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Page 1 NDLAMBE LOCAL MUNICIPALITY TENDER FOR PORT ALFRED EMERGENCY RO PLANT: PROFESSIONAL PROJECT MANAGEMENT SERVICES TENDER NO: 152/2020 TENDERER: TENDER AMOUNT: CLOSING DATE: 25 September 2020 CLOSING TIME: 12:00 TENDER BOX: Port Alfred Municipal Offices, Civic Centre Causeway For any other enquiries: [email protected]

TENDER FOR PORT ALFRED EMERGENCY RO PLANT ... - Ndlambe

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Page 1: TENDER FOR PORT ALFRED EMERGENCY RO PLANT ... - Ndlambe

Page 1

NDLAMBE LOCAL MUNICIPALITY

TENDER

FOR

PORT ALFRED EMERGENCY RO PLANT: PROFESSIONAL PROJECT MANAGEMENT SERVICES

TENDER NO: 152/2020

TENDERER:

TENDER AMOUNT:

CLOSING DATE: 25 September 2020

CLOSING TIME: 12:00

TENDER BOX: Port Alfred Municipal Offices, Civic Centre Causeway

For any other enquiries: [email protected]

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1. PART T1: TENDERING PROCEDURES

T1.1 Tender Notice and Invitation to tender

T2.2 Tender Data

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T1.1 TENDER NOTICE AND INVITATION TO TENDER

NDLAMBE LOCAL MUNICIPALITY

INVITATION TO SUBMIT TENDERS – PROVISION OF PROFESSIONAL PROJECT MANAGEMENT SERVICES IN

PORT ALFRED EMERGENCY RO PLANT PROJECT

Tenders are hereby invited from suitably qualified, experienced and skilled companies as per the following:

BID NAME/ DESCRIPTION Ward Tender No. Closing Date & Time

Provision of Professional Project Management

Services in Port Alfred Emergency RO plant project 10 152/2020

25/09/2020

12h00

Tender documents may be collected from Ndlambe Supply Chain Offices at No. 44 Campbell Street, Port Alfred, 6170

as from Thursday, 10th

September 2020 until Thursday, 24 September 2020 (Office hours 08h00 to 16h00). A non-

refundable cash deposit of R111.29 for each document is required OR can be downloaded free of charge from

https://ndlambe.gov.za/web/returnable-bid-documents/. Purchased Bid Documents will only be issued on a receipt

obtained from the cashier‟s office at Ndlambe Local Municipality. A copy of payment receipt is to be attached on the

document.

Due to Covid-19, a NON COMPULSORY briefing session will be held through the zoom meeting.

All companies who wish to bid and to attend the tender briefing should indicate via email at

[email protected] and municipality will forward them the ID for the virtual meeting. N.B PLEASE

REGISTER ON THIS EMAIL EVEN IF YOU ARE NOT GOING TO ATTEND THE BRIEFING SESSION.

Details of the meeting are:

Venue: Join Zoom Meeting

Date: Tuesday, 15 September 2020

Time: 14h00

Completed tender documents in sealed envelopes clearly written on the outside as per the bid document: e.g. „‟ Tender

No: 152/2020 Provision Professional Project Management Services in Port Alfred Emergency RO plant project‟‟

must be placed in the tender box at the Supply Chain Management Unit, First Floor, 44 Campbell Street, Port Alfred by no

later than 12h00 on 25 September 2020. Tenders will be opened in public at 12h05 on the same day.

Late submitted, unmarked, faxed, falsified or e-mailed offers will not be considered and will be disqualified.

1. SCOPE OF WORK

The project entails the design, build and operation of a 2Mℓ Seawater RO Plant and a 3Mℓ water re-use RO plant,

managed using the FIDIC Golden Book. The scope of works for the professional service provider includes the following:

Professional Project Management

Full professional construction project management services as defined by SACPCMP or PMI.

Fulfill the function of Employer‟s Representative for the duration of the FIDIC DBO contract.

Compile contracts document that will safe guard the interest of the client

Approves all works performed by the appointed service providers

Procurement of Additional Services, i.e. Environmental Practitioner and ECO will be done following SCM

processes.

Construction Health and Safety Agent (full SACPCMP or PMI service)

Additional Services by Subconsultants

Environmental Control Officer

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Budget and Project Milestones

Budget: 40% expenditure 31 December 2020 and 100% expenditure by 31 March 2021

Timeframe: 2Mℓ Seawater RO Plant commissioned 31 December 2020

3Mℓ water re-use RO plant commissioned 31 March 2021

BIDS WILL BE EVALUATED ON THE BASIS OF RESPONSIVENESS FIRST THEN FUNCTIONALITY AND ONLY

RESPONSIVE BIDS WILL BE EVALUATED IN PRICE.

Functionality: 100 points, Minimum qualifying points will be 70 for further evaluation. Detailed functionality is available in

the tender document.

ITEM Points

Functionality 100

Approach 10

Experience 50

Project Team 30

Location 10

TOTAL 100

BIDDERS SHALL TAKE NOTE OF THE FOLLOWING CONDITIONS:

No bid will be accepted from any bidder without any Professional Engineer/ Professional Technologist registered

with the Engineering Council of South Africa (ECSA) (whom his/her details must reflect on the company

registration documents)

Professional Registered Construction Professional Project Manager with the South African Council for the Project

and Construction Management Council for the Built Environment (SACPCMP) OR Project Management Institute

(PMI)

Late submission of bid document from the closing time and date will not be accepted.

Submission of an original tax clearance certificate issued by SARS OR a tax reference number and PIN or TCC

number must be provided in order to verify tax clearance.

Bidders must submit NQF Level 7 CETA certification for Labour Intensive Construction (LIC).

Submit a certified valid copy of Professional Indemnity Insurance.

Completion of the following forms (which are included in the returnable document) is compulsory: MBD 4, MBD 5,

MBD 8 and MBD 9

Completion of form MBD 6.1(which is included in the returnable document) is required only if B-BBEE preferential

points are claimed.

An original certified copy of the proof of B-BBEE status level must be submitted (Certificate or Affidavit) if B-BBEE

preferential points are claimed.

Bidders must submit company registration certificate and company profile.

In case of the Joint Venture, a memorandum of agreement indicating the level of involvement and responsibilities

of each joint venture partner must be submitted. Individual partners are to comply and submit all relevant

documents.

A Municipal account statement not older than 3 months, which covers both the company and its directors, must

accompany all bids, or in the case of leasing, the signed lease agreement/s.

Submission of evidence of registration of the company on the Central Supplier Database must be provided (CSD

“MAAA” number).

Failure to complete All the supplementary information will result in bidder being deemed non – responsive

Enquiries relating to the bid documents may be directed to Mrs. N. Vithi Masiza (Director Infrastructure) on telephone:

046 604 5500, email: [email protected]

NOTICE NUMBER: 152/2020 ADV R DUMEZWENI

10 September 2020 MUNICIPAL MANAGER

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T1.2 BID DATA

NDLAMBE MUNICIPALITY

Notice No: 152/2020

BID NAME: PROVISION OF PROFESSIONAL PROJECT MANAGEMENT SERVICES IN PORT ALFRED EMERGENCY RO PLANT PROJECT

The conditions of Bid are the standard conditions of Tender as contained in annexure F of Construction Industry Development Board, Standard for Uniformity in Construction Procurement: July 2015. The standard conditions of Tender for procurements make several references to the Bid data for details that apply specifically to this bid. The bid data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the standard conditions of tender.

Each item of data given below is cross-referenced to the clause in the standard conditions of tender to which it mainly applies.

Clause number

Bid Data

F.1.1 The employer is Ndlambe Municipality

F.1.2 The Bid documents issued by the employer comprise:

The Bid

Part T1: Bidding procedures

T1.1 Bidding Notice and Invitation to Bid

T1.2 Bid Data

Part T2: Returnable documents/ schedules

T2.1 List of Returnable Documents

The Contract

Part C1: Agreement and Contract Data

C1.2 Contract Data

Part C2: Pricing Data

C2.2 Bill of Quantities

Part C2: Scope of Work

C2.1 Scope of Work

F.1.4 The employer‟s agent is:

Name : Infrastructure Services Department

Ndlambe Municipality

Address : 44 Campbell Street, Port Alfred, 6170

Telephone : 046 604 5500

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Fax : 046 624 2669

A general set of prerequisites that have been identified for procurement by Ndlambe Municipality. All bidders must submit the information requested below. Bids will not be considered should the prerequisites not be met.

Compulsory registration with ECSA in order to be eligible to submit a bid, before the indicated deadline.

No bid will be accepted from any bidder without any Professional Engineer/ Professional Technologist registered with the Engineering Council of South Africa (ECSA) (whom his/her details must reflect on the company registration documents)

Professional Registered Construction Professional Project Manager with the South African Council for the Project and Construction Management Council for the Built Environment (SACPCMP) or Project Management Institute (PMI)

Submission of bid before the closing time and date.

Submission of an original tax clearance certificate issued by SARS OR a tax reference number and PIN or TCC number must be provided in order to verify tax clearance. In bids where Consortia / Joint Ventures are involved each party must submit a separate Tax Clearance Certificate. Copies of the Application for Tax Clearance Certificates are available at any Receiver‟s Office.

Bidders must submit NQF Level 7 CETA certification for Labour Intensive Construction (LIC).

Submit a certified valid copy of Professional Indemnity Insurance.

Submission of the following forms (which are obtainable from the Supply Chain Management Offices in Campbell Street of the municipal website): MBD 4, MBD 6.1, MBD 8, MBD 9

An original certified copy of the proof of B-BBEE status level must be submitted (Certificate or Affidavit).

Bidders must submit company registration certificate and company profile.

In case of the Joint Venture, a memorandum of agreement indicating the level of involvement and responsibilities of each joint venture partner must be submitted. Individual partners are to comply and submit all relevant documents.

A Municipal account statement not older than 3 months, which covers both the company and its directors, must accompany all bids, or in the case of leasing, the signed lease agreement/s.

Submission of evidence of registration of the company on the Central Supplier Database must be provided (CSD “MAAA” number).

The bid document must be completed in all respects in permanent ink.

Bids must be submitted in original Bid documents.

Bid documents must remain intact and no portion may be detached.

Note: Functionality will be applied as a prequalification criterion. In such criterion bids will have to score a minimum of 70 points in order to be evaluated further for price and BBBEE.

Details Item Max.

Points

Criteria 1: Approach 10

1.1 Construction Programme 5

Detailed Construction Programme (Gantt Chart) relevant to the Scope of Work. The Programme must demonstrate the Tenderer‟s approach and allocation of resources to achieve activities within the prescribed timeframes:

Excellent (Submitted an excellent project implementation plan showing environmental processes, OHS processes, detailed activities, expenditure and delivery milestones can be achieved.)

5

Fair (Submitted a realistic project implementation plan showing how expenditure and delivery milestones can be achieved.)

3

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Unacceptable (Programme does not show the milestones, or that they cannot be achieved.)

0

1.2 Methodology and Execution Strategy 5

Service provider to demonstrates the ability to implement the Construction Programme and have a work implementation, quality management and risk strategy assigned of the respective tasks for optimisation of resources and activities.

Excellent (Submitted an excellent methodology and execution strategy that demonstrates in detail how the project objectives will be achieved including SMME procurement, subcontractors, various disciplines, operational requirements, environmental processes and OHS processes and public participation.)

5

Fair (Submitted a clear methodology and execution strategy that demonstrates how the project objectives and that the bidder understands the approved feasibility study.)

3

Unacceptable (Does not demonstrate a basic implementation strategy linked with the construction programme and project objectives.)

0

Criteria 2: Experience (Unverified documentation will result in zero points) 50

2.1 Proof of experience in delivering fast tracked projects 50

Submit assessment forms (see Returnable document T2.1G and T2.1H) and Completion Certificates signed off by the applicable client, for successful completed projects exceeding R15 million (10 points per project to a maximum of 20 points as follows).

Water RO plant projects with monetary value ≥ R30 million

Water RO plant project with monetary value less than R30 million

Water/ Waste water reticulation project

20 15 15

Criteria 3:Project Team (Unverified documen ation will result in zero points) 30

3.1 Professional Construction Project Manager (PrCPM/PMP) 10

Professional Construction Project Manager registered with SACPCMP or PMI, with a minimum of 10 years‟ experience in the construction industry (submit CVs and original certified qualification and professional registration certificates).

3.2 Professional Engineer/ Technologist (Pr. Eng/ Pr. Tech) 15

Professional Engineer/ Professional Technologist registered with ECSA with a minimum of 10 years‟ experience in the construction industry (submit CVs and original certified qualification and professional registration certificates).

3.2 Professional Construction Health and Safety Agent (PrCHSA) 5

Professional Construction Health and Safety Agent registered with SACPCMP OR PMI (submit professional registration certificates).

Criteria 4: Location (Unverified documentation will result in zero points) Points are not accumulative.

10

4.1 Location of Company/ Firm 10

4.1.1 Companies located in the Eastern Cape South Africa. Bidders to submit Municipal account statement not older than 3 months or Signed lease agreement as proof. OR

10

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4.1.2 Companies located outside of Eastern Cape South Africa. Bidders to submit Municipal account statement not older than 3 months or Signed lease agreement as proof.

5

Maximum

Points

TOTAL EVALUATION SCORE FOR FUNCTIONALITY 100

F.2.7 A Non-compulsory briefing session will be held as detailed in Bidding Notice or in any addendum thereafter.

F.2.12 No alternative bid offer is permitted in this contract.

F.2.13.3 Parts of each bid offer communicated on paper shall be submitted as an original, plus Nil copies.

F.2.13.5 The employer‟s address for delivery of tender offers

Location of tender box : Supply Chain Offices,

Physical address : No. 44 Campbell Street, Port Alfred, 6170

F.2.13 A two-envelope procedure will not be followed

F.2.15

The closing time for submission of Bid offers is as detailed in Bidding Notice or in any addendum thereafter if applicable.

F.2.15 Telephonic, telegraphic, telex, facsimile or e-mailed Bid offers will not be accepted.

F.2.16 The bid offer validity period is 90 days from the closing date of bid submission.

F.2.23 The following certificates are to be provided:

- As per pre-requisite of Bid data mentioned above (Ref: F.2.1)

F.3.13.1 Bid offers will only be considered on condition that they are responsive.

F.3.18 The number of paper copies of the signed contract to be provided by the employer is 1.

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ADDITIONAL CONDITIONS OF BID

The additional conditions of Bid are:

1. COSTS INCURRED BY BIDDER

THE EMPLOYER WILL NEITHER BE RESPONSIBLE FOR NOR PAY ANY EXPENSES INCURRED OR LOSSES

SUFFERED BY ANY BIDDER IN THE PREPARATION OF THE BID OR IN VISITING THE SITE IN CONNECTION

THEREWITH

2. ACCEPTANCE OF BID

THE EMPLOYER DOES NOT BIND ITSELF TO ACCEPT THE LOWEST OR ANY BID OR TO FURNISH ANY

REASONS FOR THE ACCEPTANCE OR REJECTION OF A BID.

3. PERIOD OF VALIDITY OF BID AND WITHDRAWAL OF BID AFTER THE CLOSING DATE OF BID SUBMISSION

ALL BIDS SHALL REMAIN VALID FOR A PERIOD OF NINETY (90) DAYS FROM THE TIME AND DATE SET FOR

THE CLOSING OF BIDS, OR UNTIL THE BIDDER IS RELIEVED OF THIS OBLIGATION BY THE EMPLOYER, IN

WRITING, AT AN EARLIER DATE.

4. WITHDRAWAL OF BID DURING VALIDITY OR FAILURE IN SIGNING CONTRACT AGREEMENT AT AWARD

SHOULD A BIDDER:

- WITHDRAW HIS BID DURING THE PERIOD OF ITS VALIDITY; OR - GIVE NOTICE OF HIS INABILITY TO EXECUTE THE CONTRACT OR FAIL TO EXECUTE THE CONTRACT;

OR - FAIL TO SIGN THE CONTRACT AGREEMENT OR FURNISH THE REQUIRED SECURITY WITHIN THE

PERIOD FIXED IN THE CONTRACT DATA (C1.2) TO THE BID OR ANY EXTENDED TIME AGREED TO BY

THE EMPLOYER; THEN HE SHALL BE LIABLE FOR AND PAY TO THE EMPLOYER – i. ALL EXPENSES INCURRED IN CALLING FOR FRESH BIDS, IF IT SHOULD BE DEEMED ii. NECESSARY BY THE EMPLOYER TO DO SO; iii. THE DIFFERENCE BETWEEN HIS BID AND ANY LESS FAVOURABLE BID ACCEPTED EITHER BY

FRESH BIDS BEING CALLED OR BY ANOTHER BID BEING ACCEPTED FROM THOSE ALREADY

RECEIVED; iv. ANY ESCALATION OF THE FINAL CONTRACT PRICE RESULTING FROM ANY DELAY CAUSED

IN CALLING FOR FRESH BIDS OR ACCEPTING ANOTHER BID FROM THOSE ALREADY v. RECEIVED, AS THE CASE MAY BE.

AND THE EMPLOYER SHALL HAVE THE RIGHT TO RECOVER SUCH SUMS BY SET-OFF AGAINST ANY

MONEY WHICH MAY BE DUE OR BECOME DUE TO THE BIDDER, UNDER THIS OR ANY OTHER BID OR

CONTRACT BETWEEN THE EMPLOYER AND THE BIDDER, OR AGAINST ANY GUARANTEE OR DEPOSIT

WHICH MAY HAVE BEEN FURNISHED BY OR ON BEHALF OF THE BIDDER FOR THE DUE FULFILMENT OF THIS

OR ANY OTHER BID OR CONTRACT BETWEEN THE EMPLOYER AND THE BIDDER. PENDING THE

ASCERTAINMENT OF THE AMOUNT OF THE BIDDER’S LIABILITY TO THE EMPLOYER IN TERMS OF THIS

CONDITION OF BID, THE EMPLOYER MAY RETAIN SUCH MONIES, GUARANTEE OR DEPOSIT AS

SECURITY FOR ANY LOSS, WHICH THE EMPLOYER MAY SUSTAIN BY REASON OF THE BIDDER’S

DEFAULT.

PROVIDED ALWAYS THAT THE EMPLOYER MAY EXEMPT A BIDDER FROM THE PROVISIONS HEREOF, IF

IT IS OF THE OPINION THAT THE CIRCUMSTANCES JUSTIFY SUCH EXEMPTION.

REPUDIATION OF BID OR INVALIDATION OF CONTRACT If the Employer is satisfied that the Bidder or any person is being an employee, partner, director,

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member or shareholder of the Bidder or a person acting on behalf of or with the knowledge of the Bidder: a) HAS OFFERED, PROMISED OR GIVEN A BRIBE OR OTHER GIFT OR REMUNERATION TO ANY PERSON IN

CONNECTION WITH THE OBTAINING OR EXECUTION OF A CONTRACT; b) has acted in a fraudulent or corrupt manner in obtaining or executing a Contract; c) has approached an officer or employee of the Employer or Consulting Engineer with the

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

other person, firm or company: i. TO REFRAIN FROM BIDDING FOR THIS CONTRACT; ii. AS TO THE AMOUNT OF THE BID TO BE SUBMITTED BY EITHER PARTY;

e) has disclosed to any other person, firm or company other than the Employer, the exact or approximate amount of his proposed Bid except where the disclosure, in confidence, was

f) necessary in order to obtain insurance premium and surety quotations required for the preparation of the Bid;

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

5. SOUTH AFRICAN JURISDICTION

The laws of the Republic of South Africa shall be applicable to this Contract

6. AMENDMENTS TO BID BY EMPLOYER 1. Arithmetical Errors

The Employer shall check and correct arithmetical errors for responsive bids in the following manner as per CIDB guideline:

i. WHERE THERE IS A DISCREPANCY BETWEEN THE AMOUNTS IN FIGURES AND IN WORDS, THE

AMOUNT IN WORDS SHALL GOVERN. ii. IF THE PRICING (OR BILLS OF QUANTITIES OR SCHEDULE OF QUANTITIES OR SCHEDULE OF

RATES) APPLY AND THERE IS AN ERROR IN THE LINE ITEM TOTAL RESULTING FROM THE

PRODUCT OF THE UNIT RATE AND THE QUANTITY, THE LINE ITEM TOTAL SHALL GOVERN AND THE

RATE SHALL BE CORRECTED. WHERE THERE IS AN OBVIOUSLY GROSS MISPLACEMENT OF THE

DECIMAL POINT IN THE UNIT RATE, THE LINE ITEM TOTAL AS QUOTED SHALL GOVERN, AND THE

UNIT RATE SHALL BE CORRECTED. iii. WHERE THERE IS AN ERROR IN THE TOTAL OF THE PRICES EITHER AS A RESULT OF OTHER

CORRECTIONS REQUIRED BY THIS CHECKING PROCESS OR IN THE BIDDER’S ADDITION OF

PRICES, THE TOTAL OF THE PRICES SHALL GOVERN AND THE BIDDER WILL BE ASKED TO REVISE

SELECTED ITEM PRICES (AND THEIR RATES IF BILLS OF QUANTITIES APPLY) TO ACHIEVE THE

TENDERED TOTAL OF THE PRICES. 2. Imbalance in Bid Rates

In the event of there being Bid rates or lump sums being declared by the Employer to be

unacceptable to him, because they are either excessively low or high or not in proper balance with other rates or lump sums, the Bidder may be required to produce evidence and advance arguments in support of the Bid rates or lump sums objected to. If, after submission of such evidence and any further evidence requested, the Employer is still not satisfied with the Bid rates or prices objected to, he may request the Bidder to amend these rates and prices along the lines indicated by him.

The Bidder will then have the option to alter and/or amend the rates and lump sums objected to and such other related amounts as are agreed on by the Employer, but this shall be done without altering the Bid Sum.

Should the Bidder fail to amend his Bid in a manner acceptable to the Employer, it should result rejection of the bid unless the Employer decided otherwise.

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Part T2: Returnable Documents

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T2.1 LIST OF RETURNABLE DOCUMENTS

Stage 1: In order for the bid to be assessed for responsiveness the following returnable documents are required for the evaluation purposes.

T2.1 A Company registration details T2.1 B Certificate of Attendance to briefing meeting T2.1 C Record of Addenda to Bid Documents T2.1 D Professional Indemnity Details T2.1 E Schedule of Proposed Sub-Consultants T2.1 F Schedule of Bidder‟s Experience T2.1 G Project number 1 Assessment Form T2.1 H Project number 2 Assessment Form T2.1 I Qualifications of Bid T2.1 J Declaration of bidder‟s past supply chain management practices (MBD 8) T2.1 K Declaration of interest (MBD 4) T2.1 L Joint Venture Disclosure Form T2.1 M Certificate of independent bid determination (MBD9) T2.1 N Central supplier database report T2.1 O Tax Clearance Certificate

T2.1 P Municipal Rates Clearance Certificate

T2.1 Q Valid Original or Certified B-BBEE Certificate

T2.1 R Preference Points Claim Form In Terms Of The Preferential Procurement Regulations 2017

T2.1 S Declaration For Procurement Above R5 Million (Vat Included) MBD 5

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T2.1 A COMPANY REGISTRATION DETAILS Indicate the status of the Bidder by ticking (√) the appropriate box hereunder:

A Company

B Partnership

C Joint Venture

D Sole Proprietor

E Close Corporation

The Bidder must complete the certificate set out hereunder for the relevant category only. A. CERTIFICATE FOR COMPANY I, (Mr./ Miss./ Mrs./ Ms.) _______________________________________________, chairperson of

the board of directors of

_________________________________________________________________________, hereby

confirm that by resolution of the board (copy attached) taken on the ___________________ 20___,

(Mr./ Miss./ Mrs./ Ms.) _____________________________________________________________

acting in the capacity of ________________________________________________________, was

authorised to sign all documents in connection with this Bid and any contract resulting from it on behalf

of the company/ firm.

Authorised signature of (Mr./ Miss./ Mrs./ Ms.) __________________________________________________ is hereunder: _______________________________________________ Enclosed herewith Certificate of Business Registration (Registration with Dept of Trade Industry) __________________________________________ _______________ Chairperson Date As witnesses: 1. ________________________________________ _______________ Date 2. ________________________________________ _______________ Date

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T2.1 B CERTIFICATE OF TENDERER'S ATTENDANCE AT CLARIFICATION MEETING (MBD 5)

This is to certify that, I ...............................................................................................................................

Representative of (Tenderer) ...................................................................................................................

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

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

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

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

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

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

Telephone number: ..............................................................................................................................

Fax number: ..............................................................................................................................

in the company of (Employer‟s representative) ........................................................................................

attended tender clarification meeting on (date) ........................................................................................

I further certify that I have made myself familiar with all conditions in this document, that I am satisfied with the description of the work and the explanations given by the Client and that I understand perfectly the work to be performed, as specified and implied, in this contract.

TENDERER'S REPRESENTATIVE: (Signature) .................................................................................

(Name) ......................................................................................

EMPLOYER‟S AGENT'S REPRESENTATIVE: (Signature) ...................................................................

(Name) ......................................................................................

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T2.1 C RECORD OF ADDENDA TO BID DOCUMENTS

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

Addenda no. Date Title or Details

1.

2.

3.

4.

5.

6.

Attach additional pages if more space is required.

Signed ________________________________________ Date ______________________

Name __________________________________ Position _________________________

Bidder ________________________________________________________________________

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T2.1 D PROFESSIONAL INDEMNITY DETAILS

I/we have the following Professional Indemnity (PI) for the project in accordance with clause 5.4.1 of the contract data:

Name of Institution: ____________________________________________________________________

Located at: ___________________________________________________________________________

Name of Contact Person: (Mr./ Miss./ Mrs./ Ms.) _____________________________________________

Telephone No.: _______________________________, Fax: ___________________________________

Value of the PI: R _____________________________, Expiry Date: ______________________ 20___ _

(A certified copy of the PI certificate must be attached for the bid to be responsive).

Signed ________________________________________ Date ______________________

Name __________________________________ Position _________________________

Bidder ________________________________________________________________________

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T2.1 E SCHEDULE OF PROPOSED SUB-CONSULTANTS

Bidder to list all proposed sub-consulting services required for the successful completion of this contract. Note that all sub-consulted services will be advertised following Ndlambe SCM Policy and will be evaluated as such. This should include specialist sub-consultants e.g. Survey, OHS, and any other similar.

# Name and address of proposed Sub-consultants

Nature and extent of work that will be sub-contracted

Previous experience with Sub-consultants

1.

2.

3.

4.

5.

6.

Attach additional pages if more space is required.

Signed ________________________________________ Date ______________________

Name __________________________________ Position _________________________

Bidder ________________________________________________________________________

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T2.1F SCHEDULE OF THE BIDDER‟S EXPERIENCE

The following is a statement of similar work successfully executed by myself/ourselves:

Employer, contact person and telephone number

Description of contract Value of work

inclusive of VAT (Rand)

Date completed

Attach additional pages if more space is required.

Signed ________________________________________ Date ______________________

Name __________________________________ Position _________________________

Bidder ________________________________________________________________________

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T2.1G PROJECT NUMBER 1 ASSESSMENT FORM

Company name

Project name

Location of project

Project start date

Project end date

Total project value

Brief description of work done on this project

Disciplines undertaken

Details of client for reference purposes

Name

Institution Name

Contact Details

PERFORMANCE ASSESSMENT

Please score and comment on the attributes listed below Score

out of 10 Comment

Overall professional skills relevant to discipline

Quality and completeness of documentation / drawings issued

compliance with programme for issuing of information

Application of resources to project

Site inspections / administration

Contractual acumen

Willingness to work as a team with other consultants, contractor and client

Provision of, and accuracy of AS-Built and contract records

Total Score (sum of all scores)

The reference to please provide a score (0 – poor, 5 – satisfactory, 7 – good, 10 – excellent, intermediate numbers may also be scored) and comment

on the consultant‟s performance on the listed project.

Referee name: ........................................Referee signature: ............................................................

Designation: ……………………………………………...Date: ...........................................................

Tel:…………………………………...Company/ClientStamp:

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T2.1H PROJECT NUMBER 2 ASSESSMENT FORM

Company name

Project name

Location of project

Project start date

Project end date

Total project value

Brief description of work done on this project

Disciplines undertaken

Details of client for reference purposes

Name

Institution Name

Contact Details

PERFORMANCE ASSESSMENT

Please score and comment on the attributes listed below Score

out of 10 Comment

Overall professional skills relevant to discipline

Quality and completeness of documentation / drawings issued

compliance with programme for issuing of information

Application of resources to project

Site inspections / administration

Contractual acumen

Willingness to work as a team with other consultants, contractor and client

Provision of, and accuracy of AS-Built and contract records

Total Score (sum of all scores)

The reference to please provide a score (0 – poor, 5 – satisfactory, 7 – good, 10 – excellent, intermediate numbers may also be scored) and comment

on the consultant‟s performance on the listed project.

Referee name: ........................................Referee signature: ............................................................

Designation: ……………………………………………...Date: ...........................................................

Tel:…………………………………...Company/ClientStamp

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T2.1 I QUALIFICATIONS OF BID

Should the Bidder wish to qualify his Bid in any manner, then full details of all such qualifications must be fully described on this form or on separate sheets attached to this form, all in accordance with the provisions of Conditions of Bid.

Attach additional pages if more space is required.

Signed ________________________________________ Date ______________________

Name __________________________________ Position _________________________

Bidder ________________________________________________________________________

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T2.1J DECLARATION OF BIDDER‟S PAST SUPPLY CHAIN MANAGEMENT PRACTICES (MBD 8)

1 This Municipal Bidding Document must form part of all bids invited.

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

3 The bid of any bidder may be disregarded if that bidder, or any of its directors have- a. abused the institution‟s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract.

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

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s database as companies or persons prohibited from doing business with the public sector?

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

Yes

No

4.1.1 If so, furnish particulars (Attach additional pages if more space required):

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

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) 3265445.

Yes

No

4.2.1 If so, furnish particulars (Attach additional pages if more space required):

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

Yes

No

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4.3.1 If so, furnish particulars (Attach additional pages if more space required):

4.4 Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

Yes

No

4.4.1 If so, furnish particulars (Attach additional pages if more space required):

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME) _____________________________________________________

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS 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.

Signed ________________________________________ Date ______________________

Position _______________________________________

Bidder ________________________________________________________________________

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2.1K DECLARATION OF INTERESTS MBD 4

DECLARATION OF INTEREST

1. Any legal person, including persons employed by the state¹, or persons having a kinship with persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes a price quotation, advertised competitive bid, limited bid or proposal). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where-

- the bidder is employed by the state; and/or

- the legal person on whose behalf the bidding document is signed, has a relationship with persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid.

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

2.1 Full Name of bidder or his or her representative: .....................................................................

2.2 Identity Number: .......................................................................................................................

2.3 Position occupied in the Company (director, trustee, shareholder²): .......................................

2.4 Company Registration Number: ...............................................................................................

2.5 Tax Reference Number: ...........................................................................................................

2.6 VAT Registration Number: .......................................................................................................

2.6.1 The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference numbers and, if applicable, employee / persal numbers must be indicated in paragraph 3 below.

¹“State” means –

(a) any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999);

(b) any municipality or municipal entity;

(c) provincial legislature;

(d) national Assembly or the national Council of provinces; or

(e) Parliament.

²” Shareholder” means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise.

2.7 Are you or any person connected with the bidder presently employed by the state? ................................................................................................................................. YES / NO 2.7.1 If so, furnish the following particulars:

Name of person / director / trustee / shareholder/ member: ............ …....…………………………

Name of state institution at which you or the person connected to the bidder is employed: .........................................................................................

Position occupied in the state institution: ........................................ …………….…………………

Any other particulars: ............................................. ……………………………….………………… 2.7.2 If you are presently employed by the state, did you obtain

YES / NO

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the appropriate authority to undertake remunerative

work outside employment in the public sector? 2.7.2.1 If yes, did you attach proof of such authority to the bid YES / NO

document?

(Note: Failure to submit proof of such authority, where

applicable, may result in the disqualification of the bid. 2.7.2.2 If no, furnish reasons for non-submission of such proof:

.................................................................................................................................................... 2.8 Did you or your spouse, or any of the company‟s directors / YES / NO

trustees / shareholders / members or their spouses conduct

business with the state in the previous twelve months? 2.8.1 If so, furnish particulars:

......................................................................................................................................... 2.9 Do you, or any person connected with the bidder, have YES / NO

any relationship (family, friend, other) with a person

employed by the state and who may be involved with

the evaluation and or adjudication of this bid?

2.9.1 If so, furnish particulars.

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

2.10 Are you, or any person connected with the bidder, YES/NO

aware of any relationship (family, friend, other) between

any other bidder and any person employed by the state

who may be involved with the evaluation and or adjudication

of this bid?

2.10.1 If so, furnish particulars.

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

2.11 Do you or any of the directors / trustees / shareholders / members YES/NO

of the company have any interest in any other related companies

whether or not they are bidding for this contrac

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2.11.1 If so, furnish particulars:

......................................................................................................................................... 3 FULL DETAILS OF DIRECTORS / TRUSTEES / MEMBERS / SHAREHOLDERS.

Full Name Identity Number

Personal Tax Reference Number

State Employee Number / Persal

Number

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4. DECLARATION

I, the undersigned (name)……………………………………………………………………… certify that the information furnished in paragraphs 2 and 3 above is correct. I accept that the Employer may reject the bid or act against me in terms of paragraph 23 of the general conditions of contract should this declaration prove to be false.

SIGNED

DATE

NAME

POSITION

TENDERER

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T2.1L A CERTIFICATE FOR JOINT VENTURE

We, the undersigned, are submitting this Bid offer in Joint Venture and hereby authorise (Mr./ Miss./ Mrs./ Ms.)

_______________________________________________________, authorised signatory of the company/ firm

_______________________________________________________________________, acting in the capacity of lead

partner, to sign all documents in connection with this Bid and any contract resulting from it on our behalf.

Authorised signature of (Mr./ Miss./ Mrs./ Ms.) __________________________________________________ is hereunder: _______________________________________________ Enclosed herewith Certificates of Businesses Registrations (Registration with Dept of Trade Industry) for all of us 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 & CAPACITY

% SHARE IN JOINT

VENTURE

Lead partner

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B. CERTIFICATE FOR SOLE PROPRIETOR I, (Mr./ Miss./ Mrs./ Ms.) ______________________________________________, hereby confirm that I am the sole

owner of the business trading as (Name of Company) __________________________________________

_________________________________________ at (Address) _____________________________________

_________________________________________.

Enclosed herewith Certificate of Business Registration (Registration with Dept of Trade Industry) __________________________________________ ______ _________ (Designation): Date As witnesses: 1. ________________________________________ _______ ________ Date 2. ________________________________________ ____________ ___ Date

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C. CERTIFICATE FOR PARTNERSHIP We, the undersigned, being the key partners in the business trading as ________________________________

________________________________________________________, hereby authorise (Mr./ Miss./ Mrs./ Ms.)

_____________________________________________, acting in the capacity of _______________________

____________________________________, to sign all documents in connection with this Bid and any contract resulting

from it on our behalf.

Authorised signature of (Mr./ Miss./ Mrs./ Ms.) __________________________________________________ is hereunder: _______________________________________________ Enclosed herewith Certificate of Business Registration (Registration with Dept of Trade Industry)

NAME ADDRESS SIGNATURE DATE

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

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D. CERTIFICATE FOR JOINT VENTURE

We, the undersigned, are submitting this Bid offer in Joint Venture and hereby authorise (Mr./ Miss./ Mrs./ Ms.)

_______________________________________________________, authorised signatory of the company/ firm

_______________________________________________________________________, acting in the capacity of lead

partner, to sign all documents in connection with this Bid and any contract resulting from it on our behalf.

Authorised signature of (Mr./ Miss./ Mrs./ Ms.) __________________________________________________ is hereunder: _______________________________________________ Enclosed herewith Certificates of Businesses Registrations (Registration with Dept of Trade Industry) for all of us 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 & CAPACITY

% SHARE IN JOINT

VENTURE

Lead partner

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E. CERTIFICATE FOR SOLE PROPRIETOR I, (Mr./ Miss./ Mrs./ Ms.) ______________________________________________, hereby confirm that I am the sole

owner of the business trading as (Name of Company) __________________________________________

_________________________________________ at (Address) _____________________________________

_________________________________________.

Enclosed herewith Certificate of Business Registration (Registration with Dept of Trade Industry) __________________________________________ _______________ (Designation): Date As witnesses: 1. ________________________________________ _______________ Date 2. ________________________________________ _______________ Date

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F. CERTIFICATE FOR CLOSE CORPORATION We, the undersigned, being the key members in the business trading as __________________________

____________________________________________________ hereby authorise (Mr./ Miss./ Mrs./ Ms.)

_____________________________________________, acting in the capacity of ___________________

______________________________________, to sign all documents in connection with this Bid and any contract

resulting from it on our behalf.

Authorised signature of (Mr./ Miss./ Mrs./ Ms.) _____________________________________________ is hereunder: _______________________________________________ Enclosed herewith Certificate of Business Registration (Registration with Dept of Trade Industry)

NAME ADDRESS SIGNATURE DATE

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

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T2.1M CERTIFICATE OF INDEPENDENT BID DETERMINATION (MBD 9)

MBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

1 This Municipal Bidding Document (MBD) must form part of all bids¹ invited.

2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement

between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in

a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se

prohibition meaning that it cannot be justified under any grounds.

3 Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must provide measures for the combating of abuse of the supply chain management system, and must enable the accounting officer, among others, to:

a. take all reasonable steps to prevent such abuse;

b. reject the bid of any bidder if that bidder or any of its directors has abused the supply chain management system of the municipality or municipal entity or has committed any improper conduct in relation to such system; and

c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act during the bidding process or the execution of the contract.

4 This MBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids

are considered, reasonable steps are taken to prevent any form of bid-rigging.

5 In order to give effect to the above, the attached Certificate of Bid Determination (MBD

9) must be completed and submitted with the bid:

¹ Includes price quotations, advertised competitive bids, limited bids and proposals.

² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise

prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding

process. Bid rigging is, therefore, an agreement between competitors not to compete.

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CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

(Bid Number and Description)

in response to the invitation for the bid made by:

(Name of Municipality / Municipal Entity)

do hereby make the following statements that I certify to be true and complete in every

respect: I certify, on behalf of: that:

(Name of Bidder)

1. I have read and I understand the contents of this Certificate;

2. I understand that the accompanying bid will be disqualified if this Certificate is found not

to be true and complete in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying

bid, on behalf of the bidder;

4. Each person whose signature appears on the accompanying bid has been authorized

by the bidder to determine the terms of, and to sign, the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the

word “competitor” shall include any individual or organization, other than the bidder,

whether or not affiliated with the bidder, who:

(a) has been requested to submit a bid in response to this bid invitation; (b) could potentially submit a bid in response to this bid invitation, based

on their qualifications, abilities or experience; and

(c) provides the same goods and services as the bidder and/or is in the

same line of business as the bidder

6. The bidder has arrived at the accompanying bid independently from, and without

consultation, communication, agreement or arrangement with any competitor.

However

communication between partners in a joint venture or consortium³ will not be construed

as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no

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consultation, communication, agreement or arrangement with any competitor regarding:

(a) prices;

(b) geographical area where product or service will be rendered (market allocation)

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit, a bid;

(e) the submission of a bid which does not meet the specifications and conditions of the bid; or

(f) bidding with the intention not to win the bid.

8. In addition, there have been no consultations, communications, agreements or arrangements with any

competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the

products or services to which this bid invitation relates.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or

indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the

contract.

³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts,

skill and knowledge in an activity for the execution of a contract.

I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation.

…………………………………… ……………………………

Signature Date

…………………………………………………. ……………………………

Position Name of Bidder

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2.1N Central supplier database report

Submit proof of CSD registration

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T2.1 O TAX CLEARANCE CERTIFICATE MBD 2

It is a condition of Tender that the taxes of the successful Tenderer must be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the Tenderer‟s tax obligations.

1. In order to meet this requirement Tenderers are required to complete in full the attached form TCC 001 “Application for a Tax Clearance Certificate” and submit it to any SARS branch office nationally. The Tax Clearance Certificate Requirements are also applicable to foreign Tenderers / individuals who wish to submit Tenders.

2. SARS will then furnish the Tenderer with a Tax Clearance Certificate that will be valid for a period of 1 (one) year from the date of approval.

3. The original Tax Clearance Certificate must be submitted together with the Tender. Failure to submit the original and valid Tax Clearance Certificate will result in the invalidation of the Tender. Certified copies of the Tax Clearance Certificate will not be acceptable.

4. In Tenders where Consortia / Joint Ventures / Sub-Contractors are involved, each party must submit a separate Tax Clearance Certificate.

5. Copies of the TCC 001 “Application for a Tax Clearance Certificate” form is available from any SARS branch office nationally or on the website www.sars.gov.za.

6. Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this provision, taxpayers will need to register with SARS as eFilers through the website www.sars.gov.za.

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T2.1P MUNICIPAL RATES CLEARANCE CERTIFICATE

Provide a certificate from the municipality stating that the company is up to date with rates payments.

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T2.1Q VALID ORIGINAL OR CERTIFIED B-BBEE CERTIFICATE

Provide a certified copy of your B-BBEE certificate issued by a Verification Agency accredited by SANAS or a registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA or Certified Affidavit by Commissioner of Oath.

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T2.1R PREFERENTIAL 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

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

the 80/20 system for requirements with a Rand value equal to or above R 30 000 and up to R 50 million (all applicable taxes included); and

the 90/10 system for requirements with a Rand value above R 50 million (all applicable taxes included).

1.3 The value of this bid is estimated to a value equal to or Above R30 000.00 and up to R 50,000,000 (all applicable taxes included).

1.4 Method 2 system shall be applicable.

Preference points for this bid shall be awarded for: (a) Price; and (b) B-BBEE Status Level of Contribution.

1.3.1 The maximum points for this bid are allocated as follows: POINTS Price 80 B-BBEE status level of contribution 20 Total points for Price and B-BBEE must not exceed 100

1.4 Failure on the part of a bidder to fill in and/or to sign this form and submit a B-BBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

1.5. 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 “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies;

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

2.3 “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity based on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

2.4 “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of services, works or goods, through price quotations, advertised competitive bidding processes or proposals;

2.5 “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);

2.6 “comparative price” means the price after the factors of a non-firm price and all unconditional discounts that can be utilized have been taken into consideration;

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2.7 “consortium or joint venture” means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract;

2.8 “contract” means the agreement that results from the acceptance of a bid by an organ of state;

2.9 “EME” means any enterprise with an annual total revenue of R5 million or less.

2.10 “Firm price” means the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the Contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract;

2.11 “functionality” means the measurement according to predetermined norms, as set out in the bid documents, of a service or commodity that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a bidder;

2.12 “non-firm prices” means all prices other than “firm” prices;

2.13 “person” includes a juristic person;

2.14 “rand value” means the total estimated value of a contract in South African currency, calculated at the time of bid invitations, and includes all applicable taxes and excise duties;

2.15 “sub-contract” means the primary Contractor‟s assigning, leasing, making out work to, or employing, another person to support such primary Contractor in the execution of part of a project in terms of the contract;

2.16 “total revenue” bears the same meaning assigned to this expression in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007;

2.17 “trust” means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person; and

2.18 “trustee” means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person.

3. ADJUDICATION USING A POINT SYSTEM

3.1 The bidder obtaining the highest number of total points will be awarded the contract.

3.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into account all factors of non-firm prices and all unconditional discounts;

3.3 Points scored must be rounded off to the nearest 2 decimal places.

3.4 In the event that two or more bids have scored equal total points, the successful bid must be the one scoring the highest number of preference points for B-BBEE.

3.5 However, when functionality is part of the evaluation process and two or more bids have scored equal points including equal preference points for B-BBEE, the successful bid must be the one scoring the highest score for functionality.

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

4. POINTS AWARDED FOR PRICE

4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 or 90/10

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or

Where Ps = Points scored for price of tender under consideration; Pt = Price of tender under consideration; and Pmin = Price of lowest acceptable tender. 5. Points awarded for B-BBEE Status Level of Contribution

5.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:

B-BBEE Status Level of Contributor

Number of points (90/10 system)

Number of points (80/20 system)

1 10 20

2 9 18

3 6 14

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant contributor 0 0

5.2 Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA‟s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates.

5.3 Bidders other than EMEs must submit their original and valid B-BBEE status level verification certificate or a certified copy thereof, substantiating their B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS.

5.4 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits their B-BBEE status level certificate.

5.5 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate bid.

5.6 Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice.

6. BID DECLARATION

6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:

7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.3.1.2 AND 5.1

7.1 B-BBEE Status Level of Contribution: …………. = …………… (Maximum of 10 or 20 points) (Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA or Affidavit).

8 SUB-CONTRACTING

8.1 Will any portion of the contract be sub-contracted? YES / NO (delete which is not applicable)

8.1.1 If yes, indicate:

min

min180

P

PPtPs

min

min190

P

PPtPs

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(i) what percentage of the contract will be subcontracted? ............………………….…%

(ii) the name of the sub-Contractor? ………………………………………….……………..

(iii) the B-BBEE status level of the sub-Contractor? ……………..

(iv) whether the sub-Contractor is an EME? YES / NO (delete which is not applicable)

9 DECLARATION WITH REGARD TO COMPANY/FIRM

9.1 Name of firm : .............................................................................................

9.2 VAT registration number : .............................................................................................

9.3 Company registration number …………………………………………………………………….

9.4 TYPE OF COMPANY/ FIRM

Partnership/Joint Venture / Consortium

One-person business/sole propriety

Close corporation

Company

(Pty) Limited

[TICK APPLICABLE BOX]

9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

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

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

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

9.6 COMPANY CLASSIFICATION

Manufacturer

Supplier

Professional service provider

Other service providers, e.g. transporter, etc.

[TICK APPLICABLE BOX]

9.7 MUNICIPAL INFORMATION

Municipality where business is situated ………………………………………………………….

Registered Account Number …………………………….

Stand Number ……………………………………………….

9.8 TOTAL NUMBER OF YEARS THE COMPANY/FIRM HAS BEEN IN BUSINESS? …………

9.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contribution indicated in paragraph 7 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that:

(i) The information furnished is true and correct;

(ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form.

(iii) In the event of a contract being awarded as a result of points claimed as shown in paragraph 7, the Contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;

(iv) If the B-BBEE status level of contribution has been claimed or obtained on a

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fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –

(a) disqualify the person from the bidding process;(b) recover costs, losses or

damages it has incurred or suffered as a result of that person‟s conduct;

(c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation;

(d) restrict the bidder or Contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution

Signed in the presence of the subscribing witnesses: At ....................................................... for and on behalf of .................................................................. .............................................................................................................................................................. on this the ............................................................................. day of ...................................... 20........ SIGNATURE : .................................................................................................................... CAPACITY : .................................................................................................................... ADDRESS : .................................................................................................................... : .................................................................................................................... : .................................................................................................................... AS WITNESSES : 1 .......................................................................................................... 2 ..........................................................................................................

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T2.1S DECLARATION FOR PROCUREMENT ABOVE R5 MILLION (VAT INCLUDED) MBD 5

Bidders must complete the following questionnaire: 1 Are you by law required to prepare annual financial statements for auditing? YES/NO 1.1 If yes, submit audited annual financial statements for the past three years or since the date of

establishment if established during the past three years. ……………………………………………………............................................ ……………………………………………………............................................ 2 Do you have any outstanding undisputed commitments for municipal services towards a

municipality or any other service provider in respect of which payment is overdue for more than 30 days?

YES/NO 2.1 If no, this serves to certify that the bidder has no undisputed commitments for municipal services

towards a municipality or other service provider in respect of which payment is overdue for more than 30 days.

2.2 If yes, provide particulars.

……………………………………………………............................................ ……………………………………………………............................................ ……………………………………………………............................................ ……………………………………………………............................................ 3 Has any contract been awarded to you by an organ of state during the past five years, including

particulars of any material non-compliance or dispute concerning the execution of such contract? YES/NO

3.1 If yes, furnish particulars ……………………………………………………............................................

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

4. Will any portion of goods or services be sourced from outside 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

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4.1 If yes, furnish particulars

……………………………………………………............................................ ……………………………………………………............................................ 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 ………………………………… ……………………………………………………………………………. Position Name of Bidder

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The Contract

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PART C1: AGREEMENT AND DATA

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PART C1 AGREEMENT AND CONTRACT DATA

C1.1 FORM OF OFFER AND ACCEPTANCE

C1.2 CONTRACT DATA

C1.3 AGREEMENT IN TERMS OF THE OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 (ACT NO 85 OF 1993)

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C1.1 FORM OF OFFER AND ACCEPTANCE

(Agreement)

OFFER OF TENDER

Name of Contract: PROVISION OF PROFESSIONAL PROJECT MANAGEMENT SERVICES

IN PORT ALFRED EMERGENCY RO PLANT PROJECT

Contract No.: 152/2020

To: Ndlambe Local Municipality

We have examined the Conditions of Contract, Employer‟s Requirements, Schedules, Contract Data,

and the attached Appendices and Addenda No.s …………. [Number].

for the above-named Contract. We have understood and checked these documents and have

ascertained that they contain no errors or other defects except as identified in our Tender. We

accordingly offer for PROVISION OF PROFESSIONAL PROJECT MANAGEMENT SERVICES IN

PORT ALFRED EMERGENCY RO PLANT PROJECT commence with the deliverables of managing

the RO Plant project until completion of the Works, and provide the closeout report, in accordance

with the prosca agreement and SACPCMP guidelines and the agreed programme.

This amount for the services is as follows:

For the PROVISION OF PROFESSIONAL PROJECT MANAGEMENT SERVICES IN PORT

ALFRED EMERGENCY RO PLANT PROJECT, the amount of:

Amount in

figures:___________________________________________________________________

Amount in

words:____________________________________________________________________

We agree to abide by this Tender until _______________ and it shall remain binding upon us and

may be accepted at any time before that date.

If this offer is accepted, we will provide the required Indemnity Insurance, and commence with the

deliverables of managing the RO Plant project until completion of the Works, and provide the

closeout report, in accordance with the prosca agreement and SACPCMP guidelines and the agreed

programme.

We further undertake, together with the Employer, to jointly appoint the DAB and the Auditing Body in

accordance with the requirements of the Contract.

For the tenderer

Signature Date:

Name Capacity:

(Name and address of organization)

Name and signature of witness

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We acknowledge that this Letter of Acceptance creates a binding Contract between us, and we undertake to

fulfil all our obligations and duties in accordance with the terms of this Contract.

For the Employer

Signature Date

Name Capacity

(Name and address of organization) Ndlambe Local Municipality

44 Campbell Street

Port Alfred

6170

Name and signature of witness

Date:

LETTER OF ACCEPTANCE

Name of Contract: PROVISION OF PROFESSIONAL PROJECT MANAGEMENT SERVICES IN PORT ALFRED

EMERGENCY RO PLANT PROJECT

Contract No.: 152/2020

To:

We thank you for your Tender dated __________________ for PROVISION OF PROFESSIONAL PROJECT

MANAGEMENT SERVICES IN PORT ALFRED EMERGENCY RO PLANT PROJECT and commence with the

deliverables of managing the RO Plant project until completion of the Works, and provide the closeout report, in

accordance with the prosca agreement and SACPCMP guidelines and the agreed programme, signed by you and

ourselves.

We have pleasure in accepting your Tender for the Accepted Contract Amount of:

This amount is made up of the following components:

For the Design-Build of the Works, the amount of:

Amount in figures:___________________________________________________________________

Amount in words:____________________________________________________________________

In consideration of you properly and truly performing the Contract, we agree to pay you the Accepted Contract

Amount or such other sums to which you may become entitled under the terms of the Contract, at such times and as

prescribed by the Contract.

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PART 3: SCHEDULE OF DEVIATION

DETAILS OF DEVIATION: Subject 1:____________________________________________________________________________ Details: ______________________________________________________________________________ ____________________________________________________________________________________ Subject 2:____________________________________________________________________________ Details: ______________________________________________________________________________ ____________________________________________________________________________________ Subject 3:____________________________________________________________________________ Details: ______________________________________________________________________________ ____________________________________________________________________________________ Subject 4:____________________________________________________________________________ Details: ______________________________________________________________________________ ____________________________________________________________________________________ By duly authorised representatives signing this schedule of deviations, the Employer and the Bidder agree to and accept the foregoing Schedule of Deviations as the only deviations from and amendments to the documents listed in the Bid Data and addenda thereto as listed in the Bid schedules, as well as any confirmation, clarification or changes to the terms of the offer agreed by the Bidder 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 Bid documents and the receipt by the Bidder of a completed signed copy of this Agreement shall have any meaning or effect in the contract between the parties arising from this Agreement. For the Professional Service Provider: For the Employer: __________________________Date:_________ ___________________________Date__________ Signature Signature _______________________________________ _________________________________________ Name Name Witnesses: __________________________Date:_________ ___________________________Date__________ Signature Signature _______________________________________ _________________________________________ Name Name

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C1.2 CONTRACT DATA The Conditions of Contract are the Standard Professional Services Contract (July 2009) published by the Construction Industry Development Board, Third Edition , document 1014 from pages 1 up to 16. Each item of data given below is cross-referenced to the clause in the General Conditions of Contract of the above-mentioned Standard Professional Services Contract to which it mainly applies.

PART 1: DATA PROVIDED BY THE EMPLOYER

Clause Data

1.

The Employer is

Ndlambe Municipality 44 Campbell Street, Port Alfred, 6170, Eastern Cape, Republic of South Africa

Telephone: 046 604 5500; Facsimile: 046 466 2669

3.4 and 4.3.2

The authorized and designated representative of the Employer is

Municipal Manager, Ndlambe Municipality The address for receipt of communications is

44 Campbell Street, Port Alfred, 6170, Eastern Cape, Republic of South Africa Telephone: 046 604 5500; Facsimile: 046 466 2669

1.

The Project is PORT ALFRED EMERGENCY RO PLANT: PROFESSIONAL PROJECT MANAGEMENT SERVICES

1.

The term „Professional Service Provider‟ shall be used for „Service Provider‟.

3.4.1

The communication by e-mail will only be accepted on submission of hard copy print out in letterhead and properly signed by the authorized person. Faxes, facsimile, emails will not be acceptable on submission of tender documents.

3.6

The Professional Service Provider shall not release public or media statements or publish material related to the Services or the Project under any circumstances without the written approval of the Employer, which approval by the Employer shall not be unreasonably withheld.

3.11

A penalty of R 10,000.00 per month is payable for each deliverable of which the Professional Service Provider fails to meet the reporting requirement as set out in the scope of works. The penalty is payable for each month for which the failure continues.

3.14

The Revised programme shall be submitted within 14 days of the award of contract or prior to signing agreement whichever is earlier.

5.4.1

The Professional Project Manager is required to provide the following insurance within 14 days of the award of contract or prior to signing agreement whichever is earlier:

i. Insurance Against: Professional Liability (Valid Professional Indemnity).

Cover is: Minimum of R15 million.

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Period of cover: Until One year after completion (issuance of completion certificates and submission of close up reports) of the Project.

8.1

The Professional Service Provider is to commence with the performance of the Services immediately from the date the Contract become effective.

8.4.3

The period to bring this project to completion will not to exceed 31 March 2020.

9.1

Copyright of all documents prepared for the Project shall be vested with the Employer.

12.2.1

In the event that the parties fail to agree on a mediator, the President of the relevant Council nominates the mediator.

12.4.1

In the event that the parties fail to agree on an arbitrator, the President of the Association of Arbitrators nominates the arbitrator.

15.

The interest rate will be prime interest rate of the Employer‟s bank at the time the amount is due.

16

SUB-CONTRACTING

A tenderer will not be allowed to sub-contracting more than 25% of the value of the contract, excluding the listed additional services, to any other enterprise.

17 TERMS OF AGREEMENT

The terms of agreement will be the standard PROSCA agreement.

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PART 2: DATA PROVIDED BY THE PROFESSIONAL PROJECT MANAGER SERVICE PROVIDER

Clause Data

1.

The Professional Project Manager Service Provider is

___________________________________________________________

Address: ______________________________________________________________

Telephone: _____________; Facsimile: _____________; Email: _______________________

5.3

The authorized and designated representative of the Professional Project Manager Service Provider is

__________________________________________________________

The address for receipt of communications is

Address: ______________________________________________________________

Telephone: _____________; Facsimile: _____________; Email: _______________________

5.5 b) and 7.1.2

The Key Persons and their jobs/ duties in relation to the services are:

Name Jobs/ duties

Signed ________________________________________ Date ______________________ Name _________________________________________ Capacity __________________ Name of the Firm _______________________________________________________________

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PART C3: AGREEMENT IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH AND SAFETY

ACT NO. 85 OF 1993 THIS AGREEMENT is made between the NDLAMBE MUNICIPALITY represented by the Municipal Manager (hereinafter called the EMPLOYER of the one part, herein represented by:

____________________________________________________________________________________

in his/her capacity as: __________________________________________________________________;

AND: _______________________________________________________________________________

(hereinafter called the Professional Service Provider/ the PROFESSIONAL PROJECT MANAGER) of the other part, herein represented by: ...............................................................................................................................

____________________________________________________________________________________

in his/her capacity as: __________________________________________________________________;

duly authorised to sign on behalf of the PROFESSIONAL PROJECT MANAGER.

WHEREAS the PROFESSIONAL PROJECT MANAGER is the Mandatory of the EMPLOYER in consequence of an

agreement between the PROFESSIONAL PROJECT MANAGER and the EMPLOYER in respect of Notice No: 152/2020 PORT ALFRED EMERGENCY RO PLANT: PROFESSIONAL PROJECT MANAGEMENT SERVICES

AND WHEREAS the EMPLOYER and the PROFESSIONAL PROJECT MANAGER have agreed to enter into an agreement in terms of the provisions of Section 37(2) of the Occupational Health and Safety Act No 85 of 1993, as amended by OHSA Amendment Act No 181/1993 (hereinafter referred to as the ACT); NOW THEREFORE the parties agree as follows:

1. The PROFESSIONAL PROJECT MANAGER undertakes to acquaint the appropriate officials and employees of the PROFESSIONAL PROJECT MANAGER with all relevant provisions of the ACT and the regulations promulgated in terms thereof.

2. The PROFESSIONAL PROJECT MANAGER undertakes to fully comply with all relevant duties, obligations

and prohibitions imposed in terms of the ACT and Regulations: Provided that should the EMPLOYER have prescribed certain arrangements and procedures that same shall be observed and adhered to by the PROFESSIONAL PROJECT MANAGER, his officials and employees. The PROFESSIONAL PROJECT MANAGER shall bear the onus of acquainting himself/herself/itself with such arrangements and procedures.

3. The PROFESSIONAL PROJECT MANAGER hereby accepts sole liability for such due compliance with the

relevant duties, obligations, prohibitions, arrangements and procedures, if any, imposed by the ACT and Regulations, and the PROFESSIONAL PROJECT MANAGER expressly absolves the EMPLOYER and the Employer‟s personnel from being obliged to comply with any of the aforesaid duties, obligations, prohibitions, arrangements and procedures in respect of the work included in the contract.

4. The PROFESSIONAL PROJECT MANAGER agrees that any duly authorised officials of the EMPLOYER

shall be entitled, although not obliged, to take such steps as may be necessary to ensure that the PROFESSIONAL PROJECT MANAGER has complied with his undertakings as more fully set out in paragraphs 1 and 2 above, which steps may include, but shall not be limited to, the right to inspect any appropriate site or premises occupied by the PROFESSIONAL PROJECT MANAGER, or to take such steps it may deem necessary to remedy the default of the PROFESSIONAL PROJECT MANAGER at the cost of the PROFESSIONAL PROJECT MANAGER.

2. The PROFESSIONAL PROJECT MANAGER shall be obliged to report forthwith to the EMPLOYER any

investigation, complaint or criminal charge which may arise as a consequence of the provisions of the ACT and

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3. Regulations, pursuant to work performed in terms of this agreement, and shall, on written demand, provide full

details in writing of such investigation, complaint or criminal charge.

Thus signed at on this day of ________________________, the ____________day of ______ _____, 2020 for and on behalf of the Professional Service Provider: the Employer: ___________________________________ __________________________________ Signature Signature _______________________________________ ___________________________________ Name Name Witnesses: ___________________________________ __________________________________ Signature Signature _______________________________________ ___________________________________ Name Name

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Part C2: PRICING DATA

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1 PROFESSIONAL PROJECT MANAGER

Cost Estimate: R 75 000 000.00

Primary Fee:

Secondary Fee %:

Secondary Fee:

Sub Total:

Reference: TARIFF BASIS: GOVERNMENT GAZETTE, RSA, JANUARY 2012 NO 34858

SACPCMP Recommended Fee:

Discount (%)

Professional Fee (Excl. VAT)

Project Phases SACPCMP

Fee

1.1 Initiation Stage 10% N/A N/A

1.2 Concept and Viability Stage 10% N/A N/A

1.3 Design Development Stage 25% N/A N/A

1.4 Documentation and Procurement 10% N/A N/A

1.5 Construction Stage 40%

1.6 Close Out Stage 5%

Sub-total for Fees (Professional Project Manager)

2 Employer's Representative

Item Description Unit Qty Rate Amount

2.1 Initiation Stage Sum 1 N/A N/A

2.2 Concept and Viability Stage Sum 1 N/A N/A

2.3 Design Development Stage Sum 1 N/A N/A

2.4 Documentation and Procurement Sum 1 N/A N/A

2.5 Construction Stage Sum 1

2.6 Close Out Stage Sum 1

Sub-total for Fees (Employer's Representative)

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3 Travelling and Site Work

Description Unit Qty Rate Amount

3.1 Travelling distance Km

3.2 Accommodation No.

3.3 Living out allowance Days

3.4 Travelling time Hrs

3.5 Printing & Communication Sum

Sub-total for Travelling and Site Work

4 Additional Services

Description Unit Cost Manage-ment Fee

Amount

4.1 OHS Agent Sum

4.2 Environmental Control Officer Sum

4.3 Environmental Impact Assessment P. Sum R 800 000.00

Sub-total for Disbursements

SUB-TOTAL (Excl. VAT)

15% VAT

TOTAL (Incl. VAT)

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Part C3: Scope of Work

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C3.1 Scope of Services

BACKGROUND

Department of Water and Sanitation through RBIG programme and ECCOGTA through Drought mitigation

programme funds has allocated a budget for the DESIGN, BUILD AND OPERATE 2ML SEA WATER +

3ML WASTE WATER RO PLANT IN PORT ALFRED to augment 5ML potable water for Port Alfred and

Bathurst Town. Hence, the Municipality is intending to appoint a Professional Project Manager to assist in

construction management of this project.

Do note the professional service provider will be appointed for stage 5 and stage 6 only of the

following deliverables

With reference to the Scope of Services for Registered Construction Professional Project Managers, (Act No. 48 of 2000, Revision January 2012), the following full scope is being recommended. See table hereunder for guidance with respect to the project management activities that are to be provided by the successful bidder.

1. STAGE 1- INCEPTION

Definition

Agreeing client requirements and preferences, assessing user needs and options, appointment of necessary consultants in establishing project brief, objectives, priorities, constraints, assumptions and strategies in consultation with the client.

Standard Services

1.1. Facilitate the development of a Clear Project Brief

1.2. Establish the client's Procurement Policy for the Project

1.3. Assist the client in the procurement of the necessary and appropriate consultants including the clear definition of their roles, responsibilities and liabilities.

1.4. Establish in conjunction with the client, consultants, and all relevant authorities the site characteristics necessary for the proper design and approval of the intended project

1.5. Manage the integration of the preliminary design to form the basis for the initial viability assessment of the project

1.6. Prepare, co-ordinate and monitor a Project Initiation Programme

1.7. Facilitate the preparation of the Preliminary Viability Assessment of the project

1.8. Facilitate client approval of all Stage 1 documentation

Project Management Deliverables

Project Brief

Project Procurement Policy

Signed Consultant/Client Agreements

Project Initiation Programme

Record of all meetings

Approval by Client to proceed to Stage 2

2. STAGE 2 - CONCEPT AND VIABILITY

Definition

Finalization of the project concept and feasibility

Standard Services

2.1. Assist the client in the procurement of the necessary and appropriate consultants including the clear definition of their roles, responsibilities and liabilities.

2.2. Advise the client on the requirement to appoint a Health and Safety Consultant.

2.3. Communicate the project brief to the consultants and monitor the development of the Concept and Feasibility within the agreed brief.

2.4. Co-ordinate and integrate the income stream requirements of the client into the concept design and feasibility

2.5. Agree the format and procedures for cost control and reporting by the cost consultants on the project.

2.6. Manage and monitor the preparation of the project costing by other consultants

2.7. Prepare and co-ordinate an Indicative Project Documentation and Construction Programme

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2.8. Manage and integrate the concept and feasibility documentation for presentation to the client for approval

2.9. Facilitate client approval of all Stage 2 documentation

Project Management Deliverables

Signed Consultant/Client Agreements

Indicative Project Documentation and Construction Programme.

Approval by Client to proceed to Stage 3

3. STAGE 3 - DESIGN DEVELOPMENT

Definition

Manage, co-ordinate and integrate the detail design development process within the project scope, time, cost and quality parameters.

Standard Services

3.1. Assist the client in the procurement of the balance of the consultants including the clear definition of their roles, responsibilities and liabilities.

3.2. Establish and co-ordinate the formal and informal communication structure, processes and procedures for the design development of the project.

3.3. Prepare, co-ordinate and agree a detailed Design and Documentation Programme, based on an updated Indicative Construction Programme, with all consultants

3.4. Manage, co-ordinate and integrate the design by the consultants in a sequence to suit the project design, documentation programme and quality requirements.

3.5. Conduct and record the appropriate planning, co-ordination and management meetings

3.6. Facilitate any input from the design consultants required by Construction Manager on constructability.

3.7. Facilitate any input from the design consultants required by Health and Safety Consultant

3.8. Manage and monitor the timeous submission by the design team of all plans and documentation to obtain the necessary statutory approvals

3.9. Establish responsibilities and monitor the information flow between the design team, including the cost consultants.

3.10. Monitor the preparation by the cost consultants of cost estimates, budgets, and cost reports

3.11. Monitor the cost control by the cost consultants to verify progressive design compliance with approved budget, including necessary design reviews to achieve budget compliance

3.12. Facilitate and monitor the timeous technical co-ordination of the design by the design team

3.13. Facilitate client approval of all Stage 3 documentation

Project Management Deliverables

Signed Consultant/Client Agreements

Detailed Design & Documentation Programme

Updated Indicative Construction Programme

Record of all meetings

Approval by Client to proceed to Stage 4

4. STAGE 4- DOCUMENTATION AND PROCUREMENT

Definition

The process of establishing and implementing procurement strategies and procedures, including the preparation of necessary documentation, for effective and timeous execution of the project.

Standard Services

4.1. Select, recommend and agree the Procurement Strategy for contractors, subcontractors and suppliers with the client and consultants

4.2. Prepare and agree the Project Procurement Programme.

4.3. Co-ordinate and monitor the preparation of the tender documentation by the consultants in accordance with the Project Procurement Programme.

4.4. Facilitate and monitor the preparation by the Health and Safety Consultant of the Health and Safety Specification for the project

4.5. Manage the tender process in accordance with agreed procedures, including calling for tenders, adjudication of tenders, and recommendation of appropriate contractors for approval by the client.

4.6. Advice the client, in conjunction with other consultants on the appropriate insurances required for the implementation of the project.

4.7. Monitor the reconciliation by the cost consultants of the tender prices with the project budget

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4.8. Agree the format and procedures for monitoring and control by the cost consultants of the cost of the works.

4.9. Facilitate client approval of the tender recommendation(s).

Project Management Deliverables

Contractors, subcontractors, and suppliers Procurement Strategy

Project Procurement Programme

Project Tender I Contract Conditions

Record of all meetings

Approval by Client of tender recommendation(s).

5. STAGE 5 – CONSTRUCTION

Definition

The management and administration of the construction contracts and processes, including the preparation and co-ordination of the necessary documentation to facilitate effective execution of the works.

Standard Services

5.1. Appoint contractor(s) on behalf of the client including the finalization of all agreements.

5.2. Instruct the contractor on behalf of the client to appoint subcontractors.

5.3. Receive, co-ordinate, review and obtain approval of all contract documentation provided by the contractor, subcontractors, and suppliers for compliance with all of the contract requirements.

5.4. Monitor the ongoing projects insurance requirements.

5.5. Facilitate the handover of the site to the contractor.

5.6. Establish and co-ordinate the formal and informal communication structure and procedures for the construction process.

5.7. Regularly conduct and record the necessary site meetings

5.8. Monitor, review and approve the preparation of the Contract Programme by the contractor.

5.9. Regularly monitor the performance of the contractor against the Contract Programme.

5.10. Review and adjudicate circumstances and entitlements that may arise from any changes required to the Contract Programme.

5.11. Monitor the preparation of the contractor's Health and Safety Plan and approval thereof by the Health and Safety Consultant.

5.12. Monitor the auditing of the Contractors' Health and Safety Plan by the Health and Safety Consultant.

5.13. Monitor the compliance by the contractors of the requirements of the Health and Safety Consultant.

5.14. Monitor the production of the Health and Safety File by the Health and Safety Consultant and contractors

5.15. Monitor the preparation by the Environmental Consultants of the Environmental Management Plan

5.16. Establish the construction information distribution procedures.

5.17. Agree and monitor the Construction Documentation Schedule for timeous delivery of required information to the contractors.

5.18. Expedite, review and monitor the timeous issue of construction information to the contractors.

5.19. Manage the review and approval of all necessary shop details and product propriety information by the design consultants.

5.20. Establish procedures for monitoring, controlling and agreeing all scope and cost variations.

5.21. Agree the quality assurance procedures and monitor the implementation thereof by the consultants and contractors.

5.22. Monitor, review, approve and certify monthly progress payments.

5.23. Receive, review and adjudicate any contractual claims.

5.24. Monitor the preparation the preparation of monthly cost reports by the cost consultants.

5.25. Monitor long lead items and off-site production by the contractors and suppliers.

5.26. Prepare monthly project reports including submission to the client

5.27. Manage, co-ordinate and monitor all necessary testing and commissioning by consultants and contractors.

5.28. Co-ordinate, monitor and issue the Practical Completion Lists and the Certificate of Practical Completion.

5.29. Co-ordinate and monitor the preparation and issue of the Works Completion List by the consultants to the contractors.

5.30. Monitor the execution by the contractors of the defect items to achieve Works Completion.

5.31. Facilitate and co-ordinate adequate access with the occupant for the rectification of defects by the contractors

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Project Management Deliverables

Signed Contractor(s) Agreements

Agreed Contract Programme

Adjudication and award of contractual claims

Construction Documentation Schedule

Monthly progress payment certificates

Monthly project progress reports.

Record of all meetings

Certificates of Practical Completion.

6. STAGE 6 - CLOSE OUT

Definition

The process of managing and administering the project closeout, including preparation and co-ordination of the necessary documentation to facilitate the effective operation of the project

Standard Services

6.1. Issue the Works Completion Certificate

6.2. Manage, co-ordinate and expedite the preparation by the design consultants of all as-built drawings and design documentation.

6.3. Manage and expedite the procurement of all operating and maintenance manuals as well as all warrantees and guarantees.

6.4. Manage and expedite the procurement of all statutory compliance certificates and documentation.

6.5. Manage the finalization of the Health and Safety File for submission to the Client.

6.6. Co-ordinate, monitor and manage the rectification of defects during the Defects Liability Period.

6.7. Manage, co-ordinate and expedite the preparation and agreement of the final account by the cost consultants with the relevant contractors.

6.8. Co-ordinate, monitor and issue the Final Completion Defects list and Certificate of Final Completion.

6.9. Prepare and present Project Closeout Report.

Project Management Deliverables

Works Completion Certificate

Certificate of Final Completion

Record of all meetings

Project closeout report

General Notes

As these stages might overlap, the Standard Services stated hereunder may be required to be undertaken during any one of the Project Work Stages

The order of the Standard Services does not necessarily reflect the actual sequence of implementation