 Negotiations with preferred Bidders

14

The Employer may negotiate the final terms of a contract with Bidders identified through a competitive Bidding process as preferred Bidders provided that such negotiation: a) does not allow any preferred Bidder a second or unfair opportunity; b) is not to the detriment of any other Bidder; and c) does not lead to a higher price than the Bid as submitted.

Minutes of any such negotiations shall be kept for record purposes.

F.4.9 General supply chain management conditions applicab le to Bids

In terms of its Supply Chain Management Policy the Municipality may not consider a Bid unless the provider who submitted the Bid: a) has furnished the Municipality with that provider’s:

• full name; • identification number or company or other registration number; and • tax reference number and VAT registration number, if any;

b) has indicated whether: • the provider is in the service of the state, or has been in the service of the state in the

previous twelve months; • the provider is not a natural person, whether any of the directors, managers, principal

shareholders or stakeholders is in the service of the state, or has been in the service of the state in the previous twelve months; or

• whether a spouse, child or parent of the provider or of a director, manager, share holder or stakeholder referred to above is in the service of the state, or has been in the service of the state in the previous twelve months.

Irrespective of the procurement process followed, the Municipality is prohibited from making an award to a person:

• who is in the service of the state; • if the person is not a natural person, a juristic entity of which any director, manager,

principal shareholder or stakeholder is in the service of the state; or • who is an advisor or consultant contracted with the Municipality.

In this regard, Bidders shall complete Schedule 1, Part T2.2: Returnable Schedules: Compulsory Enterprise Questionnaire. Failure to complete this schedule may result in the Bid not being considered.

F.4.10 Combating abuse of the Supply Chain Management Poli cy

In terms of the Municipality’s Supply Chain Management Policy, the Employer may reject the Bid of any Bidder if that Bidder or any of its directors has: a) failed to pay municipal rates and taxes or municipal service charges and such rates, taxes

and charges are in arrears for more than three months: b) failed, during the last five years, to perform satisfactorily on a previous contract with the

Municipality or any other organ of state after written notice was given to that Bidder that performance was unsatisfactory;

c) abused the supply chain management system of the Municipality or has committed any improper conduct in relation to this system;

d) been convicted of fraud or corruption during the past five years; e) wilfully neglected, reneged on or failed to comply with any government, municipal or other

public sector contract during the past five years; or f) been listed with the Register of Bid Defaulters in terms of section 29 of the Prevention and

Combating of Corrupt Activities Act (No 12 of 2004) or has been listed on National Treasury’s database as a person or juristic entity prohibited from doing business with the public sector.

In this regard, Bidders shall complete Schedule 16, Part T2.2: Returnable Schedules: Declaration in terms of the Municipal Finance Management Act. Failure to complete this schedule may result in the Bid not being considered.

F.4.11 UIF payments

15

The Bidder shall submit to Council a letter from the Industrial Council indicating his good standing with regard to UIF payments upon being requested to do so.

F.4.12 Registration with Bargaining Council

Bidders must be registered with a relevant Bargaining Council (if such be in place) and provide the applicable Certificate of Compliance in terms of the relevant Government Gazette.

F.4.13 Price variations

The Contract Price shall not be subject to any contract price adjustment, the rates and prices Bided in the bills of quantities shall be final and binding throughout the period of the contract. However, price adjustments for variations in the costs of special materials may be applicable where the Employer/Employer’s Agent specifies such materials and the relevant information in the Contract Data. Notwithstanding the above, if, as a result of any extension of time granted, the duration of the contract period exceeds one year, the contract will automatically be subject to contract price adjustment for that period by which the extended contract period exceeds such one year.

F.4.14 Scope of Bid

The Bidder must make provision in his Bid for all labour, construction equipment, temporary works, supervision, office overheads, profit, all statutory taxes and duties and everything else which is required to execute the works in accordance with the Bid document and applicable legislation.

F.4.15 Withdrawal of Bids

A Bidder may withdraw his Bid (in writing) at any time before the closing date and time for the submission of the Bid if a notice to this effect reaches the procurement section before the closing date and time. In the event of the Bidder withdrawing his Bid after the closing date and time, or failing to provide an acceptable guarantee, or failing to take up the Contract when called upon by the Municipality to do so, the Municipality reserves the right to insist that the Bidder shall pay to the Municipality the cost incurred by the Municipality in having to award the Bid to another Contractor.

F.4.16 Repudiation of Bid or Invalidation of Contract

If the Municipality is satisfied in its sole discretion that the Bidder or any person being an employee, partner, director or shareholder of the Bidder or a person acting on behalf of or with the knowledge of the Bidder- a) has offered, promised or given a bribe or other gift or remuneration to any person in

connection with the obtaining or execution of a Contract; b) has acted in a fraudulent or corrupt manner in obtaining or executing a Contract; c) has approached an officer or employee of the Municipality with the object of influencing

the award of a Contract in the Bidder’s favour; d) has entered into any agreement or arrangement, whether legally binding or not, with any

other person, firm or company – i) to refrain from Biding for this Contract; ii) as to the amount of the Bid to be submitted by either party;

e) has disclosed to any other person, firm or company other than the Municipality, the exact or approximate amount of his proposed Bid, except where the disclosure, in confidence, was necessary in order to obtain insurance premium quotations required for the preparation of the Bid;

The Municipality may in addition to using any other legal remedy, repudiate the Bid or declare the Contract invalid should it already have been concluded.

16

Annex G (Normative)

Alpha-numeric associated with the Contractor Gradin g Designations

Table G1: Contractor grading designations and asso ciated parameters Contractor Grading Designations

Tender Value Range designation

Range of Tender Values Greater than Less than or equal to

1 (class of construction works) 1 R 0 R 200 000 2 (class of construction works) 2 R 200 000 R 650 000 3 (class of construction works) 3 R 650 000 R 2 000 000 4 (class of construction works) 4 R 2 000 000 R 4 000 000 5 (class of construction works) 5 R 4 000 000 R 6 500 000 6 (class of construction works) 6 R 6 500 000 R 13 000 000 7 (class of construction works) 7 R 13 000 000 R 40 000 000 8 (class of construction works) 8 R 40 000 000 R 130 000 000 9 (class of construction works) 9 R 130 000 000 No limit

Table G2: Classes of construction work Description Designation Definition Civil engineering works

CE Construction works that are primarily concerned with the materials such as steel, concrete, earth and rock and their application in the construction, operation, maintenance and management of hydraulic, structural, environmental and systems aspects of infrastructure works and services.

Electrical engineering works

EE Construction works that are primarily concerned with installation, testing, operation and maintenance of equipment, plant and systems within the electrical, electronic, communication and electrical systems areas.

General building works

GB Construction works that: a) are primarily concerned with the provision of permanent shelter for its occupants or contents; or b) cannot be categorised in terms of the definitions provided for civil engineering works, electrical engineering works, mechanical engineering works, or specialist works.

Mechanical engineering works

ME Construction works that are primarily concerned with the installation, testing, operation and maintenance of machines, machine and thermodynamic processes and manufacturing, materials handling plants and systems.

Speci alist works

SA Alarms, security and access control systems SB Asphalt works (supply and lay) SC Building excavations, shaft sinking and lateral earth support SD Corrosion protection (cathodic, anodic and electrolytic) SE Demolition and blasting SF Fire prevention and protection systems SG Glazing, curtain walls and shop fronts SH Landscaping, irrigation and horticultural works SI Lifts, esELLIOTtors and travellators (installation, commissioning and maintenance) SJ Piling and specialized foundations for buildings and structures SK Road markings and signage SL Structural steelwork fabrication and erection SM Timber buildings and structures SN Waterproofing of basements, roofs and walls using specialist systems. SO Water supply and drainage for buildings (wet services, plumbing) SP Building of Homes as contemplated in the Housing Consumer Protection Measures Act (Act No 95 of 1998)

17



CONTRACT TITLE: CONSTRUCTION OF MACANGCENI ACCESS R OAD ________________________________________________________________________________

Part T2: Returnable Documents

Contents Pages T2.1 List of Returnable Documents 18 T2.2 Returnable Schedules 19-50

18




T2.1 List of Returnable Documents The tenderer must complete the following Returnable Documents: 1. Returnable Schedules required for tender evaluat ion purposes

Pages 1: COMPULSORY ENTERPRISE QUESTIONNAIRE 20-23 2: SITE VISIT/CLARIFICATION MEETING CERTIFICATE 24 3: CERTIFICATE OF AUTHORITY FOR JOINT VENTURES 25-26 4: SCHEDULE OF WORK EXPERIENCE 27-28 5: SCHEDULE OF CONSTRUCTION PLANT 29-30 6: PRELIMINARY PROGRAMME (FOR INFORMATION PURPOSES ONLY 31 7: SCHEDULE OF ESTIMATED MONTHLY EXPENDITURE 32 8: MBD 2: TAX CLEARANCE REQUIREMENTS 33 9: SCHEDULE OF GOOD STANDING 34 10: SCHEDULE OF PROPOSED SUPPLIERS 35 11: SCHEDULE OF SUBCONTRACTORS 36 12: SCHEDULE OF ESTIMATED LOCAL LABOUR TO BE EMPLOYED ON THIS

CONTRACT 37

13: DETAILS OF SITE AGENT’S AND GENERAL FOREMAN’S EXPERIENCE INCLUDING NQF QUALIFICATION

38-39

14: HEALTH AND SAFETY PLAN 40 15: CONFIRMATION OF CONTRACTOR REGISTRATION 41 16: MBD 4: DECLARATION INTERESTS 42-43

2. Other documents required for tender evaluation p urposes • Joint Venture Agreement (if applicable) - append to Schedule 3. • An original valid Tax Clearance Certificate issued by the South African Revenue Service – append

to Schedule 8. • A certificate of Contractor Registration issued by the Construction Industry Development Board -

append to Schedule 15. 3. Returnable Schedules that will be incorporated i nto the Contract

17: MBD 8: DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT

PRACTICES 44-45

18: 19:

RECORD OF ADENDA ALTERATIONS/AMENDMENTS BY TENDER

46 47

20: MDB 9: CERTFICATE OF INDEPENENT BID DETERMINATION 48-50 4. C1.1 The offer portion of the C1.1 Form of Offer and Acceptance

5. C1.2 Contract Data (Part 2)

6. C2.2 Bills of Quantities NB: TENDERERS MUST COMPLETE THESE SCHEDULES/DATA SHEETS/FORMS IN BLACK INK

19




T2.2 Returnable Schedules

20




SCHEDULE 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: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address of enterprise: Postal: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Physical: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Facsimile: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e-mail: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Section 4: Particulars of sole proprietors and par tners 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 corp orations

(Attach a certified copy of the company/companies f ounding statement(s) to this page)

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

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

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

Section 6: Record of service of the state

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

21

� 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

*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 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;

22

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;

iv) confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my belief both true and correct.

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.

Section 8: Financial Statements and Bank References C ode Declaration 8.1 Financial Statements

We/I agree, if required, to furnish a copy of the latest audited set of financial statements together with my/our Director and Auditor’s report for consideration by the City Treasurer.

8.2 Bank Reference I/We furnish the following information: a) Bank: _____________________________________ b) Banker’s name & Signature c) Banker’s address ________________________ _______________________ ________________________ _______________________ Telephone Number: Code:_______ Number:_____________ d) Account number: _____________________________________ e) Bank rating (include confirmation from bank of financial institution) ________________________(provide bank-rating code) The following bank codes apply: Code Description A - Undoubtedly good for the amount B - Good for the amount Tender Amount R____________ C - Normally good for the amount D - Reasonable high-risk Contract period ____________ E - Amount to high F - Financial position unknown Surety required R_____________ G - Dishonoured document occasionally H - Dishonoured documents often f) If the Tenderer’s bank rating code, as provided under item (e) above is either code D,E,F,G or H, then; I/We furnish the following information, motivations and attached proof to substantiate our financial capability/plan of action to enable me/us to successfully complete this project. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ I/We hereby authorize the Employer to approach the above Bank (or any institution listed under item (e) above) for a reference.

Section 9. ABE Declaration I, THE UNDERSIGNED (NAME) ______________________________________________________________ CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECL ARATION FORM IS CORRECT. I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD T HIS DECLARATION PROVE TO BE FALSE.

Bank Stamp to be placed here to endorse information

provided

23

__________________________ _________________________ Signature Date Date __________________________ _________________________

Position Name of Tenderer

DECLARATION (To be signed in the presence of a Commissioner of Oaths) The undersigned, who warrants that he/she is duly authorized to do so on behalf of the firm, confirms that the firm complies with all the requirements for registration as an Affirmable Business Enterprise as defined, and the contents of this Affidavit are within my personal knowledge, and save where stated otherwise are to the best of my belief both true and correct. Signed and sworn before me at _________________________ on this....................day................by the Deponent, who has acknowledged that he/she knows and understands the contents of this document, that it is true and correct to the best of his/her knowledge and that he/she has no objection to taking the prescribed oath, and that the prescribed oath will be binding on his/her conscience. Commissioner of Oaths.. ______________________________

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24




SCHEDULE 2: SITE VISIT/CLARIFICATION MEETING CERTIF ICATE This is to certify that I/we . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of (tenderer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

of (address) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

telephone number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fax number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on (date) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . have examined the Site of the Works and its surroundings for which I/we am/are submitting this Tender and have, so far as is practicable, familiarized myself/ourselves with all the information, risks, contingencies and other circumstances which may influence of affect my/our Tender. CLIENT/EMPLOYERS REPRESENTATIVE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TENDERER'S REPRESENTATIVE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ENGINEER'S REPRESENTATIVE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25




SCHEDULE 3A: CERTIFICATE OF AUTHORITY FOR JOINT VEN TURES This returnable schedule is to be completed by joint ventures. We, the undersigned, are submitting this tender offer in joint venture and hereby authorize Mr/Ms ………………. ………………………….., authorised signatory of the company, close corporation or partnership …………………. ………………………………………………………..., 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 AUTORISED

SIGNITURE

Lead partner

Signature………………….. Name……………………… Designation………………..




Note: A copy of the Joint Venture Agreement showing clearly the percentage contribution of each partner to the Joint Venture shall be appended to this schedule. SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26




SCHEDULE 3B: CERTIFICATE OF AUTHORITY FOR SINGLE CO MPANY This returnable schedule is to be completed by single companies. Signatories for companies must establish their authority by attaching a copy of the relevant resolution of the board of directors, duly signed and dated, to this form An example is shown below: "By resolution of the board of directors taken on______ 200_______________ Mr ____________________________________________________________________ has been duly authorised to sign all documents in connection with this tender for contract (block capitals) _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ SIGNED ON BEHALF OF THE COMPANY (TENDERER): ___________________________________ IN HIS CAPACITY AS: ____________________________________________________ DATE: _______________________________ SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27




SCHEDULE 4: SCHEDULE OF WORK EXPERIENCE The tenderer shall insert in the spaces provided below a list of similar completed contracts awarded to him and those currently being undertaken. NOTE: Ref. F.2.1 Test for Responsiveness – Provide valid and contactable references of four (4) completed projects. The municipality will contact y our referees to validate the information supplied by the tenderer

COMPLETED CONTRACTS EMPLOYER

(NAME, TEL No.) CONSULTING

ENGINEER (NAME, TEL No.)

NATURE OF WORK

VALUE

VALUE OF

WORK R(m)

DATE

COMPLETED

28

CURRENT CONTRACTS

EMPLOYER (NAME, TEL No.)

CONSULTING

ENGINEER (NAME, TEL No.)

NATURE OF WORK VALUE

VALUE OF

WORK R(m)

ANTICIPATED COMPLETION

DATE

Number of sheets, appended by the tenderer to this Schedule....................... (If nil, enter NIL). SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29




SCHEDULE 5: SCHEDULE OF CONSTRUCTION PLANT The tenderer shall state below what construction plant will be available for this Contract. The tenderer shall differentiate, if applicable, between construction plant immediately available and construction plant which will become available by virtue of outstanding orders, and indicate what further construction plant will be acquired or hired for the work should he be awarded the Contract. F1: CONSTRUCTION PLANT OWNED AND IMMEDIATELY AVAILA BLE

DESCRIPTION, SIZE, CAPACITY NUMBER

30

F2: CONSTRUCTION PLANT ON ORDER (State details of arrangements made, with delivery dates)


F3: CONSTRUCTION PLANT THAT WILL BE HIRED (State details of delivery arrangements)


Number of sheets, appended by the tenderer to this Schedule....................... (If nil, enter NIL). SIGNED ON BEHALF OF TENDERER : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31




SCHEDULE 6: PRELIMINARY PROGRAMME (FOR INFORMATION PURPOSES ONLY) The tenderer shall attach a preliminary programme to this schedule. This programme shall be in the form of a bar chart (Gantt chart) or similar acceptable time/activity form reflecting the proposed sequence and tempo of the various activities and the quantities that will be carried out every week under each of the elements, comprising the work for this contract. The programme shall also indicate the point where the tenderer intends to commence work operations and the direction in which the work will proceed. The working hours shall be indicated. The tenderer shall also take into account the additional requirements stated in the Project Specifications when drawing up the programme. NB: THE TENDERER WILL COMPLETE THE WORKS OVER A PER IOD OF ………….. WEEKS Details of the preliminary programme shall be appen ded to this Schedule. Number of sheets, appended by the tenderer to this Schedule....................... (If nil, enter NIL). SIGNED ON BEHALF OF TENDERER : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32




SCHEDULE 7: SCHEDULE OF ESTIMATED MONTHLY AND LABOU R BASED EXPENDITURE The tenderer shall state his estimated expenditure indicating the values of each monthly claim in terms of Clause 49 of the General Conditions of Contract, which he estimates will arise based on his preliminary programme and tendered rates, in the table below. The total of the monthly amounts shall be equal to the tender sum.

MONTH VALUE 1. 2. 3. 4. 5. 6.

R R R R R R

SUBTOTAL CONTINGENCIES (10%)

R R

SUBTOTAL VAT (14%)

R R

TOTAL

R (INCLUDING VAT @ 14%)

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33




SCHEDULE 8: MBD 2: TAX CLEARANCE REQUIREMENTS An original valid Tax Clearance Certificate from the South African Revenue Service (SARS) shall be attached to this Schedule. Each party to a Consortium/Joint Venture shall submit a separate Tax Clearance Certificate. Failure to submit any of the above shall invalidate the tender/bid.

MBD 2

TAX CLEARANCE CERTFICATE REQUIREMENTS

It is a condition of bid that the taxes of the successful bidder must be in order, to meet

the bidder’s tax obligations.

1 In order to meet this requirement bidders are required to complete in full the attached form TCC 001

“Application for a Tax Clearance Certificate” and submit it to any SARS branch office nationally. The Tax

Clearance Certificate Requirements are also applicable to foreign bidders / individuals who wish to submit

bids.

2 SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one)

year

from the date of approval.

3 The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the

original

and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax

Clearance Certificate will not be acceptable.

4 In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate

Tax Clearance Certificate.

5 Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any SARS

branch

office nationally or on the website www.sars.gov.za.

6 Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this provision,

taxpayers will need to register with SARS as eFilers through the website www.sars.gov.za.


34




SCHEDULE 9: CERTIFICATE OF GOOD STANDING A valid Cerificate of good Standing from the Compensation commissioner shall be attached to this Schedule. Each party to a Consortium/Joint Venture shall submit a separate Certificate of good Standing. SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35




SCHEDULE 10: SCHEDULE OF PROPOSED SUPPLIERS The Tenderer must state below which suppliers, together with the information as requested, he intends to use on this contract. This information must be submitted and failure to do so may prejudice the tender. SUPPLIER

TEL. NO.

CONTACT PERSON FOR REFERENCE


36



CONSTRUCTION OF MACANGCENI ACCESS ROAD SCHEDULE 11: SCHEDULE OF SUBCONTRACTORS We notify you that it is our intention to employ the following Subcontractors for work in this contract. Acceptance of this tender shall not be construed as approval of all or any of the listed subcontractors. Should any of the subcontractors not be approved subsequent to acceptance of the tender, this shall in no way invalidate this tender, and the tendered unit rates for the various items of work shall remain final and binding, even in the event of a subcontractor not listed below being approved by the Engineer.

SUBCONTRACTORS

Category/type

Subcontractor Name/Address/Contact Person/Phone/Fax/Details Of Organisation/Firm Experience

Items of work (pay items) to be undertaken by the Subcontractor

Estimated Cost of Work (Rand)

TOTAL (Excluding VAT)


37




SCHEDULE 12: SCHEDULE OF ESTIMATED LOCAL LABOUR TO BE EMPLOYED ON THIS CONTRACT The Tenderer must state below an estimate of the local labour he intends to use on this contract. This information must be submitted and failure to do so may prejudice the tender. Type of labour (Construction item, e.g. Unskilled – digging of trenches)

Man-days (a)

Rate per Day (b)

Total (a x b)


38



CONSTRUCTION OF MACANGCENI ACCESS ROAD SCHEDULE 13: DETAILS OF SITE AGENT’S AND GENERAL FO REMAN’S EXPERIENCE INCLUDING NQF LEVEL 5 QUALIFICATION Tenderers shall set out in the Schedule hereunder details of the Site Agent and General Foreman’s experience in work of a similar nature to that for which their Tender is submitted. Failure to complete this Schedule and provide proof of NQF Qualification may result in the Tender not being considered. NOTE: Ref. F.2 .1 Test for Responsiveness – Provide a Curriculum Vitae and at least two (2) references of similar responsibility NOTE: Ref. F3. 8, The municipality will contact your referees to request project performance ratings

SITE AGENT

NAME: ………………………………………………………NQF LEVEL…………

CONTRACT, CLIENT

& TEL.

NATURE OF WORK

POSITION HELD

VALUE OF

WORK

YEARCOMPLETED

NOTE: Ref. F 2.1 Test for Responsiveness – Provide a Curriculum Vitae and at least two (2) references of similar responsibility NOTE: Ref. F3. 8, The municipality will contact your referees to request project performance ratings

GENERAL FOREMAN

NAME: ………………………………………………………NQF LEVEL…………

CONTRACT, CLIENT &

TEL.

NATURE OF WORK

POSITION

HELD

VALUE OF

WORK

YEAR

COMPLETED

Number of sheets, appended by the tenderer to this Schedule....................... (If nil, enter NIL).

39

CONCRETE

WORKS FOREMAN

NAME: ………………………………………………………NQF LEVEL…………

CONTRACT, CLIENT &

TEL.

NATURE OF WORK

POSITION

HELD

VALUE OF

WORK

YEAR

COMPLETED

SIGNED ON BEHALF OF THE TENDERER: …………………………………….

40




SCHEDULE 14: HEALTH AND SAFETY PLAN Tenderers are to note the requirements of the Occupational Health and Safety Act No. 85 of 1993 and the Construction. Regulations 2003 issued in terms of Section 43 of the Act. The tenderer shall be deemed to have read and fully understood the requirements of the above Act and Regulations and to have allowed for all costs in compliance therewith. In this regard the tenderer shall prepare and attach a Health and Safety Plan in respect of the Works in order to demonstrate the necessary competencies and resources to perform the construction work all in accordance with the Act and Regulations. Such Health and Safety Plan shall cover inter-alia the following details: (1) Management Structure, Site Supervision and Responsible Persons including a succession plan. (2) Contractor’s induction training programme for employees, sub-contractors and visitors to the Site. (3) Health and safety precautions and procedures to be adhered to in order to ensure compliance with the

Act, Regulations and Safety Specification (4) Regular monitoring procedures to be performed. (5) Regular liaison, consultation and review meetings with all parties. (6) Site security, welfare facilities and first aid. (7) Site rules and fire and emergency procedures. Tenderers are to note that the Contractor is required to ensure that all sub-contractors or others engaged in the performance of the contract also comply with the above requirements. The tenderer shall also take into account the additional requirements stated in the Scope of Work when drawing up the Health and Safety Plan for the contract . Details of the Health and Safety Plan shall be appe nded to this Schedule. Number of sheets, appended by the tenderer to this Schedule....................... (If nil, enter NIL). SIGNED ON BEHALF OF TENDERER : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41




SCHEDULE 15: CONFIRMATION OF CONTRACTOR REGISTRATIO N CIDB Contractor Registration I/We confirm my/our registration with the Construction Industry Development Board (CIDB) details of which are as follows:

COMPANY NAME CIDB REGISTRATION NO. (CRS NO.)

CONTRACTOR GRADING DESIGNATION

Where a tenderer satisfies CIDB Contractor grading designation requirements through the formation of a joint venture, details of each party to the joint venture shall be submitted. The information provided above shall be verified by the Employer. Bargaining Council Certificate of Compliance Where applicable, a certificate of Compliance issued by the relevant Bargaining Council shall be attached to this schedule. SIGNED ON BEHALF OF TENDERER: …………………………………….

42




SCHEDULE 16: MBD 4: DECLARATION OF INTEREST 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 followi ng questionnaire must be completed and

submitted with the bid.

3.1 Full Name: ………………………………………………………………………… 3.2 Identity Number: ………………………………………………………………… 3.3 Company Registration Number: ………………………………………………… 3.4 Tax Reference Number: ………………………………………………………… 3.5 VAT Registration Number: ……………………………………………………… 3.6 Are you presently in the service of the state∗∗∗∗ YES / NO

3.6.1 If so, furnish particulars. ……………………………………………………………… ……………………………………………………………… 3.7 Have you been in the service of the state for the past YES /

NO twelve months? 3.7.1 If so, furnish particulars. ………………………………………………………………

………………………………………………………………

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

43

3.8 Do you, have any relationship (family, friend, other) with persons in the service of the state and who may be involved with the evaluation and or adjudication of this bid? YES / NO 3.8.1 If so, furnish particulars. ……………………………………………………………… ………………………………………………………… 3.9 Are you, aware of any relationship (family, friend, other) between a bidder and any persons in the service of the state who may be involved with the evaluation and or adjudication of this bid? YES / NO 3.9.1 If so, furnish particulars

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

3.10 Are any of the company’s directors, managers, principle YES / NO shareholders or stakeholders in service of the state? 3.10.1 If so, furnish particulars. ……………………………………………………………… ……………………………………………………………… 3.11 Are any spouse, child or parent of the company’s directors, YES / NO

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

3.11.1 If so, furnish particulars. ……………………………………………………………… ………………………………………………………………

CERTIFICATION I, THE UNDERSIGNED (NAME) ………………………………………………………………………

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECL ARATION FORM IS CORRECT. I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD T HIS DECLARATION PROVE TO

BE FALSE.

………………………………….. …………………………………….. Signature Date …………………………………. ……………………………………………………………………………. Position Name of Bidder

44




SCHEDULE 17: MBD 8: DECLARATION OF BIDDER’S PAST SU PPLY 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 disregarded if that bidder or any of its directors have-

a. abused the municipality’s / municipal supply chain management system or committed any

improper conduct in relation to such system;

b. been convicted of 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 follow ing 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 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 outside of the Republic of South Africa) for fraud or corruption during the past five years?

Yes

No


45

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 DECL ARATION FORM TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CON TRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALS E. ………………………………………... ………………………….. Signature Date ………………………………………. ………………………….. Position Name of Tenderer *where the entity tendering is a joint venture, eac h party to the joint venture must sign a declaratio n in terms of the Municipal Finance Management Act an d attach it to this schedule

46




SCHEDULE 18: RECORD OF ADENDA TO TENDER DOCUMENTS ( Notice to Tenderers) We confirm that the following communications received from the Employer before the submission of this tender offer, amending the tender documents, have been taken into account in this tender offer: Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Attach additional pages if more space is required. SIGNED ON BEHALF OF TENDERER: …………………………………….

47




SCHEDULE 19: ALTERATIONS/AMENDMENTS BY TENDERER The Tenderer should record any deviations or qualifications he may wish to make to the tender documents in this Returnable Schedule. Alternatively, a tenderer may state such deviations and qualifications in a covering letter attached to his tender and reference such letter in this schedule. The Tenderer’s attention is drawn to clause F.3.8 of the Standard Conditions of Tender referenced in the Tender Data regarding the Employer’s handling of material deviations and qualifications. If no deviations or modifications are desired, the schedule hereunder is to be marked NIL and signed by the Tenderer. No alternative Tender will be considered unless a Tender free of qualifications and strictly on the basis of the Tender Documents is also submitted.

PAGE/ITEM CLAUSE/DESCRIPTION


48




SCHEDULE 20: 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 per 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.

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.

49

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;

50

(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

51




Part C1: Agreements and Contract Data

Contents Pages C1.1

Form of O ffer and Acceptance (Agreement) 52-54

C1.2

Contract Data 55-63

C1.3

Form of Guarantee 64-65

C1.4

Occupational Health and Safety Agreement 66-70

C1.5

Contract of Temporary Employment as Community Liais on Officer 71

52




C1.1 Form of Offer and Acceptance Offer The Employer, identified in the Acceptance signature block, has solicited offers to enter into a contract for the procurement of: Contract Number: MIG/R/EC/5034/08/09 FOR THE CONSTRUCTION OF MACANGCENI ACCESS ROAD The tenderer, identified in the offer signature block, has examined the documents listed in the tender data and addenda thereto as listed in the returnable 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) ..................................................... ...................................................... Name(s) ..................................................... ...................................................... Capacity ..................................................... ...................................................... For the tenderer (Name and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address of Organization) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name and Signature Of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . .

53

Acceptance By signing this part of this Form of Offer and Acceptance, the Employer identified below accepts the tenderer’s offer. In consideration, thereof, the Employer shall pay the Contractor the amount due in accordance with the 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 C1: Agreements and contract data (which includes this agreement) Part C2: Pricing data Part C3: Scope of work Part C4: 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 as 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. The tenderer shall within two weeks after receiving a completed copy of this agreement, including the schedule of deviations (if any), contact the employer’s agent (whose details are given in the contract data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the contract data. 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 Contractor) within five working days of the date of such receipt notifies the Employer in writing of any reason why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract between the parties. Signature(s) ..................................................... ...................................................... Name(s) ..................................................... ...................................................... Capacity ..................................................... ...................................................... For the Employer SAKHISIZWE MUNICIPALITY

15 MACLEAR ROAD ELLIOT 5460

Name and ...................................................... Signature of witness ..................................................... Date ...............................................

54

Schedule of Deviations Notes: 1. The extent of deviations from the tender documents issued by the employer before the tender closing

date is limited to those permitted in terms of the conditions of tender.

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 agreements and recorded

here, shall also be incorporated into the final draft of the Contract 1 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

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

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

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Subjects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

By the duly authorised representatives signing this agreement, 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 changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Agreement shall have any meaning or effect in the contract between the parties arising from this agreement.

55

For the Tenderer: Signature(s) ..................................................... ...................................................... Name(s) ..................................................... ...................................................... Capacity ..................................................... ...................................................... (Name and ..................................................... ...................................................... address of organization) ................................................................................................................... ................................................................................................................... Name and signature of witness ......................................................................... Date ........................................... For the Employer: Signature(s) ..................................................... ...................................................... Name(s) ..................................................... ...................................................... Capacity ..................................................... ...................................................... (Name and ..................................................... ...................................................... address of organization) ................................................................................................................... ................................................................................................................... Name and signature of witness ......................................................................... Date ...........................................

56




C1.2 Contract Data Part 1: Contract Data provided by the Employer GENERAL CONDITIONS OF CONTRACT The following standardized General Conditions of Contract: General Conditions of Contract for Construction Wor ks (Second Edition), 2010 Prepared by the South African Institution of Civil Engineering (SAICE) shall apply to and form the General Conditions of Contract for this contract. Copies of these conditions of contract are obtainable from the South African Institution of Civil Engineering (SAICE), Private Bag X200, Halfway House 1685, Tel: (011) 805 5947, Fax: (011) 805 5971 e-mail: [email protected]. Copies of the General Conditions of Contract are available for inspection and scrutiny at the offices of the Employer and the Employer’s Agent. The Pro-formas bound with the General Conditions of Contract 2010, on pages 47 to 58 shall not apply to this Contract and shall be replaced with the documentation bound into this tender document. The General Conditions of Contract make several references to the Contract Data for specific data, which together with these conditions collectively describe the risks, liabilities and obligations of the contracting parties and the procedures for the administration of the Contract. The Contract Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the general conditions of contract. The General Conditions of Contract shall be read in conjunction with the variations, amendments and additions set out in the Contract Specific Data below. Each item of data given below is cross-referenced to the clause in the General Conditions of Contract to which it mainly applies. CONTRACT SPECIFIC DATA The following contract specific data are applicable to this Contract: Clause 1.1.14: The Employer is the SAKHISIZWE MUNICIPALITY, represented by the MUNICIPAL MANAGER and/or such other person or persons duly authorised thereto by the Employer in writing. The name of the Employer is: SAKHISIZWE MUNICIPALITY And is referred to in this Contract Document by the terms “Employer”, “SAKHISIZWE MUNICIPALITY” or “Council” as the context provides. Clause 1.1.15: The Engineer , referred to in the documents, is the firm of Maisha Development Engineers, acting through a director, an associate or an official authorised thereto in writing. The name of the Engineer is: Maisha Development Engineers or their successors duly appointed by

the Employer. Clause 1.1.19: Replace with the following:

57

“Scope of Work ” means the document(s) containing the Standard Specifications, the Project/Particular Specifications and the Drawings, that specifies and describes the Works, which are to be provided, and any other requirements and constraints relating to the manner in which the work is to be performed. Add the following clauses after Clause 1.1.24: 1.1.25 “Drawings ” means all drawings, calculations and technical information forming part of the Tender

Documents (other than information contained in the Specifications) and any modifications thereof or additions thereto from time to time approved in writing by the Engineer or delivered to the Contractor by the Engineer.

1.1.26 “Letter of Notification” means the letter of formal notification, signed by the Employer, of the decision of the Supply Chain Management Bid Adjudication Committee sent to all tenderers. The

notification of the decision does not form part of the Employer’s Acceptance of the successful tenderer’s Form of Offer and no rights shall accrue.

Clause 1.2.2: The address of the Employer is: 15 MACLEAR ROAD

ELLIOT 5460

The address of the Engineer is: 58 St Peters Road Southernwood East London 5201 Clause 1.6 and Clause 38: The special non-working days are all gazetted public holidays falling outside the year end break. Clause 1.6: The year end break commences on 15 December 2017 ends on 07 January 2017.

Clause 2.3: The Engineer is required to obtain the specific approval of the Employer before executing any of the following functions or duties: 1. Nominating the Engineer’s Representative in terms of Clause 2.4. 2. Delegation of Engineer’s authority in terms of Clause 2.7. 3. Providing consent for subcontracting part of the contract in terms of Clause 6.2. 4. The issuing of further drawings or instructions in terms of Clause 13.1 5. The issuing of instructions for dealing with fossils and the like in terms of Clause 15. 6. Authorizing the Contractor to repair and make good excepted risks in terms of Clause 32.2.2. 7. The issuing of a variation order in terms of Clause 36.2. 8. Issuing of instructions to carry out work on a daywork basis in terms of Clause 37.1.4. 9. Granting permission to work during non-working times in terms of Clause 38.1. 10. Suspend the progress of the works in terms of Clause 39.1. 11. The issuing of an instruction to accelerate progress in terms of Clause 40.3. 12. The approval of any extension of time for completion in terms of Clause 42.2. 13. The reduction of a penalty for delay in terms of Clause 43.2. 14. The determination of additional or reduced costs arising from changes in legislation in terms of Clause

46.4. 15. The giving of a ruling on a contractor’s claim in terms of Clause 48.5. 16. The agreeing of an extension to the 28 day period in terms of Clause 48.5.1. 17. The inclusion of credits in the next payment certificate in terms of Clause 48.5.2. 18. The agreeing of the adjustment of the sums for general items in terms of Clause 50.1.

58

Add the following clauses after Clause 4.5.2 : 4.5.3 The Employer and the Contractor shall enter into an agreement to complete the work required for

the construction of the works in terms of the provisions of Section 37(2) of the Occupational Health and Safety Act (Act 85 of 1993) and the Construction Regulations promulgated thereunder. An agreement is included in the Contract Document (C1.4 of Contract Data) and shall be completed and submitted to the Employer together with a letter of good standing from the Compensation Commissioner or a Licenced Compensation Insurer within fourteen (14) days after the Commencement Date. The Site will not be handed over to the Contractor until the Employer has both the completed agreement and the letter of good standing. The Contractor shall ensure that the letter of good standing shall be timeously renewed in order that it remains in full force for the duration of the Contract.

4.5.4 The Contractor shall provide proof to the Employer, within 14 days from the Commencement Date, that he has paid all contributions required in terms of the Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993.

Clause 7: The time to deliver the Guarantee is within 14 days of the Commencement Date. The Form of Guarantee shall contain the wording of the document included in C1.3. The liability of the guarantee shall be for 5% of the Contract Price. Clause 10: The Contractor shall commence executing the Works within 14 days from the Commencement Date. Notwithstanding the above, the Contractor will not be permitted to commence executing the Works before the Form of Guarantee and required insurances and other specified items have been submitted and approved. Clause 11.1.2: Add the following clause after Clause 11.1.2: 11.1.3 The Contractor shall bear all costs and charges for special and temporary rights of way required by

him in connection with access to the Site. The Contractor shall also provide at his own cost any additional facilities outside the Site required by him for the purposes of the Works.

Clause 12.2: The Contractor shall deliver his programme of work within 14 days from the Commencement Date. Clause 35.1.1.2.2: The value of the materials supplied by the Employer to be included in the insurance sum is R0.00 -Nil. Clause 35.1.1.2.3: The amount to cover professional fees for repairing damage and loss to be included in the insurance sum is R0.00 -Nil. Clause 35.1.3: The limit of indemnity for liability insurance is R10 000 000.00 for any single claim – the number of claims to be unlimited during the construction and defects liability periods. Clause 35.1.4:

59

Additional insurances: a) Insurance of Construction Plant and Equipment (including tools, offices and other temporary

structures and contents) and other things (except those intended for incorporation into the Works) brought onto the site for a sum sufficient to provide for their replacement.

b) Insurance in terms of the provisions of the Compensation for Occupational Injuries and Diseases Act No.130 of 1993.

c) Motor Vehicle Liability Insurance comprising (as a minimum) "Balance of Third Party" Risks including Passenger Liability Indemnity.

d) Where the contract involves manufacturing and/or fabrication of the works or part thereof at premises other than the Site, the Contractor shall satisfy the Employer that all materials and equipment for incorporation in the works are adequately insured during manufacture and/or fabrication. In the event of the Employer having an insurable interest in such works during manufacture or fabrication then such interest shall be noted by endorsement to the Contractor's Policies of Insurance.

Clause 35.6: The Contractor shall within 14 days from the Commencement Date produce to the Employer the relevant Policy or Policies of Insurance. Clause 42.1: The Works shall be completed within Six Months exclusive of special non-working days and the year end break and inclusive of the 14 day period referred to in Clause 10 above. Clause 42.3.2: No extension of time will be granted in respect of any delays attributed to normal climatic conditions. Normal Climatic Conditions shall be deemed to include normal rainfall and associated wet conditions and materials, strong winds and extremes of temperature. However, in the event that delays to critical activities exceed the number of working days listed below for each month, then abnormal climatic conditions shall be deemed to exist, and an extension of time shall be granted in accordance with the provisions of that Clause. The number of days quoted below shall be regarded as a fair estimate of the delays to be anticipated and allowed for under normal climatic conditions where inclement weather prevents or disrupts critical work. For this project Rainfall Record for nearby rainfall station will be used. The number of days quoted below shall be regarded as a fair estimate of the delays to be anticipated and allowed for under normal climatic conditions where inclement weather prevents or disrupts critical work. Claims for delays for abnormal climatic conditions shall be accompanied by substantiating facts and evidence, which shall be submitted timeously as each day or half-day delay is experienced. Should an extension of time be granted by the Engineer such extension of time will be added to the time for completion or set against any over-provision that may have occurred in the above mentioned schedule. It shall be further noted that where the critical path is not affected, no extension of time for abnormal climatic conditions or for any other reason will be entertained. Clause 42.4: Add the following to Clause 42.4: The cost of time related general items will be calculated on the basis of the number of weeks stated in Clause 42.1 less the 28 days period referred to therein. Clause 43.1: The penalty for failing to complete the Works is R1, 000.00 per calendar day.

60

Clause 46.2: The Contract Price shall NOT be subject to any contract price adjustment and the rates and prices tendered in the Bills of Quantities shall be final and binding throughout the period of the Contract. Notwithstanding the above, if, as a result of any extension of time granted, the duration of the contract period exceeds one year, the contract will automatically be subject to contract price adjustment for that period by which the extended contract period exceeds such one year. Where applicable, in terms of the foregoing, the value of the certificates issued shall be adjusted in accordance with the Contract Price Adjustment Schedule with the following values: The value of “x” is 0,15. The values of the coefficients are: a = 0,25 b = 0,25 c = 0,40 d = 0,10 The urban area nearest the Site is Tsolo or/and Maclear. The base month is February 2017. Clause 49.1.5: The percentage advance on materials not yet built into the Permanent Works is 80%. Clause 49.3: The percentage retention on the amounts due to the Contractor is 10% (no limit) . Clause 49.6 : A 10% guarantee in lieu of retention is permitted. Clause 53.1: The Defects Liability Period is 6 months. Add the following clauses after Clause 55.1.9 : 55.1.10 The Contractor fails to provide the required Guarantee and insurances within the prescribed time. 55.1.11 The Contractor committed a corrupt or fraudulent act during the procurement process or the

execution of the contract. 55.1.12 An official or other role player committed any corrupt or fraudulent act during the procurement

process or in the execution of the contract that benefited the Contractor. Clause 58.2: Dispute resolution shall be by mediation. ADDITIONAL CONDITIONS OF CONTRACT The additional Conditions of Contract are: Clause 59: Contractor to provide everything necessa ry The Contractor is to provide all labour, material, workmanship, machinery, and everything which is or may be necessary in and for the execution and entire completion of the Contract in accordance with the Conditions of Contract, Drawings and Scope of Work.

61

Clause 60: Details to be confidential The Contractor shall treat the details of the Works comprised in this Contract as private and confidential (save in so far as may be necessary for the purposes hereof) and shall not publish or disclose the same or any particulars thereof in any trade or technical paper elsewhere without the prior written consent of the Engineer. Clause 42: The additional clauses to the General Conditions of Contract are: 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 either in contract or in delict.

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, as repr oduced below, shall apply to works described in the scope of work as being labour intensive and which are undertaken by unskilled or semi-skilled workers. 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. 1.2 In this document –

(a) “department” means any department of the State, implementing agent or contractor; (b) “employer” means any department, implementing agency or contractor that hires workers to work in

elementary occupations on a SPWP; (c) “worker” means any person working in an elementary occupation on a SPWP; (d) “elementary occupation” means any occupation involving unskilled or semi-skilled work; (e) “management” means any person employed by a department or implementing agency to administer or

execute an SPWP; (f) “task” means a fixed quantity of work; (g) “task-based work” means work in which a worker is paid a fixed rate for performing a task; (h) “task-rated worker” means a worker paid on the basis of the number of tasks completed; (i) “time-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. 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.

62

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 at least eight consecutive hours. The daily rest period is measured from the time the worker ends work on one day until the time the worker starts work on the next day. 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 –

(a) absent from work for more than two consecutive days; or (b) absent from work on more than two occasions in any eight-week period.

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.

63

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 –

(i) the employee’s spouse or life partner; (ii) 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 (c) the period for which the worker is hired or, if this is not certain, the expected duration of the contract; (d) the worker’s rate of pay and how this is to be calculated; (e) the training that the worker will receive during the SPWP.

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.

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 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 direct deposit into a bank account designated by the worker. 14.6 Payment in cash 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, this information must be recorded on the labour forms 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. 14.10 Payment will be not be made to contractor, unless monthly reports reflects time and number of labour utilized on site as per Labour Intensive Requirement 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 (f) pay the employer or any other person for having been employed.

64

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.

65

Part 2: Data provided by the Contractor Clause 1.1.8: The name of the Contractor is …………………………………………………………………………… Clause 1.2.2: The address of the Contractor is Physical : …………………………………………..… Postal : …………………………………………………….. Address Address

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

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

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

…………………………………………..… …………………………………………………….. Telephone: …………………………………………..… Fax: …………………………………………………….. email : …………………………………………..… Clause 46.3: Variation in the cost of special mater ials SPECIAL MATERIALS Each material dealt with as a special material in terms of Clause 4 of the Contract Price Adjustment Schedule of the General Conditions of Contract is stated in the list below. The provisions of Clause 46.3 of the General Conditions of Contract shall apply to such special materials. The rates and prices for the special materials shall be furnished by the tenderer, which rates and prices shall not include VAT but shall include all other obligatory taxes and levies.

Special Material Unit* Rate or Price for the base m onth

* Indicate whether the material will be delivered in bulk or in containers. When called upon to do so, the tenderer shall substantiate the above rates or prices with acceptable documentary evidence.


66




C1.3 Form of Guarantee Contract No . . . . . . . . . . . . . . . . . . . . . . . . . . . WHEREAS the SAKHISIZWE MUNICIPALITY, (hereinafter referred to as the Employer”) entered into, a Contract with: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (hereinafter called “the Contactor”) on the . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . . . . . .20. . . . . . ., for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(indicate site location) 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 excussion 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, and/or to agree to any modifications, variations, alterations, directions or extensions of the completion date of the works under the said Contract, and that its rights under this guarantee shall in no way be prejudiced nor our liability hereunder be affected by reason of any steps which the Employer may take under such Contract, or of any modification, variation, alterations of the 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.

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 Guaranteed Sum of Rand. . . . . . . . . . . . . . . . . . . . . . . . .

. . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (in words); R . . . . . . . . . . . . . . . . . . . . . . . . . . (in figures) ……………………………………

6. The Guarantor reserves the right to withdraw from this guarantee by depositing the Guaranteed Sum with

the beneficiary, whereupon our liability hereunder shall cease.

7. We hereby choose our address for the serving of all notices for all purposes arising here from as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67

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

IN WITNESS WHEREOF this guarantee has been executed by us at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on this . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 . . . . . . . . Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duly authorized to sign on behalf of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . As witnesses: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guarantor’s seal or stamp

68

ANNEXURE

LIST OF APPROVED FINANCIAL INSTITUTIONS The following financial institutions are available for issue of contract guarantees: National Banks: ABSA Bank Ltd. Development Bank of Southern Africa FirstRand Bank Ltd. Gensec Bank Ltd. Imperial Bank Ltd. Infrastructure Finance Corporation Investec Bank Ltd. Land & Agricultural Bank of SA Nedbank Ltd. Standard Bank of SA Ltd. SA Bank of Athens International Banks (with branches in SA): ABN AMRO Bank n.v. Barclays Bank plc. Commerzbank Aktiengesellschaft Credit Agricole-Indosuez Deutsche Bank AG JP Morgan Chase Bank Societe Generale Standard Chartered Bank Insurance companies: ABSA Insurance AIG South Africa Auto & General Compass Insurance Co. Constantia Insurance Co. Credit Guarantee Insurance Co. Emerald Insurance Co. Federated Employers Mutual Assurance Co. Guardrisk Insurance Co. Home Loan Guarantee Co. Lion of Africa Insurance Co. Lombard Insurance MUA Insurance Mutual & Federal Insurance Co. New National Assurance Co. Regent Insurance Co. Zurich Insurance Co.

69




C1.4 Occupational Health and Safety Agreement AGREEMENT MADE AND ENTERED INTO BETWEEN THE SAKHISI ZWE MUNICIPALITY (HEREINAFTER CALLED THE “EMPLOYER”) AND ……………………....................………………………………….............…………………………. , (Contractor/Mandatary/Company/CC Name) IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALT H AND SAFETY ACT, ACT No. 85 OF 1993 AS AMENDED. I, ……………………………………....……………………………................…………………………. , representing ……………………....................………………………………….............…………………………. , as an employer in its own right, do hereby undertake to ensure, as far as is reasonably practicable, that all work will be performed, and all equipment, machinery or plant used in such a manner as to comply with the provisions of the Occupational Health and Safety Act (OHSA) and the Regulations promulgated there under. I furthermore confirm that I am/we are registered with the Compensation Commissioner and that all registration and assessment monies due to the Compensation Commissioner have been fully paid or that I/We are insured with an approved licensed compensation insurer. COID ACT Registration Number: OR Compensation Insurer: ........................................................ Policy No.: ..................................................... I undertake to appoint, where required, suitable competent persons, in writing, in terms of the requirements of OHSA and the Regulations and to charge him/them with the duty of ensuring that the provisions of OHSA and Regulations as well as the Council’s Special Conditions of Contract, Way Leave, Lock-Out and Work Permit Procedures are adhered to as far as reasonably practicable. I further undertake to ensure that any subcontractors employed by me will enter into an occupational health and safety agreement separately, and that such subcontractors comply with the conditions set. I hereby declare that I have read and understand the appended Occupational Health and Safety Conditions and undertake to comply therewith at all times. I hereby also undertake to comply with the Occupational Health and Safety Specification and Plan. Signed at .......................................on the......................................day of....................................20…. _______________________ ____________________ Witness Mandatory Signed at ...................................... on the.....................................day of......................................20 .... _______________________ ____________________ Witness for and on behalf of


70

OCCUPATIONAL HEALTH AND SAFETY CONDITIONS 1. The Chief Executive Officer of the Contractor shall assume the responsibility in terms of Section 16(1)

of the Occupational Health and Safety Act (as amended). Should the Contractor assign any duty in terms of Section 16(2), a copy of such assignment shall immediately be provided to the representative of the Employer as defined in the Contract.

2. All work performed on the Employer’s premises shall be performed under the supervision of the construction supervisor who understand the hazards associated with any work that the Contractor performs on the site in terms of Construction Regulations 2003.

3. The Contractor shall appoint a Competent Person who shall have been trained and qualified on any

occupational health and safety aspect pertaining to them or to the work that is to be performed.

4. The Contractor shall ensure that he familiarises himself with the requirements of the Occupational Health and Safety Act and that he, his employees, and any sub-contractors, comply with them.

5. Discipline in the interests of occupational health and safety shall be strictly enforced.

6. Personal protective equipment shall be issued by the Contractor as required and shall be worn at all

times where necessary.

7. Written safe work procedures and appropriate precautionary measures shall be available and enforced, and all employees shall be made conversant with the contents of these practices.

8. No substandard equipment/machinery/articles or substances shall be used on the site.

9. All incidents referred to in terms of Section 24 of the Occupational Health and Safety Act shall be

reported by the Contractor to the Department of Labour and the Employer.

10. The Employer hereby obtains an interest in the issue of any formal inquiry conducted in terms of Section 32 of the Occupational Health and Safety Act and into any incident involving a Contractor and/or his employees and/or his sub-contractor/s.

11. No use shall be made of any of the Employer’s machinery/plant/equipment/substance/personal

protective equipment or any other article without prior arrangement and written approval.

12. No alcohol or any other intoxicating substance shall be allowed on the site. Any person suspected of being under the influence of alcohol or any other intoxicating substance shall not be permitted access to, or allowed to remain on the site.

13. Prior to commencement of any work, verified copies of all documents mentioned in the agreement,

must be presented to the Employer.

71

SAKHISIZWE MUNICIPAL ITY



C1.5 Contract of Temporary Employment as Community Liaison Officer To be made available to the successful tenderer

72




Part C1: Pricing Data

Content

Pages

C2.1

Pricing Instructions 72-75

C2.2 Bills o f Quantities 76-83

73




C2.1 Pricing Instructions 1. For the purposes of this schedule of quantities, the following words shall have the meanings hereby

assigned to them: Unit: The unit of measurement for each item of works as defined in the specifications. Quantity: The number of units of work for each item. Rate: The payment per unit of measurement at 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 schedule of quantities, the specifications or elsewhere but the quantity of work of which is not measured in any units.

2. This schedule of quantities forms an integral part of the contract documents.

3. The quantities set out in the schedule of quantities are approximate quantities only. The quantities of

work finally accepted and certified for payment, and not the quantities given in the schedule of quantities, shall be used for determining payment to the contractor.

The validity of the contract shall in no way be affected by differences between the quantities in the schedule of quantities and the quantities finally certified for payment. Works shall be valued at the rates or lump sums tendered, subject only to the provisions for the general conditions of contract, paragraphs 11 and 12 of this preamble, and sub-clause 1209(a) of the standard specifications.

4. Rates and lump sums shall be comprehensive in accordance with sub-clause 1209(b) of the

standard specifications. Full compensation for completing and maintaining, during the maintenance period, all the work shown on the drawings and specified in the specifications, and for all the risks, obligations and responsibilities specified in the general conditions of contract, special conditions of contract and specifications shall be considered as provided for collectively in the items of payment given in the schedule of quantities, except in so far as the quantities given in the schedule of quantities are only approximate.

5. The tenderer shall fill in a rate or a lump sum for each item where provision has been made for it, even where no quantities are given.

A tender may be rejected if the tenderer has not filled in a rate or a lump sum against each item and if the tenderer fails to furnish the rates or lump sums for such items within seven (7) days of having been notified in writing by the employer to do so. The tenderer shall fill in a rate against all items where the words "rate only" appears in the amount column. The provisions of sub-clause 1209(f) of the standard specifications shall apply to rate-only items. Tenderers shall also note the provisions of paragraph 12 of this preamble.

The tenderer may not group a number of items together and tender one lump sum for such group of items. The tenderer also may not indicate against any item that full compensation for such item has been included in another item.

74

The tendered lump sums and rate shall be valid irrespective of any change in the quantities during the execution of the contract.

6. The works as executed will be measured for payment in accordance with the methods described in the contract documents under the various payment items, notwithstanding any custom to the contrary. Attention is directed to the provisions of clause 1220 of the standard specifications regarding the measurement of quantities for payment. Except where otherwise specified as in clause 1220, the nett measurement or mass of the finished work in place shall be taken for payment but excluding any volume or mass of work in excess of that ordered.

7. The amount of work or the quantities of material stated in the schedule 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.

8. The stating of quantities of material or amount of work in the schedule of quantities shall not be regarded as authorization for the contractor to order material or to execute work. The contractor shall obtain the engineer's detailed instructions for all work before ordering any materials for or executing work or making arrangements in this regard.

9. The short descriptions of the payment items given in the schedule of quantities are only for the purposes of identifying the items and providing specific details. Reference shall be made, inter alia, to the drawings, standard specifications, project specifications, general conditions of contract and special conditions of contract for more detailed information regarding the extent of the work entailed under each item.

10. Reference shall be made to clause 48 of the general conditions of contract regarding provisional sums and prime cost sums.

11. Subject to the conditions stated in paragraph 12 below, the rates and lump sums filled in by the tenderer in the schedule of quantities shall be final and binding and may not be adjusted should there be any mistakes in the extensions thereof. Should there be any discrepancies between the correctly extended totalled schedule of quantities and the tender sum, the rates will be regarded as being correct, and the employer shall have the right to make such adjustments to the tender sum as he may deem necessary in order to reconcile the total of the schedule of quantities with the tender sum. 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. Such adjustment of the tender sum shall take place only after acceptance of the tender, but prior to the signing of the contract. In their own interest tenderers should make double sure of the correctness of their tendered rates, the extensions and the tender sum.

12. A tender may be rejected if the unit rates or lump sums for some of the items in the schedule of quantities are, in the opinion of the employer, unreasonable or out of proportion, and the tenderer fails, within a period of seven (7) days of having been notified in writing by the employer to adjust the unit rates or lump sums for such items, to make such adjustments.

13. The units of measurement indicated in the schedule of quantities are metric units. The following abbreviations are used in the schedule of quantities:

mm = millimetre h = hour m = metre kg = kilogram km = kilometre t = ton (1000 kg) m² = square metre No. = number m².pass = square metre-pass sum = lump sum ha = hectare MN = meganewton m³ = cubic metre MN.m = meganewton-

metre m³.km = cubic metre-kilometre P C sum = Prime Cost sum l = litre Prov sum = Provisional sum kl = kilolitre % = per cent MPa = megapascal kW = kilowatt

75

14. All rates and sums of money quoted in the schedule of quantities shall be in rand and whole cents. Fractions of a cent shall be discarded.

15. The item numbers appearing in the schedule of quantities refer to the corresponding item numbers in the standard specifications. Item numbers prefixed by the letter B refer to payment items described under part B of the project specifications, those prefixed by C refer to part C, etc. for further parts of the project specifications.

Item numbers in schedule B of the schedule of quantities are in addition, preceded by the schedule number of each separate part of schedule B of the schedule of quantities, e.g. payment item 62.02 described in the standard specifications (clause 6210), when used in part 3 of the schedule B of the schedule of quantities, would be numbered 3/62.02, and if this payment item had been amended in part B of the project specifications, the payment item would be indicated as 3/B62.02.

16. Those parts of the contract to be constructed using labour-intensive methods have been marked in

the Bills of Quantities with the letters LI in a separate column filled in against every item so designated. The works, or parts of the works so designated are to be constructed using labour-intensive methods only. The use of plant to provide such works, other than plant specifically provided for in the scope of work, is a variation to the contract. The items marked with the letters LI are not necessarily an exhaustive list of all the activities which must be done by hand, and this clause does not over-ride any of the requirements in the generic labour intensive specification in the Scope of Works.

17. Payment for items which are designated to be constructed labour-intensively (either in this schedule

or in the Scope of Works) will not be made unless they are constructed using labour-intensive methods. Any unauthorised use of plant to carry out work which was to be done labour-intensively will not be condoned and any works so constructed will not be certified for payment

NB: TENDERERS MUST COMPLETE THE SCHEDULE OF QUANTIT IES IN BLACK INK

76




C2.2 Bills of Quantities CONTENTS

PAGES

SCHEDULE OF DAYWORKS 77 DECLARATION 77 BILL OF QUANTITIES 78-83

77

SCHEDULE OF DAYWORKS The Contractor shall list the rates applicable for any day work, which may be executed under this contract. Payment for day work, including overheads and profits, shall be calculated in accordance with clause 40(4) of the General Conditions of Contract.

CATEGORY OF WORKER RATE PER HOUR

Foreman Masterhand / Chargehand Skilled craftsman Semi-skilled craftsman Driver Plant operator – bulldozer Plant operator – grader Plant operator – TLB Plant operator – tractor Plant operator (specify) Plant operator (specify) Plant operator (specify) Semi-skilled employee Employee

EQUIPMENT (SPECIFIED BY CONTRACTOR) RATE PER HOUR

DECLARATION (In respect of completeness of Tender) SAKHISIZWE MUNICIPALITY 15 MACLEAR ROAD ELLIOT 5460 I/we, the undersigned, do hereby declare that these are the properly priced Bills of Quantities forming Part C2.2 of this Contract Document containing upon which my/our tender for CONTRACT NO: MIG/R/EC/5034/08/09 FOR THE CONSTRUCTION OF MACANGCENI ACCESS ROAD has been based. ------------------------------------------------------------------------ SIGNATURE OF TENDERER/S ----------------------------------------------------------- DATE

78

CONTRACT:Macangceni access road 1: PRELIMINARY AND GENERAL Pay- ment

Item No.

Description Unit Qty Rate Amount (R)

Refers

SABS 1200 A

PRELIMINARY AND GENERAL

8.3 1.1 Fixed -Charge Items

8.3.1 1.1.1 Contractual Requirements Sum 1 8.3.2 Establish facilities on the site:

1.1.2 a) Facilities for Contractor Offices and storage sheds

Sum 1

1.1.3 Workshops Sum 1

1.1.4 Ablution and latrine facilities Sum 1

1.1.5 Tools and equipment Sum 1

1.1.6 Water supplies, electric power and communications

Sum 1

1.1.7 Housing Sum 1

1.1.8 Implements Sum 1

1.1.9 Access Sum 1

b) Facilities for Engineer (SABS 1200 AB)

1

1.1.10 Nameboard No 1

1.1.11 Survey equipment and assistants

Sum 1

1.1.12 Density Testing Equipment Sum 1

8.3.3 1.1.13 Other fixed-charge obligations Sum 1

8.3.3 1.1.14 Health & Safety Plan Sum 1

8.3.4 1.1.14 Remove Contractor's Site establishment on completion Sum 1

TOTAL CARRIED FORWARD

79

Pay- ment

Item No. Description Unit Billed Qty Rate Amount (R)

Refers

TOTAL BROUGHT FORWARD

8.4 1.2 TIME-RELATED ITEMS

8.4.1 1.2.1 Contractual Requirements Sum 1

8.4.2 Operate and maintain facilities on the site:

a) Facilities for Contractor for duration of construction, except where otherwise stated.

1

1.2.2 Offices and storage sheds Sum 1

1.2.3 Workshops Sum 1

1.2.4 Ablution and latrine facilities Sum 1

1.2.5 Tools and equipment Sum 1

1.2.6 Water supplies, electric power and communications 1

1.2.7 Housing Sum 1

1.2.8 Implements Sum 1

b) Facilities for Engineer (SABS 1200 AB) 1

1.2.9 Nameboard No 1

1.2.10 Survey equipment etc. Sum 1

8.3.3 1.2.11 Supervision Sum 1

8.3.4 1.2.12 Company and head office overhead costs.

Sum 1

8.4.5 1.2.13 Other time-related obligations Sum 1

1.2.14 CLO Prov/Sum 1 36000 36 000.00

1.2.15 PSC Members Prov/Sum 1 6000 6 000.00

1.2.16 Health and Safety Act 85 of 1993 expenses 1

1.2.17 Laboratory test and density tests of all pavement layers

1

TOTAL CARRIED FORWARD

80

Payment Refers

Item No.

Description

Unit Billed Qty Rate Amount (R)

TOTAL BROUGHT FORWARD

1.2.18 Making and testing of concrete test cubes 1 set of 6 for every batch of 50 m3 concrete. Three tested on 7 days and the other on 28 days

Sets 4 Rate

1.3 DAYWORK (Provisional) (a) Labour (Rates to include on-costs)

1.3.1 Unskilled Hour - Rate

1.3.2 Semi-skilled Hour - Rate

1.3.3 Ganger Hour - Rate

1.3.4 Artisan Hour - Rate

(b) Plant (Rates to include on-costs)

1.3.5 Rubber tyred front end loader

Make…………. Model………… Hour Rate

1.3.6 Excavator/Backactor Make………….

Model………… Hour Rate

1.3.7 Bulldozer Make ……………….

Model………………………….. Hour Rate

1.3.8 Grader Make………………….. Model…………………………… Hour - Rate

1.3.9 Tip Truck (5 m3 min) Make…………. Model………… Hour - Rate

1.3.10 Water Truck (State capacity)

Make…………. Model………… Hour - Rate

1.3.11 Pedestrian type vibrator roller Make…………. Model………… Hour - Rate

1.3.12 Compressor complete with hand tools and attachments Make…………. Model…………

Hour - Rate

1.3.13 Revolving drum concrete mixer

Make…………. Model………… Hour - Rate

TOTAL CARRIED FORWARD TO SUMMARY

81

82

83

SUMMARY TO SCHEDULE OF QUANTITIES

Section Description Amount 1 Preliminary and General 2 Earthworks 3 Storm water drainage

Sub total 1

Add 10% Contingencies

Sub total 2

Add 14% VAT

TOTAL

------------------------------------------------------------------------ SIGNATURE OF TENDERER/S ----------------------------------------------------------- DATE

84




Part C3: Scope of Work

Pages C3.1 Description of the Works 85-86 C3.2 Engineering 87 C3.3 Procurement 88-93 C3.4 Project Specification 94-163

Status Should any requirement or provision in the parts of the Scope of Work conflict with any requirement of any Standardised Specification, or any drawings, the order of precedence, unless otherwise specified, is: Drawings Scope of Work (Parts C3.1, C3.4, C3.5 and C3.6) COLTO Standardised Specifications

85




C3.1 Description of the Works CONTENTS

C3.1.1: Employer’s Objectives and Overview of the Works

C3.1.2: Description of Site and Access

C3.1.3: Extent of the Works

C3.1.4: Other Simultaneous Contracts

C3.1.5: Site Security

86

C3.1 Description of the Works C3.1.1 Employer's Objectives and Overview of the W orks • To construct approximately 2.3 kilometres of gravel-surfaced all-weather access road complete with

storm water drainage.

• Make use of local labour to deliver the infrastructure, wherever labour intensive construction is

deemed technically feasible.

C3.1.2 Description of Site and Access

Macangceni access road is within area of the Sakhisizwe Local Municipality.

The project starting co-ordinates are:

• 27043’55.02” E • 31027’33.46” S

C3.1.3 Extent of the Works Works shall comprise:

• Clear and grub • Ripping of the in-situ material to a depth of 150mm, shape and compact to 93% modified AASHTO

density. • Supply and lay 600mm concrete culverts in places that will be pointed by the engineer. • Construction of concrete slab and wing walls to direct storm water. • Surfacing with a 150mm gravel layer extracted from an approved source.

The above description is not necessarily complete and shall not limit the work to be carried out. C3.1.4 Other Simultaneous Contracts

There will be no other contracts on the site.

C3.1.5 Site Security

The Contractor shall take every precaution to ensure safety on site and to protect the Works and temporary works from theft and vandalism. The Contractor will be responsible for the safety and security of his personnel, materials on site and the Works in general at all times.

The Contractor shall therefore acquaint himself with the current situation in the area (liaising with the local Police and Community Forums if necessary) and shall provide all security measures, including the employment of security services, as he deems necessary to comply with the requirements of this clause.

87




C3.2 Engineering DRAWINGS ISSUED WITH THIS DOCUMENT The following drawings are issued with this Document and shall be used for tendering purposes only: LIST OF CONTRACT DRAWINGS BOUND INTO THIS CONTRACT DOCUMENT

Drawing No Drawing Title

MDE/ELLIOT/01 SITE PLAN MDE/ELLIOT/02 ACCESS ROAD LAYOUT DRAWING MDE/ELLIOT/03-06 ACCESS ROAD – LONGITUDINAL SECTIONS MDE/ELLIOT/07-10 ACCESS ROAD – CROSS SECTIONS MDE/ELLIOT/11 NAME BOARD AND GENERAL DETAILS MDE/ELLIOT/12 STORM WATER DETAILS

88




C3.3 Procurement CONTENTS

C3.3.1: Employment of a Community Liaison Officer (CLO)

C3.3.2: Labour Intensive Construction (LIC) Work

C3.3.3: Employment of Local Labour

C3.3.4: Conditions of Temporary Employment

C3.3.5: Task Work Related Activities

89

C3.3.1 Employment of a Community Liaison Officer ( CLO)

A CLO will be employed in this contract C3.3.2 Labour Intensive Construction (LIC) Work C3.3.2.1 General

Contractors are encouraged to promote LIC methods where and when possible by utilising temporary local labour from the surrounding local communities.

The chief aim of utilising LIC construction methods on this project is to afford an opportunity to the greatest possible number of members of the local community (and possibly surrounding communities if the circumstances warrant it and approval is granted by the Employer) to obtain temporary employment and where applicable to obtain certified and accredited in-service training, to increase their level of experience and enhance their ability to secure future employment.

There are specific requirements regarding labour intensive construction (LIC) and the use of affirmative business enterprises (ABE’s) and historically disadvantaged individuals (HDI’s) and with regard to training. Contractors are encouraged to maximise labour based construction activities and the Works and activities shall be so programmed and executed that those operations and activities that can reasonably be done by means of hand labour are so performed.

C3.3.2.2 The Community

The Community in terms of Sub clauses 1. (1)(cc) and 23. (4) of the Special Conditions of Contract shall for the purpose of this Contract be held to include all residents residing within a five kilometre radius of the site.

C3.3.2.3 Recruitment of Local Labour

Upon receipt of the Letter of Tender Acceptance the Contractor shall expeditiously proceed to arrange for the recruitment of local labour. Most of the labour employed on the Contract shall, insofar as such labour is available, be recruited form the local Community stated above, unless it shall be agreed between the Employer, the Engineer and the Contractor that labour residing in neighbouring communities may be recruited and employed.

C3.3.2.4 LIC Activities

Contractors are encouraged to carry out the following activities with local labour using LIC methods after suitable training: (i) Excavation of shallow trenches up to 1,0 m depth. (ii) Backfilling and compaction of all the above-mentioned trenches. (iii) Batching, mixing and transport on site of all concrete for blinding to manholes and other

structures, thrust blocks, kerb bedding etc. (iv) Construction of inlet and outlet structures.

In addition to the above the Contractor may wish to consider the use of trained local labour and LIC methods for the following activities as well:

(i) Manufacture on site of precast concrete elements such as manholes cover slabs, concrete

bricks for manholes etc. (ii) Other activities that by their nature are usually done by labour intensive construction

methods.

The Contractor is encouraged to add activities to the above list but he shall ensure that the specified standards of construction will be achieved.

90

Although it is the intention that the above activities be carried out by labour intensive construction methods the Contractor may propose to the Engineer alternative ways in which the work is to be executed. The Engineer's approval of these alternative methods will not be unreasonably withheld from the Contractor.

C3.3.3 Employment of Local Labour C3.3.3.1 Amount of Labour Offered

The Contractor shall submit detailed daily labour records to the Engineer indicating respectively the numbers of permanent and temporary local employees employed on the Works and the activities on which they were engaged.

C3.3.3.2 Payment and Productivity

In order that the project is economically viable and the employment of labour is not merely a "hand-out" to the local community, it is important that payment of the labour force is linked to productivity. Increased productivity can be achieved by utilising the "Task Work" principle (see Clause C3.3.5), in terms of which the Contractor will be required to reward the labour force on the basis of Tasks completed, subject to the minimum rate of payment per day in terms of Clause C3.3.4

Payment to the local labour force shall be made on a fortnightly basis in respect of Tasks completed during the period

4…2.1.5 The Contractor shall, through all available community structures, inform the local community of the labour intensive works and the employment opportunities presented thereby. Preference must be given to people with previous practical experience in construction and / or who come from households: a) where the head of the household has less than a primary school education; b) that have less than one full time person earning an income; where subsistence agriculture is the source of income. d) those who are not in receipt of any social security pension income 4….2.1.6 The Contractor shall endeavor to ensure that the expenditure on the employment of temporary workers is in the following proportions: a) 60 % women; b) 20% youth who are between the ages of 18 and 35; and c) 2% on persons with disabilities. 4…2.2 Specific provisions pertaining to SANS 1914-5 4.2.2.1 Definitions Targeted labour: Unemployed persons who are employed as local labour on the project. 4….2.2.2 Contract participation goals 4..2.2.2.1There is no specified contract participation goal for the contract. The contract participation goal shall be measured in the performance of the contract to enable the employment provided to targeted labour to be quantified. 4..2.2.2.2 The wages and allowances used to calculate the contract participation goal shall, with respect to both time-rated and task rated workers, comprise all wages paid and any training allowance paid in respect of agreed training programmes. 4…2.2.3 Terms and conditions for the engagement of targeted labour Further to the provisions of clause 3.3.2 of SANS 1914-5, written contracts shall be entered into with targeted labour. 4…2.2.2.4 Variations to SANS 1914-5 4…2.2.2.4.1The definition for net amount shall be amended as follows:

91

Financial value of the contract upon completion, exclusive of any value-added tax or sales tax which the law requires the employer to pay the contractor. 4…2.2.2.4.2 The schedule referred to in 5.2 shall in addition reflect the status of targeted labour as women, youth and persons with disabilities and the number of days of formal training provided to targeted labour. 4…2.2.2.5 Training of targeted labour 4…2.2.2.5.1The contractor shall provide all the necessary on-the-job training to targeted labour to enable such labour to master the basic work techniques required to undertake the work in accordance with the requirements of the contract in a manner that does not compromise worker health and safety. 4…2.2.2.5.2 The cost of the formal training of targeted labour, will be funded by the provincial office of the Department of Labour. This training should take place as close to the project site as practically possible. The contractor, must access this training by informing the relevant provincial office of the Department of Labour in writing, within 14 days of being awarded the contract, of the likely number of persons that will undergo training and when such training is required. The employer must be furnished with a copy of this request. 4…2.2.2.5.3 A copy of this training request made by the contractor to the DOL provincial office must also be faxed to the EPWP Training Director in the Department of Public Works– Cinderella Makunike, Fax Number 012 328 6820 or email [email protected] Tel: 083 677 4026. 4…2.2.2.5.4 The contractor shall be responsible for scheduling the training of workers and shall take all reasonable steps to ensure that each beneficiary is provided with a minimum of six (6) days of formal training if he/she is employed for 3 months or less and a minimum of ten (10) days if he she is employed for 4 months or more. 4...2.2.2.5.5 The contractor shall do nothing to dissuade targeted labour from participating in training programmes. 4…2.2.2.5.4 An allowance equal to 100% of the task rate or daily rate shall be paid by the contractor to workers who attend formal training, in terms of 4…2.2.2.5.4 above. 4…2.2.2.5.5 Proof of compliance with the requirements of 4…2.2.2.5.2 to 4…2.2.2.5.6 must be provided by the Contractor to the Employer prior to submission of the final payment certificate.

C3.3.4 Conditions of Temporary Employment

The Conditions of Temporary Employment stated below and the Task Work principles given in Clause C3.3.5 have been based on the Framework Agreement between the Congress of South African Trade Unions (COSATU) and the National Committee for Labour Intensive Construction (NCLIC).

The tendered rates and prices will be held to have been based on the following conditions:

SCHEDULED CONDITIONS FOR TEMPORARY EMPLOYMENT

Rate of payment for Task Work related activities

Minimum rate of payment for labour (participating in activities where no production rate is specified)

Normal working hours per day

Transport to site

Payment for all special non-working days (except Sundays and non-working Saturdays) - Clause 38 of General

92

Conditions of Contract: • Where the worker does not work • Where the worker does work

Payment during accredited training

Notice of termination of temporary employment

Severance pay

Workmen’s Compensation Act (WCA) benefits

Unemployment Insurance Fund

Any changes to the above scheduled employment conditions after the closing of the Tender which affects the Cost of the Works will be dealt with in accordance with Clause 46.4 of the General Conditions of the Contract. The said employment conditions are not negotiable between the Contractor and any party whatsoever and shall only be amended on written order by the Engineer.

The rate of payment to local labour will be based on the accepted contractual productivity levels. The Engineers Representative will monitor productivity to ensure that this principle is carried out. For labour intensive construction (LIC) activities where no production rate is applicable, the minimum rate of payment per working day specified above shall apply. The following conditions of work shall complement the conditions of employment described

above: (i) Protective clothing shall be supplied to an employee in accordance with the requirement

of the Occupational Health and Safety Act. (ii) Persons under the age of sixteen years shall not be permitted to work on labour intensive

projects. (iii) The Contractor shall give to an employee, at the earliest possible opportunity, an

induction to and training in terms of the Occupational Health and Safety Act. (iv) The Contractor shall give to an employee, at the earliest possible opportunity, notice of

the termination of the project and/or the requirements of that employee's participation in the project; provided that such notice shall not be less than 7 days. Payment may be made in lieu of such notice.

(v) The employee shall, upon termination of his services, be entitled to a certificate of service showing the full names of the employer and the employee, the type of work done by the employee, the date of commencement, a record of training received and the date of termination of the contract and the rate of payment on the date of termination.

(vi) An employee shall not be required or permitted to work for more than five hours continuously without a meal interval of not less than half an hour during which interval such employee shall not be required or permitted to perform any work.

(vii) All labour employed on the Site shall be covered by the Workmen's Compensation Act: refer Clause 38. (7) of the Special Conditions of Contract.

93

C3.3.5 Task Work Related Activities

A Task shall be determined on the basis of what an average person from the local community could complete in a day. A Task shall be defined on the said basis with regard to the prevailing physical conditions e.g. soil density and other regulatory conditions as specified in Clause C3.3.4.

A task is a quantified activity or operation to be performed by a person/labourer in one ordinary working day. The quantification of tasks shall be based on individual employees or a group of employees.

The activities and production rate ranges given in the schedule below have (where indicated) previously been agreed to and sanctioned by the South African Federation of Civil Engineering Contractors (SAFCEC): Western Cape Branch to be realistic and must be used as a guideline by the Tenderer/Contractor in the preparation of his tender in as far as LIC construction methods are concerned.

SCHEDULE OF DAILY TASK PRODUCTION RATE PARAMETERS ACTIVITY PRODUCTION RATE

(quantity per task per day)

No Description Unit From: To:

FOLLOWING HAVE NOT YET BEEN SANCTIONED BY SAFCEC

94




C3.4 Project Specifications

CONTENTS

DESCRIPTION

SCOPE

STATUS

PORTION 1: THE WORKS PS 1 GENERAL DESCRIPTION PS 2 DESCRIPTION OF SITE AND ACCESS PS 3 CHARACTER OF STRATA AND MATERIALS ON SITE PS 4 DETAILS OF CONTRACT PS 5 CONSTRUCTION PROGRAMME PS 6 SITE FACILITIES AVAILABLE PS 7 SITE FACILITIES REQUIRED PS 8 FEATURES REQUIRING SPECIAL ATTENTION PS 9 IDENTITY BOARD PS 10 SPOIL SITE PS 11 CONSTRUCTION REGULATIONS, 2003 PS 12 LABOUR INTENSIVE WORK PS 13 FINISHING AND TIDYING

95

PS 14 APPLICABLE STANDARDIZED SPECIFICATIONS PS 15 RECORDING OF WEARTHER PS 16 UNAUTHORISED PERSONS PS 17 MANAGEMENT MEETINGS PS 18 FORMS FOR CONTRACT MLMINISTRATION PS 19 ELECTRONIC PAYMENTS PS 20 DAILY RECORDS PS 21 PAYMENT CRTIFICATES PS 22 PERMITS PS 23 PROOF OF COMPLIANCE WITH THE LAW PORTION 2: VARIATIONS AND ADDITIONS TO REQUIREMENTS OF STANDARDISED SPECIFICATIONS PSA GENERAL

PSAB ENGINEERS OFFICE

PSD EARTHWORKS

PSDB EARTHWORKS (PIPE TRENCHES)

PSDM EARTHWORKS (ROADS, SUBGRADE)

PSME SUBBASE

PORTION 3: HEALTH AND SAFETY SPECIFICATIONS

PORTION 4: LABOUR INTENSIVE SPECIFICATION

SCOPE This project specification is set out in four portions.

96

• Portion 1 covers a general description of the project, the facilities available, and the requirements to be met.

• Portion 2 covers variations and additions to standardized specifications that are applicable to the Contract.

• Portion 3 covers the health and safety specification.

• Portion 4 covers labour intensive specification.

STATUS Should any requirement of the project specification conflict with any requirement to the standardized specifications listed in clause PS 13, the requirement of the project specification shall prevail. When reference is made to "'Specification" it shall mean the applicable Standard Specification and/or Project Specification.

PORTION 1: THE WORKS

PS1 DESCRIPTION OF THE WORKS 1.1 Employer’s objectives

• To construct approximately 2.3 kilometres of gravel-surfaced all-weather access road complete with storm water drainage.

• Make use of local labour to deliver the infrastructure, wherever labour intensive construction is deemed technically feasible.

1.2 Extent of the works Works shall comprise:

• Clear and grub • Ripping of the in-situ material to a depth of 150mm, shape and compact to 93% modified

AASHTO density.

• Supply and lay 600mm concrete culverts in places that will be pointed by the engineer. • Construction of concrete slab and wing walls to direct storm water. • Surfacing with a 150mm gravel layer extracted from an approved source.

1.4 Location of the works

Macangceni access road is located within the area of the SAKHISIZWE Local Municipality. The project starting co-ordinates are:

• 27043’55.02” E • 31027’33.46” S

1.5 Temporary works

The Contractor shall at all times ensure that the operations do not endanger any member of the public. As certain sections of the alignment fall within villages, the Contractor shall take special precautions to prevent public access to any danger areas on the Works, e.g. by temporary barricading and/or fencing. All barricading and trench shoring are to be in terms

97

as specified in the Occupational Health and Safety Act as well as per the Construction Regulations.

PS 2 DESCRIPTION OF SITE AND ACCESS

The access road is currently an earth track varying in characteristics between parallel ruts

separated by vegetation and un-engineered earth road whereby vegetation has been cleared by perpetual traffic activity. In-situ material consists of reddish clayey material which becomes very slippery during or after wet weather conditions thus rendering the facility completely impassable.

Continued use has deepened the tracks making it difficult for small cars with low ground clearance to navigate through. The situation has further been exacerbated by storm water that flows along those ruts scouring them to potential water courses.

PS 3 CHARACTER OF STRATA AND MATERIALS ON SITE

The Contractor shall take note that he has a responsibility to satisfy himself as to the nature of the ground and subsoil.

PS 4 DETAILS OF CONTRACT The road will be upgraded to an all-weather gravel-surfaced facility. The work shall comprise the following:

• Removal of top soil to a nominal depth of 150mm • Treatment of subgrade: In-situ material with a CBR less than 3% at in-situ density

shall be spoiled and replaced with a suitable material from an approved source compacted to 93% mod. AASHTO density.

• Removal of boulders where necessary and borrowing of fill material from an approved source.

• Roadbed preparation: ripping of the in-situ material to 150 mm, shaping and re-compacting to 93 % mod AASHTO.

• In sections where rock outcrops cannot be removed or bed rock appears on the surface, a selected sub-grade layer 150mm thick will be constructed

• Wearing course: gravel wearing coarse, 150mm thick, shall be constructed from, preferably, a class E material according to TRH 20 (guidelines for structural design, construction and maintenance of unpaved roads). If this class is not available any other class can be used with the exception of class D. TMH1 testing methods shall be employed to carry out quality tests on materials.

• Storm water drainage system: the drainage system will consist of unlined side channels, erosion prevention beams and storm water dissipaters. Where necessary, mitre drains, cut off drains, chutes and storm water culverts will be provided.

• Provision of regulatory, and warning traffic signs.

The above description is not necessarily complete and shall not limit the work to be carried out.

PS 5 CONSTRUCTION PROGRAMME

The time for completion on this Contract is 6 months, which includes the allowance for inclement weather. All statutory holidays for the Civil Engineering Industry falling within the authorised Contract period, will be allowed as extensions to this period, but the Contractor will not be paid additional Time-Related charges for these days

98

The Contractor shall submit a preliminary programme with his BID indicating the main activities to be carried out. Any work carried out prior to approved sureties and proof of insurances being submitted will be at the Contractor’s risk. The start and completion dates of the Contract will however not be adjusted due to late submission of approved sureties.

The Contractor shall submit to the Engineer within 14 days of receiving the Letter of Acceptance from the Employer, a detailed programme setting out clearly the sequence of work, and the resources which he intends to use, and a projected cash flow for the various sections of the work. The programme shall be submitted in the form of a bar chart. The quantity of work applicable to each bar item as well as the rate, at which the work will be completed, shall be shown on each bar.

If the programme is to be revised by reason of the Contractor falling behind his programme, he shall produce a revised programme showing modifications to the original programme necessary to ensure completion of the works or any part thereof within the time of completion as defined or any extended time granted. 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 in a more efficient manner. The approval by the Engineer of any programme shall have no contractual significance, other than that the Engineer would be satisfied if 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 should circumstances make this necessary.

PS 6 SITE FACILITIES AVAILABLE

PS 6.1 Source of Water Supply

The Contractor shall make his own arrangements for the provision of water for domestic use, site works and that, which is required for testing purposes.

The Contractor shall take note that no direct payment will be made for any costs incurred for the provision of a water supply point, nor for the cost of water drawn. Payment for the aforementioned shall be deemed to be covered by the rates and price tendered and paid for the various items of work included under the Contract.

The Contractor shall make himself thoroughly acquainted with the regulations relating to the use of water in the area and shall take adequate measures to prevent the wastage of water.

The Employer accepts no responsibility for a shortage of water at the allocated supply point due to any cause whatsoever, or for additional costs incurred by the Contractor as a result of such shortage.

PS 6.2 Source of Power Supply

The Contractor shall make his own arrangements regarding the supply of electricity. The Contractor shall take note that no direct payment will be made for any costs incurred for the provision of a power supply point, nor for the cost of electricity drawn. Payment for the aforementioned shall be deemed to be covered by the rates and price tendered and paid for the various items of work included under the Contract.

99

PS 6.3 Location of Site Camp and Materials Storage Area

The Contractor shall establish his site camp and materials storage area at a mutually acceptable location as approved by the Engineer. The Contractor shall confine his camp and storage of materials to the areas designated or approved by the Engineer. The camp must be kept clean and tidy and, on completion of the construction works, the Contractor shall re-instate the areas to the Engineer's satisfaction.

PS 7 SITE FACILITIES REQUIRED

PS 7.1 Engineer's Site Facilities

An office for the Engineer is required. The type of office required for the Engineer is specified in Clauses AB 3.2 and PSAB 3.2. Site Meetings will be held in the Contractor's site office.

PS 7.2 Laboratory Facilities

Not required

PS 7.3 Sanitary Facilities for the Contractor's Staff

The Contractor shall supply chemical toilets for use by his employees and temporary workers and shall be entirely responsible for maintaining such toilets in a clean and sanitary condition to the satisfaction of the Engineer and the health authorities. The number of toilets shall be based on one toilet per fifteen personnel on site and the Contractor shall make his own arrangements and pay all charges for the removal of sewage.

PS 7.4 Telephone Facilities

The Engineer will use his own cellular and office telephones for this Contract. Accounts for use of the said telephones will be submitted to the Contractor for payment up to the maximum provisional sum allowed for in the Schedule of Quantities.

PS 7.5 Accommodation for Employees

The Contractor shall make his own arrangements for the accommodation of his employees.

PS 7.6 Security of Contractor's Site Camp

Security of the Contractor's site camp will be the Contractor's own responsibility and no additional payment will be made if additional security measures need to be taken during the Contract.

PS 8 FEATURES REQUIRING SPECIAL ATTENTION

PS 8.1 Construction Method

Contractors are to note that it is a requirement of this Contract that labour-intensive construction methods be utilized wherever possible and the Contractor shall therefore be required to plan his activities to maximise the use of local labour and small Contractors. The principal Contractor is to negotiate with the small Contractors to conduct portions of the works as sub-Contractors. The Client is to approve the appointment of each sub-Contractor. It will be the principal Contractor's responsibility to empower and train the small Contractors on the site. The Contractor is to take care that the elements of work which he intends to allow small contractors to perform will not impact negatively on the

100

critical path of the Construction Programme. If there is non-performance by the sub-Contractor claims for extension of time will not be entertained in this regard. The rates tendered shall cover the full cost of complying with the above requirements. Details of the proposed utilisation of small sub-Contractors are to be included in the bid submission.

The Contractor shall take note that the resident communities of the villages alongside the road may have the expectation that work in their area will be undertaken using a workforce drawn from their area.

To avoid any problems in this regard the Contractor shall use the community facilitators employed to timeously reach mutually acceptable employment agreements with an affected community.

PS 8.2 Communication with Residents

A Project Steering Committee will be formed by the residents to act as the communication channel between the Contractor and the residents. This Project Steering Committee will also be assisted by the Community Liaison Officer.

PS 8.3 Machine and Hand Operations

Machine Operations:

The following are the anticipated construction methods to be used by the Contractor for the implementation of the project.

• Bulk Earthworks

• Layer works

Hand Operations:

• Laying of pipes

• Construction of headwalls

• Removal of oversize material

• Construction of erosion prevention structures

• Opening of side channels, mitre banks and interception drains

The use of mechanical equipment for any other activities will be permitted only with the written approval of the Engineer.

PS 8.4 Empowering Emerging Sub-Contractors and Local Labour

It is the intention to make the maximum possible use of the local labour force, which is at present unemployed.

The Contractor shall be expected to limit the use of non-local persons to this permanent core of key personnel only and shall submit with his BID a statement which details his intention with respect to the employment and training of local labour as well as listing the number of key personnel.

PS 8.5 Public Safety

The Contractor shall at all times ensure that his operations do not endanger any member of the public. The Contractor shall take special precautions to prevent public access to any

101

danger areas on the Works, e.g. by temporary barricading and/or fencing. All barricading and trench shoring are to be in terms as specified in the Occupational Health and Safety Act. No street crossing shall be left open over-night and temporary cross over access shall be provided to all properties affected.

PS 8.6 Sand and dust control

The Contractor shall, for the duration of the Contract, take appropriate measures to control the dust and soil movement, which may arise due to his operations.

PS 8.7 Existing Services

The Contractor shall take whatever precautions are required to protect existing services from damage during the period of the Contract. Any damage to, and resulting damage from activities resulting in loss, on services shall be for the Contractor's account.

PS 8.8 Control Testing

The Contractor is required to carry out his own control testing. The results of these control tests together with the location of the tests shall be submitted to the Engineer for approval. No payments will be made without this information.

The Engineer may order that additional tests be carried out from time to time. A provisional sum is allowed for these additional tests. The cost of any additional tests that might fail, together with the remedial work ordered by the Engineer will be for the account of the Contractor.

PS 9 IDENTITY BOARD

The identity board required shall be as detailed on the drawing supplied by the Engineer.

PS 10 SPOIL SITE

No indiscriminate spoiling of material will be allowed. All surplus or unsuitable material shall be spoiled at a site located by the Contractor and approved by the Engineer.

PS 11 CONSTRUCTION REGULATIONS, 2003

The Contractor shall be required to comply with the Occupational Health and safety Act, 1993: Construction Regulations, 2003 (the regulations) as promulgated in Government Gazette No 25207 and Regulation Gazette No 7721 of 18 July 2003. Non-compliance with these regulations, in any way whatsoever, will be adequate reason for suspending the works. The proposed type of work, materials to be used and potential hazards likely to be encountered on this Contract are detailed in the Project Specifications, the Schedule of Quantities, the Drawings, and in the Employers’ health and safety specification (regulation 4 (1) of the Construction Regulations 2003), which is bound into the Contract document.

The Contractor shall, in terms of regulation 5(1), provide a comprehensive health and safety plan detailing his proposed compliance with the regulations, for approval by the Employer.

The Contractor shall at all times be responsible for full compliance with the approved plan as well as with the Construction Regulations and no extension of time will be considered for delays due to non-compliance with the abovementioned plan or regulations.

102

Payment items are included in the Schedule of Quantities to cover over the Contractor’s cost for compliance with the OHS Act and the abovementioned regulations

PS 12 LABOUR INTENSIVE WORK

The guiding principles upon which this is based includes:

• Create employment opportunities for the local community

• Emphasis be given to the employment of women who are the single head of households and have dependants.

• Employment opportunities be given to emerging Sub Contractors.

In line with the above, the following targets have been set in order to reach objectives and this contract will be subject to these targets:

Labour intensive methods of construction are to be used with a minimum of 20% of the project budget (i.e. contract award value) to be spent on local community labour.

Women are to make up at least 20% of the Total Local Labour employed on the project with an emphasis on "Women who are the single head of households and have dependants".

Disabled persons are to make up at least 1.5% of the Total Local Labour employed.

Youth (above school going age and below 36) are required to make up at least 15%

The Contractor shall therefore be required to plan his activities to maximise the use of local labour.

Furthermore, the BIDDER is required to complete the statement of intent relating to the use of local labour. This statement is required to indicate the methods which the contractor intends employing to achieve the employment targets. The Contractor shall be expected to limit the use of non-local persons to his permanent core of key personnel only.

PS13 FINISHING AND TIDYING

The Contractor shall take note that progressive and systematic finishing and tidying will form an essential part of this Contract. On no account, shall spoil, rubble, material, equipment or unfinished operations be allowed to accumulate in such a manner as to unnecessarily be a hindrance to or impede the activities of others. In the event of this occurring the Employer shall have the right to withhold payment for as long as may be necessary in respect of the relevant work in the area(s) concerned.

PS 14 APPLICABLE STANDARDIZED SPECIFICATIONS

For the purpose of the contract the latest issues of the following standardized specifications applicable on the date of BID advertisement, shall apply.

SABS 1200 A General

SABS 1200 AB Engineers Office

SABS 1200 C Site Clearance

SABS 1200 D Earthworks

SABS 1200 DA Earthworks (Small Works)

SABS 1200 DM Earthworks (Road, subgrade)

103

SABS 1200 LE Storm water Drainage

SABS 1200 M Roads (General)

SABS 1200 ME Subbase

SABS 1200 MF Base

The bidder is expected to provide for himself the necessary SABS 1200 Specification and equivalent codes under SABS 0120.

PS 15 RECORDING OF WEATHER

The Contractor shall erect an effective rainfall gauge on the site and record the daily rainfall figures in a book. Such book shall be handed to the employer’s representative for his signature no later than 12 days after rain that is considered to justify an extension of time occurs.

PS 16 UNAUTHORISED PERSONS

The Contractor shall keep unauthorized persons from the works at all times. PS 17 MANAGEMENT MEETINGS

The Contractor is to allow in his rates to attend the following management meetings � 1 Site Meeting per month � 2 Community Meetings per month � 1 Health and Safety audit meeting per month � 1 Health and Safety monitoring meeting per month

PS 18 FORMS FOR CONTRACT ADMINISTRATION

The Contractor will be required to keep, as a minimum, the following records on site for the duration of the Contract � Site Diary � Site Request book � Site Instruction book

PS 19 PAYMENTS

The Contractor shall be paid by means of an Electronic Funds Transfer by the Sakhisizwe Local Municipality.

PS 20 DAILY RECORDS

The Contractor will be required to keep, as a minimum, the following daily records on site for the duration of the Contract � Plant on site � Personnel on site � Weather conditions � Safety issues � Work activities conducted

104

PS 21 PAYMENT CERTIFICATES

The Contractor is required to submit the following information with payment certificates to expedite verification and certification by employer. � Proof of payment of local labour � Proof of payment of suppliers � Cession of materials on site

PS 22 PERMITS

No permits are required to carry out the normal construction activities PS 23 PROOF OF COMPLIANCE WITH THE LAW

SARS Certificate of Good Standing are to be provided with the quotation.

105

PORTION 2: VARIATIONS AND ADDITIONS TO REQUIREMENTS OF STANDARDIZED

SPECIFICATIONS

NOTE The prefix "PSA" indicates an amendment to SABS 1200 A, "PSDB" to SABS 1200 DB and so on. The numbers following these prefixes are the relevant sub clause numbers in SABS 1200. An asterisk (*) placed next to a PS sub clause number denotes the inclusion of an additional sub clause for which no equivalent appears in SABS 1200. It should be noted that where, in a specific standardized specification, reference is made to a sub clause in another standardized specification, any amendment or addition to the sub clause referred to, as provided for in the project specification, shall apply.

PSA GENERAL PSA 3 MATERIALS PSA 3.1 Quality

Where applicable, materials shall bear an official standardization mark.

Add the following:

“Where proprietary materials are specified it is to indicate the quality or type of materials or articles required, and where the terms ‘or other approved’ or ‘or approved equivalent’ are used in connection with proprietary materials or articles, it is to be understood that the approval shall be at the sole discretion of the Engineer.”

PSA 5 CONSTRUCTION PSA 5.2 Watching, Barricading, Lighting and Traffic Crossings

Add the following:

“The Contractor shall comply in all aspects with the requirements of the Occupational Health and Safety Act (Act 85 of 1993)”, as well as the Construction Regulations for July 2003.

“PSA 5.11* Accommodation of Traffic

The contractor shall at all times ensure that adequate traffic accommodation measures are put in place so as to ensure public and traffic safety.

Temporary traffic signs shall be erected at all diversions. The number and layout of the traffic signs shall comply with the Site Manual entitled “Safety at Roadworks in Urban Areas”, as published by the Department of Transport. Traffic signs shall have a yellow background with either a red / black border.”

106

PSA 7 TESTING PSA 7.2 Approved laboratories

Add after “Engineer” in the third line “or any laboratory designated by the Engineer”.

PSA 8 MEASUREMENT AND PAYMENT PSA 8.1.2.1 Contents

Replace the contents of item (c) with the following:

“The 'duration of construction' applicable to a time-related item shall be the tendered Contract period for the total works, plus as applicable the period over the Christmas shutdown equalling 15 working days and all gazetted paid holidays for the Civil Engineering Industry.”

PSA 8.2.2 Time-related items

Replace the contents of this sub clause with the following:

"Subject to the provisions of 8.2.3 and 8.2.4, payment for each time-related item will be made monthly in equal amounts, calculated by dividing the sum tendered for each item by the duration of construction as defined in PSA 8.1.2.1 in months, until the sum tendered has been paid in full, provided always that the total of the monthly amounts (value) so paid for each item is not more than the proportion to the progress of the work as a whole.

e.g.

Net Value of Work Completed x Time Related Tendered Costs Net Value of the Contract

Should the Engineer grant an extension of time for the completion of the total works, the Contractor will be entitled to an increase in the sums tendered for time-related items, which increase shall be in the same proportion to the original tendered sums, as the extension of time is to the duration of construction as defined in PSA 8.1.2.1. The Contractor shall however note that the aforementioned will not apply to extensions of time granted in terms of PSA 8.4.6.

Payment of such increased sums will be taken to be as full compensation for all additional preliminary and general costs, either time-related costs or fixed costs, that result from the circumstances pertaining to the extension of time granted."

PSA 8.3.1 Contractual requirements

Add the following: “The sum tendered shall include for the cost of providing and maintaining the special risks insurance stipulated in the appendix to the bid.” “In addition, the sum tendered shall cover all initial costs incurred in complying with the requirements of the Special Conditions of Contract.

PSA 8.3.2.1 Facilities for Engineer

Replace the contents of sub clause (c) with the following:

107

“(c) Name boards (1 No) .................................................................Unit: Sum”

Add the following:

“(d) Identity boards (1 No) ..............................................................Unit: Sum”

The facilities provided shall comply with the applicable requirements of SABS 1200 AB and PSAB.

PSA 8.3.2.2 Facilities for Contractor

Notwithstanding the detail breakdown of items provided (items a to j), a single sum shall be tendered to cover all these items under the heading of “Facilities for Contractor”.

PSA 8.3.3 Other fixed-charge obligations including compliance with the OH&S Act and

Construction regulations

Add after the last paragraph:

“Certain items will be scheduled purely to draw the Contractors attention to them. They are not all encompassing and, do not relieve the Contractor from his obligation if not documented as a payment item.”

PSA 8.4.1 Contractual requirements

Add the following:

“The Contractor shall bid a lump sum in the Schedule of Quantities to cover his time-related establishment costs. The amount tendered and paid shall be full compensation to the Contractor for:

(i) The maintenance of his whole organisation as established for this Contract.

(ii) The maintenance of all insurances, indemnities and guarantees required in

terms of the Conditions of Contract or bid where applicable. (iii) Compliance with all general conditions and requirements which are not

specifically measured elsewhere for payment in these Contract Documents.

The Contractor shall bid a lump sum for the abovementioned items.

Payment of the lump sum shall be made monthly in compliance with the method laid down in PSA 8.2.2.

The Contractor will not be paid Time-Related Preliminary and General charges for any Special Non-Working Days, as stipulated in the Appendix, which shall be deemed to have been allowed for in his rates.

The sum tendered shall include for the cost of providing and maintaining the special risks insurance stipulated in the appendix to the bid.”

PSA 8.4.2 Adjusted Payment for Time-Related Items

The payment to the Contractor for Time-Related Items shall be adjusted in accordance with the following formula in the event of the Contract being extended by means of a variation order:

108

Sum of tendered amounts for Time Related Items X Extension of Time authorised by variation order

Bid Contract period

For the purposes of applying this formula “Extension of Time” will exclude the Contractor’s December/January close-down period, if applicable.

The abovementioned adjustment of the payment for Time-Related Items shall be made in the Completion Payment Certificate and shall be the only payment for additional Time-Related costs irrespective of the actual period required to complete the Contract including its authorised extensions.

In the case of fixed price contracts, the amount by which the Time-Related Items is adjusted shall not be subject to the Contract Price Adjustment formula.

In the case of contracts subject to Contract Price Adjustment the amount by which the time-related items are adjusted shall be subject to the Contract Price Adjustment formula.

PSA 8.4.2.1 Facilities for Engineer

Replace the contents of sub clauses (b) to (d) with the following:

“(b) Telephone ............................................................... Unit: Provisional Sum (c) One Engineer's name board ....................................................... Unit: Sum (d) Survey labourers ..................................................... Unit: Labourer Month” The facilities provided shall comply with the applicable requirements of SABS 1200 AB and PSAB.

Payment for the provision of survey labourers will be made pro-rata the period the labourers are provided.

PSA 8.4.2.2 Facilities for Contractor

Notwithstanding the detail breakdown of items provided (items a to j), a single sum shall be tendered to cover all these items under the heading of “Facilities for Contractor”.

PSA 8.4.2.3 Replace the words “periods stated” in the second line of this sub clause with the

following:

“duration of construction as defined in PSA 8.1.2.1”. PSA 8.4.5 Other time related obligations including compliance with the OH&S Act and

Construction regulations

Add after the last paragraph:

“Certain items will be scheduled purely to draw the Contractors attention to them. They are not all encompassing and, do not relieve the Contractor from his obligation if not documented as a payment item.”

“PSA 8.4.6* Compensation in terms of Clause 41 of the General conditions of Contract for delays

incurred

(a) Plant ..................................................................... Unit: Sum per working day

109

(b) Labour .................................................................. Unit: Sum per working day (c) Supervision ............................................................ Unit: Sum per working day (d) Other services, facilities etc. not covered by (a), (b) and (c) ........................................................... Unit: Sum per working day

The sum tendered for each item shall cover the full and final standing cost per day of delaying the specified resource or facility and no additional compensation shall apply, notwithstanding any provisions to the contrary in the Contract documents, or in respect of any extension of time granted in relation to the circumstances described in sub clauses 45(3)(f), 57(1) and 57(2) of the General Conditions of Contract.

For the purposes of calculating the total delay, a working week shall be held to consist of five working days and a working day 9 hours.

Payment for the partial standing of any of the scheduled resources for a day or part thereof, or the standing of a complete resource for a part day, will be made pro-rata in proportion to an appropriate factor assessed by the Engineer. The amount by which compensation for delays is adjusted shall be subject to the Contract Price Adjustment formula as defined in the Conditions of Contract.

This payment item shall only apply to delays which in the opinion of the Engineer are due to the circumstances described in Clauses 41, and 47 of the General Conditions of Contract.

The cost of delays incurred for all other circumstances shall be treated as provided for in the General Conditions of Contract.

The provision of this clause shall in no way prejudice the right of either the Employer or the Contractor to determine the Contract in terms of the provisions of clause 47 of the General Conditions of Contract, as amended.

The Contractor shall take note that no payment will be considered for any additional cost incurred in protecting his plant and site establishment (refer PS 7.6), as well as for costs incurred in respect of damage to constructional plant and equipment.”

"PSA8.5.1* Provision for community facilitator(s) ............................................. Unit: Prov Sum

One or more community facilitator(s) will be allocated to the Contractor for the duration of the Contract. The facilitator(s) shall be paid at a rate as instructed by the Engineer. Payment for this/these person(s) shall be made on a fortnightly basis and no provision has been made for overheads, charges and profit on this item. Compensation for the aforementioned shall be deemed to be covered by the rate tendered for other time related obligations."

“PSA8.5.3* Overheads, charges, profit etc. on item PSA 8.5.2 ................Unit: %

The percentage tendered shall be paid to the Contractor on the actual amount paid to the training institute and shall cover the cost of all activities required including overhead charges and profits."

"PSA 8.5.4* Additional testing required by the Engineer.............Unit: Prov Sum

The provisional sum provided in the Schedule of Quantities is to cover the payment of the SANS registered soils Laboratory to conduct additional testing as required by the Engineer."

110

Add the following sub clause

"PSA 8.5.5* Overhead, charges, profit etc. on item 1.3.1 ..................... Unit: %

The percentage tendered shall be paid to the Contractor on the actual amount paid to the soils laboratory and shall cover the following:

• all costs involved in rectifying and arranging the tests with the laboratory.

• setting out the positions for the tests to be taken by the laboratory as indicated by the Engineer.

• making good all test holes with subbase.

• the cost of all overheads, charges and profits"

PSA 8.8.2 Accommodation of Traffic ..................................... Unit: Sum

A specific item has been included in the Schedule of Quantities to allow the Contractor to cover the costs of accommodating traffic whilst working in the roads at all times.

The sum shall cover the effect on the Contractor's programme, delay in the works, damage to or loss of a deviation, supply, erection and moving and re-erection of all necessary traffic signs, drums, barricades, the provision of flagmen and any other operation or equipment, plant or labour necessary for the duration of the Contract.

PSAB ENGINEERS OFFICE

PSAB 3 MATERIAL’S

PSAB 3.1 Name boards

Notwithstanding the provisions of this sub clause one engineer’s name board shall be provided. The name boards shall further comply as regards size, painting, decorating and detail with the drawing provided by the engineer.

PSAB 4: PLANT

• PSAB 4.1 Telephone

The engineers will use his own cellular and office telephones for this contract. Accounts for the use of the said telephones will be submitted to the Contractor for payment up to the maximum provisional sum allowed for in the schedule of quantities. Payment must be made within 14 days of the account being submitted.

PSAB 5: CONSTRUCTION

• PSAB 5.1 Name boards Replace the contents of this sub clause with the following:

“The engineer’s name boards shall be erected within 14 days of the commencement date of the contract and shall be place where ordered by the engineer. Any

111

damage to these boards shall be repaired within 14 days of a written instruction issued by the engineer. Further to the above, the Contractor will be allowed to erect no more than two of his own name boards in the area of the works. The position of these shall be agreed to by the engineer. No payment will be made for the supply, erection or maintenance of the contractor’s name boards and the engineers reserves the right to order the removal of the name boards if not properly maintained. The Contractors name boards shall be removed within seven days of the issue of the “certificate of completion”.

• PSAB 5.4 Telephone

Replace the last sentence of this sub clause “cost of the ……. employer” with the following:

The Contractor shall bear the cost of rental and all official calls made by the engineer or his representative for the duration of the contract, up to the maximum allowed for by the provisional sum under the contract”.

PSAB 8 MEASUREMENT AND PAYMENT Delete the contents of this clause. The appropriate measurement and payment clauses have been included under clause 8 of SABS 1200 A and PSA.

PSD EARTHWORKS

PSD 3 MATERIALS

PSD 3.1.2 Classes of excavation

Notwithstanding the provisions of this sub clause no distinction will be made between soft and intermediate excavation. All excavation, other than excavation in hard rock excavation, shall for measurement and payment purposes be classified as soft excavation.

PSD 5 CONSTRUCTION

PSD 5.1. Precautions

PSD 5.1.1.2 Safeguarding of excavations

Safeguarding of excavations will be the contractor’s full responsibility.

Replace the words "Machinery and Occupational Safety Act, 1983 (Act 6 of 1983)" with "Occupational Health and Safety Act of 1993 (Act 85 of 1993)" as amended, as well of those of the relevant road authorities and the South African Road Traffic Signs Manual.

The Contractor is to ensure that he, and his staff are fully aware, and understand the requirements of the Occupational Health and Safety Act of 1993 (Act 85 of 1993). The Contractor will fully adhere to all the set conditions and requirements of the Act at all times, and take full responsibility at all times to ensure compliance with them.

PSD 5.1.1.3 Explosives

No over break allowance shall apply.

112

PSD 5.1.2.4 Negligence

The applicable requirements of sub clause 5.4 of SABS 1200A shall apply.

PSD 5.1.6 Road traffic control

Traffic signs, barriers and flagmen will be required and shall be installed /placed as required. The requirements of sub clause PSA 5.11 will also apply.

PSD 5.2.1.2 Conservation of topsoil

Topsoil ordered to be conserved for later use shall be stockpiled in a manageable heap where designated by the Engineer.

Add the following to sub clause 5.2.1.2:

Topsoil shall not be stockpiled higher than 2,0m. Care shall be exercised to prevent the compaction of topsoil in any way especially by vehicles travelling over such material."

PSD 5.2.2.3 Disposal

No indiscriminate spoiling of material will be allowed.

All surplus or unsuitable material shall be spoiled at the designated tip site or on sites to be acquired by the Contractor. The sites shall nonetheless be subject to the approval of the Engineer and the Engineer reserves the right to designate alternate sites during the contract period (public open spaces or sports fields within or close adjacent to the site that require levelling off, etc.). Spoil sites shall be finished off as specified in sub clause 5.2.2.5 of SABS 1200 DM.

PSD 5.2.5.1 Free haul

Overhaul shall not be paid separately on this Contract and free haul shall be deemed to extend indefinitely.

PSD 8 MEASUREMENT AND PAYMENT

PSD 8.3.3 Restricted excavation

Replace the heading of sub clause 8.3.3(a) and the contents of the first two paragraphs with the following:

"PSD 8.3.3(a) Excavate for restricted foundations, footings, trenches, storm water drains and landscaping as if in soft material and use for backfill or dispose, as ordered....... ........................................................... …………………Unit: m3

Separate items will be scheduled for each category of excavation and for each class or manner of disposal of excavated material.

All restricted excavation will be measured by volume.

Delete sub clause 8.3.3(b)(1) as well as any reference to intermediate excavation in sub clause (b). For the purposes of measurement and payment, excavation other than hard rock excavation (Class A or Class B) will not be separately classified (refer PSD 3.1.2).

PSDB EARTHWORKS (PIPE TRENCHES)

113

PSDB 3 MATERIALS

PSDB 3.1 Classes of excavation


"The excavation of material will, for purposes of measurement and payment, be classified as specified in PSD 3.1.2."

PSDB 3.5 Backfill materials

Delete the contents of Clause 3.5(b) and replace with the following:

"Materials used in the reinstatement of trenches beneath or within a new roadway, up to underside of the road layers, shall be subbase quality material conforming to SABS 1200 ME compacted in 150mm layers to 93% Mod. AASHTO density. The area subject to loads from road traffic shall be held to apply for a width of 150mm beyond the shoulder break point."

PSDB 5 CONSTRUCTION PSDB 5.1.2.2 Special water hazards

The Contractor shall take note that no special water hazards are designated. The Contractor shall therefore deal with all water as specified in SABS 100 DB 5.1.2.1, including flow into trenches due to a high or perched water table and any overland sullage flow.

PSDB 5.4 Excavation

Add the following: "Trench excavations for road crossings shall, except where otherwise specified, be completed and satisfactorily backfilled before the construction of any subbase layer may commence.

The excavation of trenches across a concurrently constructed carriageway shall commence after the subgrade layer has been accepted. The pipe/duct shall be laid and the trench backfilled to the acceptable requirements, including density testing before the construction of the next layer may commence

Where trenches have to be excavated under this Contract adjacent to live services/other services laid under other contracts, it may be necessary to shore trenches to prevent damage to the live services/other services. It will be the responsibility of the Contractor to ensure that services constructed under other contracts of live services are not damaged by his operations during this Contract."

PSDB 5.6.2 Material for backfilling

Replace the last paragraph of this sub clause "In areas .... backfill" with the following:

114

"The material for backfilling in areas subject to road traffic loads shall comply with PSDB 3.5."

PSDB 5.6.3 Disposal of soft excavational material

The provision of PSD 5.2.2.3 shall apply

PSDB 5.6.6 Completion of backfilling

Add the following:

"If in the opinion of the Engineer insufficient progress is being made with the backfilling of trenches, the Engineer will be entitled to order that no further excavation takes place until the backfilling operation has caught up."

PSDB 8 MEASUREMENT AND PAYMENT

PSDB 8.1.1 Replace "along the route of the pipeline" in the third line of sub clause 8.1.1 with "as specified in PSDB 5.6.3".

PSDB 8.3.2 Excavation ................................................... Unit: m

Replace "in increments of 1,0m" in the first paragraph of sub clause(a) with "in increments of 0.5m"

Add the following to sub clause (a):

"The rate tendered shall also cover the cost of complying with PSDB 3.5, as well as the cost of any disruption or delay in complying with PSDB 5.4 and PSL 5.1.4.

Delete sub clause 8.3.2(b)(1) as well as any reference to intermediate excavation in sub clause (b). For the purposes of measurement and payment, excavation other than hard rock excavation will not be separately classified (refer PSDB 3.1).

"PSDB 8.3.2 (d)* Extra over 8.3.2(a) for hand excavation where ordered…. nit: m3

The rate tendered shall cover the additional cost, extra over that provided for under 8.3.2(a), for carrying out trench excavation by hand where ordered by the Engineer.

The volume shall be computed from the dimensions specified, shown on the drawings of ordered by the Engineer."

Note: Normal handwork required to clean and trim the sides and bottoms of mechanically excavated trenches will not qualify for payment in terms of this clause"

"PSDB 8.3.2 (e)* Extra over 8.3.2(a) for selective stockpiling of topsoil where ordered

• Unit: m3

The rate tendered shall cover the additional cost, extra over that provided for under 8.3.2(a), to selectively stockpile topsoil where ordered by the Engineer.

The volume shall be computed from the dimensions ordered by the Engineer."

PSDB 8.3.3.1 Deficiency in Backfill Material

Add the following to sub clause 8.3.3.1:

"(d): Trench fill ............................................... Unit: m3

115

For item (d) the rate tendered shall cover the cost of the supply and placing of the material as specified including the later removal of the top 40 mm.

Further for item (d) the volume will be computed from the length of trench falling within the area subject to road traffic loads, as applicable, and the width determined from the drawings and specifications, and the depth from road surface to top of selected fill blanket. Payment for this item will be additional to that for excavation covered by 8.3.2. and PSDB 8.3.2.

The rate shall cover the cost of temporary accommodation of traffic (including the signs and by-passes), arranging for safety of the public, excavation (including breaking up, removal and disposal of surplus material) and the subsequent reinstatement as specified in 5.9 and PSDB 5.9, and shall include the cost of delays and the cost of any risk of having to repair damage as specified in 5.10.

PSDB 8.3.3.3 Compaction in road reserves


"This item shall only apply to the compaction of materials in areas subject to road traffic loads as defined in PSDB 3.5.

The volume will be computed from the length of trench falling within the defined area, the width as shown on the drawings and the depth from the top of the bedding to the designated level of the underside of the required selected layer, finished verge level etc. as scheduled on the drawings. The rate tendered shall cover the cost of the additional compactive effort as specified.

Payment for this work will be additional to that covered by 8.3.2(a)."

PSDM EARTHWORKS (ROADS SUBGRADE) PSDM 3 MATERIALS

PSDM 3.1 Classification of Excavation

Clause PSD 3.1.2 will apply for this clause.

PSDM 3.2.3 Selected Layer

Replace the contents of sub clause (d) with the following:

" a maximum plasticity index (for natural material) of 3 x grading moduli + 10."

PSDM 5 CONSTRUCTION

PSDM 5.1.2 Accommodation of traffic

The requirements as sub clause 5.1.6 of SABS 1200D and PSD 5.1.6 shall apply regarding the control and temporary accommodation of traffic. Payment for the aforementioned will be effected in terms of PSD 8.3.12.

PSDM 5.2.2.2 Dimensions of cuts


116

"The dimensions of cuts shall be in accordance with the details of the typical cross-sections shown on the drawings and as such may be further amended by the Engineer during construction.

All cuts below the designated level of the bottom of the base shall be backfilled at the Contractor's cost, using material complying with sub clause 3.2.3 and PSDM 3.2.3 compacted to 93% of modified AASHTO maximum density."

PSDM 5.2.2.3 Use of material

Add after "borrow pits" in the second last line of sub clause (a), the words "or commercial sources".

PSDM 5.2.2.5 Disposal of surplus or unsuitable material

Add after "directed" in the second last of this sub clause "(refer PSD 5.2.2.3)'".

PSDM 5.2.3.3 Treatment of roadbed

Add the following to (a):

"Where road bed preparation takes place in sand, the in-situ sand layer is to be watered and compacted to 100% Mod. AASHTO density.

The surface of the in-situ sand layer is to be firm and smooth in order to receive the subsequent S.S.G. or sub base layer, as the case may be. To this end the Engineer may order that unnecessary construction traffic remain off the finished in-situ sand layer until the subsequent layer has been completed.

The depth of compaction shall be 150 mm. The final surface shall be within 10mm

up or down of the required level at any position on the road or within the parking

area"

PSDM 5.2.4.3 Finishing

Notwithstanding the provisions of this sub clause the requirements of PSDM 5.2.9

shall as applicable apply to the finishing off of verges.

PSDM 5.2.8.1 Free haul

The Contractor shall note that notwithstanding any provisions to the contrary, all

movement of cut and fill materials within the defined boundaries of the site will be

regarded as free haul.

"PSDM 5.2.11 *Requesting of Tests

Tests and inspections of the works will only be carried out by the Engineer once the appropriate test/inspection request forms have been fully completed. Test/inspection request forms can be obtained from the Engineer."

PSDM 8 MEASUREMENT AND PAYMENT

PSDM 8.3.4 Cut to fill, borrow to fill

Replace the first sentence of the payment clause "Cut to fill .... separately" with the following:

"Cut to fill and borrow to fill from commercial sources or borrow pits located by the Contractor will be scheduled separately."

117

Add the following:

"The rate tendered for borrow to fill from commercial sources or borrow pits located by the Contractor shall cover the cost of acquiring the material, any excavation and selection required, loading, transporting to point of use irrespective of distance and temporary stockpiling if necessary.

No differentiation will be made between the various areas to receive fill."

PSDM 8.3.7 Cut to spoil or stockpile from

Delete paragraph (b). In terms of PSD 3.1.2 intermediate excavation will not be separately measured for payment.

Add the following:

"The rate tendered shall further cover the cost of complying with the requirements of sub clause 5.2.3.2 irrespective of the depth or extent of the material ordered to be removed, or whether the order to remove unsuitable material is given after the completion of any initial cut operation."

PSDM 8.3.13 Surface finishes

Add the following:

(c)* Trim, shape and roll verge .................................. Unit: m'

Measurement shall be the surface area of the verge prepared in accordance with the requirements of PSDM 5.2.9. The rate tendered shall cover the cost of all things necessary to finish off the verge as specified, including the incorporation of material to make up for material lost due to weather or other reasons. (Cut and fill to bring verge to level payment under 8.3.4).

PSDM 8.3.17*Selected sub-grade layers

The rate shall cover the cost of locating material, complying with all precautions required, operating the borrow pits, excavation, basic selection, transporting, spreading, watering, compacting, final grading, complying with the tolerances, testing and borrow pit rehabilitation.

PSDM 8.3.18* BANK SLOPING Trim and shape face of road cuts..............................Unit: km

118

PSME SUBBASE PSME 3 MATERIALS PSME 3.2.2 Gravel shoulder and gravel wearing course material

Notwithstanding the provisions of ME 3.2.1, the gravel wearing course material shall comply with the following requirements:

• Maximum size 40 mm

• Oversize index 5% maximum

• CBR of more than 15% at 95 % mod AASHTO

• Plasticity Index: 6-20

PSME 8: MEASUREMENT AND PAYMENT PSME MEASUREMENT PSME 8.3.9 Overhaul Delete this sub clause and add the following: “No overhaul will be paid” PSME 8.3.10 Overburden Delete this sub clause and add the following: “No Overburden will be paid, to be

included

119

HEALTH AND SAFETY SPECIFICATIONS

120

PSS HEALTH AND SAFETY SPECIFICATION OCCUPATIONAL HEALTH AND SAFETY ACT Tender’s attention is drawn to the agreement to be entered into with the employer whereby the successful tender will accept liability for the implementation of the Occupational Health and Safety Act No. 85 of 1993 for the works to be undertaken in terms of this contract. See forms “Contractors Safety Obligation Document and Undertaking by Contractor” located at the end of this specification which must be completed by the Contractor and Employer after award of the Contract. CONTRACTORS SAFETY OBLIGATIONS DOCUMENT This document is to assist Contractors and SAKHISIZWE Local Municipality Management in controlling and supervising their work environment in order to minimise the probability of an incident, which could result in injury, accident, fire or loss. Every member of SAKHISIZWE Local Municipality has the authority and responsibility to report to Management any operation or deficiency, which contravenes the items listed in this document so that appropriate remedial action may be taken. NOTE: CONTRACTOR MUST SIGN AND RETURN THE ATTACHED UNDER TAKING [ANNEXURE I] BEFORE THE CONTRACT WILL BE ACCEPTED BY THE SAKHISIZWE LOCAL MUNICIPAL ITY. NON-COMPLIANCE WITH OUR CONDITIONS MAY ADVERSELY AFFECT FUTURE CONTRACTS. SERIOUS CASES O F NON-COMPLIANCE MAY LEAD TO IMMEDIATE EXPULSION SITE. The Principal Contractor must prepare a Health and Safety plan based on these specifications and return to Sakhisizwe Local Municipality for approval prior to consideration of the tender. Management of the Sakhisizwe Local Municipality and the Contractor agree that the conditions set out in the annexed schedule “Instructions to Contractors” shall form part of this contract, and that they are bound by such conditions which take precedence over any other conflicting conditions in this contract. The Contractor undertakes to inform his employees who carry out work for the Sakhisizwe Local Municipality of their obligations in terms thereof. The Contractor shall require a copy of the instructions to be signed by the person immediately responsible for his employees carrying out such work.

The Health and Safety plan is required in terms of the Occupational Health and Safety Act 85/93 and Regulations as amended and in particular the Construction Regulations 2003. The attached specs are generic to Construction work and not project specific. A Risk Assessment need to be undertaken to determine project specific Safety Specifications. NSTRUCTIONS TO CONTRACTORS

• Definitions

1. In these regulations, any word or expression to which a meaning has been assigned in the Act shall have the

meaning so assigned and, unless the context otherwise indicates:

“agent” means any person who acts as a representative for a client in managing the overall construction work.

“angle of repose” means the steepest angle of a surface at which a mass of loose or fragmented material will remain stationary in a pile on a surface, rather than sliding or crumbling away;

“batch plant” means machinery, appliances or other similar device s that are assembled in such a manner so as to be able to mix materials in bulk for the p urposes of using the mixed product for construction work;

“client” means any person for whom construction work is performed;

“competent person” in relation to construction work, means any person having the knowledge, training and experience specific to the work or task being performed: Provided that where appropriate qualifications and training are registered in terms of the provisions of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995), these qualifications and training shall be deemed to be the required qualifications and training; “construction work” means any work in connection with: (a) The erection, maintenance, alteration, renovation, repair, demolition or dismantling of or addition to a building or any similar structure;

121

(b) the installation, erection, dismantling or maintenance of a fixed plant where such work includes the risk of a person falling; (c) the construction, maintenance, demolition or dismantling of any bridge, dam, canal, road, railway, runway, sewer or water reticulation system or any similar civil engineering structure; or (d) the moving of earth, clearing of land, the making of an excavation, piling, or any similar type of work; “construction vehicle” means a vehicle used for means of conveyance for t ransporting persons or material or both such persons and material, as the case may be, both on and off the construction site for the purposes of performing construction work; “contractor” means an employer, as defined in section 1 of the A ct, who performs construction work and includes principal contractors; “design” in relation to any structure includes drawings, ca lculations, design details and specifications; “designer” means any person who: (a) prepares a design; (b) checks and approves a design; (c) arranges for any person at work under his contr ol (including an employee of his, where he is the

employer) to prepare a design, as well as; (d) architects and engineers contributing to, or ha ving overall responsibility for the design; (e) build services engineers designing details for fixed plant; (f) surveyors specifying articles or drawing up spe cifications; (g) contractors carrying out design work as part of a design and build project; (h) temporary works engineer designing formwork and false work; and (i) interior designers, shop-fitters and landscape architects. “ergonomics” means the application of scientific information co ncerning humans to the design of objects, systems and the environment for human use in order to optimise human well-being and overall system performance; “excavation work” means the making of any man-made cavity, trench, pit or depression formed by cutting, digging or scooping;

“explosive powered tool” means a tool that is activated by an explosive charge and that is used for driving bolts, nails and similar objects for the purpose of providing fixing; “fall prevention equipment” means equipment used to prevent persons from falling from an elevated position, including personal equipment, body harness, body belts, lanyards, lifelines or physical equipment, guardrails, screens, barricades, anchorages or similar equipment; “fall arrest equipment” means equipment used to arrest the person in a fall from an elevated position, including personal equipment, body harness, lanyards, deceleration devices, lifelines or similar equipment, but excludes body belts;

“fall protection plan” means a documented plan, of all risks relating to working from an elevated position, considering the nature of work undertaken, and setting out the procedures and methods to be applied in order to eliminate the risk; “hazard identification” means the identification and documenting of existing or expected hazards to the health and safety of persons, which are normally associated with the type of construction work being executed or to be executed; “health and safety file” means a file, or other record in permanent form, containing the information required as contemplated in these regulations; “health and safety plan” means a documented plan which addresses hazards identified and includes safe work procedures to mitigate, reduce or control the hazards identified; “health and safety specification” means a documented specification of all health and safety requirements pertaining to the associated works on a construction site, so as to ensure the health and safety of persons;

122

“material hoist” means a hoist used to lower or raise material and equipment, and includes cantilevered platform hoists, mobile hoists, friction drive hoists, scaffold hoists, rack and pinion hoists and combination hoists; “medical certificate of fitness” means a certificate valid for one year issued by an occupational health practitioner, issued in terms of these regulations, whom shall be registered with the Health Professions Council of South Africa;

“method statement” means a written document detailing the key activities to be performed in order to reduce as reasonably as practicable the hazards identified in any risk assessment; “mobile plant” means machinery, appliances or other similar devic es that is able to move independently, for the purpose of performing construction work on the construction site; “National Building Regulations" means the National Building Regulations made under section 17(1) of the National Building Regulations and Building Standards Act, 1977 (Act No.103 of 1977), and published under Government Notice No. R.1081 of 10 June 1988, as amended; “person day” means one individual carrying out construction work on a construction site for one normal working shift; “Plant” includes fixtures, fittings, implements, equipment, tools and appliances, and anything which is used for any purpose in connection with such plant. “Premises” includes any building, vehicle, vessel, train or aircraft.

“principal contractor” means an employer, as defined in section 1 of the Act who performs construction work and is appointed by the client to be in overall control and management of a part of or the whole of a construction site; “professional engineer or professional certificated engineer” means any person holding registration as either a Professional Engineer or Professional Certificated Engineer under the Engineering Profession Act, 2000 (Act No. 46 of 2000); “professional technologist” means any person holding registration as a Professional Technologist under the Engineering Profession Act, 2000 (Act No. 46 of 2000); “provincial director” means the provincial director as defined in regulation 1 of the General Administrative Regulations under the Act; “risk assessment” means a programme to determine any risk associated with any hazard at a construction site, in order to identify the steps needed to be taken to remove, reduce or control such hazard; “roof apex height” means the dimensional height in metres measured from the lowest ground level abutting any part of a building to the highest point of the roof; “SABS 085” means the South African Bureau of Standards’ Code of Practice entitled “The Design, Erection, Use and Inspection of Access Scaffolding”; “SABS 0400” means the South African Bureau of Standards, Code of Practice for the application of the National Building Regulations; “SABS EN 1808” means the South African Bureau of Standards’ Standard Specification entitled: “Safety requirements on suspended access equipment – Design calculations, stability criteria, construction-tests”; “SABS 1903” means the South African Bureau of Standards’ Standard Front-end Specification entitled: “Safety requirements on suspended access equipment – Design calculations, stability criteria, construction-tests”; "scaffold" means any temporary elevated platform and supporting structure used for providing access to and supporting workmen or materials or both; “shoring” means a structure such as a hydraulic, mechanical or timber/steel shoring system that supports the sides of an excavation and which is intended to prevent the cave-in or the collapse of the sides of an excavation, and “shoring system” has a corresponding meaning; “structure” means: (a) any building, steel or reinforced concrete structure (not being a building), railway line or siding, bridge,

waterworks, reservoir, pipe or pipeline, cable, sewer, sewage works, fixed vessels, road, drainage works, earthworks, dam, wall, mast, tower, tower crane, batching plants, pylon, surface and underground tanks, earth retaining structure or any structure designed to preserve or alter any natural feature, and any other similar structure;

123

(b) any formwork, false work, scaffold or other structure designed or used to provide support or means of

access during construction work; or (c) any fixed plant in respect of work which includes the installation, commissioning, decommissioning or

dismantling and where any such work involves a risk of a person falling two metres or more; “suspended platform” means a working platform suspended from supports by means of one or more separate ropes from each support; “the Act” means the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993); “tunnelling” means the construction of any tunnel beneath the natural surface of the earth for a purpose other than the searching for or winning of a mineral; CSS.1 Accidents / Occupational Disease

Incidents or occupational disease relative to the contract must be reported by the Principal Contractor to the Department of Labour as required by the OH&S Act 85 of 1993 . General Administrative Regulation 8. A copy of all such reports must be made available to SAKHISIZWE District Municipality. The Principal Contractor is expected to co-operate fully in this regard.

CSS.2 Accommodation

Where facilities are available, the Sakhisizwe Local Municipality or relevant Local Authority will provide suitable sanitary, washing and changing facilities as well as space for materials storage. The Principal Contractor must keep these areas clean and tidy. However, where these facilities are not available, the Principal Contractor must provide his own facilities by fencing, partitioning or some other means. (See CSS.10)

CSS.3 Advice Regarding Safety Requirements

The Sakhisizwe Local Municipality or relevant Local Authority staff will assist Contractors in any practical way possible to facilitate the safe execution of the work involved in the mutual interest of both parties.

CSS.4 Atmospheric Conditions

Work shall not be carried out in any tank, vessel, chamber, manhole or other enclosed or partially enclosed space or area in which dangerous fumes, toxic flammable gasses or oxygen deficiencies might be present. The requirements of General Safety Regulation 5 of the OH&S Act of 1993 shall be complied with at all times.

• CSS.5Batch plants (1) A contractor shall ensure that all batch plants are operated and supervised by a competent person who

has been appointed in writing. (2) A contractor shall ensure that the placement and erection of a batch plant complies with the requirements

set out by the manufacturer and that such plant is erected as designed. (3) A contractor shall ensure that all devices to s tart and stop a batch plant are provided and that

these devices are:

(a) placed in an easily accessible position; and (b) Constructed in such a manner as to prevent acci dental starting.

(4) The contractor shall ensure that the machinery and plant selected is suitable for the task and th at

all dangerous moving parts of a mixer are placed be yond the reach of persons by means of doors, covers or other similar means.

(5) No person shall be permitted to remove or modif y any guard or safety equipment relating to a batch

plant, unless authorised to do so by the appointed person as contemplated in sub-regulation (1).

(6) A contractor shall ensure that all persons auth orised to operate the batch plant are fully:

(a) aware of all the dangers involved in the operat ion thereof; and (b) conversant with the precautionary measures to b e taken in the interest of health and safety.

124

(7) No person supervising or operating a batch plant shall authorize any other person to operate the

plant, unless such person is competent to operate such machinery.

(8) A contractor shall ensure that all precautionary measures as stipulated for confined spaces in the

General Safety Regulations promulgated by Government Notice No. R1031 dated 30 May 1986, as

amended, are adhered to when entering any confined space.

(9) A contractor shall ensure that a record is kept of any repairs or maintenance to a batch plant and that it is made available, on site, to an inspector, client, client’s agent or employee upon request.

(10) A contractor shall ensure that all lifting machines and lifting tackle used in the operation of a batch plant complies with the requirements of the Driven Machinery Regulations promulgated by Government Notice No. R295 dated 26 February 1988, as amended;

(11) A contractor shall ensure that all precautionary measures are adhered to regarding the usage of electrical equipment in explosive atmospheres, when entering a silo, as contemplated in the Electrical Installation Regulations promulgated by Government Notice No. R2920 dated 23 October 1992, as amended.

• CSS.6 Boatswain’s chairs

(1) A contractor shall ensure that every boatswain’s chair or similar device is securely suspended and is constructed in such a manner so as to prevent any occupant from falling there from.

(2) The contractor shall ensure that an inspection is carried out prior and a performance test

immediately after, the boatswain chair has been erected and thereafter a visual inspection should be carried out on a daily basis prior to use.

CSS.7 Commissioning

Commissioning of any works undertaken by Contractors must only be done in consultation with Sakhisizwe Local Municipality or relevant Local Authority.

CSS.8 Compressed Gas Cylinders (Vessels under pressure Regulations)

Contractors shall: 1 make adequate arrangements for the safe custody of cylinders in their possession, whether

owned or hired or used under any other arrangement. 2 not store cylinders close to ignition sources. 3 take note of the precautions specified by the producer of the stored gas. 4 comply with the requirements for safe usage, handling, storage and transportation on and off

the site. CSS.9 Confined Space Entry (General Safety Regulations 5) No person may commence any inspection or work in any confined space such as a drain, sump,

vessel, tank or any similar equipment or condition without written authorization (See Work Permits (CSS.66)) No person may enter any drain, sump, vessel, tank or any similar

equipment or condition unless the power source and piped services have been locked out and secured. (See Lock Out(CSS.16) and Atmospheric Conditions (CSS.4))

• CSS.10Construction Welfare Facilities

(1) Notwithstanding the construction site provisions contained in the Facilities Regulations promulgated by Government Notice No. R. 2362 of 5 October 1990, as amended, a contractor shall, depending on the number of workers and the duration of the work, provide at or within reasonable access of every construction site, the following clean and maintained facilities:

(a) at least one shower facility for every 15 workers; (b) at least one sanitary facility for every 30 wor kers;

125

(c) changing facilities for each sex; and (d) sheltered eating areas.

(2) A contractor shall provide reasonable and suita ble living accommodation for the workers at construction sites which are remote from their homes and where adequate transportation between the site and their homes, or other suitable living accommodation, is not available.

CSS.11Control of Unsafe Acts and Behaviour

The Contractor must ensure that all staff, which they bring onto the premises, are briefed and controlled in order to work in a safe and tidy manner, and in compliance with the OH&S Act 85/93, (Section 14) and these safety specifications.

CSS.12 Cranes

Notwithstanding the provisions of the Driven Machin ery Regulations promulgated by Government Notice No.R.295 of 26 February 1988, as amended, a contractor shall ensure that where tower cranes are used:

(a) account is taken of the effects of wind forces on the structure; (b) account is taken of the bearing capacity of the ground on which the tower crane is to stand; (c) the bases for the tower cranes and tracks for rail-mounted tower cranes are firm and level; (d) the tower cranes are erected at a safe distance from excavations; (e) there is sufficient clear space available for erection, operation and dismantling; (f) the tower crane operators are competent to carry out the work safely; and (g) the tower crane operators are physically and psychologically fit to work in such an

environment by being in possession of a medical certificate of fitness.

• CSS.13 Construction Vehicles and Mobile plant

(1) A contractor shall ensure that all construction vehicles and mobile plants: (a) ___ are of an acceptable design and construction; (b) ___ are maintained in a good working order; (c) ___ are used in accordance with their design and the intention for which they were designed,

having due regard to safety and health; (d) ___ are operated by workers who: (h) _ have received appropriate training and been certified competent and been authorised to

operate such machinery; and (ii) are physically and psychologically fit to operate such construction vehicles and mobile plant by being in possession of a medical certificate of fitness;

(e) __ have safe and suitable means of access; (f) __ are properly organised and controlled in any work situation by providing adequate signalling

or other control arrangements to guard against the dangers relating to the movement of vehicles and plant, in order to ensure their continued safe operation;

(g) are prevented from falling into excavations, water or any other area lower than the

working surface by installing adequate edge protection, which may include guardrails and crash barriers;

(h) where appropriate, are fitted with structures designed to protect the operator from

falling material or from being crushed should the vehicle or mobile plant overturn; (i) are equipped with an electrically operated acoustic signalling device and a reversing

alarm; and

126

(j) are on a daily basis inspected prior to use, by a competent person who has been appointed in writing and the findings of such inspection is recorded in a register.

(2) A Contractor shall furthermore ensure that:

(a) no person rides or is required or permitted to ride on any construction vehicle or mobile plant otherwise than in a safe place provided thereon for that purpose;

(b) every construction site is organised in such a way that, as far as is reasonably

practicable, pedestrians and vehicles can move safely and without risks to health; (c) the traffic routes are suitable for the persons using them, sufficient in number, in

suitable positions and of sufficient size; (d) every traffic route is, where necessary indicated by suitable signs for reasons of

health or safety; (e) all construction vehicles and mobile plant left unattended at night, adjacent to a

freeway in normal use or adjacent to construction areas where work is in progress, shall have appropriate lights or reflectors, or barricades equipped with appropriate lights or reflectors, in order to identify the location of the vehicles or plant;

(f) bulldozers, scrapers, loaders, and other similar mobile plant are, when being

repaired or when not in use, fully lowered or blocked with controls in a neutral position, motors stopped and brakes set;

(g) whenever visibility conditions warrant additional lighting, all mobile plant is equipped

with at least two headlights and two taillights when in operation; (h) tools and material are secured in order to prevent movement when transported in the

same compartment with employees; (i) vehicles used to transport employees have seats firmly secured and adequate for

the number of employees to be carried; and

(a) when workers are working on or adjacent to public roads, reflective indicators are provided and worn by the workers.

CSS.12 Demolition work

(1) A contractor shall appoint a competent person in writing to supervise and control all demolition work on site.

(2) A contractor shall ensure that prior to any demolition work being carried out, and in order

also to ascertain the method of demolition to be used, a detailed structural engineering survey of the structure to be demolished is carried out by a competent person and that a method statement on the procedure to be followed in demolishing the structure is developed.

(3) During the demolition, a competent person shall check the structural integrity of the structure

at intervals determined in the method statement contemplated in sub-regulation (2), in order to avoid any premature collapses.

(4) Every contractor who performs demolition work shall:

(a) with regard to a structure being demolished, take steps to ensure that:

(i) A contractor shall ensure that prior to any demolition work being carried out,

and in order also to ascertain the method of demolition to be used, a detailed structural engineering survey of the structure to be demolished is carried out by a competent person and that a method statement on the procedure to be followed in demolishing the structure is developed.

(ii) all reasonably practicable precautions are taken to avoid the danger of the

structure collapsing when any part of the framing of a framed or partly framed building is removed, or when reinforced concrete is cut; and

(iii) precautions are taken in the form of adequate shoring or such other means as

may be necessary to prevent the accidental collapse of any part of the structure or adjoining structure;

127

(b) not require or permit any person to work under unsupported overhanging material, which has not been adequately supported, shored or braced;

(c) take steps to ensure that any support, shoring or bracing contemplated in

paragraph (b), is designed and constructed so that it is strong enough to support the overhanging material;

(d) where the stability of an adjoining building, structure or road is likely to be affected

by demolition work on a structure, take such steps as may be necessary to ensure the stability of such structure or road and the safety of persons;

(e) ascertain as far as is reasonably practicable the location and nature of electricity,

water, gas or other similar services which may in anyway, be affected by the work to be performed, and shall before the commencement of demolition work that may affect any such service, take the steps that may be necessary to render circumstances safe for all persons involved;

(f) cause every stairwell used and every floor where work is being performed in a

building being demolished, to be adequately illuminated by either natural or artificial

means;

(g) cause convenient and safe means of access to be provided to every part of the demolition site in which persons are required to work; and

(h) erect a catch platform or net above an entrance or passageway or above a place

where persons work or pass under, or fence off the danger area if work is being performed above such entrance, passageway, or place so as to ensure that all persons are kept safe where there is a danger or possibility of persons being struck by falling objects.

(5) A contractor shall ensure that no material is dropped to any point, which falls outside the

exterior walls of the structure, unless the area is effectively protected. (6) Waste and debris shall not be disposed from a high place by a chute unless the chute:

(a) is adequately constructed and rigidly fastened; (b) if inclined at an angle of more than 45 degrees to the horizontal, is enclosed on its

four sides; (c) if of the open type, is inclined at an angle of less than 45 degrees to the horizontal; (d) where necessary, is fitted with a gate at the bottom end to control the flow of

material; and (e) is discharged into a container or an enclosed area surrounded by barriers.

(7) A contractor shall ensure that every chute used to dispose of rubble is designed in such a

manner that rubble does not free-fall and that the chute is strong enough to withstand the force of the debris travelling along the chute.

(8) A contractor shall ensure that equipment is not used on floors or working surfaces, unless

such floors or surfaces are of sufficient strength to support the imposed loads. (9) Where the risk assessment indicates the presence of asbestos, a contractor shall ensure

that all asbestos related work is conducted in accordance with the provisions of the, Asbestos Regulations promulgated by Government Notice No. R.155 of 10 February 2002, as amended.

(10) Where the risk assessment indicates the presence of lead, a contractor shall ensure that all

lead related work is conducted in accordance with the provisions of the, Lead Regulations promulgated by Government Notice No. R.236 of 28 February 2002, as amended.

(11) Where the demolition work involves the use of explosives, a method statement is to be

developed in accordance with the applicable explosives legislation, by an appointed person who is competent in the use of explosives for demolition work and the procedures therein are adhered to.

128

(12) A contractor shall ensure that all waste and debris is as soon as reasonably practicable removed and disposed of from the site in accordance with the applicable legislation.

CSS.14 Electrical installations and machinery on const ruction sites

Notwithstanding the provisions contained in the Electrical Installation Regulations promulgated by Government Notice No.R.2920 of 23 October 1992 and the Electrical Machinery Regulations promulgated by Government Notice No. R.1593 of 12 August 1988, respectively, as amended, a contractor shall ensure that:

(1) before construction commences and during the progress thereof, adequate steps are taken

to ascertain the presence of and guard against danger to workers from any electrical cable or apparatus which is under, over or on the site;

(2) all parts of electrical installations and machinery are of adequate strength to withstand the

working conditions on construction sites;

(3) in working areas where the exact location of underground electric power lines is unknown, employees using jackhammers, shovels or other hand tools which may make contact with a power line, are provided with insulated protective gloves or otherwise that the handle of the tool being used is insulated;

(4) all temporary electrical installations are inspected at least once a week and electrical

machinery on a daily basis before use on a construction site by competent persons and the records of these inspections are recorded in a register to be kept on site; and

(5) the control of all temporary electrical installations on the construction site is designated to a

competent person who has been appointed in writing.

CSS.15 Electrical Equipment (Hand Tools) (E.M.R. 9 + 10)

Portable earth leakage units to be used where earth leakage protection is not provided for in the mains supply. All electrical leads are to be in sound condition with no damaged or broken insulation. Plugs and sockets must not be cracked or broken. Polarity must be correct.

CSS.16 Electrical / Mechanical Lock Out (General Machi nery Regulations6)

No person may commence any work on any equipment unless the power source and all piped services have been mechanically locked out under control and written approval of the Supervising Official, with a padlock and the key to each of the padlocks used for this purpose to be held in safe custody by the Contractors RESPONSIBLE PERSON. Appropriate “Lock Out” signs are to be displayed at “Lock Out” points.

• CSS.17 Excavation work

(1) A contractor shall ensure that all excavation work is carried out under the supervision of a

competent person who has been appointed in writing.

(2) A contractor shall evaluate, as far as is reasonably practicable, the stability of the ground before excavation work begins.

(3) Every contractor who performs excavation work shall:

(a) take suitable and sufficient steps in order to prevent, as far as is reasonably

practicable, any person from being buried or trapped by a fall or dislodgement of material in an excavation;

(b) not require or permit any person to work in an excavation which has not been adequately shored or braced: Provided that shoring and bracing may not be necessary where:

(i) the sides of the excavation are sloped to at least the maximum angle of

repose measured relative to the horizontal plane; or

(ii) such an excavation is in stable material: Provided that:

(aa) permission being given in writing by the appointed competent person contemplated in sub-regulation (1) upon evaluation by him or her of the site conditions; and

(bb) where any uncertainty pertaining to the stability of the soil still exists,

the decision from a professional engineer or a professional

129

technologist competent in excavations shall be decisive and such a decision shall be noted in writing and signed by both the competent person contemplated in sub-regulation (1) and the professional engineer or technologist, as the case may be;

(c) take steps to ensure that the shoring or bracing contemplated in paragraph (b) is

designed and constructed in such a manner rendering it strong enough to support the sides of the excavation in question;

(d) ensure that no load, material, plant or equipment is placed or moved near the edge

of any excavation where it is likely to cause its collapse and thereby endangering the safety of, any person, unless precautions such as the provision of sufficient and suitable shoring or bracing are taken to prevent the sides from collapsing;

(e) ensure that where the stability of an adjoining building, structure or road is likely to

be affected by the making of an excavation, the steps are taken that may be necessary to ensure the stability of such building, structure or road and the safety of persons;

(f) cause convenient and safe means of access to be provided to every excavation in

which persons are required to work and such access shall not be further than 6m from the point where any worker within the excavation is working;

(g) ascertain as far as is reasonably practicable the location and nature of electricity,

water, gas or other similar services which may in any way be affected by the work to be performed, and shall before the commencement of excavation work that may affect any such service, take the steps that may be necessary to render the circumstances safe for all persons involved;

(h) cause every excavation, including all bracing and shoring, to be inspected:

(i) daily, prior to each shift; (ii) after every blasting operation; (iii) after an unexpected fall of ground; (iv) after substantial damage to supports; and (v) after rain,

by the competent person contemplated in sub-regulation (1), in order to pronounce the safety of the excavation to ensure the safety of persons, and those results are to be recorded in a register kept on site and made available to an inspector, client, client’s agent, contractor or employee upon request;

(i) cause every excavation which is accessible to the public or which is adjacent to

public roads or thoroughfares, or whereby the safety of persons may be endangered, to be:

(i) adequately protected by a barrier or fence of at least one metre in height and

as close to the excavation as is practicable; and

(ii) provided with warning illuminants or any other clearly visible boundary indicators at night or when visibility is poor;

(j) ensure that all precautionary measures as stipulated for confined spaces as determined in the General Safety Regulations promulgated by Government Notice No.R.1031 of 30 May 1986, as amended, are complied with when entering any excavation;

(k) ensure that, where the excavation work involves the use of explosives, a method

statement is developed in accordance with the applicable explosives legislation, by an appointed person who is competent in the use of explosives for excavation work and that the procedures therein are followed; and

(l) cause warning signs to be positioned next to an excavation within which persons are

working or carrying out inspections or tests.

All air-operated jackhammers are to be securely bonded to the earth system by means of a flexible lead. Suitable provision is to be made for jumper connections to the earthing system to prevent electrical shock to operators in the event of striking underground cables during excavation work, etc.

130

• CSS.18 Explosive Powered Tools

(1) No contractor shall use or permit any person to use an explosive powered tool, unless:

(a) it is provided with a protective guard around the muzzle end, which effectively

confines any flying fragments or particles; and

(b) the firing mechanism is so designed that the explosive powered tool will not function unless:

(i) it is held against the surface with a force of at least twice its weight; and

(ii) the angle of inclination of the barrel to the work surface is not more than 15

degrees from a right angle:

Provided that the provisions of this sub-regulation shall not apply to explosive powered tools in which the energy of the cartridge is transmitted to the bolts, nails or similar relevant objects by means of an intermediate piston which has a limited distance of travel.

(2) A contractor shall ensure that:

(a) only cartridges suited for the explosive powered tool and the work to be performed

are used;

(b) the explosive powered tool is cleaned and examined daily before use and as often as may be necessary for its safe operation by a competent person who has been appointed;

(c) that the safety devices are in proper working order prior to use;

(d) when not in use, the explosive powered tool and the cartridges are locked up in a

safe place, which is inaccessible to unauthorised persons;

(e) the explosive powered tool is not stored in a loaded condition;

(f) a warning notice is displayed in a conspicuous manner wherever the explosive powered tool is used;

(g) the issuing and collection of cartridges and nails or studs is-

(i) controlled and done in writing by a person having been appointed in writing;

and

(ii) recorded in a register and that the recipient has accordingly signed for the receipt thereof as well as the returning of any spent and unspent cartridges;

(3) No contractor shall permit or require any person to use an explosive powered tool unless

such person has been:

(a) provided with and uses suitable protective equipment; and

(b) trained in the operation, maintenance and use of such a tool. • CSS.19 Fire precautions on Construction sites

Subject to the provisions of the Environmental Regulations for Workplaces promulgated by Government Notice No.R.2281 of 16 October 1987, as amended, every contractor shall ensure that:

(a) all appropriate measures are taken to avoid the risk of fire;

(b) sufficient and suitable storage is provided for flammable liquids, solids and gases;

(c) smoking is prohibited and notices in this regard are prominently displayed in all

places containing readily combustible or flammable materials;

(d) in confined spaces and other places in which flammable gases, vapours or dust can cause danger:

(i) only suitably protected electrical installations and equipment, including

portable lights, are used;

131

(ii) there are no flames or similar means of ignition;

(iii) there are conspicuous notices prohibiting smoking;

(iv) oily rags, waste and other substances liable to ignite are without delay

removed to a safe place; and

(v) adequate ventilation is provided;

(e) combustible materials do not accumulate on the construction site;

(f) welding, flame cutting and other hot work are done only after the appropriate precautions as required have been taken to reduce the risk of fire;

(g) suitable and sufficient fire-extinguishing equipment is placed at strategic locations or

as may be recommended by the Fire Chief or local authority concerned, and that such equipment is maintained in a good working order;

(h) the fire equipment contemplated in paragraph (g) is inspected by a competent

person, who has been appointed in writing, in the manner indicated by the manufacturer thereof;

(i) a sufficient number of workers are trained in the use of fire-extinguishing equipment;

(j) where appropriate, suitable visual signs are provided to clearly indicate the escape

routes in the case of a fire;

(k) the means of escape is kept clear at all times;

(l) there is an effective evacuation plan providing for all:

(i) persons to be evacuated speedily without panic;

(ii) persons to be accounted for, and

(iii) plant and processes to be shut down; and

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

• CSS.20 Flammable liquids on Construction sites: use a nd temporary storage.

Notwithstanding the provisions for the use and storage of flammable liquids as determined in the General Safety Regulations promulgated by Government Notice No. R1031 dated 30 May 1986, as amended, a contractor shall ensure that:

(a) where flammable liquids are being used, applied or stored at the workplace

concerned, this is done in such a manner which would cause no fire or explosion hazard, and that the workplace is effectively ventilated: Provided that where the workplace cannot effectively be ventilated:

(i) every employee involved is provided with a respirator, mask or breathing

apparatus of a type approved by the chief inspector, and

(ii) steps are taken to ensure that every such employee, while using or applying flammable liquid, uses the apparatus supplied to him or her;

(b) no person smokes in any place in which flammable liquid is used or stored, and such

contractor shall affix a suitable and conspicuous notice at all entrances to any such areas prohibiting such smoking;

(c) flammable liquids on a construction site is stored in a well ventilated reasonably fire

resistant container, cage or room and kept locked with proper access control measures in place;

(d) an adequate amount of efficient fire-fighting equipment is installed in suitable

locations around the flammable liquids store with the recognised symbolic signs;

(e) only the quantity of flammable liquid needed for work on one day is to be taken out of the store for use;

132

(f) all containers holding flammable liquids are kept tightly closed when not in actual

use and, after their contents have been used up, to be removed from the construction site and safely disposed of;

(g) where flammable liquids are decanted, the metal containers are bonded or earthed;

and

(h) no flammable material such as cotton waste, paper, cleaning rags or similar material is stored together with flammable liquids.

CSS.21 First Aid (General Safety Regulations 3)

The Contractor shall provide suitable first aid treatment facilities. Should these prove to be inadequate e.g. in the event of a serious injury, the relevant registered emergency services are to be utilized.

• CSS.22 Fall protection

(1) A contractor shall cause:

(a) the designation of a competent person, responsible for the preparation of a fall protection plan;

(b) the fall protection plan contemplated in (a) to be implemented, amended where and

when necessary and maintained as required;

(c) steps to be taken in order to ensure the continued adherence to the fall protection plan.

(2) The fall protection plan contemplated in sub-regulation (1), shall include:

(a) a risk assessment of all work carried out from an elevated position which shall

include the procedures and methods used to address all the risks identified per location;

(b) the processes for evaluation of the employees physical and psychological fitness

necessary to work at elevated positions and the records thereof;

(c) the programme for the training of employees working from elevated positions and records thereof; and

(d) the procedure addressing the inspection, testing and maintenance of all fall

protection equipment.

(3) A contractor shall ensure that the construction supervisor appointed in terms of regulation 6(1), is in possession of the most recently updated version of the fall protection plan.

(4) Notwithstanding the provisions of sub-regulations (1) and (2), the contractor shall ensure that:

(a) all unprotected openings in floors, edges, slabs, hatchways and stairways are

adequately guarded, fenced or barricaded or that similar means are used to safeguard any person from falling through such openings;

(b) no person works in an elevated position, unless such work is performed safely as if

working from a scaffold or ladder;

(c) notices are conspicuously placed at all openings where the possibility exists that a person might fall through such openings;

(d) fall prevention and fall arrest equipment is:

(i) suitable and of sufficient strength for the purpose or purposes for which it is being used having regard to the work being carried out and the load, including any person, it is intended to bear; and

133

(ii) securely attached to a structure or plant and the structure or plant and the means of attachment thereto is suitable and of sufficient strength and stability for the purpose of safely supporting the equipment and any person who is liable to fall;

(e) fall arrest equipment shall only be used where it is not reasonably practicable to use fall prevention equipment; and

(f) suitable and sufficient steps shall be taken to ensure, as far as is reasonably practicable, that in the event of a fall by any person, the fall arrest equipment or the surrounding environment does not cause injury to the person.

(5) Where roof work is being performed on a construction site, the contractor shall ensure that in addition to the requirements set out in sub-regulations (2) and (4), it is furthermore indicated in the fall protection plan:

(a) that the roof work has been properly planned;

(b) that the roof erectors are competent to carry out the work;

(c) that no employees are permitted to work on roofs during inclement weather

conditions or if weather conditions are a hazard to the health and safety of the employees;

(d) that prominent warning notices are to be placed where all covers to openings are not

of sufficient strength to withstand any imposed loads and where fragile material exists;

(e) that the areas mentioned in paragraph (d) are to be barricaded off to prevent

persons from entering;

(f) that suitable and sufficient platforms, coverings or other similar means of support have been provided to be used in such a way that the weight of any person passing across or working on or from fragile material is supported; and

(g) that there is suitable and sufficient guard-rails or barriers and toe-boards or other

similar means of protection to prevent, so far as is reasonably practicable, the fall of any person, material or equipment.

• CSS.23 Formwork and support work

A contractor shall ensure that:

(a) all formwork and support work operations are carried out under the supervision of a competent person who has been appointed in writing for that purpose;

(b) all formwork and support work structures are adequately designed, erected,

supported, braced and maintained so that they will be capable of supporting all anticipated vertical and lateral loads that may be applied to them and also that no loads are imposed onto the structure that the structure is not designed to withstand;

(c) the designs of formwork and support work structures are done upon close reference

to the structural design drawings and where any uncertainty exists, the structural designer should be consulted;

(d) all drawings pertaining to the design of formwork or support work structures are kept

on the site and are available on request by an inspector, contractor, client, client’s agent or employee;

(e) all equipment used in the formwork or support work structure are carefully examined

and checked for suitability by a competent person, before being used;

(f) all formwork and support work structures are inspected by a competent person immediately before, during and after the placement of concrete or any other imposed load and thereafter on a daily basis until the formwork and support work structure has been removed and the results have been recorded in a register and made available on site;

134

(g) if, after erection, any formwork and support work structure is found to be damaged or weakened to such a degree that its integrity is affected, it shall be safely removed or reinforced immediately;

(h) adequate precautionary measures are taken in order to:

(i) secure any deck panels against displacement; and

(ii) prevent any person from slipping on support work or formwork due to the

application of formwork or support work release agents;

(i) as far as is reasonably practicable, the health of any person is not affected through the use of solvents or oils or any other similar substances;

(j) (j) upon casting concrete, the support work or formwork structure should be left

in place until the concrete has acquired sufficient strength to support safely, not only its own weight, but also any imposed loads and not removed until authorisation has been given by the competent person contemplated in paragraph (a);

(k) provision is made for safe access by means of s ecured ladders or staircases

for all work to be carried out above the foundation bearing level;

(l) all employees required to erect, move or disman tle formwork and support work structures are provided with adequate training and instruction to perform these operations safely; and

(m) the foundation conditions are suitable to withs tand the weight caused by the

formwork and support work structure and any imposed loads such that the formwork and support work structure is stable.

CSS.26 Guards (Driven Machinery Regulations)

Guards (e.g. machine guards, fencing, safety rails, chains etc.) shall not be removed without: written permission, strict and correct isolation procedures being adopted. All machinery and plant brought onto the Construction site by the Contractor shall be fully and properly guarded in accordance with the requirements of the OH&S Act of 85/1993 and the relevant regulations made there under.

CSS.27 Horseplay

Running and horseplay in any part of the construction site is strictly prohibited.

CSS.28 Hot Work (General Safety Regulations 9)

No welding, cutting or any open flame work is permitted at certain site / plants without a hot work permit. Consult with the Engineer whether required or not.

• CSS.29 Housekeeping on Construction sites Notwithstanding the provisions of the Environmental Regulations for Workplaces promulgated by Government Notice No. R2281 dated 16 October 1987, as amended, a contractor shall ensure that:

(a) suitable housekeeping is continuously implemented on each construction site,

including provisions for the:

(i) proper storage of materials and equipment; and

(ii) removal of scrap, waste and debris at appropriate intervals;

(b) loose materials required for use, are not placed or allowed to accumulate on the site so as to obstruct means of access to and egress from workplaces and passageways;

(c) waste and debris are not disposed of from a high place with a chute, unless the

chute complies with the requirements set out regulation 12(6); and

(d) construction sites in built–up areas, adjacent to a public way are suitably and sufficiently fenced off and provided with controlled access points to prevent the entry of unauthorised persons.

135

(e) a catch platform or net is erected above an entrance or passageway or above a

place where persons work or pass under, or fence off the danger area if work is being performed above such entrance, passageway, or place so as to ensure that all persons are kept safe where there is a danger or possibility of persons being struck by falling objects.

CSS.30 Ladders (General Safety Regulations 13)

All ladders should be constructed and assembled according to legal requirements. It is further recommended that the Contractor establish the required register control systems for such equipment.

CSS.31 Liability

No permission under these rules shall in any way relieve the Contractor of his liability for accidents, injury or damages, which occur under the contract.

• CSS.32 Material hoists

(1) A contractor shall ensure that every material hoist and its tower have been constructed of sound material in accordance with the generally accepted technical standards and are strong enough and free from defects.

(2) A contractor shall cause the tower of every material hoist to be:

(a) erected on firm foundations and secured to the structure or braced by steel wire guy ropes and to extend to such a distance above the highest landing as to allow a clear and unobstructed space of at least 900 mm for over-travel;

(b) enclosed on all sides at the bottom, and at all floors where persons are at risk of

being struck by moving parts of the hoist, except on the side or sides giving access to the material hoist, with walls or other effective means to a height of at least 2100 mm from the ground or floor level; and

(c) provided with a door or gate at least 2100 mm in height at each landing and such

door or gate shall be kept closed, except when the platform is at rest at such a landing.


(a) the platform of every material hoist to be desi gned in such a manner that it

shall safely contain the loads being conveyed and t hat the combined weight of the platform and the load does not exceed the desig ned lifting capacity of the hoist;

(b) the hoisting rope of every material hoist which has a remote winch to be effectively

protected from damage by any external cause to the portion of the hoisting rope between the winch and the tower of the hoist; and

(c) every material hoist to be provided with an efficient brake capable of holding the

platform with its maximum load in any position when the power is not being supplied to the hoisting machinery.

(4) No contractor shall require or permit trucks, barrows or material to be conveyed on the

platform by a material hoist and no person shall so convey trucks, barrows or material unless such articles are so secured or contained in such a manner that displacement thereof cannot take place during movement.

(5) A contractor shall cause a notice, indicating t he maximum mass load which may be

carried at any one time and the prohibition of pers ons from riding on the platform of the material hoist, to be affixed around the base o f the tower and at each landing.

(6) A contractor of a material hoist shall not require or permit any person to operate such a

hoist, unless the person is competent in the operation thereof.

(7) No contractor shall require or permit any person to ride on a material hoist.

(8) A contractor shall cause every material hoist:

136

(a) to be inspected on a daily basis by a competent person who has been appointed in writing and has the experience pertaining to the erection and maintenance of material hoists or similar machinery.

(b) inspection contemplated in paragraph (a), to include the determination of the

serviceability of the entire material hoist including guides, ropes and their connections, drums, sheaves or pulleys and all safety devices.

(c) inspection result to be entered and signed in a record book which shall be kept on

the premises for that purpose.

(d) to be properly maintained and that the maintenance records in this regard are kept on site.

CSS.33 Overhead Electrical Conductors (Electrical Machi nery Regulations)

Work shall not be carried out in the vicinity of overhead electric conductors without permission of the RESPONSIBLE PERSON for the contract in writing and prior approval and compliance with the requirements of the SAKHISIZWE Local Municipality or relevant Local Authority, ESKOM or any other operator or owner of the system.

CSS.34 Parking

Contractor’s vehicles must only be parked in approved areas.

CSS.35 Personal Protective Equipment (General Safety Regu lations 2)

All necessary personal protective equipment must be supplied by the Principal Contractor and should be maintained in a good condition. All Contractors personnel and visitors must wear adequate equipment for personal protection such as safety helmets, goggles, gloves, special footwear etc. applicable to the particular activity being carried out.

CSS.36 Public Safety (Section 9)

All necessary precautions must be taken to eliminate any hazards the general public might be exposed to as a result of the Contractors activities.

CSS.37 Refuse and Waste

Burning of refuse is not permitted. Arrangements for the disposal of refuse are to be made with the SAKHISIZWE Local Municipality or relevant Local Authority Waste Management Department.

CSS.38 Reinforcing

Access to reinforcement of small diameter, which is cast in and could cause impalement of a person falling up against or onto such bars, is to be restricted. Where access ways cannot be horizontally displaced above such reinforcement, then the ends of such bars should be bent over (radius curve) to ensure that the bars are out of the contact plane.

CSS.39 Reporting of accidents (GAR 8&9 24)

It must be noted that any reportable accident or machine failure relative to the contract must be reported by the Contractor to the Department of Labour as required under OH&S Act of 1993. A copy of all such reports must be made available to the Municipal Supervising Official.

CSS.40 Responsibility (Section 8 & 13)

The Contractor will be responsible for ensuring that each and every one of his employees, agents, sub-contractors, suppliers or any other person having authorized access to the site of the works is acquainted with these specifications and receive induction training.

CSS.41 Road works

The Contractor must ensure that he complies with all the relevant road traffic regulations when performing road works. See also Sign Posting and Notices (CSS.44).

CSS.42 Security on Municipal premises

(1) The Sakhisizwe Local Municipality or relevant Local Authority reserves the right for persons

authorized by the Municipality to admit any person onto its premises, or to refuse admission, for whatever reason.

137

(2) The Sakhisizwe Local Municipality or relevant Local Authority reserves the right for persons

authorized by the Sakhisizwe Local Municipality or relevant Local Authority to search all persons, personal property, containers and vehicles should this be deemed necessary.

(3) All articles and equipment brought onto, or leaving the premises, shall be declared to the

Security Officer / Guards on duty. Where necessary, permits should be obtained and produced when requested to do so. Only persons with valid identification will be permitted to enter premises.

(4) Contract workers shall not enter any section of the premises other than where they have

been authorized to work, unless accompanied by an Sakhisizwe Local Municipality or relevant Local Authority official.

(5) All persons shall prominently display their company identification or the Sakhisizwe Local

Municipality or relevant Local Authority Visitors pass issued to them by the Security Guard at their point of entry. Passes must be returned to the Security Guard on leaving the premises.

(6) Cameras, tape recorders and / or any other photographic or recording equipment of a

similar nature may not be brought onto the premises without permission from Management of the Sakhisizwe Local Municipality or relevant Local Authority

(7) Any person found tampering with Sakhisizwe Local Municipality or relevant Local Authority

equipment or pilfering; or apparently under the influence of alcohol or drugs, will be removed from the site and may be charged.

(8) No intoxicating liquor, habit forming drugs, dangerous weapons or firearms may be brought

onto the premises.

(9) No person under the influence of intoxicating liquors or drugs shall enter the premises.

(10) A person shall smoke in restricted / smoking areas only as demarcated by `relevant lines or signs.

(11) The Contractor shall ensure that all equipment, tools and materials are kept under lock and

key. The Sakhisizwe Local Municipality or relevant Local Authority is not responsible for the loss of any equipment, tools or material of the Contractor or his employees as a result of any cause whatsoever.

CSS.43 Service Connections

Under no circumstances will any Contractor couple up to any water, electricity, compressed air, steam or other piped services without first obtaining the written permission from the Supervising Official. All connections for which permission has been granted must be switched off before leaving the site.

CSS.44 Signposting and Notices

All notices and signs on municipal premises must be adhered to at all times. Contractors must familiarize themselves with the standard symbolic safety signs. It might be necessary for the Contractor to erect signs to warn against hazards and dangers at work sites and road work. The Safety and / or Traffic Department can be approached for advice in this regard.

CSS.45 Speed Limit

All vehicles must be driven with due consideration to personnel and property. Adherence to speed limits is of utmost importance.

CSS.46 Spillages

Should the operations of the Contractor cause the accidental spillage of oils, grease, corrosive, inflammable, abrasive, toxic or any other substance that could result in injury, impairment to persons, environmental pollution or operating plant and equipment, then such spillage shall be removed and surfaces made clean and safe and, where necessary, restored to their previous condition immediately upon such request being made by any authorised Sakhisizwe Local Municipality or relevant Local Authority Official.

CSS.47 Structures

138

(1) A contractor shall ensure that: (a) all reasonably practicable steps are taken to prevent the uncontrolled collapse of any

new or existing structure or any part thereof, which may become unstable or is in a temporary state of weakness or instability due to the carrying out of construction work; and

(b) no structure or part of a structure is loaded in a manner which would render it

unsafe.

(2) The designer of a structure shall:

(a) before the contract is put out to tender, make available to the client all relevant information about the design of the relevant struct ure that may affect the pricing of the construction work;

(b) inform the contractor in writing of any known or anticipated dangers or hazards

relating to the construction work, and make available all relevant information required for the safe execution of the work upon being designed or when the design is subsequently altered;

(c) subject to the provisions of paragraph (a) and (b) ensure that the following

information is included in a report and made availa ble to the contractor:

(i) a geo-science technical report where appropriat e;

(ii) the loading the structure is designed to withs tand; and

(iii) the methods and sequence of construction.

(d) not include anything in the design of the structure necessitating the use of dangerous procedures or materials hazardous to the health and safety of persons, which could be avoided by modifying the design or by substituting materials;

(e) take into account the hazards relating to any subsequent maintenance of the

relevant structure and should make provision in the design for that work to be performed to minimise the risk;

(f) carry out sufficient inspections at appropriate times of the construction work

involving the design of the relevant structure in order to ensure compliance with the design and a record of those inspections is to be kept on site;

(g) stop any contractor from executing any construction work which is not in accordance

with the relevant design;

(h) conduct a final inspection of the completed structure prior to its commissioning in order to render it safe for use and issue a completion certificate to the contractor; and

(i) ensure that when preparing the design, cognisance is taken of ergonomic design

principles in order to minimise ergonomic related hazards in all phases of the life cycle of a structure.

(3) A contractor shall ensure that all drawings pertaining to the design of the relevant structure

are kept on site and are available on request by an inspector, contractors, client, client’s agent or employee.

(4) Any owner of a structure shall ensure that inspections of that structure upon completion are

carried out periodically by competent persons in order to render the structure safe for continued use: Provided that the inspections are carried out at least once every six months for the first two years and thereafter yearly and records of such inspections are kept and made available to an inspector upon request.

(5) Any owner of a structure shall ensure that the structure upon completion is maintained in

such a manner that the structure remains safe for continued use and such maintenance records shall be kept and made available to an inspector upon request.

CSS.48 Supervision of construction work

(1) Every contractor shall appoint a full-time competent employee designated in writing as the

construction supervisor, with the duty of supervising the performance of the construction work.

139

(2) The contractor may in writing appoint one or more competent employees to assist the

appointed construction supervisor contemplated in sub-regulation (1), and every such employee shall, to the extent clearly defined by the contractor in the letter of designation, have the same duties as the construction supervisor: Provided that the designation of any such employee shall not relieve the construction supervisor contemplated in sub-regulation (1) of any personal accountability for failing in his supervisory duties referred to in terms of this regulation.

(3) Where the contractor has not appointed an employee as referred to sub-regulation (2), or,

in the opinion of an inspector, not a sufficient number of such employees, that inspector may require the employer to appoint the number of employees indicated by the inspector, and the provisions of sub-regulation (2) shall apply in respect of those employees as if they had in the first instance been appointed under sub-regulation (2).

(4) No construction supervisor appointed in terms of sub-regulation (1) shall supervise any

construction work on or in any construction site other than the site in respect of which he or she has been appointed: Provided that a sufficient number of competent employees have been appropriately designated under sub-regulation (2) on all the construction sites, the appointed construction supervisor may supervise more than one site.

(5) If, however, the construction supervisor appointed in terms of sub-regulation (1) for more

than one construction site will not, in the opinion of an inspector, be able to supervise the works favourably, an inspector may require the contractor to appoint the required number of employees as contemplated in sub-regulation (2) to assist the appointed construction supervisor or instruct the contractor to appoint the construction supervisor who had been appointed in terms of sub-regulation (1) more appropriately.

(6) A contractor shall upon having considered the size of the project, the degree of dangers likely to be encountered or the accumulation of hazards or risks on the site, appoint a full-time or part-time construction safety officer in writing to assist in the control of all safety related aspects on the site: Provided that, where the question arises as to whether a construction safety officer is necessary, the decision of an inspector shall be decisive.

(7) The appointed construction safety officer as contemplated in sub-regulation (6) shall as far

as is reasonably practicable be utilised to give input at the early design stage and where not appointed at this stage, he or she shall be given the opportunity to input into the health and safety plan when wanting to do so, and a record of such shall be kept in the health and safety file contemplated in regulation 5(7).

(8) No contractor shall appoint a construction safety officer to assist in the control of safety

related aspects on the site unless he or she is reasonably satisfied that the construction safety officer he or she intends to appoint, has the necessary competencies and resources to assist the contractor.

CSS.49 Risk assessment

(1) Every contractor performing construction work shall before the commencement of any

construction work and during construction work, cause a risk assessment to be performed by a competent person appointed in writing and the risk assessment shall form part of the health and safety plan to be applied on the site and shall include at least:

(a) the identification of the risks and hazards to which persons may be exposed to;

(b) the analysis and evaluation of the risks and hazards identified;

(c) a documented plan of safe work procedures to mitigate, reduce or control the risks

and hazards that have been identified;

(d) a monitoring plan; and

(e) a review plan.

(2) A contractor shall ensure that a copy of the risk assessment is available on site for inspection by an inspector, client, client’s agent, contractor, employee, representative trade union, health and safety representative or any member of the health and safety committee.

(3) Every contractor shall consult with the health and safety committee or, if no health and

safety committee exists, with a representative group of employees, on the development, monitoring and review of the risk assessment.

(4) A contractor shall ensure that all employees un der the his or her control are

informed, instructed and trained by a competent per son regarding any hazard and

140

the related work procedures before any work commenc es, and thereafter at such times as may be determined in the risk assessment.

(5) A principal contractor shall ensure that all co ntractors are informed regarding any

hazard as stipulated in the risk assessment before any work commences, and thereafter at such times as may be determined in th e risk assessment.

(6) A contractor shall ensure that as far as is rea sonably practicable, ergonomic related

hazards are analyzed, evaluated and addressed in th e risk assessment.

(7) Notwithstanding the requirements laid down in s ub-regulation (4), no contractor shall allow or permit any employee to enter any sit e, unless such person has undergone health and safety induction training pert aining to the hazards prevalent on the site at the time of entry.

(8) A contractor shall ensure that all visitors to a construction site undergoes health and

safety instruction pertaining to the hazards preval ent on the site and shall be provided with the necessary personal protective equ ipment: Provided that where visits are made only to the site office which is no t in direct contact with the construction work activities, those health and safe ty instructions and the provision of personal protective equipment may not apply.

(9) Every employee on site shall:

(a) be in possession of proof of the health and saf ety induction training as

determined in sub-regulation (7), issued by a compe tent person of the contractor prior to the commencement of constructio n work; and

(b) carry the proof contemplated in paragraph (a) f or the duration of that project

or for the period that the employee will be on the construction site.

CSS.50 Scaffolding

(1) Every contractor using access scaffolding shall ensure that such scaffolding, when used,

complies with the safety standards incorporated for this purpose into these Regulations under section 44 of the Act.

(2) A contractor shall ensure that all scaffolding work operations are carried out under the supervision of a competent person who has been appointed in writing and that all scaffold erectors, team leaders and inspectors are competent to carry out their work.

CSS.51 Stacking and storage on construction sites

Notwithstanding the provisions for the stacking of articles contained in the General Safety Regulations promulgated by Government Notice No. R1031 dated 30 May 1986, as amended, a contractor shall ensure that:

(a) a competent person is appointed in writing with the duty of supervising all stacking

and storage on a construction site;

(b) adequate storage areas are provided;

(c) there are demarcated storage areas; and

(d) storage areas are kept neat and under control. CSS.52 Suspended platforms

(1) A contractor shall ensure that all suspended platform work operations are carried out under

the supervision of a competent person who has been appointed in writing, and that all suspended platform erectors, operators and inspectors are competent to carry out their work.

(2) No contractor shall use or permit the use of a suspended platform, unless:

(a) the design, stability and construction thereof comply with the safety standards

incorporated for this purpose into these Regulations under section 44 of the Act;

141

(b) in possession of a certificate of system design issued by a professional, certificated engineer or a professional technologist for the use of the suspended platform system; and

(c) he or she is, prior to the commencement of the work, is in possession of an

operational compliance plan developed by a competent person based on the certificate of system design contemplated in paragraph (b) and applicable to the environment in which the system is being used, prior to the commencement of the work which must include proof of the:

(i) competent person who has been appointed for supervision;

(ii) competency of erectors, operators and inspectors;

(iii) operational design calculations which should comply with the requirements of the system design certificate;

(iv) performance test results;

(v) sketches indicating the completed system with the operational loading capacity of the platform;

(vi) procedures for and records of inspections having been carried out; and

(vii) procedures for and records of maintenance work having been carried out:

Provided that sub-regulation (2) shall only become applicable six months from the date of promulgation of these regulations.

(3) A contractor making use of a suspended platform system shall forward a copy of the

certificate of system design issued by a professional engineer, certificated engineer or professional technologist including a copy of the design calculations, sketches and test results, to the provincial director before commencement of the use of the system and must further indicate the intended type of work, the system would be used for.

(4) A contractor need not re-submit a copy of the certificate of system design contemplated in sub-regulation (3) for every new project: Provided that the environment in which the system is being used does not change to such an extent that the system design certificate is no longer applicable and, should uncertainty exist of the applicability of the system design certificate, the decision of a professional engineer, certificated engineer or professional technologist shall be decisive.

(5) A contractor shall ensure that the outriggers of each suspended platform:

(a) are constructed of steel or any other material of similar strength and have a safety

factor of at least four in relation to the load it is to carry; and

(b) have suspension points provided with stop devices or other effective devices at the outer ends to prevent the displacement of ropes.

(6) The contractor shall ensure that:

(a) the parts of the building or structure on which the outriggers are supported,

are checked by means of calculations to ensure that the required safety factor is adhered to without risk of damage to the buildin g or structure;

(b) the suspension wire rope and the safety wire rope are separately connected to the

outrigger;

(c) each person on a suspended platform is provided with and wears a safety harness as a fall prevention device which must at all times, be attached to the suspended platform or to the anchorage points on the structure whilst on the suspended platform;

(d) the hand or power driven machinery to be used for the lifting or lowering of the

working platform of a suspended platform is constructed and maintained in such a manner that an uncontrolled movement of the working platform cannot occur;

142

(e) the machinery referred to in paragraph (d) is so situated that it is easily accessible for inspection;

(f) the rope connections to the outriggers are vertically above the connections to the

working platform; and

(g) where the working platform is suspended by two ropes only, the connections of the ropes to the working platform are of such height above the level of the working platform as to ensure the stability of the working platform.

(7) A contractor shall ensure that the suspended platform:

(a) is suspended as near as possible to the structure to which work is being done and,

except when light work is being done, is secured at every working position to prevent horizontal movement between the suspended platform and the structure;

(b) is fitted with anchorage points to which workers shall attach the lanyard of the safety

harness worn and used by the worker and such anchorage connections shall have sufficient strength to withstand any potential load applied to it; and

(c) is fitted with a conspicuous notice easily understandable by all workers working with the suspended platform, showing the maximum mass load which the suspended platform can carry.


(a) the whole installation and all working parts of the suspended platform to be

thoroughly examined in accordance with the manufacturer’s specification;

(b) the whole installation to be subjected to a performance test as determined by the standard to which the suspended platform was manufactured;

(c) the performance test contemplated in paragraph (b) to be done by a competent

person appointed in writing with the knowledge and experience of erection and maintenance of suspended platforms or similar machinery and who shall determine the serviceability of the structures, ropes, machinery and safety devices before they are used following every time they are erected;

(d) the performance test contemplated in paragraph (b) of the whole installation of the

suspended platform shall be subjected to a load equal to that prescribed by the manufacturer or, in the absence of such load, to a load of 110 per cent of the rated mass load, at intervals not exceeding 12 months and in such a manner that every part of the installation is stressed accordingly;

(9) Notwithstanding the provisions of sub-regulation (8), the contractor shall cause every

hoisting rope, hook or other load-attaching device which forms part of the suspended platform to be thoroughly examined in accordance with the manufacturer’s specification by the competent person contemplated in sub-regulation (8) before they are used following every time they are assembled, and, in cases of continuous use, at intervals not exceeding three months.

(10) A contractor shall ensure that the suspended platform supervisor appointed in terms of the provisions of sub-regulation (1), or the suspended platform inspector mentioned in sub-regulation (1), carries out a daily inspection of all the equipment prior to use, including establishing whether

(a) all connection bolts are secure;

(b) all safety devices are functioning;

(c) all safety devices are not tampered with or vandalised;

(d) the maximum mass load of the platform is not exceeded;

(e) the occupants in the suspended platform are using safety harnesses which have

been properly attached;

(f) there are no visible signs of damage to the equipment; and

(g) all reported operating problems have been attended to.

143

(11) A contractor shall ensure that all inspection and performance test records are kept on the

construction site at all times and made available to an inspector, client, client’s agent or employee upon request.

(12) A contractor shall ensure that all employees required to work or to be supported on a

suspended platform are:

(a) physically and psychologically fit to work safe ly in such an environment by being in possession of a medical certificate of fit ness;

(b) competent in conducting their work safely relat ing to suspended platforms and the training which employees receive or had rec eived must include at least: (i) how to access and egress the suspended platform safely; (ii) how to correctly operate the controls and safe ty devices of the

equipment;

(iii) information on the dangers related to the mis use of safety devices; and

(iv) information on the procedures to be followed in the case of:

(aa) an emergency;

(bb) the malfunctioning of equipment; (cc) the discovery of a suspected defect in the equ ipment; and

(v) instructions on the proper use of safety harnes ses.

(13) Where the outrigger is to be moved, the contractor shall ensure that only persons trained and competent to affect such move, perform this task and that an inspection be carried out and the results thereof be recorded by the competent person prior to re-use of the suspended platform.

(14) A contractor shall ensure that the suspended p latform is properly isolated after use

at the end of each working day such that no part of the suspended platform will present a danger to any person thereafter.

CSS.53 Tunnelling

(1) Any contractor performing tunneling activities or works, shall comply with such requirements as published under the Mine Health and Safety Act, 1996 (Act No.29 of 1996), as amended.

(2) Notwithstanding the provisions of sub-regulatio n (1), no person shall enter a tunnel,

which has a height dimension less than 800mm.

CSS.54 Use of Sakhisizwe Local Municipality or relevan t Local Authority Plant and Equipment.

On no account are Contractors or their employees to operate the Sakhisizwe Local Municipality or relevant Local Authority hoists, forklifts or vehicles or plant. If use of any such equipment is required, application must be made to Sakhisizwe Local Municipality or relevant Local Authority Management in writing, who will then, if he considers it necessary and in the best interest of the Sakhisizwe Local Municipality or relevant Local Authority, grant the Contractor the necessary permission. Should permission be granted, then the equipment is used at the Contractors risk and it will be considered to be the property of the Contractor whilst so borrowed, but must never leave the site. Contractors will be required to make good any loss or damage to such equipment. As a general rule, however, all Contractors are to ensure that they provide all the equipment needed for the contract.

CSS.55 Vessel Entry

See Confined Space (CSS.10) and Atmospheric Conditions (CSS.5).

CSS.56 Water environments

(1) A contractor shall ensure that where construction work is done over or in close proximity to

water, provision is made for:

(a) preventing workers from falling into water; and

144

(b) the rescuing of workers in danger of drowning.

(2) A contractor shall ensure that where a worker is exposed to the risk of drowning by falling into the water, a lifejacket is provided to and worn by the worker.

CSS.57 Welding

See Hot Work (CSS.29) and Work Permits (CSS.60).

CSS.58 Workers Compensation fund

It is conditions of this contract that the Principal Contractor provides prove of registration with the Compensation fund. And that all employees and any sub-contractors are covered in terms of the Compensation for Occupational Injuries and Diseases Act, as amended. Furthermore, the Contractor undertakes that such cover will not lapse during the continuation of the work. Their registration number must be entered on the last page of this document.

CSS.59 Worker welfare facilities

(1) Notwithstanding the construction site provisions contained in the Facilities Regulations

promulgated by Government Notice No. R. 2362 of 5 October 1990, as amended, a contractor shall, depending on the number of workers and the duration of the work, provide at or within reasonable access of every construction site, the following clean and maintained facilities:

(a) at least one shower facility for every 15 workers;

(b) at least one sanitary facility for every 30 wor kers;

(c) changing facilities for each sex; and

(d) Sheltered eating areas.

(2) A contractor shall provide reasonable and suita ble living accommodation for the

workers at construction sites which are remote from their homes and where adequate transportation between the site and their homes, or other suitable living accommodation, is not available.

145

CSS.60 Work Permits & Permission to work

Certain risk areas on a site may be designated as WORK PERMIT AREAS. Contractors must not work in these areas without obtaining the necessary Work Permit / Clearance Certificate. See also, Confined Space (CSS.), Excavation Work (CSS.), Fire Precautions (CSS.), Hot Work (CSS.) and Roofing (CSS.).

CSS 61 Weather

The principal contractor must consider all weather possibilities (Thunderstorms, cloudbursts, lightning, hail, gale force winds etc.) which could pose a threat to the project and or persons and indicate in the safety plan how these threats will be dealt with.

CSS.62 UNDERTAKING

Contractor must sign and return attached undertaking [ANNEXURE I] before the Contract will be accepted by the Sakhisizwe Local Municipality, and on signature thereof such undertaking shall be annexed to the contract document and shall form part of it.

Regulation 5 of the Construction Safety Act stipulates that the principal contractor is responsible for providing a documented health and safety plan to the employer based on the client’s safety specification. The Contractor is responsible for the safe execution of all work and must provide the engineer, architect and subcontractors with a programme of construction, as well as a method statement with the necessary details and procedures on the contract.

The contractor must appoint in writing, a full time competent supervisor, to supervise the project. The Contractor may also appoint competent assistants, to assist the supervisor in the execution of his supervisory duties. The regulations define a competent person as being any person, having the knowledge, training, experience, and qualifications specific to the work or task being performed. This is subject to the provision that their appropriate qualification and training are registered in terms of the South African Qualifications Authority Act, 1995 [Act No. 58 of 1995] these are in fact the required qualifications and training.

The contractor has to exercise discretion and if he deems it relevant, appoint a full-time or part-

time construction safety officer, in writing to assist in the control of all safety related aspects, and to give input into the health and safety plan. This construction safety officer must have the necessary competencies and resources to assist the contractor.

The contractor is required to have, before and during construction work, a risk assessment

performed by a competent person. The said competent person must be appointed in writing, and the risk assessment must form part of the health and safety plan.

The health and safety plan is defined as being a documented plan, which addresses hazards,

identified.

The health and safety plan must at least include:

- identification of risks and hazards; - analysis and evaluation of hazards; - a documented plan and safe work procedures to mitigate, reduce or control the risks, and; - a monitoring and reviewing plan of the risks and hazards.

The health and safety plan must be available for inspection, and every contractor must ensure that

all employees are informed, instructed and trained by a competent person regarding the hazards identified and the related work procedures before work commences and thereafter at times identified in the risk assessment. The same applies with regard to the principal contractor and contractors.

The contractor may not permit any employee or person [including visitors] to enter the construction

site unless that person has undergone health and safety induction training pertaining to the hazards identified at the site. Employees must be issued with a written confirmation [proof] that health and safety induction training was successfully completed, which proof they must carry with them must at all times whilst working on the construction site. A competent person must issue this proof. Further to this, the visitors to the site must be provided with personal protective equipment. This is the responsibility of the contractor.

Regulation 8 to 28 specifies safe work procedures and processes when involved in the following

activities:

146

- Fall protection - Structures - Formwork and support work - Excavation work - Demolition work - Tunnelling - Scaffolding - Suspended platform - Boatswains chairs - Material hoists - Batch plants - Explosive powered tools - Cranes - Construction vehicles and mobile plant - Electrical installations and machinery on construction sites - Water environments - Housekeeping on construction sites - Stacking and storage on construction sites - Fire precaution on construction sites - Construction welfare facilities

CSS.62 PENALTIES

Any infringements of the Occupational Health and Safety Specification will result in the following: • 50% of the monthly cost of compliance, for compliance within 5 days • 70% of the monthly cost of compliance, for compliance within 10 days • The Engineer will issue a notice to stop all works until such time that the contractor is in

compliance. If the contractor takes longer than 10 days, all cost incurred will be for the contractor.

PS11 FEATURES REQUIRING SPECIAL ATTENTION PS11.1 Government Regulations – Republic of South Africa ( SA)

The plant used in the execution of the Contract is to satisfy the requirements of the Factories, Machinery and Building Work Act (No.22 of 1941), The plant shall also comply with any other regulations controlling the installations and operation of the entire equipment.

If any additional work is ordered by a Government Inspector to make the plant comply with the regulations referred to above, the Contractor shall forthwith carry out such work at his own cost. The Contractor must acquaint himself with all conditions and regulations laid down by the Government and Local Authorities for electricity, health, and sanitation on site and traffic regulations.

PS11.2 Health and Safety

Health and safety require ments and procedures

a) In terms of the provisions of Section 37(2) of the Occupational Health and Safety Amendment Act, 1993 (Act 85 of 1993), hereinafter referred to as the Act, the following arrangements and procedures shall apply between the Contractor and the Employer to ensure compliance by the Contractor with the provisions of the Act: (i) The Contractor undertakes to acquaint the appropriate officials and employees of the

Contractor with all relevant provisions of the Act and the Regulations promulgated in terms of the Act.

(ii) The Contractor undertakes that all relevant duties, obligations and prohibitions imposed in terms of the Act and Regulations on the Contractor will be fully complied with.

(iii) The Contractor accepts sole liability for such due compliance with the relevant duties, obligations and prohibitions imposed by the Act and Regulations and expressly absolves the Employer from himself being obliged to comply with any of the aforesaid duties, obligations and prohibitions, with the exception of such duties, obligations and prohibitions expressly assigned to the Employer in terms of the Act and its associated Regulations.

(iv) The Contractor agrees that any duly authorized officials of the Employer shall be entitled, although not obliged, to take such steps as may be necessary to monitor that the Contractor has conformed to his undertakings as described in paragraphs (i) and

147

(ii) above, which steps may include, but will not be limited to, the right to inspect any appropriate site or premises occupied by the Contractor, or any appropriate records or safety plans held by the Contractor.

(v) The Contractor shall be obliged to report forthwith to the Employer and Engineer any investigation, complaint or criminal charge which may arise as a consequence of the provisions of the Act and Regulations, pursuant to work performed in terms of this Contract, and shall, on written demand, provide full details in writing, to the Employer and Engineer, of such investigation, complaint or criminal charge.

(vi) The Contractor shall furthermore, in compliance with Constructional Regulations 2003 (Notice No R1010, dated 18 July 2003) to the Act acquaint himself with the requirements of the Employer’s health and safety specification as laid down in regulation 4(1)(a) of the Construction Regulation 2003, and prepare a suitably and sufficiently documented health and safety plan as contemplated in regulation 5(1) of the Construction Regulation 2003 for approval by the Employer or his assigned agent. The Contractor's health and safety plan and risk assessment shall be submitted to the Employer for approval within 14 days of the Data commencement and shall be implemented and maintained from the Commencement of the Works.

The Contractor shall at all times be responsible for full compliance with the approved plan as well as with the Construction Regulations and no extension of time will be considered for delays due to non-compliance with the abovementioned plan or regulations.

(vii) The Employer, or his assigned agent, reserves the right to conduct periodic audits, as contemplated in the Construction Regulations 2003, to monitor that the Contractor is compliant in respect of his obligations. Failure by the Contractor to comply with the requirements of these Regulations shall entitle the Engineer, at the request of the Employer or his agent, to suspend all or any part of the Works, with no recourse whatsoever by the Contractor for any damages incurred as a result of such suspension, until such time that the Employer or his agents are satisfied that the issues in which the Contractor has been in default have been rectified.

(viii) The proposed type of work, materials to be used and potential hazards likely to be encountered on this Contract are detailed in the C3.3: Construction, the Bill of Quantities, the Drawings, and in the Employers' health and safety specification (regulation 4(1) of the Construction Regulations 2003), which is attached as Annex B.

Payment items are included in the Bill of Quantities to cover the Contractor's cost for compliance with the OHS Act and the abovementioned regulations.

148




OCCUPATIONAL HEALTH AND SAFETY ACT

CONTRACTOR’S SAFETY OBLIGATION DOCUMENT Agreement between the SAKHISIZWE LOCAL MUNICIPALITY [her einafter referred to as the Employer] and the Mandatory [hereinafter referred to as the contracto r] as envisaged in Section 37 (2) of the Occupationa l Health and Safety Act. No. 85 of 1993 as amended. Background information 1. The Occupational Health and Safety Act comprises Sections 1 to 50 and all un-repealed Regulations promulgated in

terms of the former Machinery and Occupational Safety Act No.6 of 1983 as amended as well as any other Regulations which may be promulgated from time to time in terms of the new Act.

2. The Mandatory as defined in the Act may be an agent, a contractor or a sub-contractor. This shall not derogate from the Contractors status as being the responsible employer on this particular Contract.

3. Section 37 of the Occupational Health and Safety Act has the potential of punishing Employers [Principals] for the unlawful acts or omissions of Contractors save where a written agreement has been concluded between the parties containing arrangements and procedures to ensure compliance with the Act by the Contractor. This Agreement constitutes such a written agreement.

4. This Contract document forms an integral part of the Agreement.

5. To be able to perform in terms of the Agreement Contractors must be familiar with the relevant provisions of the Act.

6. The liability of the Contractor under this Agreement will commence on the day the site is handed over to the Contractor and terminate when the site is handed back to the Employer.

7. Contractors who intend to utilise the services of Sub-Contractors and/or Nominated Sub-Contractors are advised to conclude a similar Agreement with their Sub-Contractors and/or Nominated Sub-Contractors.

I…………………………………………………………………………………………………………. Representing…………………………………………………….……………… [the Contra ctor] Hereby acknowledge that the Contractor is an employ er in his own right with duties as prescribed in th e Occupational Health and Safety Act No. 85 if 1993 as amended. The Contractor undertakes to ensure that all work will be performed, and machinery and plant use d, in accordance with the provisions of the said Ac t. The Contractor furthermore agrees to comply with the re quirements of the Employer as contained in the contr act documents and to liaise with the Employer should he, for whatever reason, be unable to perform his duti es in terms of this Agreement. Signed at ……………………………………………………………………………………………………. On this……………………….…………. Day of…………………………………….…………….2 009 ………………………..………………………..……………… Signature on behalf of the Contractor [the Mandatory ] _______________________________ Name of Signatory (Please print) _______________________________ Designation of Signatory

149

………………………..………………………..……………… Signature on behalf of the SAKHISIZWE LOCAL MUNICIPLITY [the Employer] _______________________________ Name of Signatory (Please print) _______________________________ Designation of Signatory

150





UNDERTAKING BY CONTRACTOR I/We, [the contractor] __________________________________________________________________________ have been engaged by the SAKHISIZWE LOCAL MUNICIPALITY , East London Administration Unit, to perform work under contract. I/We acknowledge that I/We have read and understand the agreement, instructions and regulations governing work at the SAKHISIZWE LOCAL MUNICIPALITY and agree to abide by them while on the premises or sites for the duration of the aforesaid contract. I/We undertake to ensure that the provisions of the OCCUPATIONAL HEALTH AND SAFETY Act No. 85 of 1993 are fully complied with. I/We undertake to explain to all members of our staff, the various rules and regulations, as noted in the “Instructions to Contractors” of all Contractors Safety Obligations Document. I/We have appointed: __________________________________________________________________________ as the RESPONSIBLE PERSON for our site and have vested him with the necessary authority to rectify any irregularities which may be drawn to his attention. I/We undertake to rectify all sub-standard conditions for which we are responsible. I/We accept that should we not rectify these timorously, they may be corrected by the SAKHISIZWE LOCAL MUNICIPALITY and the cost debited to the contract price. I/We also confirm that I/We are registered and in good standing with the Compensation Commissioner and undertake that the cover will not lapse during the period of the contract. Compensation Registration No: ____________________ __________________

SAKHISIZWE LOCAL MUNICIPALITY

Contract No/Job Order No. ________________________ ______________

Description of Work Contractor …………………………………………………………………. …..……………… Signature …………………….………………… …… Date…………………………………. Employer .………………………………………………………………………………………

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

151





R2.00 Revenue Stamp to be Cancelled by initials and date

BLASTING INDEMNITY

Given by __________________________________________________________________

*Company Registration No.: __________________________________________________

Address:

_________________________________________________________________

A *Company incorporated with limited liability according to the company laws of the Republic of South Africa. *Partnership, *Close Corporation, *Public Company (hereinafter called the Contractor), represented herein by __________________________________________________ in his capacity as the Contractor _______________________________________________ duly authorised hereto by a resolution of the Contractor dated _____________________________

a certified copy of which resolution is attached to this Indemnity ___________________________

(hereinafter called the Municipality), for

_______________________________________________

and the Municipality requires this Indemnity from the contractor. NOW THEREFORE THIS DEED WITHNESSETH that the Contractor does hereby indemnify and hold harmless the Council in respect of all loss or damage that may be incurred or sustained by the Council by reason of or in any way arising out of or caused by blasting operations that may be carried out by the Contractor in connection with the aforementioned Contract, and also in respect of all claims that may be made against the Council in consequence of such blasting operations, by reason of or in any way arising out of any accidents or damage to persons, life or property or any other cause whatsoever, and also in respect of all legal or other expenses that may be incurred by the Council in examining, resisting or settling any such claims; for the due performance of which the Contractor binds itself according to law. THUS, DONE AND SIGNED for and on behalf of the Contractor at ______________________________________________________________________ on the _______________ day of _________________________________ 20_______ in the presence of the subscribing witnesses. ______________________________ SIGNATURE _______________________________ Name of Signatory (Please print) _______________________________

152

Designation of Signatory AS WITNESSES: 1. ___________________________________ 2. ____________________________________

153

LABOUR INTENSIVE SPECIFICATION

154

PLI: PARTICULAR SPECIFICATION FOR GENERIC LABOUR-INTENSIVE SPEC IFICATION

Bidders must take into consideration that the following works may only be constructed using labour-based construction methods: a) Excavation to expose existing services. b) Hand excavation for pipe trenches. c) Clearing of Site. d) Hauling of bedding materials using wheelbarrows. e) Preparation of bedding material for water pipes. f) Finishing of site. Where Bidders propose to use additional labour-based methods, the methods must be stated as well as the activities. It will reflect positively on the Bidder’s bid if he should use more labour-based methods.

PLI 1 Scope

This specification establishes general requirements for activities which are to be executed by hand involving the following:

(a) trenches having a depth of less than 1 metre (b) Pipe laying and compaction PLI 2 Precedence

Where this specification is in conflict with any other standard or specification referred to in the Scope of Works to this Contract, the requirements of this specification shall prevail.

PLI 3 Hand excavatable material

(a) Granular materials: (i) whose consistency when profiled may in terms of table 1 be classified as very loose, loose,

medium dense, or dense; or (ii) where the material is, a gravel having a maximum particle size of 10 mm and contains no

cobbles or isolated boulders, no more than 15 blows of a dynamic cone penetrometer is required to penetrate 100 mm.

(b) Cohesive materials: (i) whose consistency when profiled may in terms of table 1 be classified as very soft, soft, firm,

stiff and stiff / very stiff; or (ii) where the material is, a gravel having a maximum particle size of 10 mm and contains no

cobbles or isolated boulders, no more than 8 blows of a dynamic cone penetrometer is required to penetrate 100 mm;

Note: (1) A boulder, a cobble and gravel is material with a particle size greater than

200 mm, between 60 and 200 mm. (2) A dynamic cone penetrometer is an instrument used to measure the insitu

shear resistance of a soil comprising a drop weight of approximately 10 kg which falls through a height of 400 mm and drives a cone having a maximum diameter of 20 mm (cone angle of 60° with respect t o the horizontal) into the material being used.

155

Table 1: Consistency of materials when profiled

Granular materials Cohesive materials Consistency Description Consistency Description Very loose Crumbles very easily

when scraped with a geological pick.

Very soft Geological pick head can easily be pushed in as far as the shaft of the handle.

Loose Small resistance to penetration by sharp end of a geological pick.

Soft Easily dented by thumb; sharp end of a geological pick can be pushed in 30 - 40 mm; can be moulded by fingers with some pressure.

Medium dense Considerable resistance to penetration by sharp end of a geological pick.

Firm Indented by thumb with effort; sharp end of geological pick can be pushed in up to 10 mm; very difficult to mould with fingers; can just be penetrated with an ordinary hand spade.

Dense Very high resistance to penetration by the sharp end of geological pick; requires many blows for excavation.

Stiff Can be indented by thumb-nail; slight indentation produced by pushing geological pick point into soil; cannot be moulded by fingers.

Very dense High resistance to repeated blows of a geological pick.

Very stiff Indented by thumb-nail with difficulty; slight indentation produced by blow of a geological pick point.

PLI 4 Trench excavation

All hand excavatable material in trenches having a depth of less than 1 metre shall be excavated by hand. Excavation shall use a task rate of 3m3/day for an amount of R126/task

PLI 5 Compaction of backfilling to trenches (areas n ot subject to traffic)

Backfilling to trenches shall be placed in layers of thickness (before compaction) not exceeding 100 mm. Each layer shall be compacted using hand stumpers

(a) to 90% Proctor density; (b) such that in excess of 5 blows of a dynamic come penetrometer (DCP) is required to penetrate 100

mm of the backfill, provided that backfill does not comprise more than 10% gravel of size less than 10 mm and contains no isolated boulders, or

(c) such that the density of the compacted trench backfill is not less than that of the surrounding undisturbed

soil when tested comparatively with a DCP. (d) Backfilling shall use a task rate of 6m3/day at a payment rate of R126/task

PLI 6 Excavation

All hand excavatable material including topsoil classified as hand excavatable shall be excavated by hand. Harder material may be loosened by mechanical means prior to excavation by hand. The excavation of any material which presents the possibility of danger or injury to workers shall not be excavated by hand.

PLI 7 Clearing and grubbing

Grass and small bushes shall be cleared by hand.

156

PLI 8 Shaping

All shaping shall be undertaken by hand.

PLI 9 Loading

All loading shall be done by hand, regardless of the method of haulage. PLI 10 Haul

Excavation material shall be hauled to its point of placement by means of wheelbarrows where the haul distance is not greater than 150 m.

PLI 11 Offloading

All material, however transported, is to be off-loaded by hand, unless tipper-trucks are utilised for haulage. PLI 12 Spreading

All material shall be spread by hand. PLI 13 Compaction

Small areas may be compacted by hand provided that the specified compaction is achieved. PLI 14 Grassing

All grassing shall be undertaking by sprigging, sodding, or seeding by hand. PLI 15 Stone pitching and rubble concrete masonry

All stone required for stone pitching and rubble concrete masonry, whether grouted or dry, must to be collected, loaded, off loaded and placed by hand. Sand and stone shall be hauled to its point of placement by means of wheelbarrows where the haul distance is not greater than 150 m. Grout shall be mixed and placed by hand.

PLI 16 Manufactured elements

Elements manufactured or designed by the contractor, such as manhole rings and cover slabs, precast concrete planks and pipes, masonry units and edge beams shall not individually, have a mass of more than 320 kg. In addition, the items shall be large enough so that four workers can conveniently and simultaneously acquire a proper handhold on them.

PLD 17 Pump Water pump to be installed in accordance with the manufacture’s specification LIC 4. Labour intensive specification LIC 4.1 Labour intensive competencies of supervisor y and management staff Contractors having a CIDB contractor grading designation of 5CE and higher shall only engage supervisory and management staff in labour intensive works who have either completed, or for the period 1 April 2004 to 30 June 2006, are registered for training towards, the skills programme outlined in Table 1. The managing principal of the contractor, namely, a sole proprietor, the senior partner, the managing director or managing member of a close corporation, as relevant, having a contractor grading designation of 1CE, 2CE, 3CE and 4CE shall have personally completed, or for the period 1 April 2004 to 30 June 2006 be registered on a skills programme for the NQF level 2. All other site supervisory staff in the employ of such contractors must have completed, or for the period 1 April 2004 to 30 June 2006 be registered on a skills programme for, the NQF level 2 unit standards or NQF level 4 unit standards.

157

Table 1: Skills programme for supervisory and manage ment staff

Personnel NQF level

Unit standard titles Skills programme description

Team leader / supervisor

2 Apply Labour Intensive Construction Systems and Techniques to Work Activities

This unit standard must be completed, and

Use Labour Intensive Construction Methods to Construct and Maintain Roads and Storm Water Drainage

any one of these 3 unit standards Use Labour Intensive Construction Methods to

Construct and Maintain Water and Sanitation Services Use Labour Intensive Construction Methods to Construct, Repair and Maintain Structures

Foreman/ supervisor

4 Implement labour Intensive Construction Systems and Techniques

This unit standard must be completed, and

Use Labour Intensive Construction Methods to Construct and Maintain Roads and Storm Water Drainage

any one of these 3 unit standards Use Labour Intensive Construction Methods to

Construct and Maintain Water and Sanitation Services Use Labour Intensive Construction Methods to Construct, Repair and Maintain Structures

Site Agent / Manager (i.e. the contractor’s most senior representative that is resident on the site)

5 Manage Labour Intensive Construction Processes Skills Programme against this single unit standard

LIC 4.2. Employment of unskilled and semi-skilled wo rkers in labour-intensive works LIC 4.2.1 Requirements for the sourcing and engagem ent of labour. LIC 4.2.1.1 Unskilled and semi-skilled labour required for the execution of all labour-intensive works shall be engaged strictly in accordance with prevailing legislation and SANS 1914-5, Participation of Targeted Labour. LIC 4.2.1.2 The rate of pay set for the SPWP is R 75 per day. LIC 4.2.1.3 Tasks established by the contractor must be such that: a) the average worker completes 5 tasks per week in 40 hours or less; and b) the weakest worker completes 5 tasks per week in 55 hours or less. LIC 4.2.1.4 The contractor must revise the time taken to complete a task whenever it is established that the time taken

to complete a weekly task is not within the requirements of 4.2.1.3. LIC 4.2.1.5 The Contractor shall, through all available community structures, inform the local community of the labour-

intensive works and the employment opportunities presented thereby. Preference must be given to people with previous practical experience in construction and / or who come from households:

a) where the head of the household has less than a primary school education; b) that have less than one full time person earning an income; c) where subsistence agriculture is the source of income. d) those who are not in receipt of any social security pension income LIC 4.2.1.6 The Contractor shall endeavour to ensure that the expenditure on the employment of temporary workers is

in the following proportions: a) 60 % women; b) 20% youth who are between the ages of 18 and 25; and c) 2% on persons with disabilities.

158

LIC 4.2.2 Specific provisions pertaining to SANS 1914- 5 LIC 4.2.2.1 Definitions Targeted labour: Unemployed persons who are employed as local labour and personnel on the project. LIC 4.2.2.2 Contract participation goals LIC 4.2.2.2.1There is no specified contract participation goal for the contract. The contract participation goal shall be measured in the performance of the contract to enable the employment provided to targeted labour to be quantified. LIC 4.2.2.2.2 The wages and allowances used to calculate the contract participation goal shall, with respect to both time-rated and task rated workers, comprise all wages paid and any training allowance paid in respect of agreed training programmes. LIC 4.2.2.3 Terms and conditions for the engagement of targeted labour Further to the provisions of clause 3.3.2 of SANS 1914-5, written contracts shall be entered into with targeted labour. LIC 4.2.2.2.4 Variations to SANS 1914-5 LIC 4.2.2.2.4.1The definition for net amount shall be amended as follows: Financial value of the contract upon completion, ex clusive of any value-added tax or sales tax which t he law requires the employer to pay the contractor. 4.2.2.2.4.2 The schedule referred to in 5.2 shall in addition reflect the status of targeted labour as women, youth and persons with disabilities and the number of days of formal training provided to targeted labour. LIC 4.2.2.2.5 Training of targeted labour LIC 4.2.2.2.5.1 The contractor shall provide all the necessary on-the-job training to targeted labour to enable such labour to master the basic work techniques required to undertake the work in accordance with the requirements of the contract in a manner that does not compromise worker health and safety. LIC 4.2.2.2.5.2 The cost of the formal training of targeted labour, will be funded by the provincial office of the Department of Labour. This training should take place as close to the project site as practically possible. The contractor, must access this training by informing the relevant provincial office of the Department of Labour in writing, within 14 days of being awarded the contract, of the likely number of persons that will undergo training and when such training is required. The employer must be furnished with a copy of this request. LIC 4.2.2.2.5.3 A copy of this training request made by the contractor to the DOL provincial office must also be faxed to the EPWP Training Director in the Department of Public Works– Cinderella Makunike, Fax Number 012 328 6820 or email [email protected] Tel: 083 677 4026. LIC 4.2.2.2.5.4 The contractor shall be responsible for scheduling the training of workers and shall take all reasonable steps to ensure that each beneficiary is provided with a minimum of six (6) days of formal training if he/she is employed for 3 months or less and a minimum of ten (10) days if he she is employed for 4 months or more. LIC 4.2.2.2.5.5 The contractor shall do nothing to dissuade targeted labour from participating in training programmes. LIC 4.2.2.2.5.4 An allowance equal to 100% of the task rate or daily rate shall be paid by the contractor to workers who attend formal training, in terms of 4…2.2.2.5.4 above. LIC 4.2.2.2.5.5 Proof of compliance with the requirements of 4…2.2.2.5.2 to 4…2.2.2.5.6 must be provided by the Contractor to the Employer prior to submission of the final payment certificate.

159

PSX PROJECT REPORTING

PSX 1 Project Reporting

Monthly payment certificates to be submitted to the Engineer no later than the 15th of each month. Failing to comply with the above would result in late payment. The following forms are required to be completed monthly and submitted to the Engineer at the monthly site meeting. In addition to the forms mentioned an updated monthly programme, plant schedule, rainfall, site request, site instructions, financial records and health & safety meeting minutes are to be submitted at the monthly site meeting. The rates tendered shall cover the costs of complying with this Clause and no additional payment will be made in this regard.

PSX 1.1 Actual Employment Generation

PSX 1.2 Training Activities

15.1.1 Actual Number of persons employed

Occupational Category

Total Adult Youth Disabled

Women Men Female Male Female Male

Persons

Person

Days

Persons

Person

Days

Persons

Person

Days

Persons

Person

Days

Persons

Person

Days

Persons

Person

Days

Persons

Person

Days

Clerical

Labourer

Managerial

Semi-skilled

Skilled

Supervisor

Total

Please note: - The definition of youth is any person under the age of 35 years. (18-35 Years) - Each person may only be counted once. If a person falls into more than one category, disabled persons take preference, then youth, then adults. - Must include all occupational categories (Clerical, Labourer, Managerial, Semi-skilled, Skilled and Supervisor).

15.1.2. Average daily wage per category Please note that the totals are calculated averages for the number of records submitted per category.

Occupational Category Category Average

Adult Youth Disabled


Daily wage Daily wage Daily wage Daily wage Daily wage Daily wage

Clerical

Labourer

Managerial

Semi-skilled

Skilled

Supervisor

Average of the Daily Wage

160

15.2.3 Categories of Accreditation

Note: NQF Level of Training Level 1 – General Education and Training Level 2,3,4 - Further Education and Training Level 5 - Higher Education and Training NSB Number: NSB 01: Agriculture and Nature Conservation NSB 02: Culture and Arts NSB 03: Business, Commerce and Management Studies NSB 04: Communication Studies and Language NSB 05: Education, Training and Development NSB 06: Manufacturing, Engineering and Technology NSB 07: Human and Social Studies NSB 08: Law, Military Science and Security NSB 09: Health Science and Social Services

NSB 10: Physical, Mathematical, Computer and Life Sciences NSB 11: Services NSB 12: Physical Planning and Construction

Training Type If Accredited

NSB Number NQF Level ETQA/ CETA

Administration

Technical

Life skills / ISD

Literacy &Numeracy

Vocational Skills

Business Skills

Total Training

15.2.1 Non-Accredite d Training

Training Type



Persons

Trained

Training

Days

Persons

Person

Days

Persons

Person

Days

Persons

Person

Days

Persons

Person

Days

Persons

Person

Days

Persons

Person

Days

Administration

Technical

Life skills/ ISD

Literacy & Numeracy

Vocational Skills

Business Skills

Total Training

15.2.2 Accredited Training

Training Type



Persons

Trained

Training

Days

Persons

Person

Days

Persons

Person

Days

Persons

Person

Days

Persons

Person

Days

Persons

Person

Days

Persons

Person

Days

Administration

Technical

Life skills/ ISD

Literacy & Numeracy

Vocational Skills

Business Skills

Total Training

161

PSX 1.3 SMME's Used Since the Start of the Project:

Please remember to include all the SMME's that worked on the project since it started. Then add all the person days and all the funds paid to each SMME since the start of the project, and only record the latest total in the table. For example, if a SMME completed all their work during the first reporting period, the name and details of that SMME must be added to every subsequent report.

SMME

Information about the SMME.

(If it is a subsidiary: provide

information for whole group

and not for the SMME only)

Information about the work on the PROJECT

Name of SMME

No. of permanent employees

Turnover previous 12

months

Total no. of person days to

date

Amount paid to SMME to date.

(Total)

Person days locally sourced: 0-25% 26-50%

51-75% 75-100%

Total value of work: SMME Involvement

PSX 1.4 BEE Used Since the Start of the Project:

Note that Black Economic Empowerment (BEE) Organisations are referred to in the table below as Affirmable Business Enterprises (ABE’s). The definition of an ABE is as per the Department of Public Works definition: A sole trader, partnership or legal entity which adheres to statutory labour practises, is registered with South African revenue Services and is a continuing and independent enterprise for profit, providing a commercially useful function and for which at least two thirds (67%) is owned by one or more PDI’s and whose management and daily business operations are in control of one or more PDI’s who effectively own it, and provided that the annual average turnover excluding VAT, does not exceed the maximum values given for each respective ABE category. Please remember to include all the ABE's that worked on the project since it started. Then add all the person days and all the funds paid to each ABE since the start of the project, and only record the latest

ABE

Information about the abe. (If it is a subsidiary: provide information for whole group

and not for the ABE only)

Information about the work on the PROJECT

Name of

ABE

No. of permanent employees

Turnover previous 12

months

Total no. of person days to

date

Amount paid to ABE to date.

(Total)

Person days locally sourced: 0-25% 26-50%

51-75% 75-100%

Total value of work: SMME Involvement

162

163

C4. Site Information

LOCALITY PLAN AND DRAWINGS

164

165

166

167

168

169

170

171

172

173