contract nr. lm 26/2010 langeberg municipality

Contract Nr. LM 26/2010 LANGEBERG MUNICIPALITY

CONSTRUCTION OF

PAVILION ZOLANI ASHTON

MARCH 2011

Contract No. LM 26/2010 LANGEBERG MUNICIPALITY

CONSTRUCTION OF PAVILLION ZOLANI ASHTON

Tenderer Tender Amount Completion Period

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MARCH 2011

LANGEBERG MUNISIPALITEIT

UITNODIGING VIR TENDERS

TENDER Nr: LM 26/2010

Tenderaars word uitgenooi om te tender vir die volgende: Voorsiening en Oprigting van ‘n staal struktuur vir ‘n Pawiljoen te Zolani Sportgronde Ashton. Tenderdokumente is verkrygbaar by: Die kantoor van: Bestuurder Siviele Ingenieursdienste Oos, Langeberg Munisipaliteit, Hoofweg, 28 Ashton vanaf Dinsdag 19 April 2011 teen ‘n nie terugbetaalbare deposito van R150,00 per stel. Voornemende tenderaars moet om 12:00 op Vrydag 29 April 2011 by die munisipale kantore te Ashton, Hoofweg 28, ‘n verpligte terreininspeksie bywoon. Voornemende tenderaars moet oor ‘n geldige SL3/ CE 3 / GB3 of groter CIDB sertifikaat beskik. Verseëlde tenderdokumente, duidelik gemerk TENDER Nr. LM 26/2010 , moet voor 12:00 op Vrydag 6 Mei 2011 in die tenderhouer by die munisipale kantore te Ashton geplaas wees. Tenders wat afgelewer word in koeverte wat nie soos hierbo gemerk is nie, of wat na die sluitingsdatum ontvang word, sal nie in aanmerking geneem word nie. Tenders ontvang by wyse van faksimilee of per e-pos sal nie aanvaar en/of in aanmerking geneem word nie. Die laagste tender sal nie noodwendig aanvaar word nie en die Munisipaliteit behou die reg voor om enige of geen tender, gedeeltelik of in sy totaliteit te aanvaar nie. Tender sal toegeken word in terme van die munisipaliteit se verkrygingsbeleid. Vir enige verdere navrae informasie of enige probleme ondervind met die voltooiing van die tender dokument kontak asseblief Mnr M Johnson by telefoonnommer 023-6158000. . SA MOKWENI Privaatsak X2 MUNISIPALE BESTUURDER ASHTON 6715

LANGEBERG MUNICIPALITY

INVITATION TO TENDERS

TENDER No: LM 26/2010

Tenders are hereby invited for the following: Supply and erection of steel structure for a PAVILION ZOLANI ASHTON. Tender documents are obtainable from: The Manager Civil Engineering Services East, Municipal Office, Langeberg Municipality, 28 Main Road – Ashton from Tuesday 19 April 2011 at a non refundable deposit of R150,00 per set. A compulsory site inspection for tenderers will be held at 12:00 on Friday 29 April 2011 at the Municipal Offices, 28 Main Road, Ashton. Tenderers must be in possession of a valid SL3 / CE 3 / GB3 or greater CIDB certificate. Tenders in sealed envelopes, clearly marked, TENDER Nr. LM 26/2010, must be placed in the tender box at the municipal offices in Ashton not later than 12:00 on Friday 6 May 2011. Tenders which are not submitted in a properly marked and sealed envelope and tenders which are received after the closing time will not be considered. Tenders received by facsimile or e-mail will not be accepted and/or considered. The Langeberg Municipality is not bound to accept the lowest or any tender and reserve the right to accept any tender either wholly or a part thereof. Tender will be awarded in accordance to the municipality’s procurement policy. For further information or any challenges confronted to complete the tender document please contact Mr M Johnson at telephone 023-6158000.

SA MOKWENI Private Bag X2 MUNICIPAL MANAGER ASHTON 6715

1. DECLARATION OF “IN THE SERVICE OF THE STATE” 1. 1 If a spouse, child or parent of the owner, director, manager, shareholder or stakeholder

of the entity is in the service of the state, or has been in the service of the state in the previous twelve months, the following information must be completed: (Please indicate if not applicable)

The name of the person in the employment of the state: ………………………………………………………………………………………………… The capacity in which that person is in service of the state: ……………………………………………………………………………………………………The relationship to the owner, director, manager, shareholder or stakeholder of the entity: Spouse Child Parent Owner Director Manager Shareholder “in the service of the state” means to be –

(a) a member of – (i) any municipal council; (ii) any provincial legislature; or (iii) the National Assembly or the National Council of Provinces;

(b) a member of the board of directors of any municipal entity; (c) an official of any municipality or municipal entity;

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

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

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME) …………..……………………………..…… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND

CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST

ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………... …………………………..

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

CONTRACT NO.: LM 26/2010

PART 1: CONDITIONS OF TENDER

PART 1: CONDITIONS OF TENDER

1. TENDER DOCUMENTS

Tender documents including a set of drawings are obtainable and must be returned as described in the tender notice. The tender is to be made out on the Form of Offer and acceptance, and the completed document, fully priced, extended and totalled, completed in all respects, signed and sealed in an envelope which is to be endorsed “ TENDER NO. LM 26/2010” must be delivered in accordance with the instructions contained in the Invitation to Tender. Proof of posting of a tender will not be accepted as proof of delivery to the appropriate place for the receipt of Tenders.

2. SOUTH AFRICAN CURRENCY

All deposits and payments shall be made in the currency of the Republic of South Africa (Rand) and cheques shall be made payable to the Employer. The Employer will be entitled to cash all cheques.

3. SUBMISSION OF TENDERS

Tenders submitted by fax, e-mail, telex or telegraphically will not be accepted. Postal Tenders will be accepted for consideration only if they are received in sufficient time to be lodged in the appropriate tender box by the closing time for such tenders, it being understood that the client (municipality) nor the Engineer disclaims any responsibility for seeing that such Tenders are in fact lodged in the tender box.

4. UNIT PRICES

The Tenderer shall enter a rate or price to each item in the schedule of quantities, whether quantities are stated or not. Items against which no rate or price is entered by the Tenderer will not be paid for when executed, but will be regarded as covered by other rates or prices.

In the event of a discrepancy between the product of the rate and the quantity of any payment item and the total

amount of such item found during the adjudication of tenders, the rate shall be deemed correct and shall be applicable to the contract.

Tenderers shall exclude value added tax (VAT) in the tendered rates and amounts. Separate provision has been

made in the summary of the tender schedule for the payment of value added tax. The final amount payable to the Contractor for value added tax shall be based on the certified final contract price.

The tendered rates and amounts shall however include all other levies, taxes and duties on all items to which they apply.

5. FORM OF OFFER AND ACCEPTANCE

All tenders shall be submitted on the form of offer incorporated into this document. The form of offer shall not be removed from this document. The complete document with all schedules duly completed and signed shall be submitted before the closing date and time of tender. The Form of Offer and the Schedule of Quantities to be used in this Contract shall be the JBCC 2000 Minor Works Agreement approved and recommended by the Joint Building Contracts Committee. The contractor is referred to this document as well as contract documents and drawings, compliance with which shall form part of the contract. AB_3.1 JBCC Series 2000 Minor Works Agreement AB_3.2 JBCC Preliminaries AB_3.3 Model Preambles for Trades (1999) AB_3.4 Supplementary Specifications and Schedule of Works Contract drawings

6. TENDER DEPOSIT Tenderers must, at the time of receiving the Contract Documents, deposit a crossed cheque only, and made payable to the Langeberg Municipality, in the amount of R150,00. Additional copies of the documents may be purchased at a charge of R150,00 per set which will not be refunded. The deposit will be not refunded even if a bona fide Tender was submitted by the Tenderer.

7. INCOMPLETE TENDERS Tenders may be rejected in the event of tenders containing additional items not included in the original documents or

in the event of conditional or incomplete offers and irregularities of any nature contained in the form of tender, or in the completed tender schedule.

8. WITHDRAWAL OF TENDERS A tenderer may, without incurring any liability, withdraw his tender provided written advice to that effect reaches the

Employer before the expiry of the time fixed in the tender notice for receiving tenders.

9. CHECKING OF TENDER DOCUMENTS

Before submitting his tender the Tenderer shall check the numbering of the pages in the tender documents and if any pages or drawings are found to be missing of if any part of the documents or drawings is illegible or indistinct, he shall immediately notify the Engineer. The Employer will not be liable in any way for any claims arising through neglect of the Tenderer or to comply with these requirements.

The Contractor shall rectify at his own cost any work not complying with the contract documents and drawings due to the incorrect interpretation of the specifications and drawings.

10. EXPENSES DUE TO PREPARATION AND SUBMISSION OF TENDER DOCUMENTS

The Employer shall not be liable for any expenses or losses incurred by the Tenderer due to visiting the site and the preparation and/or submission of the tender documents.

10.1 Submission of tenders

All tenders shall be submitted under sealed cover. The envelope shall be endorsed as described in the tender notice and delivered or posted to reach the specified location before closing date and time of tender.

Any tender which is delivered to an address other than the one stipulated in the tender notice will not be accepted. Tenders may not be handed in at other offices of the Employer.

10.2 Opening of tenders The Employer or his nominee will open the tenders in public, shortly after closing time of tenders. The name of the tenderer, the total tender price and the contract completion period of tenders will be announced to all tenderers present at the opening.

10.3 Late tenders

Tenders received after the closing date and time shall be declared invalid and will not be considered.

10.4 Period of Validity Tenders whether for a part of or for the whole of the project shall remain valid for a period of 89 days, which period is that period between the date upon which tenders close up to the date upon which notice is given that the tender has been awarded in terms of the JBCC Series 2000 “Contract for Minor Works” Agreement.

11. ALLOCATION OF POINTS

Refer to the following schedules which must be completed. Historically Disadvantaged Individual (Annexure M) Utilization of Local Labour (Annexure N) Location in a Specific Municipal Area (Annexure O)

12. ANNEXURES TO BE COMPLETED BY THE TENDERER (These annexures are included in Part 5 of this document). 12.1 Authority to sign documents (Annexure A)

The tender must be signed by a person duly authorized to do so. Failure to duly complete this statement may invalidate or prejudice the tender.

12.2 Certificate of visit to site (Annexure B)

The tenderer shall inform himself of the nature of the site and shall visit and inspect the site. The Employer will consider a tender only if the site inspection arranged by the Engineer has been attended by a representative who must:

(a) be suitable qualified to comprehend the implication of the work involved; and (b) be the tenderer himself or a person in the direct employ of the tenderer. The Tenderer must complete and sign the “Certificate of Tenderers visit to the Site” which is bound into this document. The certificate must be co-signed by the Engineer or his representative immediately following the official site inspection for tenderers. 12.3 Schedule of work satisfactorily carried out by tenderer (Annexure C) The Tenderer shall furnish satisfactory evidence of work of a similar nature as that described in this document.

For this purpose the Tenderer shall duly complete the “Schedule of work satisfactorily carried out by Tenderer”

bound into this document, the failing of which may prejudice the tender in the same way that a tender submitted by an inexperienced Contractor is, and as a result, may cause rejection of the tender.

12.4 Plant for use on Works (Annexure D) It is a requirement that Tenderers complete the “List of Plant” which is bound into this document. A complete

list of the more important plant that will be immediately available for use as well as a list of plant which will be obtainable for use during the course of the contract period must be provided. Should this statement not be completed, the tender may be prejudiced in the same way that a tender of a Contractor that does not have sufficient plant resources is, and for this reason, may be subject to rejection.

12.5 Alterations by tenderer (Annexure E)

Should the Tenderer desire to make any amendments or modifications to the General or Special Conditions of Contract, specifications, drawings or design, or to qualify his tender in any way, he shall set out his proposals clearly in the Annexure E bound in this document, or alternatively state them in a covering letter attached to his tender and referred to in the said Annexure E, failing which the tender will be deemed to be unqualified.

If, in addition, the Tenderer desires to submit for consideration any alternative method of construction,

Annexure E shall be completed for each alternative tender submitted, and each alternative tender shall be accompanied by a separate, complete and itemized schedule of quantities, fully priced and extended, and a statement setting out the salient features of the alternative tender.

No alternative tender will be considered unless a tender without any qualifications and strictly on the basis of

the tender documents is also submitted. When a Tenderer wishes to submit an alternative tender involving modifications to the design or qualifications

of the tender documents, the following procedure shall be observed: (a) The Engineer shall be notified in confidence of any proposals involving a modification of the design as a

whole or in part as early as possible during the tender period. The Employer reserves the right not to consider- an alternative tender unless this prior notification has been given no less that two weeks before the closing date. Following receipt of this notification, the Engineer will after such consultation with the Employer as he may consider necessary, give a preliminary opinion of the acceptability of the proposed modifications. This will not be binding on the Engineer or the Employer. In their own interest tenders are advised to provide as much information as possible about the modifications at this stage.

(b) If the tenderer does decide to submit an alternative tender, it shall be accompanied by supporting

information, drawings, calculations and a priced alternative schedule of quantities so that its technical acceptability, construction time and price can be fully assessed.

(c) When a qualified tender is submitted it shall be compiled in the form of an alternative offer, showing the

financial or other implications of the qualifications on the unqualified tender. (d) Any alternative tender involving modifications to the design will be assessed on its merits and may be

accepted. An accepted alternative design will become the design for the purpose of the contract. (e) A decision whether or not to adopt a technically acceptable modified design will be governed by the

amount of the overall saving which it can be reliably expected to achieve. Matters to be considered in arriving at the overall saving will include the effect of any deferment in starting date arising from extra time needed for the preparation of an amended contract for signature.

If no amendments or modifications are desired the schedule shall be marked NIL and signed by the Tenderer. 12.6 Schedule of staff and workmen (Annexure F) Tenders shall furnish satisfactory evidence of having sufficient staff for managing and supervising at his

disposal with the necessary experience in work of a similar nature as that described in this document. For this purpose the Tenderer shall duly complete the “Schedule of staff and workmen” bound in this document, failing which may prejudice the tender as being submitted by a Tenderer with insufficient staff and workmen and therefore cause rejection of the tender.

The tenderer shall only be allowed to bring in its own workforce for the following positions: 1. Engineer 2. Site Agent 3. Where specialized skills are needed and not found in the Langeberg Municipal area.

All other workforce will be from the towns where the construction will take place ie: in McGregor from

McGregor. The contractor will furnish the Engineer, on a weekly basis, the following information: 1. Full names and addresses of all employees on site. 2. Copy of proof of residency of employee. 3. Copy of Identification document of employee.

Failing to comply with the above, a penalty of R200.00 per employee per day will be applied to the contractor. A penalty of R200.00 per employee found on site that is not from the prescribed area of residence will also be applicable.

12.7 Schedule of proposed Sub-Contractors (Annexure G) The Tenderer shall set out in Annexure G the details of any Sub-Contractors other than plant hire firms that he

proposes to use on the works. 12.8 Tender Programme (Annexure H) It is a requirement that the tender programme in Annexure H is completed by tenderers. 12.9 Notice to Tenderers (Annexure K) The tenderer must complete the list in the “Notice to Tenderers” form that is bound into this document.

Acknowledgement of receipt of all notices to tenderers must also be given to the Engineer during the tender period. All notices to tenderers must also be attached to or bound into the tender document when submitted.

12.10 CIDB Ratings (Annexure L) The tenderer shall have a CIDB grading of SL3 / CE3 / GB3 or greater and must submit, in Annexure L, a

Certificate as proof of the grading. 12.11 Historically Disadvantaged Individual (Annexure M) The tenderer shall claim his points according the explanation set out in the document. Proof of shareholding

must accompany the tender document, in Annexure M. 12.12 Utilization of Local Labour (Annexure N) The tenderer shall claim points according the explanation set out in the document, in Annexure N. 12.13 Location in a Specific Municipal Area (Annexure O) The tenderer must provide proof of the physical address for which this procurement points will be claimed.

12.14 Application for listing as provider of goods and services (Annexure P)

It is a requirement that the tender must complete Annexure P 13. ACCEPTANCE OR REJECTION OF TENDERS

The Employer does not bind himself to accept the lowest or any tender and reserves the right to accept any tender. Each section of the tender form shall be considered and treated as a separate tender. The Employer, however, undertakes that as far as it is practical and convenient, the contract for the whole undertaking, or integral portions thereof, will be awarded to one Contractor.

No reason for the acceptance or rejection of any tender will be given. 14. SIGNING OF CONTRACT

The successful Tenderer shall sign the contract agreement within a period of 14 (fourteen) days after receiving notification that his tender has been accepted i.e. the Letter of Acceptance.

The tender must be signed by one duly authorized to do so. A tender submitted by a corporation must bear the seal

of the corporation and be attested by its secretary. Tenders submitted by joint ventures of two or more firms must be accompanied by the document of formation of the joint venture, authenticated by notary public or other official deputed to witness sworn statements, in which is defined precisely the conditions under which the joint venture will function, its period of duration, the persons authorized to represent and obligate it, the participation of the several firms forming the joint venture, and any other information necessary to permit a full appraisal of its functioning.

Should a tenderer withdraw his tender during the period of its validity; or give notice of his inability to execute the

contract or fail to execute the Contract; or fail to sign the contract agreement within the stipulated period or furnish the required security within the period fixed in the Appendix to Tender or any extended time agreed to by the Employer. Then he shall be liable for and pay to the Employer all expenses incurred in calling for fresh tenders and/or accepting any less favourable tender.

15. STAMP DUTIES All stamp duties in connection with the contract will be paid by the Contractor.

16. PREFERENTIAL PROCUREMENT Council applies and promotes the principal of preferential procurement. In terms of its Procurement Policy, Council

wishes to solicit tenders responsive to the specific objectives related to furthering the RDP objectives. These include: i) temporary labour absorption ii) the local content of a tender (the tenderer’s own local enterprise status as well as engagement of local service

providers). iii) local human resource development In addition, preferential treatment will apply to tenders in accordance with Council’s objective of addressing the

imbalances of the past. Preference will be given for i) the HDI status of the firms or joint venture tendering ii) the engagement of service providers with HDI ownership Tenderers must complete the attached Contractor’s Information Sheet forms in the Appendix. Tenders which do not

include these forms will not be considered. A schedule of local labour must accompany the tender document clearly specifying proposing man hours for the duration of the tender. If this schedule is not supplied, it will be considered that no local labour will be used and the procurement points for local labour will be taken as zero. However, the successful tenderer will still be obliged to use local labour.

17. DECLARATION It is a requirement that the tax affairs of the successful tenderer must be in order, or that suitable arrangements have

been made with the Receiver of Revenue to satisfy them. Documentary evidence in the form of a valid Tax Clearance Certificate from the South African Revenue Service’s

office, where the tenderer is registered for income tax purposes, must be submitted with the tender.

Tenders without a valid Tax Clearance Certificate will not be considered. 18. SITE INSPECTION A site inspection will be held on the day and time as stated in the Invitation to Tender. Failure to attend the site

inspection, the tender of such tenderer will not be considered. Attention is drawn to the fact that verbal information, given during the site inspection or at any other time prior to the

award of the Contract, will not be regarded as binding on the Employer, and only information given formally in writing to Tenderers by the Engineer will be regarded as amending the Tender Documents.


PART 2: GENERAL CONDITIONS OF CONTRACT

GENERAL CONDITIONS OF CONTRACT

The Form of Agreement and the Schedule of Quantities to be used in this Contract shall be the JBCC 2000 Minor Works Agreement approved and recommended by the Joint Building Contracts Committee. The contractor is referred to this document as well as contract documents and drawings, compliance with which shall form part of the contract. AB_3.1 JBCC Series 2000 Minor Works Agreement AB_3.2 JBCC Preliminaries AB_3.3 Model Preambles for Trades (1999) AB_3.4 Supplementary Specifications and Schedule of Works Contract drawings


PART 3: PROJECT SPECIFICATIONS

CONTRACT NO.: LM 26/2010 PROJECT SPECIFICATIONS

SCOPE This project is set out in two portions. PORTION 1 covers a general description of the works or project, the facilities available and the requirements to be met. PORTION 2 covers variations and additions to the standard and particular specifications that are applicable to the contract. All clauses in the project specification are proceeded with “PS”. In portion 1, this is followed by a number. In Portion 2, this is followed by the relevant letter(s) and number of the relevant clause of the standard specifications. This will replace, amend or add to the standard specification with the same number. For a new clause the numbers follow on from the last clause number used in the relevant specification. Any clause referred to in the standard specification will also include the relevant Project Specification.

PROJECT SPECIFICATION: PORTION 1

THE WORKS

PS 1 : GENERAL DESCRIPTION OF THE CONTRACT The work to be carried out under this contract consists of the construction of a steel structure for a Pavilion at the Zolani Sports Grounds in Ashton. The Employer for the contract is Langeberg Municipality, with Mr M Johnson, Manager Civil Engineering Services East acting as the Engineer. A certain budget is available for the contract. Should this budget not be sufficient to cover all the work scheduled, the work will have to be reduced accordingly, and any variation in prices will be negotiated where applicable in terms of the conditions of contract. PS 2 : DESCRIPTION OF SITE AND ACCESS Access for construction will be through the existing infrastructure through the town of Ashton. PS 3 : NATURE OF GROUND AND SUBSOIL CONDITIONS No trail holes were made. PS 4 : SCOPE OF CONTRACT PS 4.1 : This Contract The scope of this contract includes the following activities: a) Site clearance. b) Concrete footings. c) Steel Structure d) Roof construction PS 4.2: Details of the Contract

i) Setting out the works: The Engineer will assist the contractor in the identification of beacons and benchmarks necessary for the initial setting out of the Works.

It is the contractor’s responsibility to ensure that these beacons and benchmarks are not removed or damaged. Replacement of beacons and benchmarks, which have been moved or damaged, will be at the Contractor’s expense.

ii) Test and Samples Check testing of compaction of the various materials will be done by a commercial laboratory instructed by the Engineer. The cost of these test will be for the Contractor’s account remunerated by the Engineer and must be included in the contractor’s tendered price for construction. It is the Contractor’s responsibility to test prior to requesting approval of compaction in order to ensure that the required compaction has been achieved.

iii) Returns

Construction plant and labour returns must be submitted to the Engineer on a daily basis.

PS 5 : CONSTRUCTION PROGRAMME & METHOD PS 5.1 : Time for Completion and Programme The time for completion for this contract is 6 months. The above period includes the normal days of inclement weather as specified in the project specifications and special non-working days listed in the Appendix to Tender, but excludes the period from 16 December to 5 January. The Contractor will be required to develop and maintain for the full duration of the contract, a works programme whose purpose will be to ensure that the work is carried out and controlled in such a way that the contract is completed within the time stated in the tender or in the time extended by the Engineer in writing.

The Contractor shall take all aspects regarding the conditions on site, access, transportation, restricted working space, the availability of material, machines and labour into account during the tender stage and the compiling of a construction programme.

PS 5.2 : Construction Programme The Contractor must submit his construction programme within the time stated in the Appendix to the Tender. The programme is subject to the Engineer’s approval and remains so for the duration of the contract. This programme shall be in the form of a sloping bar chart or other time/activity form acceptable to the Engineer. The unit of measurement in respect of the time periods of activities will be a week. The programme shall reflect at least the following information for the phase: (i) A description of each of the major activities which are to be carried out during the contract and the sequence in which they will be done. (ii) The programmed time for carrying out each activity. (iii) The dependencies which exist between the various activities and whether these are time-related or resources-limited or both. (iv) The critical path of activities on which final completion of the Works is dependant. (v) The amount of slack time for non-critical activities. The following is a list of activities that the contractor is required to indicate on his programme which shall not be considered as being comprehensive but rather as the minimum information required by the Engineer: - Establishment on site - Excavate of strip footings - Cast of concrete footings - Roof construction The following details shall also accompany the programme: (i) Proposed number of working hours per day, working days per week, “pay weekends”: if any, and any proposed holiday or other shut down periods. (ii) Schedule of proposed labour resources (giving a breakdown of engineers/technicians, foreman, supervisions, artisans, skilled and unskilled labour) for each major activity. (iii) Schedule of proposed plant resources (giving a breakdown of description of units) for each major activity. (iv) The rate of production on which the programmed time for carrying out the work is based for different activities. It is the Contractor’s interest to give as much information as possible about times allowed for construction as well as resource or other limitations on programme times, since this programme will form the basis for any contractual negotiations about extensions of time once the contract is commenced. Failure to comply with any of these requirements will entitle the engineer to use a programme based on his own assumptions to evaluate claims for extension of time for the completion of the work and/or for additional compensation. Once approved by the Engineer in writing, this programme shall be known as the contract programme and shall be revised only as described below. Minor revisions to the contract programme may be introduced from time to time by mutual agreement between the Contractor and the Engineer. Should the Engineer require a major revision to the contract programme for whatever reason, the Contractor shall be notified in writing and such revision shall be submitted for approval to the Engineer within two weeks of receipt of such notification. If a revised programme is issued, the effect on the initial critical path must be clearly indicated to the Engineer as must the steps required to be taken to ensure the completion of the contract within the stated time of Completion. The Contractor shall submit to the Engineer, at least three working days before each monthly site meeting, one paper print of the contract programme with detailed programmes (as described below) duly marked up to reflect the actual progress up to that date. PS 5.3 : Detailed Programme Detailed programmes (used to amplify certain aspects of the contract programme and submitted monthly). (i) Detailed bar charts

An extract from the updated contract programme covering the forthcoming two-month period with major activities broken down into daily activities. (ii) Production graphs Sloping bar graphs where the “unit” (e.g. M3, km, no, tee) is shown on the vertical axis, “time” (in days) is on the horizontal axis and the graph line reflects the “activity”. These are to be produced for the forthcoming month and will cover all activities of a repetitive nature such as: brickwork, electrical/plaster & paint etc. PS 5.4 : Reporting The Contractor shall submit to the engineer at least three days before each monthly site meeting a monthly progress report which shall include the following: (i) A summary of progress on site over the month immediately preceding the monthly site meeting. This shall be in the

form of a detailed narrative to the contract programme. (ii) Highlight activities running late, indicating what step have (or will) be taken (e.g. reprogramming), additional plant

and/or labour resources, etc.) to ensure that the specified date of completion is not overrun. (iii) Status report of all plant employed on site. (iv) Status report of all labour resources employed on site. (v) Status report of all material on site. No separate payment will be made for observing these requirements as it is deemed to be included in the amounts tendered for Schedule A: Preliminary and General. PS .5.5 : Methods Construction methods must be of such nature that no person, property or improvements in the vicinity of the works is endangered. The Employer accepts no responsibility for any work executed without written permission outside the site of Works. PS 6 : SITE FACILITIES AVAILABLE PS 6.1 : Source of Water Supply The Contractor shall make his arrangements for potable water for construction and domestic purposes. PS 6.2 : Source of Power Supply The Contractor shall make his own arrangements for obtaining power and be responsible for all costs involved. PS 6.3 : Location of Camp Site The Contractor must make his own arrangements for a Camp Site. The location of the Contractor’s camp including the material storage areas, will be subjected to the Engineer’s approval. PS 6.4 : Housing for Contractor’s employees No housing are available for the Contractor’s employees, and the Contractor shall make his own arrangements for housing his employees or transporting them to and from the site. The Contractor is in all respect responsible for the housing and transporting of his employees, and for the arrangement thereof, and no extension of time due to any delays resulting from this, will be granted. No housing on site shall be allowed. PS 7 : SITE FACILITIES REQUIRED PS 7.1 : Facilities for the Engineer No facilities are required for the Engineer. PS 8 : FEATURES REQUIRING SPECIAL ATTENTION PS 8.1 : Dealing with Water The Contractor is responsible for the control of storm water from adjoining areas, the site and groundwater. No additional payment will be made and it will be deemed to be including in the rates of the relevant items.

PS 8.3 : Record Drawings As the Works proceed the Contractor must keep detailed records of all changes to the plans. The actual position of all new and existing services must be indicated on the set of drawings supplied free of charge for this purpose. The certificate of completion will only be issued once the record drawings have been received by the Engineer. No separate payment will be made for this and it will be deemed to be included in the rates for the relevant items. PS 8.4 : Safety Since the construction occurs in a built-up area the Contractor must take the safety of the residents and their property into account during the planning and execution of the works. All open trenches, services, material and machines must be protected and clearly marked. PS 8.5 : Existing Services The positions of existing services are unknown. The Contractor shall take special precaution not to damage any existing services. Any damage caused to existing services once identified as existing, must be repaired at the contractor’s cost. Such repairs must be executed in terms of the requirements and to the standards of SANS 1200. All existing services must be protected. Any costs to the Employer arising from the non compliance with this requirement will be assessed by the Engineer and deducted from the payment certificate.

PS 8.6 : Testing and quality control The contractor shall engage the services of an approved independent testing laboratory for the testing of materials and the quality of layer works, to ensure that his work conforms to the specifications. No separate payment will be made for such testing by an approved laboratory, the costs of which will be deemed to be included in the contractor’s tendered rates for the various items of work requiring testing in accordance with the specifications. PS 9 : ABNORMAL RAINFALL The statistics of the Prospect weather station as given in Table 3 of WB 40 of the Weather Bureau will be used for the determination of Nn and Rn for use in sub clause 45(8) of the Special Conditions of contract. `1 The Contractor will be responsible for the recording of rainfall and submit these records to the Engineer at the monthly meeting. No payment will be made for the recording of the rainfall data and all costs must be included in the relevant items. Rainfall Station: Prospect Position: Latitude: 33°51’S Longitude: 20°03’E Height: 152m above mean sea level Duration of records: 1971 – 1988 Average annual rainfall: 269mm/year Average number of days with more than 10mm rainfall: 8 days/year y = 10mm x = 20mm Month Nn Rn Month Nn Rn January 0.5 15 July 0.9 29 February 0.6 15 August 1.2 29 March 0.5 18 September 0.4 20 April 1.4 43 October 0.5 17 May 0.8 32 November 0.3 12 June 0.9 72 December 0.4 14 PS 10 : CONTRACTOR’S CAMPSITE Except for the security personnel, no person may occupy the site outside normal working hours. PS 11 : APPLICABLE STANDARDIZED SPECIFICATIONS

Although not bound in nor issued with this document, the following standardized specifications shall form part of the contract document and shall apply: SANS 1200 A General SANS 1200 AB Engineers Office SANS 1200 C Site Clearance SANS 1200 DA Earthworks (Small Works) SANS 1200 GB Concrete (Ordinary Buildings) PS 12 : APPLICABLE PARTICULAR SPECIFICATIONS The following particular specifications are bound into the document and shall apply: Framework for Procurement Policy PS 13 : PROTECTION OF THE ENVIRONMENT PS 13.1 : Environment Management Plan The Contractor shall comply with the provisions of the environmental plan. PS 13.2 : Fires and Burning of Vegetation No fires may be lit except at places approved by the relevant authority. The Contractor shall ensure that the fire hazard on and near the site is reduced to a minimum and shall take immediate and effective steps to extinguish any fire that may break out. Burning of vegetation and trees cleared from the site and/or any other material may only be done on site if permitted in writing by the relevant authority, and shall then be strictly controlled by a competent supervisor, shall be carried out strictly in accordance with any directions given and shall be carried out solely at the risk on the Contractor. PS 13.3 : Preservation of Flora and Fauna and Soil Conservation The Contractor shall comply with the requirements of PSEMA and SPEC EMA and shall (a) take all precautions to prevent (i) the erosion of soils and/or (ii) loss of or injury to domestic and other animals from any lands used or occupied by the Contractor. (b) refrain from destroying, removing or clearing trees, timber and scrub to any extent than is necessary for the execution

of the Contract. (c) take care to cause the minimum of disturbance to the fauna and flora. (d) take precautions to keep the risk of fire to a minimum. (e) take such measures as to ensure that his employees are aware of all laws and restrictions governing the hunting,

disturbing, capturing or destroying of animals and birds in the vicinity of the camp or the works or the taking of fish from any water.

(f) Prohibit all firearms from the site and temporary camps. PS 14 : Transport of Material All costs of transporting material, including overhaul, shall be included in the applicable tendered rates. All references in the specifications to transport, overhaul and haul distances shall be deleted irrespective of whether or not deletion is included in these project specifications. PS 15 : Liaison with Statutory Bodies The contractor must comply with all requirements of the local authority as well as other authorities including but not restricted to the Industrial Council for the Building Industry, PGWC and any other Government Departments or parastatals concerned with this Contract in respect of sanitation, wages, local regulations and any other statute applicable to the Contract. PS 16 : Dayworks PS16.1 General Day works may be used only at the discretion of the Engineer and further, only if ordered in writing by the Engineer.

PS16.2 Labour The tendered rates for labour to be used on day works, must include all gross remuneration of labourers, gangers and charge hands working in the gang, but excludes the cost of the time for foremen or supervisors which will be deemed to have been included in other relevant items in the Schedule of Quantities. Gross remuneration will be deemed to include basic salary/wage and all fringe benefits paid by the employer. PSAO : OCCUPATIONAL HEALTH AND SAFETY (SPEC AO – 08/04) PSAO 3 : MATERIALS PSAO 3.1 : Hazardous Substances (Sub-clause 3.1) The materials to be used in this contract include the following hazardous materials:

• certain cleaning substances

• petroleum and petroleum products

• cement PSAO 4 : PLANT PSAO 4.1 : Medical Facilities and Safety Equipment (sub-clause 4) See PSA 4.1 PSAO 5 : CONSTRUCTION PSAO 5.1 : Risk assessment (sub-clause 5.5) PSAO 5.1.1 : Construction Work Construction work to be undertaken in this contract includes (a) operation of plant and vehicles (b) bulk earthworks (c) mixing of concrete PSEMA : ENVIRONMENTAL MANAGEMENT (SPEC EMA) PSEMA 1 : SCOPE The general principles contained within the SPEC EMA shall apply to all construction activities. All construction activities shall observe any relevant environmental legislation and in so doing shall be undertaken in such a manner as to minimise impacts on the natural and social environment.

SPECIFICATION AO – 10/04 : OCCUPATIONAL HEALTH AND SAFETY

1. SCOPE This Specification covers the health and safety aspects required of, and that shall be implemented during the

construction and/or demolition work and/or plant installation specified in the Project Specification and standard specifications, shown on the drawings and/or scheduled in the Schedule of Quantities. It covers temporary and permanent work.

2. INTERPRETATIONS 2.1 Supporting specifications Where this Specification is required for a project, the following specifications and/or documents shall, inter alia,

form part of the Contract Document: a) Project Specification; b) SABS 1200 A, AA, AD, AH, or SPEC T/AT as applicable; c) Occupational Health and Safety Act (Act No. 85 of 1993); d) Construction Regulations, 2003. And, in addition to the above, one or more of the following specifications may be required: e) SABS 1200 D; f) SABS 1200 DM;

g) SABS 1200 DB.

2.2 Application This Specification contains clauses that are generally applicable to demolition, construction and plant installation

contracts and may contain clauses related to work not applicable to the particular Contract. Interpretations and variations of this Specification are set out in Portion 2 of the Project Specification.

2.3 Definitions and abbreviations For the purpose of this Specification the definitions and abbreviations given in the applicable of the specifications

listed in 2.1, the definitions given in the Construction Regulations and the following definitions and abbreviations shall apply: a) OHS : Occupational Health and Safety. b) Construction Regulations : Construction Regulations, 2003 of the OHS Act (Act No. 85 of 1993).

3. MATERIALS 3.1 Hazardous substances 3.1.1 General The following commonly used construction materials and substances potentially pose health and safety hazards: - Substances in pressurized containers, - Certain cleaning substances, - Bitumen and tar products - Epoxies, - Petroleum and petroleum products - Cement, - Lime and other stabilizing agents - Timber preservatives - Paints, - Asbestos products. Particular materials and substances to be used are specified in the Specifications and/or shown on the Drawings

and others may be identified in the Project Specification. Notwithstanding any requirements regarding specific materials, the Contractor shall take appropriate measures

to manage the risk associated with the use of the applicable of the above materials, those listed in the Project Specification and all other hazardous materials required to complete the Works. He shall obtain Material Data Safety Sheets from the supplier of any hazardous substance and take particular notice of, and adhere to any precaution instructions provided by the manufacturer or supplier regarding the storage, transport, handling, use and disposal of its materials and substances.

The Material Data Safety Sheets shall be available on site. 3.1.2 Method statements The Contractor shall submit with his health and safety plan, method statements detailing the storage, transport,

handling, use and disposal of each hazardous substance to be used or brought onto site, including copies of the Material Data Safety Sheets referred to in 3.1.1 above.

The methods set out in these statements shall be implemented on site. Such method statements shall be available on site. 3.2 Storage, stacking and use 3.2.1 General In addition to Sub clause 4.2 of SANS 1200 A, a competent person shall be appointed in writing with the duty of

supervising all storage and stacking operations. (See also section 26 of the Construction Regulations). Hazardous chemical substance, as defined in the Regulations for Hazardous Chemical Substances, used during

construction shall be stored in secondary containers.

Flammable liquids shall be stored, used, and/or applied in a manner that would not cause a fire or explosion

hazard. The Contractor shall ensure that in the vicinity of such materials;

a) no person smokes b) there is no open flame, and c) there is nothing that could cause an open spark. (See also section 23 of the Construction Regulations).

The area in which materials that give off hazardous fumes are stored and/or used shall be effectively ventilated and every employee involved shall be provided with a suitable respirator, mask or breathing apparatus.

3.2.2 Explosives

In addition to Sub clause 5.1.1.3 of SANS 1200 D, explosives shall be transported, stored and handled in accordance with the Explosive Regulations.

3.2.3 Fuels and oils The Contractor shall demarcate bulk fuel storage and refuelling areas and provide adequate security and control. 3.3 Signs The Contractor shall display warning signs, in English, Afrikaans and Xhosa and any other relevant language

used by the workforce, indicating the presence of any hazardous substance and at all storage areas. 4. PLANT 4.1 General obligations In addition to Sub clauses 4.1 of SANS 1200 A and 4.3 of SANS 1200 D, all construction plant, tools and

systems shall be in a safe working condition and shall be adequately maintained. Plant shall be operated with due regard for the safety of those in its proximity. All operators shall be physically and psychologically fit to operate their respective vehicles, mobile plant and

cranes and to operate in their respective environments. They shall be in possession of a medical certificate of fitness.

4.2 Protective clothing and equipment Where appropriate, employees and visitors shall be provided free with the necessary and recommended

protective clothing and equipment. 4.3 Construction vehicles and mobile plant (see also section 21 of the Construction Regulations) Construction vehicles and mobile plant shall be equipped with an electrically operated acoustic signalling device

and a reversing alarm.

A competent person shall be appointed to inspect, on a daily basis, prior to use, construction vehicles and mobile plant and shall record the findings of such inspections in a register.

The Contractor shall ensure that

a) no person rides on any construction vehicle or mobile plant other than in a safe place provided thereon for that purpose.

b) Operators and drivers follow demarcated routes and contain their operations within demarcated operating areas.

4.4 Formwork and support work (see also section 10 of the Construction Regulations) A competent person shall be appointed in writing to the duty of supervising all formwork and support work

operations. All formwork and support work structures shall be adequately designed, erected, supported, braced and maintained so as to support the loads they are to carry.

Formwork and support work equipment shall be examined and checked before use by the aforesaid competent person.

4.5 Scaffolding

(see also section 14 of the Construction Regulations) A competent person shall be appointed in writing to supervise all scaffolding operations. All scaffold erectors, team leaders and inspectors shall be competent to carry out their respective tasks and

work. 4.6 Radioactive sources The use, care and storage of radioactive materials such as in nucleonic density testing machines shall conform

to the requirements of the Hazardous Substances Act No. 15 of 1973 and its regulations. Such devices, except while being actively used by the operator, shall be safely secured.

4.7 Other items of plant Plant not specifically referred to above shall be inspected, operated and maintained in a manner that assures the

health and safety of all persons on the site. In particular, the requirements of the Construction Regulations shall be complied with in regard to:

a) Boatswain’s chairs: section 16 b) Material hoists: section 17 c) Batch plants: section 18 d) Explosive powered tools: section 19 e) Cranes: section 20

5. CONSTRUCTION 5.1 Description of the Works The Works and, if necessary, the temporary work required to construct the Works are described in the Project

Specification and/or shown on the Drawings. 5.2 Existing conditions The conditions existing on site are described in the Project Specification and/or shown Drawings. 5.3 Design information

Design information provided for safety planning purposes, such as design loads for structures, foundation

conditions etc, is provided for the Drawings or in the Project Specifications. 5.4 General obligations In addition to Sub clause 5.7 of SANS 1200 A, the Contractor shall comply with the Occupational Health and

Safety Act (Act No. 85 of 1993) (OHS Act) and in particular with its Construction Regulations, 2003. All the work included in this Contract shall, for the purpose of complying with the OHS Act and the Construction

Regulations, be deemed to be “construction work”.

In complying with the OHS Act and its Construction Regulations, the Contractor shall consider all aspects of the Works, necessary temporary work, such as traffic accommodation, and conditions

existing on site, such as utility services, ground and foundation conditions, surrounding land use, pedestrian and vehicular traffic and anticipated weather conditions, and take into account the construction methods and materials to be used.

The Contractor shall take full responsibility for the prevention of unhealthy or unsafe working conditions and

practices and for the promotion of a healthy and safe site and healthy and safe working practices on site. The Contractor shall be responsible for the health and safety aspects of his subcontractors and shall have the

responsibilities and carry out the duties towards his subcontractors that the Employer has towards the Contractor.

With a few exceptions, the Standard Specifications and the Project Specifications are “end result specifications”

and not “method specifications”. As the methods of construction to be used are generally determined by the Contractor, detailed safety requirements applicable to all the operations to be carried out on Site are not

provided in these documents. The Contractor shall apply all relevant safety regulations and requirements to the work methods he chooses and materials to be used.

The failure or refusal of the Contractor to comply with safety requirements or to take the necessary precautions

for the health and safety of its employees and others on site as required by statutory authorities or as ordered by the Engineer, shall be sufficient cause for the reduction of payment of the relevant scheduled item and/or the suspension of payments under this Contract and/or for the Engineer to order a temporary halt of work within the affected areas until the specified or ordered requirement have been complied with to the satisfaction of the Engineer. No extension of time will be granted and any costs associated with such halt in construction or the provision of required or necessary precautions ordered by the Engineer shall be to the Contractor’s expense.

5.5 Risk assessment Before the commencement of any construction work and where necessary during construction work, the

Contractor shall cause a risk assessment to be performed by a competent person appointed in writing. The risk assessment shall at least;

a) identify, analyse and evaluate the risks and hazards to which persons may be exposed; b) include a plan of safe working procedures c) include a plan for monitoring and review of the implementation of such working procedures and their

effectiveness to mitigate, reduce or control the risks and hazards identified and observed during construction; and

d) determine the need and frequency, if any, of instruction and training of employees during construction. As far as is reasonable practicable, ergonomic-related hazards shall be addressed in the risk assessment.

5.6 Health and safety plan Without limiting his obligations and liabilities in terms of the Construction Regulations, 2003 of the OHS Act, the

Contractor, in his health and safety plan to be submitted in terms of the Special Conditions of Contract, shall inter alias deal with the safety provisions he will set up in respect of the aspects specified below.

After performing the risk assessment, the Contractor shall prepare the health and safety plan for approval by the

Employer. The health and safety plan shall include, but not be limited to, the following:

• The health and safety management structure including the names of all designated persons such as the Site Agent, the Construction (Health and Safety Officer) and all

• other specifically appointed persons, listing their knowledge, training experience and qualifications in the work for which they are appointed.

• Health and safety method statements and procedures to be adopted to mitigate, reduce or control the risks and hazards that have been identified in the risk assessment and in

• the Project Specification and to ensure compliance with the OHS Act. Aspects to be dealt with shall include, if applicable: - Control of the movement of construction vehicles; - The storage, transport, stacking use and disposal of materials (in particular explosives,

flammable liquids and materials that give off hazardous fumes); - The use of tools, vehicles and plant; - Public vehicular and pedestrian traffic accommodation measures; - Security, access control and the exclusion of unauthorised persons; - Temporary support structures; - Dealing with working at height, including fall protection; - Excavation work including potential collapse and slipping of excavated faces; - Demolition work.

• The formation and operation of health and safety committee on site;

• Medical assessment of drivers and operators;

• Medical facilities and arrangements on site;

• Fire and emergency procedures;

• Induction and training of persons on and visiting the site;

• The provision and use of temporary services;

• Compliance with way leaves, permissions and permits;

• Safety equipment, devices and clothing to be employed;

• Other specific aspects of work such as electrical installations and machinery, tunnelling, structures and

working in water environments;

• Emergency procedures (including fire precautions);

• Provision of welfare facilities;

• The programme of inspections;

• Arrangements for monitoring and control to ensure compliance with the health and safety plan;

• A periodic review of the health and safety plan. The Contractor shall discuss the health and safety plan with the Employer or his/her appointed Agent

with respect to health and safety matters or the Engineer and amend it as necessary in order to achieve approval.

The approved health and safety plan shall be implemented and maintained on the site for the duration of

construction. 5.7 Site establishment and management 5.7.1 Construction Safety Officer and other appointments The Contractor shall appoint a competent employee in writing as his full-time or part-time Construction (Health

and) Safety Officer to assist in the control of all safety related aspects on the site. Where practicable, the Construction (Health and) Safety Officer shall give input into the health and safety plan. Any such input shall be recorded in the health and safety file.

The Construction (Health and) Safety Officer shall carry out regular and random checks of all parts of the site

where work is taking place. The Contractor shall appoint such other competent persons to specific roles as required elsewhere in the

Specification and/or the Construction Regulations. 5.7.2 Safety of the general public

The Contractor shall be responsible for the safe and easy passage of public traffic past and/or over sections of

roads and the site of which he has occupation. The Contractor shall take the necessary care at all times in all his operations and use of his equipment to protect the public and to facilitate the flow of pedestrian and vehicular traffic.

5.7.3 Barricading etc In addition to Sub clause 5.1.1.1 of SANS 1200D, all unprotected openings and edges where there is a risk of a

person falling through or off shall be adequately guarded, fenced or barricaded. Excavations where the safety of persons may be endangered shall be adequately barricaded of fenced and shall

be illuminated at night. 5.7.4 Signage Routes followed by site vehicles and plant and operating areas shall be adequately signposted and demarcated. Notices shall be conspicuously placed at all openings and edges where there is a risk of a person falling through

or off same. Warning signs shall be placed alongside excavations in which persons are working. 5.7.5 Access to the site The Contractor shall ensure that access to the site is controlled and that all visitors to the site undergo health

and safety induction pertaining to the hazards prevalent on the site and are provided with the necessary protective clothing and equipment.

5.7.6 Way leaves, permission and permits The Contractor shall abide by the health and safety conditions imposed by any way leaves, permission or

permits. 5.7.7 Reporting of infringements, improvements and incidents

The Contractor shall establish a procedure for the reporting of health and safety infringements and suggested

improvements to the Construction (Health and) Safety Officer who shall record all such infringements and suggested improvements.

All incidents shall be reported strictly in accordance with the requirements of section 24 of the OHS Act and the

General Conditions of Contract. 5.7.8 Works committee

The Contractor shall establish a health and safety works committee on site. The committee shall comprise;

a) Construction (Health and) Safety Officer; b) Representatives of the contractor’s supervisory staff

c) Representatives of the various categories of the Contractor’s workforce elected by the workforce.

A member of the Engineer’s staff, nominated by the Engineer shall be notified of meetings and shall be free to attend.

The Contractor shall ensure that no loss of pay or benefits apply to any employee elected to the committee. The functions of the health and safety works committee shall be to, inter alias;

a) review, consider and report on any health and safety aspect on site, including health and safety procedures and method statements with the purpose of monitoring their effectiveness or shortcomings and to recommend changes where considered necessary;

b) carry out regular inspections, review results and make recommendations where necessary; c) investigate unsafe practices.

The committee shall meet at regular intervals not exceeding one month. Minutes of the meetings shall be kept by the Contractor and copied to the Engineer within 10 days of each meeting.

5.7.9 Outbreak of illness In the event of any outbreak of illness of a highly contagious or epidemic nature, the Contractor shall comply with

and carry out such regulations, orders and requirements as may be made by the relevant authorities. 5.7.10 First aid The Contractor shall ensure that the necessary first aid facilities and emergency evacuation equipment is

available on Site whenever persons are working on site. Each foreman or work crew member shall be trained in first aid and shall possess a valid certificate to that effect

issued by the Red Cross Society of SA, St Johns Ambulance or equivalent, within 3 months of their appointment. 5.7.11 Lighting and power circuits All lighting and power circuits shall be fitted with earth leakage systems. Such systems shall be tested monthly

and any circuit where the earth leakage system is malfunctioning shall be repaired immediately or removed and replaced with satisfactory unit.

5.7.12 Lightning protection equipment In areas where lightning is considered a hazard, the Contractor shall take precautions by the use of lightning

protection equipment and earth’ing mats, all of which shall be properly designed and installed. Metalwork and conductors shall be properly earthed.

No charging or blasting shall take place if lightning is forecast as being imminent. All charged areas shall be

evacuated. 5.8 Training All employees shall be trained in the tasks they are to perform and in use of the tools they are required to use. All operators shall be trained in the use and operation of the plant they are required to operate.

Before any work commences and thereafter at such times as may be determined in the risk assessment, the

Contractor shall ensure that all his employees on site are informed, instructed 4- and trained by a competent person regarding the risks and hazards identified in the risk assessment and their related and other work procedures.

Every employee shall carry proof of his or her health and safety induction training. Employees required to erect, move or dismantle formwork and support work shall have been adequately trained. 5.9 Notification of construction work Before carrying out any work the Contractor shall issue any applicable notification in terms of section 3(1) of the

Construction Regulations, i.e.

• Working at a height of greater than 3m,

• Use of explosives,

• Excavating deeper than 1m,

• For contracts longer than 30 days or involving more than 300 person days.

5.10 Health and safety documentation The Contractor shall provide and maintain on site a health and safety file. The health and safety file shall be

made available upon request. The health and safety file shall contain a copy of:

• the completed notification form, if applicable, in terms of 5.9 above,

• the risk assessment in terms of 5.5 above,

• the approved health and safety plan prepared in terms of 5.6 above (including that of any subcontractors),

• a record of all drawings, designs and materials used etc. On completion of construction the file shall be handed over to the Employer. Where applicable, the Contractor shall maintain on site:

• a record of any input to the health and safety plan by the Construction (Health and) Safety Officer,

• a comprehensive and updated list of all subcontractors on site including a copy of their agreements and the type of work being done,

• a register of the issuing and receipt of unspent and spent cartridges,

• a register of inspection of construction vehicles and mobile plant,

• a register of excavation and shoring inspections,

• records of fitness for and training of employees working at elevated positions,

• records of structure inspections by the designer,

• a register of formwork and support work inspections,

• findings of daily inspections of construction vehicles and mobile plant,

• a register of inspections of all temporary electrical installations and machinery,

• minutes of health and safety committee meetings.

5.11 Specific aspects of construction Where applicable, the aspects in the following clauses shall be specifically addressed. 5.11.1 Fall protection (See also section 8 of the Construction Regulations)

For work where there is a fall risk, the Contractor shall a) designate a competent person responsible for the preparation of a fall protection plan as part of the health and

safety plan, b) employ on work at elevated positions only those who have been evaluated and shown to be physically and

psychologically fit for such work, c) erect suitable fall prevention and, if necessary, fall arrest equipment. 5.11.2 Structures (See also section 9 of the Construction Regulations) The Contractor shall take all reasonably practical steps to prevent the uncontrolled collapse of any new and

existing structure, or part thereof, that may be temporarily weak or unstable due to construction work being carried out.

No structure shall be loaded in a manner that would render it unsafe. 5.11.3 Excavation work (see also section 11 of the Construction Regulations) Without limiting his responsibility for the safety of his workers in any excavation, the Contractor shall ensure the

safety of his workers in any excavations deeper than 1.0m in terms of the provisions of the OHS Act. The Contractor may choose to batter excavations to a safe slope if sufficient space is available, or adequately shore the excavations.

A competent person shall be appointed in writing to supervise the carrying out of all excavation work. Before excavation work begins, the Contractor shall evaluate as far as is reasonably practicable, the stability of

the ground. The Contractor shall not permit or require any person to work in an excavation that has not been adequately

shored or braced or the sides of which are not sloped to at least the maximum angle of repose. Should the Contractor consider that an excavation is in stable material and consequently no shoring is required

for that excavation, he shall provide to the Engineer, in terms of Sub-regulation 11(3)(b)(ii)(a) a written statement to that effect signed by the competent person appointed in terms of Sub-regulation (11)(1).

Where the stability of an adjoining building, structure or road is likely to be affected by an excavation, the

Contractor shall ensure that steps are taken to ensure the safety of the building, structure or road. Every excavation, including all shoring and bracing, shall be inspected by the above competent person:

a) daily, prior to each shift b) after every blasting operation c) after an unexpected fall of ground d) after substantial damage to supports, and e) after rain.

The results of such inspections shall be recorded in a register. A person who is competent in the use of explosives for excavation work, shall be appointed to develop a method

statement in accordance with the applicable explosives legislation. 5.11.4 Demolition work (see also section 12 of the Construction Regulations) A competent person shall be appointed in writing to supervise and control all demolition work. Prior to any demolition work being carried out a detailed structural engineering survey of the structure to be

demolished shall be carried out and the method of demolition shall be ascertained there from. 5.11.5 Tunnelling (see section 13 of the Construction Regulations) 5.11.6 Suspended platforms (see section 15 of the Construction Regulations)

5.11.7 Electrical installations and machinery (see also section 22 of the Construction Regulations) A competent person shall be appointed to and shall inspect and control all temporary electrical installations and

machinery. 5.11.8 Water environments (see also section 24 of the Construction Regulations) Where construction work is carried out close to or over water, provision shall be made for preventing employees

from falling into the water and for rescuing employees in danger of drowning. Employees shall be provided with and shall wear lifejackets.

5.11.9 Housekeeping (see also section 25 of the Construction Regulations) 5.11.10 Fire precautions (see also section 27 of the Construction Regulations) Suitable and sufficient fire-extinguishing equipment shall be placed at strategic locations. A competent person shall be appointed to and shall inspect at regular intervals, the fire extinguishing equipment. A sufficient number of employees shall be trained in the use of the fire extinguishing equipment Where appropriate signs shall indicate fire escape routes. 5.11.11 Welfare provisions (see also section 28 of the Construction Regulations) 5.11.12 Small diameter shafts and test pits

Work in small diameter shafts and test pits shall comply with the Code of Practice: The Safety of Persons Working in Small Diameter Shafts and Test Pits for Civil Engineering Purposes available from the South African Institution of Civil Engineers of the South African Association of Engineering Geologists.

5.12 Audits by the Employer

The Contractor shall permit the Employer to regularly audit, at an agreed interval, the implementation and maintenance of the approved health and safety plan and shall co-operate and provide all the required documentation, as may be required, in this regard. As a result of such audits the Employer may order improvements to be made to the health and safety plan.

5.13 Variations

Should any variations be ordered or design amendments issued the Engineer will inform the Contractor of all the associated potential hazards to ensure that the health and safety aspects of the work ordered are taken into account.

6. TESTING 6.1 Fall protection

Fall protection equipment shall be tested for adequacy after erection. 6.2 Boatswain’s chair

Each boatswain’s chair shall be performance tested immediately after it has been erected. 7. TOLERANCES Void 8. MEASUREMENT AND PAYMENT

8.1 Basic principles

In addition to those aspects covered by 8.2 below, Occupational Health and Safety aspects related to particular items of work will be held to be covered by the tendered sum or rate for that work.

8.2 Scheduled items 8.2.1 Risk assessment

The tendered sum shall cover the cost of carrying out a risk assessment required in terms of 5.5 above at the start of the Contract and any subsequent risk assessment that is proved necessary as the work proceeds, and the inclusion thereof in the health and safety plan.

8.2.2 Health and safety plan

The tendered sums shall cover the Contractor’s cost of the preparation, approval process, maintenance and implementation of an approved health and safety plan required in terms of 5.6 above.

8.2.3 Construction Safety Officer and other appointments

The tendered sum shall cover the cost of the provision of a Construction (Health and) Safety Officer and such other appointments required on the site.

8.2.4 Medical assessment of employees

The tendered sum shall cover the cost of having the Contractor’s employees medically assessed with regard to their medical fitness for the work they will be required to perform and/or vehicles or plant they are required to operate and the provision of the appropriate certificate.

PROJECT SPECIFICATIONS – PORTION 2

SANS 1200 A : GENERAL

A 3 : MATERIALS PS A 3.1 : Quality Substitute the second sentence of the first paragraph of A 3.1 with the following: Materials shall bear the official mark of the appropriate standard. Substitute the second paragraph with the following: Samples on which control testing is required by the Engineer, shall be delivered free of charge to an approved laboratory. The Contractor is responsible for the cost of all testing to ascertain that the materials do comply with the relevant minimum requirements and all such costs shall be deemed to be included in the tendered price. The cost of control test done by the Engineer and of which the results do not comply with the minimum requirements shall be for the Contractor’s account. The Contractor shall inform the Engineer of any control testing to be done at least 48 hours before such test are required and must allow in his programme for the time necessary for the tests and the processing of the results thereof. A 4 : PLANT PS A 4.2 : Contractor’s Office, Stores and Service Add the following to A 4.2: The Contractors site agent or representative must be contactable at all times by phone. Should use be made of radio and or cellular-phones, these must be operational at all times with sufficient back-up batteries or recharging facilities. There exists no housing facilities for the Contractor’s work force, and arrangements must be made by the Contractor to accomplish that as well as transport. The Contractor is solely responsible for their housing, or the arranging thereof, and no payment or extension of time will be allowed because of any delay and/or work damage that may arise. The Contractor shall provide suitable sanitary arrangements at his camps, offices and construction site for his staff. A minimum of one toilet shall be provided per 15 persons at each working area. No employees of the Contractor will be allowed to use the existing sanitary facilities of the existing surrounding buildings. If outside toilets are provided, they shall be of a neat construction and shall be provided with doors and locks and shall be secured. Sanitary arrangements shall be to the satisfaction of the Engineer and the Local Authorities. Toilets shall be chemical at 1 toilet per 20 employees and placed 300m walking distance from workplace. The Contractor shall regularly empty and dispose of the waste to the satisfaction of the Engineer and the local Authorities. The Contractor shall keep the toilets in a clean, neat and hygiene condition. A 5 : CONSTRUCTION A 5.1 : Survey PS A 5.1.1 : Setting out of the Works Setting out of the works is the sole responsibility of the Contractor as indicated on the drawing. Any costs or subsequent costs arising from discrepancies which have not been reported to the Engineer within the aforementioned period, shall be the sole responsibility of the Contractor. If no written statement is received from the Contractor it will be held that the Contractor has satisfied himself that the positions and levels are correct. PS A 5.2 : Watching, Barricading, Electric Lighting and Traffic Crossing Add the following to A 5.2: The crossing of existing entrances to sites and streets must be done so that free access is ensured at all times. Traffic control shall be done with Stop/Go sign control with the relevant road sings during day time if applicable.

Road traffic signs shall comply with the requirements of the “South African Road Traffic Signs Manual” and shall be approved by the Engineer before construction commences. PS A 5.4 : Protection of the overhead and underground services Add the following to A 5.4: The Contractor shall as soon as possible after handing over of the site, commence with the detection of existing services, continuously without interruptions and finalize it at least 7 days before excavation starts at that particular section. Provision must be made for the protection and maintenance of existing services for the duration of the contract. No payment will be made in respect of this and all costs must be included in the tendered rates. PS A 5.6 : Pollution This Contractor’s attention is drawn specifically to dust disturbance, due to the fact that the works takes place near existing business premises. PS A 5.10 : Workmen’s Compensation Act It is a requirement of this contract that all labour employed on the site be covered by the Workmen’s Compensation Act. The Contractor is to arrange a suitable method of complying with the Act including the payment of he necessary levies. A 7 : TESTING PS A 7.4 : Statistical analysis of control tests Replace A 7.4 with the following: Test results will not be analyzed by statistical methods, and all result must comply with the minimum requirements of the materials concerned.

PROJECT SPECIFICATION : PORTION 2

SANS 1200 C : SITE CLEARANCE

C 3 : MATERIAL PS C 3.1 : Disposal of material Substitute the first sentence of C 3.1 with the following: Material obtained from clearing and grubbing, demolition of concrete foundations, dismantling of pipes and removal of kerbs and channels shall be disposed of off-site at a spoil site to be identified and procured by the Contractor. Materials qualifying for disposal on site will be spoiled where indicated by the Engineer. All transport costs shall be included in the rates tendered for site clearance. C 5 : CONSTRUCTION PS C 5.1 : Areas to be cleared and grubbed Substitute the first sentence of C 5.1 with the following: The Contractor may proceed with clearing and grubbing after handing over of the site. Substitute the last paragraph with the following: The Contractor shall program his work in such a way that re-clearing will not be necessary. The cost of re-clearing shall be borne by the Contractor. C 5.2 : Cutting of trees C 5.2.3 : Preservation of threes PS C 5.2.3.2 : Individual trees Add the following to C 5.2.3.2: Trees outside street, site boundaries must be left standing and undamaged, except where otherwise ordered in writing by the Engineer. The Contractor shall pay a penalty for each tree damaged or removed by him or his employees. C8 : MEASUREMENT AND PAYMENT PS C 8.2.8 : Demolish and remove structures ………………………………………………………………….. No payment will be made for transport to a Spoil site of-site


SANS 1200 D : EARTHWORKS

D 3 : MATERIALS D 3.3 : Selection PS D 3.3.1 : General Substitute the second paragraph of D 3.3.1 with the following: The Contractor shall deal selectively with material from general excavation. Any imported material does not comply with the minimum requirements for the respective fill, shall be removed and replaced with suitable material, all at the Contractor’s expense. The Contractor shall deal in such a way with materials from all excavations to ensure that usable material is not contaminated with unsuitable material. If usable material is contaminated, such contaminated material shall be removed and replaced with suitable material, all at the Contractor’s expense. No additional payment shall be made in respect of this and all relevant costs shall be deemed to be included in the tendered price. All unsuitable material shall be removed prior to importing fill material to such areas. Prior to commencing with earthworks, the Contractor shall make trial holes at positions and to depths ordered by the Engineer, to determine the area containing unsuitable material that is to be spoiled. D 5 : CONSTRUCTION D 5.1 : Precautions PS D 5.1.2.2 : Detection, location and exposure Add the following to D 5.1.2.2: If existing services are not shown on the drawings but the existence thereof can be reasonably expected, the Contractor shall, in conjunction with all relevance authorities, determine the exact depth and location of such services before commencing with construction. After locating the exact position of services the Contractor shall be liable for all costs and subsequent costs arising from the damage thereof as a result of the Contractor’s activities. These services must also be indicated on the record drawings. PS D 5.1.4.1 : Dust nuisance Add the following to D 5.1.4.1: The Contractor is responsible for dust control and is responsible for all claims which may arise from dust disturbance from the date of site handover to the date of completion of the contract. No payment will be made in respect of the above mentioned and all costs will be deemed as covered by the tendered rates. PS D 5.1.6 : Road traffic control Add the following to D.5.1.6 a) Sufficient road signs must be erected in such a way that motorists are warned well in advance of works, e.g. at the

closing of a street sufficient signs to direct traffic must be erected at the preceding intersection.

The Contractor must plan and execute the works in such a manner that a free flowing stream of traffic in both directions is maintained at all times.

b) Bypasses and/or road signs shall be provided and/or erected at all locations where the free flow of traffic is

obstructed and shall be approved by the Engineer before the commencement of construction. Where main roads are crossed, detours and temporary traffic signs must be provided.

c) Where a trench crosses a street or wherever a trench crosses the direction of traffic flow, drums must be placed in

the street, and not just along the sides of the street, with warning tape in between. d) Drums shall be painted white and provided with retro-flective warning tape between and around them.

e) Drums shall be kept in position with ballast of sand or soil. Stones shall not be used for this purpose. The spacing of

drums must be in such a way (maximum 5m) that they are visible from all directions. D 5.2 : Methods and Procedures PS D 5.2.2.3 : Disposal Substitute the second sentence of D 5.2.2.3 with the following: All surplus and unsuitable material shall be transported to a spoil area, to be designated by the Engineer. The designated area will be at the dump area at the refuse site, unless otherwise informed at the site inspection and in the minutes thereof. PS 5.2.5 : Transport for Earthworks PS 5.2.5.1 : Free haul Add to this clause: Haul of the disposed surplus and unsuitable material to the spoil site mentioned is PS D 5.2.2.3 will be regarded as free haul. In other words this haul will be deemed to be included in the price.


SANS 1200 GA : CONCRETE (SMALL WORKS)

GA 3 : MATERIALS GA 3.4 : AGGREGATES PS GA 3.4.1 : Aggregate Specification Add the following to PS GA 3.4.1: The fineness modules of the sand must be between 1.7 and 2.8 with a standard deviation of nor more than 0.1. PS GA 3.4.4: Alkali-aggregate reaction Malmesbury hornfels (shale) shall not be used in conjunction with a high alkali cement in concrete in any part of the Works. For the purposes of this clause, a high alkali cement is one in which the equivalent alkali content (Na2O + 0.658 K2O) exceeds 0.60 % by mass of the cement. In order to ensure that the above requirement is met, the Contractor may elect to use aggregate other than Malmesbury hornfels, that complies with the requirements of SABS 1083. Alternatively, if the Contractor chooses to use Malmesbury hornfels, he shall comply with the following requirements regarding the cement: a) Before commencing any particular section of the structure, the Contractor shall ensure that he has enough cement that is not a high alkali cement to complete the section. b) Certificates stating the alkali content of each delivery of cement to the site shall be supplied by the Contractor. These certificates shall be based on tests carried out at a laboratory approved by the Engineer. The cost of testing, including sampling, transporting of samples, and issuing of Certificates, shall be borne by the Contractor. c) The Contractor shall be entitled to use an approved brand of cement as a means for ensuring that the permissible alkali content is not exceeded. The Contractor shall make allowance for the higher price of such approved brand, if he chooses to use this method. d) High alkali cement delivered to the site shall be rejected, and the cost of its removal and replacement with cement with an acceptable alkali content shall be borne by the Contractor. GA 5 : CONSTRUCTION PS GA 5.4.1.5 : Strength Concrete All structural elements must be constructed with 35 MPa/19 concrete, or of the grade as shown on the drawings. All surplus and unsuitable material shall be transported to a spoil area, to be designated by the Engineer. The designated area will be at the dump area at the refuse site, unless otherwise informed at the site inspection and in the minutes thereof.

PROJECT SPECIFICATIONS : PORTION 2

SANS 1200 LB : BEDDING (PIPES)

LB 3 : MATERIALS PS LB 3.1 : Selected granular material Substitute LB 3.1 with the following: Selected granular material shall be an aggregate, sand or granular material, all of a non-cohesive nature and free from any organic material, of which the grading analysis shows 100% passing a 13.2mm sieve and not more than 5% passing a 0.075mm sieve and a PI not exceeding 6. PS LB 3.2 : Selected fill material Substitute LB 3.2 with the following: The requirements of PS LB 3.1 shall apply mutatis mutandis. PS LB 3.3 : Bedding Add the following to LB 3.3: All pipes shall be classified as rigid pipes and shall be laid on a Class C bedding except water connections and HDPE pipes which shall be classified as flexible pipes. PS LB 3.4.1 : Suitable material available from trench excavation Replace the first sentence of LB 3.4.1 with: Irrespective the requirements of subclause 3.7 of SABS 1200 DB and subclause 3.4.1 of SABS 1200 LB regarding the use of selective methods of excavation, the Contractor must use selective methods of excavation and supply and use plant that will avoid burying or contaminating material that is suitable and required for bedding or covering the pipeline. PS LB 3.5 : Bedding in waterlogged conditions In waterlogged conditions a bedding cradle of the thickness as specified in writing by the Engineer, comprising 13.2mm single size stone complying with the requirements of SABS 1083 shall be used. LB 5 : CONSTRUCTION LB 5.1 : General PS LB 5.1.4 : Compacting Substitute “90% of MAASTHO” in LB 5.1.4 with “93% of Mod.AASHTO (100% for sand)”. LB 8 : MEASUREMENT AND PAYMENT LB 8.1 : Principles PS LB 8.1.1 : Supply of bedding materials measured separately Add the following to LB 8.1.1:

Payment for bedding material and selected fill material is only made if the selected trench-excavation material cannot be used in the same position as bedding material but has to be obtained from another part of the site of works or designated borrow pits, of from commercial sources. PS LB 8.1.4 : Separate items for cradle and blanket Substitute LB 8.1.4 with the following: Although distinction may be made as regards items for the bedding cradle and selected fill blanket, the material in both cases shall comply with the requirements for material for bedding cradle.

PS LB 8.1.5 : Disposal of displaced material Add the following to LB 8.1.5: Excess displacement material must be disposed of at the dumping site as specified in clause PS D 5.2.2.3. PS LB 8.2.1 : Provision of bedding from trench excavation ……………………………………..… Unit : m³ Replace the paragraph “the rate shall …..” with the following: “The rates shall cover the cost of acquiring, from within site boundaries, bedding that complies with the relevant requirements of the specifications, of delivering it to points alongside the trench spaced to suit the Contractor’s methods of working, and of disposing of displaced material outside the site boundaries.

PROJECT SPECIFICATIONS : PORTION 2

BUILDING STANDARDS

• SPECIFICATION

The structure will be erected according the enclosed plans. Drawing numbers: 246750KBO/S00 246750KBO/ S01 246750KBO/ S02 246750KBO/ S03 246750KBO/ S04 246750KBO/ S05 246750KBO/ S06

• STEEL FINISHINGS

All steel surfaces to be treated as follows:

1.) Apply one coat of a SANS approved de-greaser 2.) Apply one coat ETCH Primer (red) 3.) Apply 2 coats QD enamel (black) 4.) All welded joints to be properly cleaned of excess weld before been treated.

• IBR SHEETING

Treat IBR sheeting as follows:

5.) Apply one coat of a SANS approved de-greaser 6.) Apply one coat ETCH Primer (red) 7.) Apply 2 coats QD enamel (grey)

• RAILS

All hand railing to be hot dipped galvanized

• SEATING

Black polyplank, 150 x 25mm 3 meter lengths


PART 5: ANNEXURES

5-1

Contract no.: LM 26/2010 A: CERTIFICATE OF AUTHORITY FOR SIGNATORY

Signatories for companies must establish their authority by attaching a copy of the relevant resolution of the Board of Directors, duly signed and dated. An example is shown below: “By resolution of the Board of Directors at a meeting on …………………………….. 20………… at Mr …………………………………………………………………………………................... Whose signature appears below, has been duly authorized to sign all documents in connection with this Tender of Contract no.: LM 26/2010 on behalf of (block capitals) SIGNED ON BEHALF OF COMPANY ……………………….. IN HIS CAPACITY AS ………………………... DATE ………………………... SIGNATURE OF SIGNATORY ………………………...

5-2

Contract no.: LM 26/2010

B : CERTIFICATE OF TENDERER’S ATTENDANCE OF SITE INSPECTION

This is to certify that I, ………………………... representative of (Tenderer) ………………………... of (Tenderer’s address) ………………………... telephone no ………………………... fax no ………………………... attended the official Site Inspection on (date), ………………………... having previously studied the Documents of this Contract in the company of (Representative of the Engineer) ………………………... I further certify that I have made myself familiar with all local Conditions likely to influence the work and the cost thereof, I am satisfied with the description of the work and the explanations given, and that I understand perfectly the work to be done, as specified and implied, in the execution of this Contract. SIGNED ON BEHALF OF TENDERER ………………………... SIGNED ON BEHALF OF THE ENGINEER ………………………...

5-3


C : SCHEDULE OF WORK CARRIED OUT BY TENDERER

The following is statement of major works executed by myself/ourselves. (vide clause 11.3 of the Conditions of Tender).

Employer Consulting Engineer

Type of Work Value of Work Year Completed

………………………... DATE ………………………... SIGNATURE

5-4


D : PLANT AVAILABLE FOR USE ON WORKS

The following are lists of major items of constructional plant that I/we a) have available immediately for this Contract, and b) will acquire or hire for this Contract if my/our tender is accepted I/we further undertake that if my/our tender is accepted, such constructional plant will be on the Works and available for use (see Clause 11 of the Conditions of Tender). a) Major constructional plant immediately available for this Contract. (To be given in detail).

Quantity Description, size, capacity, etc

b) Major constructional plant that will be acquired or hired for this Contract if my/our tender is accepted.

Quantity Description, size, capacity, etc

Date …………………………………….. Signature of Tenderer ……………………………………..

5-5


E : ALTERATIONS BY TENDERER

Should the Tenderer desire to make departures from or modifications to the General Conditions of Contract, the Special Conditions of Contract, Specifications or Drawings or to qualify in any way, he shall set out his proposals clearly hereunder or alternatively state them in covering letter attached to his tender and referred to hereunder, failing which the tender will be deemed to be unqualified. No alternative tender will be considered unless a tender free of qualifications and strictly on the basis of the tender documents is also submitted. If no departure or modification are desired, the schedule hereunder is to be marked “NIL”, and signed by the Tenderer. Page Clause or item

DATE …………………………………….. SIGNATURE ……………………………………..

5-6


F : SCHEDULE OF PROPOSED PERSONNEL

The Tenderer must state below the names of the personnel that will be employed on the contract would the Tenderer be awarded the contract.

PERSONNEL NUMBER

Specify the name and experience of the site agent …………………………………………………………………… …………………………………………………………………… …………………………………………………………………… Specify the name and experience of the contract manager …………………………………………………………………… …………………………………………………………………… …………………………………………………………………… …………………………………….. DATE …………………………………….. SIGNATURE ON BEHALF OF THE TENDERER

5-7


G : SCHEDULE OF PROPOSED SUB-CONTRACTORS

Tenderers shall set out in the schedule hereunder the details of any Sub-Contractor other than plant hire firms, they propose to use on the works.

Name of Proposed Sub-Contractor

Address of Registered Office

Nature of Work to be Undertaken

Approximate value Of Work

…………………………………….. DATE ………………………………………………………... SIGNATURE ON BEHALF ON THE TENDERER

H: CONSTRUCTION PROGRAMME The tenderer must supply a preliminary construction programme in the table below

TIME UNIT …

……………………………… WEEKS

DESCRIPTION

CAMP ESTABLISHMENT

CLEAR SITE

EXCAVATION FOOTINGS

CAST FOOTINGS

ERECT STRUCTURE

SEATING

ROOF

5-8

Contract No.: LM 26/2010

K: NOTICE TO TENDERERS

In submitting my/our tender, the tender sum has been based on the following notice(s) to tenderers.

Notice Number Subject matter of notice

……………………………………………. SIGNED ON BEHALF OF TENDERER

5-9


L : CIDB RATING

A certified copy of the Tenderers grading, or CIDB registration number must be submitted with this page.

M : PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2001

PURCHASES

This preference form must form part of all bids invited. It contains general information and serves as a claim form for Historically Disadvantaged Individual (HDI) preference points as well as a summary for preference points claimed for attainment of other specified goals. NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF EQUITY OWNERSHIP BY HISTORICALLY DISADVANTAGED INDIVIDUALS (HDI`S) AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2001

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 R500 000.00; and - the 90/10 system for requirements with a Rand value above R500 000.00.

1.2 The value of this bid is estimated to exceed/not exceed R500 000.00 and therefore the 90/10 system shall be applicable. 1.3 Preference points for this bid shall be awarded for:

(a) Price; and (b) Specific contract participation goals, as specified in the attached forms.

1.3.1 The points for this bid are allocated as follows:

POINTS

1.3.1.1 PRICE ………………90………… 1.3.1.3 SPECIFIC CONTRACT PARTICIPATION GOALS

(a) Historically Disadvantaged Individuals: (i) who had no franchise in national elections before

the 1983 and 1993 Constitutions ………………4……………… (ii) who is a female ………………2……………… (iii) who has a disability ………………1……………… (b) Other specific goals (goals for the RDP- plus local manufacture) (I) Local Offices ………………2……………… (ii) Utilization of local labour ………………1………………

Total points for Price, HDI`s and other RDP- goals must not exceed 100 Separate Preference Points Claim Forms will be used for the promotion of the specific goals for which points have been allocated in paragraph 1.3.1.2(b) above.

1.4 Failure on the part of a bidder to fill in and/or to sign this form may be interpreted to mean that preference points are not claimed. 1.5 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in

regard to preferences, in any manner required by the purchaser. 2. GENERAL DEFINITIONS

“Acceptable bid” means any bid which, in all respects, complies with the specifications and conditions of bid as set out in the document.

“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, works or services.

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

“Consortium or joint venture” means an association of persons for the purpose of combining their expertise, property, capital, efforts, skills and knowledge in an activity for the execution of a contract.

“Contract” means the agreement that results from the acceptance of a bid by an organ of state.

“Specific contract participation goals” means the goals stipulated in the Preferential Procurement Regulations 2001.

In addition to above-mentioned goals, the Regulations [12.1(1)] also make provision for organ of state to give particular consideration to procuring locally manufactured products.

“Control” means the possession and exercise of legal authority and power to manage the assets, goodwill and daily operations of a business and

the active and continuous exercise of appropriate managerial authority and power in determining the policies and directing the operations of the business.

“Disability” means, in respect of a person, a permanent impairment of a physical, intellectual, or sensory function, which results in restricted, or lack of, ability to perform an activity in the manner, or within the range, considered normal for a human being.

“Equity Ownership” means the percentage ownership and control, exercised by individuals within an enterprise.

“Historically Disadvantaged Individual (HDI)” means a South African citizen

(1) who, due to the apartheid policy that had been in place, had no franchise in national elections prior to the introduction of the Constitution

of the Republic of South Africa, 1983 (Act No 110 of 1983) or the Constitution of the Republic of South Africa, 1993, (Act No 200 of 1993) (“the interim Constitution); and/or

(2) who is a female; and/or (3) who has a disability:

provided that a person who obtained South African citizenship on or after the coming to effect of the Interim Constitution, is deemed not to be a HDI;

“Management” means an activity inclusive of control and performed on a daily basis, by any person who is a principal executive officer of the company, by whatever name that person may be designated, and whether of not that person is a director.

“Owned” means having all the customary elements of ownership, including the right of decision-making and sharing all the risks and profits commensurate with the degree of ownership interests as demonstrated by an examination of the substance, rather than the form of ownership arrangements.

“Person” includes reference to a juristic person.

“Rand value” means the total estimated value of a contract in Rand denomination that is calculated at the time of bid invitations and includes all applicable taxes and excise duties.

“Small, Medium and Micro Enterprises (SMME`s) bears the same meaning assigned to this expression in the National Small Business Act, 1996 (No 102 of 1996).

“Sub-contracting” means the primary contractor’s assigning or leasing or making out work to, or employing another person to support such primary contractor in the execution of part of a project in terms of the contract.

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

“Trustee” means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person. 3. ESTABLISHMENT OF HDI EQUITY OWNERSHIP IN AN ENTRPRISE

Equity ownership shall be equated to the percentage of an enterprise which is owned by individuals classified as HDI`s, or in the case of a company, the percentage shares that are owned by individuals classified as HDI`s, who are actively involved in the management and daily business operations of the enterprise and exercise control over the enterprise, commensurate with their degree of ownership.

Where individuals are not actively involved in the management and daily business operations and do not exercise control over the enterprise commensurate with their degree of ownership, equity ownership may not be claimed. 4. ADJUDICATION USING A POING SYSTEM

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

Preference points shall be calculated after prices have been brought to a comparative basis.

Points scored will be rounded off to 2 decimals places.

In the event of equal points scored, the bid will be awarded to the bidder scoring the highest number of points for specified goals.

5. POINTS AWARDED FOR PRICE

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

=

Ps

Ps-Pt-80X1Pt OR

=

Ps

Ps-Pt-90X1Pt

Where Ps = Points scored for price of bid under consideration Pt = Rand value of bid under consideration Pmin = Rand value of lowest acceptable bid

6. POINTS AWARDED FOR HISTORICALLY DISADVANTAGED INDIVIDUALS

In terms of Regulation 13 (3) preference points for HDI`s are calculated on their percentage shareholding in a business provided that they are actively involved in and exercise control over the enterprise. The following formula is prescribed in Regulation 13 (5) (c):

EP NEP = NOP x 100 Where NEP = Points awarded for equity ownership by an HDI NOP = The maximum number of points awarded for equity ownership by HDI in the specific category EP = The percentage of equity ownership by an HDI within the enterprise or business, determined in accordance with the

definition of HDI`s.

Equity claims for a trust will only be allowed in respect of those persons who are both trustees and beneficiaries and who are actively involved in the management of the trust.

Documentation to substantiate the validity of the credentials of the trustees contemplated above must be submitted.

Listed companies and tertiary institutions do not qualify for HDI preference points.

A consortium of joint venture may, based on the percentage of the contract value managed or executed by their HDI-members, be entitled to preference points in respect of an HDI.

A person awarded a contract as a result of preference for contracting with, or providing equity ownership to an HDI, may not subcontract more than 25% of the value of the contract to a person who is not an HDI or does not qualify for the same number or more preference for equity ownership. 7. BID DECLARATION

Bidders who claim points in respect of equity ownership must complete the Bid Declaration at the end of this form. 8. EQUITY OWNERSHIP CLAIMED IN TERMS OF PARAGRAPH 2.10 ABOVE. POINTS TO BE CALCULATED FROM INFORMATION

FURNISHED IN PARAGRAPH 9.8.

Ownership Percentage owned Points claimed 8.1 Equity ownership by persons who

had no franchise in the national elections % ……………………

8.2 Equity ownership by women % …………………… 8.3 Equity ownership by disabled persons % …………………… *If points are claimed for disabled persons, indicate nature of impairment (see paragraph 2.8 above) ……………………………………………………………………………………………………………………………... 9. DECLARATION WITH REGARD TO EQUITY 9.1 Name of firm ……………………………………………………………… 9.2 VAT registration number ……………………………………………………………… 9.3 Company registration number ……………………………………………………………… 9.4 TYPE OF FIRM

Partnership

One person business/sole trader

Close corporation

Company

(Pty) Limited

*Tick applicable box

9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES …………………………………………………………………………………………………………………………………………………………………………………

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

9.6 COMPANY CLASSIFICATION

Manufacturer

Supplier

Professional service provider

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

* Tick applicable box 9.7 MUNICIPAL INFORMATION

Municipality where business is situated: …………….……..…………………… Registered Account no.: …………………………………………

Stand No.: …………………………………………

9.8 TOTAL NUMBER OF YEARS THE FIRM HAS BEEN IN BUSINESS? ………………………………………… 9.9 List all Shareholders by Name, Position, Identity Number, Citizenship, HDI status and ownership, as relevant. Information to be used to

calculate the points claimed in paragraph 8.

Name

Date /Position occupied in Enterprise

ID Number

Date RSA Citizenship obtained

*HDI Status % of business /enterprise owned

No franchise prior to elections

Women Disabled

Name

Date /Position occupied in Enterprise

ID Number

Date RSA Citizenship obtained

*HDI Status % of business /enterprise owned

No franchise prior to elections

Women Disabled

*Indicate Yes or No 9.10 CONSORTIUM / JOINT VENTURE 9.10.1 In the event that preference points are claimed for HDI members by consortia / joint ventures, the following information must be furnished in

order to be entitled to the points claimed in respect of the HDI member:

Name of HDI member (to be consistent with paragraph 9.8) Percentage (%) of the contract value managed or executed by the HDI member

I / we, the undersigned, who warrants that he/she is duly authorized to do so on behalf of the firm certify that points claimed, bases on the equity ownership, indicated in paragraph 8 of the foregoing certificate, qualifies the form for the preference(s) shown and I / we acknowledge that:

(i) The information furnished is true and correct. (ii) In the event of a contract being awarded as a result of points claimed, the contractor may be required to furnish documentary

proof to the satisfaction of the purchaser that he claim is correct. (iii) If the claim is found to be incorrect, the purchaser may, in addition to any other remedy it may have- (a) recover all costs, losses or damage it has incurred or suffered as a result of wrong information furnished; and (b) 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.

WITNESSES:

1. ………………………………………………… …………………………………………

SIGNATURE (S) OF BIDDER (S)

2. ………………………………………………… …………………………………………

DATE

N : PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS

2001 UTILIZATION OF LOCAL LABOUR

NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES SPECIFIED IN CLAIM FORM MBD 6.1 AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2001

1. Langeberg Municipal Preferential Procurement Regulations makes provision for the promotion of utilization of local labor within the

Langeberg Municipal area.

2. SPECIFIC GOAL POINT ALLOCATED The promotion of utilization of local labour 1

3. BID DECLARATION

Bidders who wish to claim points in respect of this specific goal must complete paragraph 5 below:

4. POINTS CLAIMED Indicate whether the points allocated for this goal is claimed Yes / No

5. INFORMATION FURNISHED WITH REGARD TO THE UTILIZATION OF LOCAL LABOUR Indicate whether the point(s) allocated to this goal is (are) claimed Yes / No

5.2. Points must be claimed based on the following sliding scale:

Total % for utilizing of local labour Points allocated Points claimed

0% - 25% 0.250

26% - 50% 0.50

51% - 75% 0.75

76% - 100% 1.00

5.3 If required information supplied above must be substantiated by an external auditor’s certificate and the relevant documentation. 5.4 Total points claimed under par. 5.2 will not exceed the maximum of 1 points allocated for this goal. 6. BID DECLARATION

I / we, the undersigned, who warrants that he/she is duly authorized to do so on behalf of the enterprise certify that the enterprise is entitled to the points allocated in paragraph 2 of this form and I / we acknowledge that:

(i) The information furnished is true and correct.

(ii) In the event of a contract being awarded as a result of points claimed, the contractor may be required to furnish documentary

proof to the satisfaction of the purchaser that he claim is correct.

(iii) If the claim is found to be incorrect, the purchaser may, in addition to any other remedy it may have-

a) recover all costs, losses or damage it has incurred or suffered as a result of wrong information furnished; and

b) 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.

WITNESSES:

1. ………………………………………………… …………………………………………


2. ………………………………………………… …………………………………………

DATE

O : PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2001

PROMOTION OF ENTERPRISES LOCATED IN A SPECIFIC MUNICIPAL AREA

NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES SPECIFIED IN CLAIM FORM MBD 6.1 AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2001

2. Regulation 17(3) of the Preferential Procurement Regulations makes provision for the promotion of enterprises located in a specific

municipal area for work to be done or services to be rendered in that municipal area.

3. The promotion of this goal can be achieved by acquiring goods and services from enterprises located within the Langeberg Municipality. This includes an enterprise whose head office may be situated in elsewhere, but has established a fully-fledged branch within this municipal area. Enterprises located outside the borders of this Municipality and who only appoint agents and/or commission warehouses in this municipal area are expressly excluded from claiming points for this goal.

SPECIFIC GOAL POINT ALLOCATED The stimulation of the local economy by procuring from enterprises located within the borders of the Langeberg Municipality ……………2………………

4. Preference points may only be claimed by enterprises located within the Langeberg Municipality. (See paragraph 2 above).

5. BID DECLARATION

Bidders who wish to claim points in respect of this specific goal must complete the declaration part of this form.

6. POINTS CLAIMED

Bidder to indicate whether the point(s) allocated for enterprises situated within the Langeberg Municipality is/are claimed Yes / No

7. DECLARATION WITH REGARD TO LOCALITY

State full particulars of locality of enterprise as well as that of Head Office: Address of local enterprise: Physical: ………………………………… Postal: ……………………..………… ……………………………………………… ………………………………………… ………………………………………………. ………………………………………… Telephone: ……………………………………………… Fax: ………………………………….. Municipal Account No.: ……………………………………………… Stand No.: …………………………... Years in operation: ………………………………………………. Address of Head Office: Physical …………………………… Postal: ……………………................ ………………………………………. ………………………………………… ………………………………………. ………………………………………… Telephone: ……………………………………….. Fax: ………………………………….. Years in operation: ………………………………………………. I / we, the undersigned, who warrants that he/she is duly authorized to do so on behalf of the enterprise certify that the enterprise is entitled to the points allocated in paragraph 2 of this form and I / we acknowledge that: (iv) The information furnished is true and correct.

(v) In the event of a contract being awarded as a result of points claimed, the contractor may be required to furnish

documentary proof to the satisfaction of the purchaser that he claim is correct.

(vi) If the claim is found to be incorrect, the purchaser may, in addition to any other remedy it may have-

(c) recover all costs, losses or damage it has incurred or suffered as a result of wrong information furnished; and

(d) cancel the contract and claim any damages which it has suffered as a result of having to make less favorable arrangements

due to such cancellation.

WITNESSES:

1. ………………………………………………… …………………………………………


2. ………………………………………………… …………………………………………

DATE

P : LANGEBERG MUNICIPALITY

APPLICATION FOR LISTING AS PROVIDER OF GOODS AND SERVICES

This application must be completed and returned to The Municipal Manager Private Bag X2 Ashton 6715 NB: Please complete the form fully – use a black pen. Please print so that all information is legible. Forms that are not readable or incomplete will be rejected. Each page must be initialled.

PLEASE KEEP COPIES OF REGISTRATION FORM AND ALL DOCUMENTATION SUBMITTED FOR YOUR OWN RECORDS AS NO COPIES WILL BE MADE BY THE LANGEBERG MUNICIPALITY

Please note: All alteration are to be initialled by the applicant.

PROVIDERS INFORMATION

A. PERSONAL DETAILS 1. Name of

Business 2. Address:

Physical

Address: Postal

Code

Telephone

Fax Name of Contact Person:

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

E-mail address ……………………………………………………………. Cell Number …………………………………………………………..

Contact person: …………………………………………………………………...

B. TYPE OF BUSINESS

PLEASE CONSIDER THE ATTACHED COMMODITY LIST AT THE BACK BEFORE COMPLETING THIS SECTION

3. Sector (e.g.

Construction)

3.1 Nature of Business (e.g. Plumbing)

C. TYPE OF REGISTRATION OF BUSINESS 4. Registered as: PUBLIC COMPANY LTD

CERTIFIED COPY OF CERTIFICATE OF INCORPORATION (CM3)

PRIVATE COMPANY (PTY) LTD

CERTIFIED COPY OF CERTIFICATE OF INCORPORATION (CM3)

CLOSE CORPORATION CC

CERTIFIED COPY OF CK 1 DOCUMENT IF APPLICABLE.

SOLE PROPRIETOR

COPY OF REGIONAL COUNCIL REGISTRATION DOCUMENT

PARTNERSHIP

COPY OF REGIONAL COUNCIL REGISTRATION DOCUMENT

BUSINESS TRUST

CERTIFIED COPY OF REGISTRATION DOCUMENT

OTHER (If Joint Venture)

CERTIFIED COPY OF REGISTRATION DOCUMENT

D. IMPORTANT NUMBERS – PLEASE COMPLETE

5.1 Registration no

5.2 VAT Registration no (Attach Certified Copy)

5.3 Income Tax no (Attach valid certificate)

5.4 Rates & Services Account no (Attach copy of account)

E. BANK DETAILS Financial Details

(Banking)* Banking Institution Name

Branch code

Town/City

Banking Account Number

Account Type

Account holder’s Name NB: DOCUMENTARY PROOF OF BANKING INSTITUTION MUST BE ATTACHED (Cancelled Cheque / Bank

Statement)

F. ANNUAL SALES / TURNOVER

6. Annual Sales/Turnover (Previous Financial Year) Year: 200… Amount: R………………………

G. CONTRACTS WITH COUNCIL 7. Current Contracts with Council Contract No

Duration

Approximate Value Dates Contracts Were Signed

Payment Terms 8. Previous Contracts with Council (Last Financial Year Only)

Contract No

Approximate Value

H. AUDITORS / ACCOUNTING OFFICERS 9. Name & Address of Auditors/Accounting Officers

Names Address

I. LOCAL LABOUR 10. Percentage of labour cost payable to local labour: %

J. PROFESSIONALS WITH QUALIFICATIONS ATTACHED TO CONCERN 11.0 Professionals with qualifications attached to the concern (Name & Qualification) Initials Surname Qualifications

K. SHAREHOLDERS WHO ARE ACTIVELY INVOLVED IN DAILY OPERATION OF THE BUSINESS

12. Complete the following for the shareholders who are actively involved in the management and daily business operation

of the business *DEFINITION OF A PDI (Previous Disadvantaged Individuals) IS A PERSON WHO PRIOR TO 1994 ELECTIONS WAS DISENFRANCHISED (African, Coloured of Indian) FEMALES OF ALL RACES AND ALL DISABLED PERSONS. Explanation of abbreviations used in the following tables:

Capacity PDI / HDI Status

Director D PDI H

Partner P Woman W

Member M Disabled D

Proprietor R

Other O

NB: CERTIFIED COPY OF SHAREHOLDER CERTIFICATES OR PROOF OF OWNERSHIP MUST BE SUPPLIED Multiple copies of this page may be submitted if required.

13. Total shareholding by PDI’s …………………. % NAME ALL SHAREHOLDERS INDICATING % SHARE , CAPACITY, GENDER AND PDI / HDI STATUS 1. First

Name

Surname

Identification number

Percentage Share

%

D P M R O M F

Proof of disability provided by a recognized institution in the case of handicapped persons must be attached.

Capacity Gender 2. First

Name

Surname


Percentage Share Capacity Gender 3. First

Name

Surname


Percentage Share Capacity Gender 4. First

Name Surnam

e


Percentage Share Capacity Gender

L. DECLARATION OF “IN THE SERVICE OF THE STATE” 14. If a spouse, child or parent of the owner, director, manager, shareholder or stakeholder of the entity is in the service of

the state, or has been in the service of the state in the previous twelve months, the following information must be completed: (Please indicate if not applicable)

The name of the person in the employment of the state

The capacity in which that person is in service of the state

The relationship to the owner, director, manager, shareholder or stakeholder of the entity Spouse Child Parent Owner Director Manager Shareholder Stakeholder

PDI Status

H W D

%

D P M R O M F PDI Status

H W D

%


H W D

%


H W D

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

(a) a member of –

(i) any municipal council;

(ii) any provincial legislature; or

(iii) the National Assembly or the National Council of Provinces;

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

(c) an official of any municipality or municipal entity;

(d) an employee of any national or provincial department, national or provincial public entity or constitutional

institution within the meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999);

(e) a member of the accounting authority of any national or provincial public entity; or

(f) an employee of Parliament or a provincial legislature.

M. CHECKLIST FOR DOCUMENTS TO BE ATTACHED

DOCUMENT ATTACHED (Mark with X)

REGISTRATION DOCUMENT (AS IN PAR 4)

YES NO

COPY OF VAT CERTIFICATE

YES NO

COPY OF INCOME TAX CLEARANCE CERTIFICATE

YES NO

CANCELLED CHEQUE / BANK STATEMENT

YES NO

CERTIFIED COPY OF SHAREHOLDER CERTIFICATES OR PROOF OF OWNERSHIP

YES NO

COPY OF ID DOCUMENT OF OWNER/S OF BUSINESS

YES NO

COPY OF RATES & SERVICES ACCOUNT

YES NO

15. CERTIFICATION OF CORRECTNESS OF INFORMATION SUPPLIED IN THIS DOCUMENT* I/We the undersigned is/are duly authorised to do so on behalf of the firm certify that:

1. The information supplied is correct.

2. All copies of relevant information are attached.

3. The PDI points claimed are correct and based on owners/shareholders who are actively involved in the day to day

management of the enterprise

4. I take note that payment will be effected 30 days after delivery was affected if delivered with an original invoice.

5. If I am classified as a dependant service provider/labour broker as stated in the fourth schedule of the Income Tax

act I hereby authorise the CTMM to deduct PAYE and supply me with a yearly IRP 30 (only if no valid Labour

Broker Certificate can be supplied).

6. None of the owners, directors, managers, shareholders or stakeholders of this entity is in the service of the state,

or has been in the service of the state in the previous twelve months.

____________________________________

__________________________________________

Signature of authorised person Date

Personal information in block letters

Signed and sworn to before me at ……………………………………………. on this the ………………….. day of

…………………………………………….

By the Deponent, who has acknowledged that he/she knows and understands the contents of this Affidavit, that it is true and

correct to the best of his/her knowledge and that he/she has no objection to taking the prescribed oath, and that the

prescribed oath will be binding on his/her conscience.

_________________________________________

Commissioner of Oaths

Name

Surname

Telephone

No

Capacity

ON BEHALF OF THE (SUPPLIER’S

NAME)

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring

that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system.

3 The bid of any bidder may be rejected if that bidder, or any of its directors have:

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

committed any improper conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. willfully neglected, reneged on or failed to comply with any government, municipal or

other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of section 29 of the

Prevention and Combating of Corrupt Activities Act (No 12 of 2004).

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

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s database as 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

4.1.1 If so, furnish particulars:

4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? (To access this Register enter the National Treasury’s website, www.treasury.gov.za, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445).

Yes

No


4.3 Was the bidder 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

4.3.1

If so, furnish particulars:

Item Question Yes No 4.4 Does the bidder or any of its directors owe any municipal rates and taxes or

municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months?

Yes

No


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

Yes

No


CERTIFICATION

I, THE UNDERSIGNED (FULL NAME) …………..……………………………..……

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

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY

BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………... ………………………….. Signature Date ………………………………………. ………………………….. Position Name of Bidder

CODE SELECT COMMODITY PLEASE MARK WITH A “X” INDICATING THE GOODS OR

SERVICES RENDERED.

00100: CONSTRUCTION EQUIPMENT AND SUPPLIES

00101: Air conditioning and temperature control equipment

00102: Building equipment and accessories (cement mixers, scaffolding, trowels, levels, etc)

00103: Building materials (bricks, cement, sand, plastic, stone, steel, tiles, etc)

00104: Ceiling boards, skirtings, etc

00105: Construction machinery

00106: Doors and windows

00107: Electrical systems, lighting, components accessories and supplies

00108: Flooring materials (carpets, tiles, etc)

00109: Plumbing ware and materials

00110: Roofing materials

00111: Sanitation ware and equipment

00200: CONSTRUCTION SERVICES

00201: Burglar proofing and systems

00202: Concrete manufacturing and works

00203: Construction-related transport

00204: Demolition services

00205: Earthworks, drilling and landscaping

00206: Electrical installation

00207: Fencing

00208: General building work

00209: Glazing

00210: Mechanical contracts

00211: Metalwork

00212: Painting

00213: Paving

00214: Plumbing

00215: Pre-cast concrete manufacture

00216: Pump installation

00217: Road works

00218: Sewerage systems and construction

00219: Water works and pipelines

00300: ELECTRICAL AND MECHANICAL EQUIPMENT, SERVICES AND SUPPLIES

00301: Bearing supplies

00302: Bolts, nuts and fasteners

00303: Electrical cables

00304: Electrical component supplies

00305: Electrical equipment repairs

00306: Hardware supplies

00307: Lifting equipment

00308: Mechanical seals and packing

00309: Pipe and irrigation supplies

00310: Power generation and distribution machinery and accessories

00311: Pump spares

00312: Small tools

00313: Transformer services

00314: Valves, couplings

00315: Water meters, pipes, fittings, galvanised PVC, PVC, polyethylene, etc

00400: GENERAL SERVICES

00401: Accommodation and lodging

00402: Advertising, communication, design, editorial, publication and marketing services

00403: Auctioneering services

00404: Bookkeeping and accounting services

00405: Catering and refreshments

00406: Cleaning services

00407: Conferencing facilities and facilitation

00408: Contract administration

00409: Courier services

00410: Education and training

00411: Environmental impact studies

00412: Freight forwarding and cleaning services

00413: General maintenance services

00414: Health care

00415: Horticulture

00416: Infrastructural maintenance

00417: Inspection services

00418: Insurance

00419: IT, broadcasting and telecommunication services

00420: Interior decorating, refurbishment and upholstery

00421: Land valuation services

00422: Laundry and dry-cleaning services

00423: Locksmith services

00424: Mailing services

00425: Management services

00426: Miscellaneous equipment and goods hiring

00427: Personnel services

00428: Pest control and removal services

00429: Photographic and graphic design services

00430: Picture framing

00431: Printing

00432: Procurement services

00433: Real estate services

00434: Research services

00435: Security and safety services

00436: Site cleaning

00437: Social Facilitating

00438: Storage

00439: Translation and interpreting services

00440: Transport services, general

00441: Travel services

00442: Vehicle hire

00443: Vending services

00500: OFFICE AND FACILITIES EQUIPMENT AND SUPPLIES

00501: Computer equipment, networks and software

00502: Consumables

00503: Corporate gifts

00504: Domestic, industrial and cleaning equipment and supplies

00505: Electronic equipment, including audio-visual equipment

00506: Fire protection equipment

00507: Flowers and plants

00508: Food and refreshments

00509: Household furniture, appliances and goods

00510: Office furniture and equipment

00511: Office supplies and stationery

00512: Printing, copying and photographic equipment and supplies

00600: MISCELLANEOUS GOODS AND SUPPLIES

00601: Environmental cleansing equipment, goods and supplies

00602: Fire protection equipment, goods and supplies

00603: Garden tools

00604: Material and warehousing machinery, equipment and goods

00605: Measuring, testing and observation equipment

00606: Protective clothing and uniforms

00607: Security equipment, goods and services

00608: Sports and recreational equipment and goods

00700: PROFESSIONAL SERVICES

00701: Accounting, auditing and management services

00702: Architectural services

00703: Consulting engineering- Electrical

00704: Consulting engineering- Environmental

00705: Consulting engineering- Other

00706: Consulting engineering- Project Management

00707: Consulting engineering- Roads and Storm water

00708: Consulting engineering- Sewerage systems

00709: Consulting engineering- Structures, Buildings, Bridges, etc

00710: Consulting engineering- Water systems

00711: Consulting engineering- Geo- technical

00712: Consulting engineering- Solid waste

00713: Engineering services

00714: Financial services

00715: Land surveying

00716: Legal services-contracts

00717: Legal services-conveyancing

00718: Legal services-litigation

00719: Legal services-other

00720: Consulting engineering- Mechanical

00721: Medical services

00722: Project management

00723: Quantity surveying

00724: Town and regional planning

00800: VEHICLE SUPPLY AND TRANSPORTATION SERVICES

00801: Alarm and tracking systems

00802: Batteries

00803: Engine overhauls

00804: Fuel, oils and lubrications

00805: Hydraulics

00806: Panel beating

00807: Radiator repairs

00808: Spares and parts

00809: Towing services

00810: Transmissions

00811: Tyres and tubes

00812: Upholstery

00813: Vehicle fleet management

00814: Vehicle supply

00815: Windscreens

CERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid:

________________________________________________________________________ (Bid Number and Description)

in response to the invitation for the bid made by: __________________________________________________________________________ Name of Municipality / Municipal Entity)

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

I certify, on behalf of:_______________________________________________________that: (Name of Bidder) 1. I have read and I understand the contents of this Certificate; 2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect; 3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder; 4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of, and to sign, the bid, on behalf of the bidder; 5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who: (a) has been requested to submit a bid in response to this bid invitation; (b) could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and (c) provides the same goods and services as the bidder and/or is in the same line of business as the bidder 6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium³ will not be construed as collusive bidding. 7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: (a) prices; (b) geographical area where product or service will be rendered (market allocation) (c) methods, factors or formulas used to calculate prices; (d) the intention or decision to submit or not to submit, a bid; (e) the submission of a bid which does not meet the specifications and conditions of the bid; or (f) bidding with the intention not to win the bid. 8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates. 9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract. ³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No. 89 of 1998

and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No. 12 of 2004 or any other applicable legislation. ………………………………………………… ………………………………… Signature Date …………………………………………………. ………………………………… Position Name of Bidder


TENDER SCHEDULES

LM 26/2010

BUILDING PAVILION ZOLANI ASHTON

TENDER SCHEDULE

Lump Sum price for the supply of material and erection of Steel Structure for pavilion. 1. Work as per tender document, drawings and bill of quantities R……………………… Site supervision (PC Amount) R 20 000.00

Sub Total R………………………. 10% Contingencies R……………………… Sub Total R……………………… 14% VAT R……………………… Total Carried to form of Offer R……………………… Total to be carried to form of tender must be accumulative 2. Construction period ……………………………….. Weeks/Months Name of Tenderer: ………………..................... Signature: …………………………… Date: ……………………….

APPENDIX TO TENDER

Contract no: LM 26/2010 Note: Clause numbers refer to the General Conditions of Contract Validity period of tender - 89 days from closing date for submission of tenders Address of Employer 1(2)(b) See tender form

Address and telephone number of Engineer1(2)(b) Mr M Johnson Langeberg Municipality Private Bag X 2 Ashton 6715 Address and telephone number of Contractor 1(2)(lb) See tender offer Time within which agreement is to be signed 5 Within 14 days after the date the Letter of Acceptance is received. Amount of suretyship 10 0% of tender sum Time within which surety to be 10 Within 14 days after the date Provided the Letter of Acceptance is received. Duration of suretyship 10 Until issue of Certificate of completion. Time within which works to be commenced 12(1) Within 28 days Commencement Date Programme to be furnished within 15(2) Within 14 days after the date the Letter of Acceptance is

received. Special Risk Insurance 38(1)(b) Required Insurance to be arranged by 38(1)(b) Contractor Minimum amount for Third Party Insurance 38(1)(c) R5 000 000 for a single claim – the number of claims are

unlimited during construction and defects liability period Day works 40(4)(b) See Schedule of Quantities Special non-working days 41 The period 16 December to 5 January inclusive, plus

Mondays to Saturdays outside normal working hours, Sundays, and all statutory public holidays.

Time for completion of works 45(1) See project specification for periods, inclusive of the special

non-working days, but exclusively of the period 16 December to 5 January inclusive.

Percentage advance on material not 52(1)(e) 80% yet build into the permanent works Percentage Retention 52(3) 5% of the value of completed work Limit of retention money 52(3) 5% of tender sum Retention money guarantee 52(6) permitted Time within which payment to be made after certificate 52(4) 30 days after the Engineer receives the Contractors

certificate Delivery of Contractors final statement 52(9) Within 14 days after certified completion of Works Defects Liability Period 56(1) 6 calendar months Settlement of disputes 61(3) by Arbitration 61(4) ……………………………………………. SIGNED ON BEHALF OF TENDERER ……………………………………………. DATE


PART 8: DEED OF AGREEMENT

FORM OF OFFER AND ACCEPTANCE

Tender No. 26/2010 Short Description of Works: Building of PAVILION ZOLANI ASHTON To: Langeberg Municipality Gentlemen, Having examined the General and the Special Conditions of Contract, Specifications, Drawings and Schedule of Quantities for the construction of the above named Works, I/We offer to construct, complete, and remedy any defects in the said Works in conformity with the General and Special Conditions of Contract, Specifications, Drawings and Schedule of Quantities, save as amended by the Alterations by Tenderer (if any), for the sum of R………………………………………………………………………………………………………………………………………………………………………………………………………………………………… (in words) inclusive of VAT @ 14% or such sum other as may be ascertained in accordance with the terms of the Contract In the event of there being any errors of extension or addition in the priced Schedule of Quantities, I/We agree to their being corrected by you or by the Engineer acting on your behalf, the rates being taken as correct. I/We undertake to complete and deliver the whole of the Works comprised in the Contract within the time stated in the Appendix adjusted in terms of the Contract. If my/our tender is accepted, I/we will, when required and within the time stipulated, provide a guarantee of an Insurance Company or a Bank * (to be approved by you) to be jointly and severally bound with me/us for the amount stated in the Appendix for the due performance of the Contract under the terms of a Institutional Guarantee in the form annexed hereto. The Guarantor I/we propose is ……………………………………………………………………………………………………… of ……………………………………………………………………………………………………………………………………….. Unless and until a formal Agreement is prepared and executed, this tender, together with the written acceptance thereof by yourselves or the Engineer acting on your behalf, shall constitute a binding Contract between us. **A bank certified cheque in your favour for the sum of R……………………………………………………. and valid until the end of the period of validity of tenders is submitted herewith, which it is hereby agreed shall be forfeited as a penalty in the event of this tender being withdrawn or in the event of the undersigned failing to take up the Contract or to provide an approved Surety when called upon to do so. I/We understand that you are not bound to accept the lowest or any tender you may receive. Yours faithfully Signature ……………………………………………………… Duly authorised …………………………………………. to sign on behalf of Date ………………………………………………………. Contractor ………………………………………….. Address …………………………………………… . ………………………………………….. ……………………………………………. ……………………………………………. Telephone No. ………………………………………………. * Tenderer to delete whichever is not applicable

AGREEMENT

CONTRACT NO. LM 26/2010 THIS AGREEMENT made between …………………………………………………………………….. of LANGEBERG MUNICIPALITY …………………………………………………………… (hereinafter referred to as “the Employer”) of the one part and] …………………………………………………………… of …………………………………………………………… (hereinafter referred to as “the Contractor”) of the other part WHEREAS the Employer is desirous that certain Works would be constructed, under Contract No.: LM44/2009 and has accepted a Tender by the Contractor for the construction, completion and defects correcting of such Works. NOW THIS AGREEMENT WITNESSES that: 1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the

General Conditions of Contract hereinafter referred to. 2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz: a) Contract of Agreement b) Tender form and Appendix c) Special Conditions of Contract d) Project Specifications e) General Conditions of Contract f) Standard Specifications (SANS 1200) and Particular Specifications g) Drawings h) Tender Schedule i) Statutory Regulations and Requirements j) Standard SANS Specifications (not SANS 1200) k) The Letter of Acceptance l) Other (stipulate) …………………………. …………………………. …………………………. 3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned the

Contractor undertakes to the Employer to construct, complete and remedy any defects in the Works in conformity in all respects with the provision of the Contract.

4. The Employer hereby undertakes to pay to the Contractor in consideration of the construction, completion and

defects of the Works the Contract Price at the times and in the manner prescribed by the Contract.

Signed in the presence of the subscribing Witnesses: At ………………………………………………………….. for and on behalf of the Employer on this …………………………………………………….. day of ……………………. 20 ………. . ……………………………………………………...……… SIGNATURE As witnesses: 1. ……………………………………………………… 2. ……………………………………………………… At ………………………………………………………….. for and on behalf of the Contractor on this …………………………………………………….. day of ……………………. 20 ………. . ……………………………………………………...……… SIGNATURE As witnesses: 1. ……………………………………………………… 2. ……………………………………………………… *Delete if not applicable NOTE: The Agreement form must carry a Revenue Stamp

COMPULSORY ENTERPRISE QUESTIONNAIRE DECLARATION OF GOOD STANDING REGARDING TAX 1. Name of tax payer / tenderer 2. Trade Name 3. Identification number (if applicable)

4. Company / Close Corporation registration number

5. Income tax reference number

6. VAT registration number (if applicable)

7. PAYE employer’s registration number (if applicable)

DECLARATION TO BE MADE BY TENDERER I, …………………………………………………………………………………………………………………………………………… the undersigned, the above taxpayer/tenderer, hereby declare that my income Tax, Pay-As-You-Earn (PAYE) and Value-Added-Tax (VAT) obligations of the above-mentioned taxpayer, which include the rendition of returns and payment of the relevant taxes:

(i) have been satisfied in terms of the relevant Acts, or (ii) that suitable arrangements have been made with the Receiver of Revenue,

to satisfy them.*

……………………………………… …………………………………………… …………………… SIGNATURE CAPACITY DATE PLEASE NOTE:* The declaration (ii) cannot be made unless formal written arrangements have been made with the Receiver of Revenue with regard to any outstanding revenue / tax returns.

Documentary evidence in the form of a valid Tax Clearance Certificate from the South African Revenue Services (SARS) shall accompany this form.

DECLARATION IN TERMS OF THE MUNICIPAL FINANCE MANAGEMENT ACT (No 56 of 2003) NAME OF ENTERPRISE / TENDERER*: ……………………………………………………………………………………… I the undersigned, who warrants that he/she is duly authorized to do so on behalf of the abovementioned enterprise / tenderer, do hereby declare that, to the best of my knowledge, neither the enterprise nor any of its directors, members or partners have: a) failed to pay municipal rates and taxes or municipal service charges and such rates, taxes and charges are in arrears for more than

three months; b) failed, during the last five years, to perform satisfactorily on a previous contract with the municipality or any other organ of state after

written notice was given to that tenderer that performance was unsatisfactory; c) abused the supply chain management system of the municipality or has committed any improper conduct in relation to this system; d) been convicted of fraud or corruption during the past five years; e) willfully neglected, renaged on or failed to comply with any government, municipal or other public sector contract during the past five

years; or f) been listed with the Register of Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No

12 of 2004) or has been listed on National Treasury’s database as a person or juristic entity prohibited from doing business with the public sector.

I acknowledge that any misrepresentation in respect of this declaration may be regarded as reason to cancel any contract arising out of this tender. SIGNED ON BEHALF OF ENTERPRISE / TENDER: …………………………………………………………………… DATE: ………………………………………………… *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

SERVICES PROVIDED TO ORGANS OF STATE The tenderer shall indicate on the schedule below particulars of all 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),

SERVICES PROVIDED TO ORGANS OF STATE

TITLE OF PROJECT

VALUE OF

CONTRACT

EMPLOYER

DATE COMPLETED

SIMILAR SERVICE

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

AUTHORIZATION FOR DEDUTION 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, hereby authorize the Langeberg Municipality to deduct the full amount outstanding by the business organization / Director, shareholder, partner, etc from any payment due to us / me. Signed at …………………………………………… Date …….. Month ………………………….20….. Print Name ………………………………………… Signature … ………………………………………..

A valid copy of the tenderers latest municipal account must accompany this document.