tender doc- 26 service areas-final approved tenders/tender doc- 26 service areas-final...

ETHEKWINI MUNICIPALITY

Tender No: FRAMEWORK CONTRACTS 1 TO 26

Framework contracts for the provision of miscellaneous built environment professional services

PROCUREMENT DOCUMENT

MAY 2010

Issued by: A. PETERS PrENG.

HEAD : ENGINEERING UNIT

MUNICIPAL CENTRE

166 KE MASINGA ROAD (formerly OLD FORT RD)

DURBAN

4001

Contact:

Name: P HOLTON

Telephone: 031 311 7526

Name of tenderer: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service areas tendered (cross appropriate box(es)

1 2 3 4 5 6 7 8 9 10 11 12 13

14 15 16 17 18 19 20 21 22 23 24 25 26


FRAMEWORK CONTRACTS 1 TO 26


Contents

Number Heading

THE TENDER

Part T1: Tendering procedures

T1.1 Tender notice and invitation to tender

T1.2 Tender data

Part T2: Returnable documents

T2.1 List of returnable documents

T2.2 Returnable schedules

THE CONTRACT

Part C1: Agreements and Contract data

C1.1 Form of offer and acceptance

C1.2 Contract data Part 1 – Data by the Employer Part 2 – Data by the Consultant

Part C2: Pricing data

C2.1 Pricing assumptions

C2.2 Pricing schedule

Part C3: Scope of work

C3 Scope of work

Annexure A: Consultant performance report

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




T1.1 Tender Notice and Invitation to Tender

eThekwini Municipality invites tenders for the provision of all or any of the following routine and repetitive services within the eThekwini Municipal area over a 3 year term, with no guarantee of any quantum of service:

Service area Service area

# Description # Description

1 Occupational health and safety (construction works)

14 Civil engineering services for low cost townships

2 Occupational health and safety (Risk assessments and AIA surveys)

15 Traffic engineering

3 Gravel road maintenance and construction 16 Transport planning and operation

4 Roads and stormwater facilities management 17 Bridge maintenance inspections

5 Roads provision (small works): 18 Programme and project management services for the Zibambele Programme

6 Roads provision (medium works): 19 Structural engineering (buildings)

7 Roads provision (large works): 20 Electrical engineering (buildings)

8 Stormwater modelling (PCSWMM) 21 Mechanical engineering (HVAC)

9 Floodline determination 22 Mechanical engineering (lifts)

10 Design and installation of stormwater infrastructure

23 Mechanical engineering (ammonia plants)

11 Geotechnical engineering (general) 24 Fire safety

12 Environmental impact assessments 25 Fire protection (detection)

13 Environmental monitoring 26 Fire protection (fire fighting systems)

A limited number of framework contracts will be entered into in each service area.

Only tenderers who have in-house competencies and capabilities to provide the service are eligible to submit tenders

The physical address for collection of tender documents is The Cashier, East wing (Main Foyer) Basement:

Engineering Unit, 166 KE MASINGA ROAD (formerly OLD FORT RD), Durban 4001.

Documents may be collected during working hours from Monday, 24 MAY 2010

A non-refundable tender deposit of R 100.00 payable in cash or by bank guaranteed cheque made out in favour of the Employer is required on collection of the tender documents.

A briefing meeting with representatives of the Employer will take place at Penthouse Boardroom (Room 6 ½), Engineering Unit, Municipal Centre, 166 KE Masinga Road (formerly Old Fort Road), Durban on Monday, 31 MAY 2010 starting at 14:00 hrs

Queries relating to the issue of these documents may be addressed to Mr P HOLTON Tel No 031 311 7526, Fax No. 031 311 7490 e mail [email protected].

Tender 2 T1.1 Part T1: Tendering procedures Tender Notice and Invitation to Tender

The closing time for receipt of tenders is 11h00 hrs on Friday, 18 JUNE 2010. Telegraphic, telephonic, telex, facsimile, e-mail and late tenders will not be accepted.

Tenders may only be submitted on the tender documentation that is issued.

Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the Tender Data.

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




T1.2 Tender Data

The conditions of tender are the Standard Conditions of Tender as contained in Annex F of the CIDB Standard for Uniformity in Construction Procurement (January 2009) as published in Government Gazette No 31823, Board Notice 12 of 2009 of 30 January 2009. (See www.cidb.org.za). The Standard Conditions of Tender make several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the Standard Conditions of Tender. Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to which it mainly applies.

Clause number

Tender Data

F.1.1 The employer is eThekwini Municipality

F.1.2 The Tender Documents issued by the Employer comprise the following documents: THE TENDER Part T1: Tendering procedures T1.1 - Tender notice and invitation to tender T1.2 - Tender data Part T2: Returnable documents T2.1 - List of returnable documents T2.2 - Returnable schedules THE CONTRACT 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 - Bill of Quantities Part C3: Scope of work C3 - Scope of work

F.1.4 The employer’s agent is : Name: P HOLTON

Address: ROOM 527 Engineering Unit, 166 KE MASINGA ROAD (formerly OLD FORT RD), Durban

Tel: 031 311 7526 Fax: 031 311 7490 E-mail: [email protected]

F.2.1 Only those tenderers who satisfy the following eligibility criteria are eligible to submit tenders: 1. The tenderer has suitable in house capabilities to perform the required service in the tendered service

area. 2. The tenderer is registered in terms of the Companies Act, 1973 (Act 61 of 1973) or the Close

Corporation Act,1984 (Act No. 69 of 1984) and is not an unincorporated joint venture.


3. The tenderer’s primary business is to provide independent technology-based intellectual services to

clients. 4. The tenderer / company has at least 50% of its directors and members, in the case of a company and

close corporation respectively , professionally registered as one of the following:

Service area Category of registration Act

# Description

1 Occupational health and safety (construction works contracts)

none Not applicable


none Not applicable

3 Gravel road maintenance and construction

Professional engineer or professional engineering technologist

Engineering Profession Act, 2000 (Act No. 46 of 2000)

4 Roads and stormwater facilities management


Professional construction manager

Professional construction project manager


Project and Construction Management Profession Act, 2000 (Act No. 48 of 2000)

5 Roads provision (small works): Professional engineer or professional engineering technologist


6 Roads provision (medium works): Professional engineer or professional engineering technologist


7 Roads provision (large works): Professional engineer or professional engineering technologist


8 Stormwater modelling (PCSWMM) Professional engineer or professional engineering technologist


9 Floodline determination Professional engineer or professional engineering technologist





11 Geotechical engineering (general) Professional engineer or professional engineering technologist

Professional natural scientist


South African Council for the Natural Scientific Profession Act, 2003 (Act No. 27 of 2003)

12 Environmental impact assessments none na

13 Environmental monitoring none na




15 Traffic engineering Professional engineer or professional engineering technologist


16 Transport planning and operation Professional engineer or professional engineering technologist



17 Bridge maintenance inspections Professional engineer or professional engineering technologist


18 Programme and project management services for the Zibambele Programme






19 Structural engineering (buildings) Professional engineer or professional engineering technologist


20 Electrical engineering (buildings) Professional engineer or professional engineering technologist


21 Mechanical engineering (HVAC) - Professional engineer or professional engineering technologist


22 Mechanical engineering (lifts) Professional engineer or professional engineering technologist





24 Fire safety Professional engineer or professional engineering technologist


25 Fire protection (detection) Professional engineer or professional engineering technologist


26 Fire protection (fire fighting systems) Professional engineer or professional engineering technologist


5. The tenderer is able to provide financial statements prepared in accordance with Generally Accepted Accounting Practice (GAAP) or the International Financial Reporting Standard (IFRS), and in terms of either the Companies Act or the Close Corporation Act, as relevant, for the preceding financial year within 6 months of the financial year end.

6. The tenderer has a total turnover over during its preceding financial year which is not less than

Service area Minimum turnover (Million Rands)

# Description

1 Occupational health and safety (construction works) R2,0 million


R2,0 million

3 Gravel road maintenance and construction R2,0 million

4 Roads and stormwater facilities management R 2,0 million

5 Roads provision (small works): R 2,0 million

6 Roads provision (medium works): R 3,0 million

7 Roads provision (large works): R 8,0 million

8 Stormwater modelling (PCSWMM) R2,0 million

9 Floodline determination R2,0 million

10 Design and installation of stormwater infrastructure R2,0 million

11 Geotechnical engineering (general) R2,0 million


12 Environmental impact assessments R0,5 million

13 Environmental monitoring R0,5 million

14 Civil engineering services for low cost townships R7,0 million

15 Traffic engineering R 1,5 million

16 Transport planning and operation R 2,0 million

17 Bridge maintenance inspections R1,0 million


R2,0 million

19 Structural engineering (buildings) R2,0 million

20 Electrical engineering (buildings) R2,0 million

21 Mechanical engineering (HVAC) - R2,0 million

22 Mechanical engineering (lifts) R2,0 million

23 Mechanical engineering (ammonia plants) R2,0 million

24 Fire safety R2,0 million

25 Fire protection (detection) R2,0 million

26 Fire protection (fire fighting systems) R2,0 million

7. The tenderer has a turnover during its preceding financial year for services falling within the scope of

services of the proposed framework contract rendered in South Africa which is not less than

Service area Minimum turnover (Million Rands) within service area

# Description



R1,0 million


4 Roads and stormwater facilities management Not applicable

5 Roads provision (small works): R1,0 million


7 Roads provision (large works): R4,0 million












Not applicable







24 Fire safety R0,5

25 Fire protection (detection) R1,0

26 Fire protection (fire fighting systems) R1,0

8. The tenderer has a professional indemnity insurance cover issued by a reputable insurer in an amount

of not less than the following amount in respect of a claim without limit to the number of claims:

Service area Level of professional indemnity cover (Million Rands)

# Description



R2,0 million


4 Roads and stormwater facilities management R2,0 million


6 Roads provision (medium works): R5,0 million









15 Traffic engineering R2,0 million

16 Transport planning and operation R2,0 million



R2,0 million









F.2.7 There are no compulsory clarification meetings. A briefing meeting will take place as stated in the Tender Notice and Invitation to Tender

F.2.12 No alternative tender offers will be considered

F.2.13.3 Parts of each tender offer communicated on paper shall be submitted as an original, plus 3 copies.


F.2.13.5 F.2.15.1

The employer’s details and address for delivery of tender offers and identification details that are to be shown on each tender offer package are: Location of tender box: ENTRANCE FOYER, GROUND FLOOR, ENGINEERING UNIT Physical address: 166 K E MASINGA ROAD (OLD FORT ROAD), DURBAN Identification details: The “Framework numbers" applied for together with the associated Framework Titles and the closing date and time of this Framework tender"

F.2.13.9 Telephonic, telegraphic, telex, facsimile or e-mailed tender offers will not be accepted.

F.2.15 The closing time for submission of tender offers is as stated in the Tender Notice and Invitation to Tender.

F.2.16 The tender offer validity period is 10 weeks.

F.2.23 The tenderer is required to submit with his tender: 1) an original valid Tax Clearance Certificate issued by the South African Revenue Services. 2) a copy of the entity’s professional indemnity insurance

F.3.4 Tenders will be opened immediately after the closing time for tenders at 11h00

F.3.11.1 The financial offer will be reduced to a comparative basis using the Tender Assessment Schedule.

F.3.11.5 The procedure for the evaluation of responsive tenders is Method 4 The value of W2 is 65. The score for financial offer is calculated using Formula 2 (Option 2) where W1 is the percentage score given to financial offer and equals 100 minus W2. The score for quality and financial offer is to be combined, before the addition of the score for preference, as follows: WC = W3 x (1 + (S - Sm) ) Sm Where W3 is the number of tender evaluation points for quality and financial offer and equals 90 S is the sum of score for quality and financial offer of the submission under consideration Sm is the sum of score for quality and financial offer of the submission scoring the highest number of

points Up to 100 minus W3 tender evaluation points will be awarded to tenderers who complete the preferencing schedule and who are found to be eligible for the preference claimed.


F.3.11.3 The quality criteria and maximum score in respect of each of the criteria are as follows:

Quality criteria

Subcriteria Maximum number of

points

Tenderer’s experience

- 30

Experience of Principal Consultant

General experience and qualifications in relation to the service 10

Adequacy for the service 15

Knowledge of issues pertinent to the service 15

Value add - 30

Maximum possible score for quality (Ms) 100

Quality shall be scored by not less than three evaluators in accordance with the following schedules:

• Evaluation Schedule: Experience of Tenderer over last 5 years

• Evaluation Schedule: Experience of Principal Consultant • Evaluation Schedule: Value added by Tenderer The minimum number of evaluation points for quality is 60

Each evaluation criteria will be assessed in terms of five indicators – no response, poor, satisfactory, good and very good. Scores of 0, 40, 70, 90 or 100 will be allocated to no response, poor, satisfactory, good and very good, respectively. The scores of each of the evaluators will be averaged, weighted and then totalled to obtain the final score for quality.

F.3.13.1 Tender offers will only be accepted if: a) the tenderer submits an original valid Tax Clearance Certificate issued by the South African Revenue

Services or has made arrangements to meet outstanding tax obligations; b) the tender submits a duly completed Declaration of Municipal Fees c) the tenderer or any of its directors/shareholders is not listed on the Register of Tender Defaulters in

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

d) the tenderer has not: i) abused the Employer’s Supply Chain Management System; or ii) failed to perform on any previous contract and has been given a written notice to this effect; e) the tenderer has completed the Compulsory Enterprise Questionnaire and there are no conflicts of

interest which may impact on the tenderer’s ability to perform the contract in the best interests of the employer or potentially compromise the tender process and persons in the employ of the state are permitted to submit tenders or participate in the contract;

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

Additional conditions of tender

1) Notwithstanding the requirements of F.3.11, a limited number of contracts may be entered into with two or more of the highest scoring tenderers.

2) Tenderers who score above the threshold score for quality (see F.3.11.3) may be invited to demonstrate

that they satisfy the requirements of F3.13 b) through a submission of a portfolio of work relating to the service area and an interview.

3) Tenderers are required to complete the Pricing Schedule for the service areas that they

tender for. Failure to tender all the parameters required for a service area shall render the tender non-responsive.





T.2.1 List of returnable documents

Returnable Schedules required for tender evaluation purposes The tenderer must complete the following returnable schedules as relevant:

• Record of Addenda to Tender Documents • Compulsory Enterprise Questionnaire

• Declaration of Municipal Fees

• Proposed Amendments and Qualifications • Practice Declaration Affidavit

• Evaluation Schedule: Experience of Tenderer over last 5 years

• Evaluation Schedule: Value added by Tenderer

• Tender Assessment Schedule

Other documents required for tender evaluation purposes The tenderer must submit the following returnable documents: • An original valid Tax Clearance Certificate issued by the South African Revenue Services

• Financial statements prepared in accordance with Generally Accepted Accounting Practice (GAAP) or the International Financial Reporting Standard (IFRS), and in terms of either the Companies Act or the Close Corporation Act, as relevant, for the preceding financial year within 6 months of the financial year end

• Documentary proof of current professional indemnity cover issued by a reputable insurer in an amount of not less than the amount stated in the eligibility criteria in the Tender Data in respect of each and every claim without limit to the number of claims (see F.2.1).

• Verification certificate from a verification agency accredited by SANAS and recognized as an Accredited B-BBEE Verification Agencies (see www.sanas.co.za/directory/bbee_default.php) if preference points are claimed in respect of Broad-Based Black Economic Empowerment.

Returnable Schedules that will be used for tender evaluation purposes and be incorporated into the contract The tenderer must complete the following returnable documents if preferences are claimed:

• Preferencing Schedule for Professional Service Framework Contracts

• Evaluation Schedule: Experience of principal consultant

4 Other documents that will be incorporated into the contract

• Nil

C1.1 Offer portion of Form of Offer and Acceptance

C1.2 Contract Data (Part 2)

C2.2 Pricing Schedule


Record of Addenda to tender documents

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

Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Attach additional pages if more space is required.

Signed Date

Name Position

Tenderer


Compulsory Enterprise Questionnaire

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

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

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

Section 3: CIDB registration number, if any: Not applicable

Section 4: Particulars of sole proprietors and partners in partnerships

Name* Identity number* Personal income tax number*

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

Section 5: Particulars of companies and close corporations

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

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

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

Section 6: Record in the service of the state

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

� a member of any municipal council

� a member of any provincial legislature � a member of the National Assembly or the

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

municipal entity

� an official of any municipality or municipal entity

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

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

� an employee of Parliament or a provincial legislature

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

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

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

Status of service (tick appropriate column) Current Within last

12 months

*insert separate page if necessary


Signed

Date

Name Position

Enterprise name

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

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

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

� a member of the board of directors of any municipal entity

� an official of any municipality or municipal entity

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

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

� an employee of Parliament or a provincial legislature

Name of spouse, child or parent

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

Status of service (tick appropriate column) Current Within last

12 months

*insert separate page if necessary

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

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

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

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

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

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


Declaration of Municipal Fees

I / We do hereby declare that the Municipal fees of the company ...........................................................,

are, as at the date of the tender closing, fully paid up, or arrangements have been concluded with the

Municipality to pay the said fees :

Account Account Number

Electricity *_____________________

Water *_____________________

Rates *_____________________

JSB Levies *_____________________

*___________________ *_____________________

* : to be completed by tenderer.

I / We acknowledge that should it be found that Municipal fees are not up to date, the Council may take such

remedial action as is required, including termination of contract, and any income due to the contractor shall

be utilised to offset any monies due to the Council.

SIGNATURE : .......................................................................................... DATE: ..................................

(of person authorised to sign on behalf of the Tenderer)


Proposed amendments and qualifications

The Tenderer should record any deviations or qualifications he may wish to make to the tender documents in this Returnable Schedule. Alternatively, a tenderer may state such deviations and qualifications in a covering letter to his tender and reference such letter in this schedule. The Tenderer’s attention is drawn to clause F.3.8 of the Standard Conditions of Tender referenced in the Tender Data regarding the employer’s handling of material deviations and qualifications.

Page Clause or item Proposal

Signed Date

Name Position

Tenderer


Practice Declaration Affidavit

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

1) the company will maintain its professional indemnity insurance for the duration of the contract and abide by the CIDB Code of Conduct for all the Parties engaged in Construction Procurement (see www.cidb.co.za);

2) the primary business of the company is to provide independent technology-based intellectual services to employers;

3) the tenderer is not an unincorporated joint venture

4) the tender has in-house competencies in and offers to provide the following services: (tick the appropriate box(es) – see Scope of Work for full description of services)

Service area

# Description





5 Roads provision (small works):

6 Roads provision (medium works):

7 Roads provision (large works):

8 Stormwater modelling (PCSWMM)

9 Floodline determination


11 Geotechnical engineering (general)

12 Environmental impact assessments

13 Environmental monitoring



16 Transport planning and operation

17 Bridge maintenance inspections


19 Structural engineering (buildings)

20 Electrical engineering (buildings)

21 Mechanical engineering (HVAC)

22 Mechanical engineering (lifts)


24 Fire safety

25 Fire protection (detection)

26 Fire protection (fire fighting systems)


5) the company has at least 50% of its directors and members, in the case of a company and close corporation respectively, professionally registered as: (tick the appropriate box(es)

Service area Category of registration Act

# Description

1 Occupational health and safety (construction works contracts)

none Not applicable


none Not applicable






















9 Floodline determination Professional engineer or professional engineering technologist





11 Geotechical engineering (general)




South African Council for the Natural Scientific Profession Act, 2003 (Act No. 27 of 2003)


none na

13 Environmental monitoring none na




15 Traffic engineering Professional engineer or professional engineering technologist





















21 Mechanical engineering (HVAC) -



22 Mechanical engineering (lifts) Professional engineer or professional engineering technologist





24 Fire safety Professional engineer or professional engineering technologist


25 Fire protection (detection) Professional engineer or professional engineering technologist





6) The tenderer has a total turnover over during its preceding financial year which is not less than (tick the box(es) for the service areas applied for)

Service area Turnover (Rands)

# Description


2 Occupational health and safety (Risk assessments and AIA surveys) R2,0 million


4 Roads and stormwater facilities management R 2,0 million

5 Roads provision (small works): R 2,0 million


7 Roads provision (large works): R 8,0 million











18 Programme and project management services for the Zibambele Programme R2,0 million










7) the company’s turnover over during its preceding financial year for services falling within the scope of services of the proposed framework contract rendered in South Africa is not less than;

(tick the box(es) for the service areas applied for)

Service area Turnover (Rands) within service area

# Description


2 Occupational health and safety (Risk assessments and AIA surveys) R1,0 million


4 Roads and stormwater facilities management Not applicable














18 Programme and project management services for the Zibambele Programme Not applicable










8) the numbers of professionally qualified staff in the permanent employ of the company capable of providing the required service are:

Category of registered professional e.g. professional engineer

Number in service area for which services are to be provided (state service area)

# # # # # # #

Professional engineer

Professional engineering technologist

Professional engineering technician




Other (state)

9) the contents of this Affidavit are within my personal knowledge, and save where stated otherwise are to the best of my belief both true and correct.

Signed Date

Name Position

Tenderer

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


Evaluation Schedule: Tenderer’s Experience over the last 5 years

Tick the service area(s) which is to be evaluated:

Service area

# Description
























24 Fire safety



The experience of the tenderer as apposed to the key staff members / experts in similar projects or similar areas and conditions in relation to the required service as described in the scope of work over the last five years will be evaluated. Tenderers should very briefly describe his or her experience in this regard in respect of each service area and attach this to this schedule. Separate schedules must be completed for each service area tendered for. The description should be put in tabular form with the following headings: Employer, contact person and telephone number, where available

Description of work (service) Work performed as: JV = joint venture SC = sub consultant

Approximate value of fees for own component of the assignment inclusive of VAT (Rand)*

Date completed

*The fees must exclude sub consultant and joint venture partner fee amounts.


The scoring of the tenderer’s experience will be as follows:

0 Tenderer has submitted no information or inadequate information to determine scoring level.

Poor (score 40)

Tenderer has limited experience

Satisfactory (score 70)

Tenderer has relevant experience but has not dealt with the critical issues specific to the service.

Good (score 90)

Tenderer has extensive experience in relation to the service and has previously provided similar services under similar conditions and circumstances.

Very good (score 100)

Tenderer has outstanding experience in the service required.

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise, confirms that the contents of this schedule are within my personal knowledge and are to the best of my belief both true and correct.

Signed Date

Name Position

Tenderer


Evaluation Schedule: Experience of Principal Consultant


Service area

# Description
























24 Fire safety



The experience of the Principal Consultant will be evaluated i.e. the person who will provide the service or under whose direction the service is to be provided (see scope of work). This will be undertaken in relation to: 1) General experience (total duration of professional activity), level of education and training and positions held

which have a bearing on the service. 2) The education, training, skills and experience in relation to the required service. 3) Knowledge of issues which are pertinent to the service. A CV of the Principal Consultant for each service area of not more than 3 pages must be attached to this schedule. Each CV should be structured under the following headings: 1 Personal particulars

- name - date and place of birth - place (s) of tertiary education and dates associated therewith - professional awards

2 Qualifications (degrees, diplomas, grades of membership of professional societies and professional registrations) 3 Name of current employer and position in enterprise


4 Overview of post graduate experience (year, organization and position) 5 Outline of recent assignments / experience that has a bearing on the required service area 6 Papers and publications The scoring will be as follows: Rating / score General experience and

qualifications in relation to the service

Adequacy for the service

Knowledge of issues pertinent to the service

0 Tenderer has submitted no information or inadequate information to determine scoring level. Poor (score 40)

Principal Consultant has limited levels of general experience

Principal Consultant has limited levels of project specific education, skills, training and experience

Principal Consultant has limited experience of issues pertinent to the service


Principal Consultant has reasonable levels of general experience

Principal Consultant has reasonable levels of project specific education, skills, training and experience

Principal Consultant has reasonable experience of issues pertinent to the service

Good (score 90)

Principal Consultant has extensive levels of general experience

Principal Consultant has extensive levels of project specific education, skills, training and experience

Principal Consultant has extensive experience of issues pertinent to the service


Principal Consultant has outstanding levels of general experience

Key staff have outstanding levels of project specific education, skills, training and experience

Principal Consultant has outstanding experience of issues pertinent to the service


Signed Date

Name Position

Tenderer


Evaluation Schedule: Value add by tenderer


Service area

# Description
























24 Fire safety



The value added by the tenderer in delivering the service will be evaluated i.e. the answer to the question as to why the Employer will derive better value for money by contracting with the tenderer rather than with any other tenderer. Examples of value add include: - internal quality control systems - previous or current work related to the service - depth of in-house expertise apart from that residing in the Principal Consultant - local and international networks with specialist in the field or organisations that have a stake in the field - membership of organisations that can facilitate access to information - linkages to academic research or pertinent organisations - internet or library access to specialist literature - internal libraries and facilities - software packages, proprietary products, etc The tenderer must briefly outline the value add for each service area separately in not more than three pages and attach this to this page. The tenderer should also state what value add other staff members will provide to the service. The scoring of the tenderer’s value added will be as follows:


0 Tenderer has submitted no information or inadequate information to determine scoring level.

Poor (score 40)

Tenderer offers limited value add to the required service


Tenderer offers attractive value add to the required service

Good (score 90)

Tenderer offers very desirable value add to the required service


Tenderer offers exceptional value add to the service required.


Signed Date

Name Position

Tenderer


Tender Assessment Schedule NOTE: All parameters in the Pricing Schedule must be priced for the service area tendered for, irrespective of whether or not the tenderer is likely to make use of the category of staff. Failure to do so will result in the tender not being capable of being evaluated and will result in the tender being declared non-responsive.

The parameters tendered in the Pricing Data shall be reduced to a common base for comparative purposes using the following formula:

Average time charge / hour for tender evaluation purposes = A + B + C + D + E where: A = f1 x (tendered Rate / hour for category I staff) B = f2 x (tendered Rate / hour for category II staff) C = f3 x (tendered Rate / hour for category III staff) D = f4 x (cents per hour / R100 of total cost of employment for category IV staff) x 300 000 / 100 / 100 E = f5 x tendered factor (multiplier) x 350 000 / 12 / 150 f1, f2, f3, f4, and f5 are the weighting factors listed in the tabulation in this schedule for the service area under consideration Note: A value of 0 is assigned to B, C, D or E where the respective category of staff does not apply and is marked “not applicable” in the Pricing Schedule.

For example, assuming that:

• the tendered rates for category I, II and III were R800, R900 and R600 per hour, respectively;

• the tendered cents per hour / R100 of total cost of employment is 12 cents; and • the tendered factor (multiplier) is 1,3.

• f1, f2, f3, f4,and f5 = 0,1; 0,05: 0,25; 0,3 and 0,3 respectively The average time charge for tender evaluation purposes is: 0,1x800 + 0,05x900 + 0,25 x600 + 0,3 x 12 x 300 000/100 /100 + 0,3 x 1,3 x 350 000/12 /150

= R458,83 / hour

Weightings applicable to service areas

Service area Category of staff and weighting factors

# Description I II III IV V


f1 = 0,35 f2 = 0,05 Not applicable

f4 = 0,3 f5 = 0,3



f4 = 0,5 Not applicable



f3 = 0,35 f4 = 0,3 f5 = 0,25


f1 = 0,2 f2 = 0,05 f3 = 0,25 f4 = 0,25 f5 = 0,25

5 Roads provision (small works): f1 = 0,1

Not applicable

f3 = 0,35 f4 = 0,3 f5 = 0,25


Service area Category of staff and weighting factors

# Description I II III IV V

6 Roads provision (medium works): f1 = 0,1

Not applicable

f3 = 0,35 f4 = 0,3 f5 = 0,25

7 Roads provision (large works): f1 = 0,1

Not applicable

f3 = 0,35 f4 = 0,3 f5 = 0,25



Not applicable


9 Floodline determination f1 = 0,9

Not applicable

Not applicable




f3 = 0,35 f4 = 0,3 f5 = 0,25



f3= 0,2 f4 = 0,2 Not applicable




13 Environmental monitoring f1 = 0.1

Not applicable

Not applicable

f4 = Not applicable



f3 = 0,35 f4 = 0,3 f5 = 0,25

15 Traffic engineering f1 = 0.8

Not applicable

Not applicable



f1 = 0.4 f2 = 0,05 f3 = 0,35 f4 = 0,2 Not applicable


f1 = 0.7 Not applicable

Not applicable



f1 = 0,2 f2 = 0,0,5 f3 =0,25 f4 =0,25 f5 =0,25






f4 =0, 20 Not applicable









f4 = 0, 20 Not applicable

24 Fire safety f1 = 0,30 f2 = 0,60

Not applicable


25 Fire protection (detection) f1 = 0,25 f2 = 0,60

Not applicable






Preferencing schedule for Professional Service Framework Contracts

1 Definitions 1.1 The following definitions shall apply to this schedule: BEP: built environment professional related enterprises which provides services related but not limited to consulting engineering, architecture and quantity surveying Black African equity ownership: The percentage of an enterprise or business owned by individuals or, in respect of a company, the percentage of the company’s shares that are owned by black persons who are Africans, who are actively involved in the management of an enterprise or business and exercise control over the enterprise, commensurate with their degree of ownership at the closing date of the tender black owned: an entity in which: a) black people hold more than 50% of the exercisable voting rights as determined under Code series 100; and b) black people hold more than 50% of the economic interest as determined under Code series 100. black person: natural persons who are Africans, Coloureds and Indians who are citizens of the Republic of South Africa by: i) birth or descent; or ii) naturalization occurring:

a) before the commencement date of the Constitution of the Republic of South Africa Act of 1993; or b) after the commencement date of the Constitution of the Republic of South Africa Act of 1993, but who,

without the Apartheid policy would have qualified for naturalization before then. Code: the Broad-Based Black Economic Empowerment Codes of Good Practice issued in terms of the section 9(1) of the Broad Based Black Economic Empowerment Act 53 of 2003, as published in Government Gazette No 29617 of 9 February 2007. Construction Code: the Construction Sector Code issued in terms of Section 9(1) of the Broad Based Black Economic Empowerment Act 53 of 2003, as published in Government Gazette No 32305 of 5 June 2009 entity: a natural or a juristic person conducting a business, trade or profession in the Republic of South Africa exempted micro enterprise: an enterprise which has an annual total turnover of R1,5million or less principal: means a natural person who is a partner in a partnership, a sole proprietor, a director of a company established in terms of the Companies Act, 1973 (Act 61 of 1973) or a member of a close corporation registered in terms of the Close Corporation Act, 1984, (Act No. 69 of 1984), who jointly and severally with his other partners, co-directors or co-members, as the case may be, bears the risk of business and takes responsibility for the management and liabilities of the partnership, company, or close corporation qualifying small enterprise: an enterprise which has an annual total revenue of between R1,5 million and R 11,5 million qualifying small enterprise score card: the scorecard contained in Code series 2800 of the Construction Code start up enterprise: a recently formed or incorporated entity that has been in operation for less than 1 year, but excluding any newly constituted enterprise which is merely a continuation of a pre-existing enterprise.

verification agency: a verification agency accredited by SANAS and recognized as an Accredited B-BBEE Verification Agencies (see www.sanas.co.za/directory/bbee_default.php) 1.2 The definitions contained in the Code and the Construction Code shall have precedence in the interpretation

of any ambiguity or inconsistency with the above definitions.


2 Broad based black economic empowerment as measured in accordance with the Construction Code

2.1 Conditions associated with the granting of preferences 2.1.1 Tenderers who claim a preference shall provide sufficient evidence of their B-BBEE Status in accordance

with the requirements of section 3, failing which their claims for preferences will be rejected. 2.1.2 Verification agencies shall clearly indicate the financial year or the period on which the entity’s B-BBEE

Status is based in any verification certificate that is issued. Certificates which fail to provide this information will be rejected.

2.2 Establishing the B-BBEE status of an enterprises 2.2.1 Exempted micro enterprises 2.2.1.1 An exempted micro enterprise shall be deemed to have the B-BBEE Status of a Level 4 Contributor 2.2.1.2 An exempted micro enterprise with more than 50% ownership by black people shall be deemed to have

the B-BBEE Status of a Level 3 Contributor. 2.2.1.3 An exempted micro enterprise wishing to improve their B-BBEE Status may be measured in terms of the

Qualifying Small Enterprise Scorecard 2.3.1.4 Sufficient evidence of qualification as an Exempted Micro-Enterprise is an auditor’s certificate or similar

certificate issued by an accounting officer or verification agency in respect of the entity’s last financial year or a 12 month period which overlaps with its current financial year.

2.3.1.5 Sufficient evidence of qualification as a Level 3 Contributor shall be a signed affidavit by all of the

principals of the entity declaring that at least 50% of the ownership of the entity is by black people. 2.3.1.6 Sufficient evidence of qualification for a higher B-BBEE status in terms of the qualifying small enterprise

scorecard shall be as stated in 2.3.

2.3 Qualifying small enterprises 2.3.2.1 A qualifying small enterprise’s B-BBEE Status shall be measured in accordance with the Qualifying Small

Enterprise Scorecard in accordance with the relevant provisions of the Construction Code. 2.3.2.2 Sufficient evidence of B-BBEE Status is a certificate issued by a verification agency based on the

performance of the entity during its last financial year or a 12 month period which overlaps with its current financial year.

2.4 Start up Enterprises 2.4.1 Start up enterprises shall be measured as follows for the first year following their formation or

incorporation:

Value of tender including VAT Clause for assessing B-BBEE Status

≤ R 1 500 000 3.1

> R 1 500 000 but < R11 500 000 3.2 based on annualized data

≥ R 11 500 000 3.4 based on annualized data 2.4.2 Sufficient evidence of Start up Enterprises status shall be a certificate issued by an auditor or a verification

agency confirming such status in accordance with the relevant provisions of the Code.


2.5 Enterprises other than micro exempted, qualifying small enterprises or start up enterprises

2.5.1 Enterprises other than micro exempted, qualifying small enterprises or start up enterprises shall be measured

in accordance with the relevant provisions of the relevant provisions of the Construction Code. 2.5.2 Sufficient evidence of B-BBEE Status is a certificate issued by a verification agency based on the performance

of the entity during its last financial year or a 12 month period which overlaps with its current financial year.

3 Black African equity ownership 3.1 Black African equity ownership can only be claimed in respect of private companies and shall be based on

the percentage of equity ownership of black persons who are African. 3.2 The following equity ownership is owned by the following black persons who are Africans

Name ID Number Date obtained South African citizenship

Percentage equity ownership (%)

Total

4 Location of office

4.1 An office, in order to qualify for preference points shall be under the continual direct and personal supervision and control of a person registered in a category(s) of registration for the service area applied for as set out in criteria 3 of clause F.2.1 of the Tender Data and who is permanently located in that office.

4.2 The office is manned by:

Name ID Number Professional category of registration

Registration number

4.3 The address of the office and contact numbers are:

Physical Address Postal address Fax

Telephone


5 Tender preferences claimed I / we claim the following preferences on behalf of my / our firm:

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the firm confirms that he / she understands the conditions under which such preferences are granted and confirms that the tenderer satisfies the conditions pertaining to the granting of tender preferences.

Signature : ...............................................................................................................................………. Name : .......................................................................................................................................……… Duly authorised to sign on behalf of : ............................................................................................……… Telephone : ...................................................................... Fax : ................................................................................ Date : ...............................................................................

Category of preference

Tender evaluation points provided for in the Preferential Procurement Policy Framework Act (Act 5 of 2000)

Preference claimed for Category of Preference (Y=yes)

Broad Based Black Economic Empowerment

• Level one contributor 5,0

• Level two contributor 4,6

• Level three contributor 4,0

• Level four contributor 3,7

• Level five contributor 3,0

• Level six contributor 2,2

• Level seven contributor 1,8

• Level eight contributor 0,4

Black African Equity Ownership

• 100% Black African Equity ownership 2,5

• Greater than or equal to 75% Black African Equity ownership 2,0



Office within eThekwini Municipal Area 2

Office within the province of KwaZulu Natal 0,5

Contract 1 C1.1 Part C1: Agreement and Contract Data Form of Offer and Acceptance




C1.1 Form of Offer and Acceptance

Offer

The Employer, identified in the Acceptance signature block, has solicited offers to enter into Framework contracts for the provision of miscellaneous built environment professional services for the following service areas: (tick appropriate box(es) and initial in column next to box– see Scope of Work for full description of services)

Initial Service area

# Description
























24 Fire safety




The tenderer, identified in the Offer signature block, has examined the documents listed in the Tender Data and addenda thereto as listed in the Returnable Schedules, and by submitting this Offer has accepted the Conditions of Tender.

By the representative of the tenderer, deemed to be duly authorised, signing this part of this Form of Offer and Acceptance the tenderer offers to perform all of the obligations and liabilities of the Consultant under the contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the conditions of contract identified in the Contract Data.

This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and Acceptance and returning one copy of this document including the Schedule of Deviations (if any) to the tenderer before the end of the period of validity stated in the Tender Data, or other period as agreed, whereupon the tenderer becomes the party named as the Consultant in the conditions of contract identified in the Contract Data.

Signature(s)

Name(s)

Capacity

For the tenderer:

Name & signature of witness

(Insert name and address of organisation) Date

Note : Failure of a Tenderer to complete and sign this form will invalidate the tender


Acceptance

By signing this part of this Form of Offer and Acceptance, the Employer identified below accepts the tenderer’s Offer. In consideration thereof, the Employer shall pay the Contractor the amount due in accordance with the conditions of contract identified in the Contract Data. Acceptance of the tenderer’s Offer shall form an agreement between the Employer and the tenderer upon the terms and conditions contained in this agreement and in the contract that is the subject of this agreement.

The terms of the contract, are contained in:

Part C1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance) Part C2 Pricing Data Part C3 Scope of Work in relation to the following services:

Employer’s initials

Service area

# Description
























24 Fire safety



and documents (or parts thereof), which may be incorporated by reference into the above listed Parts.


Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Returnable Schedules as well as any changes to the terms of the Offer agreed by the tenderer and the Employer during this process of offer and acceptance, are contained in the Schedule of Deviations attached to and forming part of this Form of Offer and Acceptance. No amendments to or deviations from said documents are valid unless contained in this Schedule.

The tenderer shall within two weeks of receiving a completed copy of this agreement, including the Schedule of Deviations (if any), contact the Employer’s agent (whose details are given in the Contract Data) to arrange the delivery of any securities, bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the Contract Data. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this agreement.

Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives one fully completed original copy of this document, including the Schedule of Deviations (if any). Unless the tenderer (now Consultant) within five working days of the date of such receipt notifies the Employer in writing of any reason why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract between the Parties.

Signature(s)

Name(s)

Capacity

for the Employer

ENGINEERING UNIT: MUNICIPAL CENTRE 166 KE MASINGA ROAD (formerly OLD FORT RD) DURBAN 4001

Name & signature of witness

Date


Schedule of Deviations

No. Subject Details

1

2

3

4

5

6

7

By the duly authorised representatives signing this agreement, the Employer and the Tenderer agree to and accept the foregoing schedule of deviations as the only deviations from and amendments to the documents listed in the Tender Data and addenda thereto as listed in the returnable schedules, as well as any confirmation, clarification or changes to the terms of the offer agreed by the Tenderer and the Employer during this process of offer and

acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Form shall have any meaning or effect in the contract between the parties arising from this Agreement.

Contract 1 C1.2 Part C1: Agreements and Contract Data Contract Data: Part 1




Part C1.2 Contract Data

The Conditions of Contract are selected from the NEC3 Professional Services Contract (Third edition of June 2005 with amendments June 2006 – see www.neccontract.com/useful_downloads/ NEC_Amendments_June_2006.asp) published by the Institution of Civil Engineers, copies of which may be obtained from Engineering Contract Strategies (telephone 011-803 3008) Each item of data given below is cross-referenced to the clause in the NEC3 Professional Services Contract which requires it.

Part one - Data provided by the Employer

1 General

The conditions of contract are the core clauses and the clauses for main Option:

G: Term contract

dispute resolution Option W1: Dispute resolution procedure

and secondary Options

X1: Price adjustment for inflation

X2 Changes in the law

X7: Delay damages

X9: Transfer of rights

X10 Employer’s Agent

Z: Additional conditions of contract

of the NEC3 Professional Services Contract June 2005 (with amendments June 2006)

10.1 The Employer is (Name): A. PETERS PrENG.

HEAD : ENGINEERING UNIT

Address: MUNICIPAL CENTRE

166 KE MASINGA ROAD (formerly OLD FORT RD) DURBAN 4001

Tel No: 031 311 7003

Fax No: 031 311 6952


11.2(9) The services are for the provision of professional services specified in the Scope and identified in the Acceptance portion of the Form of Offer and Acceptance

11.2(11) The Scope is in the document called Part 3: Scope of Work

12.2 The law of the contract is the law of the Republic of South Africa subject to the jurisdiction of the Courts of South Africa.

13.1 The language of this contract is English

13.3 The period for reply is 2 weeks

13.6 The period for retention is 5 years following Completion or earlier termination.

2 The Parties’ main responsibilities

25.2 The Employer provides access to persons, places and things as stated in the Task Order

3 Time

31.2 The starting date is two weeks after the Consultant receives one fully completed original copy of this contract, including the schedule of deviations (if any) as contained in the Form of Offer and Acceptance

11.2(3) The completion date for the whole of the services is 36 months from the starting date, unless otherwise agreed by the parties

31.1 The Consultant is to submit a first programme for acceptance within the time stated in the Task Order.

32.2 The Consultant submits revised programmes at intervals no longer than the period stated in the Task Order.

4 Quality

40.2 The quality policy statement and quality plan are provided within the period stated in the Task Order.

41.1 The defects date is 26 weeks after Completion of a Task for the services associated with such a Task

5 Payment

50.1 The assessment interval is monthly

50.3 The expenses stated by the Employer are

Item Amount

• plan printing of documents issued to the Employer or to Others for construction or tendering purposes

• photocopying of documents other than general correspondence, minor reports, and contractual reports which are issued to the Employer

• covers and binding of documents issued to the Employer or to others for construction or tendering purposes

• maps, models, presentation materials

market related cost or in accordance with the latest Rates for Reimbursable expenses published on www.publicworks.gov.za/consultants

• parking charges and toll fees within the eThekwini Municipal area;

• casual labour and miscellaneous hand tools and materials

cost

• special equipment required to perform specific aspects of a Task Order which is not included in the staff rates

• specialist studies undertaken by appropriately qualified and competent professionals

• tests and, where applicable, the making good following such test undertaken by specialists or accredited laboratories

open market or competitively tendered prices with all deductions for all discounts, rebates and taxes which can be recovered


vehicle travel within the eThekwini Municipal area in accordance with the latest Rates for Reimbursable expenses published on www.publicworks.gov.za/consultants

51.1 The period within which payments are made is 30 days

51.2 The currency of this contract is the South African Rand.

51.5 The interest rate is the Prime Lending Rate of the Standard bank of South Africa, at the time an interest payment is due.

6 Compensation events No data required for this section of the conditions of contract.

7 Rights to material No data required for this section of the conditions of contract.


8 Indemnity, insurance and liability

8.1.1 The amounts of insurance and the periods for which the Consultant maintains insurance are

Event Cover Period following Completion of the whole of the services or earlier termination

failure by the Consultant to use the skill and care normally used by professionals providing services similar to the services

The following minimum cover in millions of Rand in respect of each claim, without limit to the number of claims in relation to a service area:

Service area Cover (Rands)

# Description


R2,0 million


R2,0 million


4 Roads and stormwater facilities management R2,0 million


6 Roads provision (medium works): R5,0 million









15 Traffic engineering R2,0 million

16 Transport planning and operation R2,0 million



R2,0 million









As long as the Consultant remains in business


death of or bodily injury to a person (not an employee of the Consultant) or loss of or damage to property resulting from an action or failure to take action by the Consultant

R2,0 million in respect of each claim, without limit to the number of claims

0

death of or bodily injury to employees of the Consultant arising out of and in the course of their employment in connection with this contract

That which is prescribed by the Compensation injuries and Diseases Act No. 130 of 1993 as amended and whatever the Consultant deems desirable in addition

0

81.1 The Employer provides the following insurances

none

82.1 The Consultant’s total liability to the Employer for all matters arising under or in connection with this contract, other than the excluded matters, is limited to the amount of the insurance cover which this contract require

9 Termination

No data required for this section of the conditions of contract.

10 Data for main Option clause

G Term contract

21.4 The Consultant prepares forecasts of the total Time Charge and expenses at intervals no longer than 5 weeks.

11 Data for Option W1

W1.1 The Adjudicator is the person selected by the Parties in terms of the relevant Z Clause from the Panel of NEC Adjudicators set up by the Joint Civils Division of the Institution of Civil Engineers and the South African Institution of Civil Engineering (see www.jointcivils.co.za).

W1.2(3) The adjudicator nominating body is the Chairman of the Joint Civils Division of the Institution of Civil Engineering and the South African Institution of Civil Engineering (see www.jointcivils.co.za).

W1.4(2) The tribunal is a South African court of law.

12 Data for secondary Option clauses

X1 Price adjustment for inflation

X1.1 The index is the index published in “Consumer Price Index: index numbers and year on year rates ” as published in the Statistical News Release, P0141 Table B of Statistics South Africa.

The staff rates are:

• fixed at the Contract Date and are not variable with changes in salary are those that are based on a rate per hour.

• variable with changes in salary paid to individuals are those derived from the total annual cost of employment or the daily market related wage.

X2 Changes in the law

X2.1 The law of the project is the law of the Republic of South Africa

X7 Delay damages


X7.1 Delay damages for late Completion of the whole of the services are as stated in the Task Order.

X10 The Employer’s Agent

X10.1 The Employer’s Agent is as stated in the Task Order

The authority of the Employer’s Agent is fully empowered to act on behalf of the Employer for the services covered by the Task Order and will accept, or not accept, the Consultant’s assessment of the amount due in terms of the contract.

Z Additional conditions of contract

The additional conditions of contract are

Z1 Tax invoices The Consultant’s invoice. Delete the first sentence of core clause 50.2 and replace by: Invoices submitted by the Consultant to the Employer include

• the details stated in the Scope to show how the amount due has been assessed, and • the details required by the Employer for a valid tax invoice.

Delete the first sentence of core clause 51.1 and replace by: Each payment is made by the Employer within three weeks of receiving the Consultant’s invoice showing the details which this contract requires or, if a different period is stated in the Contract Data, within the period stated.

Z2 Communications Add to the end of the first sentence in core Clause 13.1: “excluding communication by a communications protocol allowing the interchange of short text messages between mobile telephone devices and a store-and-forward method of writing, sending, receiving and saving messages over the internet.”

Z3 Selection and appointment of the Adjudicator A Party may at any time notify the other Party of the names of two persons he has chosen from the Panel of NEC Adjudicators set up by the Joint Civils Division of the Institution of Civil Engineers and the South African Institution of Civil Engineering (see www.jointcivils.co.za) whose availability to act as the Adjudicator the notifying Party has confirmed. The other Party selects one of the two persons chosen to be the Adjudicator within four days of receiving the notice, failing which the person chosen by the notifying Party will be the Adjudicator. The Parties appoint the selected Adjudicator under the NEC3 Adjudicator’s Contract, June 2005.

Notification of a compensation event Replace “eight weeks” in clause 61.3 with “four weeks”.





Part C1.2 Contract Data

The Consultant is advised to read the NEC3 Professional Service (Third edition of June 2005 with amendments June 2006 – see www.neccontract.com/useful_downloads/ NEC_Amendments_June_2006.asp) and the associated Guidance notes and flow charts, published by the Institution of Civil Engineers, in order to understand the implications of this Data which is required to be completed. Copies of these documents may be obtained from the South African Institution of Civil Engineering (telephone 011-805 5947) or Engineering Contract Strategies (telephone 011-803 3008). Each item of data given below is cross-referenced to the clause in the NEC3 Professional Service Contract to which it mainly applies.

Part two - Data provided by the Consultant

Clause Statement

10.1 The Consultant is (Name):

Address

Tel No.

Fax No.

Email:

22.1 The Consultant’s key persons are:

1 Name:

Job: Principal Consultant

Responsibilities: Provide the service or direct the services which are provided (see scope of work)

info Qualifications and CV – see CV is appended to Evaluation Schedule entitled “Experience of Principal Consultant”

11.2(13) The staff rates are as stated in the Pricing Data:

50.3 The expenses stated by the Consultant are none.

G Term contract

11.2(25) The task schedule is in the Task Order

Contract 1 C2 Part C2: Pricing Data Pricing Data




C2: Pricing Data

C2.1 Pricing assumptions

C2.1.1 Staff rates

1) The Consultant shall be paid under Option G (Term Service) for services performed, unless competition is reopened in accordance with the Scope of Work, and the Consultant is instructed in terms of the Task Order to provide the services in terms of Option A or Option C. Where services are performed in terms of Options A and C, the staff rates in the Pricing schedule shall form the basis for the assessment of compensation events.

2) If staff category II or III does not apply to the Consultant, and such category is required to be priced, the Consultant shall tender the same rate as that for category I in respect of these categories.

3) The staff rates are the prices charged for staff and shall include for all the costs to the Consultant, including basic salary, any additional payments or benefits and social costs, overhead charges incurred as part of normal business operations including the cost of management, as well as payments to administrative, clerical and secretarial staff used to support professional and technical staff in general and not on a specific project only.

4) The total annual cost of employment of a person is the total amount borne by the Consultant in respect of the employment of such a person per year, calculated at the amounts applicable to such a person at the time when the services are rendered, including basic salary, or a nominal market related salary, fringe benefits not reflected in the basic salary, including normal annual bonus; Consultant’s contribution to medical aid; group life insurance premiums borne by the Consultant; the Consultant’s contribution to a pension or provident fund; and all other benefits or allowances payable in terms of a letter of appointment, including any transportation allowance or company vehicle benefits, telephone and / or computer allowances, etc; and amounts payable in terms of prevailing legislation.

5) The staff rates for salaried technical staff (category IV) shall not exceed the staff rate for the lowest hourly rate i.e. the lowest hourly rate for category I, II or III, as relevant.

6) The staff rates include all protective clothing and all standard equipment including computers, and software used to perform the services.

7) An appropriately registered person in the case of staff category III staff is one who is registered in a category of registration required in the eligibility criteria in F2.1 of the Tender Data relating to the directors and members, in the case of a company and close corporation respectively.

8) The rates for categories of staff I to V in the Pricing Schedule include all accommodation, subsistence allowance and all travelling costs incurred by travelling to the eThekwini Municipal area from any of the Consultant’s offices or a staff member’s residence located outside of the eThekwini Municipal Area.

Note: A subsistence allowance is an amount intended to cover incidental costs incurred by reason of living away from home, such as the cost of meals, liquid refreshments, phone calls, internet access, laundry and job-related out of pocket expenses that are not paid for in terms of the contract.

C2.1.2 Expenses

1) Vehicle travel may only be claimed in respect of travel by the Consultant’s staff from within the eThekwini Municipal area to either the jobsite or the Employer’s offices. All travel costs outside of the eThekwini Municipal area are included in the staff rates.

2) Accommodation, car hire, air travel, train travel and subsistence allowances are not expenses and are included in the staff rates.


C2.1 Pricing schedule

The staff rates are:

Category Basis of staff rate, excluding VAT

Tendered parameter

I Principal consultant (key person named in the Contract Data) who will provide the services or under whose direction the services are to be provided.

Rate per hour in Rand

Rand

II Professionals who provide technical, legal or financial advice at a level of specialization where such advice is recognized by their peers as being that of an expert


Rand

III Professional staff, who are appropriately registered with a statutory council with adequate expertise and relevant experience, who carry direct professional responsibility for one or more specific activities related to the services.


Rand

IV Salaried technical staff with adequate expertise and relevant experience performing work with direction and control provided by any person contemplated in categories I, II or III, as applicable.

Rate per hour in Rand based on cents per hour for every R100 total annual cost of employment

Cents

V Site staff with adequate expertise and relevant experience who are responsible for construction monitoring activities on a full time basis

Rate per month based on factor times total annual cost of employment divided by 12

Factor (multiplier)

The staff rates in respect of each service area are as follows:

Service area Category of staff and tendered parameter

I II III IV V

# Description Rand per hour Rand per hour Rand per hour Cents per hour / R100 of total cost of employment

Factor (multiplier) (i.e. a number greater than 1,0)


R …………… R ………….. Not applicable ………….c …………………..


R …………… R ………….. Not applicable ………….c Not applicable


R …………… Not applicable R ………….. ………….c …………………..


R …………… R …………… R ………….. ………….c …………………..

5 Roads provision (small works): R …………… Not applicable R ………….. ………….c

…………………..

6 Roads provision (medium works): R …………… Not applicable R ………….. ………….c

…………………..


7 Roads provision (large works): R …………… Not applicable R ………….. ………….c

…………………..


R …………… Not applicable Not applicable ………….c Not applicable








R …………… R …………… Not applicable ………….c Not applicable





15 Traffic engineering R …………… Not applicable Not applicable ………….c Not applicable


R …………… R …………… R …………… ………….c Not applicable




R …………… R …………… R ………….. ………….c …………………..


R............ Not applicable R............ ………….c Not applicable









24 Fire safety R............ Not applicable R............ ………….c Not applicable





Contract 1 C3 Part C3: Scope of work Scope of work




C3: Scope of work

1 Employer’s objectives The Employer’s objective in entering into framework contracts to provide a range of professional services over a three year term anywhere in the eThekwini Municipal area, on an as and when instructed basis, is to have available a pool of qualified Consultants who are contracted to serve the Employer’s needs and requirements for commonly encountered professional services whenever such services are required.

2 Task Orders 2.1 The Employer has entered into a number of framework agreements with Consultants, following a competitive selection process, for professional services for a term of 3 years. 2.2 A unit or department within eThekwini requiring services falling within the scope of a framework contract, may following the preparation of a Task Order in accordance with the Employer’s procurement procedures: a) issue the Task Order in accordance with the terms of the framework contract to the Consultant who is

most suited to provide the service in the best interest of the Employer; or b) reopen competition amongst all Consultants having a framework contract for a particular practice area

by inviting all such Consultants to submit quotations in terms of standardised documentation approved by the bid specification committee and in accordance with the framework contract.

2.3 Where competition is re-opened, Consultants will be remunerated in terms of Option A (Priced Contract with Activity Schedule) or Option C (Target Contract) 2.4 Quotations shall be invited in accordance with the latest edition of the CIDB Standard Conditions of Tender and the Task Order shall be issued to the Consultant submitting the quotation which scores the highest number of points. 2.5 Consultants can only be issued with Task Orders to Provide the Services within the term of the framework contract. Task Orders may, however, have a completion date which extends beyond the term of the framework contract. 2.6 The Task Orders shall indicate who the Employer’s Agent is. The Employer’s Agent is fully empowered to act on behalf of the Employer for the services covered by the Task Order. The Employer’s Agent will accept, or not accept, the Consultant’s assessment of the amount due in terms of the contract. 2.7 The Task Orders will provide details of the precise nature of the services required and any task specific requirements.

3 Consultant performance reporting 3.1 The Employer’s Agent responsible for a particular Task Order is required, within 10 working days of the submission of the final Consultant’s invoice for services associated with the Task Order, to evaluate the Consultant’s performance in completing a Task by completing the evaluation form in Annexure A. 3.2 The Employer’s Agent in reviewing the Consultant’s performance shall consider whether satisfactory


progress was affected by matters outside or within the Consultant’s control. The assessment shall be made, after taking into account matters beyond the Consultant’s control. 3.3 The Consultant shall be given a copy of each performance report and be given 10 working days to respond to its content, if necessary. The Employer’s Agent shall address any issues raised by the Consultant and respond in writing within 10 working days of receipt of such response. 3.3 The Consultant may thereafter appeal the scoring of the Employer’s Agent to the head of a unit or department who shall delegate an independent official to review the score and correspondence and, if necessary communicate with the Consultant and Employer’s Agent, individually or separately. The score allocated by such an official shall be final and no further representations shall be entertained.

3.4 The Employer may change the evaluation form, in which case the Consultant will be furnished with a copy of the revised form before or at the time that a Task Order is issued.

4 Description of the services

Service area # 1: Occupational health and safety services (construction works) The services relate to the implementation of occupational health and safety regulations in construction works including: 1) the provision of advice relating to the Employer’s compliance with the Occupational Health and Safety

Act, 1993, and the Construction Regulations issued in terms of this Act in relation to construction works contracts;

2) the development of health and safety specifications for the client in order to satisfy the requirements of

the Construction Regulations; 3) the development / assessment of health and safety plans for principal contractors; and 4) the performance of any or all of the following in relation to a construction works contract in order to

facilitate contractor compliance with the Act and its Regulations:

• facilitate the completion of the detailed health and safety file and ensure that it is available for scrutiny by auditors and the Department of Labour;

• completion of health and safety legal appointments; • inspection of job sites and notification of deficiencies in writing;

• undertaking risk assessments, health and safety inspections and surveys and maintaining a record of such activities in writing;

• writing of safe work procedures following risk assessments and inspections; • conducting induction and safety training;

• preparing fall protection plans and scaffolding standards;

• setting up fire prevention and emergency planning procedures and systems; • reporting of all incidents, accidents, injuries, illnesses, environmental hazards, imminent danger,

and near misses immediately;

• incident investigation and recording to determine root cause; and

• health and safety performance monitoring.

Service area # 2: Occupational health and safety services (Risk assessments and AIA surveys) The services relate to occupational health and safety risk assessments and AIA surveys including: 1) the provision of health and safety risk assessments in the workplace including the:

• scrutinizing work processes in terms of different tasks and operations within the municipality;

• assessing raw materials and supplies;


• hazard identification in terms of work processes;

• risk identification; • risk assessment;

• developing a risk profile;

• PPE needs assessment;

• safe work procedure development; and • dealing with risks; and.

2) the provision of Approved Inspection Authority surveys including those relating to:

• noise surveys as per approved inspection authority requirements in terms of Occupational Health and Safety Act of 1993, and the Compensation for Occupational Injuries and Diseases Act, 1994;

• ventilation surveys;

• dust surveys and employee exposure; • chemical exposure monitoring;

• ergonomic assessments; and • major hazard installation risk assessment.

Service area # 3: Gravel road maintenance and construction The services relate to road maintenance and construction projects involving regravelling, betterment and route alignment including as necessary: 1) services relating to the development of a strategic brief setting out the package information and a

concept report setting out the integrated concept for a package including

• on-site inspections and preliminary investigations; • collation of available data (including drawings, plans, and existing service details);

• compilation of basic planning reports;

• evaluation of environmental impacts and application for Environmental Impact Assessments; and • preparation of conceptual designs and cost estimates.

2) services relating to the development of the design development report and production information

including:

• the design for earthworks and wearing course layers on route realignments;

• geometric designs; • the design of associated drainage improvements;

3) the preparation of procurement documentation in accordance with statutory requirements; 4) the evaluation of expressions of interest and / or tender submissions and the preparation of

evaluation reports; 5) the preparation of contract documents; 6) the administration of construction works contracts in accordance with the provisions of such contracts

including;

• the co-ordination of contractors, service organizations and related municipal departments;

• chairing of site meetings (progress and service liaison) and maintaining minutes of meetings; and • the monitoring of project costs so that they remain within budget or contractual limits and

preparation of reports where additional funds / authorisations are required. 7) construction monitoring services including

• the acting as the Engineer’s representative / Supervisor’s delegate on site in terms of the stipulated form of contract;

• construction monitoring and quality control ensuring compliance with the provisions of the


construction works contract; and

• the enforcing of compliance with occupational health and safety requirements.

Service area # 4: Roads and stormwater facilities management The service relates to the outsourcing of the management of various priority public precincts within the Municipality. The facilities to be managed include: 1) the maintenance and repair of roads – patching of potholes within 48 hours, general rehabilitation

patching over isolated sections of road; 2) refreshing road line marking and replacing damaged road signage; 3) maintenance of stormwater inlets and stormwater lines through the cleaning of blocked stormwater

inlets, cleaning of stormwater pipes, high pressure jetting of stormwater lines etc; 4) regular road and pavement sweeping and the removal of litter, illegal posters and graffiti; and the

maintenance and upkeep of green spaces including verge maintenance, weed clearing and grass cutting and removal

The services includes the development of performance specifications for each priority zone and the assessment and definition of the necessary infrastructural requirements.

Service area # 5: Roads provision (small works) The services relates to the provision of sidewalks and footpaths, road widenings, the provision of bus / taxi laybyes and minor road intersection improvements including as necessary: 1) services relating to the development of a strategic brief setting out the package information and a

concept report setting out the integrated concept for a package; 2) services relating to the development of the design development report and production information; 3) the preparation of procurement documentation in accordance with statutory requirements; 4) the evaluation of expressions of interest and / or tender submissions and the preparation of


including;


• chairing of site meetings (progress and service liaison) and maintaining minutes of meetings; and • the monitoring of project costs so that they remain within budget or contractual limits and

preparation of reports where additional funds / authorisations are required; and 7) construction monitoring services including


• construction monitoring and quality control ensuring compliance with the provisions of the construction works contract; and



Service area # 6: Roads provision (medium works) The services relate to major road intersection improvements, urban road upgrades, new urban roadways and rural road upgrades / EPWP projects including as necessary: 1) services relating to the development of a strategic brief setting out the package information and a

concept report setting out the integrated concept for a package; 2) services relating to the development of the design development report and production information; 3) the preparation of procurement documentation in accordance with statutory requirements; 4) the evaluation of expressions of interest and / or tender submissions and the preparation of


including;


• chairing of site meetings (progress and service liaison) and maintaining minutes of meetings; and

• the monitoring of project costs so that they remain within budget or contractual limits and preparation of reports where additional funds / authorisations are required; and

7) construction monitoring services including




Service area # 7: Roads provision (large works) The services relate to major road upgrades and new major roadways including as necessary: 1) services relating to the development of a strategic brief setting out the package information and a concept report setting out the integrated concept for a package; 2) services relating to the development of the design development report and production information; 3) the preparation of procurement documentation in accordance with statutory requirements; 4) the evaluation of expressions of interest and / or tender submissions and the preparation of evaluation reports; 5) the preparation of contract documents; 6) the administration of construction works contracts in accordance with the provisions of such contracts including;

• the co-ordination of contractors, service organizations and related municipal departments; • chairing of site meetings (progress and service liaison) and maintaining minutes of meetings; and

• the monitoring of project costs so that they remain within budget or contractual limits and preparation of reports where additional funds / authorisations are required; and


• the acting as the Engineer’s representative / Supervisor’s delegate on site in terms of the stipulated


form of contract;



Service area # 8: Stormwater modelling (PCSWMM) This service relates to stormwater modelling including : 1) the estimation, determination and mapping of the existing and proposed stormwater infrastructure in

primarily urban stormwater catchments and subcatchments to determine and estimate the rates and volumes of stormwater runoff and the likely risks or causes of flooding by developing deterministic urban water systems models using PCSWMM software for advanced watershed, stormwater and wastewater modeling;

2) the determination of actual stormwater events and developing stormwater hyetographs for rainfall in

the eThekwini municipal area; and 3) the proposing and modelling solutions to flooding events in the form of attenuation areas,

environmental impacts and interventions to the existing drainage networks to remove or resolve flooding problems. Calibration of models and rainfall events and catchment runoff.

Service area # 9: Floodline determination This service relates to the determination of floodlines including: 1) the determination of catchment runoffs for existing and future land-use development scenarios; 2) the determination of the hydraulic characteristics of the associated rivers and streams to produce

representative floodlines within a HEC-RAS computer model simulation of various storms from 1:2 to 1:200 year or longer recurrence intervals;

3) the collation and estimation of all the hydraulic and hydrologic information of the catchments and

associated rivers and streams and structures; 4) the modelling of the floodlines for the requisite intervals and providing the information and working

HEC-RAS models and all associated profiling data, photographic records and information; and 5) the presentation of all data and information in the correct format for incorporation and amalgamation

with the municipal GIS system.

Service area #10: Design and installation of stormwater infrastructure The services relate to the provisions of urban and rural stormwater drainage systems and associated infrastructure including pipes, lined canals, concreted culverts and all stormwater associated structures or attenuation features including as necessary: 1) services relating to the development of a strategic brief setting out the package information and a

concept report setting out the integrated concept for a package; 2) services relating to the development of the design development report and production; 3) the preparation of procurement documentation in accordance with statutory requirements; 4) the evaluation of expressions of interest and / or tender submissions and the preparation of

evaluation reports; 5) the preparation of contract documents;


6) the administration of construction works contracts in accordance with the provisions of such contracts including;


• the monitoring of project costs so that they remain within budget or contractual limits and preparation of reports where additional funds / authorisations are required.





Service area # 11: Geotechnical engineering (general) The geotechnical services include: 1) specialist advice on:

• the behaviour of earth materials;

• the determination of the physical / mechanical and chemical properties of subsurface conditions and materials that are relevant to a project;

• the risks posed by site conditions to humans, property and the environment, and • the design of earthworks and foundations for structures;

2) the monitoring of site conditions, earthwork and foundation construction; 3) geotechnical design including:

i) bearing capacity and settlement analysis; ii) soil and rock slope stability assessments; iii) design of piles and pile groups; iv) excavations; and v) dewatering

. 4) geotechnical site investigations; and 5) the procuring of the services of service providers to undertake the necessary drilling, testing,

sampling, excavation and backfilling, and reinstatement of the site. The geotechnical site investigations shall comprise the evaluation of the geotechnical character of a site any where within the eThekwini Municipal area in the context of existing or proposed works or land usage, which may include one or more of the following:

a) evaluation of the geology and hydrogeology of the site; b) examination of existing geotechnical information pertaining to the site; c) systematic description of the soil and rock profiles; d) determining the depth of any fill that might be present; e) in-situ assessment of geotechnical properties of materials; f) recovery of samples of soil or rock for examination, identification, recording, testing or display; g) testing of soil or rock samples to quantify properties relevant to the purpose of the investigation;


h) evaluation of geotechnical properties of tested soils; and i) reporting the results.

Service area #12: Environmental impact assessments The services include all the work that is necessary to enable eThekwini Municipality to satisfy legislative requirements relating to the protection, management and sustainable utilization of the natural environment, including, but not limited to: 1) environmental impact assessments (basic assessment reports and full environmental impact

assessments) which includes amongst others the undertaking or ensuring the undertaking of specialist studies and relevant stakeholder engagement processes and liaison with relevant authorities, in accordance with the requirement of the National Environmental Management Act (and amendments) and the National and Provincial Environmental Impact Assessment (EIA) regulations,

• the development of environmental management plans in accordance with the requirements of the National and Provincial EIA regulations,

• the management of statutory processes surrounding the environmental authorisations, and • the assessment of risk and the development of risk mitigation plans.

2) assist with obtaining other relevant environmental permits relating to a project and as required by law. Tasks associated with the service may include any or all of the following tasks: Task 1: Description of the proposed project: Provide a brief description and location of the proposed project, using maps (at appropriate scale), plans and photographs where necessary. Provide background information including a description of the need for and objectives of the proposed project. Summarise the scope of the basic assessment/EIA and timing in relation to project preparation, design, and approval. Task 2: Description of the environment: Assemble, evaluate and present baseline data on the relevant environmental characteristics of the study area. Include information on any changes anticipated before the project commences. The description of the existing environment should identify as appropriate:

• the conditions of the physio-chemical, biological and human environment prior to the implementation of the project;

• the spatial boundaries within which the environment has been considered; and

• environmental sensitive areas of special or unique scientific, socio-economic or cultural value that may be affected by the proposed project.

Project location and existing land use should include:

• the description of the project including the exact location of the proposed project with clear co-ordinates (maps when necessary);

• existing land use constraints; and

• the description of the proposed project site in relation to any environmentally sensitive receptors and areas.

Task 3: Legislative and regulatory considerations: Identify the regulations and guidelines governing the EIA and/or specify the content of the legislation. Describe the pertinent regulations, standards and policies governing environmental quality, health and safety, protection of sensitive areas, protection of endangered species, land use control, etc. Task 4: Determination of the potential impacts of the proposed project: Distinguish between significant positive and negative impacts, direct and indirect impacts, and short, medium and long-term impacts. Identify impacts that are unavoidable or irreversible. Wherever possible, describe impacts quantitatively, in terms of environmental costs and benefits.


Task 5: Analysis of alternatives to the proposed project: Describe alternatives that were examined in the course of developing the proposed project and identify other alternatives which would achieve the same objective. Task 6: Development of environmental management plan to mitigate negative impacts: Recommend feasible and cost-effective measures to prevent or reduce significant negative impacts to acceptable levels and describe the actions necessary to implement them. The environmental management plan should also consist of a detailed plan to monitor the implementation of mitigation measures and the impacts of the project during pre-construction, construction and operation. Task 9: Public/NGO participation and inter-governmental co-ordination: Describe the strategy and arrangements for obtaining the views of interested and affected parties including public and private sectors, government departments and local NGOs etc. as well as record keeping of meetings and other activities, communications and comments. Task 10: Compilation of background information documents, basic assessment, scoping and EIA reports.

Service area # 13: Environmental monitoring The services relate to the independent monitoring of environmental requirements during construction in accordance with legislative requirements.

Service area #14: Civil engineering services for low cost townships The services relate to the provision of the civil engineering services for low income housing such as roadworks (local access roads, cul-de-sacs and access loops and taxi / bus collector routes, sidewalks and footpaths, road widenings; provision of bus / taxi laybyes and minor road intersection improvements), stormwater drainage, sewer reticulation, water reticulation and bulk earthworks for house platforms including: 1) services relating to the development of a strategic brief setting out the package information and a

concept report setting out the integrated concept for a package; 2) services relating to the development of the design development report and production; 3) the preparation of procurement documentation in accordance with statutory requirements; 4) the evaluation of expressions of interest and / or tender submissions and the preparation of


including;


• the monitoring of project costs so that they remain within budget or contractual limits and preparation of reports where additional funds / authorisations are required.






8) the management of allied specialist consultants (e.g. environmental, geotechnical, traffic, structural etc) where these specialists are required.

Service area # 15: Traffic engineering The services relate to the planning, monitoring, geometric design and traffic operations of roads, streets, motorways, their networks and their relationships with other modes of transportation for the safe, efficient and convenient movement of people and goods including conceptual and detailed design of traffic layouts, traffic calming and road safety improvements and traffic impact assessments.

Service area # 16: Transport planning and operation The services relate to transportation planning and operation activities such as, but not limited to: 1) general transportation planning (public transport, roads, freight, travel demand management); 2) public transport operations (route design and analysis and monitoring) 3) transport economics and financial analysis specifically related to transport; 4) business plan development with a transport emphasis; 5) GIS development and modelling in relation to transportation systems; 6) traffic modelling and forecasting; 7) ITS and area traffic control systems; 8) traffic data collection and analysis; and 9) road safety plan development, accident reports and studies.

Service area # 17: Bridge maintenance inspections The services relate to bridge inspections which are required for the routine updating of the Bridge Management System and are carried out in accordance with the system requirements for uniformity of inspections.

Service area # 18: Programme and project management services for the Zibambele Programme The Ethekwini Municipality introduced the Zibambele Programme to create work opportunities for its most destitute citizens by providing them with maintenance contracts on their roads. The Zibambele Programme has become an integral part of the Roads and Stormwater Maintenance Department’s operations. There are currently 6300 Zibambele contractors appointed. Their task is to carry out low intensity maintenance on an allocated section of road or stream. Zibambele contractors are deployed in approximately 50 of the Municipality’s 100 wards. Overseers, coordinators, team leaders and programme management personnel are required to manage this process efficiently through both efficient administration and site supervision. Overseers are selected from within the local community, while coordinators and team leaders are recruited based on a minimum qualification of a National Diploma (S3) and (S4) respectively. The Zibambele Programme’s main outputs are the efficient and timeous payment of the Zibambele Programme beneficiaries and the monitoring and reporting on their performance and attendance. Each overseer monitors approximately 50 Zibambele Contractors. A coordinator supports approximately 440 Contractors and 9 overseers. Team Leaders are responsible for approximately 1 600 contractors and 4 Coordinators. The various programme and project management activities that the Consultant will be responsible for in the Zibambele Program include :


1) the accurate and efficient management of the programme including the timeous and accurate

reporting on the Programme to the Employer; 2) administrative responsibilities such as the management of the beneficiary data sets, spatial data sets

and regular reporting by those involved within the programme; 3) the retention of secure electronic records of all beneficiary details such as personal particulars,

relevant images, performance, spatial and payment data, which are accessible at all times by the Employer through a web based browse;

4) the maintaining of accurate and auditable records of payments to beneficiaries and the making of

payment to beneficiaries in a manner acceptable to the Employer; 5) the performance monitoring of the Programme according to specific key performance indicators

prescribed by the Employer; 6) the submission of routine reports on a regular basis and reflective reports on specific issues on an ad

hoc basis; and 7) the assumption of duties as the employer’s agent in terms of Regulation 4 of the Construction

Regulations issued in terms of Occupational Health and Safety Act of 1993.

Service area #19 Structural engineering (buildings) The services include: a) planning, designing, reviewing and certification of the construction of buildings and structures or any

component thereof to ensure structural safety and structural serviceability performance during their working life in accordance with legislative requirements and in the environment in which they are located when subject to their intended use in terms of one or more of the following: i) external and internal environmental agents; ii) maintenance schedule and specified component design life; or iii) changes in form or properties; and

b) performing duties in terms of a contract with a contractor who constructs, repairs or maintains the

structural systems of buildings or structures; and c) providing advice and specifying procedures relating to the maintenance and repair of structural

systems and components thereof.

Service area #20 Electrical engineering (buildings) The services include: a) the planning, designing, reviewing and certification of the electrical installation or in or surrounding a

building or structure in accordance with legislative requirements. b) performing duties in terms of a contract with a contractor who installs or maintains electrical

installations or components thereof in buildings or structures; and c) providing advice and specifying procedures relating to the maintenance and repair of electrical

installations or components thereof in buildings.

Service area #21 Mechanical engineering (HVAC) The services include: a) the planning, designing, reviewing and certification of the heating, ventilation and cooling (HVAC)


installation in a building in accordance with legislative requirements. b) performing duties in terms of a contract with a contractor who installs or maintains HVAC installations

or components thereof in buildings; and c) providing advice and specifying procedures relating to the maintenance and repair of HVAC

installations or components thereof in buildings.

Service area #22 Mechanical engineering (lifts) The services include: a) the planning, designing, reviewing and certification of vertical and inclined transport in a building or

structure in accordance with legislative requirements. b) performing duties in terms of a contract with a contractor who installs or maintains vertical and inclined

transport or components thereof in buildings; and c) providing advice and specifying procedures relating to the maintenance and repair of vertical and

inclined transport or components thereof in buildings.

Service area #23 Mechanical engineering (ammonia plants) The services include: a) the planning, designing, reviewing and certification of ammonia plants in accordance with legislative

requirements. b) performing duties in terms of a contract with a contractor who installs or maintains ammonia plants or

components thereof; and c) providing advice and specifying procedures relating to the maintenance and repair of ammonia plants

or components thereof.

Service area #24 Fire safety This service includes

a) advice in satisfying the fire protection provisions of Part T of the National Building Regulations in applying the deemed to satisfy rules; and

b) the development and overseeing the implementation of a rational design which satisfies the fire safety requirements of the National Building Regulations based on an engineering approach to fire safety which involves a qualitative design review, quantitative design review, and assessment against criteria in accordance with recognised fire engineering standards.

Service area #25 Fire protection (detection) The services include: a) the planning, designing, reviewing and certification of fire detection and alarm systems in a building or

structure in accordance with legislative requirements. b) performing duties in terms of a contract with a contractor who installs or maintains fire detection and

alarm systems or components thereof in buildings or structures; and c) providing advice and specifying procedures relating to the maintenance and repair of or component


fire detection and alarm systems thereof in buildings.

Service area #26 Fire protection (fire fighting systems) The services include: a) the planning, designing, reviewing and certification of automatic sprinkler systems and fixed automatic

fire-fighting systems in a building in accordance with legislative requirements; b) performing duties in terms of a contract with a contractor who installs or maintains automatic sprinkler

systems and fixed automatic fire-fighting systems or components thereof in buildings or structures; and

c) providing advice and specifying procedures relating to the maintenance and repair of automatic

sprinkler systems and fixed automatic fire-fighting systems or components thereof in buildings.

5 Requirements The Consultant shall in the provision of the services observe all relevant statutes, by-laws and associated regulations, standards of professional conduct and industry norms established in relevant South African national standards published in terms of the Standards Act of 2008 or standards recommended by professional associations.

6 Facilities and equipment to provided by the Employer No facilities or equipment are provided by the Employer.

7 Invoices The invoices that are submitted shall be VAT invoices. Such invoices shall be accompanied by a daily activity sheet covering the time charges together with a brief explanation as to what the time covered and a full breakdown of expenses to which receipts relate.


Annexure A: Consultant performance report

Task order particulars

Unit / Department : Task order no: Contract no: Date:

Consultant particulars:

Name: Name of persons overseeing task order services:

Tel: email:

Employer’s Agent particulars:

Name: Tel: email:

Performance area Evaluation to arrive at a rating (tick or check appropriate box and fill in value in brackets in rating column)

Description Weighting

(1)

Rating

(2)

Score

(1)x(2)

Unsatisfactory (-1 ) Acceptable (0) Good (1) Superior (2)

Time management based on task order programme

Note: The requirements for, acceptance of and revisions to programmes are fully described in clause 31 and 32 of the NEC3 Professional Service Contract

A Key Date is the date by which work is to meet a condition. Key Dates are included in the Task Order issued to a Consultant.

0,1 less than 60% of programme milestones / Key Dates are met

at least 60% of programme milestones / Key Dates are met

most programmed milestones / Key Dates met

all programmed milestones / Key Dates met

0,1 programme repeatedly not adhered to

few deliverables submitted later than 4 weeks after programmed dates

most deliverables submitted not more than one week after programmed dates.

timely submission of all deliverables

Standard of service

Note: A defect is defined in the NEC3 Professional Service Contract as a part of the services which is not in accordance with the Scope or the applicable law.

0,1 significant defects encountered

some defects encountered

very minor defects encountered

no defects encountered or rework


Performance area Evaluation to arrive at a rating (tick or check appropriate box and fill in value in brackets in rating column)

Description Weighting

(1)

Rating

(2)

Score

(1)x(2)

Unsatisfactory (-1 ) Acceptable (0) Good (1) Superior (2)

Deployment of staff 0,3 staff had gaps in competence and experience

balanced staff complement with suitable experience

competent and experienced staff that improved outputs of Task

competent and experienced staff that added significant value to the outputs of the Task

Project budget control

Note: The project budget includes, as necessary, the cost of providing the service, specialist services and the construction works

0,2 unrealistic control budget put in place

realistic control budget put in place

realistic control budget put in place and regularly updated

accurate control budget put in place and regularly updated

Co-operative relationships 0,1 struggled to communicate

communicated issues coherently and within reasonable time frames

communicated issues promptly and succinctly

communicated issues promptly and succinctly, focusing on the critical issues

0,1 struggled to resolve issues

resolved issues with some difficulty

resolved issues with little difficulty

proactive in resolving issues through open and effective communication

Total score - -

Performance descriptor (based on total score) (Check or tick appropriate box)

poor < -0,5 adequate > -0,5 to 0,5 good > 0,5 to 1,5 excellent > 1,5

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

Signature of Employer’s Agent