human settlements department briefing session …...proof of financial ability (amount to be...

HUMAN SETTLEMENTS DEPARTMENT

BRIEFING SESSION MINUTES

CONTRACT PS HS-14-2019: APPOINTMENT OF PROFESSIONAL MULTI

DISCIPLINARY SERVICE PROVIDERS FOR DETAIL DESIGN PHASE, TENDER DOCUMENT PREPARATION FOR THE CONSTRUCTION PHASE AND

CONSTRUCTION SUPERVISION AND MONITORING FOR HUMAN SETTLEMENTS DEVELOPMENT PROJECTS, ON AS AND WHEN REQUIRED

BASIS, FROM 01 JULY 2019 UNTIL 30 JUNE 2022

MINUTES OF BRIEFING SESSION HELD ON THE 23rd JANUARY 2019 AT 10:00 AT BENONI LIBRARY AUDITORIUM, CORNER ELSTON AND TOM JONES STREET, BENONI

1. ATTENDANCE The meeting commenced at 10H00. 404 Companies were represented.

2.WELCOMING Pontsho Menu, the chairperson welcomed all present at the meeting. Attendance register was circulated for all to fill-in their company details and signatures

3.PURPOSE OF BRIEFING The purpose of the compulsory Briefing Session was:

3.1. To highlight important bid requirements 3.2. To provide clarity on issues in the tender document that might not be clear to the

prospective bidders 3.3. To address questions from the prospective bidders

4.ITEMS HIGHLIGHTED IN THE BID DOCUMENT

4.1. Notice to Bidders (Pages 2-4) Special attention was drawn to the “Notice to Bidders” regarding the reasons that a BID WILL BE REJECTED. It was highlighted that it is up to the bidder to ensure compliance with all listed items and that all required documents are visible and clearly labelled.

4.2. Very Important Notice Bidders must note that only information filled in at the spaces provided therefore in the bid document will be considered for evaluation purposes unless additional space is required and then only if the location of the additional information in the attachments is properly referred to by page number and section heading. Documents specifically requested elsewhere in the bid document must also be attached. The attachment or inclusion of information not specifically asked for is not desirable and lead to delays in the awarding of bids. This includes Company Profiles and CV’s if not specifically requested

NOTE:

4.3. POSSIBLE AMENDMENTS/ ADDENDUMS MAY BE ADVERTISED ON THE EMM WEBSITE. IT REMAINS THE RESPONSIBILITY OF THE BIDDER TO CHECK THE EMM WEBSITE DAILY AND TO RAISE ANY ENQUIRIES REGARDING THE BID TO THE RELEVANT CONTACT PERSON BEFORE THE CLOSING DATE. NO COMMUNICATION WILL BE ALLOWED AFTER THE CLOSING OF THE BID.

5. BID INFORMATION PRE-QUALIFICATION CRITERIA In terms of section 5 of the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000), Preferential Procurement Regulations, 2017 - the following is applicable: Pre-qualifying criteria (Section 4. (1)) to advance certain designated groups, that only the following tenderers may respond-

(a) Companies with minimum of B-BBEE status level (01) one contributor.

NB! A tender that fails to meet the pre-qualifying criteria stipulated in the tender document will not be considered for further evaluation and will therefore be rejected. NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID. NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE. Acceptable bids will be evaluated by using a system that awards points on the basis of 90 points for bid price and a maximum of 10 points for the Broad-Based Black Economic Empowerment (B-BBEE) status level of contributor 5.1 . Bids are to: 5.1.1.. Be completed in accordance with the conditions and bid rules contained in the bid documents and supporting documents must be sealed 5.1.2. Externally endorsed with:

CONTRACT NUMBER: PS HS – 14 – 2019 DESCRIPTION: APPOINTMENT OF PROFESSIONAL MULTI DISCIPLINARY SERVICE

PROVIDERS FOR DETAIL DESIGN PHASE, TENDER DOCUMENT PREPARATION FOR

THE CONSTRUCTION PHASE AND CONSTRUCTION SUPERVISION AND MONITORING FOR HUMAN SETTLEMENTS DEVELOPMENT PROJECTS, ON AS AND WHEN REQUIRED BASIS, FROM 01 JULY 2019 UNTIL 30 JUNE 2022

Placed bid box number: TEN (10), on the Ground Floor, 68 Woburn Avenue, Benoni, Closing date and time: 10:00am on WEDNESDAY 13 FEBRUARY 2019. Bids will be opened immediately thereafter, in public, in the Conference Room, Ground Floor,

at above-mentioned address. All bids shall hold good for 120 days as from the closing date of bids.

5.1.3. Bids which are not received and/or deposited in the specified bid box before 10:00 on the closing date for the bid mentioned hereinbefore, will be marked as late bids and such bids shall in terms of the SCM Policy of the Ekurhuleni Metropolitan Municipality, not be considered by the Council as valid bids. 5.1.4. Enquiries must be directed to Pontsho Menu at e-mail address [email protected]. 5.1.5. Bidders attention is specifically drawn to the provisions of the bid rules which are included in the bid documents. The lowest or any bid will not necessarily be accepted and the Council reserves the right not to consider any bid not suitably endorsed or comprehensively completed, as well as the right to accept a bid in whole or part. Bids completed in pencil will be regarded as invalid bids. Bids may only be submitted on the documentation provided by the EMM. 5.1.6. Telefax or emailed bids are ARE NOT ACCEPTABLE

6. THE BID PART T1 Bidding Procedures

T1.1 Bid Notice, Invitation to Bid and MBD 1 Form Bidders to ensure that they complete and sign the following documents: 1. Invitation to Bid (Page10) 2. Terms and Conditions for Bidding (Page 11) T1.2 Bid Data

PART T2 Returnable Documents (All documents / schedules are returnable) T2.1 List of Returnable Documents

T2.2 Other Documents Required for Bid Evaluation Purposes

The following documents must be completed and signed (where applicable) and submitted as a complete set.

Document Colour of pages Number Heading

T1.1 Bid Notice and Invitation to Bid White

T1.2 Bid Data Pink

T2.1 List of Returnable Documents Yellow

T2.2 Other Documents Required For Bid Evaluation Purposes Yellow

C 1 Other Documents/schedules that will be Incorporated in the Contract Yellow

C1.1 Form of Offer and Acceptance Yellow

C1.2 Contract Data Yellow

C2.1 Pricing Instructions Yellow

C2.2 Activity Schedule Yellow

C3 Scope of Work Blue

C4 Site Information White

mailto:%[email protected]

7. T1.2 BID DATA (Pages 12 – 19)

Clause number

F.1.1 ACTIONS

The Client is: The City Manager City of Ekurhuleni (CoE) Private Bag 1069 Germiston 1400

F.1.2 TENDER

DOCUMENTS

The Bid documents issued by the Client comprise: Part T1-Tendering procedures T1.1 Bid notice and invitation to Bid T1.2 Bid data Part T2- Returnable documents T2.1 List of returnable documents T2.2 Bid Schedules (Included in T2.1) Part C1: Agreements and contract data C1.1 Form of offer and acceptance C1.2 Contract data Part C2: Pricing data C2.1 Pricing instructions C2.2 Activity Schedules Part C3: Scope of work C3 Scope of work Part C4: Site Information C4 Site Information

F.1.4 COMMUNICATION AND EMPLOYERS

AGENT

The Client’s representative is: Name: Ms. Pontsho Menu Human Settlements Department City of Ekurhuleni

Address: Corporate Office 29 Lakeview Crescent Benoni 1501

F.1.5 The lowest or any bid will not necessarily be accepted.

F.2.1 ELIGIBILITY

PRE-QUALIFICATION CRITERIA In terms of section 5 of the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000), Preferential Procurement Regulations, 2017 - the following is applicable: Pre-qualifying criteria (Section 4. (1)) to advance certain designated groups, that only the following tenderers may respond-

(a) Companies with minimum of B-BBEE status level (01) one contributor.

NB! A tender that fails to meet the pre-qualifying criteria stipulated in the tender document will not be considered for further evaluation and will therefore be rejected.

GENERAL CRITERIA The mandatory tender evaluation will be based on the following methodology. All bidders scoring a zero in any of the aspects below or a total score of less than an 8 out of possible 10 points will be disqualified.

Evaluation aspect 2 Points minimum requirement

1 Point minimum requirement

0 Points score

Plant and equipment (owned or leased)

Office space – more than 100 m2

Office space – between 60 m2 to 100 m2

Do not meet minimum requirement of 1

Financial Ability (Ability to Deliver) – previous annual turnover or any proof of financial ability (amount to be reflected)

More than R 400 000 From R100 000 up to R400 000

Less than R100 000

Size of Enterprise (Ability to Deliver) – previous annual turnover or any proof of financial ability (amount to be reflected)

More than R 400 000 From R100 000 up to R400 000

Less than R100 000

Staffing profile NB. Combined years of experience for all personnel: More than 35 years - 2 Points 35 Years – 1 Points Less than 35 years – 0 Points

x2 Professional Engineers or Technologists with:

Civil Engineering Qualification (B Degree or B Tech)

Professional Registration with Engineering Council of South Africa (ECSA)

More than 5 years’ experience in Water and Sanitation Network Systems; and Roads and Storm-water Designs

And x2 Site Engineer or Technologists with:


More than 5

x2 Professional Engineers or Technologists with:


Professional Registration with Engineering Council of South Africa (ECSA)

5 Years’ experience in Water and Sanitation Network Systems; and Roads and Storm-water Designs,

And x2 Site Engineers or Technologists with:


5 Years’


years’ experience in Supervision and Administration of Construction and Installation of Water and Sanitation Network Systems; and Roads and Storm-water Infrastructure projects

And x1 Professional Programme / Project Manager with:

Civil Engineering or Project Management Qualification (B Degree or B Tech)

Professional Registration with South African Council for the Project and Construction Management Professions (SACPCMP)

More than 5 years’ experience in Management and Administration of Water and Sewer Reticulation Network Systems; and Roads and Storm-water Infrastructure projects

And x1 Professional Occupational

experience in Supervision and Administration of Construction and Installation of Water and Sanitation Network Systems; and Roads and Storm-water Infrastructure projects

And x1 Professional Programme / Project Manager with:

Civil Engineering or Project Management Qualification (B Degree or B Tech)


5 Years’ experience in Management and Administration of Water and Sewer Reticulation Network Systems; and Roads and Storm-water Infrastructure projects

And x1 Professional Occupational

Health and Safety Officer with:

Occupational Health and Safety Qualification (B Degree or B Tech)


More than 5 years’ experience in Occupational Health and Safety within construction industry

And x1 Professional Environmental Management Officer with:

Environmental Management Qualification (B Degree or B Tech)

Professional Registration with Southern Africa Institute of Ecologists and Environmental Scientists (SAIEES) or South African Council of Natural Scientific Professions (SACNASP)

More than 5 years’ experience in Environmental Management within construction

Health and Safety Officer with:

Occupational Health and Safety Qualification (B Degree or B Tech)


5 Years’ experience in Occupational Health and Safety within construction industry

And x1 Professional Environmental Management Officer with:

Environmental Management Qualification (B Degree or B Tech)

Professional Registration with Southern Africa Institute of Ecologists and Environmental Scientists (SAIEES) or South African Council of Natural Scientific Professions (SACNASP)

5 Years’ experience in Environmental Management within construction industry

industry

Relevant previous Company Experience (Completed Projects)

List of more than 3 successfully completed projects, in Construction and Installation of Water and Sewer Reticulation Network Systems; and Roads and Storm-water, in the past 5 years

And

More than 3 copies Design Approval Letters or Completion Certificates of completed projects, in Construction of Water and Sewer Reticulation; and Roads and Storm-water, in the past 5 years.

List of 3 successfully completed projects, in Construction and Installation of Water and Sewer Reticulation Network Systems; and Roads and Storm-water, in the past 5 years

And

3 Copies of Design Approval Letters or Completion Certificates of completed projects, in Construction of Water and Sewer Reticulation; and Roads and Storm-water, in the past 5 years.


Please note:

Accepted bidders will be required to submit within five (05) working days from date of request the following:

CVs with contactable references.

Certificates of qualification of staff listed under staffing profile.

Proof of Professional Registration number.

Copy of computer aided design software license

Copies of Design approval letter or completion certificates

Failure to submit the above within the stated period will render your bid non-responsive Please note: The required Professional Engineers/Technologists and Professional Programme

Manager/Project Manager CANNOT be the same person. Design Approval letters must have been signed by the Client on their letterhead and Completion

Certificates must have the Client’s, Consultant and Contractor signatures. Bidders may be requested to submit their Quality Assurance System after the award of the bid.

Where more than one expert is required, each expert shall be assessed on his or her own minimum required experience of five (5) years and the general criteria will be applied. Should any one of the

expert fails to meet the minimum requirement of five (5) year experience, the bidder will not qualify for minimum points under Staffing profile. Each Engineering Firm plus its Joint Venture Partners or sub-consultants shall have the minimum number of the professionals and combined 35years experience, stated in the table above.

F2.5 The consultant is deemed to be in possession and have knowledge of the documents referred to in these documents but not attached.

F.2.7 CLARIFICATION

MEETING

The arrangements for information session are:

Date: WEDNESDAY, 23 JANUARY 2019 Starting time: 10H00

Location: BENONI CUSTOMER CARE CENTRE, BENONI LIBRARY, CORNER TOM JONES STREET AND ELSTON AVENUE, BENONI

F.2.12 ALTERNATIVE

TENDER OFFERS

No alternative bid offer will be considered

F.2.13.1

SUBMITTING A TENDER OFFER

Bidders may NOT offer to provide any of the parts, or combinations thereof, of the works, services or supply identified in the contract data.

F 2.13.3 SUBMITTING A

TENDER OFFER

The whole original bid document, as issued by the CoE, shall be submitted. No copies will be accepted.

THE BIDDER MUST SUBMIT, TOGETHER WITH THE FULLY COMPLETED BID DOCUMENT, A CD WITH A COPY IN PDF FORMAT OF THE ORIGINAL COMPLETED BILL OF QUANTITIES/PRICING SCHEDULE. THIS CD MAY BE USED WHENEVER THERE IS A DISPUTE BETWEEN THE BIDDER AND CoE.

Bids may only be submitted on the Bid documentation issued by the CoE.

F2.14 Take particular note of this clause and ensure that you have provided all the data, information and documents requested and completed all documents/forms/schedules required. See page 2 –Very Important Notice

F.2.15 CLOSING TIME

The closing time for submission of bids is 13 FEBRUARY 2019 at 10:00 am Telephonic, telegraphic, facsimile or e-mailed offers will not be accepted.

F.2.16 TENDER OFFER

VALIDTY

The Bid offer validity period is 120 days.

F.2.23 CERTIFICATES

The bidder is required to submit with his bid.

(1) In order to obtain B-BBEE Status Level points in terms of the provisions of Regulations 6(2) or 7(2) of the Preferential Procurement Regulations, 2017 , if a bidder is an Exempted Micro Enterprise (EME) in terms of the Broad-Based Black Economic Empowerment Act, Act No. 53 of 2003, the bidder is required to submit with his bid, a certificate issued by a registered auditor, accounting officer(as contemplated in section 60(4) of the Close Corporation Act, Act No.69 of 1984) or an accredited verification agency, in compliance with the requirements of Regulation 6(4)of the Preferential Procurement Regulations, 2017;

(2) In order to obtain B-BBEE Status Level points in terms of the provisions of Regulations 6(2) or 7(2) of the Preferential Procurement Regulations, 2017, if a bidder is not an Exempted Micro Enterprise (EME) in terms of the Broad-Based Black Economic Empowerment Act, Act No. 53 of 2003, the bidder is required to submit an original and valid B-BBEE status level verification certificate or a certified copy thereof, substantiating its B-BBEE rating, in compliance with the requirements of Regulation 6(4) of the Preferential Procurement Regulations, 2017;

(3) A valid original Tax Clearance Certificate or copy or TCS pin number thereof, issued by the South

African Revenue Services;

(4) If a bidder is a registered company required by law to have its annual financial statements audited or independently reviewed in compliance with the requirements of the Companies Act ,Act No.71 of 2008, or any other law, audited or independently reviewed annual financial statements, as the case may be, prepared within six (6) months of the end of the bidders most recent financial year together with the audited or independently reviewed annual financial statements for the two immediately preceding financial years, unless the bidder was only established within the past three (3) years in which case all of its annual financial statements must be submitted.

(5) If a bidder is a registered close corporation, annual financial statements in compliance with the provisions of the Close Corporations Act, Act No. 69 of 1984 , prepared within nine (9) months of the end of the bidders most recent financial year together with the annual financial statements for the two immediately preceding financial years, unless the bidder was only established within the past three (3) years in which case all of its annual financial statements must be submitted.

(6) immediately preceding financial years, unless the bidder was only established within the past three (3) years in which case all of its annual financial statements must be submitted.If the bidder only commenced business within the past three years, the bidder is required to submit annual financial statements in compliance with the provisions of (1) and (2) above for each of its financial years since commencing business.

(7) If a bidder is not required by law to have its annual financial statements audited or independently reviewed, or is not a Close Corporation, then non-audited annual financial statements for the periods referred to above must be submitted.

F.3.4 OPENING OF BID

SUBMISSIONS

The time for opening of the Bid offers are 13 FEBRUARY 2019 Time: 10:00 am Location: Ground Floor, 68 Woburn Avenue, Benoni

The additional conditions of Bid are:

1 The Employer/Engineer may also request that the bidder provide written evidence that his financial, labour and other resources are adequate for carrying out the contract.

2 The Employer reserves the right to appoint a firm of chartered accountants and auditors and/or execute any other financial investigations on the financial resources of any bidder. The bidder shall provide all reasonable assistance in such investigations.

3 The Employer intends to appoint more than one Consulting Firm to a maximum of six (6) on this contract subject to the specific conditions agreed to in the Form of Acceptance

The department intends to allocate the projects to these PSPs during the next three years, as follows:

PSPs will be appointed at their tendered rates, if their rates are less than that of the department’s estimated rates and will be offered the department’s rates, if their rates are higher than that of the department.

The highest scoring bidder will be allocated 10% of the projects and the remaining projects will be evenly distributed amongst the other PSPs.

Projects will be allocated on rotational basis.

PSPs will not be considered for additional projects if they have underperformed on the projects that they were previously allocated, after due process has been followed.

All IPWs will be valid for a period not exceeding the duration of this contract, subject to compliance with the applicable provisions of MFMA: Supply Chain Management Regulations.

There will be no projects allocated in the last six (6) months of the contract, unless such projects will be completed on or before the contract expires.

4 The bid document shall be submitted as a whole and shall not be taken apart.

5 List of returnable documents (PART T2) must be completed in full. (A bidder’s company profile will not be used by the COE to complete PART T2 on behalf of the bidder)

NB: If PART T2 is not completed in full by the bidder, this offer will be rejected.

8. LIST OF RETURNABLE DOCUMENTS (T2.1) The Bidder must complete and return the following Documents/Schedules

Returnable Schedules required for Bid evaluation purposes and that will be Incorporated in the Contract

1 Form 2.1.1 General information

2 Form 2.1.2 Details of Proprietor, Partners, Closed Corporation Members, Company Directors or Trustees

3 Form 2.1.3 Tax Clearance Certificate

4 Form 2.1.4 Declaration

5 Form 2.1.5 Declaration of Interest

6 Form 2.1.6 Declaration for Procurement Above R10 Million

7 Form 2.1.7 Declaration of Bidder’s Past Supply Chain Management Practices

8 Form 2.1.8 Certificate of Independent Bid Determination

9 Form 2.1.9 Declaration for Municipal Accounts

10 Form 2.1.10 Declaration for Municipal Accounts where bids are expected to exceed R10 million

11 Form 2.1.11 Financial References

12 Form 2.1.12 Joint Venture Information

13 Form 2.1.13 Schedule of Infrastructure and Resources

14 Form 2.1.14 Size of Enterprise and Current Workload

15 Form 2.1.15 Schedule of Approach and Methodology / Work Plan

16 Form 2.1.16 Proposed Key Personnel which will be Involved in Project

17 Form 2.1.17 Schedule of Previous Work Carried out by Bidder

18 Form 2.1.18 Schedule of Consultancy Services provided to Organ of State

19 Form 2.1.19 Schedule of Proposed Sub-Contractors (Sub-Consultants)

20 Form 2.1.20 Schedule of Deviations and Addenda to Bid Documents

9. CONTRACT DATA (C1.2) CONDITIONS OF CONTRACT

The following Contract Data and amendments are applicable to this Contract:

Clause

1 The Employer is the Ekurhuleni Metropolitan Municipality

1 The Project is for the Provision of Professional Engineering Ancillary Services for projects from 01

July 2019 until 30 June 2022.

3.4 and

4.3.2

The Authorised and Designated representative of the Employer is

Name: Ms. Pontsho Menu

The Employer's address for receipt of communications is:

City of Ekurhuleni

Human Settlements Department,

P. o. Box 25623

BOKSBURG,1501

E-mail: [email protected]

3.5 For location of the works and project data see Site Information section C4.

3.11 The Service Provider shall deliver the Services mentioned hereunder within the time period given:

First draft project schedule / Inception Report to be submitted within two weeks upon appointment.

First draft Preliminary Design Report (PDR) within 4 weeks of receipt of letter of appointment

Final PDR to be delivered within 2 weeks of receipt from the Employer of first draft report

(Employer’s comments)

Submission of Detailed Design Report (DDR) and Bill of Quantities within 4 weeks of approval by the

Employer of final PDR.

For Bid Evaluation within 2 weeks of receipt of bid documents from the Employer.

3.11 The penalty for failing to submit any of the documentation on time is R1 000 per calendar day per

documentation described above.

Limit of penalties is 10(ten) % of Total 1 as stated in Activity Schedule Table A1.

3.14 A Programme for the performance of services shall be submitted within 7 days of the award of this

contract or the Instruction to Perform Works

4.4 Delete and replace with “The Service Provider shall appoint, according to contract, and be paid for

work done by its subcontractors (sub-consultants) according to the Pricing Data...”

4.6 Add-Administer construction contract according to “General Conditions of Contract for Construction

Work (2015) as issued by the South African Institute of Civil Engineering as amended by Employer.

Copy available at https://www.SAICE.org.za

4.7 All payments to bidders will only be made by means of Electronic Fund Transfer (EFT). Successful

bidders will be requested to submit within 14 days after appointment, the following documents:

An original letter from the banking institution to confirm full details of the bank account to the

Council (Company name, account number)

An original cancelled cheque (if applicable)

An original letter on the bidding entity’s letterhead confirming bank account details into

which all contract payments must be made, signed by an authorised official of bidding entity

4.7 Add new paragraph” The Employer reserves the right, by giving written notice to the Consultant, to

stops the progress of a particular project/stage at any time. Should the Employer exercise this right,

the Employer will pay the Consultant for work done and expenses incurred only up to the time that

mailto:[email protected]

https://www.saice.org.za/

Clause

the notice was given.”

5.2 Add the paragraph” The Service Provider shall keep strict control of expenditure on the construction

contract and of its fee and motivate the reasons if additional funds are to be made available by the

Employer. The Service Provider shall report in writing to the Employer in good time so as not to

delay the progress of the Works. Financial regulations require that a report be submitted to Council

for approval of additional funds prior to any over-expenditure being incurred. The period required

between the reporting of possible over-expenditure and getting approval for it is about 2 months.”

5.4.1

13.4

13.5

The Service Provider is required to provide the following insurance:

Insurance against Risk in performing professional services (Professional Indemnity

cover) and Public Liability insurance.

Limit of compensation (i) For Professional Indemnity Insurance, the amount equal to the

total of the professional fee for the project as entered in the

Offer and Acceptance form or the proceeds the consultant is

entitled to receive under its insurance, whichever is higher.

Minimum R 10 000 000 per occasion for public liability

insurance

Duration of professional

indemnity Insurance and

duration of liability.

For a period of 3 years after issue of the final report for the whole

project.

5.5 Add the following: “The Service Provider is required to obtain the Employer’s prior approval in writing

before taking any of the following actions:

1. Commencement with feasibility study / investigations (i.e. each study / investigation shall have a

proposal from the Service Provider based on the approved rates / Activity Schedule);

2. Commencement with a preliminary design report;

3. Commencement of detailed final design and bid stage;

4. Commencement of construction stage and advertising for bids;

5. Appointing Sub Consultants for the performance of any part of the Services.”

9.1 Copyright of documents prepared by the Service Provider for any stage of the Project is vested with

the City of Ekurhuleni

9.3 Change “shall have no right” to “shall have the right”

11 Unless Table A in the Activity Schedule is completed, the Service Provider is deemed to have all

skills necessary to provide the services detailed in the Scope of Work and Pricing Data.

12.1.2 Settlement of disputes is to be in terms of The Standard Professional Services Contract (Second

Edition, 2nd edition of CIDB document 1015 of September 2005) published by the Construction

Industry Development Board plus a signed full bid document will act as a full legal document and

serve as a Service Level Agreement, where applicable the provisions of Municipal Finance

Management Act (MFMA) shall prevail.

13.6 Delete this clause.

14 Remuneration and reimbursement shall be as set out in the Pricing Data. No payment shall be made

unless adequate proof of evidence of such work has been established and submitted with each

payment certificate.

Clause

15 Interest determined by applicable law.

35.1.5 CLAUSE 35.1.5 ADD THE FOLLOWING:

“Notwithstanding the provisions of the General Conditions of Contract and without limiting the

obligations liabilities or responsibilities of the Contractor in any way whatsoever including but not

limited to the provision by the Contractor of any insurances, the Contractor will effect and maintain

for the duration of the Contract until the date of the Certificate of Completion -

(i) Contract Works Insurance;

(ii) Public Liability Insurance;

(iii) A Coupon for Special Risk Insurance (SASRIA) issued by the South African Special Risk

Insurance Association;

in the name of the Contractor (including all Sub-Contractors) and Municipality’s insurable interest

must be noted in the policy.

A copy of the Contract Works Insurance, Public Liability Insurance policies and Coupon for Special

Risk Insurance as arranged by the Contractor, must be submitted to Municipality. The Insurances

will be maintained from the Commencement Date to the date of the Certificate of Completion.

The Contractor shall effect and pay for any supplementary insurance, which in its own interest it may

deem necessary.

The Contractor shall insure that all potential and appointed Sub-contractors are aware of the whole

content of this clause, and enforce the compliance by Sub-contractors with this clause where

applicable.

Any clarification of the scope of cover to be provided by the Policies arranged by the Contractor or

the Municipality should be obtained from the Municipality’s Broker.

The Contractor and its Sub-contractors are deemed to have full knowledge of the terms and

conditions under which the required Insurance cover is issued. ”

35.9 ADD THE FOLLOWING:

"In the event of any claim arising under the policy or policies held, the Contractor shall without delay

take all the necessary steps to lodge his claim on the joint behalf of himself and the Municipality, and

the claim submitted shall cover all costs to repair and make good in terms of Sub-clause 35(1)(b).

The Contractor shall submit copies of all claims and related documents to the Engineer. Settlement

of claims will be paid to the Municipality who will pay such amounts to the Contractor on certificate of

the Engineer in terms of Clause 47 as the rectification proceeds. All claims shall be submitted in

accordance with the requirements of the policy."


“The Executive Manager Insurance & Risks (Mr. Dries van den Berg will verify the Contractors All

Risks insurance cover and issue a letter of confirmation that adequate cover is in place or not.”

PART 2: DATA PROVIDED BY THE SERVICE PROVIDER

Clause

5.1 The Service provider is

5.3 The authorised and designated representative of the Service Provider is:

Name:

The Service Provider address for receipt of communications is

Physical address:

Postal address:

Telephone:

Fax:

E-mail:

AGREEMENT AND CONTRACT DATA (Pg 95 – 104) C1.1 FORM OF OFFER AND ACCEPTANCE: Must be completed and signed C1.2 CONTRACT DATA The Standard Professional Services Contract (Second Edition, 2nd edition of CIDB document 1015 of September 2005) published by the Construction Industry Development Board plus a signed full bid document will act as a full legal document and serve as a Service Level Agreement, where applicable the provisions of Municipal Finance Management Act (MFMA) shall prevail. Copies of this Services Contract may be obtained from the Construction Industry Development Board’s website www.cidb.org.za. PART1: DATA PROVIDED BY THE CLIENT The following Contract Data and amendments are applicable to this Contract:

Clause

1 The Employer is the Ekurhuleni Metropolitan Municipality

1 The Project is for the Provision of Professional Engineering Ancillary Services for projects from 01

July 2019 until 30 June 2022.

3.4 and

4.3.2

The Authorised and Designated representative of the Employer is

Name: Ms. Pontsho Menu

Clause

The Employer's address for receipt of communications is:

City of Ekurhuleni

Human Settlements Department,

P. o. Box 25623

BOKSBURG,1501

E-mail: [email protected]

3.5 For location of the works and project data see Site Information section C4.

3.11 The Service Provider shall deliver the Services mentioned hereunder within the time period given:

First draft project schedule / Inception Report to be submitted within two weeks upon appointment.

First draft Preliminary Design Report (PDR) within 4 weeks of receipt of letter of appointment

Final PDR to be delivered within 2 weeks of receipt from the Employer of first draft report

(Employer’s comments)

Submission of Detailed Design Report (DDR) and Bill of Quantities within 4 weeks of approval by the

Employer of final PDR.

For Bid Evaluation within 2 weeks of receipt of bid documents from the Employer.

3.11 The penalty for failing to submit any of the documentation on time is R1 000 per calendar day per

documentation described above.

Limit of penalties is 10(ten) % of Total 1 as stated in Activity Schedule Table A1.

3.14 A Programme for the performance of services shall be submitted within 7 days of the award of this

contract or the Instruction to Perform Works

4.4 Delete and replace with “The Service Provider shall appoint, according to contract, and be paid for

work done by its subcontractors (sub-consultants) according to the Pricing Data...”

4.6 Add-Administer construction contract according to “General Conditions of Contract for Construction

Work (2015) as issued by the South African Institute of Civil Engineering as amended by Employer.

Copy available at https://www.SAICE.org.za

4.7 All payments to bidders will only be made by means of Electronic Fund Transfer (EFT). Successful

bidders will be requested to submit within 14 days after appointment, the following documents:

An original letter from the banking institution to confirm full details of the bank account to the

Council (Company name, account number)

An original cancelled cheque (if applicable)

An original letter on the bidding entity’s letterhead confirming bank account details into

which all contract payments must be made, signed by an authorised official of bidding entity

4.7 Add new paragraph” The Employer reserves the right, by giving written notice to the Consultant, to

stops the progress of a particular project/stage at any time. Should the Employer exercise this right,

the Employer will pay the Consultant for work done and expenses incurred only up to the time that

the notice was given.”

5.2 Add the paragraph” The Service Provider shall keep strict control of expenditure on the construction

contract and of its fee and motivate the reasons if additional funds are to be made available by the

Employer. The Service Provider shall report in writing to the Employer in good time so as not to

delay the progress of the Works. Financial regulations require that a report be submitted to Council

for approval of additional funds prior to any over-expenditure being incurred. The period required

between the reporting of possible over-expenditure and getting approval for it is about 2 months.”


https://www.saice.org.za/

Clause

5.4.1

13.4

13.5

The Service Provider is required to provide the following insurance:

Insurance against Risk in performing professional services (Professional Indemnity

cover) and Public Liability insurance.

Limit of compensation (ii) For Professional Indemnity Insurance, the amount equal to the

total of the professional fee for the project as entered in the

Offer and Acceptance form or the proceeds the consultant is

entitled to receive under its insurance, whichever is higher.

Minimum R 10 000 000 per occasion for public liability

insurance

Duration of professional

indemnity Insurance and

duration of liability.

For a period of 3 years after issue of the final report for the whole

project.

5.5 Add the following: “The Service Provider is required to obtain the Employer’s prior approval in writing

before taking any of the following actions:

1. Commencement with feasibility study / investigations (i.e. each study / investigation shall have a

proposal from the Service Provider based on the approved rates / Activity Schedule);

2. Commencement with a preliminary design report;

3. Commencement of detailed final design and bid stage;

4. Commencement of construction stage and advertising for bids;

5. Appointing Sub Consultants for the performance of any part of the Services.”

9.1 Copyright of documents prepared by the Service Provider for any stage of the Project is vested with

the City of Ekurhuleni

9.3 Change “shall have no right” to “shall have the right”

11 Unless Table A in the Activity Schedule is completed, the Service Provider is deemed to have all

skills necessary to provide the services detailed in the Scope of Work and Pricing Data.

12.1.2 Settlement of disputes is to be in terms of The Standard Professional Services Contract (Second

Edition, 2nd edition of CIDB document 1015 of September 2005) published by the Construction

Industry Development Board plus a signed full bid document will act as a full legal document and

serve as a Service Level Agreement, where applicable the provisions of Municipal Finance

Management Act (MFMA) shall prevail.

13.6 Delete this clause.

14 Remuneration and reimbursement shall be as set out in the Pricing Data. No payment shall be made

unless adequate proof of evidence of such work has been established and submitted with each

payment certificate.

15 Interest determined by applicable law.

35.1.5 CLAUSE 35.1.5 ADD THE FOLLOWING:

“Notwithstanding the provisions of the General Conditions of Contract and without limiting the

obligations liabilities or responsibilities of the Contractor in any way whatsoever including but not

limited to the provision by the Contractor of any insurances, the Contractor will effect and maintain

for the duration of the Contract until the date of the Certificate of Completion -

Clause

(i) Contract Works Insurance;

(ii) Public Liability Insurance;

(iii) A Coupon for Special Risk Insurance (SASRIA) issued by the South African Special Risk

Insurance Association;

in the name of the Contractor (including all Sub-Contractors) and Municipality’s insurable interest

must be noted in the policy.

A copy of the Contract Works Insurance, Public Liability Insurance policies and Coupon for Special

Risk Insurance as arranged by the Contractor, must be submitted to Municipality. The Insurances

will be maintained from the Commencement Date to the date of the Certificate of Completion.

The Contractor shall effect and pay for any supplementary insurance, which in its own interest it may

deem necessary.

The Contractor shall insure that all potential and appointed Sub-contractors are aware of the whole

content of this clause, and enforce the compliance by Sub-contractors with this clause where

applicable.

Any clarification of the scope of cover to be provided by the Policies arranged by the Contractor or

the Municipality should be obtained from the Municipality’s Broker.

The Contractor and its Sub-contractors are deemed to have full knowledge of the terms and

conditions under which the required Insurance cover is issued. ”


"In the event of any claim arising under the policy or policies held, the Contractor shall without delay

take all the necessary steps to lodge his claim on the joint behalf of himself and the Municipality, and

the claim submitted shall cover all costs to repair and make good in terms of Sub-clause 35(1)(b).

The Contractor shall submit copies of all claims and related documents to the Engineer. Settlement

of claims will be paid to the Municipality who will pay such amounts to the Contractor on certificate of

the Engineer in terms of Clause 47 as the rectification proceeds. All claims shall be submitted in

accordance with the requirements of the policy."


“The Executive Manager Insurance & Risks (Mr. Dries van den Berg will verify the Contractors All

Risks insurance cover and issue a letter of confirmation that adequate cover is in place or not.”

PART 2: DATA PROVIDED BY THE SERVICE PROVIDER

Clause

5.1 The Service provider is

5.3 The authorised and designated representative of the Service Provider is:

Name:

The Service Provider address for receipt of communications is

Physical address:

Postal address:

Telephone:

Fax:

E-mail:

C2.1 PRICING INSTRUCTIONS (Pg 105 – 106) ESCALATION Is applicable to this contract ESCALATION: Pay items in the Activity Schedule are subject to escalation only after the first 12 months of the contract period (Only for monthly and hourly rates). Thereafter these Rates quoted/approved will be escalated ANNUALLY according to the CPI. PLEASE NOTE ABOVE MENTIONED ESTIMATE CONSTRUCTION COSTS WILL BE USED FOR EVALUATION PUPOSES ONLY. THE FINAL FEES WILL BE DETERMINED USING THE FINAL CONTRACT VALUE. NOTE: Council reserves the right to terminate the appointment at any stage, and the Consultants will be entitled to be remunerated only for the work completed before receiving the notice of termination. PART C3 – SCOPE OF WORKS (Pg 117 – 132) C3.1 DESCRIPTION OF THE WORKS C3.1.1 EMM'S OBJECTIVES C3.1.2 OVERVIEW OF THE WORKS C3.1.3 EXTENT OF WORKS C3.1.4 LOCATION OF THE WORKS 10. GENERAL

It must be note that the minutes of this meeting will be emailed on request.

Questions can be also emailed to [email protected]

11. QUESTIONS AND ANSWERS The following questions were asked:

11.1. Question: Clarification of 5year experience Answer: Where more than one expert is required, each expert shall be assessed on his or her own minimum required experience of five (5) years and the general criteria will be applied. Should any one of the expert fails to meet the minimum requirement of five (5) year experience, the bidder will not qualify for minimum points under Staffing profile. Each Engineering Firm plus its Joint Venture Partners or sub-consultants shall have the minimum number of the professionals and combined 35years experience, as stated in the general criteria.

11.2. Question: Can the Professional OHS and Environmental Officers be the same person?

Answer: Yes. It will be upto the bidder. Bidders must ensure that person will be able to carry both duties effectively and efficiently.

11.3. Question: How many projects will each company be allocated?

Answer: Number of projects are subject to available projects and approved budget.

11.4. Question: In case of JV, are bidders required to submit BBBEE certificates for both companies or it must be a joint certificate

Answer: Joint BBBEE certificate has to be submitted with the bid.

11.5. Question: Who would sign the completion certificates, as this bid is for consultants and not contractors

Answer: The bidders are required to either submit the three design approval letters or three completion certificates that were signed by the bidders, himself/herself, client and contractor. This is to ensure that the bidder has successfully supervised and monitored water and sanitation and roads and storm-water infrastructure projects, to completion.

11.6. Question: Why this bid required to use ESCA tariffs? Answer: ECSA tariffs are used on this bid, as the most crucial experts are engineers who are regulated by ECSA.

11.7. Question: Does the methodology has to be the same as included in the document? Answer: Yes, it has to be as detailed to the bidder’s preference, but the bidder must ensure that it will enable the department to determine whether the be exactly understands the scope of the bid in detail.

11.8. Question: Will Technicians be accepted? Answer: NO. ONLT the personnel with minimum BTech or B Degree qualification, as stated under general criteria will BE ACCEPTED.

11.9. Question: Where can bid documents be purchased? Answer: City of Ekurhuleni Tender Office, Ground floor, 68 Woburn Avenue, Benoni or can be downloaded from the website.

11.10. Question: Where must enquiries sent to?


Answer: All enquiries related to the bid must be emailed to [email protected].

11.11. Question: What are the bid’s financial requirements? Answer: Bidders are required to have annual turnover of NOT less than R100 000

11.12. Question: Are there any leeway of accepting bidders with BBBEE status higher than level 1? Answer: NO. ONLY bidders with BBBEE Level 1 will be considered for the bid.

11.13. Question: Can returnable documents be submitted on separate file? Answer: Yes, so long as they are CLEARLY marked, as stated in the bid document.

11.14. Question: Can all documents be on a CD Answer: NO. ONLY hard copies are accepted. The CD is optional.

The meeting adjourned at 10H50
