RATLOU LOCAL MUNICIPALITY - etenders.gov.za ARE... · closing date: thursday, 29 march 2018 at...

CLOSING DATE: Thursday, 29 MARCH 2018 at 11H00

RATLOU LOCAL MUNICIPALITY

CONTRACTORS ARE INVITED FOR THE DESIGN, CONSTRUCTION AND PROJECT MANAGEMENT SERVICES TO A PAVED ACCESS

ROAD TO SETLAGOLE SPORTS GROUND (TURNKEY)

TENDER NO: NW31/TECH03/2017/2018

TENDER NUMBR: NW381/TECH04/2012

MARCH 2018

NAME OF BIDDER : ………………………………………..…………………………………….

ADDRESS OF BIDDER: …………………………………………………………………………..….

TEL NUMBER : …………..………………………………………………………….……….

FAX NUMBER : …………………………………..………………………………..………….

TENDER AMOUNT : …………………………………..………………………………..………….

ISSUED BY:

Municipal Manager

Ratlou Local Municipality

Delareyville Road, Setlagole Village

Private Bag X 209

Madibogo

Tel: [018] 330 7000

Fax: [018] 330 7047


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Contents Portion 1: Tender

Part T1 Tendering Procedures

T1.1 Tender Notice and Invitation to Tender

T1.2 Tender Data

T1.3 Standard Conditions of

Part T2 Returnable Documents

T2.1 List of Returnable Documents

T2.2 Returnable Schedules

Portion 2: Contract

Part C1 Agreements and Contract Data

C1.1 Form of Offer and Acceptance

C1.2 Contract Data

C1.3 Occupational Health and Safety Agreement

Part C2 Pricing Data

C2.1 Price Instructions

C2.2 Price Schedule

Part C3 Scope of Work

C3.1 Service Information

Tender T1 Part T1: Tendering procedures Tendering Procedures

1

Part T1: Tendering procedures

Pages

T1.1 Tender Notice and Invitation to Tender .............................................. 2 T1.2 Tender Data .................................................................................... 3-21

T1.3 Standard Conditions of Tender .................................................. 21-38

Tender T1.1 Part T1: Tendering procedures Tender Notice and Invitation to Tender

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TENDER NOTICE

CONTRACTORS ARE INVITED FOR THE DESIGN, CONSTRUCTION AND PROJECT MANAGEMENT SERVICES TO A PAVED ACCESS ROAD TO SETLAGOLE SPORTS

GROUND (TURNKEY) TENDER NO: NW31/TECH03/2017/2018

Ratlou Local Municipality hereby invite suitably qualified and experienced Design, Construction and Project Management Services to a Paved Access Road to Setlagole Sports Ground (Turnkey) . Service Providers are advised to submit company profiles with the following compliance requirements:

Proof of registration on CSD (Central Supplier Database) Valid Tax Clearance Certificates (Original Document); Proof of residence of all Directors of the Company (Not older than 3 months); Proof of residence for the business premises (Not older than 3 months); Statement as Proof of payment of Municipal services for business properties

(Not older than 3 months) Statement as Proof of payment of Municipal services for residential properties

of all Directors of the company (Not older than 3 months); Bank Cancelled Business Cheque; Proof of Registration with relevant bodies (ECSA) CIDB registration certificate Company Profile – Experience, References, and CVs of key personnel; Valid Professional Indemnity (PI) insurance; BBBEE certificates obtained from accredited agencies by SANAS or registered

auditors approved by IRBA (Independent Regulatory Board of Auditors) or in case Exempted Micro Enterprises, the BBBEE certificate may be issued by registered Accountant as well.

A Compulsory briefing session will be held on Friday, 09 March 2018 at the Ratlou Municipal Chamber at 11H00 am. Bids will be evaluated and adjudicated in accordance with Municipal Supply Chain Management policy, the Preferential Procurement Policy Framework Act no 5 of 2000 and Preferential Procurement Regulations 2017 and 80/20 preference point system will be applied. This bid will firstly be evaluated on Functionality. Suppliers that obtain less than 60% on functionality will be regarded as non-responsive and will not be evaluated further. Tender documents entailing detailed Terms of Reference (ToR) will be obtainable from Friday, 09 March 2018 from the offices of Ratlou Local Municipality, R507 Delareyville Road, Setlagole Village and also from the e-Tender Portal. Tender document will only be issued at the Municipality upon payment of R 500.00 non-refundable deposit. Cheques shall be bank guaranteed and made payable to Ratlou Local Municipality. All tender documents and supporting documents must be sealed and clearly marked with relevant bid number and tender description before the CLOSING DATE: Thursday, 29nd March 2018 at 11:00 am and be deposited in the tender box of Ratlou Local Municipality at R509 Delareyville Road, Setlagole Village: Please note that electronic/telegraphic tenders will not be accepted. Queries relating to the issue of this document may be addressed to INFRASTRUCTURE: Mr. PM More Tel No. 018 330 7000 during Office hours.

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

ACTING MUNICIPAL MANAGER

MR J. MOLEFE




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T1.2 TENDER DATA

The Conditions of Tender are the Standard Conditions of Tender as contained in Annexure F of SANS 294: 2004 and amended by Board Notice 8 of 2008 (Government Gazette No. 30692 of 1 February 2008), bound into Section T1.3

The Standard Conditions of Tender make several references to the Tender Data. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the Standard Conditions of Tender to which it mainly applies.

Reference to relevant clauses in Standard conditions of Tender

Addition or variation to Standard conditions of Tender

F.1.1

Actions The Employer is RATLOU LOCAL MUNICPALITY. The term “bid” in the context of this standard is synonymous with the term “Tender”.

F.1.2

Tender documents

The Tender documents issued by the Employer comprise:

PORTION 1: TENDER:

Part T1: Tender Procedures

Part T2: Returnable Documents

PORTION 2: CONTRACT: Part C1: Agreement and Contract data

Part C2: Pricing data Part C3: Scope of Work

Tenderers are reminded that irrespective of any other provision or requirement contained in this tender, the only mandatory required documents to be submitted with this tender are listed in Part T2 of the Returnable Documents.

F.1.4

Communication and Employer’s agent

Name: Paseka More

Telephone: (018) 330-7000

Facsimile: (018) 330 7047 E-Mail: [email protected]



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F.1.5 F1.5.2

The employer’s right to accept or reject any tender offer

Replace the contents of the clause with the following:

The employer may subsequent to the cancellation or abandonment of a tender process or the rejection of all responsive tender offers re-issue a tender covering substantially the same scope of work

F.2.1 Eligibility Only those Tenderers who have in their full time employment, a person satisfying the following criteria:

i) are registered as a professional engineer/technician in terms of the Engineering Profession Act, 2000 (Act 46 of 2000) for the applicable engineering work;

Only those tenders who score a minimum of 60 points in respect of the following criteria will be evaluated further:

QUALITY CRITERIA SUB CRITERIA MAXIMUM NUMBER OF POINTS

Tenderer’s experience with respect to specific aspects of the project / similar projects – NB: Profile with valid references to be attached.

5 Projects & above

30

2 – 4 Projects 25

1 – 2 Projects 15

0 – 1 Projects 0

Experience of Key Personnel Experience of Key Personnel - NB: CV’s with valied references to be attached

5 Years & above 40

2 – 4 Years 30

1 – 2 Years 15

0 – 1 Year 0

Company or Key Personnel registration with relevant bodies (ECSA)

Project Leader and Project

Engineer/Technologist/Technician) – NB: Valid proof of registration to be attached.

Registered 15

Not Registered 0

Qualification of key personnel - NB: Valid certificates of qualification to be attached

B-Tech/ Bsc Eng 15

N. Diploma 10

Maximum possible score for quality

(Ms) - 100

Required points to proceed to the next stage of evaluation

- 60



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F.2.2

Cost of tendering

Add the following to the clause:

“Accept that the Employer will not compensate the Tenderer for any costs incurred in attending interviews in the office of the Employer or the Employer’s Agent.”

F.2.5

Reference documents

The document Standard Professional Services Contract (July

2009), Third Edition of CIDB document 1015). This document is available from the Construction Industry Development Board (CIDB) at www.cidb.org.za

The document Guideline Scope of Services and Tariff of Fees for Persons Registered in terms of the Engineering Profession Act, 2000 (Act 46 of 2000) Government Gazette No. 39480, 04 December 2013, Board Notice 138 of 2015.

GCC 2nd Edition 2010

CESMM3 Civil Engineering Standard Method of Measurements

COLTO 1998 Edition

F 2.7

Site visit and clarification meeting

No compulsory clarification meeting with a representative of the Employer will be held. Tender documents will be available from the 09th March 2018.

F.2.8

Seek clarification

Replace the contents of the clause with the following: “Request clarification of the tender documents, if necessary, by notifying the Employer’s Official or the Employer’s Agent indicated in the Tender Notice and Invitation to Tender in writing at least seven working days before the closing time stated in the foregoing notice and clause F.2.15.”

F.2.11

Alterations to documents


“In the event of a mistake having been made on the price schedule, it shall be crossed out in ink and be accompanied by an initial at each and every price alteration.” If correction fluid has been used on any specific item price, such item will not be considered. Corrections in terms of price may not be made by means of correction fluid such as Tippex or similar product.

No correction fluid may be used in a Price Schedule where prices are calculated to arrive at a total amount. If correction fluid has been used, the tender as a whole will not be considered. The Municipality will reject the bid if corrections are not made in accordance with the above”

http://www.cidb.org.za/



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F.2.13 F.2.13.2

Submitting a Tender offer

Each Tenderer is required to return the complete set of documents as listed in Part T2 with all the required information supplied and completed in all respects.



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F.2.13.4


“Only authorised signatories may sign the original and all copies of the Tender Offer where required in terms of F.2.13.3

In the case of a ONE-PERSON CONCERN submitting a Tender, this shall be clearly stated.

In case of a COMPANY submitting a Tender, include a copy of a resolution by its board of directors authorising a director or other official of the company to sign the documents on behalf of the company.

In the case of a CLOSE CORPORATION submitting a Tender, include a copy of a resolution by its members authorising a member or other official of the corporation to sign the documents on each member’s behalf.

In the case of a PARTNERSHIP submitting a Tender, all the partners shall sign the documents, unless one partner or a group of partners has been authorised to sign on behalf of each partner, in which case proof of such authorisation shall be included in the Tender.

In the case of a JOINT VENTURE/CONSORTIUM submitting a Tender, include a resolution of each company of the joint venture/consortium together with a resolution by its members authorising a member of the joint venture/consortium to sign the documents on behalf of the joint



In cases where the Tenderer has not submitted proof of authorisation with the Tender, the Employer reserves the right to, at any time after the closure of the Tender, but before the award of the Tender, request the Tenderer to provide proof of authorisation within 7 (seven) calendar days from date of notification.



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Accept that failure to submit proof of authorisation to sign the Tender shall result in a Tender Offer being regarded as non-responsive.

F.2.13.5

The identification details are:

..................Correct tender reference no.

..................Correct Tender description

..................Correct closing time

..................Correct due date

Each tender shall be enclosed in a sealed envelope, bearing the correct identification details and shall be placed in the tender box located at: Ratlou Local Municipality R507 Delareyville Road,

Setlagole Village.

2773

This address is 24 hours available for delivery of Tender offers.

F.2.13.6 F.3.5

A two-envelope procedure will not be followed.

F.2.15 F.2.15.1

Closing time

Details of the closing time for submission of tender offers are stated in the Tender Notice and Invitation to tender.

F.2.16

Tender offer validity

The Tender offer validity period is 90 days.



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F.2.16.1


“If the Tender validity expires on a Saturday, Sunday or public holiday, the Tender offer shall remain valid and open for acceptance until the closure of business on the following working day.”

F.2.23

Certificates

Refer to part T2: Returnable Documents for a list of documents that are to be returned with the tender.

Add the following new clause:

“F.2.24

Canvassing and obtaining of additional information by Tenderers

Accept that no Tenderer shall make any attempt either directly or indirectly to canvass any of the Employers’ officials or the Employer’s agent in respect of his Tender, after the opening of the Tenders but prior to the Employer arriving at a decision thereon. No Tenderer shall make any attempt to obtain particulars of any relevant information, other than that disclosed at the opening of Tenders.”


“F.2.25

Prohibitions on awards to persons in service of the state

Accept that the Employer is prohibited to award a Tender to a person –

who is in the service of the state; or

if that person is not a natural person, of which any director, manager, principal shareholder or stakeholder is a person in the service of the state; or

a person who is an advisor or consultant contracted with the municipality or municipal entity.

“In the service of the state” means to be –

a) a member of –

any municipal council;

any provincial legislature; or

the National Assembly or the National Council of Provinces;



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b) a member of the board of directors of any municipal entity;

c) an official of any municipality or municipal entity;

d) an employee of any national or provincial department, national or

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

f) a member of the accounting authority of any national or provincial

public entity; or

g) an employee of Parliament or a provincial legislature.”

In order to give effect to the above, the questionnaire for the declaration of interests in the Tender of persons in service of state in Section T2 must be completed.”


“F.2.26

Awards to close family members of persons in the service of the state

Accept that the notes to the Employer’s annual financial statements must disclose particulars of any award of more than R2000 to a person who is a spouse, child or parent of a person in the service of the state (defined in clause 2.25), or has been in the service of the state in the previous twelve months, including –

a) the name of that person; b) the capacity in which that person is in the service of the state; and

c) the amount of the award. In order to give effect to the above, the questionnaire for the declaration of interests in the Tender of persons in service of state in Section T2 must be completed in full and signed.”



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“F.2.27

Vendor registration

Accept that each Service Provider is required to register as a supplier/ service provider on the Employer’s vendor register before any payment can be done.

Accept that if the Tenderer is already registered as a vendor, it is required to record the vendor number in space provided on the cover page of this Tender document If space is provided.

Vender Registration Documents are available from the Supply Chain office or can be downloaded from http://www.ratlou.gov.za Accept that a Joint Venture/Consortium submitting a Tender shall comply with the requirements of this clause”


“F.2.28

Tax Clearance Certificate

In the case of a Joint Venture/Consortium the tax clearance certificate must be for the Joint Venture/Consortium or individual valid tax clearance certificates for all the members of the Joint Venture/Consortium.”

F.3.1

Respond to clarification

Replace the contents of the clause with the following:

“Respond to a request for clarification received up to seven calendar days before the Tender closing time stated in the Tender data and notify all Tenderers who drew procurement documents”

F.3.4 F.3.4.1

Opening of Tender submissions

The time and location for the tender submissions are stated in the Tender Notice and Invitation to Tender.

F.3.11

Evaluation of Tenders

The tender evaluation method to evaluate all responsive tender offers will be METHOD 1



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F.3.11.1

F.3.11.3 (d) and (e)

General

Method 1

Apply the 80/20 Preference Point system where a maximum of ninety (80) tender adjudication point be awarded for price and a maximum of ten (20) points for B-BBEE status level of contribution. Refer to Part T2 – Returnable Documents.

Replace the contents of the clauses with the following:

The contract must be awarded to the tenderer who scores the highest points, unless objective criteria to justify the award to another tenderer

F.3.11.7

Scoring Financial Offers

The maximum possible number of tender evaluation points awarded for the financial offer = W1 = 80

The financial offer will be scored in terms of FORMULA 2, option OPTION 1 of the Standard Conditions of Tender (Section T1.3 of the document).

F.3.11.9

Scoring quality

Replace the contents of clause F.3.11.9 with the following:

"Only those tenders who score a minimum of 60 points in respect of the following criteria are considered responsive and are eligible to have their tenders evaluated:

The quality criteria and maximum score in respect of each of the criteria are as follows:

QUALITY CRITERIA SUB CRITERIA MAXIMUM NUMBER OF POINTS

Tenderer’s experience with respect to specific aspects of the project / similar projects – NB: Profile with valid references to be attached.

5 Projects & above 30

2 – 4 Projects 25

1 – 2 Projects 15

0 – 1 Project 0

Experience of Key Personnel Experience of Key Personnel - NB: CV’s with valied references to be attached

5 Years & above 40

2 – 4 Years 30

1 – 2 Years 15

0 – 1 Year 0

Company or Key Personnel registration with relevant bodies (ECSA) Project Leader and Project Engineer/Technologist/Technician) –

NB: Valid proof of registration to be attached.

Registered 15

Not Registered 0

Qualification of key personnel - NB: Valid certificates of qualification to be attached

B-Tech/Bsc Eng 15

N.Diploma 10

Maximum possible score for quality (Ms)

- 100

Required points to proceed to the next stage of evaluation

- 60



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F.3.13

Acceptance of tender offer

Tend

Te Tender offers will only be accepted if:

a) the Tenderer is able to produce a valid Tax Clearance Certificate issued

by the South African Revenue Service;

b) the Tenderer is not in arrears for more than 3 months with municipal rates and taxes and municipal service charges;

c) the Tenderer or any of its directors is not listed on the Register of Tender

Defaulters in terms of the Prevention and Combating of Corrupt Activities Act of 2004 as a person prohibited from doing business with the public sector, and

d) the Tenderer has not:

abused the Employer’s Supply Chain Management System; or

Failed to perform on any previous contract and has been given a written notice to this effect.

e) It is considered that the performance of the services will not be

compromised through any conflict of interest.

Tender T2 Part T2: Returnable Documents Returnable Documents

14

Part T2: Returnable Documents

Pages

T2.1 List of Returnable Documents .......................................................... 20

T2.2 Returnable Schedules ................................................................21 - 39


Tender T2.1 Part T2: Returnable documents List of Returnable Documents

15

T2.1 List of Returnable Documents

The tenderer must complete the following Returnable Documents:

1. Returnable Schedules required for tender evaluation purposes Pages

1: COMPULSORY ENTERPRISE QUESTIONNAIRE ....................................................................... 21 – 22 2: CERTIFICATE OF AUTHORITY FOR JOINT VENTURES ................................................................... 23 3: TAX CLEARANCE CERTIFICATE AND SCHEDULE FOR CONTRACTS OVER R10 MILLION ......... 24 4: CONFIRMATION OF ENTERPRISE REGISTRATION ......................................................................... 25 5: DECLARATION IN TERMS OF THE MUNICIPAL FINANACE MANAGEMENT ACT ........................... 26 6: CONSULTANCY SERVICES PROVIDED TO ORGANS OF STATE .................................................... 27 7: CERTIFICATE FOR MUNICIPAL SERVICES AND PAYMENTS TO SERVICE PROVIDER ................ 28 8: KEY PERSONNEL ................................................................................................................................ 29 9: SUPPORT RESOURCES ...................................................................................................................... 30 10: PROFESSIONAL INDEMNITY INSURANCE ........................................................................................ 31 11: PROPOSED WORK PLAN .................................................................................................................... 32 12: EXPERTISE OF KEY PERSONNEL ..................................................................................................... 33 13: TRACK RECORD .................................................................................................................................. 34

2. Other documents required for tender evaluation purposes A copy of the Joint Venture Agreement (if applicable and indicate percentages) - append to

Schedule 2.

Curriculum Vitae of Key Personnel as applicable - append to Schedule 8.

Documentary evidence/proof of Professional Indemnity Insurance - append to Schedule 10.

An original valid Tax Clearance Certificate issued by the South African Revenue Services - append to Schedule 3.

A proposed work plan - append to Schedule 11.

A statement of expertise/experience of key personnel relevant to project - append to Schedule 12.

A proposed resource allocation schedule - append to Schedule 15.

3. Returnable Schedules that will be incorporated into the Contract

14: ALLOCATION OF RESOURCES ........................................................................................................ 35 15. AUTHORISATION FOR THE DEDUCTION OF OUTSTANDING AMOUNTS OWED TO COUNCIL ... 36 16: RECORD OF ADDENDA TO TENDER DOCUMENTS ....................................................................... 37 17: ALTERATIONS/AMENDMENTS BY TENDERER ................................................................................ 38

4. Other documents that will be incorporated into the contract 18: PREFERENCING SCHEDULE…………………………………………………………………………….. 39-40

5. C1.1 The offer portion of the C1.1 Offer and Acceptance 6. C1.2 Contract Data (Part 2) NB: TENDERERS MUST COMPLETE THESE SCHEDULES / DATA SHEETS / FORMS IN NON-ERASABLE

INK


Tender T2.2 Part T2: Returnable documents Returnable Schedules

16

T2.2 Returnable Schedules SCHEDULE 1: COMPULSORY ENTERPRISE QUESTIONNAIRE

The following particulars must be furnished. In the case of a joint venture, separate enterprise questionnaires in

respect of each partner must be completed and submitted.

Section 1: Name of enterprise: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Physical address of enterprise: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(LOCAL OFFICE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

Section 4: Particulars of sole proprietors and partners in partnerships

Name* Identity number* Personal income tax number*

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

Section 5: Particulars of companies and close corporations

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

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

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

Section 6: Record of service of the state

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

a member of any municipal council a member of any provincial legislature a member of the National Assembly or the

National Council of Province a member of the board of directors of any

municipal entity an official of any municipality or municipal

entity

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

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

an employee of Parliament or a provincial legislature

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

Tender T2.2 Part T2: Returnable documents Returnable Schedules

17

Name of sole proprietor, partner, director, manager, principal shareholder or stakeholder

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

Status of service (tick appropriate column)

Current Within last 12 months

*insert separate page if necessary

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

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

the National Council of Province a member of the board of directors of

any municipal entity an official of any municipality or

municipal entity

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

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

an employee of Parliament or a provincial legislature

Name of spouse, child or parent

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

Status of service (tick appropriate column)

Current Within last 12 months

*insert separate page if necessary

The undersigned, who warrants that he/she is duly authorized to do so on behalf of the enterprise: i) authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services that my

/ our tax matters are in order; ii) confirms that the neither the name of the enterprise or the name of any partner, manager, director or other

person, who wholly or partly exercises, or may exercise, control over the enterprise appears on the Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004;

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

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

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

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


Contract C1.1 Part C1: Agreements and contract data Form of offer and acceptance

18

SCHEDULE 2 : CERTIFICATE OF AUTHORITY FOR ENTITY OR JOINT VENTURES

This returnable schedule is to be completed by entity or joint ventures.

We, the undersigned, are submitting this tender offer in joint venture and hereby authorize Mr/Ms ……………….

………………………….., authorized signatory of the company, close corporation or partnership ………………….

………………………………………………………..., acting in the capacity of lead partner, to sign all documents in

connection with the tender offer and any contract resulting from it on our behalf.

NAME OF FIRM ADDRESS DULY AUTORISED SIGNATORY

Lead partner Signature………………….. Name……………………… Designation………………..

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



+ Note: A copy of the Joint Venture Agreement showing clearly the percentage contribution of each partner to the Joint Venture shall be appended to this schedule.



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SCHEDULE 3 : TAX CLEARANCE CERTIFICATE AND SCHEDULE FOR CONTRACTS OVER R10 MILLION

1. TAX CLEARANCE CERTIFICATE

An original valid Tax Clearance Certificate from the South African Revenue Services (SARS) shall be attached to this Schedule. Each party to a Consortium/Joint Venture shall submit a separate Tax Clearance Certificate.


2. SCHEDULE FOR CONTRACTS OVER R10 MILLIION

Tenderers are referred to Clause F.2.23.2 and shall attach all the required documentation to this Schedule where a tender price exceeds R10 million.

Each party to a Consortium/Joint Venture shall submit a separate set of documents.




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SCHEDULE 4 : CONFIRMATION OF ENTERPRISE REGISTRATION

I/We understand that in terms of the Employer’s Procurement Policy, tenderers are required to be registered and verified on the Central Supplier Database.

Registration as Service Provider on the Central Supplier Database (www.csd.gov.za)

I/We hereby confirm my/our registration on the Central Supplier Database

COMPANY NAME REGISTERED YES/NO

REGISTRATION NUMBER OR ACKNOWLEDGEMENT OF RECEIPT OF APPLICATION

Tenderers who are not registered and verified on the Central Supplier Database are not precluded from submitting tenders and quotations, but must be registered and verified before the closing date in order to qualify for preference points. Contracts will not be concluded with tenderers who are not registered and verified on the Central Supplier

Database. In this regard it is the sole responsibility of tenderers to ensure that this requirement is complied with. In the case of Joint Venture Partnerships this requirement will apply to each party to the Joint Venture.




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SCHEDULE 5: DECLARATION IN TERMS OF THE MUNICIPAL FINANCE MANAGEMENT ACT (No. 56 of 2003)

Item Question Yes No

1.1 Is the Tenderer or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied).

Yes

No

1.1.1 If so, furnish particulars:

1.2 Is the Tenderer or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of 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


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

Yes

No


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

Yes

No


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

Yes

No


CERTIFICATION

I, THE UNDERSIGNED (FULL NAME) …………..……………………………................................................…… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME

SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………... ………………………….. Signature Date ………………………………………. ………………………….. Position Name of Tenderer

*where the entity tendering is a joint venture, each party to the joint venture must sign a declaration in terms of the Municipal Finance Management Act and attach it to this schedule

http://www.treasury.gov.za/



22

SCHEDULE 6 : CONSULTANCY SERVICES PROVIDED TO ORGANS OF STATE

The tenderer shall indicate on the schedule below particulars of all consultancy services provided to organs of state by all offices country wide in the last five years. Tenderers shall also indicate, by means of a cross (x) in the last column, which, if any, of the services listed are of a similar nature, to those being tenderer for in terms of this tender. Where the entity tendering is a joint venture, the particulars of services provided to organs of state by each party to the joint venture, must be submitted as part of this schedule (additional pages may be added if necessary).

CONSULTANCY SERVICES PROVIDED TO ORGANS OF STATE

TITLE OF PROJECT VALUE OF CONTRACT

EMPLOYER CONTACT DETAILS

DATE COMPLETED

SIMILAR SERVICE

SIGNED ON BEHALF OF TENDERER: …………………………………………………………………………………



23

SCHEDULE NO. 7: CERTIFICATE FOR MUNICIPAL SERVICES AND PAYMENTS TO SERVICE PROVIDER

To: THE MUNICIPAL MANAGER, RATLOU LOCAL MUNICIPALITY

C E R T I F I C A T E F O R M U N I C I P A L S E R V I C E S

A N D P A Y M E N T S T O S E R V I C E P R O V I D E R

Information required in terms of the Municipal’s Supply Chain Management Policy, Sections 51.1 and 111.2

CONTRACTORS ARE INVITED FOR THE DESIGN, CONSTRUCTION AND PROJECT MANAGEMENT SERVICES TO A PAVED ACCESS ROAD TO SETLAGOLE SPORTS GROUND (TURNKEY)) NAME OF THE BIDDER: ………………………………………………………………………………………..

FURTHER DETAILS OF THE BIDDER(S); Director / Shareholder / Partners, etc:

Directors /Shareholder/Partner

Physical address of the Business

Municipal Account number(s)

Physical residential

address of the Director / shareholder / partner

Municipal Account number(s)

NB: Please attach Certified copy(ies) of ID document(s)

I, ___________________________________________________________________________,the undersigned, (full name in block letters)

certify that the information furnished on this declaration form is correct and that I/we have 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. ________________________________________

Signature

THUS DONE AND SIGNED for and on behalf of the Bidder / Consultant

at ……………………………………………….. on the ………. day of ……………………….……… 20…….

(PLACE) (DATE) (MONTH) (YEAR)

For office use (comments): Telephone relevant Local Municipality

…………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………

NB: Bidders to furnish proof of payment of Municipal Services and any other Contract with Landlord / Home Owner, or letter from Tribal Authority.



24

SCHEDULE 8: KEY PERSONNEL

The tenderer is referred to clause F.2.1.3 of the Tender Data and shall insert in the spaces provided below details of the key personnel required to be in the employment of the tenderer in order for the tenderer to be eligible to submit a tender for this project. The Curriculum Vitae of each individual must be appended to this schedule.

PROJECT LEADER

NAME JOB TITLE QUALIFICATIONS ECSA REGISTRATION NO.

NO. OF YEARS SPECIFIED EXPERIENCE

PROJECT ENGINEER/ TECHNOLOGIST/ TECHNICIAN

NAME JOB TITLE QUALIFICATIONS ECSA REGISTRATION NO.


SACNASP REGISTRATION NO.


NB: THE TENDERER SHALL ATTACH ECSA & SACNASP REGISTRATION CERTIFICATE FOR EASE OF REFERENCE




25

SCHEDULE 9: SUPPORT RESOURCES

The tenderer is referred to clause F.2.1.4 of the Tender Data and shall state below what software packages are available for use on this project and whether or not they are currently owned/licensed by the tenderer, or are available through other means.

SOFTWARE PACKAGE/S AVAILABLE FOR USE

NAME OF PACKAGE

DESCRIPTION

CURRENTLY OWNED/

LICENCED

OR OTHER




26

SCHEDULE 10: PROFESSIONAL INDEMNITY INSURANCE

The tenderer is referred to clause F.2.1.5 of the Tender Data and shall state below details of the professional indemnity insurance held by the tenderer. Where the tenderer is a joint venture, each party to the joint venture must submit details of their professional indemnity insurance. Proof of insurance must be appended to this schedule.

PROFESSIONAL INDEMNITY INSURANCE HELD (Proof be attached)

NAME OF INSURED

NAME OF INSURER

LIMIT OF INDEMNITY IRO EACH CLAIM




27

SCHEDULE 11: PROPOSED WORK PLAN

The tenderer shall append their proposed work plan to this Schedule. It should be noted that while a programme may form part of the required work plan, more than a programme is expected in response to this requirement. The work plan must indicate the approach and methodology that the tenderer intends following in order to reach the required outcomes. The work plan must show that the tenderer has appreciated the Scope of Work, and has good insight as to what actions or activities are required in order to comply with the Employers objectives. The proposed work plan is an important document based upon which tender evaluation points for quality will be awarded. Tenderers should however endeavour to keep their submissions in this regard to a maximum of 5 pages. SIGNED ON BEHALF OF TENDERER: …………………………………………………………………………………



28

SCHEDULE 12: EXPERTISE OF KEY PERSONNEL

Notwithstanding having appended the Curriculum Vitae of the key personnel to Schedule 4 above, the tenderer shall append to this schedule, a statement for each of the individuals identified, which indicates any fields of specialisation and any recent experience that is relevant to this particular project (which may or may not have formed part of the individual’s CVs). Tenderers should indicate what particular aspect of the project the specialisation or experience is relevant to. Tender evaluation points for quality will be awarded for relevant expertise of the key personnel. SIGNED ON BEHALF OF TENDERER: …………………………………………………………………………………



29

SCHEDULE 13: TRACK RECORD

The tenderer shall indicate on the schedule below all relevant projects that have been successfully completed in their local office in the past three years, or that are underway at present.

Where the entity tendering is a joint venture, the track record of each party to the joint venture must be submitted as part of this schedule (additional pages may be added if necessary). A score for each will be combined in proportion to the percentage contribution of each party to the joint venture. Tender evaluation points will awarded for quality according to the nature and scale of projects listed.

TRACK RECORD – References to be attached

TITLE AND BRIEF DESCRIPTION OF PROJECT VALUE OF CONTRACT

EMPLOYER DATE COMPLETED




30

SCHEDULE 14: ALLOCATION OF RESOURCES

The tenderer shall append their proposed resource allocation to this schedule. This schedule should include all personnel that are intended to be used in the execution of the work (including the key personnel and others as may be necessary) with details of their name, qualification, title/job description, a brief description of their function in relation to this project, whether or not they are in the employment of the tenderer at present, and on what basis they will be involved in his project (part time oversight role, full time for duration of certain activities, as and when required etc). This schedule should also include resources other than human (equipment, software, etc) that are relevant to/necessary for and are available, or will be bought/hired in, for use on this project . Tender evaluation points for quality will be awarded for the allocation of resources over and above the key personnel named in Schedule 4 and scored in Schedule 9 above. The employer may request more detailed information relating to the resources listed if deemed necessary. SIGNED ON BEHALF OF TENDERER: …………………………………………………………………………………



31

SCHEDULE NO. 15: AUTHORISATION FOR THE DEDUCTION OF OUTSTANDING AMOUNTS OWED TO COUNCIL

To: THE MUNICIPAL MANAGER, RATLOU LOCAL MUNICIPALITY From: _________________________________________________________ (Name of Bidder or consortium)

AUTHORISATION FOR THE DEDUCTION OF OUTSTANDING AMOUNTS OWED TO COUNCIL

Extract from Supply Chain Management Policy, Section 51.1: “The Municipal Manager may reject the bid or quote of any person if that person or any of its directors has: 51.1 failed to pay municipal rates and taxes or municipal service charges and such rates, taxes and charges are in arrears for more than three months; …”

I, THE UNDERSIGNED, __________________________________________________________________ ____,

(FULL NAME IN BLOCK LETTERS)

hereby authorise the Ratlou Local Municipality to deduct the full amount outstanding by the business organization / Director, shareholder, partner, etc from any payment due to Ratlou Local Municipality or any Local Municipality within the District. …………………………………………………………….

Signature THUS DONE AND SIGNED for and on behalf of the Bidder / Contractor

at ……………………………………………….. on the ………. day of ……………………….……… 20…….

(PLACE) (DATE) (MONTH) (YEAR)

in the presence of the subscribing witnesses. AS WITNESSES:

1 ........................................................................ Name in Block Letters: .............................................................. (SIGNATURE)

2 ........................................................................ Name in Block Letters: .............................................................. (SIGNATURE)



32

SCHEDULE 16 : RECORD OF ADDENDA TO TENDER DOCUMENTS

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

Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Attach additional pages if more space is required.

Signed

Date

Name

Position

Tenderer



33

SCHEDULE 17: ALTERATIONS/AMENDMENTS BY TENDERER

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

PAGE AND CLAUSE/ ITEM

ALTERATION/AMENDMENT




34

SCHEDULE 18: PREFERENCING SCHEDULE

MBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017

a)

This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL

CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017.

1. GENERAL CONDITIONS

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

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

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

1.2

a) The value of this bid is estimated NOT to exceed R50 000 000 (all applicable taxes included) and therefore the ……80/20…….. preference point system shall be applicable; or

b) Either the 80/20 or 90/10 preference point system will be applicable to this tender (delete whichever is not applicable for this tender).

1.3 Points for this bid shall be awarded for:

(a) Price; and

(b) B-BBEE Status Level of Contributor.

1.4 The maximum points for this bid are allocated as follows:

POINTS

PRICE

B-BBEE STATUS LEVEL OF CONTRIBUTOR

Total points for Price and B-BBEE must not exceed

100

1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated



35

or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.

2. DEFINITIONS

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

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

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

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

(e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

(f) “functionality” means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents.

(g) “prices” includes all applicable taxes less all unconditional discounts;

(h) “proof of B-BBEE status level of contributor” means:

1) B-BBEE Status level certificate issued by an authorized body or person;

2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice;

3) Any other requirement prescribed in terms of the B-BBEE Act;

(i) “QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

(j) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes all applicable taxes;

3. POINTS AWARDED FOR PRICE

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

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

min

min180

P

PPtPs or

min

min190

P

PPtPs

Where

Ps = Points scored for price of bid under consideration

Pt = Price of bid under consideration



36

Pmin = Price of lowest acceptable bid

4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR

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

B-BBEE Status Level of Contributor

Number of points

(90/10 system)

Number of points

(80/20 system)

1 10 20

2 9 18

3 6 14

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant contributor

0 0

5. BID DECLARATION

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

6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 4.1

6.1 B-BBEE Status Level of Contributor: . = ………(maximum of 10 or 20 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of contributor.

7. SUB-CONTRACTING

7.1 Will any portion of the contract be sub-contracted?

(Tick applicable box)

YES NO

7.1.1 If yes, indicate:

i) What percentage of the contract will be subcontracted............…………….…………%

ii) The name of the sub-contractor…………………………………………………………..

iii) The B-BBEE status level of the sub-contractor......................................……………..



37

iv) Whether the sub-contractor is an EME or QSE

(Tick applicable box)

YES NO

v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of Preferential Procurement Regulations,2017:

Designated Group: An EME or QSE which is at last 51% owned by:

EME

√

QSE

√

Black people

Black people who are youth

Black people who are women

Black people with disabilities

Black people living in rural or underdeveloped areas or townships

Cooperative owned by black people

Black people who are military veterans

OR

Any EME

Any QSE

8. DECLARATION WITH REGARD TO COMPANY/FIRM

8.1 Name of

company/firm:…………………………………………………………………………….

8.2 VAT registration

number:……………………………………….…………………………………

8.3 Company registration

number:…………….……………………….…………………………….

8.4 TYPE OF COMPANY/ FIRM

Partnership/Joint Venture / Consortium

One person business/sole propriety

Close corporation

Company

(Pty) Limited [TICK APPLICABLE BOX]

8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

…………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

………………..



38

8.6 COMPANY CLASSIFICATION

Manufacturer

Supplier

Professional service provider

Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX]

8.7 MUNICIPAL INFORMATION

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

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

Stand Number:……………………………………………….

8.8 Total number of years the company/firm has been in

business:……………………………

8.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the

company/firm, certify that the points claimed, based on the B-BBE status level of

contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies

the company/ firm for the preference(s) shown and I / we acknowledge that:

i) The information furnished is true and correct;

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

iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;

iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –

(a) disqualify the person from the bidding process;

(b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct;

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

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

(e) forward the matter for criminal prosecution.



39

………………………………………. SIGNATURE(S) OF BIDDERS(S)

DATE: …………………………………..

ADDRESS …………………………………..

…………………………………..

…………………………………..

WITNESSES 1. ……………………………………..

2. …………………………………….



40

Part C1: Agreements and Contract Data

Pages

C1.1 Form of Offer and Acceptance ................................................42 - 45

C1.2 Contract Data ............................................................................46 - 49

C1.3 Occupational Health and Safety Agreement ..........................50 - 51



41

C1.1 Form of Offer and Acceptance Offer The Employer, identified in the acceptance signature block, has solicited offers to enter into a contract for the procurement of: PROFESSIONAL SERVICES: FOR A TURNKEY PROJECT TO OFFER PROFESSIONAL SERVICES, PROJECT MANAGEMENT, REPAIRS AND REFURBISHMENT OF PAVED ACCESS TO SETLAGOLE SPORTS FACILITY (TURNKEY)

The tenderer, identified in the offer signature block, has examined the documents listed in the tender data and addenda thereto as listed in the returnable schedules, and by submitting this offer has accepted the conditions of tender. By the representative of the tenderer, deemed to be duly authorized, signing this part of this form of offer and acceptance, the tenderer offers to perform all of the obligations and liabilities of the service provider under the contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the conditions of contract identified in the contract data. THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS:

Rand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . (in words);

R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (in figures).

This offer may be accepted by the Employer by signing the acceptance part of this form of offer and acceptance and returning one copy of this document to the tenderer before the end of the period of validity stated in the tender data, whereupon the tenderer becomes the party named as the service provider in the conditions of contract identified in the contract data. Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the tenderer

(Name and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . address of organization) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name and signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


42

Acceptance By signing this part of this form of offer and acceptance, the employer identified below accepts the tenderer’s offer. In consideration thereof, the employer shall pay the service provider the amount due in accordance with the conditions of contract identified in the contract data. Acceptance of the tenderer’s offer shall form an agreement between the employer and the tenderer upon the terms and conditions contained in this agreement and in the contract that is the subject of this agreement.

The terms of the contract, are contained in:

Part C1: Agreements and contract data, (which includes this agreement) Part C2: Pricing data Part C3: Scope of work. Part C4: Site information

and drawings and documents or parts thereof, which may be incorporated by reference into Parts 1 to 4 above. Deviations from and amendments to the documents listed in the tender data and any addenda thereto as listed in the tender schedules as well as any changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance, are contained in the schedule of deviations attached to and forming part of this agreement. No amendments to or deviations from said documents are valid unless contained in this schedule. The tenderer shall within two weeks after receiving a completed copy of this agreement, including the schedule of deviations (if any), contact the employer’s representative (whose details are given in the contract data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the contract data. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this agreement. Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives one fully completed original copy of this document, including the schedule of deviations (if any). Unless the tenderer (now Contractor) within five working days of the date of such receipt notifies the employer in writing of any reason

why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract between the parties. Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the Employer RATLOU LOCAL MUNICIPALITY

R 507 Delareyville Road Setlagole 2772 Name and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . .

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


43

Schedule of Deviations 1 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

2 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

3 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

4 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

5 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

By the duly authorized representatives signing this agreement, the employer and the tenderer agree to and accept the foregoing schedule of deviations as the only deviations from and amendments to the documents listed in the tender data and addenda thereto as listed in the tender schedules, as well as any confirmation, clarification or changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this agreement shall have any meaning or effect in the contract between the parties arising from this agreement.


44

For the Tenderer: Signature(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Name and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . address of organization) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name and signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . .

For the Employer: Signature(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Name and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . address of organization) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name and signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . .


Contract C1.2 Part C1: Agreement and Contract Data Contract Data

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C1.2 Contract Data

Part 1: Contract Data provided by the Employer GENERAL CONDITIONS OF CONTRACT The General Conditions of Contract are the Standard Professional Services Contract (March 2004), published

by the Construction Industry Development Board. Copies of these General Conditions of Contract may be obtained from the Construction Industry Development Board’s website www.cidb.org.za. Copies of the General Conditions of Contract are also available for inspection

and scrutiny at the offices of the Employer. The pro-formas attached to the Standard Professional Services Contract (March 2004) on pages 16 to 23 shall not apply to this Contract and shall be replaced with the documentation bound into this tender document. The General Conditions of Contract make several references to the Contract Data for specific data, which together with the standard contract collectively describe the risks, liabilities and obligations of the contracting parties and the procedures for the administration of the Contract. The Contract Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the General Conditions of Contract. The General Conditions of Contract shall be read in conjunction with the variations, amendments and additions set out in the Contract Specific Data below. Each item of data given below is cross-referenced to the clause in the General Conditions of Contract to which it mainly applies.

CONTRACT SPECIFIC DATA

The following contract specific data is applicable to this Contract: The Employer is the RATLOU LOCAL MUNICIPALITY.

Clause 3.4 and Clause 4.3.5: Add the following: The authorized and designated representative of the Employer is the MUNICIPAL MANAGER.

The address for receipt of communications is: Telephone: (018) 330 7000 Facsimile: (018) 330 7019 Postal Address: Private Bag X209 Madibogo 2773 Physical Address: Ratlou Local Municipality, Delareyville Road, Setlagole Village, 2773 The project is the: PROFESSIONAL SERVICES, PROJECT MANAGEMENT, REPAIRS AND REFURBISHMENT OF TLHAPING COMMUNITY HALL (TURNKEY)

Clause 3.5:

Add the following: The locations of the various projects are in and around the jurisdiction of Ratlou Local Municipality. The exact location of the project will be made known to the successful tenderer. Clause 3.11 Add the following: Penalty The Service Provision shall be completed within the Duration as indicated in the Bidding Entities’ programme submitted with this bid, with the following key Milestones:

http://www.cidb.org.za/

RATLOU LOCAL MUNICIPALITY Tlhaping Community Hall


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MILESTONES PENALTY PER CALENDAR DAY

Preliminary design 1% of total tendered professional fees

Design and Bid Documents 1% of total tendered professional fees

Construction tender Closing Date 1% of total tendered professional fees

An acceptable Tender Evaluation report submitted to Council

1% of total tendered professional fees

Notes: The Penalty amount will not be limited. Penalty for misleading council with wrong information provided in the returnable schedules, and information provided in this Bid. A penalty not less than an amount equal to the points allocated expressed as a percentage of the total points wrongly allocated to the Bidding Entity as a result of the wrong information provided by the Bidding Entity, multiplied by 1.25 of the total tendered professional fees. Penalty = (Points wrongly claimed as %) x 1.25 x (Tendered Professional Fees) A Programme shall be submitted with this Bid, the programme will be amended once the bid has been awarded with the start date the commencement of the project. Clause 3.14: Add the following: The programme shall be submitted within 7 days of the Acceptance of the tender Offer.

Clause 5.1.1 and Clause 5.2 Add the following:

The Service Provider is required to provide the Service with all reasonable care, diligence and skill in accordance with generally accepted professional techniques and standards. Clause 5.4.1:

Add the following: The Service Provider is required to take out and maintain, for the full duration of the performance of this contract, the following insurance cover: 1. Professional Indemnity Insurance providing cover in an amount of not less than R5 000 000 in respect of each

and every claim during the period of insurance. 2. Public Liability Insurance with a limit of indemnity of not less than R10 000 000 for any single claim, the number

of claims to be unlimited during the contract period. 3. Insurance in terms of the provisions of the Compensation for Occupational Injuries and Diseases (COID) Act,

Act No 130 of 1993. The Service Provider shall ensure that any subcontractors engaged in construction activities shall, in addition to the Public Liability and COID Insurances as described above, also take out and maintain contractors all risks insurance to the value of the work being undertaken. Clause 5.5: Add the following: The Service Provider is required to obtain the Employer’s prior approval in writing before taking any of the following actions: 1. Replacing any of the key personnel listed at the time of tender. 2. Appointing construction monitoring staff with respect to any construction contract arising out of this professional

services contract. 3. Occupying any public land or facility for any purpose that will cause disruption and or inconvenience to the

users of such land or facility. Clause 7: Amend as follows:

Replace all reference to the “Personnel Schedule” in Clause 7 with the “Allocation of Resources Schedule” (Schedule 15). Clause 8.1:

Add the following: The time to commence the performance of the Services is within 14 days after the date that the Contract becomes

effective. Clause 8.4.1 Add the following:



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(c) If, as a result of a budget adjustment process, it becomes necessary to reduce the funding allocation for the contract. Clause 9.1: Add the following: Copyright of documents prepared for the project shall be vested with the Employer. Clause 12.1.2: Add the following: Interim settlement of disputes is to be by mediation.

Clause 12.2.1: Add the following: In the event that the parties fail to agree on a mediator, the mediator is nominated by the President of the South African Institute of Civil Engineers. Clause 12.2.4: Add the following: Final settlement is by litigation.

Clause 13.5.1 Add the following: The maximum amount of compensation payable by either party to the other in respect of liability under the Contract is limited to R1 000 000.00.



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Part 2: Data provided by the Service Provider The Service Provider is: ……………………………………………………………………………………………….

Postal Address: ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. Physical Address: ……………………………………………………………………………………………………... ……………………………………………………………………………………………………… Telephone: …………………………………………..… Facsimile: …………………………………………..…

The authorized and designated representative of the Service Provider is:

Name: ……………………………………………………………………………………………………….

The address for receipt of communication is:

Address: ……………………………………………………………………………………………………….

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

Telephone: …………………………………………..… Facsimile: …………………………………………..…



Contract C1.3 Part C1: Agreement and Contract Data Health and Safety Agreement

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C1.3 Occupational Health and Safety Agreement AGREEMENT MADE AND ENTERED INTO BETWEEN THE RATLOU LOCAL MUNICIPALITY (HEREINAFTER CALLED THE “EMPLOYER”) AND

……………………....................………………………………….............…………………………. , (Contractor/ Mandatory / Company/ CC Name) IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH AND SAFETY ACT AND REGULATIONS, ACT No. 85 OF 1993 AS AMENDED.

I, ……………………………………....……………………………................…………………………., representing ……………………....................………………………………….............…………………………. , as an employer in its own right, do hereby undertake to ensure, as far as is reasonably practicable, that all work will be performed, and all equipment, machinery or plant used in such a manner as to comply with the provisions of the Occupational Health and Safety Act (OHSA) and the Regulations promulgated there under. I furthermore confirm that I am/we are registered with the Compensation Commissioner and that all registration and assessment monies due to the Compensation Commissioner have been fully paid or that I/We are insured with an approved licensed compensation insurer. COID ACT Registration Number: OR Compensation Insurer: ........................................................ Policy No.: ..................................................... I undertake to appoint, where required, suitable competent persons, in writing, in terms of the requirements of OHSA and the Regulations and to charge him/them with the duty of ensuring that the provisions of OHSA and Regulations as well as the Council’s Special Conditions of Contract, Way Leave, Lock-Out and Work Permit Procedures are adhered to as far as reasonably practicable. I further undertake to ensure that any subcontractors employed by me will enter into an occupational health and safety agreement separately, and that such subcontractors comply with the conditions set. I hereby declare that I have read and understand the appended Occupational Health and Safety Conditions and undertake to comply therewith at all times. I hereby also undertake to comply with the Occupational Health and Safety Specification and Plan. Signed at .......................................on the......................................day of....................................20…. _______________________ ____________________ Witness Mandatory

Signed at ...................................... on the.....................................day of......................................20 .... _______________________ ____________________ Witness for and on behalf of

Ratlou Local Municipality

Contract C1.3 Part C1: Agreement and Contract Data Health and Safety Agreement

50

OCCUPATIONAL HEALTH AND SAFETY CONDITIONS

1. The Chief Executive Officer of the Contractor shall assume the responsibility in terms of Section 16(1) of the Occupational Health and Safety Act (as amended). Should the Contractor assign any duty in terms of Section 16(2), a copy of such assignment shall immediately be provided to the representative of the Employer as defined in the Contract.

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

3. The Contractor shall appoint a Competent Person who shall be trained on any occupational health and safety aspect pertaining to them or to the work that is to be performed.

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

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

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

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

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

9. All incidents referred to in terms of Section 24 of the Occupational Health and Safety Act shall be reported by the Contractor to the Department of Labour and the Employer.

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

11. No use shall be made of any of the Employer’s machinery / plant / equipment / substance / personal protective equipment or any other article without prior arrangement and written approval.

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

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


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_________________________________________________________________________

PART C2: PRICING DATA _________________________________________________________________________

Pages C2.1 Pricing Instructions .....................................................................................52 C2.2 Pricing Schedule .................................................................................... 53-54


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C2.1 PRICING INSTRUCTIONS

C2.1.1 Measurement and Payment shall be in accordance with the relevant provisions of SANS 1200

C2.1.2 The units of measurement indicated in the Bill of Quantities are metric units. The following

abbreviations are used in the Bill of Quantities:

mm = millimetre m = metre km = kilometre km-pass = kilometre-pass m2 = square metre m2-pass = square metre pass ha = hectare m³ = cubic metre m³-km = cubic metre kilometre l = litre kl = kilolitre kg = kilogram t = ton (1000 kg) No = number mn = meganewton mn-m = meganewton-metre % = percent Kw = kilowatt Kn = kilonewton PC sum = prime cost sum Prov sum = provisional sum

C2.1.3 For the purposes of this Bill of Quantities, the following words shall have the meanings hereby

assigned to them. Unit: The unit of measurement for each item of work as defined in the Standard

Specifications or the Project Specifications. Quantity: The number of units of work for each item. Rate: The payment per unit of work for which the Tenderer tenders to do the work. Amount: The product of the quantity and the rate tender for an item. Lump Sum: An amount tender for an item, the extent of which is described in the Bill of

Quantities, the Specifications or elsewhere, but of which the quantity of work is not measured in units.

C2.1.4 This Bill of Quantities forms part of the contract documents and must be read in conjunction with all the other documents comprising the contract documents.

C2.1.5 The quantities set out in the Bill of Quantities are only approximate quantities. The quantities of

work finally accepted and certified for payment, and not the quantities given in the Bill of Quantities, will be used to determine payments to the Service Provider. The validity of the contract shall in no way be affected by differences between the quantities in the Bill of Quantities and the quantities finally certified for payment.

C2.1.6 Rates and lump sums shall include full compensation for overheads, profits, incidentals, tax

(other than VAT), etc. and for the completed items of work as specified. Full compensation for


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completing and maintaining, during the defects liability period, all the work shown on the drawings and specified in the Standard Specifications and Project Specifications and for all the risks, obligations and responsibilities specified in the General Conditions of Contract, Special Conditions of Contract, Standard Specifications and Project Specifications shall be considered as provided for collectively in the items of payment given in the Bill of Quantities, except in so far as the quantities given in the Bill of Quantities are only approximate.

C2.1.5 The Tenderer shall fill in a rate or a lump sum for each item where provision is made for it even

where no quantities are given. Items against which no rate or lump sum has been entered in the tender will not be paid for when the work is executed, as payment for such work will be regarded as being covered by other rates or lump sums in the Bill of Quantities. The Tenderer shall fill in a rate against all items where the words “rate only” appear in the amount column. Although no work is foreseen under such item and no quantities are consequently given in the quantity column, the tender rate shall apply should work under this item actually be required. Tenderers should note the provisions of paragraph 10 of this preamble. If the Tenderer should group a number of items together and tender one lump sum for each group of items, this single tender lump sum shall apply to that group of items and not to each individual item, or should he indicate that full compensation for any item has been included in the rate for another item, the rate for the item included in another item shall be deemed to be nil. The tender lump sums and rates shall be valid irrespective of any change in the quantities during the execution of the contract.

C2.1.6 The amount of work or the quantities of material stated in the Bill of Quantities shall not be considered as restricting or extending the amount of work to be done or quantity of material to be supplied by the Service Provider.

C2.1.7 The statement of quantities of material or the amount of work in the Bill of Quantities shall not be regarded as authorisation for the Service Provider to order material or to execute work. The Service Provider shall obtain the Engineer’s detailed instructions for all work before ordering any materials or executing work or making arrangements in this regard.

C2.1.8 The short descriptions of the payment items in the Bill of Quantities are only given to identify the items and to provide specific details. Reference shall, inter alia, be made to the drawings, Standard Specifications, Project Specifications, General Conditions of Contract and Special Conditions of Contract for more detailed information regarding the extent of work entailed under each item.

C2.1.9 Subject to the conditions stated in paragraph C2.1.10 below, the rates and lump sums filled in

by the Tenderer in the Bill of Quantities shall be final and binding with regard to submitting the tender, and may not be adjusted should there be any mistakes in the extensions thereof and in the total sums appearing in the tender. Adjustment of the rates will take place prior to the signing of the contract. In their own interest Tenderers must make doubly sure of the correctness of their tender rates, the extensions and the Tender Sum. Arithmetical errors of responsive tenders will be corrected in the following manner:

Where there is a discrepancy between an amount shown in figures, and the corresponding amount stated in words, the amount stated in words shall take preference.

In the Bill of Quantities, if there is an error in the line item total resulting from the product of the quantity and the unit rate, the line item total shall govern, and the rate shall be corrected. Where there is a misplacement of the decimal point in the unit rate, the line item total shall govern and the unit rate will be corrected.

Where there is an error in the total of the prices either as a result of other corrections


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required by this checking process or in the Tenderers addition of prices, the total of the prices shall govern and the Tenderer will be asked to revise selected item prices (and their rates in the Bill of Quantities) to achieve the tender total of the prices.

Should a tenderer be unwilling to make the corrections ordered by the Project Manager, the tender may be disqualified.

C2.1.10 A tender may be rejected if the unit rates or lump sums for some of the items in the Bill of Quantities are, in the opinion of the Employer, unreasonable or out of proportion, and if the Tenderer fails, within a period of seven (7) days of having been notified in writing by the Employer to adjust the unit rates or lump sums for such items, to make such adjustments.

C2.1.11 All rates and sums of money quoted in the Bill of Quantities shall be in Rands and whole cents. Fractions of a cent shall be discarded

C2.1.12 Those parts of the contract to be constructed using labour intensive methods have been marked

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

C2.1.13 Where minimum labour intensity is specified by the design the Service Provider is expected to use their initiative to identify additional activities that can be done labour intensively in order to comply with the set minimum labour intensity target

C2.1.14 Payment for items which are designated to be constructed labour-intensively (either in this schedule or in the Scope of Works) will not be made unless they are constructed using labour-intensive methods. Any unauthorised use of plant to carry out work which was to be done labour-intensively will not be condoned and any works so constructed will not be certified for payment.

C2.2 BILL OF QUANTITIES

C2.2.1 The Tenderer shall develop and price a preliminary Bill of Quantities for the project in line with scope of work and drawings provided.

CORRECTION OF ENTRIES MADE BY TENDERER Any entry made by the Tenderer in the Price Schedule, forms, etc, which the tenderer desires to change, shall not be erased or painted out. A line shall be drawn through the incorrect entry and the correct entry shall be written above in black ink and the full signature of the Tenderer shall be placed next to the correction.


55

C2.2.2 The preliminary Bill of Quantities shall be based on SANS 1200 series. Where required, reference shall

be made to project specifications (PS) developed and expected by the tenderer. C2.2.3 The tenderer shall be required to identify those items that lend themselves to Labour Intensive (LI)

activities and shall be shown as such in the relevant line items. C2.2.4 Although the project is regarded as a turnkey project, the quantities so estimated shall be re-measurable

and payment of the contract shall be based on final quantities measured. C2.2.5 10% for contingencies shall be allowed for on the bill of quantities.

C2.2.6 Provision for escalation shall be allowed for on this contract together with base prices for special

materials as shall be identified by the tenderer.


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PRESCRIBED PRICING SCHEDULE PROFESSIONAL ENGINEERING SERVICES

PROFESSIONAL SERVICES FOR DESIGN, PROJECT MANAGEMENT AND CONSTRUCTION SUPERVISION FOR THE CONSTRUCTION OF A PAVED ACCESS ROAD TO SETLAGOLE

SPORTS COMPLEX

PROJECT ESTIMATED CONSTRUCTION COST (Excluding Vat) = = (A) R 1 000 000.00

Table 1: Fees for Professional Engineering Services:

Civil Engineering Services Pertaining to Building and Multi-Disciplinary Projects

ITEM PROJECT STAGE % PAYMENT OF TOTAL FEES

% STAGE OF PAYMENT FEES PAYABLE

Based on ECSA Guideline Scope of Services and Tariff of Fees, Government Gazette No. 37102 of 04 December 2013, Board Notice 243 of 2013 = (B)

Claiming any Category Factor Factor = Factor x (B) = (C)

1 Inception (Clause 3.2.1)

70%

5% (a)

2 Concept & Viability (Clause 3.2.2) 25% (b)

3 Design Development (Clause 3.2.3) 25% (c)

4 Documentation and Procurement (Clause 3.2.4) 15% (d)

5 Contract Administration and Inspection (Clause 3.2.5) 25% 25% (e)

6 Project Close Out (Clause 3.2.6) 5% 5% (f)

Sub Total Fees: Professional Engineering Services: C+(a)+(b)+(c)+(d)+(e)+(f)= (D)

7 Percentage Discount Offered (max 10%) = (E) (D x E) = (F)

Total Fees for Professional Services (Less Discount Offered): Carry to Table 5 (D - F) = (G)

Table 2: Fees for disbursements

ITEM SERVICE REQUIRED % OF PROJECT ESTIMATED CONSTRUCTION COST

AMOUNT:(A x h1 to h4)

8 Travelling Costs = (h1) (i1)

9 Travelling Time = (h2) (i2)

10 Printing, duplication etc = (h3) (i3)

11 Communication = (h4) (i4)

Total fees for Disbursements: Carry to Table 5 (i1) + (i2) + (i3) + (i4) (K)


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Table 3: fees for Allowance for Additional Construction Supervision: Clause 3.3.2

12 Fees for Additional Construction Monitoring/Supervision as per Clause 3.3.3 of ECSA Tariff Structure Gazette No. Clients Approval is Compulsory

Estimated Construction Duration & Rate

Duration months

Monthly Rate (L)

Total Fees: Additional Supervision: Carry to Table 5 (10 x L) = M (M)

Table 4: Costs for Special Consulting Services:

ITEM DESCRIPTION OF RECOVARABLE UNIT OF MEASURE TOTAL

13 Costs

13.1 EIA Investigation (Scoping & ROD) (only if Applicable) Provisional Sum

13.2 Land Survey incl confirmation of the Survey general Provisional Sum

13.3 Geotechnical Investigations Provisional Sum

13.4 Contingency allowance: Clients Use (OHS Agent) Provisional Sum

13.5 On Site Material Testing (If Deemed Necessary) Provisional Sum

Total Fees for Recovarable Expenses Offered: Carry to Table 5 (N)

Table 5: Fees Summary (Tables 1 - 4) ( This Tender entails one Project)

ITEM SERVICE RENDERED SYMBOL BROUGHT FORWARD FROM TABLE

FEES (R)

1 Fees for Professional Engineering Services G 1

2 Fees for Disbursements K 2

3 Additional Supervision: Clause 3.3.2 (Allowance) M 3

4 Costs for Specialists Consulting Services N 4

Sub Total = (G + K + M + N) = (O) (O)

Add 14 % Vat: (O x 14%) = (P) 14% (P)

GRANT TOTAL PROFESSIONAL ENGINEERING SERVICES (Vat Incl)

(O + P) = Q

Carry forward to FORM OF OFFER


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Part C3: Scope of Work

Pages

C3.1 Scope of Work ........................................................................ 56 - 63


Contract C3.1

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C3.1 Scope of Work

CONTENTS PAGE

1. INTRODUCTION 53 2. OBJECTIVE 53 3. EXTENT OF THE SERVICES 53 4. LOCATION OF WORKS 53 5. ENGINEERING 54 6. QUALITY ASSURANCE SYSTEM 59 7. PROCUREMENT 59 8. FORMAT OF COMMUNICATION 60

9. KEY PERSONNEL 60

10. MANAGEMENT MEETINGS 60 11. CLAIMS FOR PAYMENT 60 12. EMPLOYERS RIGHT TO RECOVER COSTS 60 1. INTRODUCTION

Proposal for the provision of Professional Services for the Design, Construction and Project Management Services to a Paved Access Road to Setlagole Sports Ground (Turnkey) A Professional Service Provider is required to provide the professional services necessary to implement these projects, which, in terms of the Municipal Finance Management Act no. 56 of 2003 and the Municipal Supply Chain Management Regulations, 2005, must be procured through a competitive bidding process.

2. OBJECTIVES

The purpose of this document is therefore to invite tenders from suitably qualified and experienced consulting firms for PROVISION OF PROFESSIONAL SERVICES FOR THE DESIGN, CONSTRUCTION AND PROJECT MANAGEMENT TO a PAVED ACCESS ROAD TO SETLAGOLE SPORTS GROUND (TURNKEY))

, which will be evaluated using a financial offer, quality and preferences based system as described in the tender data.

3. EXTENT OF THE WORKS

The work to be tendered under this contract comprises mainly of the following: 1. Feasibility studies; 2. The preliminary and detailed designs; 3. Technical Reports; 4. The compiling of subsequent Tender documentation including specifications; 5. The community liaison; 6. Provide construction supervision and monitoring; 7. Submission of reports as required by Ratlou Local Municipality.

4. LOCATION OF THE WORKS

The locations of the various projects are in and around the jurisdiction of Ratlou Local Municipality. The exact location of the project will be made known to the successful tenderer.


Contract C3.1 Part C3: Scope of Work Scope of Work

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5. ENGINEERING

C3.2.2 SCOPE AND SPECIFICATION OF PROFESSIONAL SERVICES The required Professional Services as referenced is provided below: Normal Services C3.2.2.1 REPORT STAGE The preparation and submission of a report embodying preliminary bids or feasibility studies and estimates of cost and time where appropriate for consideration by the client, including all or any of the following: 1. Consultation with the client of client’s authorized representative. 2. Inspection of the site of the project. 3. Preliminary investigation, route location, planning and a level of design appropriate to allow project decisions

to be made, where any of these are required for the determination of feasibility. 4. Consultation with authorities having rights or powers of sanction as well as consultation with the public and

stakeholder groups. 5. Advice to the client as to regulatory and statutory requirements, including environmental management and

the need to surveys, analyses, tests and site or other investigations, as well as approvals, where such are required for the completion of the report, and arranging for these must be carried out.

6. Searching of, obtaining, investigation and collation of available data, drawings and plans relating to the works.

7. Investigation and financial and economic implications relating to the proposals or feasibility studies. 8. Clause C3.2.2.1(7) above does not apply in respect of civil and structural services pertaining to building

projects, except as far as the interpretation of cost figures for civil and structural services are concerned. C3.2.2.2 PRELIMINARY DESIGN STAGE Following the client’s instructions to proceed, the development of preliminary proposals or the basic planning of the project, comprising all or any of the following: 1. Submission of a basic planning report and the MIG 1 report. 2. Establishment of final design criteria. 3. Advice to the client as to the regulatory and statutory requirements, including environmental management and

the need for any further surveys, analyses, tests and site or other investigations, as well as approvals, which may be required and arranging for these to be carried out at the client’s expense. This advice is to be concluded by the consulting engineer with the interpretation of the results of these tests and investigations, including geotechnical and/or foundation investigations, together with a report consulting recommendations to be applied to and incorporated in designs. The consulting engineer will also take the environmental management plan into account.

4. Advice to the client, as may be necessary, on the engagement and delineation of the services of other consultants and advisers, arranging such engagements and consultation with them on matter pertaining to the project.

5. Design of any process or system or refinement of the preliminary process design, where such process design is a prerequisite for the design of the project.

6. Preparation and submission to the client of any preliminary plans, drawing and estimates required for seeking the approval of statutory authorities and the client.

7. Consultation on all technical matters with the client, authorities and interested parties other than those having rights or powers of sanction, and making modifications to the preliminary design of the works arising out of such consultations.

8. Submission of estimates of capital and life cycle costs, financial implications and programmes for the implementation of the works.

9. Clause C3.2.2.2(5) does not apply in respect of civil and structural services pertaining to building projects. 10. Clause C3.2.2.2(8) does not apply in respect of civil and structural services pertaining to building projects,

except as far as inputs to and assessment of programmes for civil and structural services are concerned or on projects where all financial, Bid and contractual matters are handled by other parties.

C3.2.2.3. DESIGN AND TENDER STAGE Following the clients instructions to proceed with the preparation of all documents necessary to enable Bids for the works to be called for or for the works to be otherwise placed by the client, including all or any of the following:



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1. Advice to the client as to the necessity for further surveys, special visits, use of specialist consultants, setting out or staking out the works, and arranging for such to be carried out at the clients’ expense.

2. Preparation of detail designs and Bid and/or working drawings. 3. Preparation of specifications and schedules of quantities for engineering works. 4. Provision of information necessary for the design and other services. 5. Submission of updated and revised estimates, capital and life cycle costs, financial implications and

programmes for implementation of the works preciously submitted. 6. Drafting or adapting invitations to Bid, Bid conditions, forms of bid and conditions of contract, advising the

client on Bid strategies and suitable contractors are calling for Bids when instructed to do so by the client. 7. Advice to the client on any alternative designs and Bids, but excluding detailed inspection, reviewing and

checking of alternative designs and drawings not prepared by the consulting engineer and submitted by any contractor or potential contractor.

8. Analyses of Bids and submission of recommendations on the acceptance of Bids and, if necessary, revising the estimates of the cost and the completion date of the works.

9. Advice to the client as to the provision of a construction monitoring service in accordance with clause C3.2.2.8, over and above that provided for under clauses C3.2.2.5(3).

10. Clauses C3.2.2.3(3), C32.2.3(6) and C32.2.3(8) do not apply in respect of civil and structural services pertaining to building projects or on projects where all financial, Bid and contractual matters are handled by other parties.

11. Clause C3.2.2.3(5) does not apply in respect of civil and structural services pertaining to building projects or on projects where all financial, Bid and contractual matters are handled by other parties, except as far as inputs to and assessment of programmes for such services are concerned.

C3.2.2.4 WORKING DRAWING STAGE 1. Following the client’s instructions to proceed, the preparation of any further plans, designs and drawings,

excluding shop details, which may be necessary for the execution of the works. 2. In case of reinforced concrete works, working drawings must include bending schedules. 3. In the case of structural steel works, working drawings and details provided by the consulting engineer must

include full information, dimensions and specifications on all sections, connections, plates, fasteners, bolts an welding, to such an extent that no further designs by contractors or other parties are required. The consulting engineer need not provide shop drawings for the manufacture of the structural steel works.

C3.2.2.5 CONSTRUCTION STAGE The overall contract administration and co-ordination, as well as construction monitoring of the execution of the works in accordance with the contract, including all or any of the following: 1. Placing orders for the works on behalf of the client. 2. Advice to the client as to the preparation of the contract documents, or preparation of the contract documents

in consultation with the client. 3. Overall contract administration and co-ordination, as well as construction monitoring of the execution of the

works for compliance with the contract and attending site meetings on a combined average frequency of at least one day every two weeks for the duration of the construction of the specific works for which the consulting engineer is engaged or at such more frequent intervals as the consulting engineer may deem necessary.

4. Directing construction monitoring operations, but excluding detail day-to-day construction monitoring of the works and contract administration, as provided for under clause C3.2.2.8.

5. Advice to the client as to the provision of a construction monitoring service in accordance with clause C3.2.2.8, over and above that provided for in this clause.

6. Checking contractor’s drawings of structures, plant, equipment and systems for the works for conformity with design requirements, but excluding detailed checking of manufacture and installation details for erection or installation fit.

7. Advice to the client on any further alternative designs, but excluding detailed inspection, reviewing and checking of alternative designs and drawings not prepared by the consulting engineer and submitted by any contractor.

8. Issuing instructions to contractors on behalf of the client. 9. Issuing certificates or recommendations for payment of contractors and submitting regular reports regarding

works finances and anticipated completion dates and final costs. 10. Advice to the client in regard to or the resolution of disputes of differences that may arise between the client

and the contractor, except mediation, arbitration and/or litigation.

11. Preparation of and issuing variation orders on behalf of and after consultation with the client.

12. General inspection of materials and equipment for compliance with the original design and Bid, including checking of marks of documentation for adherence to National and International standards and advice to the



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client regarding further inspection and testing of such materials and equipment as may be necessary and arranging for such inspection and testing to be carried out on behalf of and at the clients expense.

13. Making arrangements on behalf of the client for the provision and reproduction of such drawings and documents as may be required by the contractors and site staff for the execution of the works.

14. Agreeing final quantities with contractors, compiling final accounts and issuing final payment certificates. 15. Prepare and, on completion of the works, provide the client with record drawings. Making arrangements for

the contractor to supply detailed operation, operating and maintenance manuals as part of the contractor’s contractual obligations, receiving such and handing it over to the client. Both sets of documents shall be in formats as agreed to with the client.

16. Evaluating results of contractor’s commissioning procedures and tests and witnessing final performance or acceptance tests on site, only, but excluding day-to-day routine tests.

17. The compiling of monthly progress reports for/on behalf of the client for use by external funding sources and in the format as required by the external funding sources.

18. Issuing of completion Certificate together with all responsibilities and liabilities attached to such issuance of Completion Certificate as required by the client.

19. Clauses C3.2.3.5(1), C3.2.2.5(2), C3.2.2.5(90, C3.2.2.5(10), C3.2.2.5(11) and C3.2.2.25(14) don not apply in respect of civil and structural services pertaining to building projects or on projects where all financial, Bid and contractual matters are handled by other parties.

C3.2.2.6 COMPLETION OF ALL ENGINEERING SERVICE AND TARGETED PROCUREMENT The Engineer must provide the client with the following to ensure the successful completion of the project: 1. The confirmation of and complete set of all record drawings as was constructed/install by the contractor and

approved by the consulting engineer. 2. The completion report which details all the statistics as well as all relevant information regarding the project

as required by the client. 3. The inspection and subsequent approval of payment for the final release of retention monies to the contractor

at end of retention period. Should the client during any stage of the project, require the consulting engineer to perform work or services pertaining to targeted procurement, such work and or services could entail, but are not limited to, any or all of the following: 1. Incorporation of any targeted participation goals; 2. The measuring of key participation indictors; 3. The selection, appointment and administration of participation and 4. Auditing compliance to the above by any contractors and/or professional consultant. Additional Services The following services are additional to the normal services provided by the consulting engineer, unless specifically agreed otherwise between the consulting engineer and the client. The agreement on the scope of services and remuneration shall be in writing and should, if at all possible, be concluded before such services are rendered. C3.2.2.7 ADDITIONAL SERVICES PERTAINING TO ALL STAGES OF THE PROJECT 1. Enquiries not directly concerned with the works and its subsequent utilization. 2. Valuation for purchase, sale or leasing of plant, equipment, material, systems, land or buildings or arranging

for such valuation. 3. Identification and possible relocation of all buried and existing infrastructure services. 4. Making arrangements for way leaves, servitudes or expropriations. 5. Negotiating and arranging for the provision of diversion of services not forming part of the works. 6. Additional work in obtaining the formal approval of the appropriate Government Departments of Public

Authorities, including the making of such revisions as may be required as a result of decisions of such Departments or Authorities arising out of changes in policy, undue delay, or other causes beyond the consulting engineer’s control.

7. Surveys, analyses, tests and site or foundation or other investigations, model tests, laboratory tests and analyses carried out on behalf of the client.

8. Setting out or staking out the works and indicating any boundary beacons and other reference marks. 9. Preparation of drawings for manufacture and installation or detailed checking of such for erection or installation

fit.



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10. Detailed inspection, reviewing and checking of designs and drawings not prepared by the consulting engineer and submitted by any contractor or potential contractor as alternative to those embodied in Bid or similar documents prepared by the consulting engineer.

11. Inspection and testing, other than on site, of materials and plant, including inspection and testing during manufacture.

12. Preparing and setting out particulars and calculations in a form required by any relevant authority. 13. Abnormal additional services by or costs to the consulting engineer due to the failure of a contractor or others

to perform their required duties adequately and timely. 14. Executing or arranging for the periodic monitoring and adjustment of the works, after final handover and

completion of construction and commissioning, in order to optimize or maintain proper functioning of any process or system.

15. Investigating or reporting on tariffs or charges leviable by or to the client. 16. Advance ordering or reservation of materials and obtaining licenses and permits. 17. Preparing detailed operating, operation and maintenance manuals. 18. Additional services, duties and/or work resulting form project scope changes, alterations and/or instructions

by the client, or his duly authorized agents, requiring the consulting engineer to advice upon, review, adapt and/or alter his completed designs and / or any other documentation and/or change the scope of his services and/or duties. Such additional services are subject to agreement in writing additional services are subject to agreement in writing between the consulting engineer and the client prior to the execution thereof.

19. Exceptional arrangements, communication, facilitation and agreements with any stakeholders other than the client and contractors appointed for the works on which the consulting engineer provides services.

20. Charring and keeping minutes of all project related meetings. 21. Any other additional services, of whatever nature, specifically agreed to in writing between the consulting

engineer and client, Landscape architecture. 22. The consulting engineer is to ensure that all necessary geotechnical investigations as well as the

topographical and land surveys before commencement of works. 23. The consulting engineer takes full responsibility for ensuring full compliance with environmental legislation. 24. The consulting engineer should appoint and manage an Environmental Specialist to obtain and Environmental

Impact if deemed necessary. C3.2.2.8 COMPLETION OF ALL ENGINEERING SERVICE AND TARGETED PROCUREMENT 1. If the construction monitoring, as set out in clause C3.2.2.5(3), is deemed to be insufficient by the client and/or

consulting, the consulting engineer may, with prior written approval having been obtained from the client, appoint or make available additional staff for such construction monitoring as are necessary to undertake additional construction monitoring on site to the extent specifically defined and agreed with the client. The functions in respect of additional construction monitoring are to be limited to detailed inspections and exclude those mentioned under clause C3.2.2.5.

2. Alternatively the client may appoint or make available staff, as intended in clause C3.2.2.8(1), subject to approval by the consulting engineer.

3. Staff, as intended in clauses C3.2.2.8(1) and C3.2.2.8(2), shall report to and take instructions from the consulting engineer or an authorized representative of the consulting engineer only and shall be deemed to be in the employ of the consulting engineer.

4. Should any change regarding the persons utilized for additional on-site monitoring or their remuneration be necessary the utilization of such persons and/or their remuneration must be agreed in writing with the client prior to the implementation thereof.

5. If, for any reason, no additional staff or inadequate staff for construction monitoring is appointed, the consulting engineer shall provide additional services, including additional site visits, as required and agreed to in writing with the client prior to commencement thereof.

6. With reference to Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) The consulting engineer agrees to undertake duties falling under the Occupational Health and Safety act, 1993 (Act 85 of 1993). And the Construction Regulations in terms thereof, on behalf of the client, the additional services will include the following: (1) The consulting engineer must arrange, formally and in writing, for the contractor to provide

documentary evidence of compliance with all the requirements of the Occupational health and Safety Act, 1993 (Act No 85 of 1993).

(2) The consulting engineer must execute the duties of the client, as his appointed agent, as contemplated in the Construction Regulations to the Occupational health and Safety Act, 1993 (Act No 85 of 1993).

7. The duties of the consulting engineer for the following four defined levels of construction monitoring, respectively, are as follows:

Level 1: The construction monitoring staff shall:-



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1. Monitor the outputs from another party’s quality assurance programme against the requirements of the

plans and specifications.

2. Visit the works at a frequency agreed with the client to review important materials, critical work procedures and/or completed elements or components.

Level 2: The construction monitoring staff shall:- 1. Review, preferably at the earliest opportunity, a sample of each important-

Work procedure Construction material For compliance with the requirements of the plans and specifications and review representative samples of important completed work prior to enclosure of completion as appropriate.]

2. Visit the works at a frequency agreed with the client to review important materials, critical work procedures and/or completed elements or components.

3. Be available to provide the contractor with technical interpretation of the plans and specifications.


1. Maintain a part-time presence on site as agreed with the client to review random samples and review

important work prior to enclosure or on completion as appropriate.

2. Where the consulting engineer is the sole consultant or principal agent, carry out such administration of the project as is necessary on behalf of the client.



1. Maintain a full time presence on site to constantly review –

Work procedures Construction materials For compliance with the requirements of the plans and specifications and review completed work prior to enclosure or on completion as appropriate.

2. Where the consulting engineer is the sole consultant or principal agent, carry out such administration of the project as is necessary on behalf of the client.


6. QUALITY ASSURANCE SYSTEM

A quality management system or quality assurance services, over and above construction monitoring

services, be applied to the project, these are in addition to normal services provided by the consulting engineer and to be specifically defined and separately agreed in writing prior to commencement thereof.

The following are also part of the scope of services in addition to the above engineering services:

Environmental Impact Assessment (EIA) report

7. PROCUREMENT



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7.1 Preference for HDI Equity Ownership

The Employer applies and promotes the principles of preferential procurement. In terms of the Employer’s current Procurement Policy Initiative, this contract has been identified as a Professional Services Contract targeting enterprises with equity ownership by Historically Disadvantaged Individuals (HDIs) performing as prime contractors (including joint venture partnerships tendering in the capacity of prime contractors). The Service Provider shall claim tender evaluation points for preference by confirming their registration on the Ratlou Local Municipality Supplier Database and submitting their registration number(s) on Schedule 4, Part T2.2: Returnable Schedules. The Employer will obtain the percentage HDI ownership of the Service Provider from the Ratlou Local Municipality Supplier Database and use it in the formula to calculate the number of preference points achieved by the tenderer. Where the entity tendering is a joint venture, the percentage HDI ownership of each party will be combined in proportion to the percentage contribution of each party to the joint venture in order to determine the HDI status of the joint venture itself. A Service Provider who claims a preference in this regard shall not sub-contract more than 25% of the net amount of the contract to any person/enterprise who/which does not qualify for such preference, and shall maintain an HDI equity ownership of not less than that upon which the preference was based at tender stage, for the duration of the contract.

7.2 Sanctions Relating to Breaches of Preferencing Conditions

Where a Service Provider is found guilty of misrepresenting any facts in respect of ownership, either in a tender submission, or on the Ratlou Local Municipality Supplier Database, in order to affect the outcome of a tender, either before or after the award of a contract, then that contractor or consultant shall be blacklisted for a period of 12 months. The effect of such blacklisting is that no further work will be awarded to the Service Provider for the duration of the blacklisting. Furthermore sanctions as provided for in Schedule 19, Part T2.2: Returnable Schedules will be applied.

8. FORMAT OF COMMUNICATION

All requests for formal approval from the Employer, or any other body, shall be submitted in writing in hardcopy format. Interim payment claims shall be submitted in the same format, accompanied by an original tax invoice. Ad-hoc communication between the Employer and the Service Provider may be conducted per facsimile or in electronic format (e-mail). All plans and contract documents submitted for approval shall be in hardcopy format.

9. KEY PERSONNEL

The Service Provider shall maintain the involvement of the following key personnel as the exigencies of

this contract require:

A registered professional engineer or technologist with at least 10 (ten) years verifiable post graduate experience relevant to the project, who will be the project leader, and responsible for all work carried out in terms of this tender.

A second qualified engineer or technologist with at least 5 (five) years verifiable post

graduate experience also relevant to the project.

Should it become necessary to replace any of the key personnel listed at the time of tender during the course of this contract, they may only be replaced by individuals with similar or better qualifications and experience, who satisfy the minimum requirements and then only with the approval of the Employer.

10. MANAGEMENT MEETINGS

Other than attendance at at-least monthly site meetings once the construction contract is let, there are no requirements for a regular management meeting in respect of this project. The Service Provider shall however convene management meetings on an ad-hoc basis as and when necessary, and when called upon to do so by the Employer. The Service Provider shall be represented at these meetings by at-least one of the key personnel.

11. CLAIMS FOR PAYMENT



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The Service Provider may submit interim claims for payment (invoices) as the work in terms of this contract progresses, Payment will be affected as per cheque run dates approved by the Municipal Manager.

12. EMPLOYERS RIGHT TO RECOVER COSTS

The Employer reserves the right to recover, by way of a deduction from any amount due to the Service Provider, any additional cost which the Employer incurs arising out of non-performance of the Service Provider which inhibits the progress of the construction contractor and which leads to an extension of time with costs.

RATLOU LOCAL MUNICIPALITY - etenders.gov.za ARE... · closing date: thursday, 29 march 2018 at...

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Transcript of RATLOU LOCAL MUNICIPALITY - etenders.gov.za ARE... · closing date: thursday, 29 march 2018 at...