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Tshwane North TVET College

52 Pretorius Street

Pretoria

0002

Date: Monday, 09 September 2019

TNC MAMELODI CAMPUS ABLUSION PROJECT. 2019

SCOPE OF WORK AND SPECIFICATION

Compiled by: Ms. R Mothokgo

Tel: 072 731 8087

Email: ratanang.mothokgo@tnc.edu.za

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Introduction

Tshwane North Technical and Vocational Education and Training (TVET) College is one of

the 50 Public TVET Colleges in South Africa. Tshwane North TVET College is situated in the

Greater Tshwane Metropolis area of Gauteng. It consists of a Corporate Office situated in

the inner city of Pretoria and six delivery sites (campuses) namely: Mamelodi; Pretoria;

Temba; Rosslyn and Soshanguve South and North Campuses.

Campus Background

The campus has well over 2000 students coming in daily for their various courses and practical

works. This campus has been there for more than 20 years, although the structures are in

good condition and the campus well maintained, one can never run away from the constant

need to upgrade sanitation services.

Ablution facilities at the college are as vital as the classrooms where teaching and learning

takes place, therefore, having to always replace and maintain existing toilets is not effective

anymore due to the condition the toilets are in. Therefore, to ensure that this vital immovable

asset is in good working condition and requires less maintenance, the ablution project was

formed.

With this project, the aim is to fix leakages, change toilet system and pans, ensure showers

and all urinals are working.

Contract type:

This is a maintenance project and all tender conditions of service are to be followed by the

contractor. The JBCC Principal works agreement will be used during execution of the works.

Scope of work:

Preparing walls to receive paint, including scraping off old tile peelings, filling in cracks

and applying primer to treated areas, then painting to walls.

Taking out steel doors and replacing with new wooden doors.

Removing old WHB and the Installation of new granite (Rustenburg) basins

Removal of existing toilet sets and flush mechanism, Installation of flush-master

mechanism

Install new toilet sets.

Taking out existing tile and replacing with new wall and floor tiling

Wall alterations

Installation of electrical components i.e, lights, hand dryers, toilet paper holders,

automatic sanitizer.

Painting to steel window frames and servicing such windows.

Fixing/replacement of roof coverings and roof trusses.

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Execution period It is anticipated that the total time for this project is 12 weeks only, unless disruptions due to

uncontrollable circumstances such as protests, bad weather.

Conditions of contract: The contractor is expected to fulfil his contract in accordance with the conditions of contract

set out herein and in the contracts document signed post appointment/award.

The contractor shall:

When notified of the acceptance of tender, commence to build the works on the date

for possession of the site and carry out the works in accordance with the contract

documents, to the reasonable satisfaction and in accordance with the written

instructions of the project manager

Provide all of the necessary materials, labour, plant and equipment to build the

works, including water and electricity, etc for the works and build the works as set out

in these contract documents

Comply with all applicable statutory provisions and local authority requirements

Insure his workmen and employees against death or injury arising out of the

execution of the works

In the event of a loss leading to a claim against the insurance policies stated in

clause 4.0.1, pay the first amount (excess) as stated in the schedule of each such

claim to the employer. Such amounts may be deducted from any payment due by the

employer to the contractor

Comply with all written instructions of the project manager to make variations to the

works

Complete and hand over the works by the date for practical completion stated in the

schedule, or any extensions thereof.

Make good at his own expense all incomplete and defective work within the period of

liability for defects

To Pay to the employer any penalty for delay as due to the employer on demand by

the principal agent. Such amounts may be deducted from any payment due by the

employer to the contractor.

To transfer related trade skills in during project execution phase to Tshwane north

college students, selected by the college and paid for by the college, for a minimum

of 4 weeks, 20 contact days.

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To source materials and labor from the same neighborhood or ward as the site as

part of skills development and increasing economic activity within that area.

IMPROPER CONDUCT BY THE CONTRACTOR

The contractor hereby warrants that he has not made, nor shall he make any

promises to any person of the employer, nor to any relative or business associate or

political associate of the employer to do or not to do anything as an inducement to

award this contract to the contractor nor to allow any other such wrongful inducement

to gain an advantage in the carrying out of the contract. Such conduct is hereby

deemed to be improper conduct.

The establishment by the employer or project manager of proof of improper conduct

by the contractor shall be grounds for immediate cancellation of the contract by the

employer and of payment by the contractor to the employer of any loss suffered by

the employer due to such cancellation

EMPLOYER'S OBLIGATIONS

The employer shall:

Hand over the site to the contractor and point out boundary pegs on the date of possession of the site

Make payment to the contractor for the work as certified by the principal agent and as set out herein

Take possession of the works when the works have been completed by the contractor

PROJECT MANAGER'S DUTIES

The project manager shall:

Regularly inspect the works to satisfy himself that it is being built as shown/described in the contract documents.

Give any instructions and/or explanations and/or variations to the contractor including any relevant advice to assist the contractor to understand the contract documents

Certify payment to the contractor for work done and, in the discretion of the principal agent, for materials delivered to the site.

Grant or refuse any extension of time requested by the contractor to the date of practical completion.

Inspect the works to decide when it is at the stage of practical completion and, when satisfied, certify that practical completion has occurred.

Inspect the works to decide when it is at the stage of final completion and, when

satisfied, certify that final completion has occurred.

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Decide on the settlement of any disputes that may arise between the contractor and

the employer.

DELAY AND EXTENSION OF TIME: PENALTY

If the carrying out of the works is delayed by bad weather, public disorder or any

other reason decided by the principal agent at his sole discretion to be reasonable,

then the date for practical completion of the works is to be extended by the period so

decided by the principal agent

If the delay is due to causes that are the fault of the contractor, then the principal

agent may certify this fact in writing to the contractor and to the employer and the

employer may then withhold penalties from the contractor as set out in clause

DEFAULT BY CONTRACTOR

If the contractor:

Stops work on site for more than 14 days and or

Fails, in the opinion of the project manager, to carry out the works with reasonable

diligence and/or

Refuses to comply with an instruction issued by the principal agent

Then the employer shall, by notice in writing, inform the contractor of such default

and, if such default shall continue for a further period of 7 days, cancel this contract

and employ others to complete the works. The cost of such work by others shall be a

debt due by the contractor to the employer, whereupon no further payment will be

due to the contractor by the employer until the works are completed by the

replacement contractor(s) and the contractor’s.

Final account and that of the replacement contractor(s) have been ascertained and

any loss to the employer arising from the cancellation has been identified. Such loss

shall be deducted from any payment due by the employer to the contractor, including

payments from the retention fund.

DEFAULT BY THE EMPLOYER

If the employer fails to make payment for work properly done by the contractor as provided

for in this contract and the contractor issues a notice in writing to the employer and the

employer does not pay within 30 days of such notice in waiting, then the contractor may,

without prejudice to any other rights he may have, cancel the contract, stop work and clear

the site. The contractor shall thereupon be entitled to payment in full, as assessed by the

principal agent, for the work done and materials supplied, up to the said date of cancellation

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RETENTION FUND

The employer shall withhold from the contractor 10% (ten per cent) of all payments

made before the issuing of the certificate of practical completion as a retention fund.

No interest is to be paid to the contractor on the retention fund. The retention fund

shall be held by the employer as a guarantee to the employer for the completion of

the contract

The retention fund shall be paid to the contractor on the issuing of the certificate of

final completion (90 days after practical completion).

FINAL ACCOUNT

The final value of the works shall be determined by the calculation of omissions and

additions to the contract sum as caused by the effect of variations. The valuation of such

omissions and additions shall be based on the rates in the bills of quantities or schedule of

rates as the case may be. A draft final account shall be prepared by the project manager or

his nominee within 30 days of the issue of the certificate of final completion for approval by

the contractor.

The contractor shall review the draft final account and shall make any adjustments as may

be necessary and shall return it to the Project manager within 30 days. Thereupon the

principal agent shall issue a final payment certificate taking into account any monies due to

the contractor which amount shall be paid in full and final settlement of all monies due by the

employer to the contractor.

PENALTY

The contractor shall be liable to pay a penalty to the employer for the number of days the

works, in the opinion of the principal agent, remains incomplete beyond the date for practical

completion as stated in the schedule, taking into account the contractor's entitlement to an

extension of time. Such penalty may be deducted from any monies due or to become due to

the contractor from the employer, including from the retention fund

PAYMENT

The Project manager shall issue full or partial payment certificates to the contractor for

payment by the employer depending on the agreement entered into in terms of payment

schedule.

SPECIALIST WORK

The employer may directly employ specialist contractors to do work such as electrical

installation, clear Vu fencing, etc, on site whilst the works are in progress. The contractor

shall allow such specialist contractors to do their work as and when needed and shall make

available all facilities to enable such work to be properly done to the satisfaction of the

principal agent

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PRACTICAL COMPLETION AND FINAL COMPLETION

The principal agent shall be the sole judge of when the works reach the stage of Practical

completion. When the works have reached practical completion the principal agent shall

issue a certificate of practical completion, together with a list of any incomplete and defective

work. After the end of the period of liability for defects the principal agent shall inspect the

works and, if satisfied that all works are complete and defects rectified, shall issue the

certificate of final completion

Immediately the said list is issued to the contractor, he shall do all of the work indicated on

the list, failing which the provisions of clause shall be invoked by the project manager.

CLAUSE HEADINGS

The headings of clauses do not form part of the meaning of words or of the conditions of this

contract.

ENTIRE AGREEMENT

This contract constitutes the entire agreement between the employer and the contractor and

no alteration shall be of any force unless reduced to writing, signed by the parties and

appended hereto

DISPUTES

Should any dispute arise between the contractor and the employer or between the contractor

and the project manager, acting on the employer's behalf, as to any matter or thing arising

as the result of this contract, then the dispute is to be referred to the resolution and final

decision of a person nominated by the chairman of the Association of Arbitrators (Southern

Africa).

Either party may give a notice in writing to the other party of such dispute and forthwith

request the identification of the arbitrator. Such arbitration shall be held in accordance with

the Recommended Rules for the Conduct of Arbitration’s published by the Association of

Arbitrators (Southern Africa). The arbitrator shall be entitled to open up any matter and

decide all disputes placed before him by the parties as an expert. The arbitrator's decision

shall be final and binding on the parties to this contract

SPECIAL CONDITIONS

Contractor shall be responsible for the safety of his employees on site, ensuring

adequate safety measures and insurance against loss of life. The college shall not be

held responsible for anything that happens on site while contractor has taken

occupancy.

Contractor shall be liable for any bodily injuries and/or loss of life that occurs due to

any part of the works on site including contractor staff negligence and failure to

barricade any open excavations and the like.

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Contractor shall be responsible for the implementation of 30% labour employed from

the community where in the site lies, to source 35% of the project material from

within the community and to transfer business skills to the community by allowing

30% of the works to be sub contracted.

1.5% of the project works shall be set aside for skills development of Tshwane North

college students from trades: Brick laying and tiling, plumbing works, electrical works

and landscaping where applicable. Contractor is to monitor and sign log books for a

minimum period of 4 weeks (20 working days) to the expense of the employer.

Contractor shall provide for only the installation of floor and wall tiling including tools

and equipment used for the installation. The employer shall procure tiles according to

measurements submitted by the contractor and approved by the Project manager, it

is thus the responsibility of the contractor to ensure correct measurement and safe

keeping of the remaining materials supplied at the end of every day.

Upon receipt of any such material provided by the employer, all responsibility lies

with the contractor, and there shall be no claim of theft, the replacement thereof shall

be the responsibility of the contractor unless there is substantial proof that the

students and staff of the college were involved in the theft.

Materials specification

1. Union Bathroom Indicator Bolt Satin

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1.2. Door handles

Main entrance door handles and lock sets: QS4429 CYL 225x40x60mm for cylinder lock.

Handle: COUPE OULU, With

1.3. Union Push Plate 152mm Euro SS

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2. Main doors (Solid timber doors with bottom louve)

3. Granite basins to all bathrooms. (Rustenburg granite)

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4. 1. Flushing mechanism (Concealed flushmaster)

4.2. Service and/or replace Urinal Flush master mechanism

5. Vandal proof shower head

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6. Urinal complete.

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7. Pointer Floor Based Toilet set complete. 8. Push in type tap

9. Wood look tile.

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10. Lighting:

Dustproof 1,2m Double LED Tube Fittings (2 Pack)

11. Outdoor lighting: 400 W Halogen Floodlight