SAKHISIZWE LOCAL MUNICIPALITY CONTRACT NO.: R/EC/6367/09/09 CONSTRUCTION OF MANZANA ACCESS ROADS NOVEMBER 2019 NAME OF BIDDER : TENDER AMOUNT : CLOSING DATE : 21 NOVEMBER 2019 CLOSING TIME : 12H00 ISSUED BY: PREPARED BY: The Municipal Manager 2 Willow Glen P. O. Box 26 Kliping Street Cala East London 5455 5247 Tel. No. (047) 877 5200 Tel. No. (043) 726 1216
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SAKHISIZWE LOCAL MUNICIPALITY
CONTRACT NO.: R/EC/6367/09/09
CONSTRUCTION OF MANZANA ACCESS ROADS
NOVEMBER 2019
NAME OF BIDDER :
TENDER AMOUNT :
CLOSING DATE : 21 NOVEMBER 2019
CLOSING TIME : 12H00
ISSUED BY: PREPARED BY:
The Municipal Manager 2 Willow GlenP. O. Box 26 Kliping StreetCala East London5455 5247
Tel. No. (047) 877 5200 Tel. No. (043) 726 1216
Project: R/EC/6367/09/09: Construction of Manzana Access Roads
T1.1 Tender Notice and invitation to tenderT1.2 Tender DataT2.1 List of Returnable DocumentsT2.2 Returnable Documents for tender evaluation purposesT2.3 Returnable Documents to be incorporated into the contract
CONTRACT
Part 1: Agreements and Contract dataC1.1 Forms of Offer and AcceptanceC1.2 Contract DataC1.3 Special ConditionC1.4 Occupational Health and Safety Specification
Part 2: Pricing DataC2.1 Pricing InstructionsC2.2 Bill of Quantities
Part 3: Scope of WorkC3 Scope of Work
Part 4: Site InformationC4 Site information (if relevant)
Part 5: Additional Relevant Documents
Part 6: Contract Drawings
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT1.1 Tender Notice and Invitation to Tender
The conditions of tender are the Standard Conditions of Tender as contained in Annexure F of the 10 July2015 edition of the CIDB Standard for Uniformity in Construction Procurement. The Standard Conditions ofTender Procurements make several references to the Tender Data for details that apply specifically to theTender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency betweenit and the standard conditions of Tender. Each item of data given below is cross-referenced to the clause in theStandard Conditions of Tender to which it mainly applies.
Please note that the word “Client” is used in this document and referred to as “Employer” in the StandardConditions of Tender document.ClauseNumber
F.1 GeneralF.1.1 The Client is:
Sakhisizwe Local Local MunicipalityP. O. Box 26Cala5455
F.1.2 The Tender documents issued by the Client comprise:
TenderT1.1 Tender Notice and invitation to tenderT1.2 Tender DataT2.1 List of Returnable DocumentsT2.2 Returnable Documents for tender evaluation purposesT2.3 Returnable Documents to be incorporated into the contract
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT1.2 Tender Data
ContractPart 1: Agreements and Contract dataC1.1 Forms of Offer and AcceptanceC1.2 Contract DataC1.3 Occupational health and safety specificationC1.4 Health and Safety SpecificationPart 2: Pricing DataC2.1 Pricing InstructionsC2.2 Bill of QuantitiesPart 3: Scope of WorkC3.1 Description of the WorksC3.2 Applicable Standardised SpecificationsC3.3 Variations and Additions to the Standardised and Particular SpecificationsC3.4 Particular Specification Environmental Management PlanPart 4: Site InformationC4 Site informationPart 5: Additional Relevant DocumentsPart 6: Contract Drawings
F1.3F.1.3.1
F.1.3.2
InterpretationThe tender data and additional requirements contained in the tender schedules that are included inthe returnable documents are deemed to be part of these tender conditions.
These conditions of tender, the tender data and tender schedules which are only required for tenderevaluation purposes, shall not form part of any contract arising from the invitation to tender.
F.1.4 Communication:Each communication between the employer and a tenderer shall be to or from the employer's agentonly, and in a form that can be readily read, copied and recorded. Communications shall be in theEnglish language. The employer shall not take any responsibility for non-receipt of communicationsfrom or by a tenderer. The name and contact details of the employer’s agent are stated in the tenderdata.Contact person: Mr. C. MkabileTel: 047 877 5200
Employers Agent Contact person: Mr. M. MafikaTell: 043 726 1216
F.1.5 Cancellation and Re-Invitation of TendersF.1.5.1
F.1.5.2
An organ of state may, prior to the award of the tender, cancel a tender if-(a) Due to changed circumstances, there is no longer a need for the services, works or goodsrequested; or(b) Funds are no longer available to cover the total envisaged expenditure; or(c) No acceptable tenders are received.
The decision to cancel a tender must be published in the cidb website and in the government TenderBulletin for the media in which the original tender invitation was advertised.
F.1.6 Procurement proceduresF.1.6.1 General
a contract will, subject to F.3.13, be concluded with the tenderer who in terms of F.3.11 is the highestranked or the tenderer scoring the highest number of tender evaluation points, as relevant, based onthe tender submissions that are received at the closing time for tenders.
F.2 Tenderer’s obligations
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT1.2 Tender Data
F.2.1 EligibilityOnly those tenders who are registered with CIDB and have in their employ management andsupervisory staff satisfying the requirement of the scope of work for labour intensive competencies forsupervisory and management staff are eligible to submit tenders.
F.2.1 CIDB GradingThe required CIDB grading for this project is 3CE PE or 4CE or higher.
F.2.2 Cost of tenderingAccept that the Employer will not compensate the tenderers for any costs incurred in the preparationand submission of a tender offer, including the costs of any testing necessary to demonstrate thataspects of the offer satisfy requirements.
F.2.3 Check documentsCheck the tender documents on receipt for completeness and notify the employer of any discrepancyor omission.
F.2.4 Confidentiality and copyrightTreat as confidential all matters arising in connection with the tender. Use and copy the documentsissued by the employer only for the purpose of preparing and submitting a tender offer in response tothe invitation.
F.2.5 Reference documentsObtain, as necessary for submitting a tender offer, copies of the latest versions of standards,specifications, conditions of contract and other publications, which are not attached but which areincorporated into the tender documents by reference.
F2.6 Acknowledge AddendaAcknowledge receipt of addenda to the tender documents, which the employer may issue, and ifnecessary apply for an extension of the closing time stated in the tender data, in order to take theaddenda into account.
F.2.7 Tenderers must be represented at the clarification meeting by a person who is suitably qualified andExperienced to comprehend the implications of the work involved.
The tenderer’s representative must sign the attendance register in the name of the tendering entityand ensure that they have obtained the site inspection certificate.
The arrangements for a compulsory clarification meeting are:Date: 08 November 2019Starting time: 10HOO
Location: Cala Town Hall
F.2.8 Seek clarificationRequest clarification of the tender documents, if necessary, by notifying the employer at least fiveworking days before the closing time stated in the tender data.
F2.10 Pricing the tender offerF.2.10.1 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes (except Value
Added Tax (VAT), and other levies payable by the successful tenderer, such duties, taxes and leviesbeing those applicable 14 days before the closing time stated in the tender data.
F.2.10.2 Show VAT payable by the employer separately as an addition to the tendered total of the prices.F.2.10.4 State the rates and prices in South African Rand
F2.11 Alterations to documentsDo not make any alterations or additions to the tender documents, except to comply with instructionsissued by the employer, or necessary to correct errors made by the tenderer. All signatories to thetender offer shall initial all such alterations. Erasures and the use of masking fluid are prohibited.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT1.2 Tender Data
F.2.12 Alternative tender offersAlternative offers may be submitted only if a main tender offer, strictly in accordance with all therequirements of the tender documents, is also submitted. The alternative tender offer is to besubmitted with the main tender offer together with a schedule that compares the requirements of thetender documents with the alternative requirements the tenderer proposes.
F.2.13F.2.13.5
Submitting a tender offerThe Client’s address for delivery of Tender offers and identification details to be shown on eachTender offer package are:Location of Tender box: Tender box in Sakhisizwe Municipal offices ERF 5556, between the hours08HOO till 16HOO.Physical address: ERF 5556, Umthatha Road, Cala, Eastern Cape
F.2.14 Information and data to be completed in all respectsAccept that tender offers, which do not provide all the data or information requested completely and,in the form, required, may be regarded by the employer as non-responsive.
F.2.15 Closing timeThe closing times for submission of Tenders are 10:00 am on 21 November 2019.
F.2.15 Telephonic, telegraphic, telex, facsimile or e-mailed Bid offers will not be accepted.F.2.16 Tender offer validity
The Tender offer validity period is 90 Days as stated in the tender data.F.2.17 Clarification of tender offer after submission
The tenderer shall provide clarification of a tender offer in response to a request to do so from theemployer during the evaluation of tender offers. This may include providing a breakdown of rates orprices and correction of arithmetical errors by the adjustment of certain rates or item prices (or both).No change in the competitive position of tenderers or substance of the tender offer is sought, offered,or permitted.
F.2.18 Provide other materialThe tenderer shall, when requested by the Employer to do so, Provide, on request by the employer,any other material that has a bearing on the tender offer, the tenderer’s commercial position (includingnotarized joint venture agreements), preferencing arrangements, or samples of materials, considerednecessary by the employer for the purpose of a full and fair risk assessment.Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided,by the time for submission stated in the employer’s request, the employer may regard the tender offeras non-responsive
F2.20 Submit securities, bonds, policiesSubmit to the employer before formation of the contract, certificates of insurance required in terms ofthe conditions of contract identified in the contract data.
F.2.23 The tenderer is required to submit with his tender:(1) an original valid Tax Clearance Certificate issued by the South African Revenue Services; and(2) Certified copy of the original of all the Companies / CC Registration documents.(3) Joint Venture Agreement (signed and initialed on each page).(4) Proof of registration with CIDB(5) Certified copies of the original green bar-coded ID copies of Members of the companies.
F.3 The employer’s undertakingsF.3.1 Respond to requests from the tenderer
F.3.1.1 Respond to a request for clarification received up to five working days before the tender closing timestated in the Tender Data and notify all tenderers who drew procurement documents.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT1.2 Tender Data
F.3.2 Issue AddendaIf necessary, issue addenda that may amend or amplify the tender documents to each tenderer duringthe period from the date that tender documents are available until three days before the tender closingtime stated in the Tender Data. If, as a result a tenderer applies for an extension to the closing timestated in the Tender Data, the Employer may grant such extension and, shall then notify all tendererswho drew documents.
F.3.4 Opening of tender submissionsF.3.4.1 The employer shall open valid tender submissions in the presence of tenderers’ agents who choose to
attend at the time and place stated in the tender data. Tender submissions for which acceptablereasons for withdrawal have been submitted will not be opened.
F.3.4.2 Announce at the meeting held immediately after the opening of tender submissions, at a venueindicated in the tender data, the name of each tenderer whose tender offer is opened and, whereapplicable, the total of his prices, preferences claimed and time for completion for the main tenderoffer only.
F.3.4.3 The client shall not be obliged to make available the record outlined in F.3.4.2 to any tenderer who failto attend the tender opening.
F.3.6 Non-disclosureThe client shall not disclose to tenderers, or to any other person not officially concerned with suchprocesses, information relating to the evaluation and comparison of tender offers, the final evaluationprice and recommendations for the award of a contract, until after the award of the contract to thesuccessful tenderer.
F.3.7 Grounds for rejection and disqualificationDetermine whether there has been any effort by a tenderer to influence the processing of tender offersand instantly disqualify a tenderer (and his tender offer) if it is established that he engaged in corruptor fraudulent practices.
F3.9 Arithmetical errors, omissions and discrepanciesF.3.9.1 Check the highest ranked tender or tenderer with the highest number of tender evaluation points after
the evaluation of tender offers in accordance with F.3.11 for:
a) the gross misplacement of the decimal point in any unit rate;b) omissions made in completing the pricing schedule or bills of quantities; orc) arithmetic errors in:
i. line item totals resulting from the product of a unit rate and a quantity in bills ofquantities or schedules of prices; or
ii. The summation of the prices.F.3.9.2 Notify the tenderer of all errors or omissions that are identified in the tender offer and invite the
tenderer to either confirm the tender offer as tendered or accept the corrected total of prices.
Where the tenderer elects to confirm the tender offer as tendered, the employer must correct thearithmetical errors in the following manner:
a) Where there is a discrepancy between the amounts in words and amounts in figures, the amount inwords shall govern.b) If bills of quantities or pricing schedules apply and there is an error in the line item total resultingfrom the product of the unit rate and the quantity, the line item total shall govern, and the rate shall becorrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, theline item total as quoted shall govern, and the unit rate shall be corrected.c) Where there is an error in the total of the prices either as a result of other corrections required bythis checking process or in the tenderer's addition of prices, the total of the prices shall govern, andthe tenderer will be asked to revise selected item prices (and their rates if bills of quantities apply) toachieve the tendered total of the prices.
Consider the rejection of a tender offer if the tenderer does not correct or accept the correction of thearithmetical error in the manner described above.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT1.2 Tender Data
F.3.10 Clarification of a tender offerObtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arisingfrom the tender offer.
F.3.11 Evaluation of tender offers
Replace the contents of the entire sub-clause with the following:
Responsive bids will be evaluated in two stages, Stage 1 and Stage 2. Stage 1 will entail theevaluation of bids for Quality/Functionality as per the criteria detailed below. Stage 2 of the evaluationwill be as per Method 2 of table F.1 of SANS 294: 2004, Financial Offer & Preferences. Only bidderswho score at least 60 points for Stage 1 (Quality/Functionality) will proceed to Stage 2. All bids thatscore less than 70 points will therefore be rejected as non-responsive. Nevertheless, SakhisizweLocal Municipality retains the right to accept any bid.
Compliance with Bid Rules and other RequirementsThe bids will initially be checked to ensure that they comply with the bid rules and all otherrequirements of the bid document. In particular the following documentation must be completedand/or included within the bid.
The form of Offer and acceptance
Audited financial statements for any tender price over R10million
Certified company registration documents and ID of members
Form C: Compulsory Enterprise Questionnaire
Form D: Certificate of Authority for Signature
Form E: Amendments, Qualifications and Alternatives
Form H: Certificate of Good Standing
Form I: Relevant experience
Form J: Details of key staff and CVs
Form M: Preference Points Claim Form in Terms of the Preferential Procurement Regulations2017
Note:
All information supporting the above forms such as Curricula Vitae of staff who will work onthe project and their functions, details of ownership, relevant experience etc.
Addenda issued during the bid period, if any.
The pricing schedules
Failure to supply the required information will compromise the bid
Stage 1: Evaluation of Quality/Functionality
Only bidders who score 70 points or more on Stage 1 will be evaluated further and therefore eligiblefor award. Bids that score less than 70 points will be rejected as non-responsive.
The maximum score for functionality shall be 100, distributed as follows:
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT1.2 Tender Data
STAGE 1: FUNCTIONALITY/QUALITY EVALUATIONFunctionality (see detailed criteria below) 100
Experience & Qualification of Project Team 30 Four similar Projects completed with completion certificate 30 Methodology 20 Financial Standing of Tenderer 20
Tender functionality / quality claimedCategory of Quality / Functionality Maximum
tenderevaluation
pointsprovided
B1.1 Company Experience with respect to similar projects will get maximumpoints (attach proof).Detailed documentation with clear project name, project description,reference, time frames, client satisfaction with contactable reference andproject cost with completion certificate
30
Completed at least 4 roads projects each of at least R 2 Million and above,attach Completion Certificate of each Project in order for you to gainmaximum points.
30
Completed at least 3 roads projects each of at least R 2 Million and above,attach Completion Certificate of each Project in order for you to gain relevantpoints.
20
Completed at least 2 roads projects each of at least R 2 Million and above,attach Completion Certificate of each Project in order for you to gain relevantpoints.
10
Completed at least 1 roads projects each of at least R 2 Million and above,attach Completion Certificate of each Project in order for you to gain relevantpoints.
5
No Experience in roads, no roads project completed 0
B1.2 Experience & Qualification of Project Team and relevant qualificationswill get maximum points (attach proof).
30
Site Agent: who has vast experience in Civil Engineering Construction workmore than 5 years as qualified in ND Civil Engineering and NQF Level 5Certificate in labour Construction Methods. Attach CV and QualificationCertificates for easy reference
15
Forman: who has vast experience In Civil Engineering Construction Projectmore than 10 ten years attach CV with contactable reference
10
Attach detailed Organogram of Personnel who will be assigned to the projectclear define their duties (CV to be attached with certified copies) for easyreference
5
B1.3 Methodology:attach proof in order for you to get maximum points
20
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT1.2 Tender Data
Schedule of Works will get maximum points (attach requiredinformation).
10
Programme of works clearly define activities of works must be done on MSProject (Compulsory)
3
Projected cash flows for the duration of the contract 2Methodology statement indicates on how activities are going to be executedand shows all management skills
5
B1.4 Availability of key plant and equipment will get maximum points (attachproof).
10
Contractor who owns 4 (four) of the required machinery and will supply all themachinery required for the execution of the contract (Grader, Excavator fittedwith bucket or rock breaker/TLB/Tipper Trucks/compaction equipment) andthe machinery /equipment is available for the commencement of the project.Attach proof for easy reference
10
Contractor who will hire 4 (four) of the required machinery and have a writtenagreement with the Plant Hire to supply all the machinery required for theexecution of the contract (Grader, Excavator fitted with bucket or rockbreaker/TLB/Tipper Trucks/compaction equipment) and the machinery/equipment is available for the project.
5
Contractor who will hire 3 (three) of the required machinery and have a writtenagreement with the Plant Hire to supply all the machinery required for theexecution of the contract (Grader, Excavator fitted with bucket or rockbreaker/TLB/Tipper Trucks/compaction equipment) and the machinery/equipment is available for the project.
3
NOTE: The tenderer should provide evidence by means of certificates ofownership to prove that he owns the Equipment.
B1.5 Financial Standing of Tenderer (attach proof). 20Bank recommendation relating to the financial capability of the contractor tofinance the proposed contract. Rating A – undoubted/excellent
20
Bank recommendation relating to the financial capability of the contractor tofinance the proposed contract. Rating B – good for amount quoted
10
Bank recommendation relating to the financial capability of the contractor tofinance the proposed contract. Rating C – average/good if strictly in line ofbusiness.
5
Total Score for Experience, Expertise and Methodology 100
STAGE 2: EVALUATION FOR PRICE AND PREFERENCE (80/20)
The procedure for Stage 2 of evaluation of responsive tenders is Method 2
a) PRICE: ……………………………………………………… 80
b) B-BBEE STATUS LEVEL OF CONTRIBUTION: …...… 20
Points Awarded for Price (Ps)A total of 80 points will be awarded to the Tenderer with the lowest balanced price. The othertenders will be awarded points on the ratio to bench mark price as follows
Where
Ps = Points scored for price of bid under considerationPt = Rand value of bid under considerationPmin = Rand value of lowest acceptable bid
min
min180
P
PPtPs
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT1.2 Tender Data
c) Points awarded for B-BBEE Status Level of Contribution
In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference pointsmust be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance withthe table below:
B-BBEE status level of contributor Number of points1 202 183 164 125 86 67 48 2Non-compliant contributor 0
The total calculated points will be rounded to the second decimal place.F.3.13 Acceptance of tender offerF3.13.1 Accept the tender offer, if in the opinion of the employer, it does not present any unacceptable
commercial risk and only if the tenderer:
a) is not under restrictions, or has principals who are under restrictions, preventing participating in theemployer’s procurement,b) can, as necessary and in relation to the proposed contract, demonstrate that he or she possessesthe professional and technical qualifications, professional and technical competence, financialresources, equipment and other physical facilities, managerial capability, reliability, experience andreputation, expertise and the personnel, to perform the contract,c) has the legal capacity to enter into the contract,d) is not insolvent, in receivership, bankrupt or being wound up, has his affairs administered by a courtor a judicial officer, has suspended his business activities, or is subject to legal proceedings in respectof any of the foregoing,e) complies with the legal requirements, if any, stated in the tender data, andf) is able, in the opinion of the employer, to perform the contract free of conflicts of interest.
F.3.14 Prepare contract documentsIf necessary, revise documents that shall form part of the contract and that were issued by theemployer as part of the tender documents to take account of:
a) addenda issued during the tender period,b) inclusion of some of the returnable documents,c) Other revisions agreed between the employer and the successful tenderer.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT1.2 Tender Data
F.2.1.1 Submit a tender offer only if the tenderer satisfies the criteria stated in the tender data and the tenderer,
or any of his principals, is not under any restriction to do business with employer.
F.2.1.2 Notify the employer of any proposed material change in the capabilities or formation of the tendering
entity (or both) or any other criteria which formed part of the qualifying requirements used by the employer as the
basis in a prior process to invite the tenderer to submit a tender offer and obtain the employer’s written approval
to do so prior to the closing time for tenders.
F.2.2 Cost of tendering
F2.2.1 Accept that, unless otherwise stated in the tender data, the employer will not compensate the tenderer for
any costs incurred in the preparation and submission of a tender offer, including the costs of any testing
necessary to demonstrate that aspects of the offer complies with requirements.
F2.2.2 The cost of the tender documents charged by the employer shall be limited to the actual cost incurred by
the employer for printing the documents. Employers must attempt to make available the tender documents on its
website so as not to incur any costs pertaining to the printing of the tender documents.
F.2.3 Check documentsCheck the tender documents on receipt for completeness and notify the employer of any discrepancy or
omission.
F.2.4 Confidentiality and copyright of documentsTreat as confidential all matters arising in connection with the tender. Use and copy the documents issued by
the employer only for the purpose of preparing and submitting a tender offer in response to the invitation.
F.2.5 Reference documentsObtain, as necessary for submitting a tender offer, copies of the latest versions of standards, specifications,
conditions of contract and other publications, which are not attached but which are incorporated into the tender
documents by reference.
F.2.6 Acknowledge addendaAcknowledge receipt of addenda to the tender documents, which the employer may issue, and if necessary
apply for an extension to the closing time stated in the tender data, in order to take the addenda into account.
F.2.7 Clarification meetingAttend, where required, a clarification meeting at which tenderers may familiarize themselves with aspects of the
proposed work, services or supply and raise questions. Details of the meeting(s) are stated in the tender data.
F.2.8 Seek clarificationRequest clarification of the tender documents, if necessary, by notifying the employer at least five working days
before the closing time stated in the tender data.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT1.2 Tender Data
F.2.13.1 Submit one tender offer only, either as a single tendering entity or as a member in a joint venture to
provide the whole of the works, services or supply identified in the contract data and described in the scope of
works, unless stated otherwise in the tender data.
F.2.13.2 Return all returnable documents to the employer after completing them in their entirety, either
electronically (if they were issued in electronic format) or by writing legibly in non-erasable ink.
F.2.13.3 Submit the parts of the tender offer communicated on paper as an original plus the number of copies
stated in the tender data, with an English translation of any documentation in a language other than English, and
the parts communicated electronically in the same format as they were issued by the employer.
F.2.13.4 Sign the original and all copies of the tender offer where required in terms of the tender data. The
employer will hold all authorized signatories liable on behalf of the tenderer. Signatories for tenderers proposing
to contract as joint ventures shall state which of the signatories is the lead partner whom the employer shall hold
liable for the purpose of the tender offer.
F.2.13.5 Seal the original and each copy of the tender offer as separate packages marking the packages as
"ORIGINAL" and "COPY". Each package shall state on the outside the employer's address and identification
details stated in the tender data, as well as the tenderer's name and contact address.
F.2.13.6 Where a two-envelope system is required in terms of the tender data, place and seal the returnable
documents listed in the tender data in an envelope marked “financial proposal” and place the remaining
returnable documents in an envelope marked “technical proposal”. Each envelope shall state on the outside the
employer’s address and identification details stated in the tender data, as well as the tenderer's name and
contact address.
F.2.13.7 Seal the original tender offer and copy packages together in an outer package that states on the
outside only the employer's address and identification details as stated in the tender data.
F.2.13.8 Accept that the employer will not assume any responsibility for the misplacement or premature opening
of the tender offer if the outer package is not sealed and marked as stated.
F.2.13.9 Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer, unless
stated otherwise in the tender data.
F.2.14 Information and data to be completed in all respectsAccept that tender offers, which do not provide all the data or information requested completely and in the form
required, may be regarded by the employer as non-responsive.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT1.2 Tender Data
F.2.15.1 Ensure that the employer receives the tender offer at the address specified in the tender data not later
than the closing time stated in the tender data. Accept that proof of posting shall not be accepted as proof of
delivery.
F.2.15.2 Accept that, if the employer extends the closing time stated in the tender data for any reason, the
requirements of these conditions of tender apply equally to the extended deadline.
F.2.16 Tender offer validity
F.2.16.1 Hold the tender offer(s) valid for acceptance by the employer at any time during the validity period
stated in the tender data after the closing time stated in the tender data.
F.2.16.2 If requested by the employer, consider extending the validity period stated in the tender data for an
agreed additional period with or without any conditions attached to such extension.
F.2.16.3 Accept that a tender submission that has been submitted to the employer may only be withdrawn or
substituted by giving the employer’s agent written notice before the closing time for tenders that a tender is to be
withdrawn or substituted.
F.2.16.4 Where a tender submission is to be substituted, submit a substitute tender in accordance with the
requirements of F.2.13 with the packages clearly marked as “SUBSTITUTE”.
F.2.17 Clarification of tender offer after submissionProvide clarification of a tender offer in response to a request to do so from the employer during the evaluation
of tender offers. This may include providing a breakdown of rates or prices and correction of arithmetical errors
by the adjustment of certain rates or item prices (or both). No change in the competitive position of tenderers or
substance of the tender offer is sought, offered, or permitted.
Note: Sub-clause F.2.17 does not preclude the negotiation of the final terms of the contract with a preferred
tenderer following a competitive selection process, should the Employer elect to do so.
F.2.18 Provide other material
F.2.18.1 Provide, on request by the employer, any other material that has a bearing on the tender offer, the
tenderer’s commercial position (including notarized joint venture agreements), preferencing arrangements, or
samples of materials, considered necessary by the employer for the purpose of a full and fair risk assessment.
Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided, by the
time for submission stated in the employer’s request, the employer may regard the tender offer as non-
responsive.
F.2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT1.2 Tender Data
F.2.19 Inspections, tests and analysisProvide access during working hours to premises for inspections, tests and analysis as provided for in the
tender data.
F.2.20 Submit securities, bonds and policiesIf requested, submit for the employer’s acceptance before formation of the contract, all securities, bonds,
guarantees, policies and certificates of insurance required in terms of the conditions of contract identified in the
contract data.
F.2.21 Check final draftCheck the final draft of the contract provided by the employer within the time available for the employer to issue
the contract.
F.2.22 Return of other tender documentsIf so instructed by the employer, return all retained tender documents within 28 days after the expiry of the
validity period stated in the tender data.
F.2.23 CertificatesInclude in the tender submission or provide the employer with any certificates as stated in the tender data.
F.3 The employer’s undertakings
F.3.1 Respond to requests from the tenderer
F.3.1.1 Unless otherwise stated in the tender Data, respond to a request for clarification received up to five
working days before the tender closing time stated in the Tender Data and notify all tenderers who drew
procurement documents.
F.3.1.2 Consider any request to make a material change in the capabilities or formation of the tendering entity
(or both) or any other criteria which formed part of the qualifying requirements used to prequalify a tenderer to
submit a tender offer in terms of a previous procurement process and deny any such request if as a
consequence:
a) an individual firm, or a joint venture as a whole, or any individual member of the joint venture fails to meet any
of the collective or individual qualifying requirements;
b) the new partners to a joint venture were not prequalified in the first instance, either as individual firms or as
another joint venture; or
c) in the opinion of the Employer, acceptance of the material change would compromise the outcome of the
prequalification process.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT1.2 Tender Data
F.3.7 Grounds for rejection and disqualificationDetermine whether there has been any effort by a tenderer to influence the processing of tender offers and
instantly disqualify a tenderer (and his tender offer) if it is established that he engaged in corrupt or fraudulent
practices.
F.3.8 Test for responsiveness
F.3.8.1 Determine, after opening and before detailed evaluation, whether each tender offer properly received:
a) complies with the requirements of these Conditions of Tender,
b) has been properly and fully completed and signed, and
c) is responsive to the other requirements of the tender documents.
F.3.8.2 A responsive tender is one that conforms to all the terms, conditions, and specifications of the tender
documents without material deviation or qualification. A material deviation or qualification is one which, in the
Employer's opinion, would:
a) detrimentally affect the scope, quality, or performance of the works, services or supply identified in the Scope
of Work,
b) significantly change the Employer's or the tenderer's risks and responsibilities under the contract, or
c) affect the competitive position of other tenderers presenting responsive tenders, if it were to be rectified.
Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by correction or
withdrawal of the non-conforming deviation or reservation.
F.3.9 Arithmetical errors, omissions and discrepancies
F.3.9.1 Check the highest ranked tender or tenderer with the highest number of tender evaluation points after
the evaluation of tender offers in accordance with F.3.11 for:
a) The gross misplacement of the decimal point in any unit rate;
b) Omissions made in completing the pricing schedule or bills of quantities; or
c) Arithmetic errors in:
i) line item totals resulting from the product of a unit rate and a quantity in bills of quantities or
schedules of prices; or
ii) the summation of the prices.
F3.9.2 The employer must correct the arithmetical errors in the following manner:
a) Where there is a discrepancy between the amounts in words and amounts in figures, the amount in words
shall govern.
b) If bills of quantities or pricing schedules apply and there is an error in the line item total resulting from the
product of the unit rate and the quantity, the line item total shall govern and the rate shall be corrected. Where
there is an obviously gross misplacement of the decimal point in the unit rate, the line item total as quoted shall
govern, and the unit rate shall be corrected.
c) Where there is an error in the total of the prices either as a result of other corrections required by this
checking process or in the tenderer's addition of prices, the total of the prices shall govern and the tenderer will
be asked to revise selected item prices (and their rates if bills of quantities apply) to achieve the tendered total of
the prices.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT1.2 Tender Data
Consider the rejection of a tender offer if the tenderer does not correct or accept the correction of the
arithmetical error in the manner described above.
F.3.10 Clarification of a tender offerObtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from the
tender offer.
F.3.11 Evaluation of tender offers
F.3.11.1 GeneralAppoint an evaluation panel of not less than three persons. Reduce each responsive tender offer to a
comparative offer and evaluate them using the tender evaluation methods and associated evaluation criteria and
weightings that are specified in the tender data.
F.3.11.2 Method 1: Price and PreferenceIn the case of a price and preference:
1) Score tender evaluation points for price
2) Score points for BBBEE contribution
3) Add the points scored for price and BBBEE.
F.3.11.3 Method 2: Functionality, Price and PreferenceIn the case of a functionality, price and preference:
1) Score functionality, rejecting all tender offers that fail to achieve the minimum number of points for
functionality as stated in the Tender Data.
2) No tender must be regarded as an acceptable tender if it fails to achieve the minimum qualifying score
for functionality as indicated in the tender invitation.
3) Tenders that have achieved the minimum qualification score for functionality must be evaluated further
in terms of the preference points system prescribed in paragraphs 4 and 4 and 5 below.
The 80/20 preference point system for acquisition of services, works or goods up to Rand value of R50 million
4) (a)(i) The following formula must be used to calculate the points for price in respect of tenders( including price
quotation) with a rand value equal to, or above R 30 000 and up to Rand value of R 50 000 000 ( all applicable
taxes included):
Where
Ps = Points scored for comparative price of tender or offer under consideration;
Pt = Comparative price of tender or offer under consideration; and
Pmin = Comparative price of lowest acceptable tender or offer.
min
min180
P
PPtPs
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT1.2 Tender Data
F.3.14.2 Complete the schedule of deviations attached to the form of offer and acceptance, if any.
F.3.15 Complete adjudicator's contract
Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange for both
parties to complete formalities for appointing the selected adjudicator at the same time as the main contract is
signed.
F.3.16 Notice to unsuccessful tenderers
F.3.16.1 Notify the successful tenderer of the employer's acceptance of his tender offer by completing and
returning one copy of the form of offer and acceptance before the expiry of the validity period stated in the
tender data, or agreed additional period.
F.3.16.2 After the successful tenderer has been notified of the employer’s acceptance of the tender, notify other
tenderers that their tender offers have not been accepted.
F.3.17 Provide copies of the contractsProvide to the successful tenderer the number of copies stated in the Tender Data of the signed copy of the
contract as soon as possible after completion and signing of the form of offer and acceptance.
F.3.18 Provide written reasons for actions takenProvide upon request written reasons to tenderers for any action that is taken in applying these conditions of
tender, but withhold information which is not in the public interest to be divulged, which is considered to
prejudice the legitimate commercial interests of tenderers or might prejudice fair competition between tenderers.
F3.19 Transparency in the procurement process
F3.19.1 The cidb prescripts require that tenders must be advertised and be registered on the cidb i.Tender
system.
F3.19.2 The employer must adopt a transparency model that incorporates the disclosure and accountability as
transparency requirements in the procurement process.
F3.19.3 The transparency model must identify the criteria for selection of projects, project information template
and the threshold value of the projects to be disclosed in the public domain at various intervals of delivery of
infrastructure projects.
F3.19.4 The client must publish the information on a quarterly basis which contains the following information:
Procurement planning process
Procurement method and evaluation process
Contract type
Contract status
Number of firms tendering
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT1.2 Tender Data
The Tenderer must complete the following returnable documents:
T2.2 Returnable Documents required for Tender evaluation purposes1 Form 2.2.1 General Information of the Tenderer2 Form 2.2.2 Authority for Signatory / Certificate of Authority for Joint Ventures3 Form 2.2.3 Schedule of Previous Experience4 Form 2.2.4 Schedule of Current Projects5 Form 2.2.5 Declaration of good standing regarding tax6 Form 2.2.6 Certificate of Attendance at Site Meeting7 Form 2.2.7 Proposed Key Personnel8 Form 2.2.8 Schedule of Proposed Sub-Contractors9 Form 2.2.9 Financial References10 Form 2.2.10 Declaration of interest11 Form 2.2.11 Schedule of Construction Plant12 Form 2.2.12 Preliminary Programme13 Form 2.2.13 Preliminary Cashflow Projections14 Form 2.2.14 Alterations/Amendments by Bidder15 Form 2.2.15 Preference Points Claim Form in Terms of the Preferential
Procurement Regulations 201716 Form 2.2.16 Declaration of Bidder’s Past Supply Chain Management Practices16 Form 2.2.17 Certificate of Independent Bid Determination
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RETURNABLE DOCUMENTS REQUIRED FOR TENDER EVALUATION PURPOSES
Form 2.2.1 General Information of TendererForm 2.2.2 Authority of Signatory / Certificate of Authority for Joint VenturesForm 2.2.3 Schedule of Previous ExperienceForm 2.2.4 Schedule of Current ProjectsForm 2.2.5 Declaration of good standing regarding taxForm 2.2.6 Certificate of Attendance at Site MeetingForm 2.2.7 Proposed Key PersonnelForm 2.2.8 Schedule of Proposed Sub-ContractorsForm 2.2.9 Financial ReferencesForm 2.2.10 Declaration of interest
Form 2.2.11 Schedule of Construction PlantForm 2.2.12 Preliminary ProgrammeForm 2.2.13 Preliminary Cashflow ProjectionsForm 2.2.14 Alterations/Amendments by BidderForm 2.2.15 Preference Points Claim Form in Terms of the Preferential Procurement Regulations
2017Form 2.2.16 Declaration of Bidder’s Past Supply Chain Management PracticesForm 2.2.17 Certificate of Independent Bid Determination
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT2.1 List of Returnable Documents
Certified copies of CK1 or CK2 as applicable (Founding Statement)
2. For Companies
Certified copies of Shareholders register
3. ID copies
Certified ID Copies for members
4. CIDB registration
Proof of registration with CIDB
5. For Joint Venture Agreements
Copy of the Joint Venture Agreement between all the parties, as well as the certifieddocuments in (1), and or (2) and (4) and (4) of each Joint Venture member.
6. Copy of the latest municipal service account where enterprise is registered
7. BBBEE
Certified copies of BBBEE certificate
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Signatories for close corporations and companies shall confirm their authority by attaching to this form a dulysigned and dated original or certified copy of the relevant resolution of their members or their board ofdirectors, as the case may be.
"By resolution of the board of directors passed on (date).....................................................................
Provide the following information on relevant previous experience (indicate specifically projects of similar orlarger size and/or which is similar with regard to type of work).
DescriptionValue (R)
VATexcluded
Year(s)work
executed
Reference
Name Organisation Tel no
Name of Tenderer: ……………………………………………… Date: ……………………………
Signature: ……………………………………………...
Full name of signatory: ………………………………………………
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I, …………………………………… the undersigned, the above taxpayer/Bidder, hereby declare that my IncomeTax, Pay-As-You-Earn (PAYE) and Value-Added-Tax (VAT) obligations of the above-mentioned taxpayer,which include the rendition of returns and payment of the relevant taxes:
(i) Have been satisfied in terms of the relevant Acts; or
(ii) That suitable arrangements have been made with the Receiver of
Revenue,………………………………………..…………………….. to satisfy them.*
……………… …………………… ……………………………SIGNATURE CAPACITY DATE
PLEASE NOTE:* The declaration (ii) cannot be made unless formal arrangements have been madewith the Receiver of Revenue with regard to any outstanding revenue/outstandingtax returns.
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FORM 2.2.6 CERTIFICATE OF ATTENDANCE AT SITE MEETING
This is to certify that I, ……………………………….……………………………………… (Name)
duly authorised representative of ………………………………………………………….(Tenderer)
Address: …………………………………………………………………………
Date: ………………………………..
Visited the site on ……………………………..……(date) in the presence of
………………………………(Engineer)
I have made myself familiar with the site and all the local conditions likely to influence the work and thecost thereof.
I further certify that I am satisfied with the description of the work and explanations given by the said Engineerand that I understand perfectly the work to be done, as specified and implied, in the execution of this contract.
The Tenderer shall list below the key personne1 (including first nominee and the second-choice alternate),whom he proposes to employ on the project should his Tender be accepted, both at his headquarters and on theSite, to direct and for the execution of the work, together with their qualifications, experience, positions held andtheir nationalities.
No Name Qualification Designation HDIStatus
PRNumber
Name of Tenderer: ………………………………………… Date: ……………………………
Signature: ……………………………………………...
Full name of signatory: ………………………………………………
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I/We agree to furnish an audited copy of the latest set of financial statements together with my/our Directors' andAuditors' report for consideration by the Client.
DETAILS OF TENDERERS BANKING INFORMATION
I/We hereby authorise the Client/Engineer to approach all or any of the following banks for the purposes ofobtaining a financial reference:
BANK NAME:
ACCOUNT NAME: (e.g. ABC Civil Construction)
ACCOUNT TYPE: (e.g. Savings, Cheque etc)
ACCOUNT NO:
ADDRESS OF BANK:
CONTACT PERSON:
TEL. NO. OF BANK / CONTACT:
How long has this account been in existence:(Tick which isappropriate)
0-6 months7-12 months13-24 monthsMore than 24months
Name of Tenderer: ……………………………………………… Date: ……………………………
Signature: ……………………………………………...
Full name of signatory: ………………………………………………
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1. No bid will be accepted from persons in the service of the state¹.
2. Any person, having a kinship with persons in the service of the state, including a blood relationship, maymake 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 inservice of the state, it is required that the bidder or their authorised representative declare their position inrelation to the evaluating/adjudicating authority.
3 In order to give effect to the above, the following questionnaire must be completed and submittedwith the bid.
3.1 Full Name of bidder or his or her representative: ……………………………………………..
3.7 The names of all directors / trustees / shareholders members, their individual identity numbers andstate employee numbers must be indicated in paragraph 4 below.
3.8 Are you presently in the service of the state? YES / NO
3.8.1 If yes, furnish particulars. ….……………………………………………………………
……………………………………………………………………………………………..
¹MSCM Regulations: “in the service of the state” means to be –(a) a member of –
(i) any municipal council;(ii) any provincial legislature; or(iii) the national Assembly or the national Council of provinces;
(b) a member of the board of directors of any municipal entity;(c) an official of any municipality or municipal entity;(d) an employee of any national or provincial department, national or provincial public entity or constitutional
institution within the meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999);(e) a member of the accounting authority of any national or provincial public entity; or(f) an employee of Parliament or a provincial legislature.
² Shareholder” means a person who owns shares in the company and is actively involved in the managementof the company or business and exercises control over the company.
3.9 Have you been in the service of the state for the past twelve months? ………YES / NO
3.9.1 If yes, furnish particulars.………………………...……………………………………..
…………………………………………………………………………………………….
3.10 Do you have any relationship (family, friend, other) with persons in the service of the state and who maybe involved with the evaluation and or adjudication of this bid? ……………… YES / NO
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT2.1 List of Returnable Documents
3.10.1 If yes, furnish particulars.………………………………………………………………………………
………………………………………………………………………………
3.11 Are you, aware of any relationship (family, friend, other) between any other bidder and any personsin the service of the state who may be involved with the evaluation and or adjudication of this bid?
YES / NO
3.11.1 If yes, furnish particulars…………………………………………………………………………………
3.12 Are any of the company’s directors, trustees, managers, principle shareholders or stakeholders inservice of the state?
YES / NO
3.12.1 If yes, furnish particulars.
……………………………………………………………………………….
……………………………………………………………………………….
3.13 Are any spouse, child or parent of the company’s directors, trustees, managers, principleshareholders or stakeholders in service of the state?
YES / NO
3.13.1 If yes, furnish particulars.……………………………………………………………………………….
……………………………………………………………………………….
3.14 Do you or any of the directors, trustees, managers, principle shareholders, or stakeholders of thiscompany have any interest in any other related companies or business whether or not they arebidding for this contract. YES / NO
3.14.1 If yes, furnish particulars:……………………………………………………………………………..
……………………………………………………………………………..
4. Full details of directors / trustees / members / shareholders.
Full Name Identity Number State EmployeeNumber
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The Bidder shall state below what construction plant will be available for this Contract. The Bidder shalldifferentiate, if applicable, between construction plant immediately available and construction plant which willbecome available by virtue of outstanding orders and indicate what further construction plant will be acquired orhired for the work should he be awarded the Contract.
CONSTRUCTION PLANT IMMEDIATELY AVAILABLE
DESCRIPTION, SIZE, CAPACITY NUMBER
CONSTRUCTION PLANT ON ORDER
(State details of arrangements made, with delivery dates)
DESCRIPTION, SIZE, CAPACITY NUMBER
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The Bidder 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 formreflecting the proposed sequence and tempo of the various activities and the quantities that will be carried outevery week under each of the elements, comprising the work for this contract. The programme shall alsoindicate the point where the Bidder intends to commence work operations and the direction in which the work willproceed. The working hours shall be indicated.
The Bidder shall also take into account the additional requirements stated in the Project Specifications whendrawing up the programme.
Details of the preliminary programme shall be appended to this Schedule.
Number of sheets appended by the Bidder to this Schedule....................... (If nil, enter NIL).
Name of Tenderer: ……………………………………………… Date: ……………………………
Signature: ……………………………………………...
Full name of signatory: ………………………………………………
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The Bidder shall state their estimated expenditure indicating the values of each monthly claim, which theyestimate will arise based on his preliminary programme and bided rates, in the table below. The total of themonthly amounts shall be equal to the bid sum.
MONTH VALUE
1.
2.
3.
4.
R
R
R
R
SUBTOTAL
CONTINGENCIES (5%)
R
R
SUBTOTAL
VAT (15%)
R
R
TOTAL R (INCLUDING VAT @ 15%)
Name of Tenderer: ……………………………………………… Date: ……………………………
Signature: ……………………………………………...
Full name of signatory: ………………………………………………
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The Bidder should record any deviations or qualifications he may wish to make to the bid documents in thisReturnable Schedule. Alternatively, a Bidder may state such deviations and qualifications in a covering letterattached to his bid and reference such letter in this schedule.
If no deviations or modifications are desired, the schedule hereunder is to be marked NIL and signed by theBidder.
No alternative Bid will be considered unless a Bid free of qualifications and strictly on the basis of the BidDocuments is also submitted.
PAGE/ITEM CLAUSE/DESCRIPTION
Number of sheets appended by the Bidder to this Schedule....................... (If nil, enter NIL).
Name of Tenderer: ……………………………………………… Date: ……………………………
Signature: ……………………………………………...
Full name of signatory: ………………………………………………
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT2.1 List of Returnable Documents
MBD 6.1FORM 2.2.15 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE
PREFERENTIAL PROCUREMENT REGULATIONS 2017
This preference form must form part of all bids invited. It contains general information and serves as a claimform for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level ofContribution
NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS,DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED INTHE PREFERENTIAL PROCUREMENT REGULATIONS, 2017.
1. GENERAL CONDITIONS1.1 The following preference point systems are applicable to all bids:
- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicabletaxes included); and
- the 90/10 system for requirements with a Rand value above R50 000 000 (all applicabletaxes included).
1.2
a) The value of this bid is estimated not exceed R50 000 000 (all applicable taxes included) andtherefore the 80/20 preference point system shall be applicable; or
b) The 80/20 preference point system will be applicable to this tender
1.3 Points for this bid shall be awarded for:
(a) Price; and
(b) B-BBEE Status Level of Contributor.
1.4 The maximum points for this bid are allocated as follows:
POINTS
PRICE
B-BBEE STATUS LEVEL OF CONTRIBUTOR
Total points for Price and B-BBEE must not exceed 100
1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor together with thebid, will be interpreted to mean that preference points for B-BBEE status level of contribution are notclaimed.
1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any timesubsequently, to substantiate any claim in regard to preferences, in any manner required by thepurchaser.
2. DEFINITIONS
(a) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act;
(b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code ofgood practice on black economic empowerment, issued in terms of section 9(1) of the Broad-BasedBlack Economic Empowerment Act;
(c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by anorgan of state for the provision of goods or services, through price quotations, advertised
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(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black EconomicEmpowerment Act, 2003 (Act No. 53 of 2003);
(e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on blackeconomic empowerment issued in terms of section 9 (1) of the Broad-Based Black EconomicEmpowerment Act;
(f) “functionality” means the ability of a tenderer to provide goods or services in accordance withspecifications as set out in the tender documents.
(g) “prices” includes all applicable taxes less all unconditional discounts;
(h) “proof of B-BBEE status level of contributor” means:
1) B-BBEE Status levelcertificate issued by an authorized body or person;
2) A sworn affidavit asprescribed by the B-BBEE Codes of Good Practice;
3) Any other requirementprescribed in terms of the B-BBEE Act;
(i) “QSE” means a qualifying small business enterprise in terms of a code of good practice on blackeconomic empowerment issued in terms of section 9 (1) of the Broad-Based Black EconomicEmpowerment Act;
(j) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bidinvitation, and includes all applicable taxes;
3. POINTS AWARDED FOR PRICE
3.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMSA maximum of 80 or 90 points is allocated for price on the following basis:
80/20 or 90/10
min
min180
P
PPtPs or
min
min190
P
PPtPs
Where
Ps = Points scored for price of bid under consideration
Pt = Price of bid under consideration
Pmin = Price of lowest acceptable bid
4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points
must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with thetable below:
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5. BID DECLARATION5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the
following:
6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 4.16.1 B-BBEE Status Level of Contributor: ______ = _______ (maximum of 10 or 20 points)
(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected inparagraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of contributor.
7. SUB-CONTRACTING7.1 Will any portion of the contract be sub-contracted?
(Tick applicable box)
YES NO
7.1.1 If yes, indicate:
i) What percentage of the contract will be subcontracted............…………….…………%ii) The name of the sub-contractor…………………………………………………………..iii) The B-BBEE status level of the sub-contractor......................................……………..iv) Whether the sub-contractor is an EME or QSE
(Tick applicable box)
YES NO
v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms ofPreferential Procurement Regulations,2017:
Designated Group: An EME or QSE which is at last 51% owned by: EME√
QSE√
Black peopleBlack people who are youthBlack people who are womenBlack people with disabilitiesBlack people living in rural or underdeveloped areas or townshipsCooperative owned by black peopleBlack people who are military veterans
ORAny EMEAny QSE
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ManufacturerSupplierProfessional service providerOther service providers, e.g. transporter, etc.
[TICK APPLICABLE BOX]
8.7 MUNICIPAL INFORMATION
Municipality where business is situated: ….……………………………………………….
Registered Account Number: ………………………….
Stand Number: ……………………………………………….
8.8 Total number of years the company/firm has been in business: ……………………………
8.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify thatthe points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and 6.1of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / weacknowledge that:
i) The information furnished is true and correct;
ii) The preference points claimed are in accordance with the General Conditions as indicated inparagraph 1 of this form;
iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of thepurchaser that the claims are correct;
iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis orany of the conditions of contract have not been fulfilled, the purchaser may, in addition to anyother remedy it may have –
(a) disqualify the person from the bidding process;
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(b) recover costs, losses or damages it has incurred or suffered as a result of thatperson’s conduct;
(c) cancel the contract and claim any damages which it has suffered as a result ofhaving to make less favourable arrangements due to such cancellation;
(d) recommend that the bidder or contractor, its shareholders and directors, or onlythe shareholders and directors who acted on a fraudulent basis, be restricted bythe National Treasury from obtaining business from any organ of state for aperiod not exceeding 10 years, after the audi alteram partem (hear the otherside) rule has been applied; and
(e) forward the matter for criminal prosecution.
……………………………………….SIGNATURE(S) OF BIDDERS(S)
DATE: …………………………………..
ADDRESS …………………………………..
…………………………………..
…………………………………..
WITNESSES
1. ……………………………………..
2. …………………………………….
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MBD 8FORM 2.2.16 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN
MANAGEMENT PRACTICES
1 This Municipal Bidding Document must form part of all bids invited.
2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that whengoods and services are being procured, all reasonable steps are taken to combat the abuse of thesupply chain management system.
3 The bid of any bidder may be rejected if that bidder, or any of its directors have:
a. abused the municipality’s / municipal entity’s supply chain management system or committedany improper conduct in relation to such system;
b. been convicted for fraud or corruption during the past five years;c. willfully neglected, reneged on or failed to comply with any government, municipal or other
public sector contract during the past five years; ord. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and
Combating of Corrupt Activities Act (No 12 of 2004).
4 In order to give effect to the above, the following questionnaire must be completed andsubmitted with the bid.
Item Question Yes No4.1 Is the bidder or any of its directors listed on the National Treasury’s Database
of Restricted Suppliers as companies or persons prohibited from doingbusiness with the public sector?
(Companies or persons who are listed on this Database were informed inwriting of this restriction by the Accounting Officer/Authority of the institutionthat imposed the restriction after the audi alteram partem rule was applied).
The Database of Restricted Suppliers now resides on the NationalTreasury’s website(www.treasury.gov.za) and can be accessed by clickingon 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 Defaultersin terms of section 29 of the Prevention and Combating of Corrupt ActivitiesAct (No 12 of 2004)?The Register for Tender Defaulters can be accessed on the NationalTreasury’s website (www.treasury.gov.za) by clicking on its link at thebottom of the home page.
Yes No
4.2.1 If so, furnish particulars:
4.3 Was the bidder or any of its directors convicted by a court of law (including acourt of law outside the Republic of South Africa) for fraud or corruption duringthe past five years?
Yes No
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Item Question Yes No4.4 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 othermunicipality / municipal entity, that is in arrears for more than three months?
Yes No
4.4.1 If so, furnish particulars:
4.5 Was any contract between the bidder and the municipality / municipal entity orany other organ of state terminated during the past five years on account offailure to perform on or comply with the contract?
Yes No
4.7.1 If so, furnish particulars:
CERTIFICATION
I, THE UNDERSIGNED (FULL NAME) …………..……………………………..……CERTIFY THAT THE INFORMATION FURNISHED ON THISDECLARATION FORM TRUE AND CORRECT.
I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKENAGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.
………………………………………... …………………………..Signature Date
………………………………………. …………………………..Position Name of Bidder
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MBD 9FORM 2.2.17 CERTIFICATE OF INDEPENDENT BID DETERMINATION
1 This Municipal Bidding Document (MBD) must form part of all bids¹ invited.
2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement
between, or concerted practice by, firms, or a decision by an association of firms, if it is between
parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding
is a pe se prohibition meaning that it cannot be justified under any grounds.
3 Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must provide measuresfor the combating of abuse of the supply chain management system, and must enable the accountingofficer, 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 chainmanagement system of the municipality or municipal entity or has committed any improperconduct in relation to such system; and
c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent actduring the bidding process or the execution of the contract.
4 This MBD serves as a certificate of declaration that would be used by institutions to ensure that, when
bids are considered, reasonable steps are taken to prevent any form of bid-rigging.
5 In order to give effect to the above, the attached Certificate of Bid Determination (MBD 9) must be
completed and submitted with the bid:
¹ Includes price quotations, advertised competitive bids, limited bids and proposals.
² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to
compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers
who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an
agreement between competitors not to compete.
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(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.
³ Joint venture or Consortium means an association of persons for the purpose of combining theirexpertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.
10. I am aware that, in addition and without prejudice to any other remedy provided to combat any
restrictive practices related to bids and contracts, bids that are suspicious will be reported to the
Competition Commission for investigation and possible imposition of administrative penalties in terms
of section 59 of the Competition Act No 89 of 1998 and or may be reported to the National Prosecuting
Authority (NPA) for criminal investigation and or may be restricted from conducting business with the
public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of
Corrupt Activities Act No 12 of 2004 or any other applicable legislation.
………………………………………………… …………………………………
Signature Date
…………………………………………………. …………………………………
Position Name of Bidder
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Acceptable Tenders will be evaluated using a system that awards points on the basis of Tender price and themeeting of specific goals.
DEFINITIONS
“Acceptable Tender” means any Tender which, in all respects, complies with the conditions of Tender andspecifications as set out in the Tender document, including conditions as specified in the PreferentialProcurement Policy Framework Act (Act 5 of 2000) and the Supply Chain Management of Council.
“Council” refers to the Sakhisizwe Local Municipality.
“Equity ownership” refers to the percentage ownership and control, exercised by individuals within anenterprise and they are involved in the day to day running of the Company.
“HDI equity ownership” refers to the percentage of an enterprise, which is owned by individuals, or in the caseof a company, the percentage shares that are owned by individuals meeting the requirements of the definition ofa HDI.
“Historically disadvantaged individuals (HDIs)” means all South African citizens –
(i) Who had no franchise in national elections prior to the introduction of the 1983 and 1993 constitutions(Referred to as Previously Disadvantaged Individuals (PDIs) in this document)
(ii) Women(iii) Disabled persons.
“SMME’s” (small, medium and micro enterprises) refers to separate and distinct business entities, including co-operative enterprises and NGOs, managed by one owner or more, as defined in the National Small Business(Act 102 of 1996). Refer to the attached addendum for a definition of SMME’s for different economic sectors.Tenders are adjudicated in terms of NDM Procurement Policy, and the following framework is provided as aguideline in this regard.
1. Technical adjudication and General Criteria
Tenders will be adjudicated in terms of inter alia: Compliance with Tender conditions Technical specifications
If the Tender does not comply with the Tender conditions, the Tender will be rejected. If technicalspecifications are not met, the Tender may also be rejected.
With regard to the above, certain actions or errors are unacceptable, and warrants REJECTION OFTHE TENDER, for example:
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsT2.3 Returnable Documents
Certified or scanned copies of Tax Clearance Certificates. (Only valid original tax clearancecertificates must be attached to the Tender document).
Pages to be completed, removed from the Tender document, and have therefore not beensubmitted.
Failure to complete the schedule of quantities as required Scratching out without initialling next to the amended rates or information. Writing over / painting out rates / the use of tippex or any erasable ink, eg. Pencil. Failure to attend compulsory site inspections The Tender has not been properly signed by a party having the authority to do so, according to the
Form 2.2.2 – “Authority for Signatory” No authority for signatory submitted. Form of Offer not completed. Particulars required in respect of the Tender have not been provided – non-compliance of Tender
requirements and/or specifications. The Tenderer’s attempts to influence or has in fact influenced the evaluation and/or awarding of
the contract. The Tender has been submitted after the relevant closing date and time Each page of the Contract portion of this Tender document (Part C1 – C4) must be initialled by the
authorised person in order for the document to constitute a proper Contract between the Employer(GKLM) and the undersigned.
If any municipal rates and taxes or municipal service charges owed by that Tendered or any of itsdirectors to the municipality, or to any other municipality or municipal entity, are in arrears for morethan three months.
If any Tendered who during the last five years has failed to perform satisfactorily on a previouscontract with the municipality or any other organ of state after written notice was given to thatTendered that performance was unsatisfactory.
2. Size of enterprise and current workload
Evaluation of the Tenderer’s position in terms of:
Previous and expected current annual turnover Current contractual obligations Capacity to execute the contract
3. Staffing profile
Evaluation of the Tenderer’s position in terms of:
Staff available for this contract being Tendered for Qualifications and experience of key staff to be utilised on this contract
4. Financial ability to execute the contract:
Evaluation of the Tenderer’s financial ability to execute the contract. Emphasis will be placed on thefollowing:
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Contact the Tender’s bank manager to assess the Tenderer’s financial ability to execute thecontract and the Tendered hereby grants his consent for this purpose.
5. Good standing with SA Revenue Services
Determine whether an original valid tax clearance certificate has been submitted. The tenderer must affix an original valid Tax Clearance Certificate to page T2.2.9 of the Tender
document.
6. Penalties
The Sakhisizwe Local Municipality will if upon investigation it is found that a preference in terms of theContract has been obtained on a fraudulent basis, or any specified goals are not attained in theperformance of the contract, on discretion of the Municipal Manager, one or more of the followingpenalties will be imposed:
Cancel the contract and recover all losses or damages incurred or sustained from the tenderer. Impose a financial penalty of twice the theoretical financial preference associated with the claim,
which was made in the Tender. Restrict the suppliers, its shareholders and directors on obtaining any business from the Sakhisizwe
Local Municipality for a period of 5 years.
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I/We the undersigned, who warrants that he/she is duly authorised to do so on behalf of the firm, certifies thatthe items mentioned in part of the foregoing procurement form and returnable documents qualifies/qualify for thepreference(s) shown and acknowledge(s) that:
The information furnished is true and correct.
The contractor may be required to furnish documentary proof to the satisfaction of the Sakhisizwe LocalMunicipality that the claims are correct.
If the claims are found to be inflated, the Sakhisizwe Local Municipality may, in addition to any other remedy itmay have, recover from the contractor all cost, losses or damages incurred or sustained by the SakhisizweLocal Municipality as a result of the award of the contract and/or cancel the contract and claim any damageswhich the Sakhisizwe Local Municipality may suffer by having to make less favourable arrangements after suchcancellation.
Signature of Tenderer _________________________
Signed at _________________ on _____ day of ____________20_____
_________________________For the tenderer
WITNESSES:
1. _____________________________________
2. _____________________________________
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC1 Agreements and Contract Data
The employer, identified in the acceptance signature block, has solicited offers to enter into a contract
in respect of the following works: PROJECT: R/EC/6367/09/09: CONSTRUCTION OF MANZANAACCESS ROADS IN SAKHISIZWE LOCAL MUNICIPALITY
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.
By signing this part of this form of offer and acceptance, the employer identified below accepts thetenderer’s offer. In consideration thereof, the employer shall pay the contractor the amount due inaccordance with the conditions of contract identified in the contract data. Acceptance of the tenderer’soffer shall form an agreement between the employer and the tenderer upon the terms and conditionscontained 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 dataPart C3 Scope of work.Part C4 Site information
And drawings and documents or parts thereof, which may be incorporated by reference into theabove listed Parts.
Deviations from and amendments to the documents listed in the tender data and any addenda theretoas listed in the returnable schedules as well as any changes to the terms of the offer agreed by thetenderer and the employer during this process of offer and acceptance, are contained in the scheduleof deviations attached to and forming part of this form of offer and acceptance. No amendments to ordeviations 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 theschedule of deviations (if any), contact the employer’s agent (whose details are given in the contractdata) to arrange the delivery of any securities, bonds, guarantees, proof of insurance and any otherdocumentation to be provided in terms of the conditions of contract identified in the contract data.Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiationof this agreement.
Notwithstanding anything contained herein, this agreement comes into effect on the date when thetenderer receives one fully completed original copy of this document, including the schedule ofdeviations (if any). Unless the tenderer (now contractor) within five working days of the date of suchreceipt notifies the employer in writing of any reason why he cannot accept the contents of thisagreement, this agreement shall constitute a binding contract between the parties.1
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 ofagreements reached during the process of offer and acceptance, the outcome of suchagreement 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 becomesan obligation of the contract shall also be recorded here.
4. Any change or addition to the tender documents arising from the above agreements andrecorded here, shall also be incorporated into the final draft of the Contract.
By the duly authorised representatives signing this agreement, the employer and the tenderer agreeto and accept the foregoing schedule of deviations as the only deviations from and amendments tothe documents listed in the tender data and addenda thereto as listed in the returnable schedules, aswell as any confirmation, clarification or changes to the terms of the offer agreed by the tenderer andthe employer during this process of offer and acceptance.It is expressly agreed that no other matter whether in writing, oral communication or implied during theperiod between the issue of the tender documents and the receipt by the tenderer of a completedsigned copy of this Agreement shall have any meaning or effect in the contract between the partiesarising from this agreement.
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The following standardized General Conditions of Contract:
The General Conditions of Contract for Construction Works 2nd Edition (2015) Prepared by theSouth African Institution of Civil Engineering (SAICE) shall apply to and form the GeneralConditions of Contract for this contract. Copies of these conditions of contract are obtainablefrom the South African Institution of Civil Engineering (SAICE), Private Bag X200, HalfwayHouse 1685, Tel: (011) 805 5947, Fax: (011) 805 5971, e-mail: [email protected].
The General Conditions of Contract for Construction Works 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.
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C1.2.2 Data provided by the employerEach item of data given below is cross-referenced to the clause in the General Conditions of Contractfor Construction Works to which it mainly applies.
The following contract specific data are applicable to this Contract:
CONTRACT SPECIFIC DATA
The following contract specific data, referring to the General Conditions of Contract for ConstructionWorks, Second Edition, 2015, are applicable to this Contract:
Clause 1.1.1.13:The Defects Liability Period is 12 months.
Clause 1.1.1.14:The time for achieving Practical Completion is 4 Months.
Clause 1.1.1.15:The name of the Employer is Sakhisizwe Local Municipality represented by the Administratorand/or such other person or persons duly authorised thereto by the Employer in writing.
Clause 1.1.1.16:The name of the Engineer is Beacon Consulting Engineers, represented by Masibulele Mafikaand/or such other person or persons duly authorised thereto by the Employer in writing.
Clause 1.2.1.2:The address of the Employer is: P. O. Box 26, Cala 5455.
Physical: ERF 5556, UMthatha Road, Cala.
Tel: [047] 877 5200
Clause 1.2.1.2:The address of the Engineer is: 2 Willow Glen
Clause 1.1.1.26:The Pricing Strategy is a Re-measurement Contract
Clause 3.2.3: Special Approval of the Employer Required
The Engineer is required to obtain the specific approval of the Employer before executing any of thefollowing functions or duties:
1. Providing consent for subcontracting part of the contract in terms of Clause 4.4.2. The issuing of instructions for dealing with fossils and the like in terms of Clause 4.7.3. The reduction of a penalty for delay in terms of Clause 5.13.2.4. The determination of additional or reduced costs arising from changes in legislation in terms of
Clause 6.8.4.5. The agreeing of the adjustment of the sums for general items in terms of Clause 6.11.6. Authorizing the Contractor to repair and make good excepted risks in terms of Clause 8.2.2.2.7. The inclusion of credits in the next payment certificate in terms of Clause 10.1.5.2.
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Clause 4.3.3:The Employer and the Contractor shall enter into an agreement to complete the work required for theconstruction of the works in terms of the provisions of Section 37(2) of the Occupational Health andSafety Act (No. 85 of 1993) and the Construction Regulations promulgated there under, as well asany further requirements stipulated in this contract document.
Clause 4.3.4:The Contractor shall provide proof to the Employer, within 14 days of the Commencement Date, thathe/she has paid all contributions required in terms of the Compensation for Occupational Injuries andDiseases Act (Act No. 130 of 1993).
Clause 5.3: Commencement of WorksThe Contractor shall commence executing the Works within 28 days from the Commencement Date.Notwithstanding the above, the Contractor will not be permitted to commence executing the Worksbefore the Form of Guarantee and required insurances and other specified items have beensubmitted and approved
Clause 5.3.1:The documentation required before commencement with Works execution are:
Approved Health and Safety Plan (Refer to Clause 4.3)Initial programme (Refer to Clause 5.6)Accepted security (Refer to Clause 6.2)Insurance (Refer to Clause 8.6)
Clause 5.3.2:The time to submit the documentation required before commencement with Works execution is 28days.
Clause 5.4: Access to the SiteAdd the following clause after Clause 5.4.3:
Clause 5.4.4:The Contractor shall bear all costs and charges for special and temporary rights of way required byhim in connection with access to the Site. The Contractor shall also provide at his/her own cost anyadditional facilities outside the Site required by him/her for the purposes of the Works.
Clause 5.5.1: Time for Practical CompletionThe Works shall be completed within the time frame stipulated or tendered (as applicable) on theContract Data, exclusive of the special non-working days and the year-end break and inclusive of the28-day period referred to in Clause 5.3 above.
Clause 5.8.1:
The non-working days are Sundays and SaturdaysThe special non-working days are:
1. Public holidays2. The year-end break commencing on 13/12/2019 and ending on 03/01/2020.
Clause 5.13.1:The penalty for failing to complete the Works is 0.12% of the contract value per day. No claim forbonus payments in respect of early completion will be entertained.
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The following penalties will be charged;- R 1500.00 for removal of plant/machinery without the Engineer’s written consent.- R 1000.00 per day for late payment of local labour- R 1000.00 per day for delayed Contractor’s reports submission.- R 1500.00 per day for non-compliance on Medium-to-Major OHS risk
Clause 5.16.3:The latent defect period is 7.5 years.
Clause 6.8.2The Contract Price shall not be subject to any contract price adjustment and the rates and pricesTendered in the bill of quantities shall be final and binding throughout the period of the Contract.
Clause 6.10.1.5:The percentage advance on materials not yet built into the Permanent Works is 80%
Clause 6.10.3:The limit of retention money is:
(a) 15 % (fifteen percent) if option (3) security is selected.(b) 10% (ten percent) if option (4) security is selected.(c) 5% (five percent) if option (5) security is selected.
Clause 8.2.1:The contractor shall protect the Works properly and shall so arrange his operations that the minimumdanger and inconvenience to the public and to vehicles and pedestrians’ traffic. All operationsrequired in connection with the execution and completion of the Works shall, as far as the provisionsof the Contract permit, not unnecessarily or in any improper manner encroach upon the use of publicroads or upon access to private property, and the Contractor hereby indemnifies the Employer againstclaims, demand, damage and costs that may arise in this regard.
Compensation for such obligations shall be included in the Contractor’s prices for provisional andgeneral costs, excepts in as far as provisional is made in the specifications for payment in respect ofspecific items pertaining to these obligations
Clause 8.6.1.1.2:The value of Plant and materials supplied by the Employer to be included in the insurance sum is NIL
Clause 8.6.1.1.3:The amount to cover professional fees for repairing damage and loss to be included in the insurancesum is 10% of the value.
Clause 8.6.1.3:The limit of indemnity for liability insurance is R2 000 000 per claim for projects under R5 000 000.00and R5 000 000.00 for projects over R5 000 000.00.
Clause 8.6.1.5:Additional Insurance is required for the following:
a) Insurance of Construction Plant and Equipment (including tools, offices and othertemporary structures and contents) and all other items (except those intended forincorporation into the Works) brought onto the site for a sum sufficient to provide for theirreplacement.
b) Insurance in terms of the provisions of the Compensation for Occupational Injuries andDiseases Act No. 130 of 1993.
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c) Motor Vehicle Liability Insurance comprising (as a minimum) "Balance of Third Party" Risksincluding Passenger Liability Indemnity.
d) Where the contract involves manufacturing and/or fabrication of the works or part thereof atpremises other than the Site, the Contractor shall satisfy the Employer that all materialsand equipment for incorporation in the works are adequately insured during manufactureand/or fabrication. In the event of the Employer having an insurable interest in such worksduring manufacture or fabrication then such interest shall be noted by endorsement to theContractor's Policies of Insurance.
e) The insurance policy held by the Contractor shall cover “wet risks” because a portion of theworks will be in the confines of an existing river and stormwater channel.
Clause 9.2.1: Termination by the Employer
Add the following Clauses after Clause 9.2.1.3.7:
Clause 9.2.1.3.8:The Contractor fails to provide the required Guarantee and insurances within the prescribedtime.
Clause 9.2.1.3.9:The Contractor committed a corrupt or fraudulent act during the procurement process or theexecution of the contract.
Clause 9.2.1.3.10:An official or other role player committed any corrupt or fraudulent act during the procurementprocess or in the execution of the contract that benefited the Contractor.
Clause 10.4:
Dispute resolution is to be by means of an amicable settlement procedure known as mediation.
Clause 10.5.3The number of Adjudication Board Members to be appointed is Three.
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NB. Guarantees submitted must be issued by either an insurance company duly registered in terms ofthe Short-Term Insurance Act, 1998 (Act 35 of 1998) or an Insurance Company listed on theJohannesburg Stock Exchange or owned by such a company, or a recognised governmentsponsored, provincial or national development agency or by a bank duly registered in terms of theBanks Act, 1990 (Act 94 of 1990) on the pro-forma referred to above. No alterations or amendmentsof the wording of the pro-forma will be accepted.
Name of Tenderer: ……………………………………………… Date: ……………………………
Signature: ……………………………………………...
Full name of signatory: ………………………………………………
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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 inaccordance with the provisions of the Contract if the works are constructed strictly in accordance withthe provisions of the Scope of Work. Any non-payment for such works shall not relieve the Contractorin 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 BasicConditions of Employment Act of 1997by the Minister of Labour in Government Notice N° R63 of 25January 2002, as reproduced below, shall apply to works described in the scope of work as beinglabour 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 inelementary occupations on a Special Public Works Programme (SPWP). These terms andconditions do NOT apply to persons employed in the supervision and management of aSPWP.
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 workersto 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 toadminister 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 atask;
(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.
(j) “Task rate or daily rate” = As per Government Gazette
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.
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Claim No: …………………… For Period Ending: …………………………...
Date of Report: …………………………….
The Contractors Monthly Report comprises an integral part of theContractors Payment Claim and processing of the payment claim isnot permitted without this report also being submitted i.e. “NOREPORT – NO PAYMENT”.
Attachments:
Local Labour Schedule
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This document was construed in order to comply with the provisions of the OCCUPATIONALHEALTH AND SAFETY ACT NO 85 OF 1993.
Definitions of words are those described in the Act and the Construction Regulations of 2003.
This document formulates the specification of the Great Kei Local Municipality in terms of theabove act and forms part of the constitution of the organisation.
This document forms part of the employment contract of all employees and is as suchaccepted in writing by each employee. It also forms part of the agreement between the GreatKei Local Municipality and all service providers.
No clause in this document shall be amended in any contract document construed by agents,designers or anyone else except so ordered or sanctioned by the Great Kei LocalMunicipality in writing.
SCHEDULE1.1 Definitions
1. In these Policy any word or expression to which a meaning has been assigned in the Actshall have the meaning so assigned and, unless the context otherwise indicates
“Agent” means any person who acts as a representative for a client in the managing theoverall construction work.
“angle of repose” means the steepest angle of a surface at which a mass of loose orfragmented material will remain stationary in a pile on a surface, rather than sliding orcrumbling away;
“Batch plant” means machinery, appliances or other similar devices that areassembled in such a manner so as to be able to mix materials in bulk for thepurposes of using the mixed product for construction work;
“Client” means Great Kei Local Municipality;
“competent person” in relation to construction work, means any person having theknowledge, training and experience specific to the work or task being performed: Provided thatwhere appropriate qualifications and training are registered in terms of the provisions of theSouth African Qualifications Authority Act, 1995 (Act No. 58 of 1995), these qualifications andtraining shall be deemed to be the required qualifications and training;
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC1 Agreements and Contract Data
“Construction work” means any work in connection with
(a) The erection, maintenance, alteration, renovation, repair, demolition or dismantling ofor addition to a building or any similar structure;
(b) The installation, erection, dismantling or maintenance of a fixed plant where suchwork 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 civilengineering structure; or
(d) the moving of earth, clearing of land, the making of an excavation, piling, or anysimilar type of work;
“construction vehicle” means a vehicle used for means of conveyance fortransporting persons or material or both such persons and material, as the case maybe, both on and off the construction site for the purposes of performing constructionwork;
“Contractor” means an employer, as defined in section 1 of the Act, who performsconstruction work and includes principal contractors;
“Design” in relation to any structure includes drawings, calculations, design detailsand 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 control (including an employee of
his, where he is the employer) to prepare a design, as well as;
(d) Architects and engineers contributing to, or having overall responsibility forthe design;
(e) Build services engineers designing details for fixed plant;
(f) Surveyors specifying articles or drawing up specifications;
(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 concerning humans to thedesign of objects, systems and the environment for human use in order to optimisehuman well-being and overall system performance;
“Excavation work” means the making of any man-made cavity, trench, pit or depressionformed by cutting, digging or scooping;
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC1 Agreements and Contract Data
“explosive powered tool” means a tool that is activated by an explosive charge and that isused 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 anelevated position, including personal equipment, body harness, body belts, lanyards, lifelinesor physical equipment, guardrails, screens, barricades, anchorages or similar equipment;
“fall arrest equipment” means equipment used to arrest the person in a fall from an elevatedposition, including personal equipment, body harness, lanyards, deceleration devices, lifelinesor similar equipment, but excludes body belts;
“fall protection plan” means a documented plan, of all risks relating to working from anelevated position, considering the nature of work undertaken, and setting out the proceduresand methods to be applied in order to eliminate the risk;
“Hazard identification” means the identification and documenting of existing or expectedhazards to the health and safety of persons, which are normally associated with the type ofconstruction work being executed or to be executed;
“Health and safety file” means a file, or other record in permanent form, containing theinformation required as contemplated in these regulations;
“Health and safety plan” means a documented plan which addresses hazards identified andincludes safe work procedures to mitigate, reduce or control the hazards identified;
“Health and safety specification” means a documented specification of all health and safetyrequirements pertaining to the associated works on a construction site, so as to ensure thehealth and safety of persons;
“material hoist” means a hoist used to lower or raise material and equipment, andincludes cantilevered platform hoists, mobile hoists, friction drive hoists, scaffoldhoists, rack and pinion hoists and combination hoists;
“Medical certificate of fitness” means a certificate valid for one year issued by anoccupational health practitioner, issued in terms of these regulations, whom shall be registeredwith the Health Professions Council of South Africa;
“Method statement” means a written document detailing the key activities to be performed inorder to reduce as reasonably as practicable the hazards identified in any risk assessment;
“Mobile plant” means machinery, appliances or other similar devices that is able tomove independently, for the purpose of performing construction work on theconstruction site;
“National Building Regulations" means the National Building Regulations made undersection 17(1) of the National Building Regulations and Building Standards Act, 1977 (ActNo.103 of 1977), and published under Government Notice No. R.1081 of 10 June 1988, asamended;
“Person day” means one individual carrying out construction work on a construction site forone normal working shift;
“principal contractor” means an employer, as defined in section 1 of the Act who performsconstruction work and is appointed by the client to be in overall control and management of apart of or the whole of a construction site;
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC1 Agreements and Contract Data
“professional engineer or professional certificated engineer” means any person holdingregistration as either a Professional Engineer or Professional Certificated Engineer under theEngineering Profession Act, 2000 (Act No. 46 of 2000);
“Professional technologist” means any person holding registration as a ProfessionalTechnologist under the Engineering Profession Act, 2000 (Act No. 46 of 2000);
“Provincial director” means the provincial director as defined in regulation 1 of the GeneralAdministrative Regulations under the Act;
“risk assessment” means a programme to determine any risk associated with any hazard at aconstruction site , in order to identify the steps needed to be taken to remove, reduce or controlsuch hazard;
“Roof apex height” means the dimensional height in metres measured from the lowest groundlevel abutting any part of a building to the highest point of the roof;
“SABS 085” means the South African Bureau of Standards’ Code of Practiceentitled “The Design, Erection, Use and Inspection of Access Scaffolding”;
“SABS 0400” means the South African Bureau of Standards, Code of Practice forthe application of the National Building Regulations;
“SABS EN 1808” means the South African Bureau of Standards’ StandardSpecification entitled: “Safety requirements on suspended access equipment –Design calculations, stability criteria, construction-tests”;
“SABS 1903” means the South African Bureau of Standards’ Standard Front-endSpecification entitled: “Safety requirements on suspended access equipment –Design calculations, stability criteria, construction-tests”;
"Scaffold" means any temporary elevated platform and supporting structure used for providingaccess to and supporting workmen or materials or both;
“shoring” means a structure such as a hydraulic, mechanical or timber/steel shoring systemthat supports the sides of an excavation and which is intended to prevent the cave-in or thecollapse 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 lineor 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 orany structure designed to preserve or alter any natural feature, and any other similarstructure;
(b) any formwork, false work, scaffold or other structure designed or used to providesupport 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 fallingtwo metres or more;
“Suspended platform” means a working platform suspended from supports by means of oneor more separate ropes from each support;
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC1 Agreements and Contract Data
“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 earthfor a purpose other than the searching for or winning of a mineral
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC1 Agreements and Contract Data
1. All wording shall have the meaning as defined by the H&S Regulations 2003.
2. This specification is in terms of the H&S act 1993 and the regulations of 2003.
3. All work performed and procedures followed by designers shall be done according to the H&Sregulations of 2003.
4. The client is aware of the fact that the appointment of a designer does not implicate that thedesigner becomes the agent of the client for the particular project. The appointment of anagent is done separately in writing and should be accepted by the designer as such.
5. The client is ultimately responsible for all safety issues regarding the project for which adesigner is appointed and cannot contract out of his obligations in terms of the law.
6. The client shall not employ a designer should he have reasonable doubts that the designer isnot able to execute work in a safe manner.
7. All designers shall have adequate insurance cover to indemnify the client for their acts andomissions in terms of professional conduct the H&S act in particular to indemnify the clientagainst penalties imposed for acts or omissions. The client is aware of the fact that additionalinsurance over and above PI insurance is necessary to have himself indemnified by thedesigners for acts and omissions in terms of the H&S regulations. The professional indemnityinsurance has a “negligent acts and omissions” wording only and therefore additionalinsurance is necessary to cover the client against penalties imposed in terms of theregulations.
8. Designers shall not accept work from the client if they are not capable of executing such workprofessionally and if such work cannot be executed in a safe manner, according to theprovisions of the H&S regulations.
9. Designers shall execute all designs in terms of the relevant SABS and other acceptablecodes and procedures and shall place great emphasis on safety issues including themaintenance procedures after inaugurations of such systems or projects.
10. Ergonomic parameters shall have high priority in all designs.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC1 Agreements and Contract Data
1. All work by the P C shall be done in compliance with the provisions of the H&Sregulations.
2. The Employer recognises the right of each employee to work safely in a healthyenvironment under decent human conditions. Each employee has the right to returnhome safely and healthy to his home and family after each day’s work.
3. Work shall not be done at the expense of human safety or health.
4. Work shall be executed under humane conditions, especially with reference to hoursand H&S issues in mind.
5. The P C shall appoint a fulltime H&S Manager should he have more than 50employees on site.
6. The PC shall conduct monthly safety meetings on site. All foremen, gang leadersand other employees shall participate and all incidents with relation to unsafepractices shall be discussed. Minutes of such meetings shall be kept in the H&S file.
7. Foremen and gang leaders shall, under the supervision of the H&S manager, conductmeetings with all staff and people under their direct supervision on a frequent basis.Minutes of such meetings shall be kept in the H&S file.
8. New personnel (temporary or full time employees) shall attend safety inductioncourses under the supervision of the H&S manager.
9. The P C shall install and maintain a box in which proposals for improvement of H&Sprocedures could be placed. All such proposals shall be considered, recorded andplaced in the H&S file.
10. An adequate first aid facility shall be placed maintained on site and shall beadequately indicated by means of signs. All personnel shall be made aware of itsexistence and only trained first aid assistants shall be authorized to treat injuries.
11. The P C shall see that work is only executed by people trained for the particular task.
12. All safety equipment shall be SABS approved and under no circumstance shall anysafety equipment be non-certified homemade equipment. Specifications and orderdetails shall be kept in the H&S file.
13. Workers and personnel shall be attending safety courses on a regular basis and allinformation regarding such training shall be kept in the H&S file.
14. All employees shall be trained in safe working procedures and shall be trained onsafety consciousness in particular. Employees in position of leadership shall betrained through accredited training processes in H&S matters.
15. The contractor shall prepare and maintain a safety plan for the particular project andshall train his personnel to work according to such plan.
16. Personnel and workers will be made aware of any natural hazards existing on site.They will also be made aware of items defined by the designer in his riskassessment.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC1 Agreements and Contract Data
17. No horseplay between employees will be tolerated on site. Neither will aggressive orthreatening behaviour by anybody be allowed.
18. Workers shall wear appropriate protective clothing for the applicable task which shall includespecial safety equipment like protective eyewear, gloves, boots, ear protection, etc. Workersshall be issued with these items and copy of such issuing shall be kept in the H&S file.
19. Workers shall not be allowed to wear loose clothes and footwear.
20. Workers shall have the opportunity and right to prescribed rest, eating and toilet breaks.
21. Workers on nightshift shall be protected against inclement weather and shall have access toadequate food and drinks.
22. In cases where work is executed in remote or in security restricted areas, the P C will makeprovision for food to be supplied to his employees.
23. Potable water shall be made available free of charge to all workers on site.
24. Adequate toilet and washing facilities shall be made available to workers.
25. In the event of chemicals being present or used on site, the P C will allow for adequate showerfacilities on site. All chemicals shall be stored according to specification and shall be clearlyidentified and marked in prescribed containers.
26. Workers under instruction to execute inherently unsafe procedures shall report such incidencesto the H&S manager, designer of client immediately.
27. Unauthorised or unlawful instructions from foremen, gang leaders or colleagues shall bereported by the H&S manager immediately.
28. The P C shall stop his contractors if they work unsafely.
29. All specialist work shall be executed by registered artisans only.
30. Workers shall not be required to lift equipment or material heavier than 25kg or carry a load ofmore than 50 kg for more than 10 metres.
31. Workers shall not be exposed to conditions of heat where the temperature is above 40° Celsiusand the humidity more than 75%. Likewise will personnel not be exposed to temperatures lowerthan –5° Celsius? Should the designer and the P C decide that the work is urgent; workers willbe issued with proper protective clothing.
32. All workers shall have access to a shaded eating and resting place on site.
33. Workers executing tasks in rivers, trenches and other natural or artificial water ways shall bemade aware of the hazard of flash floods and special precautions shall be made by the P C toimplement an effective flood warning system.
34. Workers executing tasks in manholes for sewer or stormwater systems, shall be made aware ofthe existence of hazardous gasses in closed areas and shall be issued with gas masks in anyevent, even after tests conducted by the H&S manager has proven that no gasses are existent.Only specialists shall work in gas filled chambers.
35. Personnel executing work during rainy weather or under other wet conditions shall be equippedwith proper gumboots and proper rain suits.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC1 Agreements and Contract Data
36. No personnel will be allowed to work in water unless gumboots are worn. Should the water bedeeper than 300mm watertight suits shall be worn.
37. All ladders shall be fixed against scaffolding or other permanent structures.
38. Welding on site shall only be done by trained personnel behind adequate eye protecting shieldsand all welders shall wear proper protective gear.
39. Personnel operating grinders, saws or any other hand tools of similar description shall beequipped with the necessary eyewear and ear protection.
40. All personnel working under potentially dusty conditions shall wear nose and mouth filters.
41. Workers operating rock drilling equipment shall wear ear, nose and eye protection.
42. All scaffolding will comply with the H&S regulations.
43. Blasting will be done by specialists under the regulations of the Explosives Act.
44. Workers shall wear protective clothing when exposed to chemicals like cement, lime,detergents, tar, fumes, etc. Should work be executed in the presence of such material,adequate protective clothing and equipment shall be issued after permission is granted by theH&S manager.
45. Workers will not be allowed to make open fires on any part of the site unless it is made indesignated areas approved by the H&S manager.
46. Fuel storage will only be allowed on certified areas on site.
47. Workers and other personnel will be trained for fire procedures and will practise such fire drill ona regular basis.
48. Assembly areas for emergency evacuations will be indicated by adequate signage.
49. The P C will have an attendance register for the purposes of identifying people before, duringand after potential hazardous situations.
50. All transport supplied by the P C shall be on road worthy vehicles only and all transport shall beconducted in terms of the transport act.
51. Drivers of vehicles shall be responsible for the roadworthiness of vehicles and will report anydysfunctional vehicles to the P C.
52. All drivers will be responsible to handle vehicles in such a way to comply with the transport act.
53. Passengers of vehicles shall report any unsafe conduct to the P C immediately. Such reportshall be forwarded to the H&S manager and shall be investigated. Copy of such procedureshall be entered into the H&S file.
54. Only trained personnel shall be permitted and required to operate construction machinery. Allsuch machinery shall be maintained in a safe working condition.
55. All vehicles operating on site shall have audible warning signals if driven backwards.
56. No vehicle shall be kept on site if it is leaking oil or other substances.
57. No vehicle or equipment shall be operated on site if it produces noise above 90 decibelmeasured within a distance of 10,0 m from the unit.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC1 Agreements and Contract Data
58. Equipment producing serious dusty conditions shall only be operated under the supervision ofthe P C and the H&S manager with the necessary protection to workers.
59. All excavations on site shall be adequately protected and not only indicated.
60. Exploratory excavation to reveal services shall be done in a specific way.
All areas to be explored shall first be inspected by the landowner or local authority.Position of services identified shall then be verified by opening by hand, not by machine.Particular care shall be taken not to damage these services.Electrical services are inherently dangerous and shall be opened by skilled people only.These excavations shall not be left open without supervision. If necessary the excavation shallbe backfilled temporarily with approved material until the specified modifications to the servicescan be made.
61. Access to excavations shall only be by means of ladders or stairs with handrails.
62. All refuse, unsafe material, potential hazardous material and rubbish shall be placed indesignated areas to be removed on a regular basis.
63. Rainwater shall be contained in trenches or pipes in such a way that it will not causecontamination of material in these refuse areas.
64. All electrical sources or cables or overhead power lines should be regarded as live at all timesand all workers on site shall be made aware of its existence during H&S meetings and as manytimes as necessary.
65. Adequate signage shall be used on site to indicate Non-smoking areas on site Safety exits / Emergency exits from buildings under construction Stairs (temporary and permanent works) Toilets Firefighting equipment Workmen busy with equipment overhead Fire assembly points Fire escapes Areas where members of the public are not allowed. First aid room
66. All visitors to the site shall be granted permission to the site only upon application through apredetermined procedure and records of these visitors shall be kept in the H&S file. Visitorsshall attend safety induction training before entering the site. Areas out of bounds to all visitorsshall be indicated clearly by means of adequate signs.
67. Work performed in public servitudes like the construction of streets or roads shall be doneaccording to the specifications of the local or national authority and adequate signage shall beimplemented.
68. People complaining about their health or people displaying symptoms of illness or disease, shallbe allowed to go to the first aid facility or to visit a doctor or a clinic. Permission shall not bewithheld unreasonably. In remote areas the P C is required to have reasonable ways oftransporting people to a doctor or clinic whether the person is ill or injured on site.
69. Personnel must be informed about the location of the nearest doctor or clinic for casualtypurposes and the P C shall provide such transport for injured workers and injured membersof the public (within the limits of the site) free of charge.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC1 Agreements and Contract Data
70 A principal contractor who intends to carry out any construction work shall
(a) before carrying out that work, notify the provincial director in writing of theconstruction work if it includes
(i) The demolition of a structure exceeding a height of 3 metres; or
(ii) The use of explosives to perform construction work; or
(iii) The dismantling of fixed plant at a height greater than 3m.
(b) before carrying out that work, notify the provincial director in writing when theconstruction work
(i) Exceeds 30 days or will involve more than 300 person days of constructionwork; and
(ii) Includes excavation work deeper than 1m; or
(iii) Includes working at a height greater than 3 metres above ground or a landing.
(2) The notification to the provincial director must be done on the form similar to Annexure Ato this Policy.
(3)A principal contractor shall ensure that a copy of the completed form is kepton site for inspection by an inspector, client, client’s agent or employee.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC1 Agreements and Contract Data
(1) A client shall be responsible for the following in order to ensure compliance with the provisions ofthe Act
(a) to prepare a documented health and safety specification for the construction work,and provide any principal contractor who is making a bid or appointed to performconstruction work for the client with the same;
(b) To promptly provide the principal contractor and his or her agent with any informationwhich might affect the health and safety of any person at work carrying outconstruction work;
(c) To appoint each principal contractor in writing for the project or part thereof on aconstruction site;
(d) To take reasonable steps to ensure that each principal contractor’s health and safetyplan is implemented and maintained on the construction site: Provided that the stepstaken, shall include periodic audits at intervals mutually agreed upon between theclient and principal contractor, but at least once every month;
(e) to stop any contractor from executing construction work which is not in accordancewith the principal contractor’s health and safety plan for the site or which poses to bea threat to the health and safety of persons;
(f) to ensure that where changes are brought about, sufficient health and safetyinformation and appropriate resources are made available to the principal contractorto execute the work safely;
(g) to ensure that every principal contractor is registered and in good standing with thecompensation fund or with a licensed compensation insurer prior to work commencingon site; and
(h) To ensure that potential principal contractors submitting tenders, have made provisionfor the cost of health and safety measures during the construction process.
(2) A client shall discuss and negotiate with the principal contractor the contents of the health andsafety plan and thereafter finally approve the health and safety plan for implementation.
(3) A client shall ensure that a copy of the principal contractor’s health and safety plan isavailable on request to an employee, inspector or contractor.
(4) Great Kei Local Municipality shall not appoint a principal contractor to perform constructionwork, unless Great Kei Local Municipality is reasonably satisfied that the principal contractorthat he or she intends to appoint has the necessary competencies andresources to carry out the work safely.
(5) A client may appoint an agent in writing to act as his or her representative and wheresuch an appointment is made, the responsibilities as are imposed by theseregulations upon a client, shall as far as reasonably practicable apply to the person soappointed.
(6) No client shall appoint any person as his agent, unless the client is reasonablysatisfied that the person he or she intends to appoint has the necessarycompetencies and resources to perform the duties imposed on a client by theseregulations.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC1 Agreements and Contract Data
THIS DOCUMENT IS TO BE FORWARDED TO THE OFFICE OF THEDEPARTMENT OF LABOUR PRIOR TO COMMENCEMENT OF WORK ONSITE.
ALL PRINCIPAL CONTRACTORS THAT QUALIFY TO NOTIFY MUST DOSO EVEN IF ANOTHER PRINCIPAL CONTRACTOR ON THE SAME SITEHAD DONE SO PRIOR TO THE COMMENCEMENT OF WORK.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC2 Pricing Data
1. Measurement and payment shall be in accordance with the relevant provisions of the StandardSpecifications for Road and Bridge Works for State Road Authorities (1998 Edition) issued byCommittee of Land Transport Officials (COLTO), South Africa.
2. For the purposes of this schedule of quantities, the following words shall have the meanings herebyassigned 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 bidder bids to do the work.
Amount: The product of the quantity and the rate bided for an item.
Lump sum: An amount bided for an item, the extent of which is described in the schedule ofquantities, the specifications or elsewhere but the quantity of work of which is not measured inany units.
3. This schedule of quantities forms an integral part of the contract documents.
4. The quantities set out in the schedule of quantities are approximate quantities only. The quantities ofwork finally accepted and certified for payment, and not the quantities given in the schedule ofquantities, 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 ofquantities and the quantities finally certified for payment. Works shall be valued at the rates or lump sums bided,subject only to the provisions for the general conditions of contract, paragraphs 11 and 12 of this preamble, andsub-clause 1209(a) of the standard specifications.
5. Rates and lump sums shall be comprehensive in accordance with sub-clause 1209(b) of the standardspecifications. Full compensation for completing and maintaining, during the maintenance period, all thework shown on the drawings and specified in the specifications, and for all the risks, obligations andresponsibilities specified in the general conditions of contract, special conditions of contract andspecifications shall be considered as provided for collectively in the items of payment given in theschedule of quantities, except in so far as the quantities given in the schedule of quantities are onlyapproximate.
6. The bidder shall fill in a rate or a lump sum for each item where provision has been made for it, evenwhere no quantities are given.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC2.1 Pricing Instructions
A bid may be rejected if the bidder has not filled in a rate or a lump sum against each item and if the bidder failsto furnish the rates or lump sums for such items within seven (7) days of having been notified in writing by theemployer to do so.
The bidder 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.Bidders shall also note the provisions of paragraph 12 of this preamble.
The bidder may not group a number of items together and bid one lump sum for such group of items.The bidder also may not indicate against any item that full compensation for such item has been included inanother item.The bidded lump sums and rate shall be valid irrespective of any change in the quantities during the execution ofthe contract.
7. The works as executed will be measured for payment in accordance with the methods described in thecontract 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 themeasurement of quantities for payment. Except where otherwise specified as in clause 1220, the netmeasurement or mass of the finished work in place shall be taken for payment but excluding anyvolume or mass of work in excess of that ordered.
8. The amount of work or the quantities of material stated in the schedule of quantities shall not beconsidered as restricting or extending the amount of work to be done or quantity of material to besupplied by the contractor.
9. The stating of quantities of material or amount of work in the schedule of quantities shall not beregarded as authorization for the contractor to order material or to execute work. The contractor shallobtain the engineer's detailed instructions for all work before ordering any materials for or executingwork or making arrangements in this regard.
10. The short descriptions of the payment items given in the schedule of quantities are only for the purposesof identifying the items and providing specific details. Reference shall be made, inter alia, to thedrawings, standard specifications, project specifications, general conditions of contract and specialconditions of contract for more detailed information regarding the extent of the work entailed under eachitem.
11. Reference shall be made to clause 6.6 of the general conditions of contract regarding provisional sumsand prime cost sums.
12. Subject to the conditions stated in paragraph 12 below, the rates and lump sums filled in by the bidder inthe schedule of quantities shall be final and binding and may not be adjusted should there be anymistakes in the extensions thereof. Should there be any discrepancies between the correctly extendedtotalled schedule of quantities and the bid sum, the rates will be regarded as being correct, and theemployer shall have the right to make such adjustments to the bid sum as he may deem necessary inorder to reconcile the total of the schedule of quantities with the bid sum. In such an event the contractorwill be consulted but failing agreement between the parties, the decision of the employer shall be finaland binding. Such adjustment of the bid sum shall take place only after acceptance of the bid, but priorto the signing of the contract. In their own interest bidders should make double sure of the correctnessof their bidded rates, the extensions and the bid sum.
13. A bid may be rejected if the unit rates or lump sums for some of the items in the schedule of quantitiesare, in the opinion of the employer, unreasonable or out of proportion, and the bidder fails, within aperiod of seven (7) days of having been notified in writing by the employer to adjust the unit rates orlump sums for such items, to make such adjustments.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC2.1 Pricing Instructions
14. The units of measurement indicated in the schedule of quantities are metric units. The followingabbreviations are used in the schedule of quantities:
Mm = millimetre h = hourM = metre kg = kilogramKm = kilometre t = ton (1000 kg)m² = square metre No. = numberm².pass = square metre-pass sum = lump sumHa = hectare MN = meganewtonm³ = cubic metre MN.m = meganewton-metrem³.km = cubic metre-kilometre P C sum = Prime Cost suml = litre Prov sum = Provisional sumKl = kilolitre % = per centMpa = megapascal kW = kilowatt
15. All rates and sums of money quoted in the schedule of quantities shall be in South African Rands andwhole cents. Fractions of a cent shall be discarded.
16. The item numbers appearing in the schedule of quantities refer to the corresponding item numbers inthe standard specifications. Item numbers prefixed by the letter B refer to payment items describedunder part B of the project specifications; those prefixed by C refer to part C, etc for further parts of theproject specifications.
Item numbers in schedule B of the schedule of quantities are in addition, preceded by the schedule number ofeach separate part of schedule B of the schedule of quantities, eg payment item 62.02 described in the standardspecifications (clause 6210), when used in part 3 of the schedule B of the schedule of quantities, would benumbered 3/62.02, and if this payment item had been amended in part B of the project specifications, thepayment item would be indicated as 3/B62.02.
NB: BIDERS MUST COMPLETE THE SCHEDULE OF QUANTITIES IN BLACK INK
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC2.2 Bill of Quantities
Section 1200 : General Requirements and ProvisionsSection 1300 : Contractors Establishment on Site and General ObligationsSection 1500 : Accommodation of TrafficSection 1600 : OverhaulSection 1700 : Clearing and GrubbingSection 2100 : DrainsSection 2200 : Prefabricated CulvertsSection 2300 : Concrete Kerbing, Concrete Channelling, Chutes and Downpipes, and Concrete Linings
for Open GrainsSection 3100 : Borrow MaterialsSection 3200 : Selection, Stockpiling and Break-down the Material from Borrow Pits, Cuttings and
Existing Pavement Layers, and Placing and Compacting the Gravel LayersSection 3300 : Mass EarthworksSection 3400 : Pavement Layers of Gravel MaterialSection 5100 : Pitching, Stonework and Protection against ErosionSection 5200 : GabionsSection 5600 : Road SignsSection 5900 : Finishing the Road and the Road Reserve and Treating Old RoadsSection 8100 : Testing
C2.3 SUMMARY
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC2.2 Bill of Quantities
SQ1.1.1 The General Conditions of Contract, the Special Conditions of Contract, the Specifications (includingthe Project Specification), and the Drawings are to be read in conjunction with the Schedule ofQuantities.
SQ1.1.2 (a)The Schedule comprises items covering the Contractor’s profit and costsof general liabilities and of the construction of temporary and permanent works.
(b) The Tenderer is at liberty to insert a rate of his own choosing for each item in the Schedule and his attention isdrawn to the fact that the Contractor has the right, under various circumstances, to payment foradditional works carried out and that the Engineer is obliged to base his assessment of the rates tobe paid for such additional work on the rates inserted in the schedules by the Contractor.
(c) Clause 8 of each standardized specification and the measurement and payment clause of each particularspecification, read together with the relevant clauses of the Project Specification, set out whatancillary or associated activities are included in the rates for the operations specified.
SQ1.1.3 Descriptions in the schedule of quantities are abbreviated and the schedule has been drawn upgenerally in accordance with the latest issue of Civil Engineering Quantities*. Should any requirementof the measurement and payment clause of the applicable standardised specifications, or the ProjectSpecification, or the particular specifications, conflict with the terms of the schedule or, whenrelevant, Civil Engineering Quantities*, the requirements of the standard project, or particularspecification, as applicable, shall prevail.
SQ1.1.4 Unless otherwise stated, items are measured net in accordance with the Drawings, and no allowancehas been made for waste.
SQ1.1.5 The prices and rates to be inserted in the Schedule of Quantities are to be the full inclusive prices tothe Employer, excluding VAT, for the work described under the several items. Such prices shallcover all costs and expenses that may be required in and for the construction of the work described,and shall cover the cost of all general risks, liabilities, and obligations set forth or implied in thedocuments on which the tender is based.
SQ1.1.6 A price or rate is to be entered against each item in the Schedule of Quantities, whether the quantitiesare stated or not. An item against which no price is entered will be considered to be covered by theother prices or rates in the schedule.
SQ1.1.7 The Tenderer shall price each item in the Schedule of Quantities in ink (preferably black).
SQ 2 TENDERED SUM
The Tenderer shall base his tendered rates and prices in the Schedule of Quantities on fulfilling andcomplying with all the requirements of the Tender Document. The Tender Sum stated in the Tendershall be computed from these rates and prices.
SQ 3 VALUE-ADDED TAX
All prices shall be quoted in the currency of the Republic of South Africa. The tendered rates shallexclude Value-Added Tax, but shall include all District Council levies and all other taxes and duties.
Provision has been made on the summary page of the Schedule of Quantities for the addition ofVAT.
SQ 4 ACCURACY OF QUANTITIES STATED IN THE SCHEDULE
The numerical quantity stated against each item in the Schedule is approximate and does notnecessarily represent the actual amount of work to be done. The Contractor is not to place his ordersfor material based solely on these quantities.
SECTION 1200
Item Description Unit Quantity Rate Amount
1200 GENERAL REQUIREMENTS AND PROVISIONS
B12.01 Excavation
(a) 0m to 2m
(i) soft material m³ 20
(ii) hard material m³ 4
(b)
(i) soft material m³ 5
(ii) hard material m³ 1
B12.02 Backfilling
(a) Using the excavated material m³ 16
(b) Using imported selected material m³ 4
B12.03(a)
Prov sum 1 1 000,00R 1 000,00R
(b)
% 1 000,00R
B12.04 Provision for a Community Liaison Officer
(a)
Prov sum 1 23 200,00R 23 200,00R
(b) Handling costs and profit in respect of sub-item B12.04 (a) % 23 200,00R
E12.05 Provision for training
(a) Generic skills Prov sum 1 20 000,00R 20 000,00R
(b) Entrepreneurial skills Prov sum 20 000,00R 10,00 200 000,00R
(c)
% 220 000,00R
(d) Training venue (only if required) L. Sum 1 3 000,00R 3 000,00R
E12.06 PROVISSIONAL SUM STATED BY THE ENGINEERS
a) Engineering Technician Prov sum 1 80 000,00R 80 000,00R
b) Health and Safety Agent Prov sum 1 40 000,00R 40 000,00R
c) Enviromental Prov sum 1 40 000,00R 40 000,00R
% 160 000,00R
Manzana Internal Streets
Sakhisizwe Local Municipality
Handling costs and profit in respect of sub-item E12.05(a)
and (b) above
d) Handling costs and profit in respect of sub-item (a),(b)
and (c) above
SECTION 1200 TOTAL CARRIED TO SUMMARY
Excavating material within the following depth ranges
below ground level for the exposing of/or searching for
services:
Extra over item B12.01(a) for excavation by means of
hand tools such as picks, crowbars and pneumatic tools
or mechanical breakers in close vicinity of services where
no machine excavation is permitted:
Allow a provisional sum for existing services to be
relocated and/or protected as ordered by the engineer
Handling costs and profit in respect of sub-item B12.03(a)
above
Provisional sum for the payment of the Community
Liaison Officer and PSC Members
SECTION 1300
Item Unit Quantity Rate Amount
13.00
13,01
(a) Lump Sum 1
(b) Valued-related obligations Lump Sum 1
(c) Time-related obligation Month 4
B.13.02 Occupational Health & Safety
(a) Preparation of Health & Safety Plan Lump Sum 1
(b) Lump Sum 1
(c) Health & safety induction training of employees Lump Sum 1
(d)
B.13.03 Supply and erect one contract nameboard Lump Sum 1
R
The contractor's general obligations
4
Compilation of a Risk Assessment prior to
commencement of Construction.
Compilation and keeping up with date the Health &
Safety file which shall include all documentation
required in terms of the Act. Implementation of the
health and Safety plan over the entire construction
1300 Contractor's Establishment on Site and GeneralObligations
R
1500 Accommodation of Traffic R
1600 Overhaul R
1700 Clearing and Grubbing R
2100 Drains R
2200 Prefabricated Culverts R
2300 Concrete Kerbing, Channelling, Chutes & DownPipes and Concrete Lining for Open Drains
R
3100 Borrow Material R
3200 Selection & Stockpiling R
3300 Mass Earthworks R
3400 Pavement Layers of Gravel Material R
5100 Pitching, Stonework & Protection Against Erosion R
5200 Gabions R
5600 Road Signs R
5900 Finishing R
8100 Testing Material & Workmanship R
NET-TOTAL R
Allow the sum of 5% (five percent) of the above Sub-totalfor Contingencies to be spent as the Engineer may directand to be deducted in whole or in part if not required.
R
TENDER AMOUNT R
VAT @ 15% R
Total Carried to Form of Offer R
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC2.2 Bill of Quantities
C3.1.1 Employer's Objectives and Overview of the Works
This project is intended for the construction of 4,5km of gravel for internal streets and related storm waterdrainages to Manzana village within Sakhisizwe Local Municipality.
C3.1.2 Description of Site and Access
The project area is in Manzana village of Sakhisizwe Municipality which falls under the jurisdiction of ChrisHani District Municipality, and the nearest town is Cala. The site can be accessed via R410 from Cala Townto Queenstown, approximately 3 km from Cala CBD towards Queenstown, then take DR08449 to Manzanavillage and the start of the proposed road is 7km from R410 and DR08449 Tee Junction.
C3.1.3 Extent of the Works
The scope of works under this contract includes the following activities but not limited only to: Clearing the site of fencing, rubble, vegetation, vestiges of all past human endeavours, and
other unwanted materials and the disposal thereof; Rehabilitation of open drains for stormwater and construction of stone pitching; Rip and Re-compact of existing road to form Roadbed; Importation of suitable gravel material from borrow pits; Spreading and compaction of gravel wearing course to the required density; Trench excavation for stormwater pipes and other stormwater drainage structures. Laying, bedding, jointing, testing and backfilling of stormwater pipes. Construction of headwalls, and other ancillary structures where required. Road signs.
C3.1.4 Maintenance Works
The Contractor is responsible for the maintenance of the Works during construction and during thespecified 6 months Maintenance Period (defect liability period) commencing from the date of the practicalcompletion of all the Works.
C3.1.5 Other Simultaneous Contracts
There will be no other contracts on the site.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC3 Scope of Work
The Contractor shall take every precaution to ensure safety on site and to protect the Works and temporaryworks from theft and vandalism. The Contractor will be responsible for the safety and security of hispersonnel, 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 localPolice and Community Forums if necessary) and shall provide all security measures, including theemployment of security services, as he deems necessary to comply with the requirements of this clause.
C3.1.7 Temporary works
The Contractor shall at all times ensure that his operations do not endanger any member of the public. Alloperations shall be in terms as specified in the Occupational Health and Safety Act as well as per theConstruction Regulations.
C3.1.8 Drawings
The following drawings are issued with this Document and shall be used for tendering purposes only:
DRAWING NO TITLE
BCE /SLM / CMAR / LP1 Locality Plan
BCE /SLM / CMAR / LC00 Road Layout Plan Sheet 1 of 1
BCE /SLM / CMAR / LC01 Main Road Layout Plan Longsection & Cross-section Details Sheet 1 of 5BCE /SLM / CMAR / LC01 Main Road Layout Plan Longsection & Cross-section Details Sheet 2 of 5BCE /SLM / CMAR / LC01 Main Road Layout Plan Longsection & Cross-section Details Sheet 3 of 5BCE /SLM / CMAR / LC01 Main Road Layout Plan Longsection & Cross-section Details Sheet 4 of 5BCE /SLM / CMAR / LC01 Main Road Layout Plan Longsection & Cross-section Details Sheet 5 of 5
BCE /SLM / CMAR / LC02 Secondary Road Layout Plan Longsection & Cross-section Details Sheet 1 of 2BCE /SLM / CMAR / LC02 Secondary Road Layout Plan Longsection & Cross-section Details Sheet 2 of 2
C3.1.9.1 Employment of a Community Liaison Officer (CLO)
A CLO will be employed in this contract.
C3.1.9.2 Labour Intensive Construction (LIC) Work
General
Contractors are encouraged to promote LIC methods where and when possible by utilising temporary locallabour from the surrounding local communities.
The chief aim of utilising LIC construction methods on this project is to afford an opportunity to the greatestpossible number of members of the local community (and possibly surrounding communities if thecircumstances warrant it and approval is granted by the Employer) to obtain temporary employment andwhere applicable to obtain certified and accredited in-service training, to increase their level of experienceand enhance their ability to secure future employment.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC3 Scope of Work
There are specific requirements regarding labour intensive construction (LIC) and the use of affirmativebusiness 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 andactivities shall be so programmed and executed that those operations and activities that can reasonably bedone by means of hand labour are so performed.
(*) Although the Contract will be one which requires predominately mechanised constructional plant andequipment, there are certain operations which lend themselves to labour intensive construction methodsand such operations are identified in Clause C3.3.2.4 below.
The Community
The Community shall for the purpose of this Contract be considered to include all residents of differentvillages of Sakhisizwe Municipality residing within a ten kilometre radius of the project site.
Recruitment of Local Labour
Upon receipt of the Letter of Tender Acceptance the Contractor shall expeditiously proceed to arrange forthe recruitment of local labour.
Most of the labour employed on the Contract shall, insofar as such labour is available, be recruited form thelocal Community stated above, unless it shall be agreed between the Employer, the Engineer and theContractor that labour residing in neighbouring communities may be recruited and employed.
LIC Activities
Contractors are encouraged to carry out the following activities with local labour using LIC methods aftersuitable training:
(i) Excavation of shallow trenches up to 1, 0 m depth for stormwater structures.(ii) Backfilling and compaction of all the above-mentioned trenches.(iii) Batching, mixing and transport on site of all concrete for blinding to headwalls, sign posts,
stone pitching where applicable and other structures, kerb bedding etc.
The Contractor is encouraged to add activities to the above list, but he shall ensure that the specifiedstandards of construction will be achieved.
Although it is the intention that the above activities be carried out by labour intensive construction methodsthe Contractor may propose to the Engineer alternative ways in which the work is to be executed. TheEngineer's approval of these alternative methods will not be unreasonably withheld from the Contractor.
C3.1.9.3 Employment of Local Labour
Amount of Labour Offered
The Contractor shall submit detailed daily labour records to the Engineer indicating respectively thenumbers of permanent and temporary local employees employed on the Works and the activities on whichthey were engaged.
Payment and Productivity
In order that the project is economically viable, and the employment of labour is not merely a "hand-out" tothe local community, it is important that payment of the labour force is linked to productivity. Increasedproductivity can be achieved by utilising the "Task Work" principle (see Clause C3.3.5), in terms of which
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC3 Scope of Work
the Contractor will be required to reward the labour force on the basis of Tasks completed, subject to theminimum 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 duringthe period.
Conditions of Temporary Employment
The Conditions of Temporary Employment stated below, and the Task Work principles given in ClauseC3.3.5 have been based on the Framework Agreement between the Congress of South African TradeUnions (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 EMPLOYMENTRate of payment for Task Work related activities Statutory minimum daily wageMinimum rate of payment for labour (participating inactivities where no production rate is specified)
Statutory minimum daily wage
Normal working hours per day 9,25 hoursTransport to site NilPayment for all special non-working days (except Sundaysand non-working Saturdays) - Clause 5.8 of GeneralConditions of Contract:
• Where the worker does not work
• Where the worker does work
Statutory minimum daily wage
2 x Task-rate or 2 x statutoryminimum daily wage where noproductivity is specified
Payment during accredited training 50% of statutory min daily wageNotice of termination of temporary employment 7 daysSeverance pay NilWorkmen’s Compensation Act (WCA ) benefits ApplicableUnemployment Insurance Fund Applicable
Any changes to the above scheduled employment conditions after the closing of the Tender which affectsthe Cost of the Works will be dealt with in accordance with Clause 6.8.4 of the General Conditions of theContract. The said employment conditions are not negotiable between the Contractor and any partywhatsoever 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. TheEngineers Representative will monitor productivity to ensure that this principle is carried out. For labourintensive construction (LIC) activities where no production rate is applicable, the minimum rate of paymentper 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 ofthe Occupational Health and Safety Act.
(ii) Persons under the age of sixteen years shall not be permitted to work on labour intensiveprojects.
(iii) The Contractor shall give to an employee, at the earliest possible opportunity, an inductionto 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 thetermination of the project and/or the requirements of that employee's participation in theproject; provided that such notice shall not be less than 7 days. Payment may be madein lieu of such notice.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC3 Scope of Work
(v) The employee shall, upon termination of his services, be entitled to a certificate of serviceshowing the full names of the employer and the employee, the type of work done by theemployee, the date of commencement, a record of training received and the date oftermination 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 hourscontinuously without a meal interval of not less than half an hour during which intervalsuch 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 CompensationAct: refer Clause 38. (7) Of the Special Conditions of Contract.
Task Work Related Activities
A Task shall be determined on the basis of what an average person from the local community couldcomplete in a day. A Task shall be defined on the said basis with regard to the prevailing physical conditionse.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) previouslybeen 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 Bidders/Contractor in thepreparation of his tender in as far as LIC construction methods are concerned.
SCHEDULE OF DAILY TASK PRODUCTION RATE PARAMETERSACTIVITY PRODUCTION RATE
(quantity per task per day)No Description Unit From: To:1.1.11.21.31.422.13.4.
5.
6.6.16.26.37.8.9.10.
Excavation:- Soft (sandy) material: 0 to 1,0 m deep- Ditto: 0 to 1,5 m deep- Clayey material: 0 to 1,0 m deep- Ditto: 0 to 1,5 m deep
Backfilling in:- Soft (sandy) material: 0 to 1,5 m deepTrim and compact roadbedPlace and compact sidewalk material (calcreteor ferricrete): 100 mm thickPlace and compact base course or subbase(excluding mixing): 150 mm thickManufacture (pre-casting):- Kerbs (0,3 to 1,0 m length)- Bricks- BlocksBrickwork to manholes and similar (220 mm thick)Laying block work to toiletsMixing concretePlace and spread sand asphalt
m3
m3
m3
m3
m3
m2
m2
m2
NoNoNom3
m3
m3
t
21,110.7
238
25
15
1580601,52,00,72,5
5,5432,8
575
50
30
252001503,75,035,2
FOLLOWING HAVE NOT YET BEEN SANCTIONED BY SAFCEC
11.11.111.212
Backfilling in:- Soft (sandy) material: 1,5 to 2,5 m deep- Clayey material: 0 to 1,5 m deepWheelbarrow haul
m3
m3
m3.m
1,81,2270
4,53,5700
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC3 Scope of Work
C3.2.1 Applicable SANS Standards for Construction Works
The following SANS specifications are also referred to in this document and the Contractor is advised toobtain them from Standards South Africa (a division of SABS) in Pretoria.
SANS 10396: 2003: Implementing Preferential Construction Procurement Policies using TargetedProcurement Procedures
SANS 1914-1 (2002): Targeted Construction Procurement
SANS 1921-1 (2004): Construction and Management Requirements for Works Contracts Part 1: GeneralEngineering and Construction Works
SANS 1921-6 (2004): Construction and Management Requirements for Works Contracts Part 6: HIV/AIDSAwareness
C3.2.2 Applicable National and International Standards
The Standard Specification for Road and Bridge Works for State Authorities 1998, prepared by theCommittee of Land Transport Officials, (COLTO), as amended, shall apply to this Contract.
C3.2.3 Particular / Generic specifications
The following Project Specifications and Particular Specifications apply:
PS 1 GENERAL DESCRIPTION OF CONTRACT
This project is intended for the construction of 4,5km of gravel for internal streets and related storm waterdrainages to Manzana village within Sakhisizwe Municipality.
Labour intensive construction activities are included in the Contract, viz. hand excavation, bedding, pipelaying, blanket fill, backfill, concrete lining to side drains and removal of oversize material.
PS 2 DESCRIPTIONS OF THE SITE AND ACCESS
The project area is in Manzana village of Sakhisizwe Municipality which falls under the jurisdiction of ChrisHani District Municipality, and the nearest town is Cala. The site can be accessed via R410 from Cala Townto Queenstown, approximately 3 km from Cala CBD towards Queenstown, then take DR08449 to Manzanavillage and the start of the proposed road is 7km from R410 and DR08449 Tee Junction.
The operation of construction vehicles on existing roads or streets, or on streets which have beencompleted to the level of sub-base or base, shall be limited to traffic with an axle load not exceeding thatallowed by the Road Traffic Ordinance of the authority concerned, or any amendment thereof. Hauling isstrictly forbidden on sections of streets that have been completed as described above. The Contractor shallmake use of temporary haul roads, or where not practically possible, program his work in such a mannerthat the haulage of materials shall be restricted to that required for the particular section of road. Noadditional payment shall be made for the use of temporary haul roads and all relevant costs shall bedeemed to be covered by the appropriate rates.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC3 Scope of Work
The Contractor must note that no payment will be made for the construction of temporary access roads tothe construction site, borrow-areas or to the spoil sites.
If the Contractor does make use of existing roads for the hauling of materials to or from the site, he shall beheld responsible to clear any spillage caused by his activities on or near the roads by whatever meansnecessary, within two (2) days after such spillage has occurred. No additional payment will be made for theclearance of spillage and all relevant costs will be deemed to be covered under the relevant items.
PS 3 CONSTRUCTION PROGRAMME
The time for completion on this Contract is as shown in the Contract Specific Data and includes theallowance for inclement weather. All statutory holidays for the Civil Engineering Industry falling within theauthorised Contract period, will be allowed as extensions to this period, but the Contractor will not be paidadditional Time-Related charges for these days.
The Contractor shall submit a preliminary programme with his Bid indicating the main activities to be carriedout.
Any work carried out prior to approve sureties and proof of insurances being submitted will be at theContractor’s risk. The start and completion dates of the Contract will however not be adjusted due to latesubmission of approved sureties.
The Contractor shall submit to the Engineer within 14 days of receiving the Letter of Acceptance from theEmployer, a detailed programme setting out clearly the sequence of work, and the resources which heintends to use, and a projected Cashflow for the various sections of the work. The programme shall besubmitted in the form of a bar chart. The quantity of work applicable to each bar item as well as the rate, atwhich 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 shallproduce a revised programme showing modifications to the original programme necessary to ensurecompletion of the works or any part thereof within the time of completion as defined or any extended timegranted. Any proposal to increase the tempo of work must be accompanied by positive steps to increaseproduction by providing more labour and plant on site, or by using the available labour and plant in a moreefficient manner.
Failure on the part of the Contractor to submit or work according to the approved programme or revisedprogramme, shall be sufficient reason for the Employer to take steps as provided for in the GeneralConditions of Contract.
The approval by the Engineer of any programme shall have no contractual significance, other than that theEngineer would be satisfied if the work is carried out according to such programme, and that the Contractorundertakes to carry out the work in accordance with the programme. It shall not limit the right of theEngineer to instruct the Contractor to vary the programme should circumstances make this necessary.
PS 4 DETAILS OF THE CONTRACT
PS 4.1 MAIN CONTRACT
Work included in this contract involves the following:
1. Clearing the site of fencing, rubble, vegetation, vestiges of all past human endeavours,and other unwanted materials and the disposal thereof;
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC3 Scope of Work
2. Rip and Re-compact existing road layer to form road bed;
3. Provision of side drains;
4. Rehabilitation of existing stormwater facilities on site;
5. Installation of Class 100D Concrete pipes;
6. Importation and processing of gravel material to 150mm thickness for a width varyingfrom 2.5m to 7m;
7. Installation of road signs;
8. Installation of name board.
The Employer reserves the right to reduce the scope of works depending on the availability of funds. Thegravel surfacing layer must comply with the following
a. The material for GWC to be Class E as defined in Table 1 of TRH20
b. Where in-situ material is utilized the material to be broken down to the grading
specification as defined in a modified Table 1 of TRH 20 as follows:
(v) CBR: = 15 at = 95 per cent Mod AASHO compaction and OMC
c. The imported GWC to be 150mm thick and compacted to 95% Mod AASHTO density
unless specified otherwise by the Engineer in writing.
PS 4.2 LABOUR INTENSIVE CONSTRUCTION METHODS
The portions of the Works to be constructed utilising labour-intensive construction methods only, unlessotherwise instructed by the Engineer and in accordance with the further provisions of the relevant sectionsof the Project Specifications set out in Portion 2, shall be:
excavation of pipe trenches where the ground permits economic production;
mixing, transporting, placing and finishing of all concrete;
excavation (in soft and intermediate materials);
spoiling of all materials within distance not exceeding 20 meters;
transportation of all earthworks for distances not exceeding 20 meters;
removal of all oversize materials;
cleaning and tidying up the Site
Failure to construct these portions of the Works using local labour-intensive construction methods shallrender the Contractor liable to pay to the Employer the penalty that is indicated in the “Contract Part 1 :Contract Data Completed by the Employer”
In respect of those portions of works which are not listed above, the construction methods adopted andplant utilised shall be at the discretion of the Contractor, provided always that the construction methodsadopted and plant utilised by the Contractor are appropriate in respect of the nature of the Works to beexecuted and the standards to be achieved in terms of the Contract.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC3 Scope of Work
PS 4.3 RESTRICTION OF THE USE OF PERSONNEL IN THE PERMANENT EMPLOY OF THECONTRACTOR
The Contractor shall limit the utilisation on the Works, of his permanent employed personnel to that of keypersonnel only and shall execute and complete the Works utilising a Temporary Workforce of localresidents, employed directly by the Contractor through the Community Liaison Officer (CLO).
PS 5 SITE FACILITIES AVAILABLE
PS 5.1 SOURCES OF WATER SUPPLY AND POWER SUPPLY
The Contractor shall make his own arrangements for the provision of water for domestic use, site works andthat, which is required for compaction purposes.
The Contractor shall take note that no direct payment will be made for any costs incurred for the provision ofa water supply point, nor for the cost of water drawn. Payment for the aforementioned shall be deemed tobe covered by the rates and price tendered and paid for the various items of work included under theContract.
The Contractor shall make himself thoroughly acquainted with the regulations relating to the use of water inthe 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 anycause whatsoever, nor for additional costs incurred by the Contractor as a result of such shortage.
The Contractor shall make his own arrangements regarding the supply of electricity. The Contractor shalltake note that no direct payment will be made for any costs incurred for the provision of a power supplypoint, nor for the cost of electricity drawn. Payment for the aforementioned shall be deemed to be coveredby the rates and price tendered and paid for the various items of work included under the Contract.
PS 5.2 LOCATIONS OF CAMP AND DEPOT
The Contractor shall establish his site camp and materials storage area at a mutually acceptable location asapproved by the Engineer. The Contractor shall confine his camp and storage of materials to the areasdesignated or approved by the Engineer. The camp must be kept clean and tidy and, on completion of theconstruction works, the Contractor shall re-instate the areas to the Engineer’s satisfaction.
PS 5.3 HOUSING FOR CONTRACTOR'S EMPLOYEES
No housing is available for the Contractor's employees, and the Contractor shall make his ownarrangements for housing his employees or transporting them to and from the site. The Contractor is in allrespects responsible for the housing and transporting of his employees, and for the arrangement thereof,and no extension of time due to any delays resulting from this will be granted.
PS 6 SITE FACILITIES REQUIRED
PS 6.1 ENGINEER’S SITE FACILITIES
An office for the Engineer is required. The type of office required for the Engineer is specified in relevantsection of the project specifications. Site Meetings will be held in the Contractor’s site office.
Project: R/EC/6367/09/09: Construction of Manzana Access RoadsC3 Scope of Work
Not requiredPS 6.3 SANITARY FACILITIES FOR THE CONTRACTOR’S STAFF
The Contractor shall supply chemical toilets for use by his employees and temporary workers and shall beentirely responsible for maintaining such toilets in a clean and sanitary condition to the satisfaction of theEngineer and the health authorities. The number of toilets shall be based on one toilet per fifteen personnelon site and the Contractor shall make his own arrangements and pay all charges for the removal of sewage.Under no circumstances will the Contractor’s staff be allowed to use public toilet facilities.
PS 6.4 TELEPHONE FACILITIES
The Engineer will use his own cellular and office telephones for this Contract. Accounts for use of the saidtelephones will be submitted to the Contractor for payment up to the maximum of R500.
PS 6.5 ACCOMMODATION FOR EMPLOYEES
The Contractor shall make his own arrangements for the accommodation of his employees.
PS 6.6 SECURITY OF CONTRACTOR’S SITE CAMP
Security of the Contractor’s site camp will be the Contractor’s own responsibility and no additional paymentwill be made if additional security measures need to be taken during the Contract.
PS 7 FEATURES REQUIRING SPECIAL ATTENTION
PS 7.1 SAFETY REGULATIONS
Both the "Factories, Machinery and Building Work Act (Act 22 of 1941) and the "Machinery andOccupational Safety Act (Act 6 of 1983)" must, wherever they appear in the standardised specifications, besubstituted by the "Occupational Health and Safety Act (Act 85 of 1993)".
PS 7.2 SURVEY BEACONS
The Contractor shall be solely responsible for the protection of survey pegs.
PS 7.3 "AS BUILT" DRAWINGS
As the work progresses, the Contractor shall keep full records of all amendments to and deviations from thedrawings as issued to the Contractor at the start of the contract. This information must be submittedmonthly by the Contractor with his payment certificate, to the Engineer. The true positions, invert levels andground levels of all services shall be indicated on the drawings, for which purpose the Contractor shallreceive a separate complete set of drawings from the Engineer, at no cost.
The completion certificate shall only be issued after the Engineer has received a properly completed set of"as-built" drawings from the Contractor. No separate payment shall be made for this service, as all costsrelated thereto shall be deemed to be included in the related items.
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The Contractor is in all respects responsible for the handling of possible subsurface water. No separatepayment shall be made for this, as all costs related thereto shall be deemed to be included elsewhere in theBided rates.
PS 7.5 FINISHING AND TIDYING
Progressive and systematic finishing and tidying will form an essential part of this contract. Under nocircumstances shall spoil, rubble, materials, equipment or unfinished operations be allowed to accumulateunnecessarily and in the event of this occurring the Engineer shall have the right to withhold payment for aslong as necessary in respect of the relevant works in the area(s) concerned.
PS 8 OCCUPATIONAL HEALTH AND SAFETY SPECIFICATIONS
PS 8.1 NEW CONSTRUCTION REGULATIONS
In terms of the new Construction Regulations, the Contractor is required to provide and demonstrate to theClient a suitably documented OH&S plan based on the specifications contained under this (PS 10) clause.Contractors are at all times to work in accordance with the Regulations.
PS 8.2 OH&S PLAN AT BID STAGE
Bidders shall submit an OH&S plan with their Bid document. This shall be a preliminary plan that may beexpanded on and finalised after award of the contract.
The OH&S Plan should be based on the following principles:
A proper risk assessment of the construction work.
Pro-active identification of potential hazards and unsafe working conditions.
Informing and/or training of employees in hazards and risk areas.
Provision of a safe-working environment and safety equipment.
Ensure the safety of sub-contractors through their safety plans.
Monitor the health and safety on the construction works on a regular basis.
Use competent safety officers.
The preliminary plan submitted with the Bid document shall include, but not be limited to, the following:
PS 8.2.1 Description of the Project
The project entails construction of 4.5 km long gravel access road with associated storm water controlmeasures. The project duration is six months.
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PS 8.2.2 Communications and Management of the Works
Management structure and responsibilities.
Details of the construction supervisor, as well as his appointed assistants.
Details of the construction safety officer (full-time or part-time).
Details of the suitability and competency of the above persons regarding the health andsafety of the construction works.
OH&S goals for the project and arrangements for monitoring and review of OH&Sperformance.
Arrangements for:
- Regular liaison between parties on site, including other Contractors.
- Consultation with the workforce.
- Exchange of design information between Client, Engineers (Designers) andContractors on site.
- Handling design changes during the project.
- Selection and control of Sub-contractors.
- Exchange of OH&S information between Client, Engineer, Contractor and Sub-contractors.
- Security, site induction and on-site training.
- Welfare facilities and first-aid.
- Reporting and investigation of accidents and incidents, including near misses.
- Production and approval of risk assessments and method statements.
PS 8.2.3 Site Rules
Information is to be supplied by Bidder.
PS 8.2.4 Fire and Emergency Procedures
Information is to be supplied by Bidder.
PS 8.2.5 Risk Assessment
The Contractor has to provide details of a proper risk assessment on which his health and safety plan isbased and ways in which all construction employees are to be informed, instructed and trained regardinghazards and the related safe-work procedures.
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Services, including temporary electrical installations. Preventing falls (personnel and equipment). Work with or near fragile materials. Control of lifting operations. Dealing with services (water, electricity, etc). Maintenance of plant and equipment. Poor ground conditions. Traffic routes and segregation of vehicles and pedestrians. Handling and storage of hazardous materials. Work in confined spaces. Trenching operations deeper than 1,5 m. Work at elevated heights (> 3,0 m). Breaking into / demolition of existing structures. Other significant site risks.
PS 8.2.5.2 Health risks
Dust containing cement, silica and other hazardous substances. Manual handling. Use of hazardous chemical substances, including cement, paint, etc. Reducing noise and vibration. Toilet and ablution facilities. Other significant health risks.
PS 8.2.7 Traffic ControlInformation is to be supplied by Bidder.
PS 8.2.8 Safe Work Procedures
Information is to be supplied by Bidder.
PS 8.3 SPECIAL RISKS
Contractors are to take note of the special risks that may be encountered during the project and to includethese special risks in the OH&S plan.
PS 8.3.1 Earthworks
Trenches deeper than 1, 5 m. Wet ground conditions and seepage in the marshy areas. Hard rock in the form of core-stones and boulders. Trenching close to the river (water seepage, unstable ground conditions).
PS 8.3.2 Support Work and Shuttering Vertical shuttering to walls up to 6, 0 m high. Horizontal shuttering up to 5, 0 m above floor level.
PS 8.3.3 Concrete Work Hazardous chemical substances in cement and additives may give rise to skin irritant
and/or dermatitis.
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Noise and dust (silica) during cutting and breaking. Use of potentially hazardous plant (grinders, concrete breakers) during cutting and
breaking.
PS 8.3.4 Pipework
Pipes will have to be laid under wet conditions near the river and in the marshy areas. Use of electricity may be hazardous in the wet conditions. Working space may be limited.
PS 8.3.5 Control of Traffic
Access to the site is from existing roads.
PS 8.4 HEALTH AND SAFETY FILE
The Principal Contractor shall open and maintain an OH&S file for the duration of the contract. Oncompletion of the contract, the Principal Contractor shall hand the OH&S file to the Client.
The OH&S file shall include, amongst others, the following:
A list of Subcontractors, Subcontractor Agreements and details of the type of work beingdone.
All drawings and “as-built” drawings and plans used and produced throughout the contract. Design criteria such as design loadings for structural elements. Potential hazards included in the structure, e.g. pre- or post tensioned beams or slabs, load
bearing brickwork, etc. (Details should be provided). General details of construction methods and materials used. Details of the equipment and maintenance facilities within the structure. Maintenance procedures and requirements for the structure. Manuals produced by suppliers and specialist contractors, which include operating and
maintenance procedures and schedules for plant and equipment. Details of the location and nature of utilities and services, including emergency and fire-
fighting systems.
PS 8.5 NOTICE OF CONSTRUCTION WORK
The Contractor shall complete Annexure A – Notification of Construction Work of Regulation 3 of theConstruction Regulations 2003.
The original shall be forwarded to the office of the Department of Labour closest to the site. A copy of theoriginal must be kept on site at all times.
PS 9 UNAUTHORISED PERSONS
The Contractor shall keep unauthorized persons from the works at all times, under no circumstances mayany person except guards be allowed to sleep on the building site.
PS 10 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
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2 Technical Meetings with the Engineer 1 Health and Safety audit meeting per month 1 Health and Safety monitoring meeting per month
PS 11 FORMS FOR CONTRACT ANDMINISTRATION
The Contractor will be required to keep, as a minimum, the following records on site for the duration of theContract
Site Diary Site Request book Site Instruction book Occupational Health & Safety file
PS 12 ELECTRONIC PAYMENTS
The Contractor will be paid via electronic means, or by other means deemed appropriate, by, and at thesole discretion of, the Sakhisizwe Local Municipality.
PS 13 DAILY RECORDS
The Contractor will be required to keep, as a minimum, the following daily records on site for the duration ofthe Contract
Plant on site Personnel on site Weather conditions Safety issues Work activities conducted
PS 14 PAYMENT CERTIFICATES
The Contractor is required to submit the following information with payment certificates to expediteverification and certification by employer.
Proof of payment of local labour Proof of payment of suppliers Proof of ownership of materials on site
PS 15 PERMITS
No permits are required to carry out the normal construction activities
PS 16 EPWP LABOUR-INTENSIVE SPECIFICATIONS
This contract is substantially an EPWP project. Provision shall therefore be made for the installation ofEPWP project branding to the satisfaction of the Engineer. All items in the Bill of Quantities (BoQ) that aremarked “LI” must only be done using labour-intensive methods, unless prior approval based is obtainedfrom the Engineer. Items marked “LI” in the BoQ entail the supply and installation of materials. Theinstallation component must only be done by labour-intensive methods, unless the contrary is approved bythe Engineer prior to the execution of such works. No claim/statement will approved by the Engineer wherethe LI and/or LI* items are not executed according the approved procedure. Consequently, no payment willbe effected by the Employer for such works.
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PS 16.1 LABOUR INTENSIVE COMPETENCES OF SUPERVISORY AND MANAGEMENT STAFF
The envisaged execution procedure for EPWP components shall be properly set out in the ContractExecution Plan, which shall form part of the bid. It is envisaged that the responsible site personnel for theContractor shall have the necessary EPWP training on Labour-Intensive Construction.
Contractors with a CIDB grading of 5CE and higher shall only engage supervisory and management staff inlabour-intensive works who have either completed, of are registered for training towards, the skillsprogramme set out in Table 16.1 below.
The managing principal of the contractor with a CIDB grade of below 5CE shall have personally completed,or registered for, a skills programme for the NQF level 2. All other site supervisory staff in the employ of theContractor must have completed, or be registered on a skills programme for, NQF level 2 unit standard orNQD level 4 unit standard.
TABLE 16.1: SKILLS PROGRAMME FOR SUPERVISORY AND MANAGEMENT STAFF
Personnel NQFlevel Unit Standard Title Skills Programme
Definition
Team leader 2
Apply Labour-Intensive Construction (LIC)Systems and Techniques to WorkActivities
This unit standardmust be completed,and
Use of LIC methods to construct andmaintain roads and stormwater drainage
any of these 3 unitstandards
Use of LIC methods to construct andmaintain water and sanitation servicesUse of LIC methods to construct, repairand maintain structures
Foreman/Supervisor 4
Implement LIC systems and techniques
This unit standardmust be completed
and
Use of LIC methods to construct andmaintain roads and stormwater drainageUse of LIC methods to construct andmaintain water and sanitation servicesUse of LIC methods to construct, repairand maintain structures
Site Agent 5 Manage LIC processes Skills programmeagainst this singleunit standard
PS 16.2 EMPLOYMENT OF UNSKILLED AND SEMI-SKILLED WORKERS
Unskilled and semi-skilled labour requirements for the execution of all labour-intensive works shall beengaged strictly in accordance with the prevailing legislation and SANS 1914-5: Participation of TargetedLabour. The rate of pay set for the SPWP is as per the gazetted daily rates. Tasks set by the Contractorshall be such that:
(a) The average worker completes 5 tasks per week in 40 hours or less(b) The “weakest” worker completes 5 tasks per week in 55 hours or less.
The Contractor shall, through all available community structures, inform the local community of the labour-intensive works and the employment opportunities presented thereby. Preference shall be given to peoplewith previous practical experience in construction and/or who come from households:
a) Where the head of the household has less than 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.
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The Contractor shall ensure that the expenditure on the employment of temporary labour is in thefollowing proportions:a) 60% women;b) 20% youth;c) 2% on persons with disabilities.
PS 16.3 SPECIFIC PROVISIONS PERTAINING TO SANS 1914-5
a) DefinitionsTargeted labour: Unemployed persons who are employed as local labour on the project.
b) Contract Participation GoalsThere is no specified contract participation goal for this Contract. However, the provisions of the Contract interms of LIC requirements shall be complied with. Contract participation goal shall be measured in theperformance of the Contract to enable the employment generated to targeted labour to be quantified.The wages and allowances used to calculate the contract participation goal shall, with respect to both time-related and task-related workers, comprise all wages paid and any training allowance paid in respect ofagreed training programmes.
c) Terms and conditions for the engagement of targeted labourFurther to the provisions of clause 3.3.2 of SANS 1914-5, written contracts shall be entered into withtargeted labour.
d) Variations to SANS 1914-5
i) The definition for net amount shall be amended as follows:
“Financial value of the Contract upon completion, exclusive of any VAT or sales tax whichthe law requires the Employer to pay to the Contractor”
ii) The schedule referred to in 5.2 shall, in addition, reflect the status of targeted labour aswomen, youth and persons with disabilities, and the number of days of formal trainingprovided to targeted labour.
e) Training of targeted labour
i) The Contractor shall provide all the necessary on-the-job training to targeted labour toenable them to master the basic work techniques as required to undertake the work inaccordance with the Contract, and in a manner that does not compromise the workers’health and safety.
ii) The cost of formal training of the targeted labour will be funded by the Provincial Office ofthe Department of Labour. This training must take place as close as possible to the projectsite. The Contractor must access this training by informing the relevant provincial office ofthe Department of Labour in writing, within 14 days of the award of this Contract. TheContractor shall simultaneously ascertain the number of persons that will be trained andwhen such training is required. The Engineer must be furnished with a copy of this request.Failure to communicate the above with the Department of Labour, and consequently fail tosecure finding for the training, will not absolve the Contractor from training the identifiedworkers, and might result in the Contractor covering the costs of such training.
iii) A copy of the request made by the Contractor to the Department of Labour must also besent, by the Contractor, to the EPWP Training Director in the Department of Public Works(Ms. Cinderella Makunike, Fax No. 012 328 6820 or [email protected], telephone number 083 677 4026)
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iv) The Contractor shall be responsible for scheduling the training of workers and shall take allreasonable steps to ensure that each beneficiary/trainee is provided with a minimum of sixdays of formal training if he/she is employed for 3 months or less and a minimum of tendays if he/she is employed for four months or more.
v) The Contractor shall do nothing to dissuade targeted labour from participating in trainingprogrammes.
vi) An allowance of 100% of the task rate/daily rate (whichever is applicable to that worker)shall be paid by the Contractor to the workers who attend formal training in terms of (iv)above.
Proof of compliance with the requirements of (ii) to (vi) must be provided by the Contractor to theEngineer prior to the submission of the final payment certificate, or upon request by the Engineer.
PS 17 PROJECT REPORTING
The Contractor shall submit monthly reports to the Engineer on the attached prescribed forms. The coststhereof will be deemed to have been covered on the Contractor’s tendered rates.
PS 18 PROOF OF COMPLIANCE WITH THE LAW
Requirements for compliance with CIDB registration and a SARS Certificate of Good Standing are to beprovided with the Bid.
PS 19 APPLICABLE STANDARDISED SPECIFICATIONS
For the purpose of this contract the following STANDARD SPECIFICATIONS FOR ROAD AND BRIDGEWORKS FOR STATE ROAD AUTHORITIES issued by COLTO shall apply:
SECTION 1200: GENERAL REQUIREMENTS AND PROVISIONSSECTION 1300: CONTRACTOR'S ESTABLISHMENT ON SITE AND GENERAL
OBLIGATIONSSECTION 1400: HOUSING, OFFICES AND LABORATORY FOR ENGINEER'S SITE
PERSONELSECTION 1600: OVERHAULSECTION 1700: CLEARING AND GRUBBINGSECTION 2100: DRAINSSECTION 2200: PREFABRICATED CULVERTSSECTION 2300: CONCRETE KERBING, CONCRETE CHANNELING, CHUTES AND
DOWNPIPES AND CONCRETE LININGS FOR OPEN DRAINSSECTION 3100: BORROW MATERIALSSECTION 3300: MASS EARTHWORKS AND PAVEMENT LAYERS OF GRAVELSECTION 3400: PAVEMENT LAYERS OF GRAVEL MATERIALSECTION 5100: PITCHING, STONE WORKS AND PROTECTION AGAINS EROSSIONSECTION 5200: GABIONSSECTION 5400: GUARD RAILSSECTION 5600: ROAD SIGNSSECTION 7100: CONCRETE PAVEMENTSSECTION 8100: TESTING MATERIALS AND WORKMANSHIP
AS WELL AS THE SOUTH AFRICAN ROAD TRAFFIC SIGNS MANUAL LATEST EDITIONAS ISSUED BY DEPARTMENT OF TRANSPORT.
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VARIATIONS AND ADDITIONS TO REQUIREMENTS OF STANDARDIZED SPECIFICATIONS
The following variations and additions to the Standard Specifications for Road and Bridge Works for StateRoad Authorities issued by COLTO 1998 Edition will be valid for this contract. The prefix "B" indicates anamendment to Standard Specifications for Road and Bridge Works for State Road Authorities issued byCOLTO 1998 Edition. The numbers following these prefixes are the relevant clause numbers in StandardSpecifications for Road and Bridge Works for State Road Authorities issued by COLTO 1998 Edition.Particular specification will have prefix "APS".
NOTE
SECTION 1300: CONTRACTOR’S ESTABLISHMENT ON SITE AND GENERAL OBLIGATIONS
B1302: GENERAL REQUIREMENTS
(a) Camps, constructional plant and testing facilities
Add the following after the first paragraph:“Before the establishment of the contractor’s camp at an approved site, the area will first befenced off and, if required by the engineer, 150 mm of topsoil and vegetation removed totemporary stockpiles as described in Section 1700.”
(c) Legal and Contractual Requirements and responsibilities to the public
Add the following as a second paragraph(i) “There has been recent legislation promulgated by Government that improves mutual
obligations on the employer and contractor in the performance of their duties tosociety and to the built and natural environment.
APS 1: Name Board
Add the following:
"The Name Board for this contract shall be erected within a month of the commencement date ofthe Contract and shall be placed where ordered by the Engineer. Any damage to this board shall berepaired within fourteen days of a written instruction by the Engineer. Details of the Name Board arebound in this document.”
B1303: MEASUREMENT AND PAYMENT
Item UnitB13.01 The contractor’s general obligations
Add the following pay sub-item:“(d) Health and safety obligation…………………………………………….……..Month”
13/12.01 Community Liaison Officer(s)
(a) Remuneration of Community Liaison Officer(s)………………………….Prov. Sum
(b) Contractor's handling costs, profit and all other charges in respect of sub items 13/12.01 (a)……………………………………………………….......%”
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Delete the 11th paragraph commencing “The tendered rate per month for sub item 13.01(c) ……and replace with:
“The tendered rate per month for sub item 13.01 (c) represents full compensation for that part of thecontractor’s general obligations that are mainly a function of construction time. The tendered sumwill be paid monthly, pro rata for parts of a month, from the Commencement Date (as defined in theSpecial Conditions of Contract ) until the end of the period for completion of the works, plus anyextension thereof as provided in the general conditions of contract.
Payment for time related costs arising from extensions of time granted by the employer, where thecontractor is fairly entitled to such compensation in terms of the General Conditions of Contract, willbe calculated by taking account only of pay items for which the unit of measurement is “month”. Allpay items for which the unit of measurement is "month" are deemed to be based on 23 workingdays per month.”
Insert the following paragraph:"Should the combined total tendered for sub items (a), (b), and (c) exceed 15 % of the tender sum(excluding VAT), the tenderer shall state his reasons in writing for tendering in this manner. Thetenderer's attention is drawn to Form I: Contractor’s Establishment on Site, (bound in this Volume),to be completed by the tenderer. If the tenderer should require additional compensation for hisobligations under section 1300 (over and above the total tendered for item B13.01) by includingsuch additional compensation in the tendered rates and/or lump sum of items in the bill ofquantities, these items and the value of such additional compensation shall also be indicated inwriting in a letter attached to Form I.”
Add the following as a final paragraph at the end of this section on payment“Payment of the rate per month for sub-item (d) shall include full compensation for all thecontractor’s obligations relevant to health and safety legislation.
The tendered rate shall apply in the same manner as pay sub-item B13.01(c) but shall not form partof the calculation of the restrictions imposed on Form to tender CONTRACTOR’SESTABLISHMENT ON SITE.
A contractor who tenders zero for this pay item shall not be relieved of his statutory obligations. A nilrate offered shall be deemed not as an omission but as deliberate notice that costs have beenincluded in the tendered rates for individual items of work or in the other preliminary and generalpay items.”
SECTION 1500: ACCOMMODATION OF TRAFFIC
B1502: GENERAL REQUIREMENTS
Add the following new sub-clauses:“(j) Public traffic
The contractor shall plan and conduct his activities in such a way as to bring about the leastpossible disruption to the travelling public on the roads on which he works.
(k) Non-compliance with the conditions for the accommodation of traffic
Failure or refusal on the part of the contractor to take the necessary steps to ensure the safety andconvenience of the public traffic in accordance with these specifications or as required by statutoryauthorities or ordered by the engineer, the engineer shall have the right to stop any operation where
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the traffic accommodation measures are not to specification or as ordered, until he is satisfied thatthe conditions have been complied with.”
B1503: TEMPORARY TRAFFIC CONTROL FACILITIES
Add the following after the second paragraph:“The Contractor must ensure that the traffic control facilities are clean at all times.
Traffic control facilities will only be paid for once under item 15.03.
The Contractor will obtain approval from the engineer at the outset of the contract regarding thenumber of traffic control devices required before he places any orders in this regard.”
(b) Road signs and barricades
Add the following:“All roads signs and barricades shall be new and shall comply with the requirements of the latestversion of the South African Road Traffic Signs Manual (SARTSM).
(e) Warning devices
Add the following:“All self-propelled vehicles and equipment used on site shall be provided with amber flashing lights(“Britax” or similar). These lights must be switched on when the vehicle or equipment are usedwithin deviations, existing roads and access roads. The lights must be mounted onto the vehicleand must be visible from all sides. Payment for these lights shall be included in the rates coveringthe use of these vehicles.
The contractor shall provide the engineer with reflective safety jackets and amber flashing lights fortheir vehicles. This will become the property of the contractor at the end of the contract period.
SECTION B3200: SELECTION, STOCKPILING AND BREAKING DOWN THE MATERIALS FROMBORROW PITS, CUTTINGS AND EXISTING PAVEMENT LAYERS AND PLACING AND COMPACTINGTHE GRAVEL LAYERS
B3203: STOCKPILING THE MATERIAL
In the third paragraph, replace the second and third sentences with:
“A photographic record shall be kept of all stockpiling areas. Before any stockpiling may be done the areashall be cleared of topsoil to a sufficient depth that will subsequently allow for the complete rehabilitation ofthe site with a cover of topsoil that does not exceed 100mm in depth and is not less than 75mm in depth. Ifthere is insufficient topsoil; the contractor shall acquire whatever balance is needed to rehabilitate the areaat his own cost. No make-up topsoil shall be taken from the road reserve. The topsoil shall be stored in anarea that shall not be affected by construction activities nor impede the natural flow of water. The topsoil sowindrowed or stockpiled and its surrounds shall be kept free of all undesirable vegetation. The contractorshall not commence his stockpiling activities without prior written approval from the engineer that the sitehas been adequately prepared.
After the stockpiled material has been removed, the site shall be reinstated as closely as possible to itsoriginal condition by ripping of the affected areas, re-landscaping if necessary, re-instatement of the topsoiland re-vegetation.”
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SECTION 3300: EARTHWORKS AND PAVEMENT LAYERS OF GRAVEL
B3301: Scope
Add the following at the end:
"The Engineer will give final instructions during construction regarding the use of cut material andthe treatment of roadbed."
SECTION 3400: PAVEMENT LAYERS OF GRAVEL MATERIAL
B3403(c) Delete the entire sub-clause and replace with
"The decision to crush the pavement material will be dependent upon its quality and hardness, andwill be at the sole discretion of the Engineer."
APS 4: PROVIDING ACCESS TO ERVEN AND PROPERTIES
Access to erven and properties affected by construction work must be provided by the Contractor at alltimes. To this end suitable road and trench crossings shall be constructed where required. If as a result ofrestricted road reserve widths and the nature of the works the construction of by-passes is not feasible,construction shall be carried out under traffic in order to provide access to the erven and properties.
The Contractor may, with the approval of the Engineer, arrange with the occupiers of the affected erven andproperties to temporarily close off a portion of a street, road, footpath and or entrance, provided that theContractor shall give due notice of the intended closure and its probable duration to the occupiers and shallas punctually as possible re-open the route at the prescribed time. Where possible the road shall be madesafe and re-opened to traffic overnight.
Any such closure shall be an arrangement between the Contractor and the occupiers and shall not absolvethe Contractor from his obligations under the contract to provide access at all times.
Barricades, traffic signs and drums shall be provided by the Contractor to suit the specific conditions." Nopayment will be made under this Item."
SECTION B5600: ROAD SIGNS
B5601: SCOPE
Replace “South African Road Traffic Signs Manual” in the second paragraph with:
“SADC Road Traffic Signs Manual”
B5603: MANUFACTURING OF ROAD SIGN BOARDS AND SUPPORTS
(a) Road signboards
Add the following:“The contractor shall make every effort to ensure that signboards are correct in all respect and beforedispatching the boards from the manufacturer’s factory shall provide the engineer with a 100mm x 150mmcolour photograph of each sign face for approval of the correctness of the legend. Such approval will notimply final acceptance of the board. If the contractor is in any doubt as to the correctness of the sign detail,the sign designer shall be contacted for verification.”
(a) (ii) Steel profile road signboards
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Add the following:“Chromadek section shall be assembled in accordance with the details of Standard Plans SP-B-12-Sheets4 and 5 and SP-B-4-Sheets 33E and 34E.
Where the letter or legends cross the horizontal joints of the sign panels, the letter shall be cut on the jointand both ends folded around the radius.
Retro-reflective material to adjoining Chromadek panels on a sign shall be practical visual match of thespecified colour.”
B5604: ROAD SIGN FACES AND PAINTING
Add the following subclause:“(e) Application of retro-reflective material
All sign faces shall be faced with retro-reflective material. Painted front sign faces shall not be used.
Where applied to Chromadek sections, retro-reflective material shall be applied as specified for aluminiumsection in Clause 5603(d) of the Standard Specification, and of Clause B5603(a)(ii) of this projectSpecification.”
B5605: STORAGE AND HANDLING
Add the following:“The following shall not be allowed on the sign face:
Drilling of holes, except for the fastening of overlaysApplication of any form of adhesiveCleaning with any chemicals that are not specifically approved by the manufacturer of the retro-reflectivematerialCovering the sign face with an impermeable material that does not allow free circulation of air.”
B5606: ERECTING ROAD SIGNS
(c) Erection
Add the following:
“After erection the signboard shall be thoroughly cleaned with a cleaning agent approved by the retro-reflective material’s manufacturer.
All vegetation obstructing the new or replaced sign board shall be removed and disposed of as instructed bythe engineer.”
SECTION B5900: FINISHING THE ROAD AND ROAD RESERVE AND TREATING OLD ROADS
B5901: SCOPE
In the first line of the second paragraph, insert the following after ‘this section’
“…distinguishes between new construction and renewal construction. When construction is new, as in thecase of new alignments for example, then this section…..”
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Replace the sixth paragraph with:“All materials resulting from the finishing operations shall be disposed of at approved spoil sites.”
Add the following:“(b) Renewal Construction
After completing construction work within the site, the contractor shall ensure that all construction generatedor related material that may have been swept, windrowed, stockpiled, stored or spread beyond the roadsurface is removed. This shall be done before any other rehabilitation work is undertaken, includingshaping, topsoiling and grassing. Should, during the removal of construction generated or related material,existing vegetation or topsoil be disturbed or destroyed, the contractor shall, at his own cost, re-instate theroad reserve to its original state. This shall include ripping, should the construction material have compactedthe existing surface.
Culvert inlets and outlets, culvert barrels, and open drains shall be cleared of debris, soil, silt and othermaterial generated from the construction activities.
The surfacing shall be cleared of all dirt, mud and foreign objects. Dragging, pushing or scraping materialacross the finished surfacing shall not be permitted.
All junctions, intersections, islands, kerbing and other elements making up the completed works shall beneatly finished off.
The contractor shall ensure that all undesirable plants have been removed from the road reserve andborrow pit areas.
All materials resulting from the finishing operations shall be disposed of at approved spoil sites.”
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C3.4 PARTICULAR SPECIFICATION ENVIRONMENTAL MANAGEMENT PLAN
ENVIRONMENTAL MANAGEMENT PLAN (EMP)
This document forms an integral part of the Contract Specifications and, in particular, shall be apart of the ENVIRONMENTAL MANAGEMENT PLAN FOR CONSTRUCTION WORK. The Contractorshall comply with the requirements of the following specification:
1. Introduction
The following is a generic EMP to mitigate against “generally occurring impacts” associated with theconstruction phase. "Generally occurring impacts" refers to potential impacts typical of water infrastructureactivities and are not restricted to a single or specific site. The findings of this EMP will be implemented atall sites.The management of impacts associated with various categories of concern is discussed as separate topics,as indicated in Table 1(a) below.
TABLE 1(a): Category of Concerns
Paragraphnumber
Category of concern
1.1 Soil1.2 Water1.3 Air1.4 Social and Cultural1.5 Aesthetics1.6 Archaeological and Cultural sites.1.7 Flora1.8 Fauna1.9 Infrastructure
1.10 Safety1.11 Waste1.12 Rehabilitation and Site clearance.
1.1 Soil
a) Topsoil should be temporarily stockpiled, separately from (clay) subsoil and rocky material,when areas are cleared. If mixed with clay sub-soil the usefulness of the topsoil forrehabilitation of the site will be lost.
b) Stockpiled topsoil should not be compacted and should be replaced as the final soil layer. Novehicles are allowed access onto the stockpiles after they have been placed.
c) Stockpiled soil should be protected by erosion-control berms if exposed for a period of greaterthan 14 days during the wet season. The need for such measures will be indicated in the site-specific report.
d) Topsoil stripped from different sites must be stockpiled separately and clearly identified assuch. Topsoil obtained from sites with different soil types must not be mixed.
e) Topsoil stockpiles must not be contaminated with oil, diesel, petrol, waste or any other foreignmatter, which may inhibit the later growth of vegetation and micro-organisms in the soil.
f) Soil must not be stockpiled on drainage lines or near watercourses without prior consent fromthe Project Manager.
g) Soil should be exposed for the minimum time possible once cleared of invasive vegetation,that is the timing of clearing and grubbing should be co-ordinated as much as possible toavoid prolonged exposure of soils to wind and water erosion. Stockpiled topsoil must beeither vegetated with indigenous grasses or covered with a suitable fabric to prevent erosionand invasion by weeds.
h) Limited vehicular access is allowed across rocky outcrops and ridges.
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i) All cut and fill surfaces need to be stabilized with appropriate material or measures whenmajor civil works are complete.
j) Erosion and donga crossings must be dealt with as river crossings. Appropriate soil erosionand control procedures must be applied to all embankments that are disturbed anddestabilized.
k) All equipment must be inspected regularly for oil or fuel leaks before it is operated. Leakagesmust be repaired on mobile equipment or containment trays placed underneath immobileequipment until such leakage has been repaired.
l) Soil contaminated with oil must be appropriately treated and disposed of at a permitted landfillsite or the soil can be regenerated using bio-remediation methods.
m) Runoff must be reduced by channelling water into existing surface drainage system.
1.2 Water
a) Adequate sedimentation control measures must be instituted at any river crossings whenexcavations or disturbance of a riverbanks or riverbeds takes place.
b) Adequate sedimentation control measures must be implemented where excavations ordisturbance of drainage lines of a wetland may take place.
c) All fuel, chemical, oil, etc spills must be confined to areas where the drainage of water can becontrolled. Use appropriate structures and methods to confine spillages such as theconstruction of berms and pans, or through the application of surface treatments thatneutralise the toxic effects prior to the entry into a water course.
d) Oil absorbent fibres must be used to contain oil spilt in water.e) During construction through a wetland, the majority of the flow of the wetland should be
allowed to pass downstream.f) Vehicular traffic across wetland areas must be avoided.g) No dumping of foreign material in streams, rivers and/or wetland areas is allowed.h) The wetland area and/or river must not be drained, filled or altered in any way including
alteration of a bed and/or, banks, without prior consent from the DWAF. The necessarylicenses must be obtained in terms of Section 21 and 22 of the National Water Act, 36 of 1998from DWAF.
i) No fires or open flames are allowed in the vicinity of the wetland, especially during the dryseason.
j) No swimming, washing (including vehicles and equipment), fishing or related activity ispermitted in a wetland or river without written permission from the Project Manager.
k) Disturbances to nesting, breeding and roaming sites of animals in or adjacent to wetlandareas must be minimized.
1.3 Air
a) Speed limits must be implemented in all areas, including public roads and private property tolimit the levels of dust pollution.
b) Dust must be suppressed on access roads and construction sites during dry periods by theregular application of water or a biodegradable soil stabilisation agent. Water used for thispurpose must be used in quantities that must not result in the generation of run-off.
c) The site-specific investigation will quantify the impact of dust on nearby wetlands, rivers anddams in terms of sedimentation. Mitigation measures identified during the site specific studymust be implemented.
d) The Contractor must notify the Principal of all schools within 50m of the site of proposedactivities. The Principal must in turn ensure that children with allergies and respiratoryailments take the necessary precautionary measures during the construction period. TheContractor must ensure that construction activities do not disturb school activities e.g. dustclouds may reduce visibility affecting sports activities.
e) Waste must be disposed of, as soon as possible at a municipal transfer station, skip or on apermitted landfill site. Waste must not be allowed to stand on site to decay, resulting inmalodours.
f) Noise control measures must be implemented. All noise levels must be controlled at thesource. All employees must be given the necessary ear protection gear. IAP’s must beinformed of the excessive noise factors.
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g) The Contractor must inform all adjacent landowners of any after-hour construction activitiesand any other activity that could cause a nuisance e.g. the application of chemicals to thework surface. Normal working hours must be clearly indicated to adjacent land owners.
h) No loud music is allowed on site and in construction camps.i) No fires are allowed if smoke from such fires will cause a nuisance to IAPs.
1.4 Social and Cultural
a) Access by non-construction people onto any construction sites must be restricted. TheContractors activities and movement of staff must be restricted to designated constructionareas only.
b) The Contractors crew must be easily identifiable due to clothing, identification cards or othermethods.
c) Rapid migration of job seekers could lead to squatting and social conflict with residentcommunities and increase in social pathologies if not properly addressed. The Contractormust ensure that signs indicating the availability of jobs are installed.
d) Criteria for selection and appointment (by the Contractor) of construction labour must beestablished to allow for preferential employment of local communities. The Local Authoritymust be actively involved in the process of appointing temporary labourers.
e) Sub-Contractors and their employees must comply with all the requirements of this documentand supporting documents e.g. the Contract document that applies to the Contractor.Absence of specific reference to the sub-contractor in any specification does not imply that thesub-contractor is not bound by this document.
f) No member of the construction workforce is allowed to wander around private property,except within the immediate surrounding of the site.
g) The Contractor must provide suitable sanitation facilities for site staff. Sanitation providedduring the construction phase should be managed so that it does not cause environmentalhealth problems. The use of the surrounding veld for toilet purposes is not permitted underany circumstance.
h) The Contractor must arrange for all his employees and those of his sub-contractors to beinformed of the findings of the environmental report before the commencement ofconstruction to ensure:
A basic understanding of the key environmental features of the work site andenvironments, and
Familiarity with the requirements of this document and the site-specific report.
i) Supervisory staff of the Contractor or his sub-contractors must not direct any person toundertake any activities which would place such person in contravention of the specificationsof this document, endanger his/her life or cause him/her to damage the environment.
j) The demand for construction materials and supplies will have an effect on the local economy.This impact can be optimised by sourcing and purchasing materials locally and regionally
wherever possible, insofar as the material complies with the design specification.k) The Contractor must maintain a detailed complaints register. This must be forwarded,
together with solutions, to the authorities when requested.
1.5 Aesthetics
a)Scenic Quality
Damage to the natural environment must be minimized.
Trees and tall woody shrubs must be protected from damage to provide a natural visualshield. Excavated material must not be placed on such plants and movement acrossthem must not be allowed, as far as practical.
The clearing of all sites must be kept to a minimum and surrounding vegetation must, asfar as possible, be left intact as a natural shield.
No painting or marking of natural features must be allowed.
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b)Above-ground Structures (reservoirs, water hammer tanks, valve chambers, pump stationsetc)
All above ground structures should be located in areas where the visual impact fromroads, houses etc is minimised.
All above ground structures could be treated or painted to blend in with the naturalenvironment.
c) Cut and fill areas, river and stream crossings and other soil stabilisation works must beconstructed to blend in with the natural environment.
d)Natural outcrops, rocky ridges and other natural linear features, must not be bisected.Vegetation on such features must, as far as possible, not be cut unless absolutelynecessary for construction.
e)Excavated material must be flattened (not compacted) or removed from site. No heaps ofspoil material must be left on site once the Contractor has moved to a new constructionsite.
f) Any complaints from interest groups regarding the appearance of the construction site mustbe recorded and addressed promptly by the Contractor.
1.6 Archaeology and Cultural Sites
a) All finds of human remains must be reported to the nearest police station.b) Human remains from the graves of victims of conflict, or any burial ground or part thereof
which contains such graves and any other graves that are deemed to be of culturalsignificance may not be destroyed, damaged, altered, exhumed or removed from their originalpositions without a permit from the South African Heritage and Resource Agency (SAHRA).
c) Work in areas where artefacts are found must cease immediately.d) Under no circumstances must the Contractor, his/her employees, his/her sub-contractors or
his/her sub-contractors’ employees remove, destroy or interfere with archaeological artefacts.Any person who causes intentional damage to archaeological or historical sites and/or
artefacts could be penalised or legally prosecuted in terms of the National Heritage ResourcesAct, 25 of 1999.
e) A fence at least 2m outside the extremities of the site must be erected to protectarchaeological sites.
f) All known and identified archaeological and historical sites must be left untouched.g) Work in the area can only be resumed once the site has been completely investigated. The
Project Manager will inform the Contractor when work can resume.
1.7 Flora
a) All suitable and rare flora and seeds must be rescued and removed from the site. They mustbe suitably stored, for future use in rehabilitation.
b) The felling and/or cutting of trees and clearing of bush must be minimised.c) Bush must only be cleared to provide essential access for construction purposes.d) The spread of alien vegetation must be minimized.e) Any incident of unauthorised removal of plant material, as well as accidental damage to
priority plants, must be documented by the Contractor.f) Woody vegetative matter stripped during construction must either be spread randomly
throughout the surrounding veld so as to provide biomass for other micro-organisms andhabitats for small mammals and birds, or it may be stockpiled for later redistribution over thereinstated top soiled surface. No vegetative matter must be burnt or removed for firewoodother than those removed during the grubbing and clearing phase. Such vegetation can bemade available to the local inhabitants to be used as firewood.
g) No tree outside the footprint of the Works area must be damaged.
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a) No species of animal may be poached, snared, hunted, captured or wilfully damaged ordestroyed.
b) Snakes and other reptiles that may be encountered on the construction site must not be killedunless the animal endangers the life of an employee.
c) Anthills and/or termite nests that occur must not be disturbed unless it is unavoidable forconstruction purposes.
d) Disturbances to nesting sites of birds must be minimized.e) The Contractor must ensure that the work site is kept clean and free from rubbish, which
could attract pests.
1.9 Infrastructure
a) The relevant authorities must be notified of any interruptions of services, especially the LocalMunicipality, National Road Agency, Spoornet, TELKOM and ESKOM. In addition, care mustbe taken to avoid damaging major and minor pipelines and other services.
b) The integrity of property fences must be maintained.c) No telephone lines must be dropped during the construction operations, except were prior
agreement by relevant parties is obtained. All crossings must be protected, raised orrelocated as necessary.
d) All complaints and/or problems related to impacts on man-made facilities and activities mustbe promptly addressed by the Contractor and documented.
e) Storage Facilities
Proper storage facilities should be provided for the storage of oils, grease, fuels,chemicals and hazardous materials.
The Contractor must ensure that accidental spillage does not pollute soil and waterresources.
Fuel stock reconciliation must be done on all underground tanks to ensure no loss of oil,which could pollute groundwater resources.
Cement must be stored and mixed on an impermeable substratum.
f) Traffic Control
All reasonable precautions must be taken during construction to avoid severelyinterrupting the traffic flow on existing roads, especially during peak periods.
Before any work can start the Local Traffic Department must be consulted aboutmeasures to be taken regarding pedestrian and vehicular traffic control.
g) Access Roads
The Contractor and the affected landowner must collaborate on the planning andconstruction of new access routes and the repair or upgrading of existing routes.
Access to the site must be controlled such that only vehicles and persons directlyassociated with the work gains access to the site.
Temporary access roads must not be opened until required and must be restored to itsformer state as soon as the road is no longer needed.
h) Batching Plants
Concrete must be mixed only in an area demarcated for this purpose. All concretespilled outside this area, must be promptly removed by the Contractor and taken to apermitted waste disposal site. After all concrete mixing is complete, all waste concrete
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must be removed from the batching area and disposed of at an approved dumpsite.Stormwater must not be allowed to flow through the batching area. Water laden withcement must be collected in a retention area for evaporation and not allowed to escapethe batching area. Operators must wear suitable safety clothing.
i) Chemical toilet facilities should be managed and serviced by a qualified company. Nodisposal or leakage of sewerage should occur on or near the site.
j) Blasting
Blasting must not endanger public or private property.
Noise mufflers and/or soft explosives must be used to minimize the impact on animals.
All the provisions of the Explosives Act, 26 of 1956 and the Minerals Act, 50 of 1991must be complied with.
The Contractor must take measures to limit fly rock.
1.10 Safety
a) Measures must be taken to prevent any interference that could result in flashover of powerlines due to breaching of clearances or the collapse of power lines due to collisions byvehicles and equipment.
b) Measures must be taken during thunderstorms to protect workers and equipment fromlightning strikes.
c) All tall structures must be properly earthed and protected against lightning strikes.d) Fire prevention
The Contractor must take all the necessary precautions to protect the materials on site and toavoid veld fires.
No fires or open flames are allowed on site unless directly used for constructionpurposes, e.g. acetylene blowtorch.
Review all SABS standards relating to fire precautions and fire control namely, SABS0131-3 Section 8 and SABS 089-1 or as amended.
The Contractor must have fire-fighting equipment and a first aid box available on siteand on all vehicles working on site.
All waste bins must be kept away from fuel tank installations.
All fuel tanks must be installed above ground, depending on the volume of stored fuel,for easy detection of fuel leaks.
Any welding or other sources of heating of materials must be done in a controlledenvironment, wherever possible and under appropriate supervision, in such a manner asto minimise the risk of veld fires and/or injury to staff.
Fires lit for comfort (warmth) must be actively discouraged by the Contractor, due to therisk of veld fires and the risk to adjacent properties. Also, no waste material must beburnt.
e) The process of excavation and back filling must be carried out as a sequential processfollowing one another as quickly as possible. Excavations must only remain open for aminimum period of time and during this time they must be clearly demarcated. If excavationsplace the public at risk these sites must be fenced.
f) The residents directly affected by open trenches must be notified of the dangers. This will bedone during the site-specific phase.
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Solid Wastea) Littering on site and the surrounding areas is prohibited.b) Clearly marked litterbins must be provided on site. The Contractor must monitor the presence
of litter on the work sites as well as the construction campsite.c) All bins must be cleaned of litter regularly.d) All waste removed from site must be disposed at a municipal/permitted waste disposal site.e) Excess concrete, building rubble or other material must be disposed of in areas designated
specifically for this purpose and not indiscriminately over the construction site.f) The entire works area and all construction sites must be swept of all pieces of wire, metal,
wood or other material foreign to the natural environment.g) Contaminated soil must be treated and disposed of at a permitted waste disposal site, or be
removed and the area rehabilitated immediately.h) Waste must be recycled wherever possible.
Liquid Waste
a) The Contractor must install and maintain mobile toilets at work sites.b) The Contractor must provide adequate and approved facilities for the storage and recycling of
used oil and contaminated hydrocarbons. Such facilities must be designed and sited with theintention of preventing pollution of the surrounding area and environment.
c) All vehicles must be regularly serviced in designated area within the Contractors camp suchthat they do not drip oil.
d) All chemical spills must be contained and cleaned up by the supplier or professional pollutioncontrol personnel. Run-off from wash bays must be intercepted.
Hazardous Waste
a) No hazardous materials must be disposed of in the veld or anyplace other than a registeredlandfill for hazardous material. Hazardous waste must be stored in containers with tight lidsthat must be sealed and must be disposed at an appropriately permitted hazardous wastedisposal site. Such containers must not be used for purposes other than those originallydesigned for.
b) The Contractor must maintain a hazardous material register.
2.12 Rehabilitation
a) When all major construction activities are completed, the site must be inspected to determinesite-specific rehabilitation measures. This may be considered as unplanned work e.g. soilrehabilitation due to oil spills.
b) All temporary buildings and foundations, equipment, lumber, refuse, surplus materials, waste,construction rubble fencing and other materials foreign to the area must be removed.
c) If waste products cannot be recycled they must be disposed of at a permitted landfill site.d) All drainage deficiencies including abandoned pit latrines and waste pits must be corrected.e) Cut and fill areas must be restored and re-shaped.f) The area must be restored to its natural vegetation condition using indigenous trees, shrubs
and grasses as directed by a grassland and/or rehabilitation expert.g) Borrow pits must be re-shaped into even slopes and surfaces to blend with the natural terrain
and topsoil must be replaced.h) The grass mix, shrubs and trees used for rehabilitation must be compatible with the species
identified in the site-specific investigation.i) Areas compacted by vehicles during construction must be scarified to allow penetration of
plant roots and the regrowth of natural vegetation.
2. MonitoringThe correct and successful implementation of environmental management measures, to reducenegative impact on environmental conditions, is ensured by proper monitoring based on a firmprogramme.
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2.1 Construction PhaseThe Contractor, Resident Engineer and the Independent Environmental Consultant (IEC) mustmonitor the implementation of these management measures.
Monitoring should be focused on on-site conditions during the establishment of the site and for thefull duration of the construction period when the site is operational.
The following Environmental Monitoring Programme is recommended:
ISSUE FREQUENCIES OFMONITORING
RESPONSIBLEPERSON
WATERPrevention of water pollutionPrevention of stagnant water on site.Proper functioning of sanitation facilities
Weekly in rainy seasonWeekly in rainy seasonWeekly
Contractor’sRepresentative (CR)
SOILSurface or gully erosion on siteSoil contamination with oilsIf small, clean up. If large, appoint asuitable contractor for clean up.
Weekly in rainy seasonMonthlyImmediately
CRCRCR
AirControl domestic fires.Heavy vehicle emission control.Dust control of access roads. Wettingwhen required.
WeeklyMonthlyWeekly inspection
CRCRCR
WASTEEfficiency of domestic waste collection.Prevention of burning of solid/liquidwastes on site.Proper collection and containment ofliquid wastes (petroleum, oils, paints,resins & cooking oils)The recycling and/or disposal thereof.The collection and disposal ofconstruction waste (concrete, wood,steel)Collection of hazardous waste.
Bi Weekly
Weekly
Monthly
Bi Weekly
Monthly
Bi Weekly
CR
CR
CR
CR
CR
CRWILDLIFE
Weed ControlControl of illegal hunting or snaring ofgame, birds or other wild animals.
WeeklyWeekly
CRCR
SOCIALInspect overall appearance of site.(paint work, cleanliness & housekeeping)Resolve complaintsMonitor behaviour of labourers
3. Forms for CompletionThe following page contain a pro-forma for completion by the Contractor to assist with theimplementation of the Environmental Management Plan. The style and content may be easilyamended to suit al other identified environmental affects.
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Bidders are expected to make their own assessment of the site, site access, geotechnical conditions,services etc before submitting Bids. No claims for extension of time or additional compensation ofany kind will be entertained if it is found (in the opinion of the Engineer) that such claims are theresult of a lack of knowledge of the site conditions where such conditions could and would have beenreasonably foreseen by a suitably qualified and competent person carrying out an investigation of thesite.
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The following documents form part of this Contract:
(i) VOLUME 1: The General Conditions of Contract for Construction Works 3nd Edition (2015), whichthe bidder must purchase, which the bidder must purchase at his own cost.
(ii) VOLUME 2: The Standard Specifications for Road and Bridge Works for State Road Authoritiesissued by COLTO 1998 Edition will be valid for this contract.
(iii) VOLUME 3: The Project Document, in which are bound the Bid Notice, Bid Rules, SpecialConditions of Contract, Project Specifications, Particular Specifications, Schedule ofQuantities, Form of Bid, and other documents.
(iv) VOLUME 4: Set of drawings issued with Volume 3 for bid purposes (may be bound in at the back ofVolume 3 or issued as a separate volume).
NOTE:
1. SUBMISSION OF BID – of the above documents, only VOLUMES 3 and 4 are to be submitted.2. Volume 1 is obtainable from the South African Institution of Civil Engineers while Volume 2 is obtainable
from Standards South Africa, a division of South African Bureau of Standards
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