PART: A: INVITATION TO BID: MBD1 YOU ARE HEREBY INVITED … · Conseils (FIDIC) (FIDIC RED BOOK) SECOND EDITION 2017. The Municipality shall adjudicate and award bids in accordance

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PART: A: INVITATION TO BID: MBD1

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (POLOKWANE MUNICIPALITY)

BID NUMBER: PM91/2019 CLOSING DATE:

12 March 2020 CLOSING TIME: 10:00

BID DESCRIPTION

Polokwane Regional Wastewater Treatment Works Phase 2B – Civil, Mechanical and Electrical Works (Multi-year project)

TOTAL BID PRICE

THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (MBD7) or SERVICE LEVEL AGREEMENT OF POLOKWANE MUNICIPALITY.

BID RESPONSE DOCUMENTS MUST BE DEPOSITED IN THE BID BOX SITUATED AT (Polokwane Municipality, Civic Centre, corner, Bondenstein and Landdros Mare Street, Ground Floor) not later than 10:00 on 12 March 2020 (Within 60 days)

An official compulsory briefing session and site inspection will be held on 24 January 2020 at 11:00. Bidders are requested to meet the New Peter Mokaba Stadium Complex, Executive Lounge, 1st Floor, Polokwane

Bid box is generally open 24 hours, 7 days a week.

Completed Bid document, fully priced and signed must be sealed in an envelope marked “Bid number and Bid description”

Bidders should ensure that bids are delivered timeously to the correct address. If the bid is late, it will not be accepted for consideration.

Bids documents containing the Conditions of Bid and other requirements in terms of the Supply Chain Management Policy will be downloaded from e-tender Publication Portal at www.etenders.gov.za at no fee.

SUPPLIER INFORMATION

NAME OF BIDDER

POSTAL ADDRESS

STREET ADDRESS

TELEPHONE NUMBER CODE NUMBER

CELLPHONE NUMBER

FACSIMILE NUMBER CODE NUMBER

E-MAIL ADDRESS

VAT REGISTRATION NUMBER

TAX COMPLIANCE STATUS

TCS PIN: OR CSD No:

B-BBEE STATUS LEVEL NUMBER

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

B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE [TICK APPLICABLE BOX]

Yes No

B-BBEE STATUS LEVEL SWORN AFFIDAVIT

Yes No

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

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[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]

ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS /SERVICES /WORKS OFFERED?

Yes No [IF YES ENCLOSE PROOF]

ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS /SERVICES /WORKS OFFERED?

Yes No [IF YES, ANSWER PART B:3 ]

MINIMUM NUMBER OF WORK OPPORTUNITIES OFFERED

200 TOTAL BID PRICE

R

CIDB GRADING 9CE

SIGNATURE OF BIDDER

……………………………… DATE

CAPACITY UNDER WHICH THIS BID IS SIGNED

BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO:

TECHNICAL INFORMATION MAY BE DIRECTED TO:

MUNICIPALITY POLOKWANE CONTACT PERSON

Mr. T M Thaba

CONTACT PERSON Mr K Mashiane TELEPHONE NUMBER

015 290 2286

TELEPHONE NUMBER 015 290 2148 FACSIMILE NUMBER

N/A

FACSIMILE NUMBER N/A E-MAIL ADDRESS [email protected]

E-MAIL ADDRESS [email protected] CONSULTANT CONTACT PERSONS

Mr T Mathebula (Mafumu Consulting); Mr S Chamberlain (SMEC)

TELEPHONE NUMBERS

011 234 0573 011 369 0600

E-MAIL ADDRESS [email protected]

mailto:[email protected]



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PART B: TERMS AND CONDITIONS FOR BIDDING 1. BID SUBMISSION:

1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE ACCEPTED FOR CONSIDERATION.

1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE-TYPED)

1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017, THE CONDITIONS OF CONTRACT FOR CONSTRUCTION FOR BUILDING AND ENGINEERING WORKS DESIGNED BY THE EMPLOYER” SECOND EDITION 2017 PUBLISHED BY THE FÉDÉRATION INTERNATIONALE DES INGÉNIEURS-CONSEILS (FIDIC) (FIDIC RED BOOK) SECOND EDITION 2017 AND THE PARTICULAR CONDITIONS THERETO

2. TAX COMPLIANCE REQUIREMENTS

2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.

2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VIEW THE TAXPAYER’S PROFILE AND TAX STATUS.

2.3 APPLICATION FOR THE TAX COMPLIANCE STATUS (TCS) CERTIFICATE OR PIN MAY ALSO BE MADE VIA E-FILING. IN ORDER TO USE THIS PROVISION, TAXPAYERS WILL NEED TO REGISTER WITH SARS AS E-FILERS THROUGH THE WEBSITE WWW.SARS.GOV.ZA.

2.4 FOREIGN SUPPLIERS MUST COMPLETE THE PRE-AWARD QUESTIONNAIRE IN PART B:3.

2.5 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.

2.6 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.

2.7 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED.

3. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

3.1. IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO

3.2. DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO

3.3. DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO

3.4. DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO

3.5. IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO

IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 ABOVE.

NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.

NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE. SIGNATURE OF BIDDER: …………………………………………… CAPACITY UNDER WHICH THIS BID IS SIGNED: …………………………………………… DATE: …………………………………………..

http://www.sars.gov.za/

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CONTENTS

TENDER REQUIREMENTS, CONTRACT AND PRICING DATA

Number Heading Colour

THE TENDER

Part T1: Tendering procedures

T1.1 Tender Notice and Invitation to Tender White

T1.2 Tender Data Pink

T1.3 Standard Conditions of Tender Pink

Part T2: Returnable Schedules

T2.1 List of Returnable Schedules Yellow

T2.2 Returnable Schedules Yellow

THE CONTRACT

Part C1: Agreements and Contract Data

C1.1 Form of Offer and Acceptance (Agreement) White

C1.2 Conditions of Contract White

C1.3 Performance Guarantee White

C1.4 Retention Money Guarantee White

C1.5 Agreement in Terms of Section 37(2) of the Occupational Health and Safety Act No 85 of 1993

White

C1.6 Dispute Avoidance/Adjudication Board Agreement White

Part C2: Pricing Data

C2.1 Pricing Instructions Yellow

C2.2 Bill of Quantities Yellow

Part C3: Scope of Work

C3.1 Description of Works Blue

C3.2 Standard Specifications Blue

C3.3 Particular Specifications Blue

Part C4: Site information

C4.1 Locality Map Green

C4.2 Geotechnical Investigation Green

C4.3 Geohydrological Status Report Green

Part C5: Annexures

C5.1 Water Use Licence White

C5.2 Environmental Management Plan White

C5.3 OHS Specification White

C5.4 Baseline Risk Assessment White

C5.5 Environmental Authorisation White

C5.6 Drawings White

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THE TENDER

PART T1 TENDERING PROCEDURES ........................................................................ 6

PART T2 RETURNABLE SCHEDULES ........................................................................30

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PART T1 TENDERING PROCEDURES

T1.1 TENDER NOTICE AND INVITATION TO TENDER ................................................. 7

T1.2 STANDARD CONDITIONS OF TENDER ................................................................ 8

T1.3 TENDER DATA ....................................................................................................... 9

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T1.1 TENDER NOTICE AND INVITATION TO TENDER

BID NUMBER: PM91/2019: POLOKWANE REGIONAL WASTEWATER TREATMENT WORKS PHASE 2B – CIVIL, MECHANICAL AND ELECTRICAL WORKS (MULTI-YEAR PROJECT)

DIRECTORATE: WATER AND SANITATION

BUSINESS UNIT: WATER AND SANITATION – INFRASTRUCTURE DEVELOPMENT

Bids are hereby invited for the Construction of the Polokwane Regional Wastewater Treatment Works Phase 2B – Civil, Mechanical and Electrical Works (Multi-year project)

The Council also reserves the right to negotiate further conditions and requirements with the successful bidder.

THIS BID IS SUBJECT TO THE, PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT AND THE PREFERENTIAL PROCUREMENT REGULATION, 2017, AND THE “Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer” Second Edition 2017 published by the Fédération Internationale des Ingénieurs-Conseils (FIDIC) (FIDIC RED BOOK) SECOND EDITION 2017.

The Municipality shall adjudicate and award bids in accordance with B-BBEE status level of contribution on 90/10 point system, 90 points for the price and 10 points for contribution. Prospective bidders must accept that the bid will be adjudicated, according to the said legislation. BIDS WILL REMAIN VALID FOR 120 DAYS.

N.B: NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE

M r. D H MAKOBE

MUNICIPAL MANAGER

CIVIC CENTRE

LANDDROSMARE STREET,

POLOKWANE

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T1.2 STANDARD CONDITIONS OF TENDER

The Standard Conditions of Tender is SANS 10845-3:2015 published by South African National Standards which can be obtained from:

SABS Standards Division Groenkloof Pretoria 1 Dr Lategan Road Private Bag X191 0001

Tel: +27 12 428 7911

Fax: +27 12 344 1568

Website: www.sabs.co.za

Note that each tenderer is responsible for obtaining his own copy of the Standard Conditions of Tender.

http://www.sabs.co.za/

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T1.3 TENDER DATA

The Standard Conditions of Tender makes several references to the Tender Data for details that apply specifically to this Tender. The Tender Data shall have preference in the interpretation of any ambiguity or inconsistency between it and the Standard Conditions of Tender.

Each item below is cross-referenced to the relevant clause in the Standard Conditions of Tender to which it applies.

Clause Tender Data

3.1 The Employer is: Polokwane Municipality

The Employer’s domicilium citandi et executandi (permanent physical business address) is:

Polokwane Municipality Civic Centre Landdros Mare Street Polokwane

The Employer’s address for communication relating to this project is:

PO Box 111 Polokwane 0700

Clause Tender Data

3.2 The tender documents issued by the Employer comprise:

THE TENDER

Part T1 Tendering Procedures

T1.1 Tender Notice and Invitation to Tender

T1.2 Standard Conditions of Tender

T1.3 Tender Data

VOLUME

1

1

1

Part T2 Returnable Schedules

T2.1 List of Returnable Schedules

T2.2 Returnable Schedules

1

Administrative Compliance Schedules (Form A1 to A29)

1

Functional Schedules (Forms AF1 to AF8) 1

Technical Schedules (Forms AT1 to AT2) 2

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THE CONTRACT Volume

Part C1 Agreements and Contract Data

C1.1 Form of Offer and Acceptance (Agreement)

C1.2 Contract Data

C1.3 Performance Guarantee

C1.4 Retention Money Guarantee

C1.5 Agreement in Terms of Section 37(2) of the Occupational Health and Safety Act No 85 of 1993

C1.6 Dispute Avoidance/Adjudication Board Agreement

3

3

3

3

3

3

Part C2 Pricing Data

C2.1 Pricing Instructions

C2.2 Bill of Quantities

3

Part C3 Scope of Work

C3.1 Description of Works

C3.2 Standard Specifications

C3.3 Particular Specifications

3

3

3

Part C4 Site Information

C4.1 Locality Map

C4.2 Geotechnical Investigation

C4.3 Geohydrological Status Report

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3

3

Part C5 Appendices

C5.1 Water Use Licence

C5.2 Environmental Management Plan

C5.3 OHS Specification

C5.4 Baseline Risk Assessment

C5.5 Environmental Authorisation

C5.6 Drawings

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4

4

4

4

5

Clause Tender Data

3.4 The Engineer is:

Name: Shaun Chamberlain of SMEC South Africa

Physical Address: Postal Address:

267 Kent Avenue Ferndale Johannesburg 2194

PO Box 1462 Pinegowrie 2123

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Contact: 011 369 0600 Tel: 011 369 0600 Email: [email protected]

3.4 The language for communications is: English

4.1.1 Only those tenderers who satisfy the following eligibility criteria are eligible to submit tenders:

(a) CIDB registration

Only those tenderers who are registered with the CIDB, or are capable of being so registered prior to the evaluation of submissions, in a contractor grading designation equal to or higher than a contractor grading designation determined in accordance with the sum tendered, or a value determined in accordance with Regulation 25(1B) or 25(7A) of the Construction Industry Development Regulations, for a CE class of construction work, are eligible to have their tenders evaluated.

Joint ventures are eligible to submit tenders provided that:

(a) every member of the joint venture is registered with the CIDB;

(b) the lead partner has a contractor grading designation in the CE class of construction work; and

(c) the combined contractor grading designation calculated in accordance with the Construction Industry Development Regulations is equal to or higher than a contractor grading designation determined in accordance with the sum tendered for a CE class of construction work or a value determined in accordance with Regulation 25(1B) or 25(7A) of the Construction Industry Development Regulations.

Only those tenderers who have in their employ management and supervisory staff satisfying the requirements of the scope of work for labour intensive competencies for supervisory and management staff are eligible to submit tenders.

The tenderer must submit to the Employer, names of all management and supervisory staff that will be employed to supervise the labour-intensive portion of the works together with satisfactory evidence that such staff members satisfy the eligibility requirements.

(b) National Treasury Central Supplier Database

Tenderers who are not registered on the National Treasury Central Supplier Database at close of tender, shall submit a copy of their application of registration, with their tender submission. Tenders received from such tenderers who have not submitted proof of their registration within 21 days after the closing date for tender submissions, will not be considered.

4.1.2 Only those tenderers who score the minimum score in respect of the quality criteria stated in 5.11.9 of this Tender Data shall be considered responsive and have their tenders evaluated further.

4.6 Failure to apply instructions contained in addenda may render a tenderer’s offer non-responsive in terms of Condition of Tender 5.8.

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4.7 The arrangements for a compulsory clarification meeting are:

Location: New Peter Mokaba Stadium Complex, Executive Lounge 1st Floor Date: 24 January 2020 at 10:00 after which we will proceed to site.

The onus rests with the tenderer to ensure that the person attending the clarification meeting on his behalf is appropriately qualified to understand all directives and clarifications given at that meeting.

Tenderers shall sign the attendance list in the name of the tendering entity. Addenda will be issued to and tenders will be received only from those tendering entities appearing on the attendance list.

The tenderer shall bear all costs associated with his visit or visits to the site and his attendance at the compulsory briefing session.

4.8 Requests for clarifications are to be submitted at least 7 working days before the closing time.

4.9 No Insurance cover will be provided by the Employer

4.10 Tenderers are required to state the rates and currencies in Rand.

4.12 1. Compulsory Submission of Alternative Tender Offers for Mechanical and Electrical Aspects

For purposes of the Employer’s selection between two alternative Mechanical Subcontractors and between two alternative Electrical Subcontractors, each Tenderer shall submit alternative tender offers by inclusion in his Tender submission the following:

a. Separate Company Experience returnables for two Mechanical Subcontractors (i.e. 2 x Form AF3) and for two Electrical Subcontractors (i.e. 2 x Form AF4) for use in the Functionality Evaluation;

b. Separate Key Staff returnable CVs for two Mechanical Leads and two Electrical Leads for use in the Functionality Evaluation;

c. Two full sets of Mechanical Datasheets, one for each Mechanical Subcontractor (i.e. 2 x Form AT1) and two full sets of Electrical Datasheets, one for each Electrical Subcontractor (i.e. 2 x Form AT2). i. Furthermore, two Technical Schedules must be provided by each

subcontractor for certain equipment items as stated in the instructions on Forms AT1 and AT2

d. A single Part C and a single Part D of the Bill of Quantities. The rates and amounts in these Parts of the BoQ shall be derived by the Tenderer as follows: i. For each subcontractor: where two Technical Schedules for a specific

item of equipment are required (as stated in the instructions on Forms AT1 and AT2), the Tenderer shall provide for the price of the more expensive alternative.

ii. For BoQ Part C: The Tenderer shall provide in Part C the pricing of the more expensive of the two Mechanical Subcontractors. (i.e. the Tenderer shall assess the total pricing of Part C from each of the two subcontractors, and include in his Tender submission the pricing of the subcontractor that is the higher overall).

For BoQ Part D: Similar to Part C.

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2. Optional Submission of Alternative Tender Offers for Any Project Aspects

A Tenderer may, together with his tender for the original designs and specifications contained in the Tender Document, submit alternative designs and tender offers for consideration. All designs, calculations, drawings and Operation and Maintenance manuals shall be fully endorsed by a third party registered engineer, accomplished in such specific field of practice and the cost thereof shall be borne solely by the Contractor. Such alternative designs and offers shall be subject to the following conditions and requirements:

Tenders

An alternative offer or design will be considered only if the tender for the original items has been fully priced and completed. The alternative tender offer is to be submitted in the same envelope as the main tender offer, together with a schedule that compares the requirements of the tender documents with the alternative requirements the Tenderer proposes. No alternative tender will be considered unless a tender free from qualifications is also submitted.

Unless the alternative offer stipulates to the contrary, it shall be assumed that the period for completion of the Works shall be the same as for the original design.

Designs, calculations, drawings and a modified schedule of quantities (as determined hereafter) in respect of each alternative offer or design shall accompany the alternative tender offer and shall be endorsed fully by a third party registered engineer, accomplished in such specific field of practice.

Alternative tenders will be considered for this project should the Tenderer submit a compliant original bid and the proposed alternative is cheaper than the original. Alternatives may be discussed after award and the benefit of any savings is to be split between the Employer and the Contractor.

Preliminary calculations

Preliminary calculations for an alternative design shall be submitted with the tender. Such calculations shall give adequate details so as to enable an assessment to be made of the general efficacy of the design and of its principal elements, also of the degree to which the design prescriptions and codes of the Employer are being complied with. The calculations shall be clear and in a logical sequence and shall clearly reflect all the design assumptions.

Preliminary drawings

Preliminary drawings of the alternative designs shall also be submitted with the tender. These drawings shall comprise adequate layout plans, elevations and sections and shall clearly illustrate the general efficacy of the design and its principal elements.

Quantities

Each alternative offer shall be accompanied by a modified priced schedule of quantities compiled in accordance with the specifications, in so far as it is applicable, which clearly shows the manner in which the price for the alternative offer has been determined and the items in the original schedule of quantities which fall away or are being changed. In addition to the schedule of quantities, a set of calculations shall be supplied to show how the quantities have been determined. All assumptions in regard to factors which will determine quantities

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shall be clearly and conspicuously marked by underlining or colouring, and shall indicate whether or not the assumptions have been based on information furnished in the Tender Data (with the necessary references).

Further details

Should the Engineer find that the calculations and drawings submitted for alternative designs are not complete enough for proper adjudication of the alternative designs, the Employer reserves to itself the right to call on the Tenderer to submit such further calculations and drawings as may be required. If such further details are not submitted within ten days of having been requested, the alternative designs will not be given further consideration.

Preliminary adjudication of alternative designs

The Engineer will undertake a preliminary scrutiny of any alternative designs for compliance with the specified requirements of the Employer. Should he find any mistakes or unsatisfactory aspects, he may afford the Tenderer the opportunity to rectify them within a period to be determined by the Engineer. However, it is emphasized that the preliminary scrutiny of the design and tender by the Engineer, by its very nature, cannot be comprehensive, and no guarantee can be given in this regard that all the mistakes made by the Tenderer will in fact be detected. Any correction of such mistakes shall be made with the Tender Sum of the tenderer being retained, and, wherever necessary, the priced schedule of quantities for the alternative design shall be adjusted accordingly.

Acceptance of alternative design

The Tenderer shall note that the acceptance of a tender which includes alternative designs shall mean that the alternative designs have been approved in principle only. If the final calculations, drawings and details do not comply with the specified requirements, such alternative designs may be rejected, unless they are suitably amended by the Tenderer so as to be acceptable to the Employer.

Final drawings and calculations and the priced schedule of quantities

Where a tender with an alternative design has been accepted, the Contractor shall, not less than two months before he intends starting with the construction of such design, submit to the Engineer a complete set of working drawings, detailed calculations and a complete schedule of quantities, for approval. The schedule of quantities shall be based on the preliminary Bill of Quantities, but with the necessary adjustments in quantities and prices and with the tendered price for the alternative design being retained.

Within three weeks of having received the above, the Engineer will indicate which drawings, calculations, quantities, prices and other particulars are acceptable to him and which not, with reasons furnished. The Contractor shall then submit to the Engineer in good time any modified drawings and other particulars for approval, for which he will require two weeks. Any delay arising from the fact that the amended particulars do not meet the requirements shall be the responsibility of the Contractor.

No work which will be affected by an alternative design may be commenced, unless the drawings, schedule of quantities and prices for such alternative design have been approved. Should the Contractor fail to modify any drawings, calculations, quantities, prices or any other particulars to the satisfaction of the

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Engineer, the alternative design will be rejected and the original design shall be constructed for the same amount as has been tendered for the alternative design.

Responsibility for alternative design

The approval of a design by the Engineer shall not in any way relieve the Tenderer of his responsibility to produce a design which conforms in all respects to all the specified requirements and which will be suitable for the purpose envisaged.

Should it appear later during construction or during the maintenance period that the design does not conform to the specified requirements, the Contractor only, shall be liable for any damage arising there from and he shall, at his own expense, do all the necessary work to ensure that the Works conforms to all the specified requirements.

Indemnity

Once the alternative design has been approved, the Contractor shall indemnify and hold harmless the Employer, its agents and assigns, against all claims howsoever arising out of the said design whether in contract or delict.

4.13.1 Tenderers shall offer to provide for the whole of the Works identified.

4.13.2 The original tender document, issued to the Tenderer, shall be submitted in its entirety. No copies are required.

4.13.4 The tenderer is referred to the list of Returnable Schedules contained in Section T2.1 which are required to be submitted by the tenderer.

4.13.5 The complete tender documents shall be enclosed and sealed in a single envelope, marked:

“BID NO. PM91/2019:

A two-envelope procedure will not be followed.

Tenderers are required to submit one envelope, but must ensure that the Technical Schedules (Forms AT1 to AT2) bound in a separate volume to the rest of the document.

4.13.6 Place and seal the printed and completed tender document in an envelope clearly marked "TENDER" and bearing the Employer’s name, the contract number and description, the tenderer’s authorised representative’s name, the tenderer’s postal address and contact telephone numbers.

Telephonic, facsimile or emailed tender offers will not be accepted.

4.13 The Employer’s address for the delivery of tender offers are:

Location of tender box: Polokwane Municipality Civic Centre Landdros Mare Street Polokwane Ground floor

Tenders must be submitted during office hours (08:00 to 16:00 hrs) Monday to Friday at the Employer’s address.

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4.15 The closing time for submission of tender offers is 10:00 hrs on 12 March 2020.

4.16.1 The tender offer validity period is seventeen weeks (120 days).

4.16.2 Where a tenderer, at any time after the opening of his tender offer but prior to entering into a contract based on his tender offer:

(a) withdraws his tender;

(b) gives notice of his inability to execute the contract in terms of his tender; or

(c) fails to comply with a request made in terms of 4.17, 4.18 or 5.9,

such tenderer shall be barred from tendering on any of the Employer’s future tenders for a period to be determined by the Employer, but not less than six (6) months, from the date of tender closure. The Employer may fully or partly exempt a tenderer from the provisions of this condition if he is of the opinion that the circumstances justify the exemption.

4.18 Any additional information requested under this clause must be provided within 5 working days of the date of request.

5.1 The Employer shall respond to clarifications received up to 7 working days before the tender closing time.

5.2 The Employer shall issue addenda until 5 working days before the tender closing time.

5.4 The time and location for the opening of tender offers are:

Time: 10:00 hrs on 12 March 2020 Location: Polokwane Municipality Civic Centre Landdros Mare Street 3rd Floor Boardroom West Wing

5.5 The two-envelope system will not be followed for this Tender.

5.7 In the event of disqualification, the Employer may, at his sole discretion, impose a specified period during which tender offers will not be accepted from the offending tenderer and report same to the CIDB and National Treasury.

5.9 Arithmetical errors, omissions, discrepancies and imbalanced unit rates

Delete the text of Clause 5.9 and replace it with:

Check responsive tenders for discrepancies between amounts in words and amounts in figures. Where there is a discrepancy between the amounts in figures and the amount in words, the amount appearing in the summary to the Pricing Schedule shall govern.

Check responsive tender offers 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

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(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.

(d) imbalanced unit rates.

Notify shortlisted tenderers of all errors, omissions or imbalanced rates that are identified in their tender offers.

Where the tenderer elects to confirm the errors, omissions or re-balancing of imbalanced rates the tender offer shall be corrected as follows:

(a) If bills of quantities or pricing schedules apply and there is an error in the line item total resulting from the product of the unit rate and the quantity, the unit rate shall govern and the line item total shall be corrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the line item total as quoted and the unit rate shall be corrected.

(b) Where there is an error in the total of the prices either as a result of other corrections required by this checking process or in the tenderer’s addition of prices, the total of the prices shall be corrected.

(c) Where the unit rates are imbalanced adjust such rates by increasing or decreasing them and selected others while retaining the total of the prices derived after any other corrections made under (a) and (b) above.

Where there is an omission of a line item, no correction is possible and the offer may be declared non-responsive.

Declare as non-responsive and reject any offer from a tenderer who elects not to accept the corrections proposed and subject the tenderer to the sanction under 4.16.2.

The tenderer is required to submit balanced unit rates for rate only items in the pricing schedule. The rates submitted for these items will be taken into account in the evaluation of tenders.

Should an arithmetical error be discovered post award, Tenderers will be expected to change the rates to ensure that the Contract Sum is unchanged post award. The redistribution of amounts will be subject to approval from the Engineer.

5.11.1 The procedure for the evaluation of responsive tenders is Method 3.

5.11.7 The value of W1 is:

(a) 90 where the financial value, inclusive of VAT, of all responsive tender offers received has a value in excess of R50 000 000,00; or

(b) 80 where the financial value, inclusive of VAT, of one or more responsive tender offers has a value that equals or is less than R50 000 000,00.

The value of A will be calculated utilising the following formula:

A=(1-(P-Pm)/Pm)

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Where P is the comparative offer of the tender offer under consideration and Pm is the comparative offer of the most favourable comparative offer.

In the event that the calculated value is negative, the allocated score shall be 0.

5.11.8 Up to 100 minus W1 tender evaluation points will be awarded to tenderers who submit responsive tenders and who are found to be eligible for the preference claimed. Points are based on a tenderer’s scorecard measured in terms of the Broad-Based Black Economic Empowerment Act (B-BBEE, Act 53 of 2003) and the Regulations (2017) to the Preferential Procurement Policy Framework Act (PPPFA, Act 5 of 2000).

Points awarded will be according to a tenderer’s B-BBEE status level of contributor and summarised in the table below:

B-BBEE Status

Level of Contributor

Qualification

Number of Points for

Contract Value up to

R50 000 000

Number of Points for

Contract Value Above

R50 000 000

1 ≥ 100 points 20 10

2 ≥ 85 but < 100 points 18 9

3 ≥ 75 but < 85 points 14 6

4 ≥ 65 but < 75 points 12 5

5 ≥ 55 but < 65 points 8 4

6 ≥ 45 but < 55 points 6 3

7 ≥ 40 but < 45 points 4 2

8 ≥ 30 but < 40 points 2 1

Non-compliant Contributor

< 30 points 0 0

Eligibility for preference points is subject to the following conditions:

(a) A tenderer’s scorecard shall be based on the Construction Sector Codes of Practice promulgated in Government Gazette 32305 of 5 June 2009, only if such certificate has been issued before 17 February 2016, alternatively a B-BBEE Certificate issued in accordance with the revised Notice of Clarification published in Notice 444 of 2015 of Government Gazette No.38799 on 15 May 2015 by the Department of Trade and Industry; and

(b) The scorecard shall be submitted as a certificate attached to Returnable Schedule Form A17 (MBD 6.1); and

(c) The certificate shall:

(i) be an original or an original certified copy of the original; and

(ii) have been issued by a verification agency accredited by the South African National Accreditation System (SANAS); or

19

(iii) have been issued by a registered auditor approved by the Independent Regulatory Board of Auditors (IRBA), and

(d) The Verification Certificate must be valid at the tender closing date; and

(e) The date of issue of the certificate must be less than 12 (twelve) months prior to the advertised tender closing date (see Tender Data 4.15); and

(f) Compliance with any other information requested to be attached to Form A17 (MBD 6.1); and

(g) If a tenderer claims a preference score without submitting an acceptable verification certificate, a period of 24 hours will be granted to submit an acceptable verification certificate which was valid at date of tender closure; and

(h) Failure to submit a valid verification certificate will result in the award of 0 (zero) points for preference; and

(i) In the event of a joint venture (JV), a consolidated B-BBEE verification certificate in the name of the JV shall be submitted.

5.11.9 Scoring quality

The quality criteria and maximum score in respect of each of the criteria are as per the functionality Criteria in Section 2.1 of Annexure A Supply Chain Management Evaluation Process And Criteria.

Each evaluation criteria will be assessed in terms of objective parameters set out in the respective returnable schedules. Quality shall be scored by not less than three evaluators in accordance with the following schedules:

Form AF1 (page 112)

Form AF2 (page 113)

Form AF3 (page 114)

Form AF4 (page 115)

Form AF5 (page 116)

Form AF6 (page 117)

Form AF7 (page 119)

Form AF8 (page 120)

The scores of each of the evaluators will be averaged, weighted and then totalled to obtain the final score for quality.

The minimum number of points is as per the functionality Criteria in Section 2.1 of Annexure A Supply Chain Management Evaluation Process And Criteria.

5.13 In addition to the requirements of the Condition of Tender, offers will only be accepted if:

(a) The tenderer is registered with the Construction Industry Development Board with an appropriate contractor grading designation;

(b) The tenderer or any of its directors is not listed on the Register of Tender Defaulters in terms of the Prevention and Combating of Corrupt Activities Act of 2004 as a person prohibited from doing business with the public sector;

20

(c) The tenderer has not abused the Employer’s supply chain management system;

(d) The tenderer has not failed to perform on any previous contract and has not been given a written notice to this effect;

(e) The tenderer is registered on the National Treasury Central Supplier Database and has provided a valid CSD number;

(f) The Tenderer has attended the compulsory briefing session and site inspection. Signing the briefing and site inspection attendance register is mandatory;

(g) The Tenderer has completed the Compulsory Enterprise Questionnaire and there are no conflicts of interest which may impact on the tenderer’s ability to perform the contract in the best interests of the employer or potentially compromise the tender process;

(h) The Tenderer has achieved the minimum requirements of the Functionality Evaluation.

(i) The Tenderer is selected as the preferred Tenderer based on the 90/10 evaluation criteria.

(j) The Tenderer has submitted, or will submit within the timeframes given, Technical Schedules that meet the requirements of this Contract.

5.17 The number of paper copies of the signed contract to be provided by the Employer is one.

5.19 All requests shall be in writing.

ADDITIONAL CONDITIONS OF TENDER CLAUSES:

3.7 Jurisdiction

Unless stated otherwise in the tender data, each tenderer and the Employer undertake to accept the jurisdiction of the law courts of the Republic of South Africa.

5.20 Subcontracting

Specific subcontracting and preferential procurement requirements apply to the Contract as described in the relevant Particular Specification (C3.3).

Subcontractors are allowed to partake in more than one bid.

21

ANNEXURE A

SUPPLY CHAIN MANAGEMENT

EVALUATION PROCESS AND CRITERIA

The following evaluation process and criteria will be used to evaluate all tenders submitted:

1 Administrative Compliance – Phase One

All tenders duly lodged will be examined to determine compliance with tender requirements and conditions. Tenders with obvious deviations from the requirements/conditions, will be eliminated from further evaluation.

1.1 Critical Criteria

The following critical criteria have been identified for this tender and any non-compliance thereto will lead to the tenderer being regarded as non-responsive and disqualified from further evaluation:

(a) Provide Central Supplier Database (CSD) number. (Attach CSD summary registration report)

(b) All Pages of the Tender document must be initialled

(c) Compulsory site inspection attended

(d) Completed and signed declaration on past SCM practices form

(e) Compulsory enterprise questionnaire completed

(f) Signed JV agreement must be attached (Where applicable)

(g) Proof of registration with CIDB attached.

(h) Complete MBD 5 and submit audited or reviewed financial statements (AFS) – (only where the tender amount exceeds R10 million – including VAT)

(i) Proof of Municipal Rates and Taxes or letter for Tribal Authority or lease agreement must be attached (Not older than 3 months)

(j) Completed and signed declaration of interest (MBD4)

(k) Service provider(s) must indicate their structure(s) and also provide lead component with their percentage participation.

The service providers whom in their structure is composed of three components (Civil, Mechanical and Electrical) must ensure that the Civil structure leads the component by 40% or more; or

The service providers whom in their structure is composed of two (2) components (Civil, Mechanical or Electrical) must ensure that the Civil structure leads the component by 40% or more; or

In service providers where Consortia / Joint ventures / Sub-contractors are involved (Civil, Mechanical or Electrical) the Civil structure must lead the component by 40% or more.

22

(Attach proof of structure to Form A28 and indicate which component lead your structure. Failure to submit the structure will result in bid disqualification or non-compliance)

The Mechanical and Electrical companies that are part of the submission must be at least CIDB Grading 8ME and 8EP respectively.

2 Functionality – Phase Two (100 points allocation)

The tenderers who complied administratively are considered for further evaluation on ability to execute the project.

The assessment of functionality will be done in terms of the evaluation criteria and minimum threshold as specified.

NB: A tenderer will be disqualified if it fails to meet the minimum threshold of 75/100 (75%) on functionality. A tenderer will also be disqualified if it fails to meet the minimum threshold (minimum points) of 10 for criterion no. 2.1.

2.1 General Construction Experience - any civils contract (only projects completed between 1 Jan 2005 to 31 Dec 2019 are eligible) (Provide detail in Returnable Schedule AF1)

Points will be allocated as follows:

Criteria Range Score

Allocation Maximum

Points

1 General Construction Experience - any civils contract (only projects completed between 1 Jan 2005 to 31 Dec 2019 are eligible) (Provide detail in Returnable Schedule Form AF1)

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1.1 Net present value incl VAT of four (4) largest contracts executed in Southern Africa.

≥ R 200 million1

5 points per project

1 Net present value including VAT. Historical project costs are to be escalated to 2020 at an annual rate of 5%.

2.2 Specific Construction Experience: Wastewater Treatment Works (only projects completed between 1 Jan 2005 to 31 Dec 2019 are eligible) (Provide detail in Returnable Schedule AF2)

Points will be awarded as follows:


Allocation Minimum

Points Maximum

Points

2 Specific Construction Experience: Wastewater Treatment Works (only projects completed between 1 Jan 2005 to 31 Dec 2019 are eligible) (Provide detail in Returnable Schedule Form AF2)

10 15

2.1

Treatment capacity of up to three (3) largest WWTW contracts executed (must include responsibility for integrating construction of civil, structural, mechanical, electrical, and C&I elements).

≥ 10 Mℓ/d to 15 Mℓ/d

4 points per Works

23


Allocation Minimum

Points Maximum

Points

Upgrade projects are only valid with respect to the treatment capacity of the modular capacity added, not the overall capacity of the WWTW.

Rehabilitation projects are only valid if they include upgrade or rehabilitation of all disciplines (civil, structural, mechanical, electrical, and C&I elements) related to the treatment capacity and apply only with respect to the treatment capacity refurbished.

An allowance is made for one (1) out of the three (3) WWTW projects in this criterion to be substituted by a Water Treatment Works (WTW) project.

≥ 16 Mℓ/d to

19 Mℓ/d

6 points per Works

≥ 20 Mℓ/d 8 points

per Works

2.3 Plant and Equipment

This will be assessed against a minimum number of different types of plant and equipment required to successfully complete the project within the stipulated construction period as determined by the Engineer.

Access to plant may be in a form of ownership, hire or leasing arrangements, orders etc. A letter of intent from hiring or leasing companies stating the number and type of plant and equipment on which arrangement has been made must be submitted. Any changes to the lease/hire agreement must be approved by the Municipality prior commencement.

NB: Equipment leased/hired will only score 50% of the points in the ‘Score Allocation’ column, whereas equipment owned by the Tenderer will score 100% of the points in the ‘Score Allocation’ column.

NB: Proof of ownership and/or lease/hire agreements of equipment must be submitted with the Tender. Failing to submit such will result in disqualification of points.


Allocation

Minimum Plant

required

Maximum Points

5

Available Plant and Equipment: Points awarded for ownership of relevant Plant and Equipment as per list below. Half points awarded for signed hire/lease agreements for the project. (Provide detail in Returnable Schedule Form AF5)

15

5.1 Tipper Truck ≥ 6m3 1 point per No.

4 4

5.2 Crane ≥ 30 ton 2 points per

No. 1 2

5.3 Excavator ≥ 30 ton 2 points per

No. 2 4

5.4 TLB Min 4X4 2 point per

No. 2 4

5.5 Front End Loader Wheel

loader ≥ 4m3

1 point per No.

1 1

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2.4 Financial Status

This will be assessed against Bank ratings as follows:

An original and stamped Bank letter must be submitted; it should be specific for this project and not older than 30 days on date of Tender submission.


Allocation Maximum

Points

6 Financial Status (Provide detail in Returnable Schedule Form AF6) 10

6.1

Bank Rating (A Bank letter must be submitted; it should be specific for this project and not older than 30 days on date of Tender submission)

A 10 points

10

B 10 points

C 7 points

D 5 points

E 2 points

F,G,H 0 points

2.5 Key Staff



Allocation Maximum

Points

7 Key Staff. (Provide detail in Returnable Schedule Form AF5)1 25

7.1

Contract Director

The proposed candidate must have worked on at least one completed project with a construction value over R400 million2 to be eligible to score points in the evaluation.

Contract management experience in a very senior position (i.e. Contract Director, Project Manager, Contract Manager, Construction Manager) on Civil Infrastructure Projects with a construction value over R200 million2.

≥ 200mill2

const. value

0.5 point/ year

5

Undergraduate degree/B-Tech/Diploma in the

Built Environment or Business Administration 0.5 point

2 Postgraduate degree in the Built Environment or

Business Administration 0.5 point

Professionally registered (Pr. Eng, Pr CPM, or

international equivalent) 1 point

7.2

Construction Manager

Construction management experience in a senior

position (i.e. Project Director, Project Manager,

Construction Manager, Contract Manager, Site

Agent) on Civil Infrastructure Projects with a

construction value over R200 million2.

≥ 200mill2 const. value

0.5 point/year

4

Undergraduate degree in the Built Environment or


1 Professionally registered (Pr. Eng, Pr CPM, or

international equivalent) 0.5 point

25


Allocation Maximum

Points

7.3

Site Agent

Site management experience in a management

position (i.e. Project Director, Project Manager,


Agent, Deputy Site Agent) on Civil Infrastructure

Projects with a construction value over R200

million2.


0.5 point/year

4

Undergraduate degree in the Built Environment or



international equivalent) 0.5 points

7.4

Mechanical Lead

Mechanical experience in a management position

(i.e. Project Director, Project Manager,


Agent, Deputy Site Agent, Project Engineer) on

Infrastructure Projects with significant civil,

mechanical and electrical components and a total



0.5 point/year

3

Undergraduate degree in the Built Environment 0.5 points



7.5

Electrical Lead

Electrical experience in a management position

(i.e. Project Director, Project Manager,


Agent, Deputy Site Agent, Project Engineer) on

Infrastructure Projects with significant civil,

mechanical and electrical components and a total



0.5 point/year

3

Undergraduate degree in the Built Environment 0.5 points



1 Two Form AF5’s must be submitted for the Mechanical Lead, and two for the Electrical Lead, each corresponding to the key person from each Mechanical and Electrical subcontractors proposed by the Tenderer. Scores for each of the two Mechanical Lead CVs will be determined, and then averaged for purposes of defining a final score for the Mechanical Lead criteria; and similarly for the Electrical Lead criterion.

2 Net present value including VAT. Historical project costs are to be escalated to 2020 at an annual rate of 5%.

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2.6 Programme

This criterion evaluates the submitted programme/Methodology in terms of demonstrating an understanding of the Works.



Allocation Maximum

Points

8 Programme (Provide Detail in Returnable Schedule Form AF6) 15

8.1

Extent to which the Tenderer’s programme

and methodology relating to design and

install and for the overall construction and

commissioning illustrates a sound

understanding of the Works – i.e. inclusion

of all components of the scope of physical

works, detail of activity breakdown, realistic

durations and sequencing, integration of

various technical disciplines, compliance

with Time for Completion.

Excellent 15

15

Good 10

OK 7

Poor 5

Very Poor 3

None 0

2.7 Functionality Evaluation Scoring Summary

Criteria Minimum Points1

Maximum Points2

1 General Construction Experience - any civils contract (only projects completed between 1 Jan 2005 to 31 Dec 2019 are eligible)

N/A 20

2 Specific Construction Experience: Wastewater Treatment Works (only projects completed between 1 Jan 2005 to 31 Dec 2019 are eligible)

10 15

5

Available Plant and Equipment: Points awarded for ownership of relevant Plant and Equipment as per list below. Half points awarded for signed hire/lease agreements for the project.

N/A 15

6 Financial Status N/A 10

7 Key Staff N/A 25

8 Programme N/A 15

TOTAL 75 100

1 If Minimum Points stated against any criterion or in total are not attained, then the Tenderer shall be disqualified.

2 All references to ‘Maximum Points’ refer to the maximum number of points that a Tenderer can obtain against each criterion.

2.8 Commercial Risk Analysis

Prior to being recommended for further evaluation, the tender will be subjected to risk analysis to ensure that it would, if accepted, not place the Municipality or the tenderer, at undue risk.

A risk analysis will be performed to ascertain if any of the following might present an unacceptable commercial risk to the Municipality:

(a) Unduly low tendered sums

(b) Unduly high individual rates

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(c) Unduly low rates

(d) Imbalances in pricing

It is in the best interests of the Municipality to amend an error which will cause the tender to be rejected on the basis of it presenting an unacceptable commercial risk.

2.8.1 Evaluation of tenders

All tenders received shall be evaluated in terms of the Supply Chain Management Regulations, Polokwane Municipality Supply Chain Management Policy (available on request from Municipality), the Preferential Procurement Regulation 2017, and other applicable legislations.

The Council reserves the right to accept all, some, or none of the tenders submitted – either wholly or in part – and it is not obliged to accept the lowest tender.

By submitting this tender, the Tenderer authorizes the Council or its delegate(s) to carry out any investigation deemed necessary to verify the correctness of the statements and documents submitted and that such documents reasonably reflect the ability of the Tenderer to provide the goods and services required by the Council.

PLEASE NOTE

The Municipal Manager may cancel a contract awarded to a person if:

(a) The person committed a corrupt or fraudulent act during the procurement process or in the execution of the contract, or

(b) An official or other role player committed any corrupt or fraudulent act during the procurement process or in the execution of the contract that benefited that person.

The Municipal Manager may reject the tender or quote of any person if that person or any of its directors has:

(a) Failed to pay municipal rates and taxes or municipal service charges and such rates, taxes and charges are in arrears for more than three months;

(b) Failed, during the last five years, to perform satisfactorily on a previous contract with the Polokwane Municipality or any other organ of State after written notice was given to that tenderer that performance was unsatisfactory;

(c) Abused the supply chain management system of the Municipality or have committed any improper conduct in relation to this system;

(d) Been convicted of fraud or corruption during the past five years;

(e) Wilfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract during the past five years; or

(f) Been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No. 12 of 2004) or has been listed on National Treasury’s database as a person prohibited from doing business with public sector.

2.9 Tendered rates

Rates for all the tenders which have complied with the tender conditions will be assessed for the following:

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(a) Comparison of rates and amounts with the average tendered amount.

(b) Sensitivity Analysis of Rates (i.e. whether the rates are balanced, acceptable, etc.).

(c) Expected cash flows requirements.

NB: Tenders with unbalanced rates will be disqualified for further evaluation on price and preference points system.

3 Business Registration

Prospective tenderers shall be registered:

(a) With the South African Revenue Services for all categories of taxes applicable to it.

(b) With the Compensation Commissioner

(c) With the Construction Industry Development Board at a grading as required by this Tender.

4 Price and Preference Evaluation

Apply SANS 10845-3:2015 Clauses 5.11.7 and 5.11.8 to determine the preferred Tenderer.

5 Technical Compliance Evaluation

The preferred Tenderer’s technical submissions as outlined in Form AT1 to AT2 will be evaluated to ensure that the preferred Tenderer has provided, and priced, for Technical Schedules (in Forms AT1 to AT2) that are compliant with the requirements of Clause 4.12 of the Tender Data and with the Standard and Particular Specifications for this Contract.

The following will be included in the evaluation:

Check that all Technical Schedules have been submitted (for two separate Mechanical

Subcontractors and two separate Electrical Subcontractors; and two Technical Datasheets

from each subcontractor for certain items of equipment as stated in Forms AT1 and AT2),

and that they contain all the required information, as required per Part T2.1 List of

Returnable Schedules.

o Where there are omissions, record these in a Technical Schedules Omissions Form.

o If there are omissions, issue the Technical Schedules Omissions Form to the preferred

Tenderer and simultaneously give them 7 days written notice to provide the omitted

schedules and/or information.

o If all omissions recorded in the Technical Schedules Omissions Form have not been submitted within the 7 day period, disqualify the Tenderer.

Check that the information provided in the Technical Schedules in all instances meets the

requirements of the Standard and Particular Specifications.

o Rate each item of equipment proposed on the following scale:

0 – No data provided

29

1 – Significant non-compliances with the Specifications

2 – Minor non-compliances with the Specifications

3 – Equipment is acceptable

4 – Equipment marginally exceeds requirements

5 – Equipment significantly exceeds requirements

o For each subcontractor, add up the ratings for each item of equipment to determine a

total rating.

o Select the Mechanical and Electrical Subcontractors with the higher ratings as the

preferred subcontractors.

o For the preferred subcontractors, record significant and minor non-compliances in a

Technical Schedules Non-Compliance Form.

o If there are significant non-compliances, issue the Technical Schedules Non-

Compliance Form to the preferred Tenderer and simultaneously give them 14 days

written notice to rectify the non-compliance by means of submitting revised Technical

Schedule/s.

o Technical Evaluator/s then assess compliance of revised submission, and recommend

way forward, which may be:

Accept revised submission/s;

Accept revised submission/s subject to a reduction in the Contract Price;

Reject revised submission/s and request replacement of mechanical and/or

electrical subcontractors with associated replaced Technical Schedules (at same

Tender Price); or

Reject revised submission/s and disqualify Tenderer.

6 Acceptance of Tender Offer

Tender offers will only be accepted if it complies with all the requirements as listed in clause 5.13 in the Tender Data.

7 Provide copies of the Contract Document

The number of paper copies of the signed Contract to be provided by the Employer to the successful Tenderer is stated in clause 5.17 in the Tender Data.

30

PART T2 RETURNABLE SCHEDULES

T2.1 LIST OF RETURNABLE SCHEDULES ...................................................................31

T2.2 RETURNABLE SCHEDULES .................................................................................36

31

T2.1 LIST OF RETURNABLE SCHEDULES

The Tenderer must complete the following returnable schedules:

T2.1.1 Returnable Schedules required for tender evaluation purposes

FORM A1 CERTIFICATE OF AUTHORITY OF SIGNATORY ........................................37

FORM A2 CERTIFICATE OF REGISTRATION WITH THE CONSTRUCTION INDUSTRY DEVELOPMENT BOARD..............................43

FORM A3 CERTIFICATE OF AUTHORITY FOR JOINT VENTURES (WHERE APPLICABLE) ................................................................................48

FORM A4 COMPULSORY ENTERPRISE QUESTIONNAIRE .......................................59

FORM A5 RECORD OF ADDENDA TO TENDER DOCUMENTS ..................................62

FORM A6 PROPOSED AMENDMENTS AND QUALIFICATIONS .................................63

FORM A7 FORM OF INTENT TO PROVIDE A DEMAND GUARANTEE .......................64

FORM A8 SCHEDULE OF PROPOSED SUBCONTRACTORS .....................................65

FORM A9 SCHEDULE OF AVAILABLE INFRASTRUCTURE, RESOURCES AND EXPERIENCE ................................................................66

FORM A10 CERTIFICATE FOR MUNICIPAL SERVICES AND PAYMENTS: ANNEXURE B ...............................................................................................70

FORM A11 AUTHORISATION FOR DEDUCTION OF OUTSTANDING AMOUNTS OWED TO COUNCIL: ANNEXURE C .........................................71

FORM A12 DECLARATION OF TENDERER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES (MBD 8) ....................72

FORM A13 DECLARATION OF INTEREST (MBD 4) .......................................................75

FORM A14 THE NATIONAL INDUSTRIAL PARTICIPATION PROGRAMME (SBD5) .....78

FORM A15 DECLARATION FOR PROCUREMENT ABOVE R10 MILLION (ALL APPLICABLE TAXES INCLUDED) (MBD 5) .........................................81

FORM A16 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017 (MBD 6.1) ...........83

FORM A17 DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT (MBD 6.2) ....................................................................................89

FORM A18 CERTIFICATE OF INDEPENDENT TENDER DETERMINATION (MBD 9) ...93

FORM A19 COMPLIANCE WITH OHSA (ACT 85 OF 1993) ............................................96

FORM A20 COID LETTER OF GOOD STANDING ..........................................................97

FORM A21 CSD REGISTRATION ...................................................................................98

FORM A22 EMPLOYEMENT GOALS ..............................................................................99

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FORM A23 SUB-CONTRACTING AND SUPPLIERS GOALS ....................................... 100

FORM A24 EMPLOYMENT OF BLACK-OWNED QSEs AND BLACK-OWNED EMEs DECLARATION AFFIDAVIT ........................................................................ 102

FORM A25 TRAINING ................................................................................................... 103

FORM A26 ENGINEERING STUDENT TRAINING ........................................................ 104

FORM A27 DECLARATION OF INVESTIGATIONS ....................................................... 105

FORM A28 STRUCTURE OF TENDERING ENTITY ..................................................... 106

FORM A29 COMPETENCE OF SUPERVISORY STAFF ............................................... 107

FORM AF1 GENERAL CONSTRUCTION EXPERIENCE .............................................. 108

FORM AF2 SPECIFIC CONSTRUCTION EXPERIENCE: WASTEWATER TREATMENT WORKS ....................................................................................................... 109

FORM AF3 SPECIFIC MECHANICAL SUBCONTRACTOR CONSTRUCTION EXPERIENCE: TREATMENT WORKS AND PUMP STATIONS) ................ 110

FORM AF4 SPECIFIC ELECTRICAL SUBCONTRACTOR CONSTRUCTION EXPERIENCE: TREATMENT WORKS AND PUMP STATIONS) ................ 111

FORM AF5 AVAILABLE PLANT AND EQUIPMENT ...................................................... 112

FORM AF6 ORIGINAL BANK RATING LETTER / FINANCIAL INFORMATION OF TENDERER ................................................................................................. 113

FORM AF7 KEY STAFF ..................................................................................................... 115

FORM AF8 PROGRAMME ................................................................................................ 116

FORM AT0 TECHNICAL DATASHEETS – INTRODUCTION............................................. 117

FORM AT1 MECHANICAL DATASHEETS ........................................................................ 119

FORM AT2 ELECTRICAL DATASHEETS .......................................................................... 121

The following categories of entities are relevant for this Tender:

Category 1: The tendering entity only (either the JV or a Single Contractor)

Category 2: Lead partner in a JV or a Single Contractor

Category 3: Each member in a JV or a Single Contractor

Category 4: The Lead Mechanical and Lead Electrical subcontractors listed in Form A8.

The table below indicates which entity is required to submit which returnable form:

33

Returnable Description To be completed by Included

(Y/N) Cat 1 Cat 2 Cat 3 Cat 4

MBD1 Part A Invitation to Bid X

MBD1 Part B Terms and Conditions for Bidding X

FORM A1 Certificate of Authority of Signatory X

FORM A2 Certificate of Registration with The Construction Industry Development Board

X X

FORM A3 Certificate of Authority for Joint Ventures (Where Applicable) X

FORM A4 Compulsory Enterprise Questionnaire

X

FORM A5 Record of Addenda to Tender Documents

X

FORM A6 Proposed Amendments and Qualifications

X

FORM A7 Form of Intent to Provide a Demand Guarantee X

FORM A8 Schedule of Proposed Subcontractors

X

FORM A9 Schedule of Available Infrastructure, Resources and Experience X

FORM A10 Certificate for Municipal Services and Payments: Annexure B X

FORM A11

Authorisation for Deduction of Outstanding Amounts Owed to Council: Annexure C

X

FORM A12 Declaration of Tenderer’s Past Supply Chain Management Practices (MBD 8)

X X

FORM A13 Declaration of Interest (MBD 4) X X

FORM A14 The National Industrial Participation Programme (SBD5) X

FORM A15 Declaration for Procurement above R10 Million X

FORM A16

Preference Points Claim Form in Terms of the Preferential Procurement Regulations 2017 (MBD 6.1)

X

FORM A17 Declaration Certificate for Local Production and Content (MBD 6.2) X

FORM A18 Certificate of Independent Tender Determination (MBD 9) X

FORM A19 Compliance with OHSA (Act 85 of 1993)

X

FORM A20 COID Letter of Good Standing X X

FORM A21 CSD Registration X X

34

Returnable Description To be completed by Included

(Y/N) Cat 1 Cat 2 Cat 3 Cat 4

FORM A22 Schedule of Labour Content X

FORM A23 Employment of Black-Owned QSEs And Black-Owned EMEs X

FORM A24 Employment of Black-Owned QSEs And Black-Owned EMEs Declaration Affidavit

X

FORM A25 Training X

FORM A26 Engineering Student Training X

FORM A27 Declaration of Investigations X

FORM A28 Structure of Tendering Entity X

FORM A29 Form A29 Competence of Supervisory Staff

x

FORM AF1 General Construction Experience – X

FORM AF2 Specific Construction Experience: Wastewater Treatment Works X

FORM AF3

Specific Mechanical Sub-Contractor Construction Experience: Treatment Works and Pump Stations)

X

FORM AF4

Specific Electrical Sub-Contractor Construction Experience: Treatment Works and Pump Stations)

X

FORM AF5 Available Plant and Equipment X

FORM AF6 Original Bank Rating Letter / Financial Information of Tenderer X

FORM AF7 Key Staff X

FORM AF8 Programme X

FORM AT1 Electrical Datasheets X

FORM AT2 Mechanical Datasheets X

C1.3 Performance Guarantee X

C1.4 Retention Money Guarantee X

C1.5 Agreement in Terms of Section 37(2) of the Occupational Health and Safety Act No 85 Of 1993

X


X

C2.2 Bill of Quantities X

T2.1.2 Other Returnable Documents that will be incorporated into the Contract

The offer portion of the C1.1 Offer and Acceptance

C1.2 Contract Data (Part 2)

C1.3 Performance Guarantee

C1.4 Retention Money Guarantee

35

C1.5 Agreement In Terms Of Section 37(2) Of The Occupational Health And Safety Act No 85 Of 1993


C2.2 Bills of Quantities

Note that the following Returnable Schedules from T2.1.1 will be incorporated into the Contract.

All AT Schedules; and

Form AF7 Key Staff.

36

T2.2 RETURNABLE SCHEDULES

37

FORM A1 CERTIFICATE OF AUTHORITY OF SIGNATORY

Indicate the status of the Tenderer by ticking the appropriate box below. The Tenderer must complete the certificate set out below, for the category applicable to the structure that they are tendering as.

1 Company

2 Partnership

3 Joint Venture

4 Sole Proprietor

5 Close Corporation

38

1. CERTIFICATE FOR COMPANY

I, ............................................................................................................................................. ,

chairperson of the board of directors of .................................................................................. ,

hereby confirm that by resolution of the board (copy attached)

taken on .................................................20…,

Mr/Ms ..................................................................................................................................... ,

acting in the capacity of .......................................................................................................... ,

was authorised to sign all documents in connection with this Tender and any contract resulting from it on behalf of the company.

As witnesses:

1. .............................................................. ........................................................................ (Chairman)

.............................................................. ........................................................................ Print Name Print Name

2. .............................................................. ........................................................................

.............................................................. ........................................................................ Print Name Date

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2. CERTIFICATE OF PARTNERSHIP

We, the undersigned, being the key partners in the business trading as

................................................................................................................................................ ,

hereby authorise Mr/Ms .......................................................................................................... ,


to sign all documents in connection with the Tender for Contract

................................................................................................................................................ ,

and any contract resulting from it on our behalf.

Name Address Signature Date

Note: This certificate is to be completed and signed by each and all of the key partners upon whom rests the direction of the affairs of the Partnership as a whole.

40

3. CERTIFICATE FOR JOINT VENTURE

We, the undersigned, are submitting this Tender offer in Joint Venture and hereby authorize

Mr/Ms ..................................................................................................................................... ,

authorised signatory of the firm .............................................................................................. ,

acting in the capacity of lead partner, to sign all documents in connection with the Tender offer for Contract

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


This authorisation is evidenced by the attached power of attorney signed by legally authorised signatories of all the partners to the Joint Venture.

Name of Firm Address Authorising

Signature Name

41

4. CERTIFICATE FOR SOLE PROPRIETOR

I, ............................................................................................................................................. ,

hereby confirm that I am the sole owner of the business trading as

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

As witnesses:

1. .............................................................. ........................................................................ Signature: Sole Owner

.............................................................. ........................................................................ Print Name Print Name

2. .............................................................. ........................................................................

.............................................................. ........................................................................ Print Name Date

42

5. CERTIFICATE FOR CLOSE CORPORATION

We, the undersigned, being the key members in the business trading as

................................................................................................................................................ ,

hereby authorise Mr/Ms .......................................................................................................... ,


to sign all documents in connection with the Tender for Contract

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


Name Address Signature Date

Note: This Certificate is to be completed and signed by each and all of the key members upon whom rests the direction of the affairs of the Close Corporation as a whole.

43

FORM A2 CERTIFICATE OF REGISTRATION WITH THE CONSTRUCTION INDUSTRY DEVELOPMENT BOARD

1 General

The Register of Contractors is established by the Construction Industry Development Board in terms of the CIDB Act 38 of 2000 and Construction Industry Development Regulations as published in Government Gazette number 26427 of 2004.

The Act makes it mandatory for public sector clients to apply this register when considering Tenders. Any enterprise that submits a Tender or enters into contract for construction works with the public sector, must be registered.

Once-off joint ventures do not have to register, provided that each partner of the joint venture is separately registered.

2 Status

Tenderers shall fill in the following sections of this form, depending on their status:

2.1 Section A

Tenderers who have accomplished registration and can provide proof of their grading designation.

2.2 Section B

Tenderers who are in the process of registration of an update to an existing registration or a renewal.

2.3 Section C

Tenderers who have submitted the first application.

2.4 Section D

Tenderers submitting this Tender offer in Joint Venture and can provide proof that each partner of the Joint Venture is separately registered.

Note: Only complete one of Sections A, B, C or D.

44

SECTION A

I, ............................................................................................................................................. ,

acting in capacity of ................................................................................................................ ,

was authorised to sign all documents in connection with this Tender and any contract resulting from it on behalf of the following entity:

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

hereby declare that the above-mentioned entity has achieved registration with the Construction Industry Development Board on date

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

and declare that the grading designation is reflected in the following symbols on the registration certificate:

Contract Value:

Type of Work:

................................................................... ........................................................................ Signature of Tenderer Signature of Witness

................................................................... ........................................................................ Print Name Print Name

45

SECTION B

I, ............................................................................................................................................. ,


was authorised to sign all documents in connection with this tender and any contract resulting from it on behalf of the following entity:

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

hereby declare that the above-mentioned entity has achieved registration with the Construction Industry Development Board on date

....................................................................... ,

furthermore declare that the existing grading designation is:

Contract Value:

Type of Work:

and the following update has been applied for (mark with *):

Amendment of category status:

Change of particulars:

Annual confirmation of particulars:

Renewal of registration:



46

SECTION C

I, ............................................................................................................................................. ,


was authorised to sign all documents in connection with this tender and any contract resulting from it on behalf of the following entity:

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

hereby declare that the above-mentioned entity has submitted its FIRST APPLICATION FOR REGISTRATION with the Construction Industry Development Board on date

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

I furthermore declare that failure to achieve registration with the Construction Industry Development Board in a category stipulated in the Tender Data within 10 days from the date of closing this tender, implies a non-responsive tender and warrants rejection of the Tender on account of non-compliance with the requirements of the Tender Data.



47

SECTION D

I, ............................................................................................................................................. ,

acting in capacity of the LEAD PARTNER in the Joint Venture,

was authorised to sign all documents in connection with this tender and any contract resulting from it and hereby declare that each partner of the Joint Venture is separately registered with the Construction Industry Development Board and declare that the grading designation is reflected in the following symbols on the registration certificates:

Name of Lead Partner

Contract Value:

Type of Work:

Name of 2nd Partner

Contract Value:

Type of Work:

Name of 3rd Partner

Contract Value:

Type of Work:



48

FORM A3 CERTIFICATE OF AUTHORITY FOR JOINT VENTURES (WHERE APPLICABLE)

Employer: .................................................................................................................

Contract Number: .................................................................................................................

Note 1:

This form need only be completed in the event of a Joint Venture submitting this Tender.

Note 2:

Fill in all the information requested in the spaces provided. Attach additional sheets if required.

Note 3:

Provide a copy of the Joint Venture agreement. Demonstrate that the partners to the Joint Venture share in the ownership, control, management responsibilities, risks and profits of the Joint Venture. The Joint Venture agreement shall include specific details relating to:

(a) the contributions of capital and equipment;

(b) portions of the Contract to be performed by the partner’s own resources; and

(c) portions of the Contract to be performed under the supervision of each partner.

Note 4:

Provide copies of all written agreements between partners concerning the Joint Venture, including those that relate to ownership options and to restrictions/limits regarding ownership and control.

1 Joint Venture Particulars

Name

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

Postal Address

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

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

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

Physical Address

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

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

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

49

Telephone

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

Fax

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

Name of Authorized Representative

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

2 Identity of Partner No. 1

Name

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

Postal Address

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

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

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

Physical Address

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

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

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

Telephone

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

Fax

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

Contact Person

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


Name

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

Postal Address

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

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

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

50

Physical Address

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

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

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

Telephone

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

Fax

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

Contact Person

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


Name

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

Postal Address

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

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

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

Physical Address

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

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

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

Telephone

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

Fax

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

Contact Person

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

51

5 Description of the role of the partners in the joint venture

Partner No. 1

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

Partner No. 2

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

Partner No. 3

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

6 Ownership of the joint venture

6.1 Ownership percentage

Partner No. 1

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

Partner No. 2

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

Partner No. 3

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

6.2 Partner percentage in respect of:

6.2.1 Profit and loss sharing

Partner No. 1

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

Partner No. 2

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

Partner No. 3

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

6.2.2 Initial capital contribution

Partner No. 1

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

Partner No. 2

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

Partner No. 3

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

52

6.2.3 Anticipated ongoing capital contributions

Partner No. 1

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

Partner No. 2

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

Partner No. 3

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

6.2.4 Contributions of equipment (specify types, quality and quantities of equipment) to be provided by each partner:

Partner No. 1

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

Partner No. 2

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

Partner No. 3

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

7 Recent contracts performed by partners in their own right or as partners in other joint ventures

7.1 Partner No. 1

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

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

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

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

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

7.2 Partner No. 2

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

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

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

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

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

53

7.3 Partner No. 3

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

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

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

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

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

8 Control and participation in the joint venture

Identify by name and firm those individuals who are, or will be, responsible for, and have authority to engage in the relevant management functions and policy and decision making, indicating any limitations in their authority, for example, co-signature requirements and monetary limits:

8.1 Joint Venture cheque signing

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

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

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

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

8.2 Authority to enter into contracts on behalf of the Joint Venture

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

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

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

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

8.3 Signing, co-signing or collateralizing of loans

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

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

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

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

8.4 Acquisition of lines of credit

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

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

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

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

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

54

8.5 Acquisition of demand bonds

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

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

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

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

8.6 Negotiating and signing of labour agreements

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

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

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

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

9 Management of the performance of the Contract

Fill in the name and firm of the responsible person

9.1 Supervision of field operations

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

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

9.2 Major purchasing

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

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

9.3 Estimating

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

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

9.4 Technical management

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

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

10 Management and control of the joint venture

10.1 Identify the managing partner

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

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

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

55

10.2 What authority does each partner have to commit or obligate the other to financial institutions, insurance companies, suppliers, subcontractors or other parties participating in the performance of the contemplated works:

Partner No. 1

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

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

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

Partner No. 2

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

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

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

Partner No. 3

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

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

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

10.3 Describe the management structure for the joint venture’s work under this Contract

Management Function/Designation

Name Partner

56

11 Personnel

11.1 State the approximate number of operative personnel (by trade/function/discipline) needed to execute the Joint Venture contract.

Trade/function/discipline Number

11.2 State the number of operative personnel to be employed on the Contract who are currently in the employ of partners:

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

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

11.3 State the number of operative personnel who are not currently in the employ of the respective partners and shall be engaged on the project by the Joint Venture:

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

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

11.4 State the name of the individual who shall be responsible for hiring Joint Venture employees:

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

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

11.5 State the name of the partner who shall be responsible for the preparation of Joint Venture payrolls:

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

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

57

12 Services

List the firms who provide the following services:

Service Name Contact Person Telephone No.

Accounting

Auditing

Banking

Insurance

Legal

13 Control and structure of the Joint Venture

Briefly describe the manner in which the Joint Venture is structured and controlled.

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

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

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

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

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

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

The undersigned warrants that he/she is duly authorised to sign this Joint Venture disclosure form and affirms that the foregoing statements are correct and include all the material information necessary to identify and explain the terms and operations of the Joint Venture and the intended participation of each partner in the undertaking.

The undersigned further covenants and agrees to provide the Employer with complete and accurate information regarding actual joint venture work and the payment therefore, and any proposed changes in any provisions of the Joint Venture Agreement, and to permit the audit and examination of the books, records and files of the Joint Venture, or those of each partner relevant to the Joint Venture, by duly authorized representatives of the Employer.

Duly authorized to sign on behalf of:

................................................................................................................... (the Joint Venture)

Signature: ............................................ Print Name: .................................................

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

Address: ..........................................................................................................................

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

Telephone: ............................................

Date: ............................................

58


........................................................................................................................ (Partner No. 1)


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

Address: ..........................................................................................................................

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

Telephone: ............................................

Date: ............................................


........................................................................................................................ (Partner No. 2)


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

Address: ..........................................................................................................................

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

Telephone: ............................................

Date: ............................................


........................................................................................................................ (Partner No. 3)


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

Address: ..........................................................................................................................

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

Telephone: ............................................

Date: ............................................

59

FORM A4 COMPULSORY ENTERPRISE QUESTIONNAIRE

The following particulars must be furnished. In the case of a joint venture, separate enterprise questionnaires in respect of each partner must be completed and submitted.

Section 1: Name of enterprise:

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

Section 2: VAT registration number, if any:

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

Section 3: CIDB registration number, if any:

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

Section 4: Particulars of sole proprietors and partners in partnerships

Name* Identity number* Personal income tax number*

* Complete only if sole proprietor or partnership and attach separate page if more than 3 partners

Section 5: Particulars of companies and close corporations

Company registration number

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

Close corporation number

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

Tax reference number

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

Section 6: Record in the service of the state

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

60

a member of any municipal council

a member of any provincial legislature

a member of the National Assembly or the National Council of Province

a member of the board of directors of any municipal entity

an official of any municipality or municipal entity

an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999)

a member of an accounting authority of any national or provincial public entity

an employee of Parliament or a provincial legislature

If any of the above boxes are marked, disclose the following:

Name of sole proprietor, partner, director, manager,

principal shareholder or stakeholder

Name of institution, public office, board or organ of state and position held

Status of service (tick appropriate column)

Current Within last 12 months

* insert separate page if necessary

Section 7: Record of spouses, children and parents in the service of the state

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

a member of any municipal council

a member of any provincial legislature

a member of the National Assembly or the National Council of Province

a member of the board of directors of any municipal entity

an official of any municipality or municipal entity

an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999)

a member of an accounting authority of any national or provincial public entity

an employee of Parliament or a provincial legislature

61

Name of spouse, child or parent

Name of institution, public office, board or organ of state and position held

Status of service (tick appropriate column)

Current Within last 12 months

*insert separate page if necessary

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise:

(a) authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services that my / our tax matters are in order;

(b) confirms that the neither the name of the enterprise or the name of any partner, manager, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears on the Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004;

(c) confirms that no partner, member, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears, has within the last five years been convicted of fraud or corruption;

(d) confirms that I / we are not associated, linked or involved with any other Tendering entities submitting Tender offers and have no other relationship with any of the Tenderers or those responsible for compiling the scope of work that could cause or be interpreted as a conflict of interest; and

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

Signed ............................................ Date .................................................

Name ............................................ Position .................................................

Enterprise name .................................................................................................................

62

FORM A5 RECORD OF ADDENDA TO TENDER DOCUMENTS

We confirm that the following communications received from the Employer before the submission of this Tender offer, amending the Tender documents, have been taken into account in this Tender offer:

No. Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

Attach additional pages if more space is required.

Signed ............................................ Date .................................................

Name ............................................ Position .................................................

Tenderer ..........................................................................................................................

63

FORM A6 PROPOSED AMENDMENTS AND QUALIFICATIONS

The Tenderer should record any deviations or qualifications he may wish to make to the Tender documents in this Returnable Schedule. Alternatively, a Tenderer may state such deviations and qualifications in a covering letter to his Tender and reference such letter in this schedule.

The Tenderer’s attention is drawn to Clause 5.8 of the Conditions of Tender regarding the Employer’s handling of material deviations and qualifications.

Page Clause or

item Proposal

Signed ............................................ Date .................................................

Name ............................................ Position .................................................

Tenderer ..........................................................................................................................

64

FORM A7 FORM OF INTENT TO PROVIDE A DEMAND GUARANTEE

If my/our Tender is accepted, I/we will, when required and within the time stipulated, provide a guarantee of

(*) Insurance Company (name)

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

(of address)

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

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

(*) Commercial Bank (Name)

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

(Branch)

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

(of address)

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

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

to be approved by you, the Employer, for the amount stipulated.

(*) delete whichever is not applicable.

I/we understand that failure to produce an acceptable Demand Guarantee within the stipulated period is a fundamental breach of Contract, entitling the Employer to:

(a) withhold all payments which may be due to the Contractor pending compliance with the stipulated requirements to produce an acceptable Demand Guarantee.

(b) instruct the Contractor to cease all work pending provision of the Demand Guarantee, and

(c) cancel the Contract.

Signed ............................................ Date .................................................

Print Name ............................................ Position .................................................

Tenderer ..........................................................................................................................

65

FORM A8 SCHEDULE OF PROPOSED SUBCONTRACTORS

We notify you that it is our intention to employ the following Subcontractors for work in this contract.

If we are awarded a contract we agree that this notification does not change the requirement for us to submit the names of proposed Subcontractors in accordance with requirements in the Contract for such appointments. If there are no such requirements in the Contract, then your written acceptance of this list shall be binding between us.

Lead Mechanical and Lead Electrical subcontractors must be listed in this schedule, unless the Lead Contractor itself will perform such role.

We confirm that all Subcontractors who are contracted to construct a house are registered as home builders with the National Home Builders Registration Council.

No Name and address of

proposed Subcontractor Nature and extent of

work Previous experience with Subcontractor.

1.

2.

3.

4.

5.

Signed ............................................ Date .................................................

Name ............................................ Position .................................................

Tenderer ..........................................................................................................................

66

FORM A9 SCHEDULE OF AVAILABLE INFRASTRUCTURE, RESOURCES AND EXPERIENCE

1 Tenderer’s Personnel Profile

Key Staff Permanently employed, of foreman level and above Number of

staff

Sub-Total

Other Permanent Staff Number of

staff

Sub-Total

Temporary Staff Number of

staff

Sub-Total

67

2 List the Firms who provide the following services

Service Name Contact Person Telephone

Accounting

Auditing

Insurance

Legal

3 Identify any amounts of money loaned to your enterprise, indicating the loan source, date and amount

Loan Source Address Date of Loan Loan Amount

4 List a maximum of five contracts which your enterprise is engaged in and has not yet completed

Contract Description

Location Client Contract Amount

Expected Completion

(month & year)

5 Address of Branch Offices in the RSA

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

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

6 Address of Nearest Representative to Polokwane

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

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

68

7 Has work previously been performed for the Employer?

YES/NO* – Specify

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

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

8 Tenderer’s Financial Ability to execute and complete the Works

Provide the estimated cash flow on the project in terms of submissions of payment certificates or payment schedules of the Employer

NOTES APPLICABLE:

(a) Value added tax to be included in all amounts

(b) Assume for the purpose of this estimate, payment of certificates within 30 days after receipt by the Employer.

(c) In calculation of the last column,

j = d m = l + g

k = j + e n = m + h

l = k + f etc

(d) Failure to detail the required information, shall automatically signify that the Tenderer lacks the infrastructure and resources necessary to execute and complete the Works

Month No. in Contract Period

Estimated amount in Rands (VAT included)

a Received

(invoice from Contractor)

b Payments made (by Employer)

a-b Net cash flow

Cumulative cash flow

1 d j

2 e k

3 f l

4 g m

5 h n

6 etc. etc.

7

8

9

10

69

Month No. in Contract Period

Estimated amount in Rands (VAT included)

a Received

(invoice from Contractor)

b Payments made (by Employer)

a-b Net cash flow

Cumulative cash flow

11

12

Maximum negative cash flow. Take the largest negative number in the last column and write in here → → → → →

Signed ............................................ Date .................................................

Print Name ............................................ Position .................................................

Tenderer ..........................................................................................................................

70

FORM A10 CERTIFICATE FOR MUNICIPAL SERVICES AND PAYMENTS: ANNEXURE B

TO: MUNICIPAL MANAGER, POLOKWANE MUNICIPALITY

FROM: ............................................................................................... (Name of Tenderer)

FURTHER DETAILS OF TENDERER(S); DIRECTORS/SHAREHOLDERS/PARTNERS, ETC.

Directors/ shareholders/

Partner

Physical address of the

Business

Municipal Account No.

Physical residential

address of the Director/

Shareholder/ Partner

Municipal Account No.

Note: Please attach certified copy of ID document(s)

................................................................... ........................................................................ Signatory Date

Witnesses

1. .............................................................. ........................................................................ Full Names Signature

.............................................................. Date


.............................................................. Date

71

FORM A11 AUTHORISATION FOR DEDUCTION OF OUTSTANDING AMOUNTS OWED TO COUNCIL: ANNEXURE C

TO: MUNICIPAL MANAGER, POLOKWANE MUNICIPALITY

FROM: ........................................................................ (Name of Tenderer or Consortium)

I, ................................................................................................................. , the undersigned,

hereby authorise the Polokwane Municipality to deduct the full amount outstanding by the business organisation/Director/Shareholder/Partner, etc. from any payment due by us/me.

Signed at ............................................ Date: .................................................

Print Name: ............................................ Signature: .................................................

Thus done and signed for and on behalf of the Tenderer

................................................................... ........................................................................ Signatory Date

Witnesses


.............................................................. Date


.............................................................. Date

72

FORM A12 DECLARATION OF TENDERER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES (MBD 8)

1. This Municipal Tendering Document must form part of all Tenders invited.

2. It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are to combat the abuse of the supply chain management system.

3. The of any Tenderer may be rejected if the Tenderer, or any of its directors have:

(a) Abused the Municipality’s Supply Chain Management System or committed any improper conduct in relation to such system:

(b) Been convicted for fraud or corruption during the past five years:

(c) Wilfully neglected, reneged or failed to comply with any government, municipal or public-sector contract during the past five years; or

(d) Been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corruption Activities Act (No 12 of 2004).

4. In order to give effect to the above, the following questionnaire must be completed and submitted with the Tender.

ITEM QUESTION YES NO

4.1 Is the Tenderer or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector?

(Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied).

4.1.1 If so, furnish particulars:

4.2 Is the Tenderer or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corruption Activities Act (No 12 of 2004)?

(To access this Register enter the National Treasury’s website www.treasury.gov.za, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012 326 5445).

73


4.3 Was the Tenderer or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years?


4.4 Does the Tenderer or any of its directors owe any municipal rates and taxes or municipal charges to the municipality/municipal entity, or any other municipality/municipal entity, that is in arrears for more than three months?


4.5 Was any contract between the Tenderer and the municipality/municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract?


74

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME)

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

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM TO BE TRUE AND CORRECT.

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

................................................................... ........................................................................ Signature Date

................................................................... ........................................................................ Position Name of Tenderer

75

FORM A13 DECLARATION OF INTEREST (MBD 4)

1. No Tender will be accepted from persons in the service of the State*.

2. Any person, having a kinship with persons in the service of the State, including a blood relationship, may make an offer/s in terms of this invitation to Tender. In view of possible allegations of favouritism, should the resulting Tender, or part thereof, be awarded to persons connected with or related to persons in service of the State, it is required that the Tenderer or their authorised representative declare their position in relation to the evaluating/adjudicating authority and/or take an oath declaring his/her interest.

3. In order to give effect to the above, the following questionnaire must be completed and submitted with the Tender.

Full Name : ..........................................................................................

Identity No : ..........................................................................................

Company Registration No : ..........................................................................................

Tax Reference No : ..........................................................................................

VAT Registration No : ..........................................................................................

Are you at present in the service of the State? YES/NO

If so, furnish particulars:

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

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

Municipal Supply Chain Management Regulation: “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 National Council of Provinces

(b) A member of 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. 1of 1999);

(e) A member of Parliament or provincial legislature;

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(f) A member of the accounting authority of any national or provincial public entity; or

(g) An employee of Parliament or a provincial legislature

Have you been in the service of the State for the past twelve months? YES/NO


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

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

Do you have any relationship (family, friend, other) with persons in the service of the State and who may be involved with the evaluation or adjudication of this Tender? YES/NO


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

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

Are you aware of any relationship (family, friend, other) between a Tenderer and any persons in the service of the State who may be involved with the evaluation or adjudication of this Tender? YES/NO


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

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

Are any of the company’s directors, managers, principle shareholders or stakeholders in service of the State? YES/NO


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

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

Are any spouses, child or parent of the company’s directors, managers, principle shareholders or stakeholders in service of the State? YES/NO


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

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

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CERTIFICATION

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS CORRECT. I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

................................................................... ........................................................................ Signature Date


78

FORM A14 THE NATIONAL INDUSTRIAL PARTICIPATION PROGRAMME (SBD5)

This document must be signed and submitted together with your Tender

INTRODUCTION

The National Industrial Participation (NIP) Programme, which is applicable to all government procurement contracts that have an imported content, became effective on the 1 September 1996. The NIP policy and guidelines were fully endorsed by Cabinet on 30 April 1997. In terms of the Cabinet decision, all state and parastatal purchases / lease contracts (for goods, works and services) entered into after this date, are subject to the NIP requirements. NIP is obligatory and therefore must be complied with. The Industrial Participation Secretariat (IPS) of the Department of Trade and Industry (DTI) is charged with the responsibility of administering the programme.

1 PILLARS OF THE PROGRAMME

1.1 The NIP obligation is benchmarked on the imported content of the contract. Any contract having an imported content equal to or exceeding US$ 10 million or other currency equivalent to US$ 10 million will have a NIP obligation. This threshold of US$ 10 million can be reached as follows:

(a) Any single contract with imported content exceeding US$10 million. or

(b) Multiple contracts for the same goods, works or services each with imported content exceeding US$3 million awarded to one seller over a 2 year period which in total exceeds US$10 million. or

(c) A contract with a renewable option clause, where should the option be exercised the total value of the imported content will exceed US$10 million. or

(d) Multiple suppliers of the same goods, works or services under the same contract, where the value of the imported content of each allocation is equal to or exceeds US$ 3 million worth of goods, works or services to the same government institution, which in total over a two (2) year period exceeds US$10 million.

1.2 The NIP obligation applicable to suppliers in respect of sub-paragraphs 1.1(a) to 1.1(c) above will amount to 30 % of the imported content whilst suppliers in respect of paragraph 1.1(d) shall incur 30% of the total NIP obligation on a pro-rata basis.

1.3 To satisfy the NIP obligation, the DTI would negotiate and conclude agreements such as investments, joint ventures, sub-contracting, licensee production, export promotion, sourcing arrangements and research and development (R&D) with partners or suppliers

A period of seven years has been identified as the time frame within which to discharge the obligation

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2 REQUIREMENTS OF THE DEPARTMENT OF TRADE AND INDUSTRY

2.1 In order to ensure effective implementation of the programme, successful Tenderers (contractors) are required to, immediately after the award of a contract that is in excess of R10 million (ten million Rands), submit details of such a contract to the DTI for reporting purposes.

2.2 The purpose for reporting details of contracts in excess of the amount of R10 million (ten million Rands) is to cater for multiple contracts for the same goods, works or services; renewable contracts and multiple suppliers for the same goods, works or services under the same contract as provided for in paragraphs 1.1(b) to 1.1(d) above.

3 TENDER SUBMISSIONS AND CONTRACT REPORTING REQUIREMENTS OF TENDERERS AND SUCCESSFUL TENDERERS (CONTRACTORS)

3.1 Tenderers are required to sign and submit this Standard Tendering Document (SBD 5) together with the Tender on the closing date and time.

3.2 In order to accommodate multiple contracts for the same goods, works or services; renewable contracts and multiple suppliers for the same goods, works or services under the same contract as indicated in sub-paragraphs 1.1(b) to 1.1(d) above and to enable the DTI in determining the NIP obligation, successful Tenderers (contractors) are required, immediately after being officially notified about any successful Tender with a value in excess of R10 million (ten million Rands), to contact and furnish the DTI with the following information:

(a) Tender / contract number.

(b) Description of the goods, works or services.

(c) Date on which the contract was accepted.

(d) Name, address and contact details of the government institution.

(e) Value of the contract.

(f) Imported content of the contract, if possible.

3.3 The information required in paragraph 3.2 above must be sent to the Department of Trade and Industry, Private Bag X 84, Pretoria, 0001 for the attention of Mr Elias Malapane within five (5) working days after award of the contract. Mr Malapane may be contacted on telephone (012) 394 1401, facsimile (012) 394 2401 or e-mail at [email protected] for further details about the programme.

4 PROCESSES TO SATISFY THE NIP OBLIGATION

4.1 Once the successful Tenderer (contractor) has made contact with and furnished the DTI with the information required, the following steps will be followed:

(a) the contractor and the DTI will determine the NIP obligation;

(b) the contractor and the DTI will sign the NIP obligation agreement;

(c) the contractor will submit a performance guarantee to the DTI;

(d) the contractor will submit a business concept for consideration and approval by the DTI;


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(e) upon approval of the business concept by the DTI, the contractor will submit detailed business plans outlining the business concepts;

(f) the contractor will implement the business plans; and

(g) the contractor will submit bi-annual progress reports on approved plans to the DTI.

4.2 The NIP obligation agreement is between the DTI and the successful Tenderer (contractor) and, therefore, does not involve the purchasing institution.

Tender number: ........................................................................................................................

Closing date: ............................................................................................................................

Name of Tenderer: ...................................................................................................................

Postal address .........................................................................................................................

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

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

Signature ............................................ Name (in print) .................................................

Date ............................................

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FORM A15 DECLARATION FOR PROCUREMENT ABOVE R10 MILLION (ALL APPLICABLE TAXES INCLUDED) (MBD 5)

For all procurement expected to exceed R10 million (all applicable taxes included), Tenderers must complete the following questionnaire. Note that audited financial statements are to be appended to this form should the contract value exceed R10 million.

1. Are you by law required to prepare annual financial statements for auditing?

1.1 If yes, submit audited annual financial statements for the past three years or since the date of establishment if established during the past three years.

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

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

2. Do you have any outstanding undisputed commitments for municipal services towards any Municipality for more than three months or any other service provider in respect of which payment is overdue for more than 30 days?

2.1 If no, this serves to certify that the Tenderer has no undisputed commitments for municipal services towards any municipality for more than three months or other service provider in respect of which payment is overdue for more than 30 days.

2.2 If yes, provide particulars.

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

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

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

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

* Delete if not applicable

3. Has any contract been awarded to you by an organ of state during the past five years, including particulars of any material non-compliance or dispute concerning the execution of such contract? *YES/NO

3.1 If yes, furnish particulars:

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

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

4. Will any portion of goods or services be sourced from outside the Republic, and, if so, what portion and whether any portion of payment from the municipality / municipal entity is expected to be transferred out of the Republic? *YES/NO

4.1 If yes, furnish particulars:

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

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

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CERTIFICATION

I, THE UNDERSIGNED (NAME)

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

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS CORRECT.

I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

................................................................... ........................................................................ Signature Date


83

FORM A16 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017 (MBD 6.1)

This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution

NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017.

1 GENERAL CONDITIONS

1.1 The following preference point systems are applicable to all bids:

(a) the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included); and

(b) the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included).

1.2

(a) The value of this bid is estimated to exceed R50 000 000 (all applicable taxes included) and therefore the 90/10 preference point system shall be applicable; or

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 90

B-BBEE STATUS LEVEL OF CONTRIBUTOR 10

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 the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed. The Broad-Based Black Economic Empowerment status level certificate or certified copy thereof, issued by a registered verification agency in accordance with the Preferential Procurement Policy Framework Act, 2000 ; Preferential Procurement Regulations, 2017, is to be included in the tender and placed following the last page of this form (Form

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A18). Joint ventures/consortiums will qualify for preference points, provided that the entity submits the relevant certificate/score card in terms of Preferential Procurement Regulations, 2017. Note that in the case of unincorporated entities, a verified score card must be submitted with the Tender.

1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.

2 DEFINITIONS

2.1 “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act;

2.2 “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

2.3 “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of goods or services, through price quotations, advertised competitive bidding processes or proposals;

2.4 “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);

2.5 “EME” means an Exempted Micro Enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

2.6 “functionality” means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents.

2.7 “prices” includes all applicable taxes less all unconditional discounts;

2.8 “proof of B-BBEE status level of contributor” means:

(a) B-BBEE Status level certificate issued by an authorized body or person;

(b) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice;

(c) Any other requirement prescribed in terms of the B-BBEE Act;

2.9 “QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

2.10 “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes all applicable taxes;

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3 POINTS AWARDED FOR PRICE

3.1 THE 90/10 PREFERENCE POINT SYSTEMS

A maximum of 90 points is allocated for price on the following basis:

90/10

𝑃𝑠 = 90 (1 − 𝑃𝑡 − 𝑃𝑚𝑖𝑛

𝑃𝑚𝑖𝑛)

Where

Ps = Points scored for price of bid under consideration

Pt = Price of bid under consideration

Pmin = Price of lowest acceptable bid

4 POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR

4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:

B-BBEE Status Level of Contributor

Number of points (90/10 system)

Points Claimed by Tenderer

1 10

2 9

3 6

4 5

5 4

6 3

7 2

8 1

Non-compliant contributor 0

5 BID DECLARATION

5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:

6 B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 4.1

6.1 B-BBEE Status Level of Contributor: = (maximum of 10 or 20 points)

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(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of contributor.

7 SUB-CONTRACTING

7.1 Will any portion of the contract be sub-contracted?

(Tick applicable box)

YES NO

7.1.1 If yes, indicate:

(a) What percentage of the contract will be subcontracted .................................. %

(b) The name of the sub-contractor .........................................................................

(c) The B-BBEE status level of the sub-contractor ..................................................

(d) Whether the sub-contractor is an EME or QSE

(Tick applicable box)

YES NO

(e) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of Preferential Procurement Regulations,2017:

Designated Group: An EME or QSE which is at last 51% owned by:

EME √

QSE √

Black people

Black people who are youth

Black people who are women

Black people with disabilities

Black people living in rural or underdeveloped areas or townships

Cooperative owned by black people

Black people who are military veterans

OR

Any EME

Any QSE

8 DECLARATION WITH REGARD TO COMPANY/FIRM

8.1 Name of company/firm: ..............................................................................................

8.2 VAT registration number: ...........................................................................................

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8.3 Company registration number: ...................................................................................

8.4 TYPE OF COMPANY/ FIRM

Partnership/Joint Venture/Consortium

One person business/sole propriety

Close corporation

Company

(Pty) Limited

[TICK APPLICABLE BOX]

8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

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

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

8.6 COMPANY CLASSIFICATION

Manufacturer

Supplier

Professional service provider

Other 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 that the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that:

(a) The information furnished is true and correct;

(b) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form;

(c) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;

88

(d) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –

(i) disqualify the person from the bidding process;

(ii) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct;

(iii) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation;

(iv) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and

(v) forward the matter for criminal prosecution.

WITNESSES

1. ..............................................................

2. ..............................................................

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

SIGNATURE(S) OF BIDDER(S)

DATE: ............................................

ADDRESS: ............................................

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

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

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

89

FORM A17 DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT (MBD 6.2)

This Municipal Bidding Document (MBD) must form part of all bids invited. It contains general information and serves as a declaration form for local content (local production and local content are used interchangeably).

Before completing this declaration, bidders must study the General Conditions, Definitions, Directives applicable in respect of Local Content as prescribed in the Preferential Procurement Regulations, 2017, the South African Bureau of Standards (SABS) approved technical specification number SATS 1286:2011 (Edition 1) and the Guidance on the Calculation of Local Content together with the Local Content Declaration Templates [Annex C (Local Content Declaration: Summary Schedule), D (Imported Content Declaration: Supporting Schedule to Annex C) and E (Local Content Declaration: Supporting Schedule to Annex C)]..

1 General Conditions

1.1 Preferential Procurement Regulations, 2017 (Regulation 8) make provision for the promotion of local production and content.

1.2 Regulation 8.(2) prescribes that in the case of designated sectors, organs of state must advertise such tenders with the specific bidding condition that only locally produced or manufactured goods, with a stipulated minimum threshold for local production and content will be considered.

1.3 Where necessary, for tenders referred to in paragraph 1.2 above, a two stage bidding process may be followed, where the first stage involves a minimum threshold for local production and content and the second stage price and B-BBEE.

1.4 A person awarded a contract in relation to a designated sector, may not sub-contract in such a manner that the local production and content of the overall value of the contract is reduced to below the stipulated minimum threshold.

1.5 The local content (LC) as a percentage of the Tender price must be calculated in accordance with the SABS approved technical specification number SATS 1286: 2011 as follows:

LC = 1 − (x

y) × 100

Where:

x = imported content

y = Tender price excluding value added tax (VAT)

Prices referred to in the determination of x must be converted to Rand (ZAR) by using the exchange rate published by South African Reserve Bank (SARB) at 12:00 on the date of advertisement of the bid as indicated in paragraph 4.1 below.

The SABS approved technical specification number SATS 1286:2011 is accessible on http:/www.thedti.gov.za/industrial development/ip.jsp at no cost.

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1.6 A bid may be disqualified if this Declaration Certificate and the Annex C (Local Content Declaration: Summary Schedule) are not submitted as part of the bid documentation.

2 The stipulated minimum threshold(s) for local production and content for this Tender is/are as follows:

Description of services, works or goods Stipulated minimum threshold

______________________________ _______%

_______________________________ _______%

_______________________________ _______%

3 Does any portion of the services, works or goods offered have any imported content? YES/NO

3.1 If yes, the rate(s) of exchange to be used in this bid to calculate the local content as prescribed in paragraph 1.5 of the general conditions must be the rate(s) published by SARB for the specific currency at 12:00 on the date of advertisement of the bid.

The relevant rates of exchange information is accessible on www.reservebank.co.za

Indicate the rate(s) of exchange against the appropriate currency in the table below: (refer to Annex A of SATS 1286:2011):

Currency Rates of exchange

US Dollar

Pound Sterling

Euro

Yen

Other

NB: Tenderers must submit proof of the SARB rate (s) of exchange used.

Where, after the award of a bid, challenges are experienced in meeting the stipulated minimum threshold for local content the dti must be informed accordingly in order for the dti to verify and in consultation with the AO/AA provide directives in this regard.

http://www.reservebank.co.za/

91

LOCAL CONTENT DECLARATION (REFER TO ANNEX B OF SATS 1286:2011)

LOCAL CONTENT DECLARATION BY CHIEF FINANCIAL OFFICER OR OTHER LEGALLY RESPONSIBLE PERSON NOMINATED IN WRITING BY THE CHIEF

EXECUTIVE OR SENIOR MEMBER/PERSON WITH MANAGEMENT RESPONSIBILITY (CLOSE CORPORATION, PARTNERSHIP OR INDIVIDUAL)

IN RESPECT OF TENDER No. ...............................................................................................

ISSUED BY: (Procurement Authority / Name of Municipality / Municipal Entity):

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

1. The obligation to complete, duly sign and submit this declaration cannot be transferred to an external authorized representative, auditor or any other third party acting on behalf of the bidder.

2. Guidance on the Calculation of Local Content together with Local Content Declaration Templates (Annex C, D and E) is accessible on http://www.thdti.gov.za/industrial development/ip.jsp. Bidders should first complete Declaration D. After completing Declaration D, bidders should complete Declaration E and then consolidate the information on Declaration C. Declaration C should be submitted with the bid documentation at the closing date and time of the bid in order to substantiate the declaration made in paragraph (c) below. Declarations D and E should be kept by the bidders for verification purposes for a period of at least 5 years. The successful bidder is required to continuously update Declarations C, D and E with the actual values for the duration of the contract.

I, the undersigned, .............................................................................................. (full names),

do hereby declare, in my capacity as

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

of ............................................................................. (name of Tenderer entity), the following:

(a) The facts contained herein are within my own personal knowledge.

(b) I have satisfied myself that the goods/services/works to be delivered in terms of the above-specified Tender comply with the minimum local content requirements as specified in the Tender, and as measured in terms of SATS 1286:2011; and.

(c) The local content percentage (%) indicated below has been calculated using the formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in paragraph 4.1 above and the information contained in Declaration D and E which has been consolidated in Declaration C:

Tender price, excluding VAT (y) R

Imported content (x) R

Stipulated minimum threshold for Local content (paragraph 3 above)

Local content % as calculated in terms of SATS 1286

92

If the bid is for more than one product, the local content percentages for each product

contained in Declaration C shall be used instead of the table above.

The local content percentages for each product has been calculated using the formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in paragraph 4.1 above and the information contained in Declaration D and E.

(a) I accept that the Procurement Authority/Municipality/Municipal Entity has the right to request that the local content be verified in terms of the requirements of SATS 1286:2011.

(b) I understand that the awarding of the bid is dependent on the accuracy of the information furnished in this application. I also understand that the submission of incorrect data, or data that are not verifiable as described in SATS 1286:2011, may result in the Procurement Authority / Institution imposing any or all of the remedies as provided for in Regulation 14 of the Preferential Procurement Regulations, 2017) promulgated under the Preferential Policy Framework Act (PPPFA), 2000 (Act No. 5 of 2000).

SIGNATURE: ............................................ DATE: .................................................

WITNESS No. 1 ......................................... DATE: .................................................

WITNESS No. 2 ......................................... DATE: .................................................

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FORM A18 CERTIFICATE OF INDEPENDENT TENDER DETERMINATION (MBD 9)

1. This Municipal Tendering Document (MBD) must form part of all Tenders¹ 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 Tendering (or Tender rigging).² Collusive Tendering is a pe se prohibition meaning that it cannot be justified under any grounds.

3. Municipal Supply Regulation 38(1) prescribes that a supply chain management policy must provide measures for the combating of abuse of the supply chain management system, and must enable the accounting officer, among others, to:

(a) take all reasonable steps to prevent such abuse;

(b) reject the Tender of any Tenderer if that Tenderer or any of its directors has abused the supply chain management system of the municipality or municipal entity or has committed any improper conduct in relation to such system; and

(c) cancel a contract awarded to a person if the person committed any corrupt or fraudulent act during the Tendering 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 Tenders are considered, reasonable steps are taken to prevent any form of Tender-rigging.

5. In order to give effect to the above, the attached Certificate of Tender Determination (MBD 9) must be completed and submitted with the Tender:

¹ Includes price quotations, advertised competitive Tenders, limited Tenders and proposals.

² Tender rigging (or collusive Tendering) 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 Tendering process. Tender rigging is, therefore, an agreement between competitors not to compete.

I, the undersigned, in submitting the accompanying Tender:

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

........................................................................................... (Tender Number and Description)

in response to the invitation for the Tender made by:

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

................................................................................. (Name of Municipality / Municipal Entity)

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do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of:

.................................................................................................................. (Name of Tenderer)

that:

1. I have read, and I understand the contents of this Certificate;

2. I understand that the accompanying Tender will be disqualified if this Certificate is found not to be true and complete in every respect;

3. I am authorized by the Tenderer to sign this Certificate, and to submit the accompanying Tender, on behalf of the Tenderer;

4. Each person whose signature appears on the accompanying Tender has been authorized by the Tenderer to determine the terms of, and to sign, the Tender, on behalf of the Tenderer;

5. For the purposes of this Certificate and the accompanying Tender, I understand that the word “competitor” shall include any individual or organization, other than the Tenderer, whether or not affiliated with the Tenderer, who:

(a) has been requested to submit a Tender in response to this Tender invitation;

(b) could potentially submit a Tender in response to this Tender invitation, based on their qualifications, abilities or experience; and

(c) provides the same goods and services as the Tenderer and/or is in the same line of business as the Tenderer

6. The Tenderer has arrived at the accompanying Tender independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium³ will not be construed as collusive Tendering.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding:

(a) prices;

(b) geographical area where product or service will be rendered (market allocation)

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit, a Tender;

(e) the submission of a Tender which does not meet the specifications and conditions of the Tender; or

(f) with the intention not to win the Tender.

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 Tender invitation relates.

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9. The terms of the accompanying Tender have not been, and will not be, disclosed by the Tenderer, directly or indirectly, to any competitor, prior to the date and time of the official Tender opening or of the awarding of the contract.

³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to Tenders and contracts, Tenders 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


96

FORM A19 COMPLIANCE WITH OHSA (ACT 85 OF 1993)

Tenderers are required to satisfy the Employer and the Engineer as to their ability and available resources to comply with the above by answering the following questions and providing the relevant information required below.

1. Is the Contractor familiar with the OHSA (ACT 85 of 1993) and its Regulations?

YES / NO

2. Who will prepare the Contractor’s Health and Safety Plan? (Provide a copy of the person/s curriculum vitae/s or company profile).

YES / NO

3. Does the Contractor have a health and safety policy? (If yes, provide a copy). How is this policy communicated to all employees?

YES / NO

4. Does the Contractor keep records of safety aspects of each construction site? If yes, what records are kept?

YES / NO

5. Does the Contractor conduct monthly safety meetings? If yes, who is the chairperson of the meeting, and who attend these meetings?

YES / NO

6. Does the Contractor have a safety officer in his employment, responsible for the overall safety of his company? If yes, please explain his duties and provide a copy of his CV.

YES / NO

7. Does the Contractor have trained first aid employees? If yes, indicate, who.

YES / NO

8. Does the Contractor have a safety induction-training programme in place? (If yes, provide a copy)

YES / NO

Signature of Tenderer: ............................... Date: .................................................

97

FORM A20 COID LETTER OF GOOD STANDING

Attach the relevant document to this page

98

FORM A21 CSD REGISTRATION

Attach the relevant document to this page

99

FORM A22 EMPLOYEMENT GOALS

The Tenderer must complete the table below to reflect the labour force anticipated to be employed on this contract, including labour employed by sub-contractors.

The specified target value for salary spend on Local labour is 2% of the Contract Price.

Type of Labour Source of

Labour Man-Hours

Minimum Wage Rate per Unit

Total Wage Cost (Excl.

VAT)

Permanent Labour

Local

Temporary Labour

Local

Subcontractor Labour

Local

SUBTOTAL LOCAL LABOUR

PERCENTAGE (Subtotal of Local Labour divided by Contract Price)

Permanent Labour

Non-Local

Temporary Labour

Non-Local

Subcontractor Labour

Non-Local

SUBTOTAL NON-LOCAL LABOUR

TOTAL ALL LABOUR

PERCENTAGE (Total of All Labour divided by Contract Price)

Notes to Tenderer:

1. Labour is defined as hourly paid personnel.

2. “Local” is defined in the Socio-Economic Development Particular Specification in C3.3.

3. A penalty, as per the Socio-Economic Development Particular Specification in C3.3 will be applied for non-compliance during the contact.

4. The minimum wage rate is R191.60 as per the EPWP Particular Specification in C3.3

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

100

FORM A23 SUB-CONTRACTING AND SUPPLIERS GOALS

Actual procured spend on sub-contractors and supplier must meet the following targets (as per SED Particular Specification):

• ≥5% of the Contract Price on Black-owned QSE/EMEs located within the Project Area; and

• ≥15% of the Contract Price on Black-owned QSE/EMEs located within the Municipal Area; and

• ≥30% of the Contract Price on EMEs and QSEs.

Target values of work to be executed by and goods & services to be procured from Black-owned QSEs and/or Black-Owned EMEs shall be 30% of the Contract Price.

10% of the Contract Price shall be procured from Local Suppliers as per the SED Specification. Tenderers are required to indicate the Project Area and Municipal Area Local companies in the table below by including “(Project Arealocal)” or “(Municipal Area)” after the name of the Subcontractor/Supplier.

Local QSE/EME Spend

Name of Sub-contractor or

Supplier (QSE/EME)

Item Description/ Goods & Services to be provided

Value

Rands (Excl VAT)

% of Tender Price (Excl VAT)

Local Subtotal [1]

Municipal QSE/EME Spend

Name of Sub-contractor or

Supplier (QSE/EME)

Item Description/ Goods & Services to be provided

Value

Rands (Excl VAT)

% of Tender Price (Excl VAT)

Municipal Subtotal [2]

TOTAL [3] = [1] + [2]

101

The Total [3] above must meet the minimums stipulated in the SED Specification.

Notes to tenderer:

1. Tenderers shall insert “unknown” if a supplier or sub-contractor has not been selected prior to tender closing date.

2. A penalty, as per Section the Socio-Economic Development Particular Specification in C3.3 , will be applied for non-compliance during the Contract.

3. At tender stage tenderers do not necessarily have to include the name of the nominated sub-contractor but the tenderers are expected to include the work packages that are to be sub-contracted.

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

102

FORM A24 EMPLOYMENT OF BLACK-OWNED QSEs AND BLACK-OWNED EMEs DECLARATION AFFIDAVIT

It is understood and agreed that should this contract be awarded to me, a Declaration Affidavit declaring that sub-contractors or suppliers are a Black-owned QSE or EME will be completed by each and every Black-owned QSE and EME employed by me on this contract and will be submitted to the Employer immediately upon demand by the Employer.


103

FORM A25 TRAINING

The schedule below is to indicate the type of training that will be offered to the EPWP Labour during the duration of the contract. This is an indication at Tender stage and will be confirmed with the Employer after award.

Name of Training Institution: ....................................................................................................

Name of Programme: ..............................................................................................................

Trainer’s Name Qualification Subject

Notes to tenderer:

Provide details here, or attach hereto, the subjects to be covered and the manner in which the training is to be delivered.


104

FORM A26 ENGINEERING STUDENT TRAINING

The schedule below is to indicate the type of training that will be offered to the engineering students during the duration of the contract. This is an indication at Tender stage and will be confirmed with the Employer after award.

Name of Training Institution: ....................................................................................................

Name of Programme: ..............................................................................................................

Trainer’s Name Qualification Subject

Notes to tenderer:

4. 1. Provide details here, or attach hereto, the subjects to be covered and the manner in which the training is to be delivered.

5. 2. Provision should also include on-job student / (in-service) training for the duration of the construction at a monthly stipend of R4 500.00 as provided for by a Provisional Sum in the BoQ.


105

FORM A27 DECLARATION OF INVESTIGATIONS

The Tenderer is required to disclose all inspections, investigations and their outcomes conducted by the Department of Labour into the conduct of the Tenderer at a time during the 36 months preceding the date of this Tender. The disclosure is to be attached to this form.

106

FORM A28 STRUCTURE OF TENDERING ENTITY

With reference to Annexure A: Supply Chain Management Evaluation Process and Criteria Clause 1.1 (k), attach tendering entity structure to this page along with the CIDB registration documentation of the mechanical and electrical subcontractors.

107

FORM A29 COMPETENCE OF SUPERVISORY STAFF

The tenderer must submit to the Employer, names of all management and supervisory staff that will be employed to supervise the labour-intensive portion of the works together with satisfactory evidence that such staff members satisfy the eligibility requirements as per the EPWP Particular Specification in C3.3, Labour intensive competencies of supervisory and management staff and Clause 4.1.1 of the Tender Data.

108

FORM AF1 GENERAL CONSTRUCTION EXPERIENCE

ANY CIVILS CONTRACT (ONLY PROJECTS COMPLETED BETWEEN 1 JAN 2005 TO 31 DEC 2019 ARE ELIGIBLE)

The Tenderer shall provide a statement of similar work successfully executed by themselves. This is to be substantiated by Completion Certificates in order to qualify for functional evaluation points.

Net present value incl VAT of four (4) largest contracts completed in Southern Africa.

Project Name Client Project Description Contract Value (NPV incl. VAT)1 Project Dates

Notes:

1. Net present value including VAT. Historical project costs are to be escalated to 2020 at an annual rate of 5%.

109

FORM AF2 SPECIFIC CONSTRUCTION EXPERIENCE: WASTEWATER TREATMENT WORKS

The Tenderer shall provide a statement of similar work successfully executed by themselves. This is to be substantiated by Completion Certificate in order to qualify for functional evaluation points.

Treatment capacity of three (3) largest WWTW contracts completed (must include responsibility for integrating construction of civil, structural, mechanical, electrical, and C&I elements). Upgrade contracts are only valid with respect to the treatment capacity of the modular capacity added, not the overall capacity of the WWTW. Rehabilitation contracts are only valid if they include upgrade or rehabilitation of all disciplines (civil, structural, mechanical, electrical, and C&I elements) related to the treatment capacity, and apply only with respect to the treatment capacity refurbished. An allowance is made for one (1) out of the three (3) WWTW contracts in this criterion to be substituted by a Water Treatment Works (WTW) contract.

Project Name Client Project Description Treatment Capacity (Mℓ/d) Project Dates

110

FORM AF3 SPECIFIC MECHANICAL SUB-CONTRACTOR CONSTRUCTION EXPERIENCE: TREATMENT WORKS AND PUMP STATIONS)

ANY TREATMENT WORKS (WASTEWATER OR WATER) AND/OR PUMP STATION CONTRACT (only contracts completed between 1 Jan 2005 to 31 Dec 2019 are eligible)

The Tenderer shall provide a statement of similar work successfully executed by their proposed Mechanical Subcontractor. This is to be substantiated by Completion Certificates in order to qualify for functional evaluation points.

Net present value incl VAT of the three largest eligible contracts completed in Southern Africa.


Notes:


111

FORM AF4 SPECIFIC ELECTRICAL SUBCONTRACTOR CONSTRUCTION EXPERIENCE: TREATMENT WORKS AND PUMP STATIONS)

ANY TREATMENT WORKS (WASTEWATER OR WATER) AND/OR PUMP STATION CONTRACT (only contracts completed between 1 Jan 2005 to 31 Dec 2019 are eligible)

The Tenderer shall provide a statement of similar work successfully executed by their proposed Electrical Subcontractor. This is to be substantiated by Completion Certificates in order to qualify for functional evaluation points.

Net present value incl VAT of the three largest eligible contracts completed in Southern Africa.


Notes:


112

FORM AF5 AVAILABLE PLANT AND EQUIPMENT

Points awarded for ownership of relevant Plant and Equipment as per list below. Half points awarded for signed hire/lease agreements for this Tender.

(A) Plant and

Equipment Required

Range

Points Allocation per plant

item

(B) No. of Plant

Scored (Minimum Plant required)

(C) Tenderer’s Own Plant

(D) Tenderer’s Plant Hire

Tipper Truck ≥ 6m3

Crane ≥ 30 ton

Excavator ≥ 30 ton

TLB Min 4X4

Front End Loader Wheel

Loader ≥ 4m3

Attach proof of ownership or hire/lease hereto to be eligible to score points.

113

FORM AF6 ORIGINAL BANK RATING LETTER / FINANCIAL INFORMATION OF TENDERER

This information sheet has to be filled in by the financier of the Tenderer, duly signed and stamped on behalf of the financial institution he represents.

Tenderer Details

Tender Description : ..........................................................................................

Contract Period : ..........................................................................................

Name of Tenderer : ..........................................................................................

Bank Account Number : ..........................................................................................

Tendered Amount : ..........................................................................................

Demand Guarantee will be provided by this Bank: YES □ NO □

If yes, state amount of Demand Guarantee:

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

Financial Institution

Name of Commercial Bank : ..........................................................................................

Branch : ..........................................................................................

Name of Bank Manager : ..........................................................................................

Telephone Number : ..........................................................................................

I / We acting on behalf of the above Commercial Bank confirm that

............................................................................................................................... (Tenderer)

has operated an account with us for the last ..................... years.

We have been requested to provide a bank rating based in relation to the financial capability of the Tenderer, taking into account directives set out in the following two tables.

Financial Capability

Maximum value of contract that the Tenderer is considered capable of

Value on which Bank Rating must be used

up to R300 000 R24 000

R1 000 000 R78 000

114

Financial Capability

Maximum value of contract that the Tenderer is considered capable of

Value on which Bank Rating must be used

R3 000 000 R240 000

R5 000 000 R480 000

R10 000 000 R900 000

R30 000 000 R2 400 000

R100 000 000 R7 800 000

BANK RATING

Bank Code Description of Bank Code

A Undoubted for the amount of enquiry

B Good for the amount of enquiry

C Good for the amount quoted if strictly in the way of business

D Fair trade risk for amount of enquiry

E Figures considered too high

F Financial position unknown

G Occasional dishonours

H Frequent dishonours

The value on which our Bank Rating of the Tenderer is based is:

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

(In words .................................................................................................................................

........................................................................................................................................ only)

The Bank Rating is code:

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

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

Attach the bank rating letter to this page.

115

FORM AF7 KEY STAFF

Provide CVs and Qualifications where applicable for each of the candidates as required and attach to this cover sheet.

116

FORM AF8 PROGRAMME

Provide Programme and attach to this page.

117

FORM AT0 TECHNICAL DATASHEETS – INTRODUCTION

1. INTRODUCTION

1.1. The Tenderer is required to submit with his Tender by way of the Schedules in Forms

AT1-AT2, technical information and details relating to the electrical, electronic and

mechanical Plant as listed therein.

1.2. The information provided in the Schedules in Forms AT1-AT2, apart from providing

material information that will be used in the Contract, is material to the Tender

evaluation and to the assessment of the final technical acceptability of the Tender and

the competence of the Tenderer and his specialist suppliers and/or subcontractors.

1.3. The Tenderer shall submit two full sets of Mechanical Datasheets, one for each

Mechanical Subcontractor (i.e. 2 x Form AT1), and two full sets of Electrical Datasheets,

one for each Electrical Subcontractor (i.e. 2 x Form AT2), as required by Clause 4.12

of the Tender Data.

1.4. Furthermore, two Technical Schedules must be provided by each subcontractor for

the following equipment items, as required by Clause 4.12 of the Tender Data:

a) aeration systems, incorporating the required blowers;

b) belt presses;

c) anaerobic sludge digester mixers;

d) screens; and

e) mixers.

1.5. Should the space available on any of the Schedules be inadequate, the Tenderer shall

append such supplementary sheets as he deems necessary to comply with the Tender

requirements together with any specific product data sheets in support of the

information summarised in the Schedules. Each supplementary sheet shall display

“Contract No. PM91/2019” and shall be properly cross-referenced and firmly appended

to the relevant Schedule, or otherwise included, such that they will not inadvertently be

detached from the Tender. A complete contents list of all supplementary sheets,

including those that may be attached to the Schedule, shall be provided by the

Tenderer. References given are for guidance only and not necessarily exclusive of other

pertinent information in the Tender Documents. Each page of each Schedule, including

any supplementary sheets, shall be signed by the Tenderer.

1.6. These Schedules are available in MS Word (Office 2007) format with limited access.

1.7. As detailed in the Conditions of Tender 4.12, the Tenderer is required to elicit proposals

from two separate mechanical subcontractors and two separate electrical

subcontractors, for inclusion in the Tenderer’s Tender. Thus two full and complete sets

of mechanical datasheets (Form AT1; one set from each mechanical subcontractor),

and two full and complete sets of electrical datasheets (Form AT2; one set from each

118

electrical subcontractor), are required to be submitted with the Tender, all clearly

marked as to which mechanical or electrical subcontractor they relate to.

119

FORM AT1 MECHANICAL DATASHEETS

1. INTRODUCTION

a) Only Plant based on proven technology and of high reliability shall be considered for use.

b) All Schedules shall be fully completed in block letters using a black pen or typing. Failure to complete all relevant sections may result in the Tender being rejected and/or disqualified, as per the evaluation procedure in Part T1.3 [Tender Data].

c) Preference shall be given to locally manufactured Plant and components. Should items not be locally manufactured, Tenderers shall clearly identify these in their Tender.

d) Tenderers shall ensure that they are fully acquainted with the contents of the Mechanical Specifications.

e) The Contractor shall indicate, at tender stage, all variations from the Specification.

f) The Corrosion Protection Systems offered shall be clearly identified by the Tenderers.

g) The costs for quality control shall be included in the tendered rates.

h) Tenderers shall ensure that the proposed Plant will fit into the spaces provided prior to submission of the Tender. Any alteration required for specific Plant shall be submitted with the Tender. If no information is received with the Tender, it will be assumed that the building, space or panel will accommodate the Plant offered.

i) All Schedules concerning Plant incorporating proprietary brand products or units, shall be fully supplemented by the inclusion of applicable brochures, pamphlets, additional explanatory specifications, descriptions or notes in that order of availability and shall be submitted with the bid in a covering letter and bound separately.

j) The Tenderer shall complete the Schedules giving details of suppliers of Plant.

k) Where Tenderers wish to bring special characteristics of Plant offered to the attention of the Engineer, Tenderers shall supply descriptive literature and brochures to supplement information in the Schedules.

l) Where the Specification calls for specific makes and types of Plant, the Tendered prices shall be based on such Plant.

m) The Tenderer shall confirm that the materials specified are suitable for the water quality, both in terms of chemical analysis and sediment content. If unable to provide this written assurance, the Tenderer shall confirm this and propose possible alternative materials and supply details in a letter accompanying his Tender.

n) In order to avoid expiry of the guarantee while Plant are still in storage prior to installation, the Employer will request the reinstatement of the guarantee at final commissioning of the plant. Tenderers are to make allowance within the Tender sum for the cost of reinstating the guarantee as per original Tender. No additional payment for such reinstatement will be made.

o) To promote reinstatement, the Tenderer shall, together with his offer, provide the requirements for storage of the plant, prior to installation, in order for him to honour the implementation of the guarantee at a later stage.

p) The Tenderer shall be deemed to have taken into account, inter alia, all of the operating requirements and physical conditions in preparing his Tender in addition to the operating and climatic conditions prevailing at the Site as set out in the Scope of Works in Part C3.1. Evidence satisfactory to the Engineer shall be provided that the designs offered

120

will meet the design and operating criteria given in the following sections/paragraphs over the design life of the project (20 years).

q) The Tenderer must immediately bring any discrepancies or misunderstandings, which may cause any doubts, regarding the requirements of the tender documents to the attention of the Engineer. No claims due to any discrepancies or misunderstandings will be valid after the Tender closing date.

121

FORM AT2 ELECTRICAL DATASHEETS

1. INTRODUCTION

a) Only Plant based on proven technology and of high reliability shall be considered for use.

b) All Schedules shall be fully completed in block letters using a black pen or typing. Failure to complete all relevant sections may result in the Tender being rejected and/or disqualified.

c) Preference shall be given to locally manufactured plant and components. Should items not be locally manufactured, Tenderers shall clearly identify these in their Tender.

d) Tenderers shall ensure that they are fully acquainted with the contents of the Electrical Specifications. The Contractor shall indicate, at tender stage, all variations from the Specification.

e) Tenderers shall ensure that the proposed Plant will fit into the spaces provided prior to submission of the Tender. Any alteration required for specific Plant shall be submitted with the Tender. If no information is received with the Tender, it will be assumed that the building, space or panel will accommodate the Plant offered.

f) All Schedules concerning Plant incorporating proprietary brand products or units, shall be fully supplemented by the inclusion of applicable brochures, pamphlets, additional explanatory specifications, descriptions or notes in that order of availability and shall be submitted with the bid in a covering letter and bound separately.

g) The Tenderer shall complete the Schedules giving details of suppliers of Plant.

h) Where Tenderers wish to bring special characteristics of Plant offered to the attention of the Engineer, Tenderers shall supply descriptive literature and brochures to supplement information in the Technical Data Sheets.

i) Where the Specification calls for specific makes and types of Plant, the Tendered prices shall be based on such Plant.

122

THE CONTRACT

PART C1 AGREEMENTS AND CONTRACT DATA .................................................... 122

PART C2 PRICING DATA ........................................................................................... 180

PART C3 SPECIFICATION ......................................................................................... 186

PART C4 SITE INFORMATION ................................................................................... 201

PART C5 ANNEXURES .............................................................................................. 205

123

PART C1 AGREEMENTS AND CONTRACT DATA

C1.1 FORM OF OFFER AND ACCEPTANCE (AGREEMENT) ..................................... 124

C1.2 CONDITIONS OF CONTRACT ............................................................................. 135

C1.3 PERFORMANCE GUARANTEE ........................................................................... 165

C1.4 RETENTION MONEY GUARANTEE (NOT APPLICABLE) ................................... 168

C1.5 AGREEMENT IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH AND SAFETY ACT NO 85 OF 1993 ..................................................................... 169

C1.6 DISPUTE AVOIDANCE/ADJUDICATION BOARD AGREEMENT ........................ 178

124

C1.1 FORM OF OFFER AND ACCEPTANCE (AGREEMENT)

C1.1.1 FORM C1: LETTER OF TENDER (OFFER)

NAME OF CONTRACT: POLOKWANE REGIONAL WASTEWATER TREATMENT WORKS PHASE 2B – CIVIL, MECHANICAL AND ELECTRICAL WORKS (MULTI-YEAR PROJECT)

TO: Municipal Manager Polokwane Municipality, Civic Centre, corner, Bondenstein and Landdros Mare Street Polokwane South Africa

Sir

We have examined the Conditions of Contract, Specification, Drawings, Bill of Quantities and other Schedules, the attached Appendix and Addenda Nos.......................................... for the execution of the above-named Contract. We offer to execute and complete the Works and remedy any defects therein in conformity with this Tender, which includes all of these documents:

1. For the Polokwane Regional Wastewater Treatment Works Phase 2B – Civil, Mechanical and Electrical Works (Multi-year project) for the sum of:

R………………………………………………… (excl VAT) (in figures)

(…………………………………………………………………………………………………………

……………………………………………………………………………………………) (in words)

(From the relevant Tender Sum on the Summary Page in the Bill of Quantities), or such other sum as may be determined in accordance with the Conditions of Contract.

We understand and acknowledge that the Employer will decide during the evaluation of Tenders which mechanical and electrical subcontractors are to be preferred.

We agree to abide by this Tender for the period of 84 days from the date of the submission of Tender and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

If this offer is accepted, we will provide the specified Performance Security, commence the Works as soon as is reasonably practicable after the Commencement Date, and complete the Works in accordance with the above-named documents within the Time for Completion.

In the event of this Tender being withdrawn by us or in the event of our failing to take up the Contract or to provide an approved Performance Security as required in terms of Sub-Clause 4.2 of the Conditions of Contract.

Unless and until a formal Agreement is prepared and executed this Tender together with the Employer's written acceptance thereof, shall constitute a binding contract between us and the Employer, and each of the constituent members of our joint venture shall be jointly and severally bound to the Employer for the performance of the Contract and designate…………..................……………….to act as leader with authority to bind us all. The composition or the constitution of the joint venture shall not be altered without the prior consent of the Employer.

125

We agree that the Laws of the Republic of South Africa shall govern the Contract and we choose domicilium citandi et executandi in South Africa at (full address):

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

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

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

We understand that the Employer is not bound to accept the lowest or any tender received, and that any expense incurred by us in tendering will not be defrayed.

Dated this . . . . . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 . . . .

Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in the capacity of . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duly authorised to sign tenders for and on behalf of . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .

Signature : . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address : . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Telephone Number : . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Facsimile Number : . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Witness 1 : . . . . . . . . . . . . . . . . . . . . . Witness 2 : . . .. . . . . . . . . . . . . . . . . . . .

Address : . . . . . . . . . . . . . . . . . . . . . Address : . . . . . . . . . . . . . . . . . . . . . .

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

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

Occupation : . . . . . . . . . . . . . . . . . . . . . Occupation : . . . . . . . . . . . . . . .

126

C1.1.2 FORM C2: ACCEPTANCE

Name of Contract: ………………………………………………………………………………….

Contract Number: ………………………………………………………………………………….

TO: ………………………………………………………………………………….

Date: ………………………………………………………………………………….

Your Reference: ………………………………………………………………………………….

Our Reference: ………………………………………………………………………………….

By signing this Acceptance, the Employer identified below accepts the Tenderer's Offer as contained in the Letter of Tender. In consideration thereof, the Employer shall pay the Contractor the amount due in accordance with the Conditions of Contract identified in the Contract Data. Acceptance of the Tenderer's Offer shall form an agreement between the Employer and the Tenderer upon the terms and conditions contained in this Agreement and in the Contract that is the subject of this Agreement.

The terms of the Contract are contained in

Part C1 Agreements and Conditions of Contract (which includes this Agreement)

Part C2 Pricing Data

Part C3 Scope of Work

Part C4 Site information

Part C5 Annexures

and drawings and documents or parts thereof, which may be incorporated by reference into Parts C1 to C5 above.

Deviations from and amendments to the documents listed in the Tender Data and any Addenda thereto listed in the Returnable Schedules, as well as any changes to the terms of the Offer agreed by the Tenderer and the Employer during this process of offer and acceptance, are contained in the Schedule of Deviations attached to and forming part of this Agreement. No amendments to or deviations from the said documents are valid unless contained in this Schedule, which must be duly signed by the authorised representative(s) of both parties.

The Tenderer shall within the time required to submit documentation in accordance with Sub-Clause 8.3 of the Conditions of Contract after receiving a completed copy of this Agreement, including the Schedule of Deviations (if any), contact the Engineer (whose details are given in the Contract Data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the Conditions of Contract at, or just after, the date this Agreement comes into effect. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this Agreement.

Notwithstanding anything contained herein, this Agreement comes into effect on the date when the Tenderer receives one fully completed original copy of this document, including the Schedule of Deviations (if any). Unless the Tenderer (now Contractor) within five working days of the date of such receipt notifies the Employer in writing of any reason why he cannot accept the contents of this Agreement, this Agreement shall constitute a binding Contract between the parties.

127

For the Employer:

Signature: ............................................

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

Capacity: ............................................

Name and address of organisation:

……………………………………

……………………………………

……………………………………

……………………………………

Name and signature of witness:

Signature: ............................................

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

Date: …………………………………

128

C1.1.3 FORM C3: SCHEDULE OF DEVIATIONS

Notes:

1. The extent of deviations from the Tender Documents issued by the Employer prior to the Tender closing date is limited to those permitted in terms of the Conditions of Tender.

2. A Tenderer's covering letter shall not be included in the final Contract Document. Should any matter in such letter, which constitutes a deviation as aforesaid, become the subject of agreements reached during the process of offer and acceptance, the outcome of such agreement shall be recorded here.

3. Any other matter arising from the process of offer and acceptance either as a confirmation, clarification or change to the Tender Documents and which is agreed by the Parties becomes an obligation of the Contract and shall also be recorded here.

4. Any change or addition to the Tender Documents arising from the above agreements and recorded here, shall also be incorporated into the final draft of the Contract.

1: Subject ..........................................................................................................................

Details .............................................................................................................................

2: Subject ...........................................................................................................................

Details .............................................................................................................................

3: Subject ...........................................................................................................................

Details .............................................................................................................................

4: Subject ...........................................................................................................................

Details .............................................................................................................................

5: Subject ...........................................................................................................................

Details .............................................................................................................................

6: Subject ...........................................................................................................................

Details .............................................................................................................................

By the duly authorised representatives signing this Schedule of Deviations, the Employer and the Tenderer agree to and accept the foregoing Schedule of Deviations as the only deviations from and amendments to the documents listed in the Tender Data and Addenda thereto as listed in the Tender Schedules, as well as any confirmation, clarification or change to the terms of the offer agreed by the Tenderer and the Employer during this process of offer and acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the Tender Documents and the receipt by the Tenderer of a completed signed copy of this Agreement shall have any meaning or effect in the Contract between the parties arising from this Agreement.

129

FOR THE TENDERER:

Signature: ............................................

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

Capacity: ............................................


……………………………………

……………………………………

……………………………………

……………………………………


Signature: ............................................

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

Date: …………………………………

FOR THE EMPLOYER:

Signature: ............................................

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

Capacity: ............................................


……………………………………

……………………………………

……………………………………

……………………………………


Signature: ............................................

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

Date: …………………………………

130

C1.1.4 FORM C4: CONFIRMATION OF RECEIPT

The Tenderer (now Contractor), identified in the Offer part of this Agreement, hereby confirms receipt from the Employer, identified in the Acceptance part of this Agreement, of one fully completed original copy of this Agreement, including the Schedule of Deviations (if any) today:

The ......................................................... (day)

of ................................. (month) of 20… (year)

at ......................................................... (place)

For the Contractor:

Signature: ............................................

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

Capacity: ............................................


Signature: ............................................

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

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C1.1.5 FORM C5: ADVANCE PAYMENT GUARANTEE

Guarantee No.: ________________________________ [insert guarantee reference number]

The Guarantor: ______________________________________________ [insert name and

address of place of issue, unless indicated in the letterhead]

Name of Contract/Contract No.: ________________________________________________

____________________________________ [insert reference number or other information

identifying the contract between the Applicant and the Beneficiary on which the guarantee is

based]

The Beneficiary (the "Employer"): _______________________________________________

_____________________________________ [insert name and address of the Beneficiary]

We have been informed that___________________________________________________

______________________________________ [insert name and address of the Contractor]

(hereinafter called the "Applicant”) is your Contractor under such Contract and wishes to

receive an advance payment, for which the Contract requires him/her to obtain a guarantee.

At the request of the Applicant, we ___________________ [insert name of Guarantor] hereby

irrevocably undertake to pay you, the Beneficiary/Employer, any sum or sums not exceeding

in total the amount of ________________________________________________________

[insert in figures and words the maximum amount payable and the currency in which it is

payable] (the "Guaranteed Amount") upon receipt by us of your demand in writing and your

written statement that:

a) the Applicant has failed to repay the advance payment in accordance with the

Conditions of Contract, and

b) the amount of the advance payment which the Applicant has failed to repay.

This guarantee shall become effective upon receipt [of the first instalment] of the advance

payment by the Applicant. The Guaranteed Amount shall be reduced by the amounts of the

advance payment repaid to you, as evidenced by interim payment certificates issued under

Sub-Clause 14.6 of the Conditions of Contract. Following receipt of a copy of each interim

payment certificate, we shall promptly notify you of the revised Guaranteed Amount

accordingly.

Any demand for payment must contain your signature(s) which must be authenticated by your

bankers or by a notary public. The authenticated demand and statement must be received by

us at the following office ____________________________________ [insert the address of

office) on or before ______________________________________[insert the date 70 days

after the expected expiry of the Time for Completion] (the "Expiry Date"), when this guarantee

shall expire.

The party liable for the payment of any charges: __________________________________

[insert the name of the party]

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This guarantee shall be governed by the laws of the Republic of South Africa, and shall be

subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication

No. 758.

Signed by: ________________________

(signature)

_________________________________

(name)

Signed by _________________________

(signature)

_________________________________

(name)

Date: ___________________________

133

C1.1.6 FORM C6: INDEMNITY CERTIFICATE

(Not to be completed at Tender stage)

Contractor: ..........................................................................................................................

Employer: Polokwane Municipality

Contract: ..........................................................................................................................

I/we .........................................................................................................................................

Hereafter the “Contractor”

“Contractor” hereby indemnifies the Polokwane Municipality (Council) against any claim of whatever sort which may arise directly or indirectly from the execution by me/us of the above-mentioned contract and which may be instituted against “Council”, as well as of any loss or damage which the “Council” suffers or expenditure the “Council” incurs to prevent responsibility for such claim, loss or damage, whatever the cause of such claim may be or whatever loss or damage the “Council” suffers.

THUS done and signed at .......................................................................................................

on this …… day of …………………………… 20……

WITNESSES:

1. .............................................................. ........................................................................ CONTRACTOR

2. .............................................................. ........................................................................ COUNCIL

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C1.1.7 FORM C7: ACKNOWLEDGEMENT CERTIFICATE


I, in my capacity as ..................................................................................................................

Duly authorized hereto ............................................................................................................

representing

............................................................................................................................. Contractors,

acknowledge receipt of a copy of the Polokwane Municipality’s safety manual for contractors and the under mentioned person as my supervisor regarding all works and services which must be executed by the Contractor. The appointment is done in terms of the Occupational Health and Safety Act, 1993 (Act 85/1993).

SIGNED AT ……………………………………. ON ………………………………………. 20……

I, ..............................................................................................................................................

accept the abovementioned appointment, and declare that I am familiar with the contents of the Polokwane Municipality’s Safety Manual for contractors

CASUALTIES REGISTRATION NUMBER

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

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

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

SIGNED AT …………………………………. ON …………………………………………. 20……

SIGNATURE:

WITNESSES:

1. ..............................................................

2. ..............................................................

A copy of this certificate shall be submitted to the “Council” before any work commences.

135

C1.2 CONDITIONS OF CONTRACT

C1.2.1 Conditions of Contract

The Conditions of Contract are:

(a) the “General Conditions of Contract” as they appear in the commercially-available publication "Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer, Second Edition 2017” published by the Fédération Internationale des Ingénieurs-Conseils” (hereinafter referred to as the “FIDIC Red Book”);

(b) Particular Conditions Part A - Contract Data; and

(c) Particular Conditions Part B – Special Provisions

Each party to the Contract shall purchase its own copy of the FIDIC Red Book, available from its publisher:

South African Institution of Civil Engineering

Private Bag X200 Halfway House 1685 South Africa Tel +27 (0)11 805 5947

Note 1

Certain pro-forma forms and pro-forma agreements contained in the FIDIC Red Book have been adapted for this contract. Those pro-forma forms and pro-forma agreements contained in the FIDIC Red Book do not apply where replaced by similar pro-forma forms and pro-forma agreements in this document.

C1.2.2 Particular Conditions Part A - Contract Data

Sub-Clause

Where the Contract allows for Cost Plus Profit, percentage profit to be added to the Cost

1.1.20 5%

Defects Notification Period (DNP)

1.1.27 365 days

Employer’s name and address

1.1.31

Chief Executive Officer

Polokwane Municipality,

Civic Centre, corner, Bondenstein and Landdros Mare Street,

Engineer’s name and address

1.1.35

Shaun Chamberlain

SMEC South Africa

267 Kent Avenue

Randburg

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Sub-Clause

Time for Completion 1.1.84 Taking-Over of Whole-of-the-Works – 1000 calendar days

Agreed methods of electronic transmission

1.3(a)(ii) Electronic mail only

Address of Employer for communications

1.3(d)

[email protected] or

PO Box 111

Polokwane

0700

Address of Engineer for communications

1.3(d)

[email protected]

267 Kent Avenue

Randburg

Address of Contractor for communications

1.3(d)

Contract shall be governed by the law of

1.4 Republic of South Africa

Ruling language 1.4 English

Language for communications

1.4 English

Number of additional paper copies of Contractor’s Documents

1.8 one

Total liability of the Contractor to the Employer under or in connection with the Contract

1.15 The Accepted Contract Amount

after receiving the Letter of Acceptance, the Contractor shall be given right of access to all or part of the Site within

2.1

21 days for that portion of the Site required for the Contractor’s site camp;

42 days for the whole Site.

Employer’s financial arrangements

2.4 Grant under the RBIG programme

Performance Security (as percentages of the Accepted Contract Amount in Currencies)

4.2 Percent: 10%

Currency: South African Rands

Entity to which the Employer gives consent

4.2.1 A financial institution registered and licensed to trade in South Africa and approved by the Employer



137

Sub-Clause

Period for notification of errors in the items of reference

4.7.2 (and 4.1.2(b))

28 days

Period of payment for temporary utilities

4.19 Each month

Number of additional paper copies of progress reports

4.20 Ten

Maximum allowable accumulated value of work subcontracted (as a percentage of the Accepted Contract Amount)

5.1(a) 70%

Parts of the Works for which subcontracting is not permitted

5.1(b) No limitation

Normal working hours on the Site

6.5 Monday to Friday between 6H00 and 18H00 and Saturday between 6H00 and 14H00

Locally recognised days of rest

6.5

Locally recognised days of rest are the construction industry customary year end break as published by SAFCEC plus South African Statutory Public Holidays and Sundays as well as Municipal election voting day in 2021.

Number of additional paper copies of programmes

8.3 10

Planning Software to be utilised

8.3 Candy – Construction Project Control software by CCS; or Microsoft Project

Delay damages payable for each day of delay

8.8 Taking-Over of Whole-of-the-Works: R150,000.00 per day

Maximum amount of Delay Damages in the event that there are Sections and/or Whole-of-the-Works in concurrent delay

8.8 The daily amount for whichever relevant Section has the highest delay damages value.

Maximum amount of delay damages

8.8 10% of the Accepted Contract Amount

Method of measurement 12.2 In accordance with the Bill of Quantities or other applicable Schedules

Percentage profit 12.3 As stated under 1.1.20 above

Percentage rate to be applied to Provisional Sums for overhead charges and profit

13.4(b)(ii) 15%

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Sub-Clause

Contract Price Adjustment coefficients

13.8 x = 0.15

a: 0.25

b: 0.30

c: 0.35

d: 0.10

Total amount of Advance Payment (as a percentage of the Accepted Contract Amount)

14.2 10%

Number and timing of instalments

14.2 Once off

Currency or currencies of Advance Payment

14.2 South African Rands

Percentage deductions for the repayment of the Advance Payment

14.2.3 As per Clause 14.2.3

Period of payment 14.3 After the end of each month

Number of additional paper copies of Statements

14.3(b) one

Percentage of retention 14.3(iii) 10%

Limit of Retention Money (as a percentage of Accepted Contract Amount)

14.3(iii) 5%

Plant and Materials for payment when shipped

14.5(b)(i) None

Plant and Materials for payment when delivered to the Site

14.5(c)(i)

All Materials for civil works as included for under the civil parts of the Bill of Quantities; All mechanical and electrical Plant as included for under the mechanical and electrical parts of the Bill of Quantities.

Minimum amount of Interim Payment Certificate (IPC)

14.6.2 R500,000.00

Period for payment of Advance Payment to the Contractor

14.7(a) 28 days

Period for the Employer to make interim payments to the Contractor under Sub-Clause 14.6 [Interim Payment]

14.7(b)(i) 56 days

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Sub-Clause

Period for the Employer to make interim payments to the Contractor under Sub-Clause 14.13 [Final Payment]

14.7(b)(ii) 28 days

Period for the Employer to make final payment to the Contractor

14.7(c) 56 days

Financing charges for delayed payment

14.8

These financing charges shall be calculated at an annual rate of 3% above the prime overdraft rate charged by the Standard Bank of South Africa Limited in Pretoria on the date for payment

Number of additional paper copies of draft Final Statement

14.11.1(b) One

Currencies for payment of Contract Price

14.15 South African Rands

Proportions or amounts of Local and Foreign Currencies are:

14.15(a)(i) Local: 100%

Currencies and proportions for payment of Delay Damages

14.15(c) South African Rands: 100%

Rates of exchange 14.15(f) As per Clause 14.15(f)

Forces of nature, the risks of which are allocated to the Contractor

17.2(d) None additional

Permitted deductible limits 19.1

Insurance required for the Works: R10 million

Insurance required for Goods: R5 million

Insurance required for liability for breach of professional duty: R5 million

Insurance required against liability for fitness for purpose: R5 million

Insurance required for injury to persons and damage to property: R5 million

Insurance required for injury to employees: R5million

Professional indemnity insurance

19.2.3

Amount: R20,000,000.00

The professional indemnity insurance shall also indemnify the Contractor against the liability in Sub-Clause 19.2.3 (b).

The Contractor shall maintain the insurances in Sub-Clause 19.2.3 for five years.

140

Sub-Clause

Insurance required for injury to persons and damage to property

19.2.4 Amount: R20,000,000.00

Other insurances required by Laws and by local practice

19.2.6

The Contractor shall take out SASRIA (riot) insurance for ‘Contract Works’ and ‘Construction Plant’ to the value of the Works and replacement value of Construction Equipment on Site respectively.

Time for appointment of DAAB

21.1 56 days

The DAAB shall comprise 21.1 1 member nominated from members of the Association of Arbitrators (Southern Africa)

List of proposed members of DAAB: Proposed by the Employer

21.1

1. TBA

2. TBA

3. TBA

List of proposed members of DAAB: Proposed by the Contractor

21.1

1. …

2. …

3. …

Appointing entity (official) for DAAB members

21.2 Chairman of the Association of Arbitrators (Southern Africa).

Description of parts of the

Works that shall be

designated a Section for the

purpose of the Contract

(Sub-Clause 1.1.73)

Value:

Percentage* of

Accepted Contract

Amount (Sub-

Clause 14.9)

Time for Completion

(Sub-Clause 1.1.84)

Delay Damages

(Sub-Clause 8.8)

Ready for Commissioning (RFC) 0% 730 calendar days R150,000.00 per day

Ready for Trial Operation (RFTO) 50% 820 calendar days R150,000.00 per day

Ready for Operation (RFO) 50% 1000 calendar days R150,000.00 per day

C1.2.3 Particular Conditions Part B – Special Provisions

CLAUSE 1 - GENERAL PROVISIONS

Sub-Clause 1.1 – Definitions

Sub-Clause 1.1.10 – Contract:

On the third and fourth lines, delete “the Contractor’s Proposal,”

141

Sub-Clause 1.1.77 – Specification:

On the second line after “Payment Certificate under”, add Sub-Clause 14.2.1 [Advance

Payment Guarantee] (If applicable),”

Sub-Clause 1.1.81 – Tender:

On the first line, delete “the Contractor’s Proposal,”

Add the following new Sub-Clauses:

“1.1.89 “Employer’s Requirements” means the documents entitled employer’s

requirements or references to the employer’s requirements, as included in the

Contract, and any additions and modifications to such documents or references

in accordance with the Contract. Such documents or references specify the

purpose, scope, and/or design and/or other technical criteria, for particular

components of the Works as may be applicable.

1.1.90 “Supplementary Agreement” means a signed agreement, titled

“Supplementary Agreement”, made between the Parties subsequent to the

signing of the Contract.”

1.1.91 “Expiry Date” means the last day of the Defects Notification Period for the

whole of the Works.”

1.1.92 “Ready for Commissioning” (RFC) means the status of the Works at the point

in time when the obligations in respect of the pre-commissioning tests required

pursuant to Sub-Clause 7.4 [Testing by the Contractor] and Sub-Clause 9.1(a)

have been complied with and that the commissioning tests required pursuant to

Sub-Clause 9.1(b) can safely be commenced.

1.1.93 “Ready for Trial Operation” (RFTO) means the status of the Works at the point

in time when the obligations in respect of the commissioning tests required

pursuant to Sub-Clause 7.4 [Testing by the Contractor] and Sub-Clause 9.1(b)

have been complied with and that the trial operations required pursuant to Sub-

Clause 9.1(c) can safely be commenced, and provided that:

(a) as a condition precedent, the Contractor has complied with his

obligations to achieve the RFC status of the Works; and

(b) the period of time between RFC and RFTO shall not be less than 90

days.

1.1.94 “Ready for Operation” (RFO) means the status of the Works at the point in

time when a Taking-Over Certificate for the whole of the Works has been issued

pursuant to Clause 10 [Employer’s Taking Over], and provided that, as a

condition precedent, the Contractor has complied with his obligations to achieve

the RFTO status of the Works.

1.1.95 "Construction Period" means the period between Commencement Date and

RFC.

1.1.96 "Commissioning Period" means the period between RFC and RFTO

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1.1.97 "Trial Operation Period" (TOP) means the period between RFTO and RFO”

Sub-Clause 1.5 – Priority of Documents

Delete the documents listed (a) to (k) and substitute:

“(a) the Contract Agreement, including the Form of Offer and Acceptance

(b) the Letter of Acceptance (Letter of Award), including the Memorandum of

Understanding (if any),

(c) the Letter of Tender,

(d) the Particular Conditions Part A – Contract Data,

(e) the Particular Conditions Part B – Special Provisions,

(f) these General Conditions,

(g) the Particular Specifications

(h) the Drawings.

(i) the Standard Specifications.

(j) the Pricing Data

(k) the Returnable Schedules.

(l) the Site Information

(m) the Description of Works

(n) the Part C5 Annexures

(o) other documents forming part of the Contract

All Addenda and the Memorandum of Understanding, if any, which modify the terms of the

Tender Documents take precedence only over the document to which they relate.”

Sub-Clause 1.14 – Joint and Several Liability

At the end of sub-paragraph (c), add:

“In the event that such consent is obtained from the Employer, 2 notarially certified copies of

the new signed joint venture agreement, or signed amended joint venture agreement, as the

case may be, shall be submitted to the Employer with a copy to the Engineer within 28 days

of signature by the separate parties to the amended joint venture agreement.”

Add the following new Sub-Clause:

“Sub-Clause 1.17 – Corrupt Practices

(a) The Contractor (which for the purpose of this Sub-Clause 1.17 [Corrupt Practices] shall

include his directors, employees, agents, shareholders and/or partners) warrants that the

performance of his obligations shall in no way constitute an infringement or other

violation of the laws of the Republic of South Africa, and in particular will under no

circumstances engage in any activities which may constitute corruption or corrupt

143

activities within the ambit of the Prevention and Combating of Corrupt Activities Act, No

12 of 2004, such activities to include:

(i) accepting or agreeing, or offering to accept or give or offer any gratification to

any person in order to influence such other person to act in a manner that

amounts to the illegal dishonest exercise or performance of any power, duty,

statutory, contractual or other legal obligation; or

(ii) procuring that any person, directly or indirectly, accepts or agrees or offers to

accept any gratification from another person or gives or agrees or offers to give

to any other person any gratification in order to improperly influence the

conclusion or performance of his obligations in terms of this Contract.

(b) In addition to any right which the Employer may have to cancel, in the event that the

Contractor is convicted on a charge relating to, or concerning corruption, bribery or fraud

during the 10-year period preceding the Base Date, or being convicted on a charge

relating to, or concerning corruption, bribery or fraud, or in the event that the Contractor

gives or offers any person any bribe, gratuity, commission or other thing of value as

contemplated in Sub-Clause 1.17(a) or 1.17(b):

(i) The Contractor shall forfeit any profit derived from this Contract;

(ii) The Contractor will make payment thereof on demand; and

(iii) The Employer shall be entitled to deduct such amount from any amount which

is due or may become due and payable to the Contractor whether arising from

this Contract or any other contract between the Employer and the Contractor.”

CLAUSE 3 – THE ENGINEER

Sub-Clause 3.2 – Engineer's Duties and Authority

At the end of the third paragraph, add:

“The Engineer shall obtain the approval of the Employer before carrying out the following duties

in accordance with the Contract:

(i) Giving notice of the Commencement Date in terms of Sub-Clause 8.1

[Commencement of Works];

(ii) Issuing an instruction in terms of Sub-Clause 8.9 [Employer’s Suspension] to

suspend the progress of part or all of the Works; or

(iii) Instructing or approving a Variation in terms of Sub-Clause 13.1 [Right to Vary],

the estimated effect of which will be to increase the Contract Price by an amount

exceeding R1 000 000 calculated at prices at the Base Date of the Contract.

Provided that such approval by the Employer shall not be required for instructions or notices

which, in the sole opinion of the Engineer, are required to meet an emergency or are otherwise

required to ensure the safety or security of the Works or of any person or property.

144

Sub-Clause 3.4 – Delegation by the Engineer

In the last paragraph, delete the text of the 3rd and 4th sentences and substitute:

“However, if the Contractor questions any Notice, instruction, certificate, opinion or valuation

given by an assistant, the Contractor may by giving a Notice refer the matter to the Engineer.

The Engineer shall be deemed to have confirmed the assistant’s Notice, instruction, certificate,

opinion or valuation if the Engineer does not respond, within 7 days after receiving the

Contractor’s Notice, reversing or varying the assistant’s Notice, instruction, certificate, opinion

or valuation (as the case may be).”

CLAUSE 4 – THE CONTRACTOR

Sub-Clause 4.1 – Contractor’s General Obligations

Immediately under the Sub-Clause 4.1 heading, insert a sub-heading entitled:

“Sub-Clause 4.1.1 - Contractor’s General Obligations”

After the third paragraph of Sub-Clause 4.1.1, add a new paragraph:

“The Contractor shall liaise and co-operate with the Engineer and his assistants and provide

them with such access, information and facilities as they may reasonably require in order to

enable them to perform their duties under the Contract.”


“Sub-Clause 4.1.2 – Contractor’s Design Obligations

Where the Contractor undertakes, or is required, to design part or parts of the Permanent

Works the following shall apply:

(a) The Contractor shall carry out, and be responsible for, the design of that part (or parts)

of the Works as defined in the Specifications. Design shall be prepared by qualified

designers who are engineers or other professionals. If so requested by the Engineer the

Contractor shall submit to the Engineer for consent the name and particulars of each

proposed designer and design Subcontractor. In respect of the Contractor’s design, the

Contractor shall carry professional indemnity insurance, in accordance with Sub-Clause

19.2, and indemnify the Employer and Engineer for losses and claims of any nature in

relation thereto.

The Contractor warrants that he, his designers and design Subcontractors have the

experience and capability necessary to carry out the design. The Contractor undertakes

that the designers shall be available to attend discussions with the Engineer at all

reasonable times, until the expiry date of the relevant Defects Notification Period.

(b) Upon receiving notice under Sub-Clause 8.1 [Commencement of Works], the Contractor

shall scrutinise the Employer’s Requirements and the Specification (including design

criteria and calculations, if any) and the items of reference mentioned in Sub-Clause 4.7

[Setting Out]. Within the period stated in the Contract Data under Sub-Clause 4.7.2,

calculated from the Commencement Date, the Contractor shall give notice to the

145

Engineer of any error, fault or other defect found in the Employer’s Requirements or the

Specification or these items of reference.

(c) After receiving this notice, the Engineer shall determine whether Clause 13 [Variations

and Adjustments] shall be applied, and shall give notice to the Contractor accordingly.

If and to the extent that (taking account of cost and time) an experienced contractor

exercising due care would have discovered the error, fault or other defect when

examining the Site, the Employer’s Requirements and the Specification before

submitting the Tender, the Time for Completion shall not be extended and the Contract

Price shall not be adjusted.

Where the Contractor requests that the Engineer design or re-design, the Contractor shall pay

to the Employer the cost of such services as agreed to beforehand in a Supplementary

Agreement in this regard. This payment shall be treated as a debt due and recovered by

deduction in terms of paragraph (vi) of Sub-Clause 14.3 [Application for Interim Payment] for

the purposes of payment in terms of Sub-Clause 14.6 [Issue of IPC] and Sub-Clause 14.13

[Issue of FPC].”



“Sub-Clause 4.1.3 – Contractor’s Liens, Security and Right of Retention

The Contractor hereby waives and abandons any Contractor’s lien and any other security or

right of retention which he may have in respect of the Works, Plant, Materials, and Contractor’s

Documents, and shall not be entitled to withhold delivery of the same to the Employer. The

Contractor shall ensure that his Subcontractors similarly waive any liens, securities and rights

which they may have and shall indemnify and hold the Employer harmless against and from

any claims, demands, proceedings, loss, damage, costs and expenses made or incurred in

respect thereof.”

Sub-Clause 4.4 – Contractor’s Documents

Sub-Clause 4.4.1 Preparation and Review

After the fourth paragraph, add a new paragraph:

“Certain Contractor’s Documents are required to be submitted according to a pre-defined

programme, as defined in the Particular Specification to SANS1200A.”


“Sub-Clause 4.4.4 – Contractor’s Design Error

If errors, omissions, ambiguities, inconsistencies, inadequacies or other defects are found in

the Contractor’s Documents, they and the Works shall be corrected at the Contractor’s cost,

notwithstanding any consent, approval or No-objection given by the Engineer under the

Contract.”

146

Sub-Clause 4.2 – Performance Security

Sub-Clause 4.2.1 – Contractor’s obligations

At the end of the second paragraph, add:

“Unless documentary evidence of such extension is submitted to the Employer 28 days prior

to the expiry date of the Performance Security, the Employer in his sole discretion may

suspend further payments due to the Contractor until evidence of such extension is received.”

Sub-Clause 4.2.2 – Claims under the Performance Security

In the first paragraph, sub-paragraph (b), third line, between "Clause 21 [Disputes and

Arbitration]” and “, within 42 days”, insert "or otherwise due to the Employer in terms of the

Contract".

At the end of sub-paragraph (d), add:

"in which event the Employer may claim the full amount of the Performance Security”.

Sub-Clause 4.6 – Co-operation

On the second-last line of the first paragraph before “Contractor’s” add “off the”.

Sub-Clause 4.7.3 Setting Out

In the second bullet-point of sub paragraph (b) - before; ”if the item of reference”, add “when

examining the items of reference within the period stated in sub-paragraph (a) of Sub-Clause

4.7.2,”

On the second and third lines, delete “and the Contractor’s Notice is given after the period

sated in sub-paragraph (a) of Sub-Clause 4.7.2”.

Sub-Clause 4.12 – Unforeseeable Physical Conditions

At the end of the first paragraph, add:

“Hydrological conditions shall be deemed to exclude rainfall and the effects of rainfall, which

shall be deemed to be included under the ambit of climatic conditions and thus dealt with under

Sub-Clause 8.5 [Extension of Time for Completion].”

Sub-Clause 4.12.4 – Delay and/or Cost

After the first paragraph, add a new paragraph:

“Notwithstanding anything contained in Sub-Clause 20.2 [Claims For Payment and/or EOT],

the cost of all work done or Contractor’s Equipment and Temporary Works used by the

Contractor earlier than 7 days prior to the Contractor giving notice under Sub-Clause 4.12.1

shall be deemed to have been covered in the rates and prices as comprising the Accepted

Contract Amount referred to in Sub-Clause 4.11 [Sufficiency of the Accepted Contract

Amount].”

147

Sub-Clause 4.17 – Contractor’s Equipment

At the end of the Sub-Clause, add a new paragraph:

"Ownership of Contractor's Equipment to which the Contractor has title shall be deemed to be

the property of the Employer with effect from its arrival on the Site. This vesting of property in

Contractor's Equipment shall not:

(a) affect the responsibility or liability of the Employer;

(b) prejudice the right of the Contractor to the sole use of the Contractor's Equipment or

the purposes of the Works; or

(c) affect the Contractor's responsibility to operate, maintain and protect the Contractor's

Equipment.

The property shall be deemed to re-vest in the Contractor when the Engineer (acting

reasonably and without delay) authorises the removal of the Contractor's Equipment from the

Site or when the Contractor is entitled to receive the Taking-Over Certificate for the whole of

the Works, whichever occurs first.

Should the Contractor hire items, which form part of the Contractor’s Equipment for use in the

Works, it shall cede its rights to such items under any hire agreement to the Employer, and

any such hire agreement shall allow for such cession, but the Contractor shall remain liable for

the payment of any and all hire charges under such hire agreement."

Sub-Clause 4.22 Contractor’s Operation on Site

On the third line of the second paragraph before “4.17”, add “Sub-Clause”.

Sub-Clause 4.23 – Archaeological and Geological Findings

In the second line, between “items of geological” and “or archaeological”, insert ",

paleontological, mineralogical".


“Sub-Clause 4.24 – Socio-Economic Development Objectives

The Contractor shall comply with the Socio-Economic Development objectives and targets as

set out in the Specifications. Failure to do so will result in the Contractor becoming liable for

penalties as set out in the Specifications.”

CLAUSE 5 – SUBCONTRACTING

Sub-Clause 5.1 – Subcontractors

At the end of the last paragraph, add

“the Contractor shall be responsible for ensuring that each Subcontractor completes his work

in accordance with the requirements of the Contractor’s latest Programme which has been

prepared pursuant to Sub-Clause 8.3 [Programme]. The Contractor shall coordinate and make

all necessary pro-active arrangements (including but not limited to physical, logistical, security,

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environmental, financial and institutional arrangements) to facilitate Subcontractors meeting

their obligations.”

Sub-Clause 5.2 Nominated Subcontractors

Sub-Clause 5.2.2 Objection to Nomination

In sub-paragraph (a) on the first line before “Subcontractor”, add “nominated”.

CLAUSE 6 – STAFF AND LABOUR

Sub-Clause 6.8 – Contractor’s Superintendence

After the last paragraph, add a new paragraph:

“Unless otherwise approved by the Engineer, at least 1 member of the Contractor's

superintending staff who is competent in speaking, reading, writing and understanding English

and in the use of engineering and construction terminology expressed in English, shall be

provided by the Contractor at each installation and at each location where the Works are in

progress and for each working shift at such location or installation.”

Sub-Clause 6.9 – Contractor’s Personnel

After the second paragraph, add a new paragraph:

"The misconduct referred to above shall be deemed to include discriminatory treatment, as

described in Sub-Clause 6.11 [Disorderly Conduct], cultural or racial slurs, hate speech,

incitement, etc. The Contractor is to actively pursue the enhancement of the dignity of each

person within a climate of mutual respect among all, and especially among persons of different

background, race, colour, creed, sex, gender, opinion or orientation and shall include the

awareness and promotion of such matters in all training and induction."

Sub-Clause 6.10 – Records of Contractor’s Personnel and Equipment

In the first line of item (a) between “each class” and “of Contractor’s Personnel”, insert “and

the socio-economic category”.

At the end of item (b), add:

“including details of any Contractor’s Equipment which is due to be delivered to the Site or

which the Contractor intends to remove from the Site subject to the prior approval of the

Engineer”.

Add the following new Sub-Clauses:

“Sub-Clause 6.13 – Festivals and Religious Customs

The Contractor shall in all dealings with his staff and labour have due regard to all recognised

festivals, days of rest and religious or other customs in the Country. No extension of time will

be granted for the Contractor’s compliance with the demands of his staff or labour in this

regard.

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Sub-Clause 6.14 – Alcoholic Liquor or Drugs

Alcohol and Drugs shall not be permitted on the Site. The Contractor shall not import, sell,

give, barter or otherwise dispose of any alcoholic liquor or drugs, or permit or allow importation,

sale, gift, barter or disposal thereof by Contractor’s Personnel on Site.

Sub-Clause 6.15 – Arms and Ammunition

Arms and Ammunition shall not be permitted on the Site except by authorised security

personnel. The Contractor shall not give, barter or otherwise dispose of to any person, any

arms or ammunition of any kind, or allow the Contractor’s Personnel to do so on Site."

CLAUSE 7 – PLANT, MATERIALS AND WORKMANSHIP

Sub-Clause 7.5 – Defects and Rejection

After the last paragraph, add a new paragraph:

“If, despite the Engineer’s rejection of Plant, Materials, Contractor’s design or workmanship as

above, the Employer decides at his discretion, having regard to the circumstances of the

specific case only, to accept the item of work for any reason, such concession will not constitute

any precedent nor detract in any other way from the Contract or Contractor’s obligations and

responsibilities for otherwise full compliance. In this event, the concession will be made subject

to a reduced payment for the Plant, Materials, Contractor’s design or workmanship as

determined by the Engineer in accordance with Sub-Clause 3.7 [Agreement or Determination].

Such concession will be without prejudice to the Employer’s rights and the Contractor’s

obligations under the Contract and such determination will not be subject to Clause 20 and if

the Contractor does not accept the Engineer’s determination, the item of work will be treated

under Sub-Clause 7.6 [Remedial Work].”

Sub-Clause 7.6 – Remedial Work

After sub-paragraph (c), insert a new sub-paragraph:

“(d) carry out at the Contractor’s cost any additional work required to obviate the need to

remove, replace, re-execute or re-design any work which due to the Contractor’s

default is not in accordance with the Contract so that the same may be retained and, if

the Engineer so instructs, valued in accordance with Sub-Clause 12.3 [Valuation of the

Works].”

CLAUSE 8 – COMMENCEMENT, DELAYS AND SUSPENSION

Sub-Clause 8.3 – Programme

Before the first paragraph, add the following paragraph:

“Unless expressly so stated in the Letter of Acceptance, acceptance of the Tender will not

signify acceptance of the Tendered Programme, nor will it in any way relieve the Contractor of

any of his responsibilities under the Contract.”

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Sub-Clause 8.4 - Extension of Time for Completion

At the end of sub-paragraph (c), add:

“EOT due to adverse climatic conditions at the Site which are Unforseeable and the

consequence of such climatic conditions, shall be calculated separately for each calendar

month or part thereof from the Commencement Date until RFC, in accordance with the

following formula:

𝑉 = (𝑁𝑤 − 𝑁𝑛) + (𝑅𝑤 − 𝑅𝑛

𝑥

where

V = Extension of Time in calendar days for the calendar month under consideration

Nw = Actual number of days during the calendar month on which a rainfall of 10 mm or

more has been recorded

Nn = Average number of days for the calendar month on which a rainfall of 10 mm or

more has been recorded, as derived from existing rainfall records

Rw = Actual recorded rainfall for the calendar month

Rn = Average rainfall for the calendar month, as derived from existing rainfall records

x = 20

i. Average values from existing rainfall records shall be as per Table 1 below (no

other source of climatic data shall be accepted for this purpose):

Table 1 – RAINFALL RECORDS FOR PERIOD: 2006 – 2016

RAINFALL STATION: Polokwane Lat: 23.8570 Lon: 29.451 Height 1226m

Average No of Days with Rainfall exceeding 10mm: 9.8 days/year

Average Rainfall: 488.6mm/year station no: 0677802BX

MON AVE ST N DAY NUM 1 5.1 10.1 20.1 50.1 100.1 MAX

R MAX RAIN

MON DEV RAIN MON 5 10 20 50 100 900 DAY DATE

JAN 65.9 39.3 65.9 11 3.4 2.1 1.3 0.7 0 0 38 1/18/2013

FEB 47.3 49.7 47.3 11 1.6 0.9 1.1 0.6 0 0 49 2/26/2006

MAR 58.4 33.2 58.4 11 3 1.3 1.1 0.7 0.1 0 51.5 3/27/2006

APR 43.3 46.6 43.3 11 1.5 1 0.7 0.5 0.1 0 68 4/4/2011

MAY 10.4 14 10.4 11 0.5 0.4 0.3 0.1 0 0 29.2 5/8/2009

JUN 1.7 3.6 1.7 11 0.3 0 0.1 0 0 0 12 6/10/2009

JUL 2.4 4.3 2.4 11 0.3 0.1 0.1 0 0 0 12.1 7/4/2007

AUG 2.3 5.6 2.3 11 0.2 0 0.1 0 0 00 19.2 8/15/2011

SEP 6.6 8.2 6.6 11 0.4 0.4 0.1 0.1 0 0 22.5 9/4/2015

OCT 48.1 29.5 48.1 11 1.5 0.7 1.4 0.6 0 0 38.2 10/29/2009

NOV 97.7 40.5 97.7 11 3.1 2 1.3 1.5 0.2 0 65.5 11/12/2008

DEC 104.6 56.3 104.6 11 3.8 1 1.7 1.9 0.1 0 55 12/16/2014

YR 488.6 67.9 19.5 9.8 9.2 6.8 0.5 0 488.6

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ii. If V is negative and its absolute value exceeds Nn, then V shall be equal to minus

Nn.

iii. If V is positive and greater than the number of calendar days in the calendar month

under consideration, then V shall be taken as equal to the number of calendar days

in the relevant calendar month.

iv. The factor (Nw - Nn) shall be considered to represent a fair allowance for days during

which rainfall exceeds 10 mm and the factor (Rw - Rn)/x shall be considered to

represent a fair allowance for those days when rainfall does not exceed 10 mm but

wet conditions prevent or disrupt work.

v. The total Extension of Time shall be the algebraic sum of all monthly totals for the

contract period, but if the algebraic sum is negative the Time for Completion shall

not be reduced due to subnormal rainfall. Extension of Time for a part of a month

shall be calculated using pro rata values of Nn and Rn. The algebraic sum shall be

rounded to the nearest day.

Accurate rain gauging shall be taken at a suitable point on Site by the Contractor for [urposes

of determining Nw and Rw, and the Contractor shall, at his own expense, take all necessary

precautions to ensure that the rain gauges cannot be interfered with.

At the end of the Sub-Clause, add the following paragraphs:

"Notwithstanding anything to the contrary in the Contract, the Contractor shall not be entitled

to an extension of the Time for Completion where he has not used all reasonable endeavours

to prevent, reduce or mitigate the delay, including providing such temporary measures as may

be necessary to enable work to continue and the Works and Contractor's Equipment to be

protected during claim events.

The rules and procedures for assessing the Contractor’s entitlement to an EOT where there is

concurrency between delays attributable to both Parties shall be as per the approach given in

the Delay and Disruption Protocol published by the Society of Construction Law (UK):

https://www.scl.org.uk/sites/default/files/SCL_Delay_Protocol_2nd_Edition_Final.pdf”

Sub-Clause 8.7 – Rate of Progress

At the end of the Sub-Clause, add new paragraphs:

“If at any time the Contractor fails to demonstrate, to the Engineer’s satisfaction, that the Works

or any Section or part thereof will be completed within the relevant Time for Completion, the

Engineer shall have the right, following the Contractor's failure to comply with a notice in terms

of Sub-Clause 15.1 [Notice to Correct], and notwithstanding the provisions of Sub-Clause 12.4

[Omissions] and/or Sub-Clause 13.1(iv) hereof, to omit any Section or part of the Works from

the Contract and have that Section or part of the Works carried out by a third party or parties.

This right is in addition to any other rights that the Employer may have under or pursuant to

this Contract. The Contractor shall remain liable for the cost of completion of any Section or

part of the Works so omitted and shall indemnify the Employer against any cost incurred by

the Employer in having such Section or part of the Works carried out by a third party contractor.

The Contractor’s liability for cost pursuant to this Sub-Clause shall include the costs associated

with acceleration where this is necessary in order to have the work completed within the

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relevant Time for Completion or, should it not be possible to achieve completion within this

time, then within such time as, in the opinion of the Engineer, is reasonably practicable. The

Contractor shall have no entitlement to claim any compensation or damages whatsoever

arising from such omission."

Sub-Clause 8.7 – Delay Damages

In the first sentence delete “subject to Sub-Clause 20.2 [Claims For Payment and/or EOT]”.

Sub-Clause 8.11 – Payment for Plant and Materials after Employer’s Suspension

At the end of sub-paragraph (b) after “instructions”, delete the full stop and insert “,”.

Add the following new sub-paragraphs:

“(c) if the Contractor has submitted evidence acceptable to the Engineer that ownership is

vested in the Contractor, and

(d) the Contractor formally transfers ownership of the Plant and/or Materials to the

Employer.”

After Sub-Clause 8.13 [Resumption of Work], add a new Sub-Clause:

“Sub-Clause 8.14 – Provision for Accelerated Completion

If the Employer wishes to have the Works completed within a revised time being less than the

Time for Completion or extended Time for Completion prescribed by Sub-Clause 8.2 [Time for

Completion], then the Engineer shall require the Contractor to submit:

(a) The Contractor’s priced proposals for achieving the revised time, together with any

proposed amendments to the programme; or

(b) The Contractor’s explanation as to why he is unable to achieve completion within the

revised time.

The Contractor shall make such submission within 14 days of receipt of the Engineer’s request

or such other period as agreed to by the Engineer.

If the Employer accepts the Contractor’s priced proposals, as amended or otherwise, a

Supplementary Agreement in writing shall be prepared stating:

(i) The revised Time for Completion;

(ii) The revisions to the programme, including any relevant critical path and any

supporting documentation;

(iii) The amount or manner by which the Contract Price shall be adjusted; and

(iv) All other amendments to the Contract which have been agreed.

Any such agreement shall be concluded between the Contractor and the Employer before the

Contractor is required to commence any acceleration to the Works.

Provided that any additional resources required by the Contractor to fulfil his obligations under

the Contract and not included in such an agreement, will be deemed to be at the Contractor’s

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risk and will not constitute evidence or cause of any claim against the Employer, including

acceleration of the Works or Sections or parts thereof.”

CLAUSE 9 – TESTS ON COMPLETION

Sub-Clause 9.1 – Contractor’s Obligations

At the beginning of the Sub-Clause, add a new paragraph:

“The Contractor shall participate in commissioning planning meetings, as may be required by

the Engineer, in order to refine the commissioning procedures for the Works. The Contractor

shall prepare and provide a final approved commissioning plan and programme for the Works

in accordance with the Specification”.

At the end of the Sub-Clause, add the following:

“The Works shall not be considered to be completed for the purposes of taking over under

Sub-Clause 10.1 [Taking Over of the Works and Sections] until the Engineer has received final

operation and maintenance manuals in such detail, and any other manuals specified in the

Employer’s Requirements for these purposes.

The Tests on Completion shall be carried out in the following sequence:

(a) Pre-commissioning tests, which shall include the appropriate inspections and (“dry” or

“cold”) functional tests to demonstrate that each item of Plant can safely undertake the

next stage, (b);

(b) Commissioning tests, which shall include the specified operational tests to demonstrate

that the Works or Section can be operated safely and as specified, all under available

operating conditions; and

(c) Trial operation, which shall demonstrate that the Works or Section perform reliably and

in accordance with the Contract.

Trial operation shall not constitute a taking over under Clause 10 [Employer’s Taking Over].

Any product produced by the Works during trial operation shall be the property of the Employer.

In considering the results of the Tests on Completion, the Engineer shall make allowances for

the effect of any use of the Works by the Employer on the performance or other characteristics

of the Works. As soon as the Works, or a Section, have passed each of the Tests on

Completion described in sub-paragraph (a), (b) or (c), the Contractor shall submit a certified

report of the results of these Tests to the Engineer.”

CLAUSE 10 – EMPLOYER’S TAKING OVER

Sub-Clause 10.2 – Taking Over Parts

In the second paragraph delete sub-paragraph (b) and amend sub-paragraph (c) to become

sub-paragraph (b).

After the second paragraph, add a new paragraph:

“Notwithstanding the issue of a Taking-Over Certificate in respect of any part of the Permanent

Works or the deemed taking over of any part of the Permanent Works pursuant to sub-

154

paragraph (a) hereof the Contractor shall continue to be liable for the care of such part in

accordance with Sub-Clause 17.2 [Liability for Care of the Works].”

CLAUSE 11 – DEFECTS AFTER TAKING OVER

Sub-Clause 11.3 – Extension of Defects Notification Period

After the first paragraph, insert the following paragraph:

“In the case of any defect in or damage to the Plant for which the Contractor is liable which

requires repair or replacement of the Plant or any part thereof the Defects Notification Period

for such repaired or replaced Plant or part shall recommence from the date on which such

Plant or part has recommenced operation (and if necessary has passed any repeated Tests

on Completion) and shall extend from such date for the Defects Notification Period specified

in the Contract Data.”

CLAUSE 12 – MEASUREMENT AND EVALUATION

Sub-Clause 12.2 – Method of Measurement

In the second line of the first paragraph, between “with the” and “Bill of Quantities”, insert

“Specification and the” and after “Bill of Quantities” delete “or” and substitute “supported by”.

Sub-Clause 12.3 – Valuation of the Works

In sub-paragraph (b) (ii) delete the value “0.01%” and substitute with the value “0.25%”.

In sub-paragraph (b) (iii) delete the value “1%” and substitute with the value “5%”.

Add new sub-paragraph:

After sub-paragraph (c), add a new sub-paragraph:

“or

(d) in any particular case the specified rate or price is not appropriate because the item of

work is not in accordance with the Contract and the Employer grants a concession as

provided for under Sub-Clause 7.5 [Rejection].”

After the fifth paragraph, add a new paragraph:

“Provided always that no new rate or price shall be applicable under (a), (b) and/or (c) of this

Sub-Clause unless the Contractor applies to the Engineer with reasons within 14 days of a

final measurement of that item or within 14 days of the receipt by the Contractor of an

instruction for a Variation under Sub-Clause 13.1 [Right to Vary] which affects that item,

followed 14 days later in each case by the submission to the Engineer of full supporting

particulars of the basis for and the detailed calculation of the change in rate or price.”

155

CLAUSE 13 – VARIATIONS AND ADJUSTMENTS

Sub-Clause 13.3 – Variation Procedure

Sub-Clause 13.3.2 – Variation by Request for Proposal

In the second paragraph, first line, between “as practicable,” and “either by giving”, insert “or

in the time requested by the Engineer, but in any case not later than 42 days after such

request,”

Sub-Clause 13.7 – Adjustments for Changes in Laws

At the end of the Sub-Clause, add a new paragraph:

“Provided that for the purpose of this Sub-Clause notices of statutory price increases issued

from time to time through the South African Government Gazette shall not constitute a change

in Laws and all such price increases shall be deemed to be covered by the provisions of Sub-

Clause 13.8 [Contract Price Adjustment]. Such statutory price increases shall include, but not

be limited to, fuel price increases, minimum wages, licensing fees, border clearance fees,

customs and other duties, contributions to Workman’s Compensation and the Unemployment

Insurance Fund, and the like”.

Sub-Clause 13.8 – Adjustments for Changes in Cost

Delete the title of this Sub-Clause and substitute “Contract Price Adjustment”.

Delete the text of this Sub-Clause and substitute:

“Except as hereinafter provided for in this Sub-Clause and subject to Sub-Clause 12.3

[Valuation of the Works], the rates and prices in the Contract shall be final and binding

throughout the Contract.

No adjustment shall be applied to work valued on the basis of Cost or current prices.

Where in this Sub-Clause reference is made to the indices published by Statistics South Africa

or by the Steel and Engineering Industries Federation of South Africa (SEIFSA), such indices

shall be final and binding on the Parties unless one of the Parties queries any such index to

the Engineer within 28 days of its final publication. The Engineer shall employ his best

endeavours to obtain clarification, ratification or modification to such index from Statistics

South Africa or SEIFSA, whereupon the index shall become final and binding on the Parties.

If no such clarification, ratification or modification is received within 90 days of the query to the

Engineer then the last published index shall be final and binding on the Parties.

As sole compensation for any increases or decreases in any charges elemental to the rates

and prices in the Contract, which increases or decreases may arise subsequent to tendering

from whatsoever cause, adjustment of the Contract Price shall be calculated for each monthly

statement pursuant to Sub-Clause 14.3 [Application for Interim Payment], the Statement at

Completion pursuant to Sub-Clause 14.10 [Statement at Completion] and the Final Statement

pursuant to Sub-Clause 14.11 [Final Statement] in accordance with the provisions of this Sub-

Clause as detailed below:

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a) All Works

(iv) The value of the certificate shall be increased or decreased by the Contract

Price Adjustment amount obtained by multiplying "Ac" defined in bullet (xi)

below by the Contract Price Adjustment factor (f1) defined in bullet (ii) below, as

follows:

Contract Price Adjustment amount = Ac x f1

(v) the Contract Price Adjustment factor (f1) shall be determined according to the

formula:

1)-F

Fd+

M

Mc+

P

Pb+

L

Lx)(a-(1=f

o

t

o

t

o

t

o

t

1

in which the symbols have the following meaning:

(vi) "x" shall be the proportion of "Ac" which is not subject to adjustment. This

proportion shall be as listed by the Employer in the Contract Data.

(vii) The values of coefficients "a", "b", "c" and "d" shall be as listed by the Employer

in the Contract Data. These values are deemed, irrespective of the actual

constituents of the work, to represent the proportionate value of respectively,

labour, Contractor's Equipment, Materials and fuel.

(viii) “L” shall be the labour index and shall be the “Consumer Price Index” for the

Limpopo Province Geographic Index as published by Statistics South Africa in

Statistical News Release P0141 Table A.

(ix) “P” shall be the Contractor’s Equipment index and shall be the index for “Civil

Engineering Plant” as published by Statistics South Africa in Statistical News

Release P0151 Table 4.

(x) “M” shall be the materials index and shall be the index for “Civil Engineering” as

published by Statistics South Africa in Statistical News Release P0151 Table 3.

(xi) “F” shall be the fuel Index and shall be the index for “Diesel at wholesale level

–Inland” as published by Statistics South Africa in Statistical News Release

P0151 Table 4.

(xii) The suffix "o" denotes the base indices applicable to the base month, which

shall be the month in which the Base Date falls.

(xiii) The suffix "t" denotes the current indices applicable to the month in which falls

the last day of the period to which the relevant payment certificate relates, which

shall not be earlier than the twentieth day of the month unless otherwise agreed

by the Engineer in writing.

(xiv) For the purpose of calculating the adjustment to the value of the relevant

certificates, the amount "Ac" shall be determined by the formula:

ApEDSTAc

in which the symbols have the following meanings:

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(xv) "T" shall be the total value of the portion of the certificate under consideration

excluding any advance payments before the deduction of any retention monies,

delay damages, or repayment of advances and before any adjustments made

in terms of this Sub-Clause.

(xvi) "S" shall be the aggregate of (a), (b) and (c) referred to below and included in

"T"

(a) the value of any work done by Nominated Subcontractor/s and not

subject to the Contract Price Adjustment provision of the principal

Contractor;

(b) the value of any extra or additional work;

(c) the value of any work done against Provisional Sums;

where special arrangements for price adjustments in respect of those

amounts were made and recorded at the time the work was ordered.

(xvii) "D" shall be the value of work included in "T" done at new rates or prices fixed

in terms of Sub-Clause 12.3 [Valuation of the Works] where those rates or

prices are not based on labour, Contractor's Equipment or material costs in

force at the time of tendering. When new rates or prices are based on tendered

rates or prices applicable at the base month of the indices, the value of work

done at such new rates or prices shall not be included in the value of "D".

(xviii) "E" shall be the amount included in "T" paid for any daywork executed at current

rates plus percentage allowances as set out in Sub-Clause 13.6 [Adjustments

for Changes in Laws], where those rates are not based on labour Contractor's

Equipment or material costs in force at the time of tendering and indicated in

the Daywork Schedule which is included in Volume 3 hereof. Generally when

Daywork rates are based on tendered rates or on current costs de-escalated to

the base month of the indices, the value of work done at these rates shall not

be included in the value of "E".

(xix) "Ap" shall be the sum of "Ac" amounts determined in terms of this Sub-Clause

for all certificates issued in accordance with Clause 14 preceding in time the

certificate under consideration.

(xx) Save only for additional work or variations ordered to be carried out after the

Time for Completion, (as extended, if applicable under Sub-Clause 8.5

[Extension of Time for Completion]) if the Contractor fails to complete the Works

or any Section thereof within the relevant Time for Completion, adjustment of

prices thereafter shall be made using either (i) each index or price applicable to

the month in which the Time for Completion of that Section expires, or (ii) the

current index or price: whichever is more favourable to the Employer.

(xxi) If any index relevant to any particular certificate is not known at the time the

certificate is valued the latest available index shall be used and an adjustment

made when the index relevant to that particular certificate is published.

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CLAUSE 14 – CONTRACT PRICE AND PAYMENT

Sub-Clause 14.2 – Advance Payment

Sub-Clause 14.2.1 Advance Payment Guarantee

On the fifth and sixth lines of the first paragraph, replace “based on the sample form included

in the Tender documents” with “in the form annexed to the Particular Conditions”.

At the end of point (c), delete the fullstop and add the following text:

“, or the Employer in his sole discretion may suspend further payments due to the Contractor

until such extension evidence is received or deduct the full balance or part thereof from any

monies that may have become due to the Contractor.”

Sub-Clause 14.5 – Plant and Materials intended for the Works

Add the following to the third paragraph sub-paragraph (a):

“(iv) produced satisfactory documentary evidence of ownership of such Plant and Materials

or has delivered to the Employer an indemnity in a form acceptable to the Employer

against any claim to or in respect of such Plant and Materials by reason of the

Contractor’s sequestration or liquidation or of any defect in the Contractor’s title to the

Plant and Materials.”

In the eighth line of the final paragraph after “agreed or determined amount”, insert:

“to a maximum value equivalent to 10% of the Accepted Contract Amount”

Sub-Clause 14.7 – Payment

At the end of the Sub-Clause, add new paragraphs:

“The Contractor shall supply to the Employer within 28 days after the date of the Letter of

Acceptance the following information and documentation in relation to bank transfers, in

notarised originals:

(a) Formal written notice from the authorised and designated representative of the

Contractor designating which officials of the Contractor or his individual members are

authorised to issue bank instructions on his behalf; and

(b) Notarised original specimen signatures of the persons named in (a) above and

notarised copies of company resolutions so authorising them.”

Sub-Clause 14.12 Discharge

On the seventh line of the first paragraph replace “Sub-Clause 21.6 [Arbitration]” with Clause

21 [Disputes and Arbitration]”.

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CLAUSE 15 – TERMINATION BY EMPLOYER

Sub-Clause 15.2 Termination for Contractor’s Default

Sub-Clause 15.2.4 – Completion of the Works

After the third paragraph insert a new paragraph:

"Without prejudice to the Employer's rights under this Sub-Clause, the Employer may at any

time after he has become entitled to the maximum amount of delay damages under Sub-

Clause 8.8 [Delay Damages] and provided the Taking Over-Certificate in respect of the whole

of the Works has not been issued, by Notice in writing to the Contractor require him to complete

any outstanding part of the Works. Such Notice shall fix a final Time for Completion of the

Works including passing the Tests on Completion which shall be reasonable having regard to

such delay as has already occurred and the extent of work required to achieve completion. If

the Contractor fails to complete the Works within such time and this is not due to a cause for

which the Employer is responsible, the Employer may by further notice to the Contractor either:

(a) require the Contractor to complete; or

(b) may himself complete the Works and, provided that he does so in a reasonable manner,

all costs so incurred shall be for the Contractor's account; or

(c) terminate the Contract in whole or in part under this Sub-Clause without prejudice to

his other rights and remedies under the Contract or otherwise."

CLAUSE 16 – SUSPENSION AND TERMINATION BY CONTRACTOR

Sub-Clause 16.2 - Termination by Contractor

Sub-Clause 16.2.1 Notice

Delete Sub-Clause 16.2.1 (g) (i).

Sub-Clause 16.4 – Payment after Termination by Contractor

Delete the text of paragraph (b) and substitute:

“subject to the Contractor’s compliance with Sub-Clause 20.2 [Claims for Payment and/or

EOT], pay to the Contractor the amount of any loss or damage sustained by the Contractor as

a direct result of this termination excluding any indirect or consequential loss or damage

including loss of profit, and/or loss of contract (save where (i) the Contractor is expressly

entitled to profit under any clause in these conditions or (ii) the Employer is guilty of fraud,

deliberate default or reckless misconduct).”

CLAUSE 17– CARE OF THE WORKS AND INDEMNITIES

Sub-Clause 17.1 Responsibility for Care of the Works

On the fourth and fifth lines of the first paragraph, replace “Date of Completion of the Works”

with “issue of the Taking-Over Certificate for the Works”.

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Sub-Clause 17.2 – Liability for Care of the Works

In the third paragraph delete “promptly” and substitute:

“, within 7 days of becoming aware, or when he ought reasonably to have become aware, of

the loss or damage,”

Sub-Clause 17.3 Intellectual and Industrial Property Rights

On the first line of the second paragraph, replace “notice “with “a Notice”.

CLAUSE 19 – INSURANCE

Sub-Clause 19.2 – Insurance to be provided by the Contractor

Sub-Clause 19.2.1 The Works

On the last line of the second paragraph, delete “Clause 12 [Tests after Completion].”

CLAUSE 21 – DISPUTES AND ARBITRATION

Sub-Clause 21.4 – Obtaining DAAB’s Decision

Sub-Clause 21.4.1 Reference of a Dispute to the DAAB

Delete point (c) and substitute:

“(c) set out the referring Party’s case relating to the Dispute in a “Statement of Case”; which

Statement of Case shall include as a minimum:

(i) a clear and concise description of each of the issues in dispute submitted to the

DAB for a decision;

(ii) identification of the relevant items that are not in dispute;

(iii) a fully argued statement of the referring Party’s position on each issue in

dispute;

(iv) the allegations of fact on which the Party relies;

(v) the contentions of contract and/or law on which the Party relies;

(vi) the relief sought under the Contract;

(vii) any other support for the referring Party’s position such as documents,

drawings, schedules and correspondence (including, where applicable, a copy

of the certificate, determination, instruction, opinion or valuation of the

Engineer); and

(viii) a statement of what the referring Party requests the DAB to decide.”

After the first paragraph, add the following paragraph:

“The other Party shall respond to the “Statement of Case” in writing (the “Response”). The

Response shall include as a minimum:

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(ix) a fully argued statement of the responding Party’s position on each issue in

dispute;

(x) identification of the relevant items that, in his opinion, are not in dispute;

(xi) the allegations of fact on which the responding Party relies;

(xii) the contentions of contract and/or law on which the responding Party relies;

(xiii) any support for its position such as documentation, drawings, schedules and

correspondence; and

(xiv) a statement of what the responding Party requests the DAB to decide.”

Sub-Clause 21.6 – Arbitration

In the first paragraph, line six, delete “international”.

In sub-paragraph (a), delete “Arbitration of the International Chamber of Commerce” and

substitute “the Association of Arbitrators (Southern Africa) and the place of arbitration shall be

Pretoria, Republic of South Africa”

Add the following new Clauses:

“CLAUSE 22 – SECTION 37(2) UNDERTAKING

The Parties record that, in terms of the Contract, the Employer shall not be liable in respect of

any breach of the Occupational Health & Safety Act by the Contractor or its Subcontractors

and any employees or agents of the Contractor and/or any Subcontractor.

The Contractor shall provide a Section 37(2) Undertaking and shall deliver a duly signed

Section 37(2) Undertaking to the Engineer prior to such entity entering the Site.

The Contractor acknowledges that this Section 37(2) Undertaking constitutes an agreement in

terms of Section 37(2) of the Occupational Health and Safety Act, in terms of which, all

responsibility (both civil and criminal) for health and safety matters in relation to the

performance of the Works by the Contractor and any of its employees, shall be that of the

Contractor.

In accepting such responsibility as set out in herein, the Contractor shall indemnify the

Employer against any loss, damage, injury or death, however caused, to the Contractor or to

any Subcontractors or any employees or agents of the Contractor and/or any Subcontractor

and shall hold the Employer harmless against all and any claims, losses, damages, liability,

costs and expenses of whatsoever nature, which the Employer may, at any time sustain or

incur arising out of the aforementioned circumstances; provided that such loss, damage, injury

or death is not caused by the wilful action or omission or gross negligence of the Employer.

CLAUSE 23 – GENERAL

Sub-Clause 23.1 – Entire Agreement

This Contract contains the entire agreement between the Parties as to the subject matter

hereof.

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Sub-Clause 23.2 – No Claim

No Party shall have any claim or right of action arising from any undertaking, representation or

warranty not included in this Contract.

Sub-Clause 23.3 – No Waiver

No failure by any Party to enforce any provision of this Contract shall constitute a waiver of

such provision or affect in any way that Party’s right to require performance of any such

provision at any time in the future, nor shall the waiver of any subsequent breach nullify the

effectiveness of the provision itself.

Sub-Clause 23.4 – Non-variation

No agreement to vary, add to or cancel this Contract shall be of any force or effect unless

reduced to writing and signed on behalf of the Parties to this Contract.

Sub-Clause 23.5 – Cession

No Party may cede any of its rights or delegate any of its obligations under this Contract without

the prior written consent of the other Party to this Contract.

Sub-Clause 23.6 – No Partnership

Nothing in this Contract shall constitute or be deemed to constitute a partnership between any

of the Parties, and none of them shall have the authority to bind the others in any way.

Sub-Clause 23.7 – Consent to Jurisdiction

The Parties hereby consent to the non-exclusive jurisdiction of the North Gauteng High Court,

Pretoria in connection with any action which any Party to this Contract may institute in

connection with this Contract.

Sub-Clause 23.8 – Subsequent Maintenance Contracts

The Contractor, on the instruction of the Engineer, shall instruct his mechanical and electrical

suppliers and/or subcontractors (as may be appropriate), based upon a Letter of Intent

included in the Tender, to enter into negotiations with the operator of the Works for the

implementation of maintenance contracts for the mechanical and electrical works, as may be

required by the operator. These maintenance contracts shall come into force immediately

following the Expiry Date or at such other time as may be agreed between the individual

suppliers and/or subcontractors and the operator and shall endure for such periods of time as

may be agreed between the individual suppliers and/or subcontractors and the operator.

To the extent that any manufacturers’ and/or suppliers’ warranties and/or guarantees, which

were vested in the Contractor, are still valid after the Expiry Date these are to be ceded

immediately following the Expiry Date to the operator by the Contractor and the relevant

warrantor or guarantor. The terms and conditions of such cessions shall form a part of the

maintenance contracts negotiated and agreed between the parties concerned. Should any

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extended warranties and/or guarantees from suppliers and /or subcontractors be available on

commercially reasonable terms and conditions these may also form a part of the maintenance

contract negotiations.”

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APPENDIX – GENERAL CONDITIONS OF DISPUTE AVOIDANCE/ADJUDICATION

AGREEMENT

Title

Replace “General Conditions of Dispute Avoidance/Adjudication Agreement” with “General Conditions of DAAB Agreement”.

Sub-Clause 1.2:

On both the first and third lines, replace “DAA Agreement” with “DAAB Agreement”.

Sub-Clause 1.3

On the first line, replace ““Dispute Avoidance/Adjudication Agreement” or “DAA Agreement” means” with:

“DAAB Agreement” is as defined under the Contract and is”.

On the first line of sub-paragraph (c), replace “DAA Agreement” with:

“DAAB Agreement”

Sub-Clause 1.7 to Clause 12:

In sub-paragraph (c) (ii), replace “chairman” with:

“chairperson”

Replace all instances of “DAA Agreement” with:

“DAAB Agreement”.

Sub-Clause 11.1:

On the second line, delete the text:

“, or in the case of a three-member DAAB the Other Members jointly,”

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C1.3 PERFORMANCE GUARANTEE


GUARANTOR DETAILS AND DEFINITIONS

"Guarantor" means:

Physical address:

"Employer" means: Polokwane Local Municipality

"Contractor" means:

"Engineer" means: Mafumu Consulting (Pty) Ltd

"Works" means: Works as per the scope of work in this document.

"Site" means: Polokwane Regional Wastewater Treatment Works site as described in this document

"Contract" means: The Agreement made in terms of the Form of Offer and Acceptance and such amendments or additions to the Contract as may be agreed in writing between the parties.

"Contract Sum" means: The accepted amount inclusive of tax of R …………………

Amount in words:

"Guaranteed Sum" means: The maximum aggregate amount of R

Amount in words:

"Expiry Date" means:

CONTRACT DETAILS

Engineer issues: Interim Payment Certificates, Final Payment Certificate and the Certificate Completion of the Works as defined in the Contract.

PERFORMANCE GUARANTEE

1. The Guarantor's liability shall be limited to the amount of the Guaranteed Sum.

2. The Guarantor's period of liability shall be from and including the date of issue of this Performance Guarantee and up to and including the Expiry Date or the date of issue by the Engineer of the Taking-Over Certificate for Whole-of-the-Works or the date of payment in full of the Guaranteed Sum, whichever occurs first. The Engineer and/or the Employer shall advise the Guarantor in writing of the date on which the Certificate of Completion of the Works has been issued.

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3. The Guarantor hereby acknowledge that:

3.1 any reference in this Performance Guarantee to the Contract is made for the purpose of convenience and shall not be construed as any intention whatsoever to create an accessory obligation or any intention whatsoever to create a suretyship;

3.2 its obligation under this Performance Guarantee is restricted to the payment of money.

4. Subject to the Guarantor's maximum liability referred to in 1, the Guarantor hereby undertakes to pay the Employer the sum certified upon receipt of the documents identified in 4.1 to 4.3:

4.1 A copy of a first written demand issued by the Employer to the Contractor stating that payment of a sum certified by the Engineer in an Interim or Final Payment Certificate has not been made in terms of the Contract and failing such payment within seven (7) calendar days, the Employer intends to call upon the Guarantor to make payment in terms of 4.2;

4.2 A first written demand issued by the Employer to the guarantor at the Guarantor's physical address with a copy to the Contractor stating that a period of seven (7) days has elapsed since the first written demand in terms of 4.1 and the sum certified has still not been paid;

4.3 A copy of the aforesaid payment certificate which entitles the Employer to receive payment in terms of the Contract of the sum certified in 4.

5. Subject to the Guarantor's maximum liability referred to in 1, the Guarantor undertakes to pay to the Employer the Guaranteed Sum or the full outstanding balance upon receipt of a first written demand from the Employer to the Guarantor at the Guarantor's physical address calling up this Performance Guarantee, such demand stating that:

5.1 the Contract has been terminated due to the Contractor's default and that this Performance Guarantee is called up in terms of 5; or

5.2 a provisional or final sequestration or liquidation court order has been granted against the Contractor and that the Performance Guarantee is called up in terms of 5; and

5.3 the aforesaid written demand is accompanied by a copy of the notice of termination and/or the provisional/final sequestration and/or the provisional liquidation court order.

6. It is recorded that the aggregate amount of payments required to be made by the Guarantor in terms of 4 and 5 shall not exceed the Guarantor's maximum liability in terms of 1.

7. Where the Guarantor has made payment in terms of 5, the Employer shall upon the date of issue of the Final Payment Certificate submit an expense account to the Guarantor showing how all monies received in terms of this Performance Guarantee have been expended and shall refund to the Guarantor any resulting surplus. All monies refunded to the Guarantor in terms of this Performance Guarantee shall bear interest at the prime overdraft rate of the Employer's bank compounded monthly and calculated from the date payment was made by the Guarantor to the Employer until the date of refund.

8. Payment by the Guarantor in terms of 4 or 5 shall be made within seven (7) calendar days upon receipt of the first written demand to the Guarantor.

9. Payment by the Guarantor in terms of 5 will only be made against the return of the original Performance Guarantee by the Employer.

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10. The Employer shall have the absolute right to arrange his affairs with the Contractor in any manner which the Employer may deem fit and the Guarantor shall not have the right to claim his release from this Performance Guarantee on account of any conduct alleged to be prejudicial to the Guarantor.

11. The Guarantor chooses the physical address as stated above for the service of all notices for al purposes in connection herewith.

12. This Performance Guarantee is neither negotiable nor transferable and shall expire in terms of 2, where after no claims will be considered by the Guarantor. The original of this Guarantee shall be returned to the Guarantor after it has expired.

13. This Performance Guarantee, with the required demand notices in terms of 4 or 5, shall be regarded as a liquid document for the purposes of obtaining a court order.

14. Where this Performance Guarantee is issued in the Republic of South Africa the Guarantor hereby consents in terms of Section 45 of the Magistrate's Courts Act No 32 of 1944, as amended, to the jurisdiction of the Magistrate's Court of any district having jurisdiction in terms of Section 28 of the said Act, notwithstanding that the amount of the claim may exceed the jurisdiction of the Magistrate's Court.

Signed at: ................................................................................................................................

Date: .......................................................................................................................................

Guarantor’s signatory: (1) ........................................................................................................

Capacity: .................................................................................................................................

Guarantor’s signatory: (2) ........................................................................................................

Capacity: .................................................................................................................................

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C1.4 RETENTION MONEY GUARANTEE (NOT APPLICABLE)


Brief description of Contract __________________________________________________

Name and address of Beneficiary______________________________________________

_________________________________________________________________________ (whom the Contract defines as the Employer).

We have been informed that ________________________hereinafter called the "Principal") is your contractor under such Contract and wishes to receive early payment of [part of] the retention money, for which the Contract requires him to obtain a guarantee.

At the request of the Principal, we (name of bank) _____________________________hereby irrevocably undertake to pay you, the Beneficiary/Employer, any sum or sums not exceeding in total the amount of ________________________ (the "guaranteed amount", say: _____________________________) upon receipt by us of your demand in writing and your written statement stating:

a) that the Principal has failed to carry out his obligation(s) to rectify certain defect(s) for which he is responsible under the Contract, and

b) the nature of such defect(s).

At any time, our liability under this guarantee shall not exceed the total amount of retention money released to the Principal by you, as evidenced by your notices issued under sub-clause 14.6 of the conditions of the Contract with a copy being passed to us.

Any demand for payment must contain your signature(s) which must be authenticated by your bankers or by a notary public. The authenticated demand and statement must be received by us at this office on or before (the date 70 days after the expected expiry of the Defects Notification Period for the Works) ____________________________ (the "expiry date"), when this guarantee shall expire and shall be returned to us.

We have been informed that the Beneficiary may require the Principal to extend this guarantee if the performance certificate under the Contract has not been issued by the date 28 days prior to such expiry date. We undertake to pay you such guaranteed amount upon receipt by us, within such period of 28 days, of your demand in writing and your written statement that the performance certificate has not been issued, for reasons attributable to the Principal, and that this guarantee has not been extended.

This guarantee shall be governed by the laws of The Republic of South Africaand shall be subject to the Uniform Rules for Demand Guarantees, published as number 458 by the International Chamber of Commerce, except as stated above.

Date:____________________________ Signature(s):_______________________________

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C1.5 AGREEMENT IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH AND SAFETY ACT NO 85 OF 1993


This agreement is mandatory for all contractors appointed by the Polokwane Municipality or any other institution that do work for or on behalf of Municipality.

This agreement is between:

THE CONTRACTOR

Herein represented by .............................................................................................................

In his capacity as .....................................................................................................................

being duly authorized hereto hereinafter referred to as “contractor”.

Compensation Commissioner Number: (Attach a copy of the Registration Certificate to this agreement)

Company:

Name:

Registration number:

CEO:

Name:

ID number:

Physical address:

And the POLOKWANE MUNICIPALITY

(Hereinafter referred to as “the Council”)

1 DEFINITIONS

1.1 CONTRACTOR: Means the “Contractor” as defined in the “Principal Contract”.

Annexed hereto in his capacity as mandatory.

1.2 MANDATORY: Includes an agent, contractor or subcontractor for work to be done or service rendered, but without derogating from his status in his own right as an employer of people or user of equipment, machinery, tools or materials.

1.3 THE PRINCIPAL CONTRACT: Means the contract annexed hereto as annexure “A”.

1.4 COUNCIL: Means the Polokwane Municipality

1.5 RISK CONTROL OFFICER: A person appointed in writing by Council.

1.6 Any definitions contained in any Statute hereinafter mentioned shall have the meaning allocated to it by the specific statute.

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2 OBJECTIVE

2.1 Whereas Council and the Contractor have entered into a contract for service (work) as fully indicated in the “Principle Contract” and whereas the “Contractor” agreed to indemnify Council against the risks stated hereunder whether foreseeable or not, and, whereas it is agreed between the parties that it is of cardinal importance to safeguard both Council and the Contractor’s obligation in terms of relevant legislation as well as to extend the obligation as a company and/or legal person and/or person as an entity concerned with health, safety and the environment.

2.2 These rules are applicable to all contractors performing work for Council within the jurisdictional area of the Council and on any premises, which are owned, rented or developed by the Council.

2.3 The Council acts though those officials or persons who are generally or specifically charge with the responsibility, in terms of legislation, as well as any other official or person who is generally or specifically charged with the control and supervision of the project.

IT IS HEREBY AGREED AS FOLLOWS:

3 INDEMNITIES

3.1 The “Contractor” hereby indemnifies the “Council” against any loss in respect of all claims, proceeding, damages, costs and expenses arising out of any claim or proceeding pertaining to the non-compliance by the “Contractor” of any statutory requirements and/or requirements regarding the following Acts in particular pertaining to the provisions of:

3.1.1 The Occupational Health and Safety Act 85 of 1993 (as amended), including the Construction Regulations, 2014 as promulgated on 7 February 2014, in terms of Section 43 of the Occupational Health and Safety Act, 1993 (Act No 85 of 1993), in Government Gazette No. 25207 and Regulation Gazette No. 37305.

3.1.2 The Health Act 63 of 1977.

3.1.3 Road Traffic Act 29 of 1989 (as amended).

3.1.4 Environment Conservation Act 73 of 1989.

3.1.5 The National Water Act 36 of 1998.

3.1.6 The Criminal Procedure Act 51 of 1977.

3.1.7 The Explosives Act 26 of 1956.

3.1.8 The Arms and Ammunition Act 75 of 1969.

3.1.9 Compensation for Occupational Injuries and Diseases Act 130 of 1993.

3.1.10 The Labour Relations Act 66 of 1995.

3.1.11 The Unemployment Insurance Act 30 of 1966 (as amended).

3.1.12 The Basic Conditions of Employment Act 75 of 1997 (as amended).

3.1.13 Standards Act 29 of 1993.

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3.1.14 any statutory provisions in any act and/or any law or bylaw of any local government and/or any published official standard incorporated into any statute or bylaw relating to the completion of the work set out in the “Principal Contract”.

3.1.15 Any other health and safety standard prescribed by the “Council”.

3.2 The “Contractor” shall ensure that he familiarizes himself with the requirements of the above legislation and that he, his employees and any subcontractor will comply with all the statutory provisions contained in them.

3.3 The “Contractor” shall indemnify the “Council” in respect of any physical loss or damage to any plant, equipment or other property belonging to the “Contractor” or for which he is responsible and he hereby indemnifies the “Council” against any loss in respect of all claims, proceedings, damages, costs and expenses consequent upon the loss of or damage to any plant, equipment or other property belonging to, or which is the responsibility of, any subcontractor, agent or employee of the subcontractor.

3.4 The “Contractor” shall and hereby indemnifies the “Council” against any liability, loss, claim or proceedings whatsoever, whether arising in common law or by statute, consequent on personal injuries to or the loss of health or death of any person whosoever arising out of or in the course of or caused by the execution of the “Principal Contract”.

3.5 The “Contractor” shall and hereby indemnifies the “Council” against any liability, loss, claim or proceedings consequent on loss of or damage to any movable or immovable property arising out of or in the course of or caused by the execution of the “Principal Contract” and due to any act or omission of the “Contractor”, his agents, servants or subcontractors.

4 PERFORMANCE SAFE WORKING PRACTICE

4.1 The “Council” requires a high standard of safe work performance from all employees and expects that the standard be maintained by the “Contractor” within the “Council’s” jurisdictional area or on its premises.

4.2 Irrespective of human considerations, the maintaining of these health and safety rules shall be the execution of the prescribed legal requirements. These rules are not to hinder the “Contractor” in rendering services or indemnify the “Contractor” from any legal responsibility to ensure healthy and safe work circumstances.

4.3 The “Council” shall assist the “Contractor” in any practical considerations to accommodate the healthy and safe execution of work and therefore require co-operation in the execution of these safety rules.

5 LOCK OUT PROCEDURE

5.1 When power or air driven machines or equipment, electrical apparatus or pipe lines are examined, repaired, adjusted, cleaned, lubricated or serviced in any other way than normal servicing, then all isolating switches, -levers, valves or appliances must be put in the “off” or “closed” position and locked.

5.2 Should more than one team work on a machine, then each person in control of a team, must put a separate lock on the switch, lever, valve or appliance.

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6 CRANES, VEHICLES AND HOISTING

6.1 For each crane or hoisting equipment used, the “Contractor” must submit a valid and recent test certificate or other form of the last examination of the machine or equipment, to the “Council”.

6.1.1 Only trained personnel with written permission and where determined by Law, with a valid driver’s license, may be allowed to operate any electrical diesel or petrol driver overhead crane, hydraulic or electrical hoisting equipment, self driven forklift, tractor or any other crane or vehicle. No employee of the “Contractor” may perform any overhead work or work on an overhead crane or hoisting equipment or work near cranes or crane rail, before:

(a) An agreement was concluded with the “Council”.

(b) Approval has been obtained from the “Council” to perform the work.

(c) All applicable danger – and warning symbolic signs are put into position, or exemption, if applied for, is in operation.

6.2 The “Contractor” shall be wholly responsible for any loss or damage to cranes, hoisting equipment, plant, machines or equipment brought onto the work site by the “Contractor”

7 MACHINE VALANCES, PROTECTION AND FENDING

7.1 No machine valances, protection or fending may be removed from machines, manholes, etc without the written permission of “Council” if applicable exemption procedures were not appropriated.

8 SCAFFOLD, LADDERS, TOOLS AND EQUIPMENT

8.1 No equipment or appliance belonging to “Council” may be used without written permission from “Council”.

8.2 Unless prior arranged, “Contractors” must bring sufficient tools and equipment to the site to finish the contract, including offices and storerooms. The mentioned equipment remains the responsibility of the “Contractor” with respect to loss, damage and theft.

8.3 In exceptional cases, where tools and equipment belonging to “Council” are used to finish the contract, the said equipment and tools are used on own risk and the “Contractor” indemnifies “Council” from any claims that may arise. The said indemnity must be in writing, as well as information regarding the loan period, identification and condition of tools and equipment. The “Contractor” is responsible for the returning of said tools and equipment in the same condition or better. The “Contractor” is responsible to “Council” for any damage or excessive wear of such tools or equipment and material.

9 EXCAVATIONS

9.1 Before any excavations commence, written permission must be obtained from “Council” to confirm the location of existing electrical cables, water pipes, etc.

9.2 All excavations and obstructions in floor, tar and dirt surfaces must be fenced effectively and safeguarded between sundown and sunup with a sufficient amount of red/yellow warning lights and symbolic signs.

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9.3 The surrounding area must be kept clean, safe and tidy during excavation. Excess material may not obstruct unnecessarily.

9.4 If any property is in danger during excavation, it must be supported and the proposed support work must be submitted to the Department of Labour (OHS) and “Council” for approval.

9.5 Written permission must be obtained from “Council” to grant admittance to restricted areas as well as areas where dangerous or poisonous gases are present.

10 FIRST AID

10.1 The “Contractor” must provide and maintain a first aid box equipped according to legal requirement where more than (5) five persons are employed. The first aid box must be in the care of a person with a competency certificate from one of the following organizations:

(a) SA Red Cross Association;

(b) St Johns Ambulance;

(c) SA First Aid League; or

(d) A person or organization approved by the Chief inspector for this purpose.

10.2 A visible notice must be put up on any work premises with the name of the person responsible for first aid. In an emergency “Council’s” Ambulance / Fire Department or emergency services may be contacted at (015) 290 2000.

11 FLAMMABLE LIQUIDS

11.1 The “Contractor” shall be held responsible for the necessary precautionary fire prevention measures. No smoking signs must be put up where applicable. The “Contractor’s” employees must be informed of “Council’s” fire prevention measures and evacuation procedures.

12 COMPENSATION BY CONTRACTOR

12.1 The “Contractor” shall be held responsible for all loss of and damage to property, the death or injury of persons, the resultant loss or damage suffered as well as all law suits, claims, costs, charges, fines and expenses due to negligence, violation of statutory liability or neglect of the “Contractor” or the “Contractor’s” employees.

13 TRANSGRESSION OF RULES AND MISBEHAVIOUR

13.1 The “Contractor” is warned that any act(s) leading to damage or loss of employees of the “Contractor” or the “Council” shall not be tolerated. The “Council” may (without any reason) demand that any employee of the “Contractor” be withdrawn from the principal “Contract” or site.

14 INCIDENT REPORTING

14.1 All incidents referred to in Section 24 of the Occupational Health and Safety Act and or other incidents shall be reported, by the “Contractor”, to the Department of Labour, as well as to the “Council” and should such an incident take place outside normal working hours, on a Saturday, Sunday or Public holiday provided with a written report relating to any incident.

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14.2 The “Council” will obtain an interest in the issue of any formal inquiry conducted in terms of the Occupational Health and Safety Act in any incident involving the “Contractor” and/or his employees and/or his subcontractors.

14.3 The “Contractor” undertakes to report to “Council” anything deemed to be unhealthy and/or unsafe and that he undertakes to verse his employees and/or subcontractors in this regard.

15 LIAISON AND SUPERVISION

15.1 The “Contractor” hereby undertakes to liaise on a regular basis with the designated Risk Control Officer and “Council” representative regarding any hazards or incidents that may be identified or encountered during the performance of the “Principal Contract”.

16 SERVICE INTERRUPTION

16.1 Should any work done by the “Contractor” cause a possible interruption, written permission must be obtained from “Council”, before such work commences. The “Contractor” may not switch on or off any compressed air, steam, oxygen, vacuum supply or electrical supply without written permission from the “Council”.

17 CONFIDENTIALITY

17.1 The “Contractor” and his employees shall regard all data, documentation and information of the contract and related documentation as confidential.

17.2 Lost documentation/plans or related documentation shall immediately be reported in writing to the “Council”.

17.3 The “Contractor” shall not put up any advertisements or billboard at the site without permission.

17.4 The “Contractor” shall not take photographs of the contract site or part thereof or any work process or part thereof, without written permission from the “Council”, or have photographs taken, published or let it be published.

18 CONTRACT SITE AND PRESERVATION

18.1 Employees of the “Contractor” shall not be allowed entrance to the site unless a valid identity document, issued by “Council”, is displayed. The mentioned documents shall only be valid for a limited period, where after it must be renewed.

19 COMPLETION OF WORK

19.1 The “Contractor” or his employees shall not leave the contract site before the “Council” is satisfied that the contract is completed according to the requirements and standards set out in the contract and that the working site is left in a satisfactory and safe condition.

20 LIQUOR, DRUGS, DANGEROUS WEAPONS AND FIREARMS

20.1 The “Contractor” shall ensure that no liquor, drugs, dangerous weapons or firearms be brought onto the premises.

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21 SEARCHES

21.1 The “Contractor” and any person engaged in the contract work may at any time be searched by “Council” appointed security personnel and all packages, suitcases, etc. must be presented to the access control point for examination prior to them being brought onto the property or leaving the property.

22 GENERAL CONDITIONS

22.1 Notwithstanding anything to the contrary in this agreement, it is hereby specifically determined that the “Contractor”:

22.1.1 shall have acquainted himself and be conversant with the contents of all statutory provisions applicable to the health and safety of workers and other persons on the site including the execution of the work, and in particular the conditions contained in the Occupational Health and Safety Act, 1993 (Act 85/1993), and the regulations promulgated in terms thereof, and shall comply therewith meticulously and in all aspects and/or take care that it is complied with;

22.1.2 shall be obliged to immediately execute all instructions given to him by an authorized representative of “Council” in order to ensure and uphold the implementation and enforcement of the provisions referred to in sub-paragraph 1, to the satisfaction of the said representative;

22.1.3 shall indemnify the “Council” against any or all liability which may be incurred by the “Council” as a result of the omission of the “Contractor”, his employees, sub-contractors and/or representatives to comply with the provisions referred to in sub-paragraph 1, or to ensure that it shall be complied with;

22.1.4 shall undertake to pay upon demand any and/or all legal costs and other expenses which “Council” may have incurred as a consequence of any criminal charges or other proceedings pending against, or involving the “Council” as a result of the contravention or non-compliance by the “Contractor”, his employees, sub-contractors and/or representative of any of the statutory provisions referred to in sub-paragraph 1.

22.1.5 Should the “Contractor” neglect to immediately execute any health and safety written orders issued to him, or to his employee in charge of the works, in terms of the stipulations of sub-paragraph 2, the “Council” shall be entitled to suspend the execution of the works and take the necessary steps to execute or have such order executed. Under these circumstances the contractor shall be obliged to pay “Council”, upon demand, all costs and expenses incurred by “Council”, in order to execute or have the said orders executed.

22.1.6 Should the abovementioned steps not establish a healthy and safe work environment the “Council” will be entitled to terminate the contract without incurring any further costs or claims from the contractor?

23 “CONTRACTOR” IDENTIFICATION BOARD

23.1 The “Contractor” shall provide on any work premises a temporary identification board containing at all worksites the following information:

(a) Company name on behalf of which division/department the work is being done.

(b) The contact number and name of the person representing the “Contractor”.

(c) The contact number and name of the person representing “Council”

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24 ACKNOWLEDGEMENT

24.1 The “Contractor” hereby acknowledges that he has read and received a copy of the “Principal Contract” and agrees to be bound by and undertakes to observe all the terms and conditions of the “Principal Contract”. This appointment is made in terms of Section 37(2) of the Occupational Health and Safety Act, 85 of 1993.

25 EXCEPTIONS AND OMISSIONS

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26 REMARKS

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THE CONTRACTOR

Signed at ………………….………… on this ……… day of ………………….………………….

Witnesses: 1 ........................................................................................................................

2 ........................................................................................................................

The Contractor .........................................................................................................................

THE COUNCIL

Signed at ………………….………… on this ……… day of ……………….………………….…

Witnesses: 1 ........................................................................................................................

2 ........................................................................................................................

The Council ..........................................................................................................................

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C1.6 DISPUTE AVOIDANCE/ADJUDICATION BOARD AGREEMENT

Name and details of the Contract _______________________________________________

__________________________________________________________________________

This Agreement made the _______ day of ______________ [month] ______________ [year]

Name and contact details of the Employer _____________________________________ (name)

_____________________________________ (address)

_____________________________________ (telephone)

_____________________________________ (email/other contact details)

Name and contact details of the Contractor _____________________________________ (name)

_____________________________________ (address)

_____________________________________ (telephone)


And Name and contact details of the DAAB Member _____________________________________ (name)

_____________________________________ (address)

_____________________________________ (telephone)


(“DAA Agreement”)

Whereas:

A. The Employer and the Contractor have entered (or intend to enter) into the Contract;

B. Under the Contract, the “DAAB” or “Dispute Avoidance/Adjudication Board” means the sole member or three members (as stated in the Contract Data of the Contract) so named in the Contract, or appointed under Sub-Clause 21.1 [Constitution of the DAAB] or Sub-Clause 21.2 [Failure to Appoint DAAB Members] of the Conditions of Contract;

C. The Employer and the Contractor desire jointly to appoint the above-named DAAB Member to act on the DAAB as:

a. The sole, member of the DAAB, and where this is the case, all references to the “Other Members” do not apply.

D. The DAAB Member accepts this appointment.

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The Employer, Contractor and DAAB Member jointly agree as follows:

1. The conditions of this DAAB Agreement comprise:

a. Clause 21 [Disputes and Arbitration] of the Conditions of Contract, and any other provisions of the Contract that are applicable to the DAAB’s Activities; and

b. The “General Conditions of Dispute Avoidance/Adjudication Agreement”, which is appended to the General Conditions of the “Conditions of Contract for Construction” Second Edition 2017 published by FIDIC (“GCs”), as amended and/or added to by the following provisions:

2. The DAAB Member shall be paid in accordance with Clause 9 of the GCs. The currency of payment shall be South African Rand.

In respect of Clause 9.1 and 9.2 of the GCs, the amounts of the DAAB Member’s monthly fee and daily fee shall be:

Monthly fee _________________________ per month; and

Daily fee ___________________________ per day

3. In consideration of the above fees, and other payments to be made to the DAAN Member in accordance with the GCs, the DAAB Member undertakes to act as DAAB Member in accordance with the terms of this DAA Agreement.

4. The Employer and the Contractor shall be jointly and severally liable for the DAAB Member’s fees and other payments to be made to the DAAB Member in accordance with the GCs.

5. This DAAB Agreement shall be governed by the law of the Republic of South Africa.

SIGNED by:_________________ SIGNED by:__________________ SIGNED by:___________________

Print Name: ________________ Print Name: _________________ the DAAB Member Title: __________________________ Title: _______________________ Title: _______________________

for and on behalf of the Employer for and on behalf of the Contractor

in the presence of in the presence of in the presence of

Witness: ___________________ Witness: ___________________ Witness: ______________________

Name: _____________________ Name: _____________________ Name: ________________________

Address: ___________________ Address: ___________________ Address: ______________________

___________________________ ___________________________ ______________________________

Date: ______________________ Date: ______________________ Date: _________________________

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PART C2 PRICING DATA

C2.1 PRICING INSTRUCTIONS ................................................................................... 181

C2.2 BILL OF QUANTITIES .......................................................................................... 185

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C2.1 PRICING INSTRUCTIONS

C2.1.1 GENERAL

The pricing instructions describe the criteria and assumptions which will be assumed in the Contract that the Bidder has taken into account when developing his prices. The Bills of Quantities record the Contractor’s rates for providing supplies, services, engineering and construction works in accordance with the Scope of Work.

The terms of payment and the provisions for price adjustment, if applicable, are established in the Conditions of Contract. These items are not described in the Pricing Data.

The Tenderer’s obligations in pricing the Tender offer and the Employer’s undertakings in the checking and correction of arithmetical errors are dealt with in the Standard Conditions of Tender contained in SANS 10845-3, as amended in and read in conjunction with the Tender Data.

C2.1.2 DOCUMENTS MUTUALLY EXPLANATORY

The documents forming the Contract are to be taken as mutually explanatory of one another. The Bill of Quantities forms an integral part of the Contract Documents and shall be read in conjunction with Parts T1-2 and C1-5.

C2.1.3 DEFINITIONS

For the purpose of this Bill of Quantities, the following words shall have the meanings hereby assigned to them:

Unit The unit of measurement for each item of work as defined in the Standard or Particular Specifications

Quantity The number of units of work for each item.

Rate The payment per unit of measurement at which the Contractor contracts to do the work.

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

Sum An amount contracted for an item, the extent of which is described in the Bill of Quantities, the specifications or elsewhere but the quantity of work of which is not measured in any units.

C2.1.4 DESCRIPTIONS

The descriptions given in the Measurement and Payment Clauses of the various Chapters of the Specification for the payment items indicate the work to be allowed for in the rates and prices for such payment items and do not necessarily repeat all the details of work and materials required by and described in the Specification and the Drawings. Therefore, the nature and extent of the Works are to be ascertained by reference to all the various documents comprising the Contract. Where Clause references are contained in item descriptions, these are given for guidance only and are not exclusive to other relevant provisions of the Contract.

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C2.1.5 REFERENCES

The clauses in a specification in which further information regarding the schedule item can be obtained appear under “Payment Refers to” in the Bill. The reference clauses indicated are not necessarily the only sources of information in respect of scheduled items. Further information and specifications may be found elsewhere in the contract documents.

C2.1.6 UNITS OF MEASUREMENT

The units of measurement indicated in the Bill of Quantities are metric units.

The following abbreviations are used in the Bill of Quantities:

% per cent

H hour

Ha hectare

Kg kilogram

Kl kilolitre

Km kilometre

km-pass kilometre-pass

kW kilowatt

L litre

M metre

Mm millimetre

MN meganewton

MN-m meganewton-metre

MPa megapascal

m² square metre

m³ cubic metre

m³-km cubic metre-kilometre

m²-pass square metre-pass

No number

PC Sum Prime Cost sum

Prov Sum Provisional sum

Sum lump sum

T ton (1 000 kg)

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C2.1.7 NET MEASUREMENTS

Unless otherwise stated, items are measured net in accordance with the drawings, and no allowance is made for off-cuts and waste.

C2.1.8 QUANTITIES

The quantities set out in these Bills of Quantities are approximate and do not necessarily represent the actual amount of work to be done. The quantities of work accepted and certified for payment will be used for determining payments due and not the quantities given in the Bills of Quantities.

The Contract Price to be determined in accordance with the Conditions of Contract shall be computed from the actual quantities of authorized work done, valued at rates determined in terms of the Conditions of Contract, against the respective items in the Bill of Quantities.

C2.1.9 CURRENCY

All rates and sums of money quoted in the Bill of Quantities shall be in Rand and whole cents. Fractions of a cent shall be discounted.

C2.1.10 VALUE ADDED TAX

Value Added Tax shall be excluded from the rates and sums contracted for the various items of work included in the Bill of Quantities. VAT will be added as a single entry to the summary.

C2.1.11 RATES AND PRICES

C2.1.11.1 General

The Contractor must price each item in the Bill of Quantities in BLACK INK. Reproduced computer printouts of the Bills of Quantities are to be submitted to assist the Employer with arithmetic checks, however the hard copy BOQ must be submitted and the hard copy BOQ will take precedence in the event of a discrepancy.

The rates and prices to be inserted in the Bill of Quantities shall cover all the services and incidentals for the work described under the several items. Such prices and rates shall cover all costs and expenses that may be required in and for the execution of the work described, and shall cover the cost of all general risks, liabilities and obligations set forth or implied in the documents on which the Tender is based, as well as overhead charges and profit. Reasonable prices shall be inserted as these will be used as a basis for assessment of payment for additional work that may have to be carried out.

Where the Contractor is required to furnish detailed drawings and designs or other information in terms of the Conditions of Contract or Specifications, all costs thereof shall be deemed to have been provided for and included in the unit rates and sum amounts contracted for the items scheduled in the Bill of Quantities. Separate additional payments will not be made.

A price or rate is to be entered against each item in the Bill of Quantities, whether the quantities are stated or not. An item against which no price is entered will be considered to be covered by the other prices or rates in the Bill. The Contractor will not be paid for items against which no rate or Sum has been entered in the Bill of Quantities.

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The Contractor shall be deemed to have taken due care in pricing the BoQ and, even where he has not priced separately and explicitly such items that in his opinion have been omitted, he shall be deemed to have made due allowance for such items in his rates and prices.

Should the Contractor group a number of items and contract one lump sum for such group of items, this single lump sum shall apply to that group of items and not to each individual item.

Should the Contractor indicate against any item that compensation for such item is included in another item, the rate for the item included in another item shall be deemed nil.

A submission may be regarded as non-responsive if any rates or lump sums in the Bill of Quantities are, in the opinion of the Employer, unreasonable or out of proportion.

C2.1.11.2 “Rate only” items

The Contractor shall fill in a rate (in the rate column) against all items where the words "rate only" appear in the Amount column, which rate will constitute payment for work which may be done in terms of this item. Such "rate-only" items are used where it is estimated that little or no work will be required under the item or where the item is to be considered as an alternative to another item for which a quantity is given.

C2.1.11.3 Arithmetic

Excepting where Sum Amounts are required or where Provisional Sums have been indicated, the Contractor shall enter an applicable rate in the Rate Column of the Bill of Quantities for each scheduled item. He shall also enter an appropriate sum in the Amount column for each scheduled item, by determining in the applicable line item the product of the Quantity and the Unit Rate.

If there is an error in the line item resulting from the product of the unit rate and the quantity, the rate shall be binding and the error of extension as entered in the Tender will be corrected by the Employer in determining the Contract Price.

Where there is an error in addition, either as a result of other corrections required by this checking process or in the Tenderer’s addition of prices, such error will be corrected by the Employer in determining the Contract Price.

C2.1.12 VARIATION IN TEXT

No alteration, erasure or addition is to be made in the text of the Bill of Quantities. Should any alteration, erasure or addition be made, it will not be recognized; the original wording of the Bill of Quantities will be adhered to.

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C2.2 BILL OF QUANTITIES

186

PART C3 SPECIFICATION

C3.1 DESCRIPTION OF THE WORKS ......................................................................... 187

C3.2 STANDARD SPECIFICATIONS ........................................................................... 192

C3.3 PARTICULAR SPECIFICATIONS ........................................................................ 193

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C3.1 DESCRIPTION OF THE WORKS

C3.1.1 EMPLOYER’S OBJECTIVES

The Employer’s objective is to construct the first phase of 20 Ml/d Conventional Activated Sludge (CAS) Bioreactor system as part of the newly proposed Polokwane Regional Wastewater Treatment Works (PRWWTW). The WWTW is being developed to facilitate the increase in treatment capacity for Polokwane Municipality and consequently allow further developments to occur within the area.

The new Polokwane Regional WWTW will initially supplement the existing Polokwane WWTW and Seshego WWTW with the intent to gradually decommission these works over time. The wastewater collected form the various areas will then be transported via a sewer pipe system to the new Polokwane Regional WWTW which will have projected final capacity of 100 Mℓ/day with the reactor itself operating with the presence of a flow balancing tank.

C3.1.2 OVERVIEW OF THE WORKS

An overview of the works pertaining to the Contract is provided in the description below:

1. Construction of a CAS WWTW with the earthworks completed by others

2. Design, supply installation, commissioning and trial operation of the Mechanical and Electrical requirements of the Works as specified.

The land on which the WWTW is to be constructed is undeveloped municipal land with no services. The geology of the area consists of weathered and transported granitic soils with shallow bedrock.

The Contract includes design obligations with respect to mechanical, electrical, control & instrumentation and building works components. The Contract also includes responsibilities for testing, commissioning, trial operation and resolution of defects.

C3.1.3 EXTENT OF THE CME CONTRACT WORKS

The design and supply of the Polokwane Regional WWTW includes the following:

The treatment works capacity was concluded to operate at a total of 20 Mℓ/day, which employs the CAS bioreactor configuration for biological nutrient removal.

The plant will discharge effluent into the Sand River which requires a high effluent quality. When operated according to the prescribed procedure the quality of effluent should comply with the Special Standards of the National Water Act of 1998, including minor effluent enhancements. The quality of the effluent should as minimum comply with the following standards:

COD - < 75 mg/ℓ

pH - 5.5 – 9.5

Free saline Ammonia as Nitrogen - < 1 mg/ℓ

Nitrate/Nitrite as Nitrogen - < 10 mg/ℓ

Orthophosphate as Phosphorus - < 1 mg/ℓ

Suspended solids - < 25 mg/ℓ

Flow from the primary settling tanks will enter the reactor works through a collection chamber. The construction of the inlet works, primary settling tanks, collection chamber, sludge

188

treatment train, and surrounding civil works, along with the design, supply and installation of the mechanical and electrical aspects as required also form part of this contract.

The new activated sludge reactor will be complete including all mechanical installations, electrical installations, pipework, civil works and structural works.

The following ancillary civil works are included:

Supply of a 20 Mℓ/day biological reactor;

Establishment of the Contractor’s Camp Site;

Site clearance;

Supply of inlet works,

Supply of Primary settling tanks,

Supply of balancing tank,

Supply of CAS BNR system with associated pump stations;

Supply of secondary clarifier,

Supply of chemical dosing facilities,

Supply of dewatering and sludge drying facilities,

Supply of disinfection facilities

Supply of anaerobic digestion facilities,

New building to house electrical equipment;

Hand railing;

Location, exposing and protection of existing services;

Excavation, trench preparation and compaction;

Supply, bedding and laying of pipes between various elements;

Backfilling and testing of installation;

Reinstatement of surfaces to original condition;

Mechanical work comprises the design, manufacture, supply, delivery, installation, testing, commissioning, trial operation and resolution of defects during the Defects Notification Period of the following:

a. Inlet Works: The design, supply, delivery, installation, testing and commissioning of:

(i) Mechanical front raked and hand-raked bar screens at the inlet works which includes screenings wash presses, associated screenings launder conveyors, and a skip dolly to house skips containing the removed screenings.

(ii) Sluice channel mounted gates with and without actuators

(iii) Provision of mechanical equipment for two new vortex degritters including all associated pumping and piping equipment, valves, grit classifiers and a skip dolly to house skips containing the removed grit

b. Primary Settling Tanks (PST’s): The design, supply, delivery, installation, testing and commissioning of the mechanical equipment associated with rotating bridges for two (2) new PST

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c. Flow Balancing Tank: The design, supply, delivery, installation, testing and commissioning of mixers.

d. Biological Reactor: The design, supply, delivery, installation, testing and commissioning of mixers and fine bubble aerostation.

e. Secondary Settling Tanks (SST’s): The design, supply, delivery, installation, testing and commissioning of the mechanical equipment associated with rotating bridges for four (4) new SST.

f. Thin Sludge Sump: The design, supply, delivery, installation, testing and commissioning of the mechanical equipment associated with the mixers.

g. Linear screens: The design, supply, delivery, installation, testing and commissioning of the mechanical equipment associated with the Linear screens.

h. Chlorine Disinfection Facility: The design, supply, delivery, installation, testing and commissioning of all equipment associated with a gaseous chlorine facility for disinfection of wastewater.

i. Wash-water pumps: The design, supply, delivery, installation, testing and commissioning of pumping equipment and associated filters to pump treated effluent for plant use.

j. RAS pump station: The design, supply, delivery, installation, testing and commissioning of new pumps and pipework for pumping of return activated sludge (RAS) to the Biological Reactor.

k. WAS pump station: The design, supply, delivery, installation, testing and commissioning of new pumps and pipework for pumping of waste activated sludge (WAS) to the thin sludge sump.

l. General:

(i) Provision of numerous sluices and weirs for the works.

(ii) Provision of pipework, valves and instrumentation at numerous locations on the plant.

(iii) Provision of lifting equipment.

(iv) Provision of pipework and instrumentation for flow meter chambers.

(v) Provision of spares as specified in the Contract.

Electrical work comprises the design, manufacture, supply, delivery, installation, testing, commissioning, trial operation and resolution of defects during the Defects Notification Period of the following:

a. Liaison with the supply authority (Polokwane Local Municipality) to coordinate the connection to MV supply

b. Surge arrestor to overhead lines termination pole

c. Underground cable from Mini-Sub to new Mini-Sub

d. One mini-sub, including three-way RMU

e. LV Motor controls centres

f. LV cables and cable support systems

g. Electrical actuators for valves and penstocks

h. Bonding and earthing

i. Lightning protection

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j. Provision of certificates of compliance

The Contractor’s obligations shall also include strict compliance with any environmental requirements and/or reports deemed to form part of this Contract as well as any Occupational Health and Safety requirements.

This description of the works is not necessarily complete and shall not limit the work to be carried out by the Contractor under the Contract.

C3.1.4 LOCATION OF THE WORKS

The location of the Works is North-East of Polokwane (See Location Plan in Volume 5 Book of Drawings.) and the limits of the project are as shown on the General Layout plan bound into the Volume 5 Book of drawings. The site shall not only include the works area for the construction of the new services, but shall be extended in the broader sense to take account of all areas occupied by the Contractor, be it deliberate or unintentional, in the execution of the contract.

Choosing a location for the site camp will be the responsibility of the successful tenderer assisted by the municipality in finding space in the ward.

C3.1.5 DESCRIPTION OF SITE AND CONDITIONS

The following site conditions shall be deemed to have been taken into consideration by the Contractor in the pricing of his Tender:

a. Altitude above sea level: 1214 m mean

b. Average maximum/minimum temperatures for Polokwane:

Month High / Low(°C)

January 29° / 17°

February 29° / 17°

March 28° / 16°

April 26° / 12°

May 24° / 8°

June 21° / 5°

July 21° / 5°

August 24° / 7°

September 27° / 11°

October 28° / 13°

November 28° / 15°

December 29° / 17

Source: National Centres for Environmental Information

c. Average Relative Humidity per month:

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Source: https://www.weather-atlas.com/en/south-africa/polokwane-climate#humidity_relative

d. Average Rainfall: Refer to Particular Conditions of Contract Sub-Clause 8.4 for a description of average rainfall conditions at the Site

C3.1.6 WORK TO BE CARRIED OUT BY OTHERS (UNDER SEPARATE CONTRACTS)

The following works will be carried out under separate contracts by other contractors:

a) Earthworks (including blasting of bedrock) for the new Polokwane Regional WWTW.

b) Construction of outfall sewers to the new Polokwane Regional WWTW.

The Contractor shall be required to undertake all reasonable endeavours to liaise with these other contractors in order that potential delays and additional costs are avoided insofar as is reasonably possible. ‘Reasonable endeavours’ shall include weekly co-ordination meetings with the other contractors, and implementing the actions agreed therein.

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C3.2 STANDARD SPECIFICATIONS

The standard specifications on which this contract is based are:

Specification Description

SANS 1200 A General (1986)

SANS 1200 AB Engineer’s office (1986)

SANS 1200 C Site clearance (1980)

SANS 1200 D Earthworks (1988)

SANS 1200 DB Earthworks (pipe trenches) (1988)

SANS 1220 DK Gabions and pitching (1996)

SANS 1200 DM Earthworks (roads, subgrade) (1981)

SANS 1200 G Concrete (Structural) (1982)

SANS 1200 H Structural steelwork (1990)

SANS 1200 HB Cladding and sheeting (1985)

SANS 1200 HC Corrosion protection of structural steelwork (1988)

SANS 1200 L Medium Pressure Pipelines (1983)

SANS 1200 LB LB Bedding (Pipes) (1983)

SANS 1200 LC Cable ducts (1981)

SANS 1200 LD Sewers (1982)

SANS 1200 LE Storm Water Drainage (1982)

SANS 1200 M Roads (general) (1996)

SANS 1200 ME Subbase (1981)

SANS 1200 MF Base (1981)

SANS 1200 MFL Base (light pavement structures) (1996)

SANS 1200 MJ Segmented paving (1984)

SANS 1200 MK Kerbing and channelling (1983)

SANS 1200 MM Ancillary roadworks (1984)

The SANS Specification is available from:

Office Address Postal Address

1 Dr Lategan Road Private Bag X191

Groenkloof Pretoria

Pretoria 0001

Telephone: Telefax:

National: 012 428 7911 National: 012 344 1568

International: +27 12 428 7911 International: +27 12 344 1568

Email: [email protected]

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C3.3 PARTICULAR SPECIFICATIONS

The Particular Specifications applicable to this Contract are the following:

Particular Specification Chapter 1: Amendments to SANS1200

Particular Specification Chapter 2: Civil

Particular Specification Chapter 3: Mechanical Specifications

Particular Specification Chapter 4: Electrical and Control & Instrumentation Specifications

Particular Specification Chapter 5: Building Works

Particular Specification Chapter 6: Commissioning and Trial Operations Specification

Particular Specification Chapter 7: Socio-Economic Development Specification

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C3.3.1 VARIATIONS TO STANDARD SPECIFICATIONS


C3.3.1.1 SANS 1200 A General (1986)

C3.3.1.2 SANS 1200 AB Engineer’s office (1986)

C3.3.1.3 SANS 1200 C Site clearance (1980)

C3.3.1.4 SANS 1200 D Earthworks (1988)

C3.3.1.5 SANS 1200 DB Earthworks (pipe trenches) (1988)

C3.3.1.6 SANS 1220 DK Gabions and pitching (1996)

C3.3.1.7 SANS 1200 DM Earthworks (roads, subgrade) (1981)

C3.3.1.8 SANS 1200 G Concrete (Structural) (1982)

C3.3.1.9 SANS 1200 H Structural steelwork (1990)

C3.3.1.10 SANS 1200 HA Structural steelwork (Sundry Items) (1990)

C3.3.1.11 SANS 1200 L Medium Pressure Pipeline (1983)

C3.3.1.12 SANS 1200 LB LB Bedding (Pipes) (1983)

C3.3.1.13 SANS 1200 LC Cable ducts (1981)

C3.3.1.14 SANS 1200 LD Sewers (1982)

C3.3.1.15 SANS 1200 LE Storm Water Drainage (1982)

C3.3.1.16 SANS 1200 M Roads General

C3.3.1.17 SANS 1200 ME Subbase (1981)

C3.3.1.18 SANS 1200 MF Base (1981)

C3.3.1.19 SANS 1200 MJ Segmented paving (1984)

C3.3.1.20 SANS 1200 MK Kerbing and Channelling

C3.3.1.21 SANS 1200 MM Ancillary Roadworks

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C3.3.2 CIVIL PARTICULAR SPECIFICATIONS


C3.3.2.1 No Fines Concrete

C3.3.2.2 Dayworks

C3.3.2.3 Concrete Retaining Block Walls

C3.3.2.4 Landscaping and Planting Plants

C3.3.2.5 Earthworks and Roads

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C3.3.3 MECHANICAL PARTICULAR SPECIFICATIONS


PART 1 Standard Specification

C3.3.3.1 SECTION 1 Contract Administration and General Requirement

C3.3.3.2 SECTION 2 Contractor's Establishment on Site

C3.3.3.3 SECTION 3 General Design

C3.3.3.4 SECTION 4 Testing and Commissioning

C3.3.3.5 SECTION 5 Corrosion Protection

C3.3.3.6 SECTION 6 Electric Motors

C3.3.3.7 SECTION 7 Structural Metalwork

C3.3.3.8 SECTION 8 Pipework

C3.3.3.9 SECTION 9 Flow-control Valves and Sluice Gates

C3.3.3.10 SECTION 10 Power Transmission Couplings

C3.3.3.11 SECTION 11 Gearboxes

C3.3.3.12 SECTION 12 Equipment for Measurement of Fluid/Flow Properties

C3.3.3.13 SECTION 13 Dry-well Pumps

C3.3.3.14 SECTION 14 Hoisting Equipment

C3.3.3.15 SECTION 15 Submersible Pumping Equipment

C3.3.3.16 SECTION 16 Mechanical Front Raked Screens

C3.3.3.17 SECTION 17 Manually Cleaned Screens

C3.3.3.18 SECTION 18 Surface Mounted Mechanical Mixers and Aerators

C3.3.3.19 SECTION 19 Baffles, Weirs and other Specially Fabricated Devices

C3.3.3.20 SECTION 20 Mechanically Scraped Settling Tanks

C3.3.3.21 SECTION 21 Gas chlorination equipment

C3.3.3.22 SECTION 22 Compressors and blowers

C3.3.3.23 SECTION 23 Mechanically cleaned micro channel screen

C3.3.3.24 SECTION 24 Mechanical degritter systems

C3.3.3.25 SECTION 25 Screenings Handling Equipment

C3.3.3.26 PART B Detail Specifications

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C3.3.4 ELECTRICAL PARTICULAR SPECIFICATIONS


C3.3.4.1 Performance Specification

C3.3.4.2 Commissioning Specification

C3.3.4.3 Cable Schedule

C3.3.4.4 Load Estimate

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C3.3.5 BUILDING WORKS PARTICULAR SPECIFICATIONS


To be provided in Addendum

199

C3.3.6 COMMISSIONING AND TRAIL OPERATIONS PARTICULAR SPECIFICATIONS


To be provided in Addendum

200

C3.3.7 COMMISSIONING AND TRAIL OPERATIONS PARTICULAR SPECIFICATIONS


C3.3.7.1 Socio-Economic Development Specification

C3.3.7.2 EPWP Specification

C3.3.7.3 Labour intensive Specification

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PART C4 SITE INFORMATION

C4.1 LOCALITY MAP ................................................................................................... 202

C4.2 GEOLOGICAL INVESTIGATION .......................................................................... 203

C4.3 GEOHYDROLOGICAL STATUS REPORT ........................................................... 204

202

C4.1 LOCALITY MAP

203

C4.2 GEOLOGICAL INVESTIGATION

.

204

C4.3 GEOHYDROLOGICAL STATUS REPORT

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PART C5 ANNEXURES

C5.1 WATER USE LICENSE .......................................................................................... 206

C5.2 ENVIRONMENTAL MANAGEMENT PLAN ............................................................ 207

C5.3 OHS SPECIFICATION ............................................................................................ 208

C5.4 BASELINE RISK ASSESSMENT ............................................................................ 209

C5.5 ENVIRONMENTAL AUTHORISATION ................................................................... 210

206

C5.1 WATER USE LICENSE

207

C5.2 ENVIRONMENTAL MANAGEMENT PLAN

208

C5.3 OHS SPECIFICATION

209

C5.4 BASELINE RISK ASSESSMENT

210

C5.5 ENVIRONMENTAL AUTHORISATION