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ALFRED NZO DISTRICT MUNICIPALITY
BID NOTICE
SERVICING OF MOUNT AYLIFF PERI URBAN STANDS: WATER AND SEWER PHASE 2D –LUBHALASI & SANTOMBE BULK WATER
SUPPLY AND RESERVOIR
CONTRACT NO: ANDM/IDMS-PMU/199/12/05/16
BIDDER:
CLOSING DATE: 13th September 2016
CLOSING TIME: 12:00 noon
PREPARED FOR: PREPARED BY: THE MUNICIPAL MANAGER ALFRED NZO DISTRICT MUNICIPALITY SIZO ENGINEERING & MANAGEMENT SERVICES PRIVATE BAG X511 NO. 15 KENNINGTON ROAD MOUNT AYLIFF NAHOON 4735 5241 Tel: 039 254 5000 Tel: [043] 735 3337 Fax: 039 254 0343 Fax: [086] 604 7880
Alfred Nzo District Municipality
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: Agreement and Contract Data
C1.1 Form of Offer and Acceptance
C1.2 Contract Data
C1.3
C1.4
C1.5
Form of Guarantee
Retention Money Guarantee
Agreement in Terms of Occupational Health and Safety Act, 1993
Part C2: Pricing data
C2.1 Pricing Instructions
C2.2 Activity Schedule or Bills of Quantities
Part C3: Scope of Work
C3.1
C3.2
Project Data
Project Specifications
Part C4: Other Information
C4.1
C4.2
C4.3
Environmental Management Plan
Health and Safety Specification
Monthly Reporting Templates
C4.4 Drawings
Servicing of Mount Ayliff Peri Urban Stands : T1 – Tendering procedure
Water and Sewer Phase 2D – Lubhalasi & Santombe Bulk Water Supply And Reservoir
Tender No: ANDM/IDMS/PMU-199/12/05/16 1
TENDER NOTICE AND INVITATION TO
TENDER
Servicing of Mount Ayliff Peri Urban Stands : T1 – Tendering procedure
Water and Sewer Phase 2D – Lubhalasi & Santombe Bulk Water Supply And Reservoir
Tender No: ANDM/IDMS/PMU-199/12/05/16 2
ALFRED NZO DISTRICT MUNICIPALITY
SERVICING OF MOUNT AYLIFF PERI URBAN STANDS: WATER AND SEWER PHASE 2D – LUBHALASI & SANTOMBE BULK WATER MAINS AND
RESERVOIRS
BID NO.:ANDM/IDMS-PMU/199/12/05/16
Alfred Nzo District Municipality (ANDM) invites suitably experienced Contractors to submit their bids for the Servicing of Mount Ayliff Peri Urban Stands. The works will comprise the following:
i) 700 x 63mm diameter rising main.
ii) 3500m x 50mm gravity main.
iii) 1 x 300KL reservoir;
iv) 1 x 100KL reservoir.
v) Stream and donga crossings
A scope of works and design philosophy is described in the Scope of Works section of the Bid Document.
DOCUMENTATION
Copies of the bid documents may be obtained from the offices of Alfred Nzo District Municipality, Erf 1400
Ntsizwa Street, Mount Ayliff, from Monday 15th
August 2016. A non-refundable deposit of R500.00
(either cash or bank guaranteed cheque in favour of Alfred Nzo District Municipality) is required per
document.
Compulsory briefing meeting and site visit:
A compulsory clarification meeting will be held on the 16th
August 2016 in Mount Ayliff at ANDM’s offices at 11H00, and will be followed by a compulsory site visit where the signing of Site Visit Certificate and attendance registers will be done.
Notes to Prospective Bidders / Compulsory Submissions: • All prospective bidders should be registered (or be eligible to register) on the Alfred Nzo District
Municipal data base. • All bids submitted should remain valid for 90 days after the bid closing date. • All bidders should be registered with CIDB, minimum of 6CE, or 5CE PE, or Higher is
required. • Original Valid Tax Clearance Certificate must be attached • Submission of a BBBEE certificate issued by a Verification Agency accredited by SANAS or a
Registered Auditor and Certified copies of original company registration documents and ID documents of members
• Company profile with traceable references.
Servicing of Mount Ayliff Peri Urban Stands : T1 – Tendering procedure
Water and Sewer Phase 2D – Lubhalasi & Santombe Bulk Water Supply And Reservoir
Tender No: ANDM/IDMS/PMU-199/12/05/16 3
• All the forms (e.g. Declaration of Bidder’s Past Supply Chain Management Practices, Compulsory Enterprise Questionnaire, etc.) contained by the tender document must be completed in full, an failure to do so will result in disqualification,
• All returnable documents as stated in the bid document should be complied with. • The Alfred Nzo District Municipality is not bound to accept the lowest or any bidder. • Latest Audited Financial Statements for any tender price over R10million • Letter of Good Standing from the Bank for all the tender prices below R10million. • Joint Venture agreement should in CIDB JV agreement format. PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT NO 5, 2000 (PPPFA) POINTS WILL BE AWARDED AS FOLLOWS:- The bid will be evaluated in two stages namely:
Stage 1 - Functionality
Stage 2 - Price and BBBEE Certification Only Bidders who score 70% or more on stage 1 would be evaluated further and therefore eligible for the award.
Item Weight
Stage 1 of Evaluation- Functionality 100
Company Experience with respect to similar projects 40
Experience of key staff assigned to the contract 30
Resources to execute the works 15
Availability of key plant and equipment 15
Stage 2 of Evaluation- Price & B-BBEE 100
Price 90
B-BBEE 10
BID CLOSING Completed tender document (and any supporting documents) must be placed in a sealed envelope, and clearly marked “Servicing of Mount Ayliff Peri Urban Stands – Water and Sewer Phase 2D Lubhalasi & Santombe Bulk Water Supply and Reservoirs”” and be deposited in the Municipal Tender Box at Alfred Nzo District Municipality (Reception area), Erf 1400 Ntsizwa Street, Mount Ayliff at 12h00 noon on or before the 13
th September 2016, where bids will be opened in public shortly
afterwards at ANDM Conference Centre. On that day all the received bids will be opened in public at ANDM Conference Centre, tenders will be valid for 90 calendar days from this closing date. Late, incomplete, telegraphic, or facsimile tenders will not be considered. The Council is not bound to accept the lowest or any tender or to furnish reasons for its decisions. Tenders not submitted in properly sealed and marked envelopes and / or deposited in the tender box as prescribed in this notice on the date and time indicated will NOT be opened or considered. And any assistance in completing partly or full of bid from ANDM Official or Councillor will result in disqualification of bid.
BID ENQUIRES
Enquiries should be directed to:
1. Mr D Dlokweni at 039 254 5080 / 082 229 9318 email [email protected]
2. Mr Z Mani at 039 254 5059 email [email protected]
lfred Nzo district Municipality Erf 1400 Ntsizwa Street. Mount Ayliff 4735
Servicing of Mount Ayliff Peri Urban Stands : T1 – Tendering procedure
Water and Sewer Phase 2D – Lubhalasi & Santombe Bulk Water Supply And Reservoir
Tender No: ANDM/IDMS/PMU-199/12/05/16 4
YOU ARE HEREBY INVITED TO TENDER FOR THE
SERVICING OF MOUNT AYLIFF PERI URBAN STANDS: WATER AND SEWER PHASE 2D – LUBHALASI & SANTOMBE BULK WATER SUPPLY AND
RESERVOIRS TO THE REQUIREMENTS OF THE ALFRED NZO DISTRICT MUNICIPALITY
BID NUMBER: ANDM/IDMS-
PMU/199/12/05/16 CLOSING
DATE: 13th September 2016
CLOSING TIME:
12h00 noon
DESCRIPTION: Approximately 700 x 63mm diameter rising main, 3500m x 50mm gravity main, 1 x 300KL reservoir, 1 x 100KL reservoir, Stream and donga crossings
- The successful tenderer will be required to fill in and sign the Form of Offer and Acceptance. - Tender documents must be deposited in the tender box situated at Ntsizwa Street, Mount Ayliff.
- Tenderers should ensure that tenders are delivered timeously to the correct address. If the tender is
late, it will not be accepted for consideration. - The tender box is generally open 24 hours, 7 days a week.
- All tenders must be submitted on the official forms – (not to be re-typed)
THE FOLLOWING PARTICULARS MUST BE FURNISHED
(FAILURE TO DO SO MAY RESULT IN YOUR TENDER BEING DISQUALIFIED)
Name Of Tenderer
Postal Address
Street Address
Telephone Number Code: Number:
Cellphone Number
Facsimile Number Code: Number:
Vat Registration Number
Has an original tax clearance certificate been submitted (MBD 2)? YES / NO
Are you the accredited representative in South Africa for the
good/Services offered
YES / NO
(IF YES ENCLOSE PROOF)
SIGNATURE OF TENDERER
DATE
CAPACITY UNDER WHICH THIS TENDER IS SIGNED
TOTAL TENDER PRICE
Servicing of Mount Ayliff Peri Urban Stands : T1 – Tendering procedure
Water and Sewer Phase 2D – Lubhalasi & Santombe Bulk Water Supply And Reservoir
Tender No: ANDM/IDMS/PMU-199/12/05/16 5
T.1.2 - TENDER DATA
Servicing of Mount Ayliff Peri Urban Stands : T1 – Tendering procedure
Water and Sewer Phase 2D – Lubhalasi & Santombe Bulk Water Supply And Reservoir
Tender No: ANDM/IDMS/PMU-199/12/05/16 6
T1.2 Tender Data
The conditions of tender are the Standard Conditions of Tender as contained in Annex F of Board Notice 86 of 2010 in Government Gazette No. 33239 of 28 May 2010, Construction Industry Development Board (CIDB) Standard for Uniformity in Construction Procurement. (see www.cidb.org.za) which are reproduced without amendment or alteration for the convenience of tenderers as an Annex to this Tender Data. 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. The additional conditions of tender are:
Clause number
Tender Data
F.1.1 The employer is ALFRED NZO DISTRICT MUNICIPALITY
F.1.2 The tender documents issued by the employer comprise: T1.1 Tender notice and invitation to tender T1.2 Tender data T2.1 List of returnable documents T2.2 Returnable schedules Part 1: Agreements and contract data C1.1 Form of offer and acceptance C1.2 Contract data C1.3 Form of Guarantee C1.4 Adjudicator’s Contract Part 2: Pricing data C2.1 Pricing instructions C2.2 Activity schedules / Bills of Quantities Part 3: Scope of work C3 Scope of work Part 4: Site information C4 Site information
The following documents and standards form part of this tender but is not issued by the
Employer. It is the Tenderer’s responsibility to obtain these documents or to make
arrangements with the Employer’s agent to view these documents on appointment.
General Conditions of Contract for Construction Works (Second Edition) 2010 as
prepared by the South African Institution of Civil Engineering (SAICE) shall apply to
and form the General Conditions of Contract for this contract. This copy does not
available in this document. Copies of these conditions of contract are obtainable
from the South African Institution of Civil Engineering (SAICE), Private Bag X200,
Halfway House 1685, Tel: (011) 805 5947, Fax: (011) 805 5971, e-mail:
The SABS 1200 Standardised Specifications for Civil Engineering Construction
SANS 10396: 2003 Implementing Preferential Construction Procurement Policies
using Targeted Procurement Procedures
SANS 1921: 2004 Construction and Management requirements for works standards
and associated specification data are applicable:
- SANS 1921-1:2004 General Engineering and Construction Works
- SANS 1921-2:2004 Accommodation of Traffic on Public Road
Servicing of Mount Ayliff Peri Urban Stands : T1 – Tendering procedure
Water and Sewer Phase 2D – Lubhalasi & Santombe Bulk Water Supply And Reservoir
Tender No: ANDM/IDMS/PMU-199/12/05/16 7
- SANS 1921-6:2004 HIV/AIDS Awareness
These documents are obtained separately and tenders shall obtain their copies at their own cost from the SABS offices, Private Bag X 191, Pretoria, 0001. Tel no. (012) 428 6883, Fax (012) 428 6928, email: [email protected]
F1.3.2 The Standard Conditions of Tender, the Tender Data, List of Returnable Documents and Returnable Schedules which are required for tender evaluation purposes, shall form part of the Contract arising from the invitation to tender.
F.1.4 The employer’s agent is: Name: SIZO ENGINEERING & MANAGEMENT SERVICES Address: No.15 Kennington Road, Nahoon, 5245 Tel: 043 735 3337 Fax: 086 604 7880 Contact Person: Mrs S Booi E-mail: [email protected]
F.2.1 The following tenderers who are registered with the CIDB, or are capable of being so registered prior to the evaluation of submissions, are eligible to submit tenders: a) contractors who have a contractor grading designation equal to or higher than a
contractor grading designation determined in accordance with the sum tendered for a 7 CE or 6 CE PE class of construction work; and
b) contractors registered as potentially emerging enterprises with the CIDB who are registered in one contractor grading designation lower than that required in terms of a) above and who satisfy the following criteria: i) The Employer, following an interview with the management of the enterprise, is
satisfied that the enterprise has the potential to develop and qualify to be registered in a higher contractor grading designation; and
ii) The Employer, following a risk assessment, is able to provide the necessary supportive measures required to enable the enterprise to successfully execute the contract.
Joint ventures are eligible to submit tenders provided that: 1. every member of the joint venture is registered with the CIDB; 2. the lead partner has a contractor grading designation in the 6 CE class of construction
work; and 3. the combined contractor grading designation calculated in accordance with the
Construction Industry Development Regulations is equal to or higher than a contractor grading designation determined in accordance with the sum tendered for a 6 CE class of construction work.
F.2.1 Only those tenderers who are registered with the CIDB, or are capable of being so prior to the evaluation of submissions, in a 6 CE class of construction work and are registered with the CIDB as having a track record, are eligible to submit tenders.
F.2.7 The arrangements for a compulsory site meeting are as stated in the Tender Notice and Invitation to Tender. Tenderers must sign the attendance list in the name of the tendering entity. Addenda will be issued to and tenders. Such addenda will be received only from those tendering entities appearing on the attendance list. It is the Bidders responsibility to ensure that the Contact details are correct/accurate and clearly recorded on the attendance register at compulsory briefing.
F2.11 Add the following to the clause: Erasures and the use of masking fluid are prohibited.
Servicing of Mount Ayliff Peri Urban Stands : T1 – Tendering procedure
Water and Sewer Phase 2D – Lubhalasi & Santombe Bulk Water Supply And Reservoir
Tender No: ANDM/IDMS/PMU-199/12/05/16 8
F.2.12
If a tenderer wishes to submit an alternative tender offer, the only criteria permitted for such alternative tender offer is that it demonstrably satisfies the Employer’s standards and requirements, the details of which may be obtained from the Employer’s Agent. Calculations, drawings and all other pertinent technical information and characteristics as well as modified or proposed Pricing Data must be submitted with the alternative tender offer to enable the Employer to evaluate the efficacy of the alternative and its principal elements, to take a view on the degree to which the alternative complies with the Employer’s standards and requirements and to evaluate the acceptability of the pricing proposals. Calculations must be set out in a clear and logical sequence and must clearly reflect all design assumptions. Pricing Data must reflect all assumptions in the development of the pricing proposal. Acceptance of an alternative tender offer will mean acceptance in principle of the offer. It will be an obligation of the contract for the tenderer, in the event that the alternative is accepted, to accept full responsibility and liability that the alternative offer complies in all respects with the Employer’s standards and requirements. The modified Pricing Data must include an amount equal to 5% of the amount tendered for the alternative offer to cover the Employer’s costs of confirming the acceptability of the detailed design before it is constructed.
F.2.13.3 Parts of each tender offer communicated on paper shall be submitted as original, plus 0 copies.
F.2.13.5 F2.15.1
The employer’s address for delivery of tender offers and identification details to be shown on each tender offer package are:
Bid Box at the SCM Unit at
Alfred Nzo District Municipality Erf 1400 Ntsizwa Street
Mount Ayliff 4735
F.2.13 F.3.5
A two-envelope procedure will not be followed.
F2.14
Add the following to the clause:
The Tenderer is required to enter information in the following sections of the document
Tender Cover Page
Section T1.1 : MBD1 Invitation to Tender
Section T2.2 : Returnable Schedules
Section C1.1 : Form of Offer and Acceptance
Section C1.2 : Contract Data (Part 2)
Section C2.2 : Bill of Quantities
Section C2.3 : Technical Data Sheets
The above sections shall be signed by the Tenderer (and witnesses where required).
Individual pages should only be initialled by the successful Tenderer and by the witnesses
after acceptance by the Employer of the Tender Offer.
The Tenderer shall complete and sign the Form of Offer prior to the submission of a Tender
Offer.
Accept that failure on the part of the Tenderer to submit any one of the Returnable
Servicing of Mount Ayliff Peri Urban Stands : T1 – Tendering procedure
Water and Sewer Phase 2D – Lubhalasi & Santombe Bulk Water Supply And Reservoir
Tender No: ANDM/IDMS/PMU-199/12/05/16 9
Documents listed in F2.23 will result in a tender offer being regarded as non-responsive.
The Schedule of Deviations (if applicable) shall be signed by the successful Tenderer after
acceptance by the Employer of the Tender Offer.
Accept that the Employer shall in the evaluation of tender offers take due account of the
Tenderer’s past performance in the execution of similar engineering works of comparable
magnitude, and the degree to which he possesses the necessary technical, financial and
other resources to enable him to complete the Works successfully within the contract period.
The Tenderer shall satisfy the Employer and the Engineer as to his ability to perform and
complete the Works timeously, safely and with satisfactory quality, and furnish details in
Section T2.2 of contracts of a similar nature and magnitude which they have successfully
executed in the past.
Accept that the Employer is restricted in accordance with the OHS Act, 1993 (Act No. 85 of
1993) and the Construction Regulations, 2003, Clause 4(4), as applicable, to only appoint a
contractor whom he is satisfied has the necessary competencies and resources to carry out
the work safely.
Accept that submitting inferior and inadequate information relating to health and safety shall be regarded as justifiable and compelling reasons not to accept the Tender Offer of the Tenderer scoring the highest number of tender evaluation points.
F.2.15 The closing time for submission of tender offers is as stated in the Tender Notice and Invitation to Tender.
F.2.15.1 Add to this clause: Telephonic, telegraphic, telex, facsimile or e-mailed tender offers will not be accepted.
F.2.16 The tender offer validity period is 12 weeks (90 calendar days).
Add the following to the clause:
If the tender validity expires on a Saturday, Sunday or public holiday, the tender shall remain valid and open for acceptance until the closure of business on the following working day.
F2.16.3
Add the following to the clause:
Accept that should the Tenderer unilaterally withdraw his tender after the closing time for tenders, the Employer shall, without prejudice to any other rights he may have, be entitled to accept any less favourable tender for the Works from those received, or to call for fresh tenders, or to otherwise arrange for execution of the Works, and the Tenderer shall pay on demand any additional expense incurred by the Employer on account of the adoption of the said courses, as well as either the difference in cost between the tender withdrawn (as corrected in terms of clause F3.9 of the Conditions of Tender) and any less favourable tender accepted by the Employer, or the difference between the tender withdrawn (as corrected) and the cost of execution of the Works by the Employer as well as any other amounts the Employer may have to pay to have the Works completed.
F2.17 Add to the clause:
The total of the prices stated by the tenderer shall be binding upon the tenderer.
F.2.18 Add the following to the clause:
Notwithstanding F2.23, submit within 7 days from receipt of a written request by the
Employer, a full report from his banker as to his financial standing. The Employer may, at its
Servicing of Mount Ayliff Peri Urban Stands : T1 – Tendering procedure
Water and Sewer Phase 2D – Lubhalasi & Santombe Bulk Water Supply And Reservoir
Tender No: ANDM/IDMS/PMU-199/12/05/16 10
discretion, condone any failure to comply with the foregoing condition.
Provide, on written request by the Employer, where the tendered amount inclusive of VAT
exceeds R 10 million:
i.) audited annual financial statement for 3 years, or for the period since establishment if
established during the last 3 years, if required by law to prepare annual financial
statements for auditing;
ii.) a certificate signed by the tenderer certifying that the tenderer has no undisputed
commitments for municipal services towards a municipality or other service provider in
respect of which payment is overdue for more than 30 days;
iii.) particulars of any contracts awarded to the tenderer by an organ of state during the
past five years, including particulars of any material non-compliance or dispute
concerning the execution of such contract;
iv.) a statement indicating whether any portion of the goods or services are expected to be
sourced from outside the Republic, and, if so, what portion and whether any portion of
payment from the municipality or municipal entity is expected to be transferred out of
the Republic.
vi.) The tenderer shall, when requested by the Employer to do so, submit the names of all
management and supervisory staff that will be employed to supervise the labour-
intensive portion of the works together with satisfactory evidence that such staff
members satisfy the eligibility requirements.
vii.) Where a tenderer satisfies CIDB contractor grading designation requirements through
joint venture formation, such tenderers must submit the proof of Contractor Registration
in respect of each partner
Accept that the Employer or his agent, reserves the right to approach the Tenderer’s banker or guarantor(s) as indicated in the tender document, or the bankers of each of the individual members of any joint venture that is constituted for purposes of this Contract, with a view of ascertaining whether the required guarantee will be furnished, and for purposes of ascertaining the financial strength of the Tenderer or of the individual member of such venture.
F2.23 All certificates and information, as per T2.1 and T2.2 of the tender document are to be
provided with the tender offer as well as:
1. Returnable Schedules required for tender evaluation purposes
A. Alfred Nzo District Municipality Joint Venture Disclosure Form B. Compulsory Enterprise Questionnaire C. Record of Addenda to Tender Documents D. Proposed Amendments and Qualifications E. Schedule of Sub-contractors F. Schedule of Plant and Equipment G. Schedule of the Tenderer’s Experience (work undertaken for other institutions) H. Schedule of work undertaken for Alfred Nzo District Municipality. I. Curriculum Vitae of Key Personnel (Academic qualifications and Professional Registration Certificates required) - Contracts Manager
Servicing of Mount Ayliff Peri Urban Stands : T1 – Tendering procedure
Water and Sewer Phase 2D – Lubhalasi & Santombe Bulk Water Supply And Reservoir
Tender No: ANDM/IDMS/PMU-199/12/05/16 11
- Site Agent - Foreman - Health and Safety Officer
2. Other documents required for tender evaluation purposes A. 1) Certificate of Contractor Registration issued by the Construction
Industry Development Board. 2) Certificate of Good Standing with the Compensation Commissioner B. Valid Current Tax Clearance Certificate (MBD 2) C. Where the tendered amount inclusive of VAT exceeds R 10 million audited
annual financial statement for 3 years, or for the period since establishment if established during the last 3 years, if required by law to prepare annual financial statements for auditing;
D. Proof that the Tenderer’s Municipal Rates and Taxes are not in arrears for more than three (3) months;
E. Particulars of any contracts awarded to the tenderer by an organ of state during the past five (5) years, including particulars of any material non-compliance or dispute concerning the execution of such contract;
F. A statement indicating whether any portion of the goods or services are expected to be sourced from outside the Republic, and, if so, what portion and whether any portion of payment from the municipality or municipal entity is expected to be transferred out of the Republic.
G. Certificate of bidder’s visit to the site. H. Certificate of Authority for Signature. I. Alterations by bidder. J. Surety and Bank Details. K. Details of Alternative tender submitted L. Company Composition. M. Company Registration N. Declaration of Interests (Kinship, Relationship with persons employed by
ANDM). O. Declaration of Interest (in the Service of the State) (MBD 4). P. Declaration Of Bidder’s Past Supply Chain Management Practices (MBD 8) Q. Certificate of Independent Bid Determination (MBD 9) R. Declaration For Procurement Above R10 Million (VAT) Included) (MBD 5) S. Declaration (Validity of Information Provided). T. Bank rating reference
3. Adjudication of Tenders MBD 6.1: Preference Schedule (Broad-Based Black Economic Empowerment
(B-BBEE) Status Level of Contribution)
F3.2 Add the following to the clause:
Notwithstanding any requests for confirmation of receipt of Addenda issued, the tenderer shall be deemed to have received such addenda if the employer can show proof of transmission thereof (or a notice in respect thereof) via electronic mail, facsimile or registered post.
F.3.4 Tenders will be opened immediately after the closing time for tenders at ALFRED NZO DISTRICT MUNICIPALITY at Erf 1400 Ntsizwa Street, Mount Ayliff
F.3.11 The procedure for the evaluation of responsive tenders is Method 2 The financial offer will be scored using Formula 2 (option 1) where the value of W1 is: 1) 90 where the financial value inclusive of VAT of all responsive tenders received have a
value in excess of R1 000 000; or 2) 80 where the financial value inclusive of VAT of one or more responsive tender offers
equals or is less than R1 000 000.
Servicing of Mount Ayliff Peri Urban Stands : T1 – Tendering procedure
Water and Sewer Phase 2D – Lubhalasi & Santombe Bulk Water Supply And Reservoir
Tender No: ANDM/IDMS/PMU-199/12/05/16 12
F3.11.8 The Preferential Procurement Regulations, 2011 pertaining to the Preferential Policy
Framework Act, Act No 5 of 2000, the act including all related circulars and amendments at
date of tender will apply to the evaluation of this tender.
Preference Points will be awarded to a tenderer for attaining a B-BBEE Status Level of
contributor in accordance with the act and as stated in Section T2.2 (MBD 6.1) for the 90/10
preference points system.
A maximum of 10 points will be allocated for preference.
Tenderers are required to submit original and valid B-BBEE Status Level Verification Certificates or Certified Copies thereof with their tenders to substantiate their B-BBEE rating claim and score points for Preference.
The Certificate must be issued by either verification agencies accredited by the South
African Accreditation System (SANAS) or by registered auditors approved by the
Independent Regulatory Board of Auditors (IRBA). For Exempted Micro Enterprises (EME’s)
a certificate issued by an Accounting Officer as contemplated in the Closed Corporations
Act (CCA) will be accepted.
Tenderers who do not submit valid B-BBEE Status Level Verification Certificates or are non-
compliant contributors to B-BBEE do not qualify for preference points for B-BBEE but will
not be disqualified from the bidding process. Such tenderers will be scored on price only
and will score zero (0) points for B-BBEE.
A trust, consortium or joint venture must submit a consolidated B-BBEE Status Level
Verification Certificate together with their tender.
Verification of Validity of B-BBEE Level Verification Certificates will be in accordance with the latest Implementation Guide for the Preferential Procurement Regulations, 2011 as published by the Department of National Treasury. Certificates must conform to the minimum requirements to be considered valid.
Servicing of Mount Ayliff Peri Urban Stands : T1 – Tendering procedure
Water and Sewer Phase 2D – Lubhalasi & Santombe Bulk Water Supply And Reservoir
Tender No: ANDM/IDMS/PMU-199/12/05/16 13
F3.11.9 Add the following to the clause:
The functionality/quality will be scored in accordance with the following table:
DESCRIPTION WEIGHT
Company experience with respect to similar projects 40
Experience of key staff assigned to the contract 30
Resources to execute the works 15
Availability of key plant and equipment 15
TOTAL 100
The Quality/Functionality will first be scored and all those scoring less than 70 % will be
deemed unresponsive and as such will be rejected from further consideration. Both
Preferences and Pricing will be used for evaluation on the second/last stage of the
evaluation process.
The functionality requirements are described in more detail below.
1. Experience of Similar Projects
Company Experience with respect to similar projects Weighting
Completed at least 4 water / sanitation projects each of at least R3 Million and attach Completion Certificate of each Project
40
Completed at least 3 water / sanitation projects each at least R3 Million and attach Completion Certificate of each Project
30
Completed at least 2water / sanitation projects each at least R3 Million and attach Completion Certificate of each Project
20
Completed at least 1 water / sanitation projects each at least R3 Million and attach Completion Certificate of each Project
10
No Experience in water, no project completed 0
Maximum Weighting 40
Note: The Tenderer must attach completion certificate from the previous employer’s.
2. Experience of key staff
Experience of key staff assigned to the contract Weighting
Contracts Manager : Favourable previous experience with competence
certificate and letter from the previous employer of Site Agent (above 5 Years) 10
Site Agent: Favourable experience with competence certificate and letter from
previous employer of Site Agent (3 to 4 Years) 10
Site Foreman: employed or Proposed (1 to 2 Years) 5
Health and Safety Officer:(above 5 Years) 5
Maximum Weighting 30
Note: The Tenderer must attach letter of reference/ certificate from the previous employer’s.
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Tender No: ANDM/IDMS/PMU-199/12/05/16 14
3. Resources (Financial)
Resources to execute the works Weighting
Bank recommendation relating to the financial capability of the contractor to finance the proposed contract. Rating “A” – undoubted/Excellent
15
Bank recommendation relating to the financial capability of the contractor to finance the proposed contract. Rating “B” – good for the amount quoted
10
Bank recommendation relating to the financial capability of the contractor to finance the proposed contract. Rating “C” – average/good if strictly in line of business
5
Maximum Weighting 15
Note: The Tenderer must enclose with his tender an official bank rating issued by his banker.
4. Resources plant and equipment
Availability of key plant and equipment Weighting
Contractor owns 4 (four) of the required machinery or have a written agreement with the Plant Hire to supply all the machinery required for the execution of the contract (Excavator fitted with bucket or rock breaker/TLB/Tipper Trucks/ compaction equipment) and the machinery/equipment is available for the project.
15
Contractor owns 3 (three) of the required machinery or have written agreement with the Plant Hire to supply all the machinery required for the execution of the contract (Excavator fitted with bucket or rock breaker/TLB/Tipper Trucks/Compaction equipment) and the machinery/equipment is available for the project.
10
Contractor owns 2 (two) of the required machinery or to hire all machinery required for the execution of the contract (Excavator fitted with bucket or rock breaker/TLB/Tipper Trucks/Compaction equipment)
5
Maximum Weighting 15
NOTE: The tenderer should provide evidence by means of certificates of ownership to prove that he
owns the Equipment; in the event that plant is hired; ownership certificates of the plant by the plant hire
company must be submitted
F3.11.10 Add the following new Sub-clause:
Risk Analysis
Notwithstanding compliance with regard to CIDB registration or any other requirements of
the tender, the employer will perform a risk analysis in respect of the following:
a) reasonableness of the financial offer;
b) reasonableness of unit rates and prices;
c) the tenderer’s ability to fulfil its obligations in terms of the tender document, that is, that
the tenderer can demonstrate that he/she possesses the necessary professional and
technical qualifications, professional and technical competence, financial resources,
equipment and other physical facilities, managerial capability, reliability, experience,
reputation, personnel etc. to perform the contract.
No tenderer will be recommended for award unless the tenderer has demonstrated that he/she has the resources and skills required to complete the project successfully.
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F3.12 The Employer will not insure the Works. It is the responsibility of the Tenderer to include all
insurances for the duration of the contract.
F3.13.1 Add the following to this clause: g) the tenderer’s tax matters have been declared by the South African Revenue Service to
be in order; h) the tenderer is registered with the Construction Industry Development Board in an
appropriate contractor grading designation; i) the tenderer or any of its directors is not listed on the Register of Tender Defaulters in
terms of the Prevention and Combating of Corrupt Activities Act of 2004 as a person prohibited from doing business with the public sector;
j) 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; and k) 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.
F.3.17 The number of paper copies of the signed contract to be provided by the employer is one.
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Annexure: Standard Conditions of Tender
(As contained in Annexure F of the CIDB Notice 136 of 10 July 2015 in respect of the
CIDB Standard for Uniformity in Construction Procurement) F.1 General F.1.1 Actions
F.1.1.1 The employer and each tenderer submitting a tender offer shall comply with these conditions of tender. In
their dealings with each other, they shall discharge their duties and obligations as set out in F.2 and F.3, timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices.
F.1.1.2 The employer and the tenderer and all their agents and employees involved in the tender process shall
avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate. Note 1) A conflict of interest may arise due to a conflict of roles which might provide an incentive for
improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result.
2) Conflicts of interest in respect of those engaged in the procurement process include direct,
indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty which would in any way affect any decisions taken.
F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and
the capacity to proceed with the contract. F.1.2 Tender Documents
The documents issued by the employer for the purpose of a tender offer are listed in the tender data.
F.1.3 Interpretation F.1.3.1 The tender data and additional requirements contained in the tender schedules that are included in the
returnable documents are deemed to be part of these conditions of tender. F.1.3.2 These conditions of tender, the tender data and tender schedules which are only required for tender
evaluation purposes, shall not form part of any contract arising from the invitation to tender. F.1.3.3 For the purposes of these conditions for the calling for expressions of interest, the following definitions
apply:
a) conflict of interest means any situation in which:
i) someone in a position of trust has competing professional or personal interests which make it difficult to fulfill his or her duties impartially;
ii) an individual or organisation is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit; or
iii) incompatibility or contradictory interests exist between an employee and the organisation which employs that employee. b) comparative offer means the price after the factors of a non-firm price and all unconditional discounts it
can be utilised to have been taken into consideration; c) corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the
action of the employer or his staff or agents in the tender process; d) fraudulent practice means the misrepresentation of the facts in order to influence the tender process or
the award of a contract arising from a tender offer to the detriment of the employer, including collusive practices intended to establish prices at artificial levels;
e) organization means a company, firm, enterprise, association or other legal entity, whether incorporated
or not, or a public body;
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f) functionality means the measurement according to the predetermined norms of a service or commodity
designed to be practical and useful, working or operating, taking into account quality, reliability, viability and durability of a service and technical capacity and ability of a tenderer.
F.1.4 Communication and employer’s agent
Each communication between the employer and a tenderer shall be to or from the employer's agent only, and in a form that can be readily read, copied and recorded. Communications shall be in the English language. The employer shall not take any responsibility for non-receipt of communications from or by a tenderer. The name and contact details of the employer’s agent are stated in the tender data.
F.1.5 Cancellation and Re-Invitation of Tenders
F1.5.1 An organ of state may, prior to the award of the tender, cancel a tender if-
(a) due to changed circumstances, there is no longer a need for the services, works or goods requested; or (b) funds are no longer available to cover the total envisaged expenditure; or (c) no acceptable tenders are received.
F1.5.2 The decision to cancel a tender must be published in the cidb website and in the government Tender
Bulletin for the media in which the original tender invitation was advertised. F.1.6 Procurement procedures F.1.6.1 General
Unless otherwise stated in the tender data, a contract will, subject to F.3.13, be concluded with the tenderer who in terms of F.3.11 is the highest ranked or the tenderer scoring the highest number of tender evaluation points, as relevant, based on the tender submissions that are received at the closing time for tenders.
F.1.6.2 Competitive negotiation procedure
F.1.6.2.1 Where the tender data require that the competitive negotiation procedure is to be followed, tenderers shall
submit tender offers in response to the proposed contract in the first round of submissions. Notwithstanding the requirements of F.3.4, the employer shall announce only the names of the tenderers who make a submission. The requirements of F.3.8 relating to the material deviations or qualifications which affect the competitive position of tenderers shall not apply.
F.1.6.2.2 All responsive tenderers, or not less than three responsive tenderers that are highest ranked in terms of the
evaluation method and evaluation criteria stated in the tender data, shall be invited in each round to enter into competitive negotiations, based on the principle of equal treatment and keeping confidential the proposed solutions and associated information. Notwithstanding the provisions of F.2.17, the employer may request that tenders be clarified, specified and fine-tuned in order to improve a tenderer’s competitive position provided that such clarification, specification, fine-tuning or additional information does not alter any fundamental aspects of the offers or impose substantial new requirements which restrict or distort competition or have a discriminatory effect.
F.1.6.2.3 At the conclusion of each round of negotiations, tenderers shall be invited by the employer to make a fresh
tender offer, based on the same evaluation criteria, with or without adjusted weightings. Tenderers shall be advised when they are to submit their best and final offer.
F.1.6.2.4 The contract shall be awarded in accordance with the provisions of F.3.11 and F.3.13 after tenderers have
been requested to submit their best and final offer. F.1.6.3 Proposal procedure using the two stage-system
F.1.6.3.1 Option 1
Tenderers shall in the first stage submit technical proposals and, if required, cost parameters around which a contract may be negotiated. The employer shall evaluate each responsive submission in terms of the method of evaluation stated in the tender data, and in the second stage negotiate a contract with the tenderer scoring the highest number of evaluation points and award the contract in terms of these conditions of tender.
F.1.6.3.2 Option 2 F.1.6.3.2.1 Tenderers shall submit in the first stage only technical proposals. The employer shall invite all
responsive tenderers to submit tender offers in the second stage, following the issuing of procurement documents.
F.1.6.3.2.2 The employer shall evaluate tenders received during the second stage in terms of the method of
evaluation stated in the tender data, and award the contract in terms of these conditions of tender.
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F.2 Tenderer’s obligations
F.2.1 Eligibility F.2.1.1 Submit a tender offer only if the tenderer satisfies the criteria stated in the tender data and the tenderer, or
any of his principals, is not under any restriction to do business with employer.
F.2.1.2 Notify the employer of any proposed material change in the capabilities or formation of the tendering entity
(or both) or any other criteria which formed part of the qualifying requirements used by the employer as the basis in a prior process to invite the tenderer to submit a tender offer and obtain the employer’s written approval to do so prior to the closing time for tenders.
F.2.2 Cost of tendering F2.2.1 Accept that, unless otherwise stated in the tender data, the employer will not compensate the tenderer for
any costs incurred in the preparation and submission of a tender offer, including the costs of any testing necessary to demonstrate that aspects of the offer complies with requirements.
F2.2.2 The cost of the tender documents charged by the employer shall be limited to the actual cost incurred by
the employer for printing the documents. Employers must attempt to make available the tender documents on its website so as not to incur any costs pertaining to the printing of the tender documents.
F.2.3 Check documents
Check the tender documents on receipt for completeness and notify the employer of any discrepancy or omission.
F.2.4 Confidentiality and copyright of documents
Treat as confidential all matters arising in connection with the tender. Use and copy the documents issued by the employer only for the purpose of preparing and submitting a tender offer in response to the invitation.
F.2.5 Reference documents
Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards, specifications, conditions of contract and other publications, which are not attached but which are incorporated into the tender documents by reference.
F.2.6 Acknowledge addenda
Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if necessary apply for an extension to the closing time stated in the tender data, in order to take the addenda into account.
F.2.7 Clarification meeting
Attend, where required, a clarification meeting at which tenderers may familiarize themselves with aspects of the proposed work, services or supply and raise questions. Details of the meeting(s) are stated in the tender data.
F.2.8 Seek clarification
Request clarification of the tender documents, if necessary, by notifying the employer at least five working
days before the closing time stated in the tender data.
F.2.9 Insurance
Be aware that the extent of insurance to be provided by the employer (if any) might not be for the full cover required in terms of the conditions of contract identified in the contract data. The tenderer is advised to seek qualified advice regarding insurance.
F.2.10 Pricing the tender offer
F.2.10.1 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes (except Value
Added Tax (VAT), and other levies payable by the successful tenderer, such duties, taxes and levies being those applicable 14 days before the closing time stated in the tender data.
F2.10.2 Show VAT payable by the employer separately as an addition to the tendered total of the prices.
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F.2.10.3 Provide rates and prices that are fixed for the duration of the contract and not subject to adjustment except as provided for in the conditions of contract identified in the contract data.
F.2.10.4 State the rates and prices in Rand unless instructed otherwise in the tender data. The conditions of
contract identified in the contract data may provide for part payment in other currencies. F.2.11 Alterations to documents
Do not make any alterations or additions to the tender documents, except to comply with instructions issued by the employer, or necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial all such alterations.
F.2.12 Alternative tender offers F.2.12.1 Unless otherwise stated in the tender data, submit alternative tender offers only if a main tender offer,
strictly in accordance with all the requirements of the tender documents, is also submitted as well as a schedule that compares the requirements of the tender documents with the alternative requirements that are proposed.
F.2.12.2 Accept that an alternative tender offer may be based only on the criteria stated in the tender data or criteria
otherwise acceptable to the employer. F.2.12.3 An alternative tender offer may only be considered in the event that the main tender offer is the winning
tender. F.2.13 Submitting a tender offer F.2.13.1 Submit one tender offer only, either as a single tendering entity or as a member in a joint venture to provide
the whole of the works, services or supply identified in the contract data and described in the scope of works, unless stated otherwise in the tender data.
F.2.13.2 Return all returnable documents to the employer after completing them in their entirety, either electronically
(if they were issued in electronic format) or by writing legibly in non-erasable ink. F.2.13.3 Submit the parts of the tender offer communicated on paper as an original plus the number of copies stated
in the tender data, with an English translation of any documentation in a language other than English, and the parts communicated electronically in the same format as they were issued by the employer.
F.2.13.4 Sign the original and all copies of the tender offer where required in terms of the tender data. The employer
will hold all authorized signatories liable on behalf of the tenderer. Signatories for tenderers proposing to contract as joint ventures shall state which of the signatories is the lead partner whom the employer shall hold liable for the purpose of the tender offer.
F.2.13.5 Seal the original and each copy of the tender offer as separate packages marking the packages as
"ORIGINAL" and "COPY". Each package shall state on the outside the employer's address and identification details stated in the tender data, as well as the tenderer's name and contact address.
F.2.13.6 Where a two-envelope system is required in terms of the tender data, place and seal the returnable
documents listed in the tender data in an envelope marked “financial proposal” and place the remaining returnable documents in an envelope marked “technical proposal”. Each envelope shall state on the outside the employer’s address and identification details stated in the tender data, as well as the tenderer's name and contact address.
F.2.13.7 Seal the original tender offer and copy packages together in an outer package that states on the outside
only the employer's address and identification details as stated in the tender data. F.2.13.8 Accept that the employer will not assume any responsibility for the misplacement or premature opening of
the tender offer if the outer package is not sealed and marked as stated. F.2.13.9 Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer, unless stated
otherwise in the tender data. F.2.14 Information and data to be completed in all respects
Accept that tender offers, which do not provide all the data or information requested completely and in the form required, may be regarded by the employer as non-responsive.
F.2.15 Closing time F.2.15.1 Ensure that the employer receives the tender offer at the address specified in the tender data not later than
the closing time stated in the tender data. Proof of posting shall not be accepted as proof of delivery.
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F.2.15.2 Accept that, if the employer extends the closing time stated in the tender data for any reason, the
requirements of these conditions of tender apply equally to the extended deadline. F.2.16 Tender offer validity F.2.16.1 Hold the tender offer(s) valid for acceptance by the employer at any time during the validity period stated in
the tender data after the closing time stated in the tender data. F.2.16.2 If requested by the employer, consider extending the validity period stated in the tender data for an agreed
additional period with or without any conditions attached to such extension. F.2.16.3 Accept that a tender submission that has been submitted to the employer may only be withdrawn or
substituted by giving the employer’s agent written notice before the closing time for tenders that a tender is to be withdrawn or substituted.
F.2.16.4 Where a tender submission is to be substituted, submit a substitute tender in accordance with the
requirements of F.2.13 with the packages clearly marked as “SUBSTITUTE”. F.2.17 Clarification of tender offer after submission
Provide clarification of a tender offer in response to a request to do so from the employer during the evaluation of tender offers. This may include providing a breakdown of rates or prices and correction of arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the total of the prices or substance of the tender offer is sought, offered, or permitted.
Note: Sub-clause F.2.17 does not preclude the negotiation of the final terms of the contract with a preferred tenderer following a competitive selection process, should the Employer elect to do so.
F.2.18 Provide other material F.2.18.1 Provide, on request by the employer, any other material that has a bearing on the tender offer, the
tenderer’s commercial position (including notarized joint venture agreements), preferencing arrangements, or samples of materials, considered necessary by the employer for the purpose of a full and fair risk assessment. Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided, by the time for submission stated in the employer’s request, the employer may regard the tender offer as non-responsive.
F.2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required.
F.2.19 Inspections, tests and analysis
Provide access during working hours to premises for inspections, tests and analysis as provided for in the tender data.
F.2.20 Submit securities, bonds, policies, etc.
If requested, submit for the employer’s acceptance before formation of the contract, all securities, bonds, guarantees, policies and certificates of insurance required in terms of the conditions of contract identified in the contract data.
F.2.21 Check final draft
Check the final draft of the contract provided by the employer within the time available for the employer to issue the contract.
F.2.22 Return of other tender documents
If so instructed by the employer, return all retained tender documents within 28 days after the expiry of the validity period stated in the tender data.
F.2.23 Certificates
Include in the tender submission or provide the employer with any certificates as stated in the tender data. F.3 The employer’s undertakings
F.3.1 Respond to requests from the tenderer
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F.3.1.1 Unless otherwise stated in the tender Data, respond to a request for clarification received up to five working
days before the tender closing time stated in the Tender Data and notify all tenderers who drew procurement documents.
F.3.1.2 Consider any request to make a material change in the capabilities or formation of the tendering entity (or
both) or any other criteria which formed part of the qualifying requirements used to prequalify a tenderer to submit a tender offer in terms of a previous procurement process and deny any such request if as a consequence:
a) an individual firm, or a joint venture as a whole, or any individual member of the joint venture fails to
meet any of the collective or individual qualifying requirements; b) the new partners to a joint venture were not prequalified in the first instance, either as individual firms or
as another joint venture; or c) in the opinion of the Employer, acceptance of the material change would compromise the outcome of
the prequalification process. F.3.2 Issue Addenda
If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period from the date that tender documents are available until three days before the tender closing time stated in the Tender Data. If, as a result a tenderer applies for an extension to the closing time stated in the Tender Data, the Employer may grant such extension and, shall then notify all tenderers who drew documents.
F.3.3 Return late tender offers
Return tender offers received after the closing time stated in the Tender Data, unopened, (unless it is necessary to open a tender submission to obtain a forwarding address), to the tenderer concerned.
F.3.4 Opening of tender submissions F.3.4.1 Unless the two-envelope system is to be followed, open valid tender submissions in the presence of
tenderers’ agents who choose to attend at the time and place stated in the tender data. Tender submissions for which acceptable reasons for withdrawal have been submitted will not be opened.
F.3.4.2 Announce at the meeting held immediately after the opening of tender submissions, at a venue indicated in
the tender data, the name of each tenderer whose tender offer is opened, the total of his prices, preferences claimed and time for completion, if any, for the main tender offer only.
F.3.4.3 Make available the record outlined in F.3.4.2 to all interested persons upon request.
F.3.5 Two-envelope system
F.3.5.1 Where stated in the tender data that a two-envelope system is to be followed, open only the technical
proposal of valid tenders in the presence of tenderers’ agents who choose to attend at the time and place stated in the tender data and announce the name of each tenderer whose technical proposal is opened.
F.3.5.2 Evaluate the quality of the technical proposals offered by tenderers, then advise tenderers who remain in
contention for the award of the contract of the time and place when the financial proposals will be opened. Open only the financial proposals of tenderers, who score in the quality evaluation more than the minimum number of points for quality stated in the tender data, and announce the score obtained for the technical proposals and the total price and any preferences claimed. Return unopened financial proposals to tenderers whose technical proposals failed to achieve the minimum number of points for quality.
F.3.6 Non-disclosure
Not disclose to tenderers, or to any other person not officially concerned with such processes, information relating to the evaluation and comparison of tender offers, the final evaluation price and recommendations for the award of a contract, until after the award of the contract to the successful tenderer.
F.3.7 Grounds for rejection and disqualification
Determine whether there has been any effort by a tenderer to influence the processing of tender offers and instantly disqualify a tenderer (and his tender offer) if it is established that he engaged in corrupt or fraudulent practices.
F.3.8 Test for responsiveness
F.3.8.1 Determine, on opening and before detailed evaluation, whether each tender offer properly received:
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a) complies with the requirements of these Conditions of Tender, b) has been properly and fully completed and signed, and c) is responsive to the other requirements of the tender documents.
F.3.8.2 A responsive tender is one that conforms to all the terms, conditions, and specifications of the tender
documents without material deviation or qualification. A material deviation or qualification is one which, in the Employer's opinion, would:
a) detrimentally affect the scope, quality, or performance of the works, services or supply identified in the
Scope of Work, b) change the Employer's or the tenderer's risks and responsibilities under the contract, or
c) affect the competitive position of other tenderers presenting responsive tenders, if it were to be rectified.
Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by correction or withdrawal of the non-conforming deviation or reservation.
F.3.9 Arithmetical errors, omissions and discrepancies
F.3.9.1 Check the highest ranked tender or tenderer with the highest number of tender evaluation points after the
evaluation of tender offers in accordance with F.3.11 for: a) the gross misplacement of the decimal point in any unit rate; b) omissions made in completing the pricing schedule or bills of quantities; or c) arithmetic errors in:
i) line item totals resulting from the product of a unit rate and a quantity in bills of quantities or schedules of prices; or
ii) the summation of the prices. F3.9.2 The employer must correct the arithmetical errors in the following manner:
a) Where there is a discrepancy between the amounts in words and amounts in figures, the amount in
words shall govern.
b) If bills of quantities or pricing schedules apply and there is an error in the line item total resulting from the product of the unit rate and the quantity, the line item total shall govern and the rate shall be corrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the line item total as quoted shall govern, and the unit rate shall be corrected.
c) Where there is an error in the total of the prices either as a result of other corrections required by this checking process or in the tenderer's addition of prices, the total of the prices shall govern and the tenderer will be asked to revise selected item prices (and their rates if bills of quantities apply) to achieve the tendered total of the prices.
Consider the rejection of a tender offer if the tenderer does not correct or accept the correction of the arithmetical error in the manner described above.
F.3.10 Clarification of a tender offer
Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from the tender offer.
F.3.11 Evaluation of tender offers F.3.11.1 General
Appoint an evaluation panel of not less than three persons. Reduce each responsive tender offer to a comparative offer and evaluate them using the tender evaluation methods and associated evaluation criteria and weightings that are specified in the tender data.
F.3.11.2 Method 1: Price and Preference
In the case of a price and preference:
1) Score tender evaluation points for price
2) Score points for BBBEE contribution
3) Add the points scored for price and BBBEE. F.3.11.3 Method 2: Functionality, Price and Preference
In the case of a functionality, price and preference:
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1) Score functionality, rejecting all tender offers that fail to achieve the minimum number of points for functionality as stated in the Tender Data.
2) No tender must be regarded as an acceptable tender if it fails to achieve the minimum qualifying score for functionality as indicated in the tender invitation.
3) Tenders that have achieved the minimum qualification score for functionality must be evaluated further in terms of the preference points system prescribed in paragraphs 4 and 4 and 5 below.
The 80/20 preference point system for acquisition of services, works or goods up to Rand value of R1 million 4) (a)(i) The following formula must be used to calculate the points for price in respect of tenders( including
price quotation) with a rand value equal to, or above R 30 000 and up to Rand value of R 1 000 000 ( all applicable taxes included):
Where Ps = Points scored for comparative price of tender or offer under consideration; Pt = Comparative price of tender or offer under consideration; and Pmin = Comparative price of lowest acceptable tender or offer.
4) (a)(ii) An employer of state may apply the formula in paragraph (i) for price quotations with a value less
than R30 000, if and when appropriate: (4) (b) Subject to subparagraph(4)(c), points must be awarded to a tender for attaining the B-BBEE status
level of contributor in accordance with the table below:
B-BBEE status level of contributor Number of points
1 20
2 18
3 16
4 12
5 8
6 6
7 4
8 2
Non-compliant contributor 0
(4) (c) A maximum of 20 points may be allocated in accordance with subparagraph (4)(b) (4) (d) The points scored by tender in respect of B-BBEE contribution contemplated in contemplated in
subparagraph (4) (b) must be added to the points scored for price as calculated in accordance with subparagraph (4)(a).
(4) (e) Subject to paragraph 4.3.8 the contract must be awarded to the tender who scores the highest total number of points.
The 90/ 10 preference points system for acquisition of services, works or goods with a Rand value above R 1 million
(5)(a) The following formula must be used to calculate the points for price in respect of tenders with a Rand value above R1 000 000 (all applicable taxes included):
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Where Ps = Points scored for comparative price of tender or offer under consideration; Pt = Comparative price of tender or offer under consideration; and Pmin = Comparative price of lowest acceptable tender or offer. (5) (b) Subject to subparagraph(5)(c), points must be awarded to a tender for attaining the B- BBEE status
level of contributor in accordance with the table below:
B-BBEE status level of contributor
Number of points
1 10
2 9
3 8
4 5
5 4
6 3
7 2
8 1
Non-compliant contributor 0
(5) (c) A maximum of 10 points may be allocated in accordance with subparagraph (5)(b). (5) (d) The points scored by tender in respect of B-BBEE contribution contemplated in contemplated in
subparagraph (5) (b) must be added to the points scored for price as calculated in accordance with subparagraph (5)(a).
(5) (e) Subject to paragraph 4.3.8 the contract must be awarded to the tender who scores the highest total number of points.
F.3.11.6 Decimal places
Score price, preference and functionality, as relevant, to two decimal places.
F.3.11.7 Scoring Price
Score price of remaining responsive tender offers using the following formula:
NFO = W1 x A
where: NFO is the number of tender evaluation points awarded for price. W1 is the maximum possible number of tender evaluation points awarded for price as stated in the Tender Data. A is a number calculated using the formula and option described in Table F.1 as stated in the Tender Data.
F.3.11.8 Scoring preferences
Confirm that tenderers are eligible for the preferences claimed in accordance with the provisions of the tender data and reject all claims for preferences where tenderers are not eligible for such preferences. Calculate the total number of tender evaluation points for preferences claimed in accordance with the provisions of the tender data.
F.3.11.9 Scoring functionality
Score each of the criteria and sub-criteria for quality in accordance with the provisions of the Tender Data. Calculate the total number of tender evaluation points for quality using the following formula:
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NQ = W2 x SO / MS
where: SO is the score for quality allocated to the submission under consideration;
MS is the maximum possible score for quality in respect of a submission; and W2 is the maximum possible number of tender evaluation points awarded for the quality as stated in the tender data
F.3.12 Insurance provided by the employer
If requested by the proposed successful tenderer, submit for the tenderer's information the policies and / or certificates of insurance which the conditions of contract identified in the contract data, require the employer to provide.
F.3.13 Acceptance of tender offer
Accept the tender offer, if in the opinion of the employer, it does not present any risk and only if the tenderer: a) is not under restrictions, or has principals who are under restrictions, preventing participating in the
employer’s procurement, b) can, as necessary and in relation to the proposed contract, demonstrate that he or she possesses the
professional and technical qualifications, professional and technical competence, financial resources, equipment and other physical facilities, managerial capability, reliability, experience and reputation, expertise and the personnel, to perform the contract,
c) has the legal capacity to enter into the contract, d) is not insolvent, in receivership, under Business Rescue as provided for in chapter 6 of the Companies
Act, 2008, bankrupt or being wound up, has his affairs administered by a court or a judicial officer, has suspended his business activities, or is subject to legal proceedings in respect of any of the foregoing,
e) complies with the legal requirements, if any, stated in the tender data, and f) is able, in the opinion of the employer, to perform the contract free of conflicts of interest.
F.3.14 Prepare contract documents F.3.14.1 If necessary, revise documents that shall form part of the contract and that were issued by the employer as
part of the tender documents to take account of:
a) addenda issued during the tender period,
b) inclusion of some of the returnable documents, and
c) other revisions agreed between the employer and the successful tenderer.
F.3.14.2 Complete the schedule of deviations attached to the form of offer and acceptance, if any.
F.3.15 Complete adjudicator's contract
Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange for both parties to complete formalities for appointing the selected adjudicator at the same time as the main contract is signed.
F.3.16 Notice to unsuccessful tenderers F.3.16.1 Notify the successful tenderer of the employer's acceptance of his tender offer by completing and returning
one copy of the form of offer and acceptance before the expiry of the validity period stated in the tender data, or agreed additional period.
F.3.16.2 After the successful tenderer has been notified of the employer’s acceptance of the tender, notify other
tenderers that their tender offers have not been accepted. F.3.17 Provide copies of the contracts
Provide to the successful tenderer the number of copies stated in the Tender Data of the signed copy of the contract as soon as possible after completion and signing of the form of offer and acceptance.
F.3.18 Provide written reasons for actions taken
Provide upon request written reasons to tenderers for any action that is taken in applying these conditions
of tender, but withhold information which is not in the public interest to be divulged, which is considered to
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prejudice the legitimate commercial interests of tenderers or might prejudice fair competition between tenderers.
F3.19 Transparency in the procurement process F3.19.1 The cidb prescripts require that tenders must be advertised and be registered on the cidb i.Tender system.
F3.19.2 The employer must adopt a transparency model that incorporates the disclosure and accountability as
transparency requirements in the procurement process. F3.19.3 The transparency model must identify the criteria for selection of projects, project information template and
the threshold value of the projects to be disclosed in the public domain at various intervals of delivery of infrastructure projects.
F3.19.4 The client must publish the information on a quarterly basis which contains the following information:
Procurement planning process
Procurement method and evaluation process
Contract type
Contract status
Number of firms tendering
Cost estimate
Contract title
Contract firm(s)
Contract price
Contract scope of work
Contract start date and duration
Contract evaluation reports F3.19.5 The employer must establish a Consultative Forum which will conduct a random audit in the implementation
of the transparency requirements in the procurement process. F3.19.6 Consultative Forum must be an independent structure from the bid committees.
F3.19.7 The information must be published on the employer’s website.
F 3.19.8 Records of such disclosed information must be retained for audit purposes.
End of Section
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THE TENDER
T2: RETURNABLE DOCUMENTS
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T2.1 List of Returnable Documents The tenderer must complete the following returnable documents: 1. Returnable Schedules required for tender evaluation purposes
A. Alfred Nzo District Municipality Joint Venture Disclosure Form B. Compulsory Enterprise Questionnaire C. Record of Addenda to Tender Documents D. Proposed Amendments and Qualifications E. Schedule of Sub-contractors F. Schedule of Plant and Equipment G. Schedule of the Tenderer’s Experience (work undertaken for other institutions) H. Schedule of work undertaken for Alfred Nzo District Municipality. I. Curriculum Vitae of Key Personnel (Professional Registration Certificates required for Contractor’s designer) - Contracts Manager - Site Agent - Foreman - Health and Safety Officer
2. Other documents required for tender evaluation purposes A. 1) Certificate of Contractor Registration issued by the Construction Industry
Development Board. 2) Certificate of Good Standing with the Compensation Commissioner B. Valid Current Tax Clearance Certificate (MBD 2) C. Where the tendered amount inclusive of VAT exceeds R 10 million audited annual
financial statement for 3 years, or for the period since establishment if established during the last 3 years, if required by law to prepare annual financial statements for auditing;
D. Proof that the Tenderer’s Municipal Rates and Taxes are not in arrears for more than three (3) months;
E. Particulars of any contracts awarded to the tenderer by an organ of state during the past five (5) years, including particulars of any material non-compliance or dispute concerning the execution of such contract;
F. A statement indicating whether any portion of the goods or services are expected to be sourced from outside the Republic, and, if so, what portion and whether any portion of payment from the municipality or municipal entity is expected to be transferred out of the Republic.
G. Certificate of bidder’s visit to the site. H. Certificate of Authority for Signature. I. Alterations by bidder. J. Surety and Bank Details. K. Details of Alternative tender submitted L. Company Composition. M. Company Registration N. Declaration of Interests (Kinship, Relationship with persons employed by ANDM). O. Declaration of Interest (in the Service of the State) (MBD 4). P. Declaration Of Bidder’s Past Supply Chain Management Practices (MBD 8) Q. Certificate of Independent Bid Determination (MBD 9) R. Declaration For Procurement Above R10 Million (VAT) Included) (MBD 5) S. Declaration (Validity of Information Provided). T. Bank rating reference
3. Adjudication of Tenders MBD 6.1: Preference Schedule (Broad-Based Black Economic Empowerment (B- BBEE) Status Level of Contribution)
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1A JOINT VENTURE REQUIREMENTS
DEFINITION:- “Joint Venture or Consortium”: means an association of persons for the
purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity
for the execution of a contract.
Should a group of companies/firms and/or interested parties wish to enter into a joint
venture/consortium agreement the following minimum requirements must be met:-
1. A copy of the joint venture/consortium agreement must be attached.
2. Each member of the joint venture/consortium must provide a Tax Clearance Certificate
3. After award of a contract to a joint venture, the successful joint venture partners must provide
a joint venture Tax Clearance Certificate and the joint venture banking details.
4. A trust, consortium or joint venture will qualify for points of their B-BBEE status level as a
legal entity, provided that the entity submits their B-BBEE status level certificate.
5. A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an
unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard
as if they were a group structure and that such a consolidated B-BBEE scorecard is
prepared for every separate tender.
THE JOINT VENTURE/CONSORTIUM AGREEMENT MUST CONTAIN THE FOLLOWING:-
a. Who the managing member will be.
b. Who the signatory of authority will be.
c. How the joint venture/consortium share of profit will be split.
d. The bank account details where payments will be deposited into.
e. The agreement must be signed by all parties.
f. The agreement must be certified by a Commissioner of Oaths.
g. The postal and physical address where all correspondence will be sent to.
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1B. 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: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date of Establishment ....................................................................................................................................
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
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:
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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
v) confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my belief both true and correct.
Signed Date
Name Position
Enterprise name
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1B. 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: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . …
Date of Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
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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.
Signed Date
Name Position
Enterprise name
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1C. 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.
Attach additional pages if more space is required.
Signed Date
Name Position
Tenderer
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1D. 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
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1E. SCHEDULE OF SUB-CONTRACTORS
We notify you that it is our intention to employ the following Sub-contractors for work in this contract.
If we are awarded a contract we agree that this notification does not change the requirement for us to submit the names of proposed Sub-contractors in accordance with requirements in the contract for such appointments. If there are no such requirements in the contract, then your written acceptance of this list shall be binding between us.
Selected and Nominated Sub-Contractors are required to be registered with the CIDB.
It is noted that Domestic Sub-Contractors do not need to be registered with the CIDB.
In terms of the PPPFA Act 2000: Preferential Procurement Regulations 2011, -
“(8) A person must not be awarded points for B-BEE status level if it is indicated in the tender documents that such a tenderer intends sub-contracting more than 25% of the value of the contract to any enterprise that does not qualify for at least the points that such a tenderer qualifies for, unless the intended sub-contractor is an exempted micro enterprise that has the capability and ability to execute the sub-contract.
(9) A person awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an exempted micro enterprise that has the capability and ability to execute the sub-contract.”
No Name and address of proposed Subcontractor
Nature and extent of work Previous experience with Subcontractor
1.
2.
3.
4.
5.
TENDERER
SIGNED DATE
NAME POSITION
TENDERER
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1F. SCHEDULE OF PLANT AND EQUIPMENT
The Tenderer shall insert in the Schedule hereunder, a list of the major plant and equipment he proposes to use
on this Contract. Failure to complete this schedule will be taken to indicate that Tenderer does not have access
to adequate plant and equipment.
DESCRIPTION OF MODEL OWNER WHEN AVAILABLE
Equipment not owned by the Tenderer must be qualified as hire, on loan, etc.
SIGNATURE OF TENDERDER: ..............................................................................................................
DATE: .......................................................................................................................................................
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1G. PAST EXPERIENCE 1
CURRENT AND PAST EXPERIENCE FOR ANDM AND OTHER INSTITUTIONS Bidders must furnish hereunder details of projects related to this specific project, that they have successfully undertaking or have undertaken. Bidders to provide completion certificates and contactable references for all projects listed below. The Alfred Nzo District Municipality will calculate the points for the Pre-Qualification Criteria for Experience as follows:
Company Experience with respect to similar projects Weighting
Completed at least 4 water / sanitation projects each of at least R9 Million and attach Completion Certificate of each Project
40
Completed at least 3 water / sanitation projects each at least R9 Million and attach Completion Certificate of each Project
30
Completed at least 2water / sanitation projects each at least R9 Million and attach Completion Certificate of each Project
20
Completed at least 1 water / sanitation projects each at least R9 Million and attach Completion Certificate of each Project
10
No Experience in water, no project completed 0
Maximum Weighting 40
Note: The Tenderer must attach completion certificate from the previous employers.
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…………………………… ………………………………………………… DATE SIGNATURE OF BIDDER
CURRENT AND PAST EXPERIENCE FOR OTHER INSTITUTIONS
EMPLOYER / INSTITUTION NAME
PROJECT NAME NATURE OF PROJECT AWARDED AMOUNT
COMMENCEMENT DATE
DATE COMPLETED
CONTACTABLE REFERENCE
NAME & SURNAME
CONTACT NO:
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1H. PAST EXPERIENCE 2
Tenderers must furnish hereunder details of similar works/service, which they have satisfactorily completed in the past. The information shall include a description of the Works, the Contract value and name of Employer. Bidders to attach completion certificates issued by the respective project Clients as proof of completion of the relevant projects in order to score functionality points.
PREVIOUS AND/OR CURRENT PROJECTS UNDERTAKEN FOR ANDM
PROJECT NAME AWARDED AMOUNT CONTRACT START DATE ANTICIPATED / ACTUAL
COMPLETION DATE
…………………………….. ......................................……........
DATE SIGNATURE OF TENDERER
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1I. CURRICULUM VITAE OF KEY PERSONNEL
This form must be completed for each key person listed. Professional Registration Certificate of Contractor’s Designer and other relevant professional affiliations are required.
Name: Date of birth:
Profession: Nationality:
Qualifications:
Professional membership:
Name of employer (firm):
Current position: Years with firm:
Employment record: (list in chronological order starting with earliest work experience)
Experience record pertinent to required service:
Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this data correctly describes me, my qualifications and my experience.
(Signature of person named in schedule) Date:
Attach additional pages for the required key personnel
SIGNATURE OF BIDDER: ...................................................................................................................... DATE: .......................................................................................................................................................
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1J. WHERE APPLICABLE, CERTIFIED COPY OF AGREMÉNT CERTIFICATE OR SANS CERTIFICATE OR SIMILAR APPROVED OF CONTRACTOR’S DESIGN.
Where the Tenderer is proposing the use of proprietary equipment he/ she shall submit the relevant Agremént or SANS certification. Adequate proof shall be provided to confirm the track record of the proposed equipment.
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2A. 1) CERTIFICATE OF CONTRACTOR REGISTRATION ISSUED BY THE CONSTRUCTION INDUSTRY DEVELOPMENT BOARD
The Tenderer is to attach to this page an original certificate of registration with the Construction
Industry Development Board (CIDB)
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2A. 2) CERTIFICATE OF GOOD STANDING WITH THE COMPENSATION COMMISSIONER
The Tenderer is to attach to this page an original valid certificate of Good Standing with the
Compensation Commissioner or with FEM. Failure to attach this certificate will render the tender
non-responsive.
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2B. TAX CLEARANCE REQUIREMENTS MBD 2
It is a condition of Tender that the taxes of the successful Tenderder must be in order, or that
satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the
Tenderder’s tax obligations.
1. In order to meet this requirement Tenderers are required to complete in full the attached form TCC
001 “Application for a Tax Clearance Certificate” and submit it to any SARS branch office nationally.
The Tax Clearance Certificate Requirements are also applicable to foreign Tenderers / individuals
who wish to submit Tenders.
2. SARS will then furnish the Tenderer with a Tax Clearance Certificate that will be valid for a period of
1 (one) year from the date of approval.
3. The original Tax Clearance Certificate must be submitted together with the Tender. Failure to submit
the original and valid Tax Clearance Certificate will result in the invalidation of the Tender. Certified
copies of the Tax Clearance Certificate will not be acceptable.
4. In Tenders where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit
a separate Tax Clearance Certificate.
5. Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any
SARS branch office nationally or on the website www.sars.gov.za.
6. Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this
provision, taxpayers will need to register with SARS as eFilers through the website
www.sars.gov.za.
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2C. WHERE THE RENDERED AMOUNT INCLUSIVE OF VAT EXCEEDS R10 MILLION
Tenderer to supply the following information:
i) Audited annual financial statement for 3 years, or for the period since establishment if
established during the last 3 years, if required by law to prepare annual financial statements for
auditing;
ii) A certificate certifying that the tenderer has no undisputed commitments for municipal services
towards a municipality or other service provider in respect of which payment is overdue for
more than 30 days;
iii) Particulars of any contracts awarded to the tenderer by an organ of state during the past five
years, including particulars of any material non-compliance or dispute concerning the
execution of such contract;
iv) A statement indicating whether any portion of the goods or services are expected to be
sourced from outside the Republic, and, if so, what portion and whether any portion of payment
from the municipality or municipal entity is expected to be transferred out of the Republic.
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2C. WHERE THE RENDERED AMOUNT INCLUSIVE OF VAT EXCEEDS R10 MILLION AUDITED ANNUAL FINANCIAL STATEMENTS FOR THREE YEARS, OR FOR THE PERIOD SINCE ESTABLISHMENT IF ESTABLISHED DURING THE LAST THREE YEAR, IF REQUIRED BY LAW TO PREPARE ANNUAL FINANCIAL STATEMENTS FOR AUDITING – TO BE ATTACHED HERE
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2D. PROOF THAT THE TENDERER’S MUNICIPAL RATES AND TAXES ARE NOT IN ARREARS FOR MORE THAN THREE (3) MONTHS (TO BE ATTACHED HERE – E.G. LATEST UTILITY BILL)
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2E. PARTICULARS OF ANY CONTRACTS AWARDED TO THE TENDERER BY AN ORGAN OF STATE DURING THE PAST FIVE (5) YEARS, INCLUDING PARTICULARS OF ANY MATERIAL NON-COMPLIANCE OR DISPUTE CONCERNING THE EXECUTION OF SUCH CONTRACT
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2F. A STATEMENT INDICATING WHETHER ANY PORTION OF THE GOODS/SERVICES ARE EXPECTED TO BE SOURCED OUTSIDE THE REPUBLIC, AND IF SO WHICH PORTION AND WHETHER ANY PORTION OF PAYMENT FROM THE MUNICIPALITY OR MUNICIPAL ENTITY IS EXPECTED TO BE TRANSFERRED OUT OF THE REPUBLIC
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2G. CERTIFICATE OF TENDERERS VISIT TO THE SITE
This is to certify that, I ................................................................................................... representative of (bidder) ............................................................................................... ..................................................................................................................................... ..................................................................................................................................... of (address) ................................................................................................................... ..................................................................................................................................... ..................................................................................................................................... ..................................................................................................................................... Telephone number: ...................................................................................................... Fax number: ...................................................................................................... in the company of (Engineer's representative) .................................................................. visited and examined the site on (date) ........................................................................... I further certify that I have made myself familiar with all local conditions likely to influence the work and the cost thereof, that I am satisfied with the description of the work and the explanations given by the said Engineer's Representative and that I understand perfectly the work to be done, as specified and implied, in the execution of this contract. TENDERERS REPRESENTATIVE: (Signature) .............................................................. (Name) ................................................................... ENGINEER'S REPRESENTATIVE: (Signature) ..............................................................
(Name) ...................................................................
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2H. CERTIFICATE OF AUTHORITY FOR SIGNATORY
Signatory for companies shall confirm their authority thereto by attaching a duly signed and dated copy of the relevant resolution of the boards of directors to this form. An example is given below: "By resolution of the board of directors passed at a meeting held on ..................................... Mr/Mrs ....................................... , whose signature appears below, has been duly authorised to sign all documents in connection with the Bid for Contract No. ................................. and any Contract that may arise there from on behalf of (name of Bidder in block capitals) ................ ............................................................................................................................................... SIGNED ON BEHALF OF THE COMPANY: IN HIS/HER CAPACITY AS: ................................................................................................... DATE: .................................................................................................................................... SIGNATURE OF SIGNATORY: .............................................................................................. WITNESSES: 1. ....................................................................................................... 2. .......................................................................................................
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2I. ALTERATIONS BY TENDERER
Should the tenderer desire to make any departure or modification to the General Conditions of Contract, Special Conditions of Contract, Specifications, Schedule of Quantities or Drawings, or to qualify his tender in any way, he shall set out his proposals clearly hereunder, or alternatively, state them in a covering letter attached to his tender and referred to hereunder, failing which the tender will be deemed to be unqualified.
PAGE CLAUSE OR ITEM DESCRIPTION
SIGNATURE OF TENDERER DATE: ..........................................................................................................................
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2J. SURETY AND BANK DETAILS
SURETY DETAILS The Surety we intend providing is from ................................................................................................... ................................................................................................................................................................. Contact Person ....................................................................................................................................... Contact Telephone numbers ................................................................................................................... Type of Surety ......................................................................................................................................... BANK DETAILS Bank Name ............................................................................................................................................. Account Number ..................................................................................................................................... Account Type .......................................................................................................................................... Contact Person ....................................................................................................................................... Tel No. ..................................................................................................................................................... Fax No. .................................................................................................................................................... Address ...................................................................................................................................................
BIDDER'S REPRESENTATIVE .............................................................................................
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2K. DETAILS OF ALTERNATIVE TENDER SUBMITTED
See condition of tender.
DESCRIPTION
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2L. COMPANY COMPOSITION
GENERAL
All information must be filled in spaces provided. If additional space is required, additional sheets may be
attached. The onus is on the Tenderer to fill in all the information. Failure to do so will result in points being
lost under equity. The full company composition is required including HDI and Non-HDI status. The
ownership must accumulate to 100%.
NAME IDENTITY
NUMBER
CITIZEN-
SHIP
NO
FRANCHISE
IN
ELECTION
PRIOR 1994
(Y/N)
DISABILITY FEMALE DATE OF
OWNERSHIP
% O
WN
ED
VO
TIN
G %
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2M. COMPANY REGISTRATION (TO BE ATTACHED HERE)
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2N. DECLARATION OF INTERESTS (KINSHIP, RELATIONSHIP WITH PERSONS EMPLOYED BY
ANDM)
In terms of the Municipal Supply Chain Management Regulations, no person or persons employed by the
State may be awarded a Tender by any municipality.
Any legal person, or persons having a kinship with persons employed by the ANDM including a blood
relationship, may make an offer in terms of this Tender invitation. In view of possible allegations of
favouritism, should the resulting Tender or part thereof be awarded to persons connected with or related to
an employee of ANDM, it is required that the Tenderder or his/her authorized representative declare his
position vis-à-vis the evaluating authority and/or take an oath declaring his/her interest, where–
- the legal person on who’s behalf the Tender document is signed, has a relationship with persons/a
person who are/is involved with the evaluation of the Tender(s), or where it is known that such a
relationship exists between the person or persons for or on who’s behalf the declarer acts and
persons who are involved with the evaluation of the Tender.
In order to give effect to the above, the following questionnaire shall be completed and submitted with the
Tender.
Do you, or any person have any relationship (family, friend, other) with a person employed with the ANDM or
its Administration and who may be involved with the evaluation, preparation and/or adjudication of this
Tender?
Yes/No
If so, state particulars
Are you or any other person connected with the Tender, employed by any organ of State?
Yes/No
If so, state particulars
SIGNATURE OF DECLARER DATE
POSITION OF DECLARER NAME OF COMPANY OR TENDERDER
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2O. DECLARATION OF INTEREST (IN THE SERVICE OF THE STATE) (MBD 4) MBD4
1. No bid will be accepted from persons in the service of the state. 2. Any person, having a kinship with persons in the service of the state, including a blood relationship,
may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority and/or take an oath declaring his/her interest.
3 In order to give effect to the above, the following questionnaire must be completed and
submitted with the bid. 3.1 Full Name: ………………………………………………………………………… 3.2 Identity Number: ………………………………………………………………… 3.3 Company Registration Number: ………………………………………………… 3.4 Tax Reference Number: ………………………………………………………… 3.5 VAT Registration Number: ………………………………………………………
3.6 Are you presently in the service of the state YES / NO
3.6.1 If so, furnish particulars. ……………………………………………………………… ……………………………………………………………… 3.7 Have you been in the service of the state for the past YES / NO twelve months? 3.7.1 If so, furnish particulars.
……………………………………………………………… ………………………………………………………………
MSCM Regulations: “in the service of the state” means to be –
(a) a member of – (i) any municipal council; (ii) any provincial legislature; or (iii) the national Assembly or the national Council of provinces;
(b) a member of the board of directors of any municipal entity; (c) an official of any municipality or municipal entity; (d) an employee of any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance
Management Act, 1999 (Act No.1 of 1999); (e) a member of the accounting authority of any national or provincial public entity; or (f) an employee of Parliament or a provincial legislature.
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3.8 Do you, have any relationship (family, friend, other) with persons in the service of the state and who may be involved with the evaluation and or adjudication of this bid? YES/NO
3.8.1 If so, furnish particulars. ……………………………………………………………… ……………………………………………………………… Are you, aware of any relationship (family, friend, other) between
a bidder and any persons in the service of the state who may be involved with the evaluation and or adjudication of this bid? YES / NO
3.9.1 If so, furnish particulars
……………………………………………………………. …………………………………………………………….
3.10 Are any of the company’s directors, managers, principle YES / NO shareholders or stakeholders in service of the state? 3.10.1 If so, furnish particulars. ……………………………………………………………… ……………………………………………………………… 3.11 Are any spouse, child or parent of the company’s directors, YES / NO
managers, principle shareholders or stakeholders in service of the state?
3.11.1 If so, furnish particulars. ……………………………………………………………… ………………………………………………………………
CERTIFICATION I, THE UNDERSIGNED (NAME) ………………………………………………………………………
CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS CORRECT. I ACCEPT THAT THE MUNICIPALITY MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………….. …………………………………….. Signature Date …………………………………. ……………………………………………………………………………. Position Name of Bidder
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2P. MBD 8
DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES
1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring
that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system.
3 The bid of any bidder may be rejected if that bidder, or any of its directors have:
a. abused the municipality’s / municipal entity’s supply chain management system or
committed any improper conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. willfully neglected, reneged on or failed to comply with any government, municipal or
other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of section 29 of the
Prevention and Combating of Corrupt Activities Act (No 12 of 2004).
4 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.
5 Item Question Yes No
4.1 Is the bidder or any of its directors listed on the National Treasury’s Database of
Restricted Suppliers as companies or persons prohibited from doing business with the
public sector?
(Companies or persons who are listed on this Database were informed in writing
of this restriction by the Accounting Officer/Authority of the institution that
imposed the restriction after the audi alteram partem rule was applied).
The Database of Restricted Suppliers now resides on the National Treasury’s
website(www.treasury.gov.za) and can be accessed by clicking on its link at the
bottom of the home page.
Yes
No
4.1.1 If so, furnish particulars:
4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)?
The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page.
Yes
No
4.2.1 If so, furnish particulars:
4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years?
Yes
No
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4.3.1 If so, furnish particulars:
Item Question Yes No
4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months?
Yes
No
4.4.1 If so, furnish particulars:
4.5 Was any contract between the bidder and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract?
Yes
No
4.7.1 If so, furnish particulars:
CERTIFICATION
I, THE UNDERSIGNED (FULL NAME) …………..……………………………..…… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM TRUE AND CORRECT.
I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.
………………………………………. ………………………….. Signature Date
………………………………………. ………………………….. Position Name of Bidder
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2Q. MBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION
1 This Municipal Bidding Document (MBD) must form part of all bids¹ invited.
2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds.
3 Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must provide measures for the combating of abuse of the supply chain management system, and must enable the accounting officer, among others, to:
a. take all reasonable steps to prevent such abuse;
b. reject the bid of any bidder if that bidder or any of its directors has abused the supply chain
management system of the municipality or municipal entity or has committed any improper conduct in relation to such system; and
c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act
during the bidding process or the execution of the contract.
4 This MBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging.
5 In order to give effect to the above, the attached Certificate of Bid Determination (MBD 9) must be completed and submitted with the bid:
¹ Includes price quotations, advertised competitive bids, limited bids and proposals.
² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.
³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.
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MBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid:
____________________________________________________________________ (Bid Number and Description)
in response to the invitation for the bid made by:
____________________________________________________________________ (Name of Municipality / Municipal Entity)
do hereby make the following statements that I certify to be true and complete in every respect: I certify, on behalf of:________________________________________________that:
(Name of Bidder)
1. I have read and I understand the contents of this Certificate;
2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete
in every respect;
3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder;
4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine
the terms of, and to sign, the bid, on behalf of the bidder;
5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall
include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who:
(a) has been requested to submit a bid in response to this bid invitation; (b) could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or
experience; and (c) provides the same goods and services as the bidder and/or is in the same line of business as the bidder
6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication,
agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium³ will not be construed as collusive bidding.
7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding:
(a) prices; (b) geographical area where product or service will be rendered (market allocation) (c) methods, factors or formulas used to calculate prices; (d) the intention or decision to submit or not to submit, a bid; (e) the submission of a bid which does not meet the specifications and conditions of the bid; or (f) bidding with the intention not to win the bid.
8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates.
9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract.
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10. I am aware that, in addition and without prejudice to any other remedy provided to combat any
restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation.
…………………………………………… ………………………………… Signature Date ……………………………………………. ………………………………… Position Name of Bidder
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2R MBD 5
DECLARATION FOR PROCUREMENT ABOVE R10 MILLION (ALL APPLICABLE TAXES
INCLUDED)
For all procurement expected to exceed R10 million (all applicable taxes included), bidders must complete the
following questionnaire: 1 Are you by law required to prepare annual financial statements
for auditing? YES/NO 1.1 If yes, submit audited annual financial statements for the past
three years or since the date of establishment if established during the past three years.
……………………………………………………………… ……………………………………………………………… 2 Do you have any outstanding undisputed commitments for
municipal services towards any municipality for more than three months or any other service provider in respect of which payment is overdue for more than 30 days? YES / NO
2.1 If no, this serves to certify that the bidder has no undisputed
commitments for municipal services towards any municipality for more than three months or other service provider in respect of which payment is overdue for more than 30 days.
2.2 If yes, provide particulars.
………………………………………………………………
………………………………………………………………
………………………………………………………………
……………………………………………………………… 3 Has any contract been awarded to you by an organ of state
during the past five years, including particulars of any material non-compliance or dispute concerning the execution of such contract? YES/NO
3.1 If yes, furnish particulars
………………………………………………………………
………………………………………………………………
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4. Will any portion of goods or services be sourced from outside YES / NO the Republic, and, if so, what portion and whether any portion of payment from the municipality / municipal entity is expected to be transferred out of the Republic?
4.1 If yes, furnish particulars
……………………………………………………………… ………………………………………………………………
CERTIFICATION
I, THE UNDERSIGNED (NAME) ………………………………………………………………
CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS CORRECT. I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.
………………………………….. …………………………………….. Signature Date
………………………................. ……………………………………. Position Name of Bidder
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2S. DECLARATION (VALIDITY OF INFORMATION PROVIDED)
I……………………………………………………………….declare that the information provided is true
and correct, the signature to the Tender document is duly authorised and documentary proof regarding
any Tendering issue will, when required, be submitted to the satisfaction of the Alfred Nzo District
Municipality.
………………………………………………………………………………………………………………………
SIGNATURE OF DECLARER DATE
………………………………………………………………………………………………………………………
POSITION OF DECLARER NAME OF COMPANY OF
TENDERER
Should the Tenderer have, in the opinion of the ANDM, acted fraudulently illegally, in bad faith or in
any improper manner, misrepresented itself with regard to the Tender, then the ANDM may, in its sole
discretion:
* Ignore any Tenders without advising the Tenderer thereof
* Cancel the contract without prejudice to any legal rights the ANDM may have
Should the Tenderer disregard this or conduct affairs in a way that transgresses from good
business practices, this could seriously impair future business relations between the ANDM
and such Tenderer.
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2T. BANK RATING REFERENCE
1. Provide an original bank stamped document indicating the Contractors current bank rating
code.
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3. ADJUDICATION OF TENDERS
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MBD 6.1
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011
This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS,
DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2011.
1. GENERAL CONDITIONS 1.1 The following preference point systems are applicable to all bids:
- the 80/20 system for requirements with a Rand value of up to R1 000 000 (all applicable taxes included); and
- the 90/10 system for requirements with a Rand value above R1 000 000 (all applicable taxes included).
1.2 The value of this bid is estimated to exceed R1 000 000 (all applicable taxes included) and therefore
the 90/10 system shall be applicable. 1.3 Preference points for this bid shall be awarded for:
(a) Price; and (b) B-BBEE Status Level of Contribution.
1.3.1 The maximum points for this bid are allocated as follows: POINTS
1.3.1.1 PRICE 90 1.3.1.2 B-BBEE STATUS LEVEL OF CONTRIBUTION 10 Total points for Price and B-BBEE must not exceed 100
1.4 Failure on the part of a bidder to fill in and/or to sign this form and submit a B-BBEE Verification
Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.
1.5. The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time
subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.
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2. DEFINITIONS 2.1 “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment insurance
fund contributions and skills development levies;
2.2 “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act;
2.3 “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity based
on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;
2.4 “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of
state for the provision of services, works or goods, through price quotations, advertised competitive bidding processes or proposals;
2.5 “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic
Empowerment Act, 2003 (Act No. 53 of 2003); 2.6 “comparative price” means the price after the factors of a non-firm price and all unconditional
discounts that can be utilized have been taken into consideration; 2.7 “consortium or joint venture” means an association of persons for the purpose of combining their
expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract; 2.8 “contract” means the agreement that results from the acceptance of a bid by an organ of state; 2.9 “EME” means any enterprise with annual total revenue of R5 million or less. 2.10 “Firm price” means the price that is only subject to adjustments in accordance with the actual increase
or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract;
2.11 “functionality” means the measurement according to predetermined norms, as set out in the bid
documents, of a service or commodity that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a bidder;
2.12 “non-firm prices” means all prices other than “firm” prices; 2.13 “person” includes a juristic person;
2.14 “rand value” means the total estimated value of a contract in South African currency, calculated at the
time of bid invitations, and includes all applicable taxes and excise duties;
2.15 “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing, another person to support such primary contractor in the execution of part of a project in terms of the contract;
2.16 “total revenue” bears the same meaning assigned to this expression in the Codes of Good Practice on
Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007;
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2.17 “trust” means the arrangement through which the property of one person is made over or bequeathed
to a trustee to administer such property for the benefit of another person; and 2.18 “trustee” means any person, including the founder of a trust, to whom property is bequeathed in order
for such property to be administered for the benefit of another person. 3. ADJUDICATION USING A POINT SYSTEM 3.1 The bidder obtaining the highest number of total points will be awarded the contract. 3.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into
account all factors of non-firm prices and all unconditional discounts;. 3.3 Points scored must be rounded off to the nearest 2 decimal places. 3.4 In the event that two or more bids have scored equal total points, the successful bid must be the one
scoring the highest number of preference points for B-BBEE. 3.5 However, when functionality is part of the evaluation process and two or more bids have scored equal
points including equal preference points for B-BBEE, the successful bid must be the one scoring the highest score for functionality.
3.6 Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots.
4. POINTS AWARDED FOR PRICE 4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 or 90/10
or
Where Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration Pmin = Comparative price of lowest acceptable bid 5. Points awarded for B-BBEE Status Level of Contribution 5.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points
must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:
min
min180
P
PPtPs
min
min190
P
PPtPs
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B-BBEE Status Level of Contributor
Number of points
(90/10 system)
Number of points
(80/20 system)
1 10 20
2 9 18
3 8 16
4 5 12
5 4 8
6 3 6
7 2 4
8 1 2
Non-compliant contributor 0 0
5.2 Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an
Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA’s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates.
5.3 Bidders other than EMEs must submit their original and valid B-BBEE status level verification certificate
or a certified copy thereof, substantiating their B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS.
5.4 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity,
provided that the entity submits their B-BBEE status level certificate. 5.5 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an
unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate bid.
5.6 Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in
terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice. 5.7 A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that
such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the intended sub-contractor is an EME that has the capability and ability to execute the sub-contract.
a. A person awarded a contract may not sub-contract more than 25% of the value of the contract to any
other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-contract.
6. BID DECLARATION 6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following: 7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.3.1.2 AND
5.1
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7.1 B-BBEE Status Level of Contribution: ……. = ………(maximum of 10 or 20 points)
(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA).
8. SUB-CONTRACTING 8.1 Will any portion of the contract be sub-contracted? YES / NO (delete which is not applicable) 8.1.1 If yes, indicate: (i) what percentage of the contract will be subcontracted? .....................……………….…% (ii) the name of the sub-contractor? ………………………………………………………….. (iii) the B-BBEE status level of the sub-contractor? ….………….. (iv) whether the sub-contractor is an EME? YES / NO (delete which is not applicable) 9 DECLARATION WITH REGARD TO COMPANY/FIRM 9.1 Name of firm : ......................................................................................................
9.2 VAT registration number :
9.3 Company registration number …………………………………………………………………….
9.4 TYPE OF COMPANY/ FIRM
Partnership/Joint Venture / Consortium
One person business/sole propriety
Close corporation
Company
(Pty) Limited [TICK APPLICABLE BOX] 9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ……….. ................................................................................................................................................................
……….. ................................................................................................................................................................
……….. ................................................................................................................................................................
9.6 COMPANY CLASSIFICATION
Manufacturer
Supplier
Professional service provider
Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX] 9.7 MUNICIPAL INFORMATION Municipality where business is situated ………………………………………………………. Registered Account Number …........................................................…………………………. Stand Number ……………….......................................................……………………………….
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9.8 TOTAL NUMBER OF YEARS THE COMPANY/FIRM HAS BEEN IN BUSINESS? ……………… 9.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm,
certify that the points claimed, based on the B-BBE status level of contribution indicated in paragraph 7 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that:
(i) The information furnished is true and correct; (ii) The preference points claimed are in accordance with the General Conditions as
indicated in paragraph 1 of this form. (iii) In the event of a contract being awarded as a result of points claimed as shown in
paragraph 7, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;
(iv) If the B-BBEE status level of contribution has been claimed or obtained on a
fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –
(a) disqualify the person from the bidding process; (b) recover costs, losses or damages it has incurred or suffered as a result of that
person’s conduct; (c) cancel the contract and claim any damages which it has suffered as a result of
having to make less favourable arrangements due to such cancellation;
(d) restrict the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and
(e) forward the matter for criminal prosecution
(f) WITNESSES:
1. ………………………………………………….. 2. …………………………………………………… DATE:………………….…………….……. ADDRESS:………………………………… ……………………………………………….. ……………………………………………….. ………………………………………………..
………………………………….. SIGNATURE(S) OF TENDERER(S)
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MBD 6.2 DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT
This Municipal Bidding Document (MBD) must form part of all bids invited. It contains general information and serves as a declaration form for local content (local production and local content are used interchangeably). Before completing this declaration, bidders must study the General Conditions, Definitions, Directives applicable in respect of Local Content as prescribed in the Preferential Procurement Regulations, 2011 and the South African Bureau of Standards (SABS) approved technical specification number SATS 1286:201x. 1. General Conditions 1.1. Preferential Procurement Regulations, 2011 (Regulation 9.(1) and 9.(3) make provision for the
promotion of local production and content. 1.2. Regulation 9.(1) prescribes that in the case of designated sectors, where in the award of bids local
production and content is of critical importance, such bids must be advertised with the specific bidding condition that only locally produced goods, services or works or locally manufactured goods, with a stipulated minimum threshold for local production and content will be considered.
1.3. Regulation 9.(3) prescribes that where there is no designated sector, a specific bidding condition may
be included, that only locally produced services, works or goods or locally manufactured goods with a stipulated minimum threshold for local production and content, will be considered.
1.4. Where necessary, for bids referred to in paragraphs 1.2 and 1.3 above, a two stage bidding process
may be followed, where the first stage involves a minimum threshold for local production and content and the second stage price and B-BBEE.
1.5. A person awarded a contract in relation to a designated sector, may not sub-contract in such a manner
that the local production and content of the overall value of the contract is reduced to below the stipulated minimum threshold.
1.6. The local content (LC) as a percentage of the bid price must be calculated in accordance with the SABS
approved technical specification number SATS 1286: 201x as follows:
LC = 1 x 100 Where
x imported content y bid price excluding value added tax (VAT)
Prices referred to in the determination of x must be converted to Rand (ZAR) by using the exchange rate published by the South African Reserve Bank (SARB) at 12:00 on the date, one week (7 calendar days) prior to the closing date of the bid as required in paragraph 4.1 below.
1.7. A bid will be disqualified if:
the bidder fails to achieve the stipulated minimum threshold for local production and content indicated in paragraph 3 below; and.
this declaration certificate is not submitted as part of the bid documentation.
2. Definitions 2.1. “bid” includes advertised competitive bids, written price quotations or proposals; 2.2. “bid price” price offered by the bidder, excluding value added tax (VAT);
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2.3. “contract” means the agreement that results from the acceptance of a bid by an organ of state;
2.4. “designated sector” means a sector, sub-sector or industry that has been designated by the Department of Trade and Industry in line with national development and industrial policies for local production, where only locally produced services, works or goods or locally manufactured goods meet the stipulated minimum threshold for local production and content;
2.5. “duly sign “means a Declaration Certificate for Local Content that has been signed by the Chief Financial Officer or other legally responsible person nominated in writing by the Chief Executive, or senior member / person with management responsibility (close corporation, partnership or individual).
2.6. “imported content” means that portion of the bid price represented by the cost of components, parts or materials which have been or are still to be imported (whether by the supplier or its subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct importation costs, such as landing costs, dock duties, import duty, sales duty or other similar tax or duty at the South African port of entry;
2.7. “local content” means that portion of the bid price which is not included in the imported content, provided that local manufacture does take place;
2.8. “stipulated minimum threshold” means that portion of local production and content as determined by the Department of Trade and Industry; and
2.9. “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing
another person to support such primary contractor in the execution of part of a project in terms of the contract.
3. The stipulated minimum threshold(s) for local production and content for this bid is/are as
follows:
Description of services, works or goods Stipulated minimum threshold
Gate Valves 70% Fire Hydrants 70% Air valves 70% Ball valves 70% Taps & Cocks 70% Control valves 70%
4. Does any portion of the services, works or goods offered have any imported content? YES / NO
4.1 If yes, the rate(s) of exchange to be used in this bid to calculate the local content as prescribed in
paragraph 1.6 of the general conditions must be the rate(s) published by the SARB for the specific currency at 12:00 on the date, one week (7 calendar days) prior to the closing date of the bid.
The relevant rates of exchange information is accessible on www.reservebank.co.za.
Indicate the rate(s) of exchange against the appropriate currency in the table below:
Currency Rates of exchange
US Dollar
Pound Sterling
Euro
Yen
Other
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NB: Bidders must submit proof of the SARB rate (s) of exchange used.
LOCAL CONTENT DECLARATION BY CHIEF FINANCIAL OFFICER OR OTHER LEGALLY
RESPONSIBLE PERSON NOMINATED IN WRITING BY THE CHIEF EXECUTIVE OR SENIOR MEMBER/PERSON WITH MANAGEMENT RESPONSIBILITY (CLOSE CORPORATION, PARTNERSHIP
OR INDIVIDUAL)
IN RESPECT OF BID No. ................................................................................. ISSUED BY: (Procurement Authority / Name of Municipality / Municipal Entity): …………………………….. ………............................................................................................................
NB The obligation to complete, duly sign and submit this declaration cannot be transferred to an external authorized representative, auditor or any other third party acting on behalf of the bidder. I, the undersigned, …………………………….................................................. (full names), do hereby declare, in my capacity as ……………………………………… ……….. of ...............................................................................................................(name of bidder entity), the following:
(a) The facts contained herein are within my own personal knowledge. (b) I have satisfied myself that the goods/services/works to be delivered in terms of the above-specified bid comply with the minimum local content requirements as specified in the bid, and as measured in terms of SATS 1286. (c) The local content has been calculated using the formula given in clause 3 of SATS 1286, the rates of exchange indicated in paragraph 4.1 above and the following figures:
Bid price, excluding VAT (y) R
Imported content (x) R
Stipulated minimum threshold for Local content (paragraph 3 above)
Local content % as calculated in terms of SATS 1286
If the bid is for more than one product, a schedule of the local content by product shall be attached.
(d) I accept that the Procurement Authority / Municipality /Municipal Entity has the right to request that the local content be verified in terms of the requirements of SATS 1286. (e) I understand that the awarding of the bid is dependent on the accuracy of the information furnished in this application. I also understand that the submission of incorrect data, or data that are not verifiable as described in SATS 1286, may result in the Procurement Authority / Municipal / Municipal Entity imposing any or all of the remedies as provided for in Regulation 13 of the Preferential Procurement Regulations, 2011 promulgated under the Policy Framework Act (PPPFA), 2000 (Act No. 5 of 2000). SIGNATURE: DATE: ___________ WITNESS No. 1 DATE: ___________ WITNESS No. 2 DATE: ___________
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THE CONTRACT
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PART C1 AGREEMENT AND CONTRACT DATA C1.1 FORM OF OFFER AND ACCEPTANCE C1.2 CONTRACT DATA C1.3 FORM OF GUARANTEE (PRO FORMA). C1.4 RETENTION MONEY GUARANTEE (PRO FORMA) C1.5 AGREEMENT IN TERMS OF THE OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 (ACT NO 85 OF 1993)
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C1.1 FORM OF OFFER AND ACCEPTANCE
OFFER
The employer, identified in the acceptance signature block, has solicited offers to enter into a contract for
the procurement of:
SERVICING OF MOUNT AYLIFF PERI URBAN STANDS: WATER AND SEWER PHASE 2B – SINGENI BULK WATER SUPPLY AND RESERVOIR
Contract No: ANDM/IDMS-PMU/198/12/05/16 The tenderer, identified in the offer signature block, has examined the documents listed in the tender data
and addenda thereto as listed in the returnable schedules, and by submitting this offer has accepted the
conditions of tender.
By the representative of the tenderer, deemed to be duly authorized, signing this part of this form of offer
and acceptance, the tenderer offers to perform all of the obligations and liabilities of the contractor under
the contract including compliance with all its terms and conditions according to their true intent and
meaning for an amount to be determined in accordance with the conditions of contract identified in the
contract data.
THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rand (in words); R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (in figures)
This offer may be accepted by the employer by signing the acceptance part of this form of offer and
acceptance and returning one copy of this document to the tenderer before the end of the period of validity
stated in the tender data, whereupon the tenderer becomes the party named as the contractor in the
conditions of contract identified in the contract data.
For the tenderer
Signature Date
Name Capacity
(Name and address of organization)
Name and signature of witness
CIDB Registration number
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___________________________________________________________________________ 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 agreement)
Part C2: Pricing data
Part C3: Scope of work.
Part C4: Site information
and drawings and documents or parts thereof, which may be incorporated by reference into Parts 1 to 4
above.
Deviations from and amendments to the documents listed in the tender data and any addenda thereto as
listed in the tender schedules as well as any changes to the terms of the offer agreed by the tenderer and
the employer during this process of offer and acceptance, are contained in the schedule of deviations
attached to and forming part of this agreement. No amendments to or deviations from said documents are
valid unless contained in this schedule.
The tenderer shall within two weeks after receiving a completed copy of this agreement, including the
schedule of deviations (if any), contact the employer’s agent (whose details are given in the contract data)
to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be
provided in terms of the conditions of contract identified in the contract data. Failure to fulfil any of these
obligations in accordance with those terms shall constitute a repudiation of this agreement.
Notwithstanding anything contained herein, this agreement comes into effect on the date when the
tenderer receives one fully completed original copy of this document, including the schedule of deviations
(if any). Unless the tenderer (now contractor) within five working days of the date of such receipt notifies
the employer in writing of any reason why he cannot accept the contents of this agreement, this agreement
shall constitute a binding contract between the parties.
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For the Employer
Signature Date
Name Capacity
Alfred Nzo District Municipality
Private bag x511
Mount Ayliff
4735
Name and signature of witness
Date:
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Schedule of Deviations
Notes:
1. The extent of deviations from the tender documents issued by the Employer prior to the tender
closing date is limited to those permitted in terms of the Conditions of Tender.
2. A Tenderer's covering letter shall not be included in the final contract document. Should any
matter in such letter, which constitutes a deviation as aforesaid, become the subject of agreements
reached during the process of offer and acceptance, the outcome of such agreement shall be
recorded here.
3. Any other matter arising from the process of offer and acceptance either as a confirmation,
clarification or change to the tender documents and which it is agreed by the Parties becomes an
obligation of the contract and shall also be recorded here.
4. Any change or addition to the tender documents arising from the above agreements and recorded
here, shall also be incorporated into the final draft of the Contract.
1 Subject:.. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 tender schedules, as well as any confirmation,
clarification or changes to the terms of the offer agreed by the tenderer and the employer during this
process of offer and acceptance.
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It is expressly agreed that no other matter whether in writing, oral communication or implied during the
period between the issue of the tender documents and the receipt by the tenderer of a completed signed
copy of this Agreement shall have any meaning or effect in the contract between the parties arising from
this agreement.
For the Employer
Signature Date
Name Capacity
Alfred Nzo District Municipality
Private Bag X511
Mount Ayliff
4735
Name and signature of witness
Date:
For the tenderer
Signature Date
Name Capacity
(Name and address of organization)
Name and signature of witness
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CONFIRMATION OF RECEIPT The Tenderer (now Contractor), identified in the Offer part of this Agreement, hereby confirms receipt from the Employer, identified in the Acceptance part of this Agreement, of one fully completed original copy of this Agreement, including the Schedule of Deviations (if any) today: the …………..…… (day) of ……………………………………………………. (month) 20…….…. (year) at ………………………………………………………… (place) For the Contractor: …………….………………………………………………… Signature ……………………………………………………..…..…….. Name ………………………………………………….…………….. Capacity Signature and name of witness: ……………………………………………….……………….. Signature ………………………………………………………………… Name
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C1.2 CONTRACT DATA
PART 1: DATA PROVIDED BY THE EMPLOYER
1. CONDITIONS OF CONTRACT
The General Conditions of Contract for Construction Works, Second Edition, 2010, published by the
South African Institution of Civil Engineering, is applicable to this Contract and is obtainable from
www.saice.org.za
Copies of these Conditions of Contract may be obtained from the South African Institution of Civil
Engineering, tel. 011 805 5947.
2. CONTRACT SPECIFIC DATA
Part 1: Data provided by the Employer
The following contract specific data are applicable to this Contract:
Clause
1.1.1
1.3.5
4.1.2
4.3.1
Items and data
Definitions
Add the following definition:
"1.1.1.35 "Schedule of Documents" means the document so designated in and forming
part of the Tender Documents.".
Contractor’s Copyright
Add to Clause 1.3.5:
"The Contract Specific Data, Specifications (other than Standardized Specifications), Bill
of Quantities and Drawings are the copyright of Sizo EMS/Bosch JV."
Contractor's liability for own design errors
In Clause 4.1.2, line 4, amend "any drawing" to read "any design, drawing".
Compliance with applicable laws
Add to the end of Clause 4.3.1:
“The Contractor shall, within the time stated in the Appendix to Part 1 of the Contract
Data, deliver to the Employer, for his approval, a health and safety plan as required by
Regulations 4(2) and 5(1) of the Construction Regulations, 2014 of the Occupational
Health and Safety Act.
The Employer shall approve (or disapprove) the health and safety plan within the time
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4.3.2
5.4.2
5.12.1
5.12.2
stated in the Appendix to Part 1 of the Contract Data from the date of receipt of the
submission.
The Contractor shall, within the time stated in the Appendix to Part 1 of the Contract
Data, deliver to the Employer a Mandatary Form as envisaged by Section 37(2) of the
Occupational Health and Safety Act. (See Pro Forma : Agreement in terms of the
Occupational Health and Safety Act bound in the Tender Documents.)”.
Proof of good standing
Add to Clause 4.3.2:
"With regard to the Compensation for Occupational Injuries and Diseases Act (Act No.
130 of 1993), the Contractor shall, within such time as is stated in the Appendix to Part 1
of the Contract Data for the production of insurance policies in terms of Clause 8.6.6,
deliver to the Employer a letter, either
(a) from his Insurance Company certifying that the Contractor has effected
insurance with the Company for the full extent of his potential liability in respect of all
workmen employed by him on the Contract and undertaking to notify the Employer of
the expiry date of the policy at least one calendar month before such date, or
(b) from the Compensation Commissioner certifying that the Contractor has
complied with the requirements of the above-mentioned Act and is at present in good
standing with the Compensation Fund.".
Access not exclusive
The access and possession of Site shall not be exclusive to the Contractor but as set
out in the Scope of Works.
Extension of time for Practical Completion
Add to Clause 5.12.1:
"Should the Contractor consider that he may, during the course of the Contract, wish to
invoke "abnormal climatic conditions" as a circumstance entitling him to an extension of
time for the completion of the Works, he shall, before commencing any of the
Permanent Works, establish an approved weather recording station with an approved
observer who shall record daily the weather conditions that the Contractor may wish to
invoke. The records shall be submitted weekly to the Engineer's Representative,
together with a statement recording the Contractor's opinion of the effect on his
programme of any weather condition that he may consider to be abnormal.".
Some reasons for extension of time
Extensions of time in respect of clause 5.12.2.2 in respect of abnormal rainfall shall be
calculated using the following formula for each calendar month or part thereof:
V = (Nw – Nn) + (Rw – Rn)
X
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6.6.1
6.6.2
Where:
V = Extension of time in calendar days in respect of the calendar month under
consideration.
Nw = Actual number of days during the calendar month on which a rainfall of 10 mm
or more has been recorded.
Nn = Average number of days in the relevant calendar month , as derived from
existing rainfall records, as stated in the Site Information, on which a rainfall of
20mm or more has been recorded for the calendar month.
Rw = Actual average rainfall in mm recorded for the calendar month under
consideration.
Rn = Average rainfall in mm for the calendar month as derived from existing rainfall
records as stated in the Site Information.
For purposes of the Contract Nn, Rn, X and Y shall have those values assigned to them
in the Appendix and/or the Specification.
If V is negative and its absolute value exceeds Nn, then V shall be taken as equal to
minus Nn.
The total extension of time shall be the algebraic sum of all monthly totals for the period
under consideration, but if the total is negative the time for completion shall not be
reduced due to subnormal rainfall.
Extensions of time for part of a month shall be calculated using pro rata values of Nn
and Rn.
This formula does not take account flood damage which could cause further or
concurrent delays and will be treated separately as far as extension of time is
concerned.
The factor (Nw – Nn) shall be considered to represent a fair allowance for variations
from the average in the number of days during which rainfall exceeds 10 mm. The factor
(Rw-Rn) shall be considered to represent a fair allowance for variations from the
average in the number of days during which the rainfall did not exceed 10 mm but wet
conditions prevented or disrupted work.
For the purpose of applying the formula, accurate rain gauging shall be taken at a
suitable point on the Site and the Contractor shall at his own expense, take all
necessary precautions to ensure that rain gauges cannot be interfered with by
unauthorized persons.
Provisional Sums
In Clause 6.6.1.2.1, the first line, after the word "sums", insert ", excluding VAT," and in
Clause 6.6.1.2.2, the third line, after the word "amount" insert ", excluding VAT,".
Prime Cost Sums
In Clause 6.6.2, line 4, after the word "price", insert ", excluding VAT,".
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6.9.1
6.9.2
6.10.1
7.2.1
7.8.1
8.3.1
8.6.1
8.6.5
Vesting of Plant and Materials
Add to Clause 6.9.1:
"The Contractor shall where practicable before delivery, and in any event not later than
24 hours after delivery to the Site, inform the Engineer of any materials which are not his
sole property.".
Definition of "materials
In Clause 6.9.2, last line, amend "Works" to read "Permanent Works".
Interim Payments
In Clause 6.10.1.5, line 4 amend "documentary evidence" to read "a signed statement".
Quality of Plant, Workmanship and Materials
Add at the end of Clause 7.2.1:
"Unless otherwise directed in writing by the Engineer, materials for the Permanent
Works shall be new and unused.
Making good of defects in Defects Liability Period
In Clause 7.8.1, paragraph 2, line 2, after the words "Defects Liability Period", insert
"within the period specified by the Engineer", and amend "thereafter" to read "after the
Defects Liability Period".
Excepted risks
In Clause 8.3.1.9 insert at the beginning, "Except where the Contract specifically so
provides,".
Insurances to be effected
Add to Clause 8.6.1.3:
"The minimum amount of insurance required in terms of this Clause, as stated in the
Appendix to Part 1 of the Contract Data, shall be per event, the number of events being
unlimited.".
Amend Clause 8.6.1.5 to read:
"Insurance of all materials stored off Site, and intended for incorporation in the
Permanent Works, including their delivery to the Site and off-loading on Site, to the
value of such materials for which payment is made in terms of Clause 6.10.1.1 hereof.".
Employer to approve insurance policy
Add to Clause 8.6.5:
“The Employer shall approve (or disapprove) the terms of the insurances within
the time stated in the Appendix to Part 1 of the Contract Data from the date of receipt of
the policies provided in terms of Clause 8.6.5.”.
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8.6.6
8.6.8
Contractor to produce proof of payment
Add to Clause 8.6.6:
"The policies and the proof of payment of premiums and continuity of the policies shall
be produced within such time as is stated in the Appendix to Part 1 of the Contract
Data.".
Claims arising
Add Clause 8.6.8:
"In the event of any claim arising under the policies held in terms of this Clause, the
Contractor shall forthwith take all necessary steps to lodge his claim on the joint behalf
of himself and the Employer, and to secure settlement of such claim, and he shall
submit to the Engineer copies of all claims and associated documents. The claim
submitted by the Contractor shall cover the cost of repairing and making good as
required by Clauses 8.2.2.1 and 8.2.2.3.".
ADDITIONAL CLAUSES
Form of Offer
The Form of Offer to be used shall be the Offer bound in this document, which is not
necessarily the same as that attached to the published version of the General
Conditions of Contract.
Form of Acceptance
The Form of Acceptance to be used shall be the Acceptance bound in this document,
which is not necessarily the same as that attached to the published version of the
General Conditions of Contract.
Pro forma – Performance Guarantee
The Performance Guarantee shall be in the form bound in this document, which is not
necessarily the same as that attached to the published version of the General
Conditions of Contract.
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3. COMPULSORY DATA
Clause Item and data
1.1.1.5
1.1.13
1.1.14
1.1.1.15
1.1.1.16
1.2.1.2
The “commencement data” means the date of acceptance of the contractor’s offer by
the Employer
The Defects Liability Period is measured from the date of Certificate of Completion.
The time for achieving Practical Completion is 12 month inclusive of shutdown period
(measured from the Commencement Date)
The name of the Employer is Alfred Nzo District Municipality
The name of the Engineer is Sizo Engineering And Management Services
(hereinafter referred to as Sizo EMS) represented by the Employee duly authorised
thereto in writing.
The address of the Employer is:
Physical address: Postal address:
Ntsizwa Street Private Bag X 511
MOUNT AYLIFF MOUNT AYLIFF
4735 4735
Tel: (039) 254 5000, Fax: (039) 254 0343
The Engineer is: SIZO ENGINEERING AND MANAGEMENT SERVICES
The address of the Engineer is:
Physical address: Postal address:
15 KENNINGTON ROAD PO Box 19553
NAHOON
EAST LONDON
5241
Telephone: 043 735 3337, Fax: 086 604 7880
E-mail: [email protected]
1.1.1.12
& 5.8
3.1.3
The special non-working days are public holidays, Saturdays & Sundays.
The office shut down for contractors for 2015-2016, 2016 -2017 is as indicated by
SAFCEC.
The Engineer shall obtain the specific approval of the Employer before executing any
for the functions or duties according Clauses of the General Conditions of Contract.
1 Clause 4.4.3: Providing consent for sub-contracting part of the contract
2 Clause 6.3: Variations
3 Clause 5.12 Extension of Time for Practical Completion
4 Clause 5.13: Reducing penalties
5 Clause 10.1 Ruling on Contractor claim
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5.3.1
5.3.2
5.4.1
5.13.1
5.16.3
6.2.1
The documentation required before commencement with Works execution are:
Health and Safety Plan (Refer to Clause 4.3)
Initial programme (Refer to Clause 5.6
Security (Refer to Clause 6.2)
Insurance (Refer to Clause 8.6)
The time to submit the documentation required under clause 5.3.1 is fourteen (14)
days.
Commencement of the works (clause 5.3.1) can only be granted by the Engineer
once the Permit to do Construction Work, in terms of Regulation 3 (2) of the
Construction Regulations 2014, is in place.
It is envisaged, considering the Permit process, that the commencement of works will
be 55 days after the commencement of the Contract.
In this time the Contractor is required to provide the following documentation for
approval:
Construction Method Statement
Quality Control Method Statement
Environmental Method Statements as listed under EM (Specifications) point 4.3.1
OH&S method statements
The Contractor shall not have the right to access the works until he has complied with
his obligations in terms of Clause 6.2.1 – Guarantee.
The penalty for failing to complete the works is 0.01% of the contract amount per
working day (zero comma zero two percent) or prorate the sum for non-compliance in
any progressive portion.
The latent defect period is ten (10) years for civil engineering works
The time to deliver the Deed of Guarantee is 14 days of the Commencement Date.
The Guarantee shall be of an Insurance Company listed on the Johannesburg Stock
Exchange or owned by such company, a Registered South African Bank or
recognised government sponsored, provincial or national development agency.
Unless agreed in writing by the Engineer, Execution of Work (Clause 5.3.1) shall not
commence until the contractor has complied with his obligations in terms of this
Clause.
The Form of Guarantee is to contain the wording of the document included in C1.3.
The liability for the guarantee shall be for:
(1) Sureties must be obtained in respect of construction projects, classified
as follows :
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6.5.1.2.3
6.8.2
6.10.1
6.10.1.5
6.10.3
6.10.4
7.8.1
8.6
8.6.1.1.2
8.6.1.1.3
8.6.1.3
10.5
The percentage allowance to cover overhead charges is 15%
Contract Price Adjustment is applicable.
The Contractor shall attach to his certificate the required information regarding the
nature, number etc. of labour employed.
The percentage advance on materials not yet built into permanent works is 80%
(eighty percent).
The percentage retention on the amounts due to the Contractor is 10% (ten percent).
The “Limit of the retention money” is 5 % (five percent) of the Contract Price.
The Engineer shall call for a VAT invoice from the Contractor with the payment
certificate within 7 days of measurement and will deliver to the Employer this VAT
invoice within 7 days of receipt. If the Engineer does not call for the VAT invoice
within the seven days, the Contractor shall immediately bring this to the attention of
the Engineer in writing.
The defects liability period is 12 (twelve) months.
Proof of insurance is to be submitted to the Engineer within 14 days after the
Commencement date.
The value of the materials supplied by the Employer to be included in the insurance
sum is Nil.
The amount to cover professional fees for repairing damages and loss to be included
in the insurance sum is 15% (fifteen percent).
The limit of indemnity for liability insurance is 5 million
Dispute resolution is to be by means of adjudication
Disputes are to be referred for final settlement to arbitration
AMOUNT PERCENTAGE
R200 000 Nil
R200 001-R1 000 000 2.5%
R1 000 001-R3 000 000 5%
R3 000 001-R5 000 000 7.5%
R5 000 001- and above 10%
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Part 2: Data provided by the Contractor
Clause Item and data
1.1.19
1.2.1.2
The name of the Contractor is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The address of the contractor is:
Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . .
Facsimile: . . . . . . . . . . . . . . . . . . . . . . . . . . .
E-mail: ………………………………………..
Address (physical): . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
Address (postal): . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
6.2.1 The security to be provided by the Contractor shall be one of the following:
Type of Security (Indicate if Value-Added Tax is excluded from the Contract Sum and the value of the Works for calculating the percentages)
Contractor's choice. Indicate "Yes" or "No"
Cash deposit of 10% of the Contract Sum plus retention of 5% of the value of the Works (incl. VAT)
Performance guarantee of 10% of the Contract Sum plus retention of 5% of the value of the Works (incl. VAT)
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VARIATIONS TO THE CONDITIONS OF CONTRACT ARE: Clause 5.3.3 Add the following to Clause 5.3.3 after the last sentence:
"The Contractor shall not commence working until they have an approved project specific health and safety plan in terms of the Occupational Health and Safety Act 1993: Construction Regulations 2014 and complied with the initial requirements thereof."
5.14.1 Practical Completion:
Replace the last sentence of the second paragraph: "Should the Engineer … on the Due Completion Date." with the following: "Should the Engineer not issue such a list within 14 days, Practical Completion shall be deemed to have been achieved on the said fourteenth day."
5.14.2 Issue of Certificate of Practical Completion: Replace "the Engineer" in the second line with the following: ", the Contractor shall notify the Engineer, who shall inspect the works and the
Engineer" 5.14.4 Certificate of Completion: Replace "the Engineer" in the second and third line of the first paragraph with: ", the Contractor shall notify the Engineer, who shall inspect the works and the
Engineer"
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VARIATIONS TO THE CONDITIONS OF CONTRACT ARE: Clause 5.3.3 Add the following to Clause 5.3.3 after the last sentence:
"The Contractor shall not commence working until they have an approved project specific health and safety plan in terms of the Occupational Health and Safety Act 1993: Construction Regulations 2014 and complied with the initial requirements thereof."
5.14.1 Practical Completion:
Replace the last sentence of the second paragraph: "Should the Engineer … on the Due Completion Date." with the following: "Should the Engineer not issue such a list within 14 days, Practical Completion shall be deemed to have been achieved on the said fourteenth day."
5.14.2 Issue of Certificate of Practical Completion: Replace "the Engineer" in the second line with the following: ", the Contractor shall notify the Engineer, who shall inspect the works and the
Engineer" 5.14.4 Certificate of Completion: Replace "the Engineer" in the second and third line of the first paragraph with: ", the Contractor shall notify the Engineer, who shall inspect the works and the
Engineer" THE ADDITIONAL CONDITIONS OF CONTRACT ARE: Clause
"4.3.1 Applicable labour laws
The Ministerial Determination, Special Public Works Programmes, issued in terms of the Basic Conditions of Employment Act of 1997 by the Minister of Labour in Government Notice No R63 of 25 January 2002, as reproduced below, shall apply to works described in the scope of work as being labour-intensive and which are undertaken by unskilled or semi-skilled workers.
1 Introduction
1.1 This document contains the standard terms and conditions for workers employed in elementary occupations on a Special Public Works Programme
(SPWP). These terms and conditions do NOT apply to persons employed in the supervision and management of a SPWP.
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1.2 In this document –
(a) “department” means any department of the State, implementing agent or contractor;
(b) “employer” means any department, implementing agency or contractor that hires workers to work in elementary occupations on a SPWP;
(c) “worker” means any person working in an elementary occupation on a SPWP;
(d) “elementary occupation” means any occupation involving unskilled or semi-skilled work;
(e) “management” means any person employed by a department or implementing agency to administer or execute an SPWP;
(f) “task” means a fixed quantity of work;
(g) “task-based work” means work in which a worker is paid a fixed rate for performing a task;
(h) “task-rated worker” means a worker paid on the basis of the number of tasks completed;
(i) “time-rated worker” means a worker paid on the basis of the length of time worked.
2 Terms of work
2.1 Workers on a SPWP are employed on a temporary basis. 2.2 A worker may NOT be employed for longer than 24 months in any five-year cycle on a SPWP. 2.3 Employment on a SPWP does not qualify as employment as a contributor for the purposes of the Unemployment Insurance Act 30 of 1966. 3 Normal hours of work
3.1 An employer may not set tasks or hours of work that require a worker to work–
(a) more than forty hours in any week
(b) on more than five days in any week; and
(c) for more than eight hours on any day. 3.2 An employer and worker may agree that a worker will work four days per week. The worker
may then work up to ten hours per day.
3.3 A task-rated worker may not work more than a total of 55 hours in any week to complete the tasks allocated (based on a 40-hour week) to that worker.
4 Meal breaks
4.1 A worker may not work for more than five hours without taking a meal break of at least thirty
minutes duration.
4.2 An employer and worker may agree on longer meal breaks.
4.2 A worker may not work during a meal break. However, an employer may require a worker to perform duties during a meal break if those duties cannot be left unattended and cannot be performed by another worker. An employer must take reasonable steps to ensure that a worker is relieved of his or her duties during the meal break.
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4.4 A worker is not entitled to payment for the period of a meal break. However, a worker who is paid on the basis of time worked must be paid if the worker is required to work or to be available for work during the meal break.
5 Special conditions for security guards
5.1 A security guard may work up to 55 hours per week and up to eleven hours per day.
5.2 A security guard who works more than ten hours per day must have a meal break of at least one hour or two breaks of at least 30 minutes each.
6 Daily rest period
Every worker is entitled to a daily rest period of at least eight consecutive hours.
The daily rest period is measured from the time the worker ends work on one day until the time the worker starts work on the next day.
7 Weekly rest period
Every worker must have two days off every week. A worker may only work on their day off to perform work which must be done without delay and cannot be performed by workers during their ordinary hours of work (“emergency work”).
8 Work on Sundays and public holidays
8.1 A worker may only work on a Sunday or public holiday to perform emergency or security
work.
8.2 Work on Sundays is paid at the ordinary rate of pay.
8.3 A task-rated worker who works on a public holiday must be paid:
(a) the worker’s daily task rate, if the worker works for less than four hours; (b) double the worker’s daily task rate, if the worker works for more than four hours.
8.4 A time-rated worker who works on a public holiday must be paid:
(a) the worker’s daily rate of pay, if the worker works for less than four hours on the public holiday;
(b) double the worker’s daily rate of pay, if the worker works for more than four hours on the
public holiday.
9 Sick leave
9.1 Only workers who work four or more days per week have the right to claim sick-pay in terms of this clause.
9.2 A worker who is unable to work on account of illness or injury is entitled to claim one day’s
paid sick leave for every full month that the worker has worked in terms of a contract.
9.3 A worker may accumulate a maximum of twelve days sick leave in a year.
9.4 Accumulated sick leave may not be transferred from one contract to another contract. 9.5 An employer must pay a task-rated worker the worker’s daily task rate for a day’s sick leave. 9.6 An employer must pay a time-rated worker the worker’s daily rate of pay for a day’s sick leave. 9.7 An employer must pay a worker sick pay on the worker’s usual pay day.
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9.8 Before paying sick pay, an employer may require a worker to produce a certificate stating that the worker was unable to work on account of sickness or injury if the worker is: (a) absent from work for more than two consecutive days; or
(b) absent from work on more than two occasions in any eight-week period.8
9.9 A medical certificate must be issued and signed by a medical practitioner, a qualified nurse or a clinic staff member authorised to issue medical certificates indicating the duration and reason for incapacity.
9.10 A worker is not entitled to pay sick leave for a work-related injury or occupational disease for which the worker can claim compensation under the Compensation for Occupational Injuries and Diseases Act. 10 Maternity leave
10.1 A worker may take up to four consecutive months unpaid maternity leave.
10.2 A worker is not entitled to any payment or employment-related benefits during maternity leave.
10.3 A worker must give her employer reasonable notice of when she will start maternity leave and when she will return to work.
10.4 A worker is not required to take the full period of maternity leave. However, a worker may not work for four weeks before the expected date of birth of her child or for six weeks after the birth of her child, unless a medical practitioner, midwife or qualified nurse certifies that she is fit to do so.
10.5 A worker may begin maternity leave:
(a) four weeks before the expected date of birth; or
(b) on an earlier date:
(i) if a medical practitioner, midwife or certified nurse certifies that it is necessary for the health of the worker or that of her unborn child; or
(ii) if agreed to between employer and worker; or
(c) on a later date, if a medical practitioner, midwife or certified nurse has certified that the worker is able to continue to work without endangering her health.
10.6 A worker who has a miscarriage during the third trimester of pregnancy or bears a stillborn child may take maternity leave for up to six weeks after the miscarriage or stillbirth.
10.7 A worker who returns to work after maternity leave, has the right to start a new cycle of twenty-four months employment, unless the SPWP on which she was employed has ended. 11 Family responsibility leave
11.1 Workers who work for at least four days per week, are entitled to three days paid family responsibility leave each year in the following circumstances:
(a) when the employee’s child is born;
(b) when the employee’s child is sick;
(c) in the event of a death of: (i) the employee’s spouse or life partner;
(ii) the employee’s parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling.
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12 Statement of conditions
12.1 An employer must give a worker a statement containing the following details at the start of employment:
(a) the employer’s name and address and the name of the SPWP;
(b) the tasks or job that the worker is to perform; and
(c) the period for which the worker is hired or, if this is not certain, the expected duration of the contract;
(d) the worker’s rate of pay and how this is to be calculated;
(e) the training that the worker will receive during the SPWP. 12.2 An employer must ensure that these terms are explained in a suitable language to any employee who is unable to read the statement.
12.3 An employer must supply each worker with a copy of these conditions of employment.
13 Keeping records
13.1 Every employer must keep a written record of at least the following:
(a) the worker’s name and position;
(b) in the case of a task-rated worker, the number of tasks completed by the worker;
(c) in the case of a time-rated worker, the time worked by the worker;
(d) payments made to each worker.
13.2 The employer must keep this record for a period of at least three years after the completion of the SPWP.
14 Payment
14.1 An employer must pay all wages at least monthly in cash or by cheque or into a bank account.
14.2 A task-rated worker will only be paid for tasks that have been completed.
14.3 An employer must pay a task-rated worker within five weeks of the work being completed and the work having been approved by the manager or the contractor having submitted an invoice to the employer.
14.4 A time-rated worker will be paid at the end of each month.
14.5 Payment must be made in cash, by cheque or by direct deposit into a bank account designated by the worker.
14.6 Payment in cash or by cheque must take place:
(a) at the workplace or at a place agreed to by the worker;
(b) during the worker’s working hours or within fifteen minutes of the start or finish of work;
(c) in a sealed envelope which becomes the property of the worker.
14.7 An employer must give a worker the following information in writing:
(a) the period for which payment is made;
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(b) the numbers of tasks completed or hours worked;
(c) the worker’s earnings;
(d) any money deducted from the payment;
(e) the actual amount paid to the worker.
14.8 If the worker is paid in cash or by cheque, this information must be recorded on the envelope and the worker must acknowledge receipt of payment by signing for it.
14.9 If a worker’s employment is terminated, the employer must pay all monies owing to that worker within one month of the termination of employment.
15 Deductions
15.1 An employer may not deduct money from a worker’s payment unless the deduction is required in terms of a law.
15.2 An employer must deduct and pay to the SA Revenue Services any income tax that the worker is required to pay.
15.3 An employer who deducts money from a worker’s pay for payment to another person must pay the money to that person within the time period and other requirements specified in the agreement law, court order or arbitration award concerned. 15.4 An employer may not require or allow a worker to: (a) repay any payment except an overpayment previously made by the employer by mistake;
(b) state that the worker received a greater amount of money than the
employer actually paid to the worker; or (c) pay the employer or any other person for having been employed.
16 Health and safety
16.1 Employers must take all reasonable steps to ensure that the working environment is healthy and safe.
16.2 A worker must: (a) work in a way that does not endanger his/her health and safety or that of any other person; (b) obey any health and safety instruction; (c) obey all health and safety rules of the SPWP; (d) use any personal protective equipment or clothing issued by the employer; (e) report any accident, near-miss incident or dangerous behaviour by another person to their employer or manager.
17 Compensation for injuries and diseases
17.1 It is the responsibility of the employers (other than a contractor) to arrange for all persons employed on a SPWP to be covered in terms of the Compensation for Occupational Injuries and Diseases 1993, (Act No. 130 of 1993).
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17.2 A worker must report any work-related injury or occupational disease to their employer or manager.
17.3 The employer must report the accident or disease to the Compensation Commissioner.
17.4 An employer must pay a worker who is unable to work because of an injury caused by an accident at work 75% of their earnings for up to three months. The employer will be refunded this amount by the Compensation Commissioner. This does NOT apply to injuries caused by accidents outside the workplace such as road accidents or accidents at home.
18 Termination
18.1 The employer may terminate the employment of a worker for good cause after following a fair procedure.
18.2 A worker will not receive severance pay on termination.
18.3 A worker is not required to give notice to terminate employment. However, a worker who wishes to resign should advise the employer in advance to allow the employer to find a replacement. 18.4 A worker who is absent for more than three consecutive days without informing the employer of an intention to return to work will have terminated the contract. However, the worker may be re-engaged if a position becomes available for the balance of the 24-month period.
18.5 A worker who does not attend required training events, without good reason, will have terminated the contract. However, the worker may be re-engaged if a position becomes available for the balance of the 24-month period.
19 Certificate of service
19.1 On termination of employment, a worker is entitled to a certificate stating:
(a) the worker’s full name;
(b) the name and address of the employer;
(c) the SPWP on which the worker worked;
(d) the work performed by the worker;
(e) any training received by the worker as part of the SPWP;
(f) the period for which the worker worked on the SPWP;
(g) any other information agreed on by the employer and worker."
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C1.3 PERFORMANCE GUARANTEE GUARANTOR DETAILS AND DEFINITIONS "Guarantor" means: ..................................................................................................................... Physical address: ..................................................................................................................... "Employer" means: ..................................................................................................................... "Contractor" means: ..................................................................................................................... "Engineer" means: ..................................................................................................................... "Works" means: ..................................................................................................................... "Site" means: ..................................................................................................................... "Contract" means: The Agreement made in terms of the Form of Offer and Acceptance and such amendments or additions to the Contract as may be agreed in writing between the parties. "Contract Sum" means: The accepted amount inclusive of tax of R ................................................. Amount in words: ..................................................................................................................... "Guaranteed Sum" means: The maximum aggregate amount of R .................................................... Amount in words: ..................................................................................................................... "Expire Date" means: The date where the Contractor is issued with the Completion Certificate in line with Clause 5.14.4 of the GCC 2010 CONTRACT DETAILS Engineer issues: Interim Payment Certificates, Final Payment Certificate and the Certificate Completion of the Works as defined in the Contract. PERFORMANCE GUARANTEE 1 The Guarantor's liability shall be limited to the amount of the Guaranteed Sum. 2 The Guarantor's period of liability shall be from and including the date of issue of this
Performance Guarantee and up to and including the Expiry Date or the date of issue by the Engineer of the Certificate of Completion of the Works or the date of payment in full of the Guaranteed Sum, whichever occurs first. The Engineer and/or the Employer shall advise the Guarantor in writing of the date on which the Certificate of Completion of the Works has been issued.
3 The Guarantor hereby acknowledge that: 3.1 any reference in this Performance Guarantee to the Contract is made for the purpose of
convenience and shall not be construed as any intention whatsoever to create an accessory obligation or any intention whatsoever to create a suretyship;
3.2 its obligation under this Performance Guarantee is restricted to the payment of money. 4 Subject to the Guarantor's maximum liability referred to in 1, the Guarantor hereby undertakes
to pay the Employer the sum certified upon receipt of the documents identified in 4.1 to 4.3:
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4.1 A copy of a first written demand issued by the Employer to the Contractor stating that payment of a sum certified by the Engineer in an Interim or Final Payment Certificate has not been made in terms of the Contract and failing such payment within seven (7) calendar days, the Employer intends to call upon the Guarantor to make payment in terms of 4.2;
4.2 A first written demand issued by the Employer to the guarantor at the Guarantor's physical
address with a copy to the Contractor stating that a period of seven (7) days has elapsed since the first written demand in terms of 4.1 and the sum certified has still not been paid;
4.3 A copy of the aforesaid payment certificate which entitles the Employer to receive payment in
terms of the Contract of the sum certified in 4. 5 Subject to the Guarantor's maximum liability referred to in 1, the Guarantor undertakes to pay
to the Employer the Guaranteed Sum or the full outstanding balance upon receipt of a first written demand from the Employer to the Guarantor at the Guarantor's physical address calling up this Performance Guarantee, such demand stating that:
5.1 the Contract has been terminated due to the Contractor's default and that this Performance
Guarantee is called up in terms of 5; or 5.2 a provisional or final sequestration or liquidation court order has been granted against the
Contractor and that the Performance Guarantee is called up in terms of 5; and 5.3 the aforesaid written demand is accompanied by a copy of the notice of termination and/or the
provisional/final sequestration and/or the provisional liquidation court order. 6 It is recorded that the aggregate amount of payments required to be made by the Guarantor in
terms of 4 and 5 shall not exceed the Guarantor's maximum liability in terms of 1. 7 Where the Guarantor has made payment in terms of 5, the Employer shall upon the date of
issue of the Final Payment Certificate submit an expense account to the Guarantor showing how all monies received in terms of this Performance Guarantee have been expended and shall refund to the Guarantor any resulting surplus. All monies refunded to the Guarantor in terms of this Performance Guarantee shall bear interest at the prime overdraft rate of the Employer's bank compounded monthly and calculated from the date payment was made by the Guarantor to the Employer until the date of refund.
8 Payment by the Guarantor in terms of 4 or 5 shall be made within seven (7) calendar days
upon receipt of the first written demand to the Guarantor. 9 Payment by the Guarantor in terms of 5 will only be made against the return of the original
Performance Guarantee by the Employer. 10 The Employer shall have the absolute right to arrange his affairs with the Contractor in any
manner which the Employer may deem fit and the Guarantor shall not have the right to claim his release from this Performance Guarantee on account of any conduct alleged to be prejudicial to the Guarantor.
11 The Guarantor chooses the physical address as stated above for the service of all notices for
al purposes in connection herewith. 12 This Performance Guarantee is neither negotiable nor transferable and shall expire in terms of
2, where after no claims will be considered by the Guarantor. The original of this Guarantee shall be returned to the Guarantor after it has expired.
13 This Performance Guarantee, with the required demand notices in terms of 4 or 5, shall be
regarded as a liquid document for the purposes of obtaining a court order. 14 Where this Performance Guarantee is issued in the Republic of South Africa the Guarantor
hereby consents in terms of Section 45 of the Magistrate's Courts Act No 32 of 1944, as
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amended, to the jurisdiction of the Magistrate's Court of any district having jurisdiction in terms of Section 28 of the said Act, notwithstanding that the amount of the claim may exceed the jurisdiction of the Magistrate's Court.
Signed at .............................................................................................................................................. Date Guarantor's signatory: (1) ................................................................................................................ Capacity Guarantor's signatory (2) ................................................................................................................
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C1.4 RETENTION MONEY GUARANTEE (PRO FORMA) ISSUED TO ......................................................................................................................................... (hereinafter called "the Employer") ON BEHALF OF ................................................................................................................................. (hereinafter called "the Contractor") in connection with CONTRACT NO: ............................................. (hereinafter called "the Contract"). WHEREAS the Employer and the Contractor have agreed that the Contractor may provide a guarantee in lieu of the whole or a portion of the retention moneys provided for under the Contract; NOW THEREFORE we, the undersigned, undertake, in accordance with the following provisions, to pay to the Employer such amounts as the Employer may, from time to time, demand from us. 1 Each demand by the Employer shall be in writing, signed by the Employer and delivered to us at
.....................................................................................................................(address Guarantor) or such other address in ............... …………..(Country) as we shall in writing notify to the Employer, and shall be accompanied by a certificate complying with Clause 2, signed by the Engineer in office as such in terms of the Contract.
2 The Engineer's certificate referred to in Clause 1 shall certify that: (a) he is the Engineer in office as such in terms of the Contract, (b) the Contractor is in breach of his obligations under the Contract, and (c) the amount demanded, which amount the certificate shall specify, does not
exceed
(i) the amount of retention moneys which, but for this guarantee, would have been retained by the Employer in terms of the Contract at the date of the certificate, less the aggregate of the amounts of retention money actually retained by the Employer and the amounts previously paid by us to the Employer in terms hereof,
(ii) a genuine estimate of the cost to the Employer of having the breach referred to in
paragraph (b) remedied less the aggregate of any amounts withheld by the Employer from payments due to the Contractor in terms of the Contract by reason of the breach referred to, and any amount of retention money actually held by the Employer save to the extent that the same had been deducted from any previous demand in terms hereof;
3 We shall within .................................................... days after our receipt of a demand complying
with the provisions in Clauses 1 and 2 make payment to the Employer of the amount demanded at ............................................................................................... [INSERT EMPLOYER’S STREET ADDRESS] or at such other address in ………………………………………………………............. [INSERT EMPLOYER’S COUNTRY] as the Employer shall in writing notify to us.
4 Subject to compliance with the provisions hereof, our liability to make the payments herein
referred to shall be unconditional and shall not be affected or diminished by any disputes, claims or counterclaims between the Employer and the Contractor.
5 Our aggregate liability under this guarantee is limited to
.................................................................................................................................INSERT
AMOUNT OF GUARANTEE IN WORDS] (R………………………………………………. [INSERT
AMOUNT OF GUARANTEE IN FIGURES]).
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6 This guarantee shall expire on the date on which the last of the retention moneys, which but for
this guarantee would have been retained by the Employer, becomes payable to the Contractor. 7 This guarantee is not transferable and must be produced for endorsement if any part payment is
made and must be returned to us against final payment of our aggregate liability or on the date of the expiry of the guarantee in terms of Clause 6, whichever is the earlier.
Signed in the presence of the subscribing witnesses: At ....................................................... for and on behalf of .................................................................. .............................................................................................................................................................. on this the ............................................................................. day of ...................................... 20........ SIGNATURE : .................................................................................................................... CAPACITY : .................................................................................................................... ADDRESS : .................................................................................................................... : .................................................................................................................... : .................................................................................................................... AS WITNESSES : 1 ........................................................................................................... 2 ...........................................................................................................
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C1.5 AGREEMENT IN TERM OF THE OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 (ACT
NO 85 OF 1993
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CERTIFICATE OF AUTHORITY FOR SIGNATORY TO AGREEMENT IN TERMS OF OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 (ACT NO 85 OF 1993) The signatory for the company that is the Contractor in terms of the above-mentioned Contract and the Mandatary in terms of the above-mentioned Act shall confirm his or her authority thereto by attaching to this page a duly signed and dated copy of the relevant resolution of the Board of Directors. An example is given below: "By resolution of the Board of Directors passed at a meeting held on ..................................... 200……, Mr/Ms .............................................................................................................................. whose signature appears below, has been duly authorised to sign the AGREEMENT in terms of THE OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 (ACT 85 of 1993) on behalf of ......................................................... ...................................................................................................................................................................... SIGNED ON BEHALF OF THE COMPANY : ................................................................................ IN HIS/HER CAPACITY AS : ................................................................................ DATE : ................................................................................ SIGNATURE OF SIGNATORY : ................................................................................ WITNESS: 1. ........................................... 2. ................................................................. NAME (IN CAPITALS): 1. ........................................… 2. .................................................................
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PRO FORMA NOTIFICATION FORM IN TERMS OF THE OCCUPATIONAL HEALTH AND SAFETY ACT 1993, CONSTRUCTION REGULATIONS 2014
[This form must be completed and forwarded, prior to commencement of work on site, by all Contractors that qualify in terms of Regulation 4 of the Construction Regulations 2014, to the office of the Department of Labour]
1. (a) Name and postal address of Contractor: .....................................................................................
......................................................................................................................................................
(b) Name and tel. no of Contractor’s contact person: .......................................................................
.........................................................................................................................................................
2. Contractor’s compensation registration number: ..............................................................................
3. (a) Name and postal address of client: ...........................................................................................
......................................................................................................................................................
(b) Name and telephone number of client’s contact person or agent: ...............................................
......................................................................................................................................................
4. (a) Name and postal address of designer(s) for the project: ............................................................
.........................................................................................................................................................
(b) Name and telephone number of designer's contact person: ......................................................
.........................................................................................................................................................
5. Name and telephone number of Contractor’s construction supervisor on site appointed
in terms of regulation 6(1): ................................................................................................................
6. Name/s of Contractor’s sub-ordinate supervisors on site appointed in terms
of regulation 6(2): ..............................................................................................................................
7. Exact physical address of the construction site or site office: ............................................................
...........................................................................................................................................................
8. Nature of the construction work: .......................................................................................................
...........................................................................................................................................................
9. Expected commencement date: .......................................................................................................
10. Expected completion date: ................................................................................................................
11. Estimated maximum number of persons on the construction site: ...................................................
12. Planned number of subcontractors on the construction site accountable to Contractor: .................
13. Name(s) of subcontractors already chosen: .....................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
SIGNED BY:
CONTRACTOR:..............................……………….................. DATE:...............................................
CLIENT AGENT......................................................……………… DATE:...............................................
CLIENT:.............................................................……………… DATE:...............................................
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PART C2
PRICING DATA
C2.1 PRICING INSTRUCTIONS
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PREAMBLE TO BILL OF QUANTITIES General 1 The Tender Data, the Contract Data, the Scope of the Work and the Site Information are to be read in conjunction with the Bill of Quantities. a) The Bill of Quantities comprises items covering the Contractor's profit and costs of general liabilities and of construction of temporary and permanent Works. b) The Tenderer is at liberty to insert a rate of his own choosing for each item in the Bill but his attention is drawn to the fact that the Contractor has the right, under various circumstances, to payment for additional works carried out and that the Engineer is obliged to base his assessment of the rates to be paid for such additional work on the rates inserted in the Bill. c) The measurement and payment clauses of each Specification, read together with the relevant clauses of the Specification Data, set out what ancillary or associated activities are included in the rate for the operations specified. 2 Descriptions in the Bill are abbreviated and must be read in conjunction with the measurement and payment clauses of the applicable Specifications. 3 Unless otherwise stated, items are measured net in accordance with the Drawings, and no allowance has been made for waste. 4 Except that they shall not include Value Added Tax (VAT), the prices and rates to be inserted in the Bill of Quantities are to be the full inclusive prices to the Employer for the work described under each item. Such prices shall cover all costs and expenses that may be required in and for the construction of the work described and shall cover the cost of all general risks, liabilities, and obligations set forth or implied in the documents on which the tender is based. Provision is made in the Summary to the Bill of Quantities for VAT to be added. 5 A price or rate is to be entered against each item in the Bill of Quantities, whether the quantities are stated or not. An item against which no price is entered will be considered to have a price or rate of R0,00. 6 The Tenderer must price and extend each item, total each page and carry the total of each section in the Bill of Quantities to the Summary page. Construction Attention is drawn to Clause 6.7.1 of the General Conditions of Contract and the Contractor must not order the quantities of materials stated in the Bill of Quantities until he has confirmed from the construction drawings or measurement on Site that such quantities are in fact the correct quantities. The Gross Total of Tender must be carried to the Offer.
MEASUREMENT AND PAYMENT The measurement and payment clauses of the SANS 1200 Standardized Specifications and the Standard and Particular Specifications as amended or added to in Part C3.2, Specification Data, shall be deemed to form part of and be included in the Pricing Instructions.
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C2.1 PRICING INSTRUCTIONS 1. The General Conditions of Contract, the Contract Data, the Specifications (including the Project
Specifications) and the Drawings shall be read in conjunction with the Bill of Quantities. 2 The Bill comprises items covering the Contractor's profit and costs of general liabilities and of the
construction of Temporary and Permanent Works.
Although the Tenderer is at liberty to insert a rate of his own choosing for each item in the Bill, he should note the fact that the Contractor is entitled, under various circumstances, to payment for additional work carried out and that the Engineer is obliged to base his assessment of the rates to be paid for such additional work on the rates the Contractor inserted in the Bill. Clause 8 of each Standardized Specification, and the measurement and payment clause of each Particular Specification, read together with the relevant clauses of the Project Specifications, all set out which ancillary or associated activities are included in the rates for the specified operations.
3 Descriptions in the Bill of Quantities are abbreviated and may differ from those in the Standardized and Scope of Work. No consideration will be given to any claim by the Contractor submitted on such a basis. The Bill has been drawn up generally in accordance with the latest issue of Civil Engineering Quantities
1. Should any requirement of the measurement and payment clause of the
appropriate Standardized or Project Specification(s) be contrary to the terms of the Bill or, when relevant, to the Civil Engineering Quantities, the requirement of the appropriate Standardized, Project, or Particular Specification as the case may be, shall prevail.
4 Unless stated to the contrary, items are measured net in accordance with the Drawings without any
allowance having been made for waste. 5 The amounts and rates to be inserted in the Bill of Quantities shall be the full inclusive amounts to
the Employer for the work described under the several items. Such amounts shall cover all the costs and expenses that may be required in and for the construction of the work described, and shall cover the costs of all general risks, profits, taxes (but excluding value-added tax), liabilities and obligations set forth or implied in the documents on which the Tender is based.
6 An amount or rate shall be entered against each item in the Bill of Quantities, whether or not
quantities are stated. An item against which no amount or rate is entered will be considered to be covered by the other amounts or rates in the Bill.
The Tenderer shall also fill in a rate against the items where the words "rate only" appear in the
amount column. Although no work is foreseen under these items and no quantities are consequently given in the quantity column, the tendered rates shall apply should work under these items actually be required. Should the Tenderer group a number of items together and tender one sum for such group of items, the single tendered sum shall apply to that group of items and not to each individual item, or should he indicate against any item that full compensation for such item has been included in another item, the rate for the item included in another item shall be deemed to be nil.
The tendered rates, prices and sums shall, subject only to the provisions of the Conditions of Contract, remain valid irrespective of any change in the quantities during the execution of the Contract.
7 The quantities of work as measured and accepted and certified for payment in accordance with
the Conditions of Contract, and not the quantities stated in the Bill of Quantities, will be used to determine payments to the Contractor. The validity of the Contract shall in no way be affected by
1 The standard system of measurement of civil engineering quantities published by the South African Institution of Civil
Engineers.
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differences between the quantities in the Bill of Quantities and the quantities certified for payment.
Ordering of materials are not to be based on the Bill of Quantities, but only on information issued for construction purposes.
8 For the purposes of this Bill of Quantities, the following words shall have the meanings hereby
assigned to them: Unit : The unit of measurement for each item of work as defined in the
Standardized, Project or Particular Specifications Quantity : The number of units of work for each item Rate : The payment per unit of work at which the Tenderer tenders to do the work Amount : The quantity of an item multiplied by the tendered rate of the (same) item Sum : An amount tendered for an item, the extent of which is described in the Bill of
Quantities, the Specifications or elsewhere, but of which the quantity of work is not measured in units
9 The units of measurement indicated in the Bill of Quantities are metric units. The following
abbreviations may appear in the Bill of Quantities:
% = percent m²-pass = square metre-pass
h = hour m³ = cubic metre
ha = hectare m³-km = cubic metre-kilometre
kg = kilogram MN = meganewton
kl = kilolitre MN.m = meganewton-metre
km = kilometre MPa = megapascal
km-pass = kilometre-pass No. = number
kPa = kilopascal Prov sum = Provisional sum
kW = kilowatt PC sum = Prime Cost sum
l = litre R/only = Rate only
m = metre sum = lump sum
mm = millimeter t = ton (1000 kg)
m² = square metre W/day = Work day
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C2.2 BILL OF QUANTITIES
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SUMMARY TO BILL OF QUANTITIES
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C3.1 PROJECT DATA
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C3.1 - PROJECT DATA
PD1 DESCRIPTION OF THE WORKS
PD1-1 General
The Alfred Nzo District Municipality intends to install water supply infrastructure for the Santombe and Lubhalasi areas.
PD1-2 Scope of Contract
The Contract includes construction by labour intensive methods of the following:
700 x 63mm diameter rising main.
3500m x 50mm gravity main.
1 x 300KL reservoir;
1 x 100KL reservoir.
Stream and donga crossings
PD1-3 Drawings
The Contractor shall use only the dimensions stated in figures on the Drawings in setting out the Works, and dimensions shall not be scaled from the Drawings, unless required by the Engineer. The Engineer will, on the request of the Contractor in accordance with the provisions of the Conditions of Contract, provide such dimensions as may have been omitted from the Drawings.
The Contractor shall ensure that accurate as-built records are kept of all infrastructure installed or relocated during the contract. The position of pipe bends, junction boxes, duct ends and all other underground infrastructure shall be given by either co-ordinates or stake value and offset. Where necessary, levels shall also be given. A marked-up set of drawings shall also be kept and updated by the Contractor. This information shall be supplied to the Engineer's Representative on a regular basis. All information in possession of the Contractor, required by the Engineer and/or the Engineer’s Representative to complete the as-built/record drawings, must be submitted to the Engineer's Representative before a Certificate of Completion will be issued. The Drawings prepared by the Employed for the permanent Works are listed and bound in a separate volume/bound at the back of this volume. The Employer reserves the right to issue amended and/or additional drawings during the Contract.
LIST OF DRAWINGS PREPARED BY THE EMPLOYER
The following is the list of drawings prepared by the Employer and applicable to this Contract:
DRAWING No. DESCRIPTION
Issued separately
ANDM-001 Locality Plan
ANDM-002 General Layout Plan
ANDM-003 Gravity main long section
ANDM-004 Reservoir details
ANDM-005 Standard details
ANDM-006 Thrust Block and Trench Details
ANDM-007 Access road to reservoirs
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PD2 DESCRIPTION OF SITE AND ACCESS
The site is the town of Mt Ayliff as shown on ANDM-001 Locality plan.
Access to the site may be gained through a surfaced road from the tee-off of N2 to Mt Ayliff Town.
The site is crossed by services which include water pipes, overhead and underground telecommunication cables and overhead power cables.
PD3 CHARACTER OF STRATA AND MATERIALS ON SITE
The Contractor will be responsible to have satisfied himself as to the subsurface conditions to be encountered and to have allowed accordingly in his tendered rates.
Tenderers are at liberty to carry out investigations to satisfy themselves as to the nature of the ground that will be encountered in carrying out the Works, provided that they inform the Engineer and other concerned authorities prior to commencing their investigations.
PD4 PROGRAMME
PD4-1 Submitted programme
The Contractor's programme shall be in a bar chart form.
In addition to the requirements of Sub-Clause 15(3) of the General Conditions of Contract, the Contractor's programme shall show:
a) the various activities, related to a time scale, for each element of the Works, including those of Nominated Subcontractors, in sufficient detail to be able to assess construction progress,
b) critical path activities and their dependencies,
c) key dates in respect of work to be carried out by others,
d) key dates in respect of information to be provided by the Engineer and/or others,
e) his labour resource schedule which shall distinguish between the Contractor's permanent labour and his temporary local labour employment.
In addition to the requirements of Sub-Clause 15(2) of the General Conditions of Contract, the Contractor shall submit with his programme, a copy of any network diagram used in producing the programme.
If any change to the critical path occurs, the Contractor shall as soon as practicable notify the Engineer in writing.
The Contractor's programme and method statement will not be accepted as the basis for claims for additional compensation without due reference to all relevant associated factors.
PD4-2 General allowances
When drawing up his programme, the Contractor shall, take into consideration and make allowance for, inter alia:
a) expected weather conditions and their effects,
b) known physical conditions or artificial obstructions,
c) searching for, dealing with and carrying out alterations to the existing services,
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d) the accommodation and safeguarding of public access and traffic,
e) the provision and implementation of the health and safety plan in terms of the Construction Regulations, 2014 of the Occupational Health and Safety Act.
f) the design, testing and approval of the concrete mixes,
g) the restrictions on the length of trench open at any one time as specified in SDDB5-2,
h) the requirements and effects of employing labour intensive construction methods,
i) the lead time required for on-the-job training of local labour (See PD9-2.2(e)).
PD4-3 Review of progress
The Contractor shall review his progress each month and should progress lag behind the latest accepted programme, by more than 2 weeks, he shall submit a revised programme and method statement of how he proposes to make up the lost time. If, in the opinion of the Engineer, such revised programme will not make up the lost time, the Engineer shall have the right to request the Contractor to reorganize his work in a manner which will ensure an acceptable programme. Claims for additional payment to meet any costs incurred due to such reorganisation will not be accepted.
PD5 SITE FACILITIES AVAILABLE
PD5-1 Water and power supply and other services
The Contractor shall make his own arrangements and pay all installation and consumption charges for the supply of water, electrical power and other services required.
All costs incurred by the Contractor for the provision of water, electricity and any other services necessary for the correct execution of the Works shall be covered by the tendered rates.
PD5-2 Camps and depot
The Contractor may erect his site offices and storage depot within the boundaries of the area indicated by the Engineer.
Temporary buildings and fencing shall be neat and presentable and the area shall at all times be kept in a neat, clean and orderly condition. The Contractor shall not cut down or damage any trees, nor make any excavation without the written permission of the Engineer.
All buildings, latrines and fences shall conform to local regulations and shall be kept in a clean, sanitary condition to the satisfaction of the Engineer and the local Health Inspector.
The Contractor shall be responsible for arranging security against vandalism and theft and shall make provision for security of all the works for the duration construction. All such costs will be held to have been included in the Contractor's rates.
PD5-3 Rail facilities
No goods handling facilities are available.
PD5-4 Disposal sites
The Contractor shall locate suitable sites, off site, for the disposal of cleared vegetation, rubble, unsuitable material or surplus material.
The Contractor shall inform the Engineer of any site he proposes to use.
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PD6 SITE FACILITIES REQUIRED
PD6-1 Facilities for the Engineer
The Contractor shall provide for the use of the Engineer, maintain and service, as applicable, the following facilities as specified in SANS 1200 AB and SDAB:
a) two nameboards,
b) one furnished office,
c) latrine and ablution facilities,
d) carport for 2 vehicles,
e) telephone,
f) a site instruction book,
g) protective clothing,
h) safety equipment,
i) medical facilities, and
j) nine 150 mm concrete cube moulds.
Unless specified otherwise, on completion of the Works these facilities shall revert to the Contractor who shall remove them from the site.
The term "use of the Engineer" will be deemed to include, as appropriate, use by the Engineer's staff and the Engineer's Representative and his staff.
PD7 FEATURES REQUIRING SPECIAL ATTENTION
PD7-1 Health and safety
In addition to Subclause 5.7 of SANS 1200 A and the Occupational Health and Safety Specification, the Contractor shall comply with the Occupational Health and Safety Act (Act No. 85 of 1993) (OHS Act) and in particular its Construction Regulations promulgated on the 18 July 2003 and incorporated into the above Act by government Notice R1010, published in Government Gazette 25207.This shall apply to any person involved in construction work pertaining to this project.
PD7-2 Continuance of operation of existing services
All existing services shall be maintained in operation, unless prior arrangements have been made with the relevant authority and written permission for an interruption of the service has been granted and adequate notice has been given to the affected residents.
PD7-3 Sanitary conditions
Unhygienic habits and other behaviour that may cause contamination of any part of the Works or the surrounding areas are strictly prohibited. The Contractor shall ensure that sanitary conditions prevail throughout the Site and that all his workmen are aware of, and comply with, this rule.
PD7-4 Temporary fences
The Contractor shall erect temporary fences where required for the execution of the Works and in place of existing fences which have to be temporarily relocated.
All fences shall be maintained during construction.
Temporary fences shall be suitable for preventing stock on adjacent properties from wandering.
The cost of the erection, maintenance and removal of temporary fencing will be deemed to be covered by the rates for the establishment of facilities for the Contractor (Items A1.3 and A2.3).
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PD7-5 Continuous operation of existing works
The existing sanitation system is to remain operational throughout the duration of the Contract. The existing water reticulation is to be fully functional outside working hours.
Other than for connection purposes these works must remain in operation at all times. The Contractor shall ensure that, wherever possible, the Employer's personnel have unhindered access to, and use of, all parts of the existing works at all times, as necessary.
The Contractor shall provide sufficient notice to the Engineer when he intends to interrupt the operations of the existing works in order to effect connections with the new works. Approval for such work will be given only when the timing of the work is suitable to the Employer.
PD7-6 Connection to existing services
All connections to the existing water systems shall be undertaken in a manner and at times to be approved by the Engineer.
PD7-7 Protection of the environment
See SPEC EMA
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PD8 EXTENSION OF TIME RESULTING FROM ABNORMAL RAINFALL
a) Extension of time in respect of delays resulting from wet climatic conditions on the Site will only be
considered in respect of abnormally wet climatic conditions and shall be determined for each
calendar month or part thereof, in accordance with the formula given in the General Conditions of
Contract as revised.
b) The rainfall records applicable in respect of this Contract are those recorded at Weather Station No
0179864W Mt Frere and shall be those used for calculating the extension of the Time for
Completion on account of abnormal rainfall. The following values of Nn and Rn are to apply:
Month
Average Monthly
Rainfall (mm)
(Rn)
Average Number of Rain Days
per Month (>10mm)
(Nn)
Jan 127 4.0
Feb 114 3.7
Mar 113 4.1
Apr 49 1.7
May 22 0.7
Jun 13 0.4
Jul 14 0.5
Aug 20 0.7
Sep 39 1.3
Oct 77 2.5
Nov 91 3.0
Dec 111 3.7
Year 790 26.3
c) The values of X and Y shall be 20 and 5 respectively.
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d) The Contractor shall, at his own cost, provide and erect on the Site at a location approved by the
Engineer, an approved rain gauge, which shall be fenced off in a manner which will prevent any
undue interference by workmen and others. The Contractor shall, at his own cost, arrange for the
reading of the rain gauge on a daily basis for the duration of the Contract. The gauge readings, as
well as the date and time at which the reading was taken shall be recorded in a separate record
book provided by the Contractor for this purpose. All entries in the rainfall record books shall be
signed by the person taking the reading and the gauge shall be properly emptied immediately after
each reading has been taken. If required by the Engineer, the Engineer shall be entitled to witness
the reading of the gauge.
e) The Contractor’s claims in terms of Subclause 5.12 of the Conditions of Contract for extension of
time in respect of delays resulting from wet climatic conditions on the Site during each month,
shall be submitted in writing to the Engineer monthly, provided that:
(i) the period allowed to the Contractor in terms of Clause 10 of the Conditions of Contract in
which to submit his claim for each month shall be reduced to seven (7) days, calculated
from the last day of the month to which the claim applies; and
(ii) the 28-day period allowed to the Engineer in terms of Subclause 10.1.2 of the Conditions of
Contract in which to give his ruling on the claim, shall be reduced to fourteen (14) days.
The Contractor’s monthly claim shall be accompanied by a copy of the signed daily rainfall
readings for the applicable month.
f) The extent of any extension of time which may be granted to the Contractor in respect of wet
climatic conditions (whether normal or abnormal) shall be determined as the algebraic sum of the
"V" values for each month between the Commencement Date and the Due Completion Date of the
Contract, calculated in accordance with the General Conditions of Contract as revised; provided
always that
(i) rainfall occurring within the period of the Contractor’s Christmas shut-down period
(referred to in the Conditions of Contract) shall not be taken into account in the
calculation of the monthly "V" values;
(ii) rainfall occurring during any period during which the Contractor was delayed due to
reasons other than wet climatic conditions on the Site, and for
which delay an extension of time is granted by the Engineer, shall not be taken into
account in the calculation of the monthly "V" values;
(iii) if the algebraic sum of the "V" values for each month is negative, the time for
completion will not be reduced on account of subnormal rainfall, and
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(iv) where rainfall is recorded only for part of a month, the "V" value shall be calculated
for that part of the month using pro rata values for Nn and Rn.
g) The Engineer shall, simultaneous with granting any extension of time in terms of this clause, revise
the Due Completion Date of the Contract to reflect an extension of time having been granted in
respect of wet climatic conditions, to the extent of the algebraic sum of all the "V" values for all the
preceding months of the Contract, less the aggregate of the "Nn" values for the remaining
(unexpired) months of the Contract (viz. less aggregate of the potential maximum negative "V"
values for the remaining Contract Period). This, provided that where such period is negative, the
Due Completion Date shall not be revised.
h) Any extension of time in respect of wet climatic conditions granted in terms of this clause shall not
be deemed to take into account delays experienced by the Contractor in repairing or reinstating as
regards damage to or physical loss of the Works arising from the occurrence of abnormal climatic
conditions. Extension of time in respect of any such repairs or reinstatement as regards damage
shall be the subject of a separate application for extension of time in accordance with the provisions
of Clause 5.12 and Clause 10 of the Conditions of Contract.
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C 3.2 PROJECT SPECIFICATIONS
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C3.2 – SPECIFICATION DATA
The Specification Data gives amendments and additions to the specifications that are listed in the List of Applicable Specifications. Clause headings are prefixed by the letters "SD" followed by alphabetic and numeric characters which identify the specification and main clause of the applicable specification. Sub-clauses are numbered sequentially. The clause reference to which a sub-clause refers, either to amend or to add to, is given after the sub-clause heading. Where the Specification Data sub-clause is an addition and there is no appropriate clause in the applicable specification to which to link it, no clause reference is given in the heading. Should any requirement of the Specification Data conflict with any requirement of the specifications listed, the requirement of the Specification Data shall prevail. SDA GENERAL. (SANS 1200 A) SDA1 General SDA1-1 Reporting The Contractor shall supply, on a monthly basis, details of labour, wages paid and any other information required for the MIG, OHS or any other reporting requirements. See PD-13.1 under C3.1 “Project Data” SDA2 Interpretations SDA2-1 Applicable edition of standards. (Subclause 2.2) Add at the beginning of Subclause 2.2: "Unless a specific edition is specified (see the List of Applicable Specifications), ..........." A cross reference in a clause that is being used to specify work that is required to be carried out using labour intensive methods shall mean reference to the clause stated, as amended by the applicable project specification clause for labour intensive work, if any. SDA2-2 Definitions and abbreviations. (Subclauses 2.3 and 2.4) The terms "ESCOM", "ESC" and "Electricity Supply Commission" shall mean "Eskom". The terms "GPO", "P&T", "Department of Posts and Telecommunications" and "Telkom" shall mean "Telkom SA Limited". The terms "South African Railways", "SAR", "South African Transport Services", "SATS" shall mean "Transnet Limited". Except for references to the Bureau itself, and to the (official) SABS mark, the term “SABS’” shall mean “SANS”. Add the following to Subclause 2.3: "Task A quantified activity or operation. Daily Task A task that is required to be completed within a given time. Task work Work paid for by the completed task or job. Daily rate The remuneration of a day's work, regardless of output. Daily wage See daily rate. Task rate The remuneration for a completed task.
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Daily task rate The remuneration for a completed daily task. Labour intensive construction Construction carried out with as great a proportion of labour as is technically
feasible to produce the standard of construction specified. Labour based construction See labour intensive construction." Add to Subclause 2.4(b): "MAMDD: Modified AASHTO maximum dry density."
SDA2-3 Items in Schedule of Quantities. (Subclause 2.8.1)
In the fourth line of Subclause 2.8.1, after the word "specification", add: "or in the measurement and payment clause of the standard specification, particular specification or project specification".
SDA3 Materials
SDA3-1 Quality. (Subclause 3.1)
Where a material to be used in this Contract is specified to comply with the requirements of a South African National Standard specification, and such material is available with the official SANS mark, the material used shall bear the official mark.
SDA4 Plant
SDA4-1 Medical facilities and safety equipment
The suitable first aid services required in terms of Subclause 4.2 of SANS 1200 A shall include, inter alia, a First Aid cabinet fully equipped and maintained with at least the minimum contents as listed in the Annexure (Regulation 3) to the General Safety Regulations of the Occupational Health and Safety Act, 1993 (Act 85 of 1993), to deal with accidents and ailments which are likely to occur during the construction period.
The Contractor shall provide personal safety equipment and facilities as required by Regulation 2 of the General Safety Regulations of the Occupational Health and Safety Act, 1993 (Act 85 of 1993).
SDA4-2 Restriction on the use of plant. (Subclause 4.3)
Except for the type of plant, and to the extent permitted in terms of the project specification or approved by the Engineer, the Contractor shall use only hand tools and equipment in the construction of the Works, or portion(s) of the Works, that are required in terms of the project specification to be constructed using labour intensive methods.
SDA4-3 Latrine facilities. (Subclause 4.2)
The suitable sanitary services required by Clause 28 of the Construction Regulations, shall be of the bucket or chemical type and shall be readily accessible to workers at all areas of the site.
The Contractor shall make all the necessary arrangements with the relevant local authority for the disposal of the contents of the toilets on a regular basis.
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SDA5 Construction
SDA5-1 Drawings and details
Tender drawings shall not be used for construction purposes. Construction drawings and additional detailed information will be made available to the Contractor as and when required by him.
SDA5-2 Setting out of tasks for labour intensive work. (Subclause 5.1.1)
Where labour intensive work is specified, the Contractor shall be responsible for the setting out of the task work.
SDA5-3 Survey
SDA5-3.1 Setting out of the Works. (Subclause 5.1.1)
Before commencing any construction, the Contractor shall check the relative positions and levels of all reference pegs, bench marks and line pegs and inform the Engineer of any discrepancy.
The Contractor shall advise the Engineer of any conflict between the position of any part of the Works and an existing feature.
SDA5-4 Compensation for Occupational Injuries and Disease Act (COID)
All labour employed on the site shall be covered by the COID Act. The Contractor shall pay in full, including the payment of the necessary levies, such amounts as are due in terms of the Act. The manner in which Compensation will be handled shall be resolved by the Contractor at the commencement of the Contract.
SDA5-5 Safeguarding and accommodation of traffic
The Contractor shall carry out and maintain such temporary works and provide all temporary road signs, temporary bridging, pipes, deviations and the like, as are necessary to maintain and safeguard the normal flow of public and private, vehicular and pedestrian traffic.
SDA5-6 Existing services (Subclause 5.4)
SDA5-6.1 Action by Contractor (Subclause 5.4)
Various services are known to exist along the route of the pipeline. Their approximate positions are shown on the drawings but, although they are based on the best information available, their accuracy cannot be guaranteed. It is likely that other services that are not shown on the drawings exist along the route of the pipeline.
All services, in particular cables, shall be treated as live until proven otherwise.
Before the commencement of any excavation the Contractor shall confirm the name and telephone number of the relevant officials directly concerned with the known or suspected services, shall acquaint himself with the position of the control points of the services and shall have readily available the equipment necessary to shut-off and isolate any such service. The Contractor shall liaise with the relevant authorities or controlling bodies for the necessary temporary closure of any services during construction.
The Contractor shall not commence work in any area until proper arrangements have been made for supervision of the work by the relevant authority.
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Before commencing any excavation for trenches or road works in a specific area, the Contractor shall locate all existing services with the co-operation of the relevant authority, and carefully excavate by hand, expose and survey such services. If the information regarding any existing service as given in the drawings is either missing, incomplete or erroneous, the Contractor shall, as soon as the service has been located, submit details of the exact location, depth and type of service in writing to the Engineer.
SDA5-6.2 Work done by service authorities
The Contractor shall give assistance to service authorities with the location, protection, alteration and/or removal of services controlled by that authority.
SDA5-7 Community Liaison Officer (CLO)
A CLO and Clerk of Works will be appointed by the Project Steering Committee for the duration of construction and will be responsible for all dealings with the Contractor and the community relating to the employment of labour.
SDA5-8 Clerk of Works (COW)
A Clerk of Works (COW) will be appointed by the Contractor for the duration of construction and will be responsible for all activities and responsibilities as per the formal agreement between the Contractor and the COW.
SDA8 Measurement and payment
SDA8-1 Method of measurement, all sections. (Subclause 8.1.1.)
SDA 8-1.1 Fixed Charge Items
"Payment of fixed charges in respect of item 8.3.1 will be made as follows : (a) EIGHTY PERCENT (80%) of the sum tendered will be paid when the facilities have been provided
and approved ; and (b) The remaining TWENTY PERCENT (20%) will be paid when the Works have been completed, the
facilities have been removed and the site OF THE Contractor’s establishment has been cleared and cleaned to the satisfaction of the Engineer.
No adjustment will be made to the sum tendered in respect of item 8.3.1 should the value of the Works
finally executed or the Time for Completion vary in any way from that specified in the Tender. Add to subclause 8.2.1 with the following: The fixed charged items will include all associated cost to deal with the compulsory sub-contracts, other
than cost already included under item 8.3.1
SDA 8-1.2 Value Related Items
Payment for the sum tendered under item 8.3.2 will be made in three separate instalments as follows:
(a) The first instalment, which is 40% of the sum, will be paid when the Contractor has fulfilled all its obligations to date under this Specification, the General Conditions of Contract and the Special Conditions of Contract, and when the value of work certified for payment, excluding materials on Site and payments for preliminary and general items, is equal to not less than 5% of the total value of the work listed in the Schedule of Quantities.
(b) The second instalment, which is 40% of the sum, will be made when the amount certified for payment, including retention monies but excluding this second instalment, exceeds 50% of the Tender Sum.
(c) The final payment, which is 20% of the sum, will be made when the Works have been certified as completed and the Contractor has fulfilled all its obligations to date under this Specification, the General Conditions of Contract and the Special Conditions of Contract.
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Should the value of the measured work finally completed be more or less than the Tender Sum, the sum tendered under item 8.3.2 will be adjusted up or down in accordance with the provisions of Clause 53 of the Conditions of Contract, and this adjustment will be applied to the third instalment.”
Add to subclause 8.2.1 with the following:
The fixed charged items will include all associated cost to deal with the compulsory sub-contracts, other than cost already included under item 8.3.2
SDA 8-2 Time-related items. (Subclause 8.2.2)
Replace the contents of Subclause 8.2.2 with the following:
“Subject to the provision of Subclause 8.2.3 and 8.2.4 payment under Item 8.4.1 (time-related item) will be made monthly in equal amounts, calculated by dividing the sum tendered for the item by the Tendered Contract Period in months, provided always that the total of the monthly amounts so paid for the item is not out of proportion to the value of the progress of the works as a whole.”
In the second line of Subclause 8.1.1, after the words "standardized specification or in" add: "the measurement and payment clause of the standard specification, particular specification or".
SDA8-3 Facilities for Engineer. (Subclauses 8.3.2.1 and 8.4.2.1)
The sums tendered for Items A1.2 and A2.2 shall cover the costs of providing and maintaining all the facilities as detailed in PD6-1.
SDA8-4 Accredited training of local labour
A Provisional Sum has been allowed for the accredited training of local labour. The Engineer and Contractor will agree on the actual costs before a training scheme is implemented and the Contractor will be reimbursed on the basis of this agreement. Actual costs to the Contractor will include, payment to the temporary employee during this time as well as the administration costs in paying wages and liaison with the Department of Labour but will not cover the Contractor's time costs which will be deemed to be covered by the tendered sums for the Preliminary and General items.
SDA8-5 In-service training of local labour
A Provisional Sum has been allowed for in-service training of local labour.
The Provisional Sum will be held to allow for the cost of additional training including supervision, materials, plant, time and other incidentals necessary for the in-service training of local labour. Payment of this item will be on a pro rata basis of the actual number of person-days worked against the total person-days tendered for local temporary labour.
SDA8-6 Management of labour intensive work
Management of labour intensive work will be measured and paid as a sum. The tendered sum shall cover any additional costs of management of labour intensive work not covered by the other scheduled items such as the costs of increased supervision, administration and management and the cost of liaison with the local community.
Payment of this item will be on a pro rata basis of the actual number of person-days worked against the total person-days tendered for local temporary labour.
The rate tendered for this item shall also cover the cost of reporting in terms of the requirements of the Contract.
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SDA8-7 Sums stated provisionally by Engineer (Subclause 8.5)
Amend the penultimate sentence of Subclause 8.5 to read:
"The percentage rate for (b)(2) above shall cover the Contractor's overheads, charges and profit on the work covered by the sums provisionally stated for (b)(1) above. Payment will be made on the basis of the sums actually paid for such work, exclusive of VAT."
SDA8-8 Compensation for Occupational Injuries and Disease Act (COID)
The application of the COID Act to all employees will be measured and paid as a sum. The tendered sum shall cover the cost of paying the necessary workmen's compensation levies, the cost of administration as well as any other incidentals necessary to implement the process in accordance with the requirements of the COID Act.
Pro-rata amounts, of the sum tendered, based on the number of temporary employees engaged, will be paid each month.
SDA8-9 Daywork (Subclause 8.7)
Provisional items for Daywork are scheduled as follows:
a) Labour at hourly rates for skilled, semi-skilled and unskilled labourers.
b) Material as a Provisional Sum with a percentage allowance on the net cost.
c) The Contractor's own plant at hourly rates for various types.
Tendered unit rates or unit rates that are agreed in terms of Subclause 6(5) of the General Conditions of Contract for the Contractor's own plant used for Daywork shall cover the full cost of the use of such plant and shall therefore, in addition to the items listed in Subclause 8.7, cover the cost of plant operators, consumable stores, fuel and maintenance.
d) Hired plant as a Provisional Sum with a percentage allowance on the net cost.
The Contractor will be paid the actual net cost of plant hired by him for Daywork and in addition will be paid a percentage allowance on the net cost of such hire, which allowance will cover the Contractor's own overhead costs and profit.
SDA8-10 Dealing with traffic (Subclause 8.8.2)
Dealing with traffic, the maintenance of access, protection at level crossings and other requirements of SDA5-5 will be covered by Items A1.3 and A2.3.
SDA8-11 Existing services: work carried out by service authorities. (Subclause 8.8.4)
A Provisional Sum is included in the Schedule of Quantities, under Item A3.3 to cover the cost of work on existing services carried out by service authorities.
The cost of work carried out by the relevant service authorities, such as locating, protection and temporary or permanent deviation of existing cables, pipes, overhead services, etc., shall be paid by the Contractor. The Contractor shall arrange with such authorities to have the accounts forwarded directly to him, and shall settle the accounts forthwith, after which the recoverable sums will be paid under the appropriate Provisional Sum item.
The Contractor's costs in connection with work carried out by service authorities will be measured and paid separately under Item A3.4 as a percentage of the actual amount paid, excluding VAT. The percentage shall cover the costs of all administrative and supervisory costs and profit, as well as the cost of the Contractor's liaison and aid to the authorities in locating and protecting the abovementioned
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services and any other costs resulting from the work of the authorities.
SDA8-12 Dealing with existing services
Careful excavation carried out by the Contractor on the instruction of the Engineer to locate and expose existing services of which the exact location is not known, or where the existing service is found to be a further than 2,0 m from the position indicated, will be measured by volume. The rate shall cover all costs of materials, labour and plant, including specialist detecting equipment required to locate and expose the service.
Work that is carried out by the Contractor on the instruction of the Engineer with regard to existing services that are not indicated on the drawings and for which the Employer will carry the cost according to Subclause 5.4, with the exception of activities for which provision is made in SDA8-13, will be measured and paid for under Item A4, "Daywork".
Other than payment of the cost of alterations to overhead services and for dealing with and protecting poles affected by the excavations, dealing with and working below overhead wires will not be measured separately for payment as the costs thereof will be held to be covered by the other scheduled items.
SDA8-13 Alterations to existing services
Permanent alterations made to existing services by the Contractor will be measured and paid under the relevant scheduled items. The length of a service that is re-laid will be measured in its final position.
The sums or rates shall cover the cost of excavation and backfilling, lifting, recovery of the existing service and laying of the service in the new position and any other related work and materials such as new rubber ring seals, packing, etc., required to complete the alteration. New material required to make up shortfalls resulting from a longer route or damage caused, beyond the control of the Contractor, during recovery, and other work carried out by the Contractor in making permanent alterations for which no scheduled items apply will be measured and paid under Item A4: "Daywork".
SDA8-14 Setting out of the Works
The cost of the Works described in SDA5-3.1 will be held to be included in the tendered sums for Items A1.3 and A2.3 and no separate payment will be made for this work.
SDA8-15 Freehaul and overhaul
Notwithstanding any clauses in any Standardized Specification or Standard Specification Section dealing with the definition, measurement and/or payment for transport, freehaul and/or overhaul, no measurement nor payment for overhaul will be made. All haulage will be considered to be freehaul and the cost thereof will be deemed to be covered by the rates for the provision or disposal of the applicable material.
SDA8-16 Miscellaneous items
An item which, in the payment clause column of the Schedule of Quantities, refers to this clause (SDA8-16), will be measured in the unit scheduled.
The sum or rate for such item shall cover the cost of all materials, labour and plant required to execute and complete the work as specified, described in the Schedule of Quantities or shown on the drawing(s).
SDA8-17 Security
The costs for providing security against theft and vandalism will be held to be included in the tendered sums for Items A1.3 and A2.3 and no separate payment will be made for this work.
SDA8-18 Community Liaison Officer (CLO)
..................................................................................................................... Unit: month
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The Contractor shall pay the Community Liaison Officer. The tendered sum shall cover all costs including office rental, transport to meetings, all phone and administrative costs as well as the task rate as specified in PD11-1
SDA8-19 Clerk of Works (COW)
..................................................................................................................... Unit: month
The Contractor shall pay the Clerk of Works. The tendered sum shall cover all costs including office rental, transport to meetings, all phone and administrative costs as well as the task rate as specified in PD11-2
SDA8-20 Compile Site Specific Health and Safety Plan and File
........................................................................................................................ Unit: Sum
The sum tendered shall allow full compensation for all costs, of whatever nature, for compiling a project Health and Safety Plan. Payment will be made once the Health and Safety Plan is approved.
SDA8-21 Comply with Health and Safety Plan
........................................................................................................................ Unit: Sum
The rate tendered shall allow full compensation for all costs, of whatever nature, for complying with the project Health and Safety Plan, the Occupational Health and Safety Act 1993, Construction Regulations and the Occupational Health and Safety Specification for this project.
SDA8-22 Comply with Environmental Management Plan
........................................................................................................................ Unit: Sum
The sum tendered shall allow full compensation for all costs, of whatever nature, for complying with the project Environmental Management Plan. Payment will be made in equal monthly amounts over the contract period.
SAD8-23 Health and Safety monitoring
..................................................................................................................... Unit: Month
The Contractor shall pay the Engineer, on the monthly invoice of the Engineer; the rate per month stated in the Bill of Quantities and shall recover the same from the Employer under Item A3.11 in the Schedule of Quantities.
The Contractor’s overheads and profit on the above monthly payments will be paid under Item A3.12 in the Schedule of Quantities at the tendered percentage mark up on the payment made.
SDA8-24 Environmental Management monitoring
..................................................................................................................... Unit: Month
The Contractor shall pay the Engineer, on the monthly invoice of the Engineer; the rate per month stated in the Bill of Quantities and shall recover the same from the Employer under the Item A3.13 in the Schedule of Quantities.
The Contractor’s overheads and profit on the above monthly payments will be paid under Item A3.14 in the Schedule of Quantities at the tendered percentage mark up on the payment made.
SDAB ENGINEER'S OFFICE. (SANS 1200 AB) SDAB3 Materials
SDAB3-1 Nameboards. (Subclause 3.1)
In Subclause 3.1, the third line, amend the words "South African Institution of Civil Engineers" to read: "South African Association of Consulting Engineers (see Drawing 0016 EL 622)".
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SDAB3-2 Office building(s). (Subclause 3.2)
The Contractor shall provide and erect one office for the Engineer in accordance with Subclause 3.2, in the position indicated by the Engineer.
A concrete floor will be permitted for the office provided that it is covered with linoleum.
All windows in the office shall be fitted with blinds and burglar proofing over the entire glazed area, and with fly screens over the openings.
In addition to the furnishings specified in Subclause 3.2, the following facilities shall be provided for the office:
1 x plan cabinet (steel),
2 x 15 A power sockets,
1 x airconditioner for warm/cool air, with a cooling capacity of at least 2,0 kW.
SDAB3-3 Latrine and ablution facility
The Contractor shall provide, maintain and service one ablution room for the exclusive use of the Engineer.
This room shall be constructed as specified for the Engineer's office, but shall be at least 4 m2 in size and
fitted with one flush toilet and one hand washbasin.
SDAB3-4 Protective clothing
The Contractor shall provide and replace when necessary four sets of safety helmets and rubber wellington boots (of sizes as required) to members of the Engineer's site staff and his visitors.
SDAB4 Plant
SDAB4-1 Parking facilities
A lean-to carport for two cars, giving protection from the sun, wind and rain, and with a ground surface that is neither dusty nor muddy, shall be provided in a position adjacent to the Engineer's office for the exclusive use of the Engineer.
SDAB4-2 Telephone. (Subclause 4.1)
The Contractor shall, subject to availability, install a telephone in the Engineer's office. The telephone shall have its own line to the exchange, separate from that of the Contractor's telephone, and shall be fitted with a lock. A cellular telephone is not acceptable unless the Contractor accepts responsibility for the additional cost of the Engineer's official telephone calls both from and to the site.
SDAB4-3 Medical facilities and safety equipment
The Contractor shall make the first aid services and such personal safety equipment and facilities as are required in terms of SDA4-1, available to the Engineer and his site staff.
SDAB4-4 Vehicle for the Engineer
The Contractor shall purchase a new vehicle as specified, for the exclusive use by the Engineer and his site staff, for the duration of construction.
SDAB4-5 Electronic equipment for the Engineer
The Engineer will provide various items of electronic equipment for the exclusive use by the Engineer and his site staff, to assist in the administration of the Contract, for the duration of construction. The equipment will include a computer with internet access, digital camera and a cellphone.
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The equipment shall remain the property of the Engineer at all times, including upon completion of construction and the Contractor shall have no obligation other than the payment in terms of SDAB8-3. SDAB4-6 Survey Equipment and Assistance
(a) Survey equipment
The Contractor shall, in accordance with the requirements of SABS 1200 AB (as amended)
provide the following survey equipment for the exclusive use of the Engineer and his staff:
(i) 1 upright reading automatic level with tripod;
(ii) 1 metric levelling staff with protective cover bag;
(iii) 6 ranging rods;
(iv) 1 x measuring wheel
(v) 2 x 100m Steel measuring Tape;
(vi) 2 x 50m Steel measuring Tape
(vii) 5 x 6m measuring taps
(viii) 1 ± 2 kg hammer.
Whenever reasonably required by the Engineer, the Contractor shall, in accordance with the
requirements of SABS 1200 AB (as amended), make available to the Engineer or his representative, the
following additional survey equipment:
(i) 1 tacheometer with tripod;
(ii) 1 survey staff for tacheometer;
(iii) 1 hand-held GPS-Garmin 60CS or similar approved.
(b) Survey assistants
The Contractor shall, in accordance with the requirements of subclause 5.5 of SABS 1200
AB, make available to the Engineer, two (2) survey assistants.
SDAB5 Construction
SDAB5-1 Site instruction book
Throughout the construction period the Contractor shall supply a carbon triplicate book as a site instruction book.
This book shall be kept on Site and shall be accessible to both the Contractor and the Engineer at all times. It shall be used:
a) by the Contractor for providing the Engineer with any information regarding the construction of the Works which may be requested, and giving notification in writing of inspections, drawings, etc, required by the Contractor, and
b) by the Engineer for the purpose of writing day-to-day instructions and confirming any verbal information or instructions given to the Contractor.
One copy of each site note issued shall remain in the book.
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SDAB5-2 Key personnel. (Subclause 5.3)
The Contractor shall inform the Engineer of the person whom he has charged with the duties with respect to the Site in terms of the Occupational Health and Safety Act and the person(s) who are in possession of a valid certificate of competency in first aid. The Contractor shall give copies of the minutes of the site safety meetings to the Engineer.
SDAB ENGINEER'S OFFICE. (SANS 1200 AB)
SDAB8 Measurement and Payment
SDAB8-1 Telephone
Notwithstanding the requirements of Subclause 5.4, the Contractor shall be responsible for the costs of all official telephone calls made by the Engineer to a maximum amount of R5 000-00 for the full construction period.
The provisional sum under Item A3.1 provides for payment of the cost of calls that exceed R5 000-00, and, in addition, a commission on the amount paid under Item A3.1, will be paid under Item A3.2.
SDAB8-2 Provision of vehicles for the Engineer
The Contractor shall buy, for exclusive use by the Engineer, one (1) new single cab bakkie with a Diesel Engine and the following minimum specifications:
Engine capacity: 3 000 cc
Power: 120 KW
The vehicle must be equipped with Air-condition, Radio CD player, roll and bull bars and have a rubberised load bay. The price must include all on road cost.
The vehicles must be registered and licenced under the Contractors name. The Contractor will be responsible for the licencing of the vehicle during the Contract period.
The vehicles purchased under this item will revert to the employer upon completion of the project.
The Contractor must provide the Invoice for the purchase of the vehicle as part of the payment for this item.
Cost recovery will be under item A9.1 of the Schedule of Quantities. The Contractor will be entitled to add a handling fee and mark up under item A9.2 of the Schedule of Quantities
SDAB8-3 Provision for Fuel, Maintenance & Insurance
The Contractor will be responsible for all cost associated with operating and maintenance of the vehicle purchased for the RE. A fuel card must be provided with sufficient funds for the exclusive use of the RE.
Insurance cover or any access payment for insurance claims will be to the account of the Contractor during the contract period.The vehicle must have full comprehensive insurance cover.
Only once the vehicle has been transferred to the Employer will the Contractor be relieved of his responsibilities under this item.To recover the cost the Contractor must submit financial statements with actual invoices showing the cost of the services. Cost recovery will be under item A9.3 of the Schedule of Quantities. The Contractor will be entitled to add a handling fee and mark up under item A9.4 of the Schedule of Quantities.
SDAB8-4 Electronic equipment for the Engineer The Contractor shall pay the Engineer, on the monthly invoice of the Engineer, the rate per month stated in the Schedule of Quantities and shall recover the same from the Employer under Item A3.5. The Contractor's overheads and profit on the above monthly payments will be paid under Item A3.6 at the tendered percentage mark-up on the payments made.
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SDAB8-5 Survey cost to locate and mark all boundary pegs The Contractor shall appoint a registered professional Land Surveyor to locate all boundary pegs as per the cadastral plan of the RDP Housing Development. All pegs must be exposed, marked or replaced where necessary. This activity must be undertaken before any excavation work is done by the Contractor. To achieve a competitive price for this service three different quotes must be obtained for this service. The Engineer must be notified by the Contractor on which Survey Companies have been invited. With the quotation the Survey Companies have to provide proof of company registration and Indemnity insurance. With reference to Clause 4.4.3 of the GCC 2010 before the appointment is made the Employer needs to be notified and approve the appointment of any Sub-Contractor. Cost recovery will be under item A3.13 of the Schedule of Quantities. The Contractor will be entitled to add a handling fee and mark up under item A3.14 of the Schedule of Quantities. SDAB8-6 Testing, repairs and replacement of existing rising mains as instructed The Contractor shall be paid for all cost associated with the testing, repairs and replacement of pipe line. Payment will be measured, based on progress and actual cost, under the Schedule of Quantities and shall be recover from the Employer under Item A3.11 The Contractor's overheads and profit on the above monthly payments will be paid under Item A3.12 at the tendered percentage mark-up on the payments made. SDAB8-7 Accommodation for the Engineer The Contractor shall pay the Engineer, on the monthly invoice of the Engineer, the rate per month stated in the Schedule of Quantities and shall recover the same from the Employer under Item A3.13. The Contractor's overheads and profit on the above monthly payments will be paid under Item A3.14 at the tendered percentage mark-up on the payments made.
SDC SITE CLEARANCE. (SANS 1200 C)
SDC1 Scope
SDC1-1 Boulder size. (Clause 1)
For site clearance that is required to be carried out using labour intensive methods
"boulders of size up to 0,15 m³" shall read "boulders of mass up to 25 kg (approximately 0,01 m³)".
SDC4 Plant
SDC4-1 Equipment. (Clause 4)
Except that the Contractor may use power saws for cutting down trees of girth greater than 0,25 m, and a
tractor with a trailer for removal to the disposal site of the cleared material, the Contractor shall use only
hand tools such as saws, axes, picks, shovels, pangas, rakes, tampers and sledgehammers in the
clearing operations.
SDC5 Construction
SDC5-1 Areas to be cleared and grubbed. (Subclause 5.1)
Only the approved minimum area required for the execution of the Works including areas on which material shall be stockpiled for later reuse or on which material shall be dumped and spread, shall be cleared and grubbed.
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For the pipe trenches indicated by the Engineer, generally a sufficiently wide strip (construction width) equal to the trench width plus the estimated allowance for trench side slopes plus the width of stockpiled backfill and a 600 mm width (which shall be maintained alongside the trench) plus the width of access to the trench shall be cleared of vegetation. The width cleared shall, however, not exceed 5 m.
The vegetation cleared shall be stockpiled as unsuitable material.
SDC5-2 Clearing. (Subclause 5.3)
Except for the operations listed below, all clearing shall be carried out using labour intensive methods:
a) The removal of stumps of trees of girth greater than 0,5 m.
b) The removal and disposal of all rocks and boulders of mass equal to or greater than 25 kg (approximately 0,01 m³) that are lying on the surface to be cleared or are exposed during clearing.
SDC5-3 Conservation of topsoil. (Subclause 5.6)
Topsoil up to a depth of 150 mm, if available, shall be removed from the above specified cleared areas and stockpiled on approved sites for later reuse. Until required for spreading, the stockpiles of topsoil material shall be stabilized by watering or other approved means.
SDC8 Measurement and payment
SDC8-1 Clear and grub. (Subclause 8.2.1)
For work that is required to be carried out using labour intensive methods, "removing of boulders of size up to 0,15 m³" (in the 3rd line) shall read "removing of boulders of mass up to 25 kg"; "branches exceeding 0,5 m girth" (in the 5th line) shall read "branches up to 0,5 m girth" and "Boulders over 0,15 m³" (in the 8th line) shall read "Boulders equal to or greater than 25 kg in mass".
SDC8-2 Remove and grub large trees and tree stumps of girth. (Subclause 8.2.2)
Where it is required that the work be carried out using labour intensive methods, in the second line "1 m" shall read "0,5 m".
SDC8-3 Removal and conservation of topsoil. (Subclause 8.2.10)
The rate tendered for the removal of in situ topsoil shall, in addition to the items listed in Subclause 8.2.10, also cover the cost of stabilizing and protecting the stockpiles of topsoil.
SDD EARTHWORKS. (SANS 1200 D)
SDD2 Interpretation
SDD2-1 Definitions. (Subclause 2.3)
Where it is required that the earthworks be carried out using labour intensive methods, the definition "restricted excavation" shall read "an excavation required to be carried out using only hand tools or, where so permitted in the project specification, restricted plant usage".
SDD3 Materials
SDD3-1 Method of Classifying. (Subclause 3.1.1)
Where it is required that the work be carried out using labour intensive methods, add at the beginning: "Subject to the restrictions on the use of plant, ..."
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SDD3-2 Classes of excavation. (Subclause 3.1.2)
For work that is required to be carried out using labour intensive methods the excavation of material will be classified as follows:
"Soft. All excavated material that complies with PD9-3.3(a) and (b).
Intermediate. Material classified as dense, very dense, stiff, or very stiff in terms of Table 1 of PD9-3.3 and/or that in the opinion of the Engineer cannot be economically loosened without the assistance of picks prior to removal by forks and shovels.
Rock. Material that does not comply with PD9-3.3(a) and (b) and that in the opinion of the Engineer cannot be economically fragmented and loosened for removal except by the use of pneumatic tools."
SDD4 Plant
SDD4-1 General. (Subclause 4.1)
Where it is required that the work be carried out using labour intensive methods, the first two sentences of 4.1 shall read:
"Except where permitted in the project specification, the Contractor shall use only hand tools such as picks, shovels, sledgehammers and wheelbarrows. Although, for the purpose of classifying excavations, particular items of plant are specified in SDD3-2, the Contractor is not obliged to provide or use those specified items of plant for carrying out the work but he may do so for the excavation that is so classified."
SDD4-2 Compaction plant. (Subclause 4.2)
Where it is required that the work be carried out using labour intensive methods, the Contractor shall not use compaction plant larger than a walk-behind compactor.
SDD5 Construction
SDD5-1 Road traffic control. (Subclause 5.1.6)
In the 4th line of Subclause 5.1.6 amend "South African road traffic signs manual
1)" to
read:
"Southern African Development Community: Road Traffic Signs Manual1) and Chapter 13: of the South
African Road Traffic Signs Manual1)",
and amend the footnote to read:
"1) Published by the Department of Transport, Pretoria."
Where traffic signals are required, they shall be provided and operated in accordance with the applicable
requirements of the South African Road Traffic Signs Manual.
SDD5-2 Backfilling of trenches and backfilling or filling against structures. (Subclause
5.2.3.2)
Where it is required that the work be carried out using labour intensive methods, the
third last paragraph under (a), General, shall read "Where shown on the drawings or ordered, all trenches
and excavations outside structures shall be carefully refilled with approved material in layers of thickness
not exceeding 150 mm before compaction.", and the first line of the second last paragraph shall read:
"During the placing of each layer, the filling shall be watered to optimum moisture content, be well
stamped and compacted, ....".
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SDD5-3 Recording of original ground profiles
The Contractor shall inform the Engineer, in writing, at least 14 days before commencing any work which will result in a change in the topography of the site, whether such work be for the permanent works or for temporary works which the Contractor intends to execute for his own convenience. Thereupon, before commencing the work, the Contractor shall assist the Engineer in taking cross-sections of the original ground profiles or another approved method to determine the ground profiles of the entire area to be worked. In addition all rock and/or foundation levels shall be recorded as the work proceeds.
The information so obtained shall be permanently recorded on a drawing or drawings which shall each be signed by both the Contractor and the Engineer. The Contractor shall then provide the Engineer with a reproducible copy of each drawing to serve as a permanent record both for the purpose of determining the quantities of excavation and earthworks carried out in the construction of the permanent works and the extent to which temporary works shall be removed or temporary excavations shall be refilled upon completion of the Works.
SDD5-4 Topsoiling. (Subclause 5.2.4.2)
Where it is required that the work be carried out using labour intensive methods, the words "by wheeled vehicles or" shall be deleted.
SDD5-5 Excavation of hard rock by means of explosives and without explosives
The Contractor shall not use explosives within 8 m of any pipeline or within 12 m of any building. Should the Contractor elect to excavate hard rock within 16 m of any major watermain or within 24 m of any building without the use of explosives, the Engineer will approve the payment at the tendered rates for the excavation of hard rock without the use of explosives. The application of this ruling will not relieve the Contractor of his responsibilities in accordance with Subclause 5.1.1.3 or otherwise in terms of the Contract.
Refer to New Explosives Act, Act 83 of 1997 (Replaced Act 1956):
"Notwithstanding the Contractor's compliance with the above provisions, the Contractor shall remain liable for any injury to persons and animals and loss of or damage to property occurring as a result of blasting operations.".
SDD5-6 Freehaul. (Subclause 5.2.5.1)
Where it is required that the work is to be carried out using labour intensive methods, freehaul shall be 150 m.
SDD5-7 Disposal of material. (Subclauses 5.1.4.3 and 5.2.2.3)
All surplus material and all unsuitable material from excavations and clearing and grubbing operations shall be removed from the Site by the Contractor using mechanical methods of construction and disposed of at the site described in PD5-4.
Dumping shall proceed in an orderly manner with coarse material placed at the bottom and covered with finer material, where possible. Upon completion of dumping the material shall be shaped to provide free-draining surfaces and slopes and finished off to the satisfaction of the Engineer.
SDD5-8 Topsoiling. (Subclause 5.2.4.2)
Topsoil shall be placed as directed in Subclause 5.2.4.2 on the construction width or where ordered by the Engineer, to a nominal thickness of 100 mm after light compaction.
SDD8 Measurement and payment
SDD8-1 Recording of original ground profiles
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The tendered rate for excavation shall cover the cost of recording the original ground profiles, rock and/or foundation levels, as applicable, as specified in SDD5-3.
SDD8-2 Existing services. (Subclause 8.3.8)
See SDA8-12.
SDD8-3 Extra-over payment for excavation classification
The rate shall cover the cost of the work listed in Subclause 8.3.2 (a) and (b) of SANS 1200 DB irrespective of the method used. Where refusal on rock using labour intensive methods occurs at depths less than 1,5 m, the rate for excavation shall be apportioned on a pro-rata basis.
SDD8-4 Excavation using labour intensive methods
Extra-over payment will be made for excavation in materials as classified in SDD3-2, the terms of Subclause 8.3.3 shall apply.
Notwithstanding the terms and conditions of SANS 1200 D, the spoiling of excess/unsuitable material will be measured separately.
SDD8-5 Restricted excavation. (Subclause 8.3.3)
The provision of working space (see Subclause 8.3.5) will not be measured for payment. Notwithstanding the provisions of Subclause 8.1.3, the Contractor shall make his own allowance for the excavation of any working space required for formwork or other purposes. The rates for restricted excavation shall also cover the costs of providing working space. All restricted excavation will be measured to the net dimensions of concrete floor slabs or other dimensions ordered by the Engineer.
SDD8-6 Topsoiling. (Subclause 8.3.10)
Topsoiling will be measured by surface area covered.
The rate for topsoiling shall cover the cost of loading, hauling, spreading to a thickness of 100 mm, after light compacting and making suitable provision to avoid the topsoil from washing away using labour intensive methods, all to the approval of the Engineer.
SDD8-7 Spoiling excess/unsuitable material
Spoiling of excess/unsuitable material will be measured by volume.
The rate shall cover the cost of loading the material from stockpile and of carting to, and tipping material at the designated disposal site. The first 1.0 km distance will be considered as freehaul. The remainder will be measured as one way distance.
The terms and conditions of Subclause 5.2.2.3 of SANS 1200 D shall apply.
SDDB EARTHWORKS (PIPE TRENCHES). (SANS 1200 DB)
SDDB1 Scope. (Subclause 1)
The following work in this section shall be carried out using labour intensive methods:
a) Excavation of all material for trenches not deeper than 1,5 m.
b) Selecting material for, and backfilling and compaction of trenches (additional compaction for areas subject to traffic loads excluded).
c) Stockpiling unsuitable and surplus material on site.
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SDDB3 Materials
SDDB3-1 Classes of excavation. (Subclause 3.1)
For trench excavation that is required to be carried out using labour intensive methods the excavation of material will, for purposes of measurement and payment, be classified as specified in SDD3-2.
SDDB3-2 Selection. (Subclause 3.7)
Notwithstanding Subclause 3.7, in terms of which the Contractor has a choice regarding methods of selection, the Contractor is required to use selective methods of excavation. The Contractor shall selectively remove and keep separate the sandy material from unsuitable material and place it adjacent to the trench for reuse as backfill, selected fill, selected granular material or for other use as ordered by the Engineer.
When preparing his programme and construction methods, the Contractor shall make allowance for selective excavation.
SDDB3-3 Geotextile blanket
In addition to the requirements of Subclause 3.5 of SANS 1200 LE the geotextile required in terms of SDDB5-1 shall comply with the following:
Mass: 150 g/m2 (minimum)
Strength in all directions: 6 kN/m (minimum)
Equivalent opening size (EOS): 105 micrometres (maximum)
SDDB4 Plant
SDDB4-1 Excavation equipment. (Subclause 4.1)
Where it is required that the work is to be carried out using labour intensive methods, 4.1 shall read:
"Except that the Contractor may use the tools, equipment and plant specified for the classification of the material in the excavation of that material, the Contractor shall use only hand tools such as picks, shovels and sledgehammers".
SDDB4-2 Compaction equipment. (Subclause 4.3)
Where it is required that the work is to be carried out using labour intensive methods, 4.3 shall read:
"The Contractor shall use only hand tampers and hand held pneumatic tampers to compact the material in the trench. He shall carry out his compaction in such a manner that the pipeline, duct or cable is not stressed or damaged. The material directly above the pipe, duct or cable shall not be compacted until sufficient backfill has been placed to ensure the loads transmitted to the top of the pipe, etc. are no greater than would be imposed by normal road traffic over a pipeline with cover of depth 600 mm".
SDDB5 Construction
SDDB5-1 Unstable trench bottom
The Engineer may, upon consideration of the condition of the trench bottom, particularly with regard to the properties of the soil materials, order the use of a crushed stone layer in order to provide a stable platform for placing of the pipe bedding and laying the pipe in certain sections of the trenches. The stone layer shall consist of 19 mm single-sized crushed stone, and shall have a specified thickness of 150 mm over the specified minimum base width.
Should the material in the trench bottom or the bedding material be of such a nature that it can penetrate
the stone layer, the Engineer may instruct the Contractor to enclose the stone layer completely within a
geotextile filter blanket which shall comply with the requirements of SDDB3-3, and shall have overlaps of
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at least 200 mm.
SDDB5-2 Maximum length of open trench excavation
The Contractor shall limit the length of trenches open, at any time, to a maximum of 300
m per pipelaying team or between 3 consecutive manholes, whichever is the smaller.
SDDB5-3 Depositing material excavated from trench
Unless otherwise ordered by the Engineer, all excavated material shall be kept within
the pipe servitude. The toe of the bank of excavated material shall be trimmed well back from the edge of
the trench so as to leave a minimum 0,6 m clearance between the toe of the bank and the edge of the
trench. The Contractor shall keep this strip clear of excavated material at all times.
The Contractor shall take steps to avoid burying or contaminating topsoil which shall be set aside for
replacing, as far as practicable, on the surface from which it was excavated.
As most trenches run alongside existing boundary fences/walls the Contractor shall keep photographic
records of the existing structure both before and after construction. The Contractor shall be held liable for
all costs in repairing existing fences and walls should they be damaged during construction of the works.
SDDB5-4 Excavations near structures or services
If the lack of space near existing houses, structures, fences or services restrict the use
of normal vehicles, or where trench excavations in hardrock material cannot be done by means of
blasting, the excavation shall be carried out by other methods.
SDDB7 Testing
SDDB7-1 Testing the compaction of backfill to trenches and reinstatement of surfaces.
(Subclause 7.1)
The Contractor shall carry out density tests as specified in TMH1 (Standard Methods of
Testing Road Construction Materials published by the National Institute for Transport and Road Research
of the CSIR), in the positions indicated by the Engineer, to determine the compaction of the backfill
material in the trenches and the material used for reinstating the road construction layers. No single test
result which is below the specified density, will be accepted.
In the case of trenches in areas subject to traffic loads, the Contractor shall, notwithstanding the terms of
the second sentence of Subclause 7.1, bear the cost of all density tests carried out except as follows.
Where the test results are equal to or exceed the specified density, the Employer will bear the cost of that
number of those tests ordered by the Engineer in excess of one test per 20 m3 of compacted material,
based on the total volume of backfill and reinstated road layers, including the replacement of any
overexcavation, in areas subject to traffic loads.
The Contractor shall also bear the cost of those density tests, carried out by the Engineer, of which the
test results are below the specified density.
SDDB8 Measurement and payment
SDDB8-1 Basic principles. (Subclause 8.1.2)
SDDB8-1.1 Ground Surface
In Subclause 8.1.2(c), amend the last sentence to read:
"The ground surface will be that existing after any bulk excavation has been carried out and before any embankment has been constructed, unless a portion of the embankment has to be constructed in order to achieve an acceptable cover over a pipe that is to be installed, in which case, measurement will be made
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from the level of embankment that produces an acceptable minimum cover over the pipe."
SDDB8-1.2 Excavation method
All excavation will be utilising labour intensive methods to a maximum depth of 1,5 m or refusal on rock which in the opinion of the Engineer can only be economically removed by blasting otherwise mechanical methods of excavation shall be utilised to achieve the required depth.
SDDB8-2 Excavation using labour intensive methods
Except that the depth increment measured shall be a maximum of 1,5 m deep, the terms of Subclause 8.3.2 shall apply.
SDDB8-3 Excavation. (Subclause 8.3.2)
The rates for excavation of trenches shall be separated into a rate for excavation and a rate for backfill, compact and dispose of surplus material excavated either by labour intensive methods or by mechanical means as scheduled.
The rates for excavation of trenches shall cover the cost of:
i) the work listed in Subclause 8.3.2(a), irrespective of the method of excavation used,
ii) the work listed in Subclause 8.3.3.3,
iii) barricading and lighting,
iv) safeguarding and accommodation of traffic and maintenance of accesses,
v) restrictions on the methods of excavation, also on account of restricted working space adjacent to houses, fences and other structures,
vi) selection as specified in SDDB3-2, and
vii) density testing in accordance with SDDB7-1.
SDDB8-4 Crushed stone bedding layer and geofabric blanket
Where the use of a layer of crushed stone in the trench bottom has been authorized by the Engineer, it will be measured by volume calculated according to the length multiplied by the specified thickness and specified minimum base width.
The rate shall cover the cost of all additional excavation and preparation of the trench bottom to accommodate the layer of stone, the removal of unsuitable material, the supply and placing of a layer of stone at least the specified thickness over at least the specified width and all related activities in order to produce a stable platform.
Where the Engineer has authorized the use of geotextile filter blanket, this will be measured by area as:
Area = 2 x (specified thickness + minimum base width) x net length.
The rate shall include the cost of supply, placing and losses as a result of overlaps and over excavated
trench widths.
SDDB8-5 Backfill, compact and deal with surplus material of trenches deeper than 1,5 m
Backfilling, compacting and dealing with surplus material will be measured and paid for by volume.
The rate shall cover the cost of backfilling, wetting of backfill material to reach optimum moisture content,
compacting and stockpiling the surplus material. The disposal of surplus/unsuitable material will be
measured and paid in accordance with SDD8-7.
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SDEMA ENVIRONMENTAL MANAGEMENT. (SPEC EMA BASIC)
SDEMA6 Tolerances
SDEMA6-1 Penalties. (Subclause 6.1)
Penalties for the activities detailed below, will be imposed by the Engineer on the
Contractor and/or his Sub-contractors.
a) Any employees, vehicles, plant, or thing related to the Contractor’s
operations operating within the designated boundaries of a “no-go” area. R 5 000
b) Any vehicle driving in excess of designated speed limits. R 1 000
c) Persistent and un-repaired oil leaks from machinery. R 3 000
d) Persistent failure to monitor and empty drip trays timeously. R 1 000
e) The use of inappropriate methods for refuelling. R 1 000
f) Litter on site associated with construction activities. R 1 000
g) Deliberate lighting of illegal fires on site. R 5 000
h) Employees not making use of the site ablution facilities. R 2 000
i) Failure to empty waste bins on a regular basis. R 1 000
j) Inadequate dust control or erosion prevention measures. R 5 000
For each subsequent similar offence the fine shall be doubled in value to a maximum value of R100 000.
The Engineer shall be the judge as to what constitutes a transgression in terms of this clause, subject to
the provisions of Clause 3.1.2 of the General Conditions of Contract. In the event that transgressions
continue the Contractor’s attention is drawn to the provisions of Sub-clause 9.2.1.3.5 of the General
Conditions of Contract under which the Employer may cancel the Contract.
SDG CONCRETE (STRUCTURAL). (SANS 1200 G)
SDG2 Interpretations
SDG2-1 Exposure condition. (Subclause 2.4.1)
All concrete on the Works shall be as specified for moderate exposure condition.
SDG2-2 Strength concrete. (Subclause 2.4.2)
Grade 30 MPa/40 mm means strength concrete grade 30 MPa with 40 mm stone.
SDG3 Materials
SDG3-1 Aggregate. (Subclause 3.4)
The nominal stone size specified in the concrete grade (e.g. 30 MPa/40 mm) shall mean
stone conforming to the grading specified in SANS 1083 for the nearest equivalent size, i.e. 40 mm
means stone that complies with SANS 1083 for 37,5 mm size.
SDG5 Construction
SDG5-1 Defects. (Subclause 5.5.14)
All defects shall be repaired as soon as possible after the formwork has been removed
and the Engineer has inspected the concrete. A statement of the method to be used for each repair shall
be submitted to the Engineer for his approval before any work is carried out. The Engineer may prohibit
the further placing of concrete in the particular area concerned until he is satisfied that the repair has
been satisfactorily executed.
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SDG6 Tolerances
SDG6-1 Permissible deviations. (Subclause 6.1.1)
Degree of Accuracy I shall apply. SDLB BEDDING (PIPES). (SANS 1200 LB)
SDLB1 Scope
The following activities of this section shall be carried out by labour intensive methods.
a) Selecting material suitable for bedding from excavations.
b) Transporting bedding material.
SDLB3 Materials
SDLB3-1 Selected granular material. (Subclause 3.3)
In the case of flexible pipes the selected granular material shall consist of sand.
SDLB5 Construction
SDLB5-1 Source of bedding and selected fill material
When directed, the Contractor shall import material suitable for bedding and selected
fill. If suitable selected material is not available from excavation the Contractor shall supply the material from commercial source.
SDLB7 Testing
SDLB7-1 Compaction
Where compaction is carried out using labour intensive methods, the required
compaction shall be 90% MAMDD for all materials.
The method implemented for testing of the bedding compaction shall be the sand replacement test
method.
SDLB8 Measurement and payment
SDLB8-1 Volume of bedding materials. (Subclause 8.1.3)
The volume of bedding material will be measured net, excluding the volume occupied
by the pipe.
SDLB8-2 Compaction testing
All testing of bedding compaction ordered by the Engineer that complies with the specification will be paid for by number. All tests that failed to meet the specified density will be to the Contractor's account.
SDLG PIPE JACKING
SDLG1 Scope
This specification applies, mutatis mutandi, to the horizontal baring method of pipe and
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service installation and rehabilitation.
SDLG2 Interpretations
SDLG2-1 Supporting specifications. (Subclause 2.1)
Delete from subclause 2.1(a), “or SANS 1200 AA, as applicable” and throughout the specification delete all reference to SANS 1200 AA.
Delete from subclause 2.1(c), “or SANS 1200 DA, as applicable” and throughout the specification delete
all reference to SANS 1200 DA.
Delete from subclause 2.1(e), “or SANS 1200 GA, as applicable” and throughout the specification delete all reference to SANS 1200 GA.
SDLG2-2 Definitions. (Subclause 2.3)
Add the following:
Horizontal boring. The installation of pipes and cables on a constant grade and alignment , by pulling
them into position behind a hydraulically or pneumatically powered cutting or hammer head. The material displaced by the head is either displaced sideways or removed, via the pipe, by mechanical, hydraulic or mechanical methods.
SDLG3 Materials
0
SDLG3-1 Steel Pipe
Steel pipe shall be manufactured as specified in BS 534. Steel plate to BS 4360 Grade 43A is acceptable and the minimum wall thickness shall be 3,0 mm.
SDLG3-2 Corrosion protection
See SDL3-5
SDLG3-3 Welding on site
The site welding shall be done by hand in accordance with the applicable requirements of BS 2633 and shall be carried out by a welder who is qualified in terms of the approval test given in BS 2633.
The welder shall have a unique code with which he shall mark each joint welded by him, so that it can be identified.
All field welds shall be examined by a qualified inspector using an approved dye-penetrant or radiographic test method. Certificates of acceptance shall be submitted to the Engineer.
SDLG5 Construction
SDLG5-1 Excavation
SDLG5-1.1 Thrust pit. (Subclause 5.4.2)
Replace the third sentence of the second paragraph with:
“(The Contractors attention is drawn to the requirements of the Occupational Health and Safety Act 1993 (Act 83 of 1993)(see subclause 5.1 of SANS 1200 D).)”.
SDLG6 Tolerances
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SDLG6-1 Permissible deviations. (Subclause 6.2)
Replace the first sentence with:
“The position of any point of the finished service shall be within the tolerances listed in table 1, as
applicable.”.
Insert the following:
Method Horizontal Tolerance Vertical Tolerance
Horizontal boring 50 mm/m 50 mm/m
Table 1 : Permissible deviations
SDLG8 Measurement and payment
SDLG8-1 Installation of pipes through soft material
The installation of pipes through soft material will be measured by length. The length
will be determined as the length between the completed ends of the pipeline that has been installed.
Separate items will be scheduled for the different methods of pipeline installation and for different
diameters of pipe.
The rate shall cover the cost of the establishment of all relevant plant, labour and equipment on site, and
the cost of the labour, subsidiary materials, plant and supervision required to handle and position the
pipes, plant and equipment, and to install the pipeline through soft material.
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SDL MEDIUM-PRESSURE PIPELINES. (SANS 1200 L)
SDL1 Scope
The following activities of this section shall be carried out by labour intensive methods, where possible.
a) Handling and transporting of pipes.
b) Placing and compaction of bedding.
c) Laying of pipes.
d) Casting of anchor blocks.
e) Building of manholes.
SDL3 Materials
SDL3-1 Watermains
SDL3-1.1 General
Watermains shall be either HDPE PE 80 or PVC-U to the specified pressure rating complying with the requirements of SANS 4427 and SANS 966/2000 respectively. PVC pipes shall be manufactured in standard lengths not exceeding 6 m with spigot and socket joints with integral socket and locked-in rubber ring seal.
SDL3-2 Steel pipes
SDL3-2.1 General
Pipes shall be either Mild Steel/Ductile Iron as specified on the drawings.
Steel pipes shall be mild steel complying with SANS 719 Grade B and shall have a minimum thickness of 4,5 mm. Steel pipes shall be manufactured as specified in BS 534. Steel plate to BS 4360 Grade 43A is acceptable. The manufacturer of the pipes shall submit to the Engineer the steel maker's certificates covering all steel used as required in Clause 3.4 of SANS 719. The steel pipes shall be manufactured exclusively at the works of such manufacturers as may be approved by the Engineer and at only one works unless otherwise agreed by the Engineer in writing.
Ductile iron pipes shall be manufactured strictly in accordance with NF EN 545 and ISO 2531. The pipes are to have external coatings of 200g/m² metallic zinc with synthetic paint and lined internally with sulphate resisting cement (SRC) mortar.
Pipes shall be manufactured exclusively at the works of such manufacturers as may be approved by the Engineer and at only one works unless otherwise agreed by the Engineer in writing.
SDL3-3 Specials
SDL3-3.1 General
All specials and fittings shall be manufactured from material as stated in the Bill of Quantities and/or shown on the drawings in accordance with Subclause 3.4.4.
SDL3-3.2 For PVC-U pipelines
Standard specials such as tees, flange adaptors, reducers etc. for PVC-U pipelines may be fabricated from mild steel or SG iron. Unless otherwise specified, all bends shall be PVC-U.
SDL3-3.3 For steel pipelines. (Subclause 3.4)
SDL3-2.1 shall apply mutatis mutandis.
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Mild steel specials shall be manufactured from mild steel complying with SANS 719 Grade B and shall have a minimum thickness of 4,5 mm.
SDL3-4 Flanges
Flanges for pipe specials shall comply with SANS 1123 in accordance to the flange drilling/pressure rating (PN) as specified:
PN 1000 kPa / Class 10 = Table 10 of SANS 1123
PN 1600 kPa / Class 16 = Table 16 of SANS 1123
PN 2000 kPa / Class 20 = Table 20 of SANS 1123
PN 2500 kPa / Class 25 = Table 25 of SANS 1123
PN 4000 kPa / Class 40 = Table 40 of SANS 1123
Any item of pipework or special or valve of which the flanges are incorrectly drilled, will be rejected. The reaming of bolt-holes to oversized dimensions to enable a particular item to fit will not be allowed.
All flanges shall be provided complete with bolts, nuts, washers and rubber O-rings or fibre insertions, as appropriate. Rubber O-rings dimensioned in accordance with DIN 2514 specification shall be supplied to suit suitably machined flanges. Compressed asbestos fibre insertions shall be not less than 1,5 mm thick and shall comply with BS 2815 Grade B.
SDL3-5 Valves. (Subclause 3.10)
SDL3-5.1 Gate valves
Gate valves shall comply with SANS 664 Class 10 (waterworks pattern), shall carry the SANS mark, shall be of the resilient seal ("RSV") type, unless otherwise specified, be clockwise closing, with non-rising spindle, and shall be drop-tight when tested in accordance with BS 5163. The direction of closing must be shown clearly on the valve. The design of the stuffing box shall be such that the O-rings can be replaced while the valve is in service without having to remove the valve dome.
Gate valves shall be fitted with cap-tops unless otherwise specified and shall be either flanged or spigotted as scheduled. Gate valves shall be supplied with couplings and all materials necessary for complete installation.
SDL3-5.2 Air valves
The air valves shall be double orifice with anti-shock mechanism ("Variant" air valve or equal approved.)
Each air valve shall be fitted with a separate isolating valve, which shall be as specified in the Bill of Quantities.
Each air valve shall be manufactured with a 1/4" BSP female test cock connection to enable pressure measurements on the pipeline. The connection shall be fitted with a threaded stainless steel male plug with hexagonal bolt head.
SDL3-6 Reflux and check valves
Reflux valves shall be "VOSA" (or equal, approved).
Reflux and check valves shall close immediately the velocity in the pipeline is zero, in order to prevent any reversal of flow.
SDL3-7 Reservoir inlet control valve
Inlet control valves shall be Bermad 750-66-B-M (or similar approved).
SDL3-8 Pressure reducing valves
Pressure reducing valves shall be Braukmann D 06 FN -1,5” type or similar approved.
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SDL3-9 Break pressure inlet control valve
The inlet control valve to the reinforced concrete break pressure tanks shall be VOSA Equilibrium Float Control Valve or similar approved as specified.
SDL3-10 Water meters
Water meters are to be Kent “Helix 4000” or similar approved.
SDL3-11 Corrosion protection
SDL3-11.1 General
Unless otherwise specified or indicated on the drawings:
All valves shall be coated internally and externally with fusion bonded epoxy powder (FBE) in accordance
with SDL3-11.3.
All ductile iron pipes are to have external coatings of 200g/m² metallic zinc with synthetic paint and lined internally with sulphate resisting cement (SRC) mortar.
All steel pipes shall be hot dipped galvanized after fabrication in accordance with the requirements of EN
10240:1997. The designation of the coating quality = A.1.
All bolts, nuts and washers shall be hot dip galvanized to SANS 121, after threading. All bolts, nuts and
washers within water retaining structures or exposed to rain water shall be fabricated from stainless steel.
SDL3-11.2 Steel pipes and specials
The steel pipes and specials shall be hot dip galvanized after fabrication, in accordance
with the requirements of SANS 32 for heavy duty applications. Furthermore machining, cutting or welding
after hot dip galvanizing will not be allowed.
SDL3-11.3 Fusion bonded epoxy. (Subclause 3.9.2.2(b)(4))
Fusion bonded epoxy (FBE) coating shall comply with the provisions of SANS 1217 as
for a Type 2 powder coating which shall apply mutatis mutandis to the coating of fittings.
Such coating may only be done in a shop with a known or proven proficiency in such type of work.
The entire surface to be coated must be free of dust and moisture and must comply with the provisions of
Subclause 4.1.1 of SANS 1217. The total dry film thickness shall be at least 400 micrometres (+ 50
micrometres).
The sealing area of the flanges shall be treated to a dry film thickness of 150 micrometres (+ 25
micrometres) (i.e. masked off before the second coat is applied).
The painting shall be such that all trimmings are covered by paint for a distance of at least 5 mm to
discourage bi-metal corrosion.
No field repairs of damaged paint areas (if any) are allowed.
SDL3-12 Marking of items
All items delivered on Site shall be clearly marked showing the following:
a) nominal diameter,
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b) class of pipe,
c) date of manufacture, and
d) reference number as shown in the Bill of Quantities.
SDL3-13 Protection during handling, storage, etc.
The Contractor shall satisfy the Engineer that the manufacturers' recommendations for
good practice for transporting, handling, stacking, storing and installing pipes, pipe fittings, sealing
rubbers etc. are being diligently followed. The Engineer's Representative shall be given the opportunity
to inspect all materials immediately prior to installation and shall have the right to reject any materials
which, in his opinion, have suffered damage which may impair the long term durability or strength of said
items.
Pipes and specials shall be protected against damage during all stages of manufacture, delivery, storage
and handling. The ends of all steel pipes and specials shall be protected against denting. Steel pipes
shall be transported and stacked in such a manner that the pipe barrel is not deformed by more than 2%
of its diameter. Dents which cause a protrusion of more than 1 mm on the inside of the steel special, may
result in the special being rejected.
Until required, rubber rings and couplings in which there are rubber rings shall be stored undercover in a
cool, dark place, away from grease, oil and harmful chemicals. If rubber rings are tied in bundles they
shall be untied at least 2 days before being required to allow the rubber rings to recover from any tie
marks and indentations.
SDL5 Construction
SDL5-1 Protection of buried joints
The Contractor shall protect all nuts and bolts against corrosion by wrapping them with
"Denso" tape or equal approved, in accordance with the manufacturer's instructions.
Corrosion protection for all valves, specials, pipework and pumps shall comply with the following
specifications.
All buried pipework shall be wrapped in an approved petroleum-based paste and adhesive tape ("Denso
tape" or equal, approved) in accordance with the manufacturer's instructions.
SDL5-2 Depths and cover. (Subclause 5.1.4)
Watermains shall be laid with a minimum cover of 0,8 m.
SDL5-3 Intersection of service pipes
Where the minimum clearance between pipe crossings would be less than that
specified in Subclause 5.1.4.3, the watermain shall be laid beneath the service crossed, at an invert level
which allows for the clear space as specified. The watermain shall be laid horizontally at this level for a
distance of at least 1,0 m on either side of the centreline of the service crossed and the transition to the
specified cover levels obtained as specified in Subclause 5.1.4.2.
The Contractor may, at his own expense, increase the cover levels by a maximum of 200 mm. No
decrease in cover level or clear space between pipe barrels as specified will be permitted unless
otherwise instructed by the Engineer in writing.
SDL5-4 Stringing out of pipes
Subject strictly to the requirements of Subclause 3.1 and SDL3-13 pipes may be offloaded and strung out in the servitude.
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SDL5-5 Location of valves. (Subclause 5.1.1)
The cover of the chamber shall be aligned with the pipe direction. SDL5-6 Cleaning of potable water pipelines. (Subclause 5.1.3)
In addition to the requirements of Subclause 5.1.3, the Contractor shall at all times ensure that no contaminants enter the potable water system and shall take the necessary steps to protect all pipes, specials and erf connections from contamination. All pipes and specials strung out above ground along the line of the trench shall have both ends closed by means of an adequately fixed plastic cap or other approved material, supplied by the Contractor, in order to prevent the ingress of foreign material. Unless otherwise directed by the Engineer, the Contractor shall, when filling the pipeline with water for the first time, use suitable pipe pigs driven by a flush of water to aid the cleaning of all sections of the pipeline(s). If necessary, the pig shall be passed through a section more than once. If necessary, the Contractor shall install special temporary fittings in the pipeline for the insertion and recovery of the pigs. Such temporary fittings shall be removed after the pipeline has been cleaned to the satisfaction of the Engineer. The Contractor shall satisfy the Engineer that every pig inserted into the pipeline is recovered after use. SDL5-7 Isolating valve chambers. (Subclause 5.6)
Valve chambers shall be constructed as detailed on Drawing 105991 EL 104. SDL5-8 Flexible connections at structures
In order to avoid damage to pipes due to differential movement where the pipes enter chambers or other structures, all rigid pipes built, cast or grouted into such structures shall be provided with flexible connections to the type details shown on Drawing LD-2 of SANS 1200 LD. SDL5-9 Connection into existing main
Where shown on the drawing or ordered, the Contractor shall cut into the existing watermain and connect in the new main. Before commencing the excavation of pipe trenches in the vicinity of a proposed connection, the Contractor shall excavate for, expose, survey and record the position and level of the connection point on the existing watermain. The Contractor shall be responsible, through the Engineer, for liaison with the Municipality (authority concerned) to arrange for turning off the water in order to carry out the connection. The Contractor may cut into the existing watermain only after he has received a written instruction from the Engineer to do so. Before the connection is made, the new pipes must be laid to within 2 m of the connecting point, and must be temporarily blanked off, anchored, sterilized and tested. The Contractor shall arrange all the necessary work involved with the connections, including liaising with the Municipality, locating existing services, breaking out anchor blocks (if necessary), and removal of existing pipe fittings and couplings. SDL5-10 Disinfection of pipelines. (Subclause 5.10)
Notwithstanding the requirements of Subclause 5.10, the Contractor shall disinfect the pipelines before testing and before connecting into the reservoirs or the reticulation.
SDL5-11 Concrete encasement of pipes
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Where watermains are required to be encased in concrete, the encasement shall be constructed to the type details shown on Drawing LD-6 of SANS 1200 LD. Concrete encasement at stream/donga crossings shall be constructed as detailed on Drg 105991 EL 108.
SDL7 Testing
SDL7-1 Test pressure and time of test. (Subclause 7.3.1)
The test pressure for field testing in terms of Subclause 7.3.1.2 shall be 1,5 times the maximum allowable working pressure applicable to the class of pipe specified for new pipelines and 1.25 x maximum working pressure as obtained from the Engineer for existing pipelines.
SDL7-2 Restriction on length of open trench
The restrictions pertaining to the maximum allowable length of open trench as contained
in SDDB5-2 may result in certain lengths of the pipeline being backfilled before they can be tested as
specified in Clause 7. The pipeline may be tested in short sections provided the method of such testing is
approved by the Engineer.
SDL8 Measurement and payment
SDL8-1 Supply, lay and bed pipes complete with couplings. (Subclause 8.2.1)
The rates for supplying, laying and bedding pipes shall also cover the cost of cleaning
the pipeline as specified in Subclause 5.10(a) and SDL5-6 including the provision and removal of
temporary fittings required for the insertion and recovery of the pigs.
The rates for supplying, laying and bedding pipes shall also cover the cost of testing in short sections in
accordance with SDL7-2.
The rates for the supplying and laying of metal pipes shall include for the cost of corrosion protection as
specified.
SDL8-2 Corrosion protection
Notwithstanding Subclauses 8.2.7 and 8.2.15, the rates for pipes, valves, specials and couplings shall
also cover the cost of mortar lining and sheathing, mortar encasing, wrapping and all other corrosion
protection as specified.
SDL8-3 Water meters, stand pipes, headwalls, marker posts and pressure reducing valves
These items will be measured and paid for by number.
The rate shall cover the supply and installation of all materials complete as described in the Bill of
Quantities and relevant detail drawing.
SDL8-4 Anchor/thrust blocks and pedestals. (Subclause 8.2.11)
Notwithstanding Subclause 8.2.11 anchor/thrust blocks and pedestals will be measured by volume of
concrete and square metreage of formwork, separately, to the net dimensions shown on the drawings.
The rate for concrete shall cover the cost of excavation, concrete and steel reinforcement with formwork
being measured and paid for separately (allowing for 0,10 t of high tensile steel per cubic metre of
concrete).
SDL8-5 Connect into existing watermain
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Connections to existing pipework will be measured by number of connection points.
The rate shall cover the cost of locating, exposing and backfilling the watermain, liaising with the
Municipality (authority concerned) to arrange for turning off the water, cutting into the pipe, dealing with
water, cutting pipes to fit, including turning if necessary, dealing with water, and the supply and fitting of
long collar repair couplings to complete the connection and, if required, the temporary sealing and
anchoring of pipe ends for testing purposes and subsequent removal of seals and anchors. The specials
required to make the connection will be measured separately.
SDLB BEDDING (PIPES). (SANS 1200 LB)
SDLB1 Scope
The following activities of this section shall be carried out by labour intensive methods.
a) Selecting material suitable for bedding from excavations.
b) Transporting bedding material.
SDLB3 Materials
SDLB3-1 Selected granular material. (Subclause 3.3)
In the case of flexible pipes the selected granular material shall consist of sand.
SDLB5 Construction
SDLB5-1 Source of bedding and selected fill material
The Contractor shall provide material suitable for bedding and selected fill from the trench. If suitable
selected material is not available from excavation the Contractor as instructed in writing by the Engineer
shall supply the material from a commercial source.
SDLB7 Testing
SDLB7-1 Compaction
Where compaction is carried out using labour intensive methods, the required compaction shall be 90%
MAMDD for all materials.
The method implemented for testing of the bedding compaction shall be the sand replacement test
method.
SDLB8 Measurement and payment
SDLB8-1 Volume of bedding materials. (Subclause 8.1.3)
The volume of bedding material will be measured net, excluding the volume occupied
by the pipe.
SDLB8-2 Compaction testing
All testing of bedding compaction ordered by the Engineer that complies with the specification will be paid for by number. All tests that failed to meet the specified density will be to the Contractor's account.
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SDLK VALVE INSTALLATIONS. (SPEC LK)
SDLK3 Materials
SDLK3-1 Gate valves
The gate valves shall comply with the following, as applicable:
a) for working pressures up to 2,5 MPa and of diameter up to but not exceeding 300 mm gate valves shall be of cast iron and shall comply with the relevant requirements of SANS 664.
b) the outlet connection shall be flanged, spigot plain ended or socketed as billed.
c) the spindles shall be non-rising.
d) the spindles shall be fitted with cap tops unless otherwise billed.
e) the direction of closing shall be clockwise.
f) the valve design shall be such that the valve may be opened or closed against the maximum working differential pressure with an effort not exceeding 250 N on the handwheel or valve key in the case of valves up to 300 mm in diameter. In order to achieve this, gate valves shall be fitted with either plain or ball thrust bearing, spur gearing and close-machined channel guides and shoes as required.
g) all scour valves shall be the wedge gate type to the size and class as specified.
SDLK3-2 Pressure reducing valves
Pressure reducing valves shall comply with Subclauses 4.1.7 and 4.1.10 of SPEC LK, and shall be installed where shown on the drawings or ordered by the Engineer.
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C3.3.1 – LIST OF APPLICABLE SPECIFICATIONS
The following specifications are applicable to this Contract. 1. Procurement 1.1 All procurement shall proceed in accordance with the Employer’s Supply Chain Management System/Policy and Preferential Procurement Policy. 1.2 Although not bound in nor issued with this document, the following Targeted Construction Procurement resource standards, as amended in the Specification Data, form part of this document and the edition specified below shall apply: SANS 1914-5:2002 : Part 5: Participation of targeted labour 2. Management 2.1 Although not bound in nor issued with this document, the following standards, as amended in the Specification Data, form part of this document. SANS 1921 – 6 HIV/AIDS awareness
2.2 Although not bound in nor issued with this document, the following Standardized Specifications for Civil Engineering Construction, as amended in the Specification Data, form part of this document. (Notwithstanding Subclause 2.2 of SANS 1200 A, the edition specified below shall apply:) SANS 1200 A - 1986 : General SANS 1200 AB - 1986 : Engineer’s office 2.3 The following Standard and Particular Specifications, as bound in this document, and as amended in the Specification Data, shall apply:
Specification AO - Ver 2 : Occupational health and safety Specification EM - Ver 2 : Environmental management (comprehensive) Specification LK - Ver 2 : Valve installations
Specification RC - Ver 2 : Reservoir – Reinforced and Prestressed Concrete
Specification WB - Ver 2 : Fencing
3. Construction Although not bound in nor issued with this document, the following Standardized Specifications for Civil Engineering Construction, as amended in the Specification Data, form part of this document and, notwithstanding Subclause 2.2 of SANS 1200 A, the edition specified below shall apply: SANS 1200 C - 1980 (as amended 1982) : Site clearance SANS 1200 D - 1988 (as amended 1990) : Earthworks SANS 1200 DB - 1989 : Earthworks (pipe trenches) SANS 1200 DK - 1996 : Gabions and pitching SANS 1200 DM - 1981 : Earthworks (roads, subgrade) SANS 1200 G - 1982 : Concrete (structural) SANS 1200 L - 1983 : Medium-pressure pipelines SANS 1200 LB - 1983 : Bedding (pipes) SANS 1200 LG - 1983 : Pipe jacking SANS 1200 M - 1996 : Roads (general)
The following Standard and Particular Specifications, as bound in this document, and as amended in the Specification Data, shall apply:
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C3.3 - SPECIFICATION EM :
ENVIRONMENTAL MANAGEMENT (COMPREHENSIVE)
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SPECIFICATION EM : ENVIRONMENTAL MANAGEMENT (COMPREHENSIVE)
1. SCOPE
This Specification covers the requirements for controlling the impact of construction activities on the environment. It contains clauses that are generally applicable to the undertaking of civil engineering works in areas where it is necessary to impose pro-active controls on the extent to which the construction activities impact on the environment.
Interpretations and variations of this Specification are set out in the Specification Data.
2. NORMATIVE REFERENCES
2.1 Supporting specifications
Where this Specification is required for a project the following specifications shall, inter alia, form part of the Contract Document.
a) Specification Data;
b) SANS 1200 Series of Standardized Specifications;
i) SANS 1200 A or SANS 1200 AA, as applicable;
c) Specification AO,
d) Construction Regulations, 2003, and
e) Standards listed in Appendix A. 2
3. DEFINITIONS
For the purposes of this Specification the definitions and abbreviations given in the applicable specifications listed in 2.1 and the following definitions shall apply:
Environment : The surroundings within which humans exist and that are made up of:
i) the land, water and atmosphere of the earth;
ii) micro-organisms, plant and animal life;
iii) any part or combination of (i) and (ii) and the
interrelationships among and between them;
and
iv) the physical, chemical, aesthetic and cultural
properties and conditions of the foregoing that
influence human health and well-being.
Potentially hazardous
Substance : A substance that, in the reasonable opinion of the
Engineer, can have a deleterious effect on the
environment.
Method Statement : A written submission by the Contractor to the Engineer in response to the Specification or a request by the Engineer, setting out the plant, the Specifications. The Method Statement shall cover applicable details with regard to:
construction procedures, materials and equipment to be used,
transportation of equipment/materials to and from site, movement of equipment/material on site,
2 See Appendix A
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storage of materials on site, containment (or action to be taken if containment is not possible) of leaks or spills of any liquid or material that may occur,
timing and location of activities, areas of non- compliance with the Specifications, and any other information deemed necessary by the Engineer.
Reasonable : Unless the context indicates otherwise, reasonable in the opinion of the Engineer after he has consulted with a person, not an employee of the Employer, suitably experienced in "environmental implementation plans" and "environmental management plans" (both as defined in Act No 107,1998).
Solid waste : All solid waste, including construction debris, chemical waste, excess cement/concrete, wrapping materials, timber, tins and cans, drums, wire, nails, food and domestic waste (e.g. plastic packets and wrappers).
Contaminated water : Water contaminated by the Contractor's activities, e.g. concrete water and runoff from plant/ personnel wash areas.
Topmaterial : The top 150 mm of soil (topsoil) and root material of
cleared vegetation.
4. REQUIREMENTS
4.1 Materials
4.1.1 Materials handling, use and storage
The Contractor shall ensure that any delivery drivers are informed of all procedures and restrictions (including "no go" areas) required to comply with the Specifications. The Contractor shall ensure that these delivery drivers are supervised during off loading, by someone with an adequate understanding of the requirements of the Specifications.
Materials shall be appropriately secured to ensure safe passage between destinations. Loads including, but not limited to sand, stone chips, fine vegetation, refuse, paper and cement, shall have appropriate cover to prevent them spilling from the vehicle during transit. The Contractor shall be responsible for any clean-up resulting from the failure by his employees or suppliers to properly secure transported materials.
4.1.2 Hazardous substances
Procedures detailed in the Material Safety Data Sheets (MSDSs) shall be followed in the event of an emergency situation.
Petroleum, chemicals, harmful and hazardous waste shall be stored in an enclosed and bunded area. This area shall be subject to the approval of the Engineer. The waste shall be disposed of at a hazardous waste disposal site as approved by the Engineer.
4.1.2.1 Shutter oil and curing compound
Shutter oil and curing compound pose a risk of causing water and soil contamination and accordingly are regarded as potential hazardous substances. The Contractor shall ensure that shutter oil and curing compound containers in use are stored within the fuel bund. The remaining containers shall be inspected regularly to ensure that no leakage occurs. When
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shutter oil or curing compound is dispensed, the proper dispensing equipment shall be used, and the storage container shall not be tipped in order to dispense the oil/compound. The dispensing mechanism of the shutter oil/curing compound storage container shall be stored in a waterproof container when not in use.
Shutter oil and curing shall be used in moderation and shall be applied under controlled conditions using appropriate equipment. The Contractor shall take all reasonable precautions to prevent accidental and incidental spillage during the application of these compounds.
In the event of a shutter oil or curing compound spill, the source of the spillage shall be isolated, and the spillage contained. The Contractor shall clean up the spill, either by removing the contaminated soil or by the application of absorbent material in the event of a larger spill. Treatment and remediation of the spill area shall be undertaken to the reasonable satisfaction of the Engineer.
4.1.2.2 Bitumen
The Engineer shall be advised of the area that the Contractor intends using for the storage of bitumen drums/ products. The storage area shall have a smooth impermeable (concrete or 250 μm plastic covered in sand) floor. The floor shall be bunded and sloped towards a sump to contain any spillages of substances. The bund shall be inspected and emptied daily, and serviced when necessary. The bund shall be closely monitored during rain events to ensure that it does not overflow.
4.2 Plant
4.2.1 Ablution facilities
The Contractor shall ensure that no spillage occurs when the toilets are cleaned or emptied and that the contents are properly stored and removed from Site. Discharge of waste from toilets into the environment and burial of waste is strictly prohibited.
Washing, whether of the person or of personal effects and acts of excretion and urination are strictly prohibited other than at the facilities provided.
4.2.2 Solid waste management
The Contractor shall provide sufficient bins with lids on Site to store the solid waste produced on a daily basis. Solid, non-hazardous waste shall be disposed of in the bins provided and no on-site burying, dumping or burning of any waste materials, vegetation, litter or refuse shall occur. Bins shall not be allowed to become overfull and shall be emptied a minimum of once daily. The waste may be temporarily stored on Site in a central waste area that is weatherproof and scavenger-proof, and which the Engineer has approved.
All solid waste shall be disposed of off site at an approved landfill site. The Contractor shall supply the Engineer with a certificate of disposal.
4.2.3 Contaminated water
The Contractor shall set up a contaminated water management system, which shall include collection facilities to be used to prevent pollution, as well as suitable methods of disposal of contaminated water. The Contractor shall prevent the discharge of water contaminated with any pollutants, such as soaps, detergent, cements, concrete, lime, chemicals, glues, solvents, paints and fuels, into the environment.
The Contractor shall notify the Engineer immediately of any pollution incidents on Site. The Engineer’s approval is required prior to the discharge of contaminated water to the Municipal sewer system.
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4.2.4 Site structures
All site establishment components (as well as equipment) shall be positioned to limit visual intrusion on neighbours and the size of area disturbed. The type and colour of roofing and cladding materials to the Contractor's temporary structures shall be selected to reduce reflection.
4.2.5 Noise control
The applicable regulations framed under the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), and the provisions of SANS 1200 A Subclause 4.1 regarding "built-up areas" shall apply to all areas within audible distance of residents whether in urban, peri-urban or rural areas.
Appropriate directional and intensity settings are to be maintained on all hooters and sirens, and the Contractor shall provide and use suitable and effective silencing devices for pneumatic tools and other plant such that the noise level in inhabited areas and dwellings adjacent to the work areas will not increase by more than 7 dB(A)Leq 60 above residual background sound levels. Similarly in habituated areas adjacent to access roads maximum noise levels shall not exceed 60 dB(A)Leq 60 and maximum sound pressure level of 70 dB(A).
Where excess noise generation is unavoidable, the Contractor shall, by means of barriers, effectively isolate the source of any such noise in order to comply with the said regulations. The Contractor shall restrict any of his operations that may result in undue noise disturbance to those communities and dwellings abutting the Site to the hours of 08:00 to 17:00 on weekdays and Saturdays. No work will be permitted on Sundays unless otherwise agreed to with the Engineer.
No amplified music shall be allowed on Site. The use of radios, tape recorders, compact disc players, television sets etc shall not be permitted unless the volume is kept sufficiently low as to avoid any intrusion on members of the public within range. The Contractor shall not use sound amplification equipment on Site unless in emergency situations.
4.2.6 Lights
The Contractor shall ensure that any lighting installed on the site for his activities does not interfere with road traffic or cause a reasonably avoidable disturbance to the surrounding community or other users of the area.
4.2.7 Fuel (petrol and diesel) and oil
Unless otherwise specified in the Specification Data, fuel may be stored on site in an area approved by the Engineer. The Contractor shall ensure that all liquid fuels (petrol and diesel) are stored in tanks with lids, which are kept firmly shut or in bowsers. The tanks/bowsers shall be situated on a smooth impermeable surface (concrete or 250 μm plastic) with an earth bund (plastic must have a 5 cm layer of sand on top to prevent damage and perishing). The impermeable lining shall extend to the crest of the bund and the volume inside the bund shall be 130% of the total capacity of all the storage tanks/ bowsers. The bunded area shall be covered to protect it from rain. Provision shall be made for refuelling at the fuel storage area, by protecting the soil with 250 μm plastic covered with a minimum of a 5 cm layer of sand.
If fuel is dispensed from 200 litre drums, only empty externally clean drums may be stored on the bare ground. All empty externally dirty drums shall be stored on an area where the ground has been protected. The proper dispensing equipment shall be used, and the drum shall not be tipped in order to dispense fuel. The dispensing mechanism of the fuel storage drum shall be stored in a waterproof container when not in use.
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The Contractor shall prevent unauthorised access into the fuel storage area. No smoking shall be allowed within the vicinity of the fuel storage area. The Contractor shall ensure that there is adequate fire-fighting equipment at the fuel stores.
Where reasonably practical, plant shall be refuelled at the fuel storage area or at the workshop as applicable. If it is not reasonably practical then the surface under the refuelling area shall be protected against pollution to the reasonable satisfaction of the Engineer prior to any refuelling activities. The Contractor shall ensure that there is always a supply of absorbent material readily available to absorb/ breakdown and where possible be designed to encapsulate minor hydrocarbon spillage. The quantity of such materials shall be able to handle a minimum of
200 of hydrocarbon liquid spill. The Contractor shall obtain the Engineer’s prior approval for any refuelling or maintenance activities.
4.2.8 Workshop, equipment maintenance and storage
Leaking equipment shall be repaired immediately or removed from the Site. Where practical, all maintenance of equipment and vehicles on Site shall be performed off Site or in the workshop. If it is necessary to do maintenance outside of the workshop area, the Contractor shall obtain the approval of the Engineer prior to commencing activities. The Contractor shall ensure that in his workshop and other plant maintenance facilities, including those areas where, after obtaining the Engineer's approval, the Contractor carries out emergency plant maintenance, there is no contamination of the soil or vegetation. The workshop shall have a smooth impermeable (concrete or 250 μm plastic covered with sand) floor. The floor shall be bunded and sloped towards an oil trap or sump to contain any spillages of substances (e.g. oil).
When servicing equipment on site, drip trays shall be used to collect the waste oil and other lubricants. Drip trays shall also be provided in construction areas for stationary plant (such as compressors) and for "parked" plant (such as scrapers, loaders, vehicles). Drip trays shall be inspected and emptied daily. Drip trays shall be closely monitored during rain events to ensure that they do not overflow. Where practical, the Contractor shall ensure that equipment is covered so that rainwater is excluded from the drip trays.
The washing of equipment shall be restricted to urgent or preventative maintenance requirements only. All washing shall be undertaken off Site or in the workshop. The use of detergents for washing shall be restricted to low phosphate and nitrate containing, low sudsing-type detergents.
4.2.9 Dust
The Contractor shall take all reasonable measures to minimise the generation of dust as a result of construction activities to the satisfaction of the Engineer. The Contractor’s dust management planning shall, as a minimum, take cognisance of the following:
Schedule of spraying water on unpaved roads paying due attention to control of runoff.
Speed limits for vehicles on unpaved roads and minimisation of haul distances.
Measures to ensure that material loads are properly covered during transportation.
Schedule for wheel cleaning and measures to clean up public roads that may be soiled by construction vehicles.
Minimisation of the areas disturbed at any one time and protection of exposed soil against wind erosion, e.g. by dampening with water or covering with straw
Location and treatment of material stockpiles taking into consideration prevailing wind directions and location of sensitive receptors.
Controlled blasting techniques to minimise dust and fly rock during blasting.
Adherence to the dust loads and protective gear stipulated in the Occupational Health and Safety Act.
Reporting mechanism and action plan in case of excessive wind and dust conditions.
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During summer, a water tanker shall be permanently available for the control of dust generation, and the Contractor shall ensure that the sprays do not generate excess run off. During winter, provision shall be made for a tanker, as required by the Engineer.
During high wind conditions, the Contractor shall comply with the Engineer’s instructions regarding dust-damping measures. The Engineer may request the temporary cessation of all construction activities where wind speeds are unacceptably high, and until such time as wind speeds return to acceptable levels.
As required by the Specification Data, the Contractors shall develop and implement a programme for the monitoring of dust fallout in areas where dust generation may be expected.
4.3 Methods and procedures
4.3.1 Method Statements
Any Method Statement required by this Specification, the Specification Data or the Engineer shall be produced within such reasonable time as is required by this Specification, the Specification Data or the Engineer. The Contractor shall not commence the activity until the Method Statement has been approved. Except in the case of emergency activities, the Contractor shall allow a period of two weeks for approval of the Method Statement by the Engineer. Such approval shall not unreasonably be withheld.
Method Statements in respect of environment management that shall be provided by the Contractor within 14 days of receipt of the letter of acceptance and prior to the activity covered by the Method Statement being undertaken, include:
1) Location and structure of the fuel storage site, including the type and volume of storage container and the design and capacity of the bund.
2) Solid waste (refuse) control and removal of waste from the Site, including the number, type and location of rubbish bins, the manner and frequency with which the waste will be removed from site and the disposal site.
3) Contaminated water management system, including an indication of the source and volume of contaminated water and how this would be disposed of.
4) Dust control, including methods to prevent dust generation and methods to reduce dust where its generation is unavoidable.
5) Location and layout of the construction camp in the form of a plan showing offices, stores for fuels and explosives, vehicle parking, access point, equipment cleaning areas and staff toilet placement.
6) Location of proposed site access routes and proposed traffic safety measures.
7) Emergency procedures for fire, and accidental leaks and spillages of hazardous materials.
8) Location, layout and preparation of cement/ concrete batching facilities including the methods employed for the mixing of concrete and the management of runoff water from such areas. An indication shall be given of how concrete spoil will be minimised and cleared.
9) Method of undertaking earthworks, including spoil management, erosion, dust and noise controls.
10) Motivation and method for undertaking any construction related activities within a “no-go” area, including requisite emergency procedures. Unless need clearly
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motivated and proposed methodology exhibits clear focus on environmentally sensitive construction practice, no activity will be permitted within the defined “no-go” areas.
4.3.2 Environmental awareness training
Within seven days of the Commencement Date, the Contractor's site staff including foremen and site management staff shall attend an environmental awareness training course, of approximately one-hour duration. The Contractor shall liaise with the Engineer prior to the Commencement Date to fix a date and venue for the course. The Contractor shall provide a suitable venue with facilities as required by the Specification Data, and ensure that the specified employees attend the course.
No more than 20 people shall attend each course and the Contractor shall allow for sufficient sessions to train all personnel. Subsequent sessions shall be run for any new personnel coming onto site.
The environmental awareness training course shall be held in the morning during normal working hours. Any new employees coming on to site after the initial training course and the Contractor’s suppliers and subcontractors shall also attend the course. Provision should also be made for quarterly refreshers courses to be undertaken during the course of the Contract. The Contractor shall ensure that all attendees sign an attendance register, and shall provide the Engineer with a copy of the attendance register the day after each course.
4.3.3 Construction personnel information posters
The Contractor shall erect and maintain information posters for the information of his employees depicting actions to be taken to ensure compliance with aspects of the Specifications. Such posters will be supplied by the Engineer and shall be erected at a location specified by the Engineer.
4.3.4 Site clearance
The Contractor shall ensure that the clearance of vegetation is restricted to that required to facilitate the execution of the Works. Site clearance shall occur in a planned manner, and cleared areas shall be stabilised as soon as possible. The detail of vegetation clearing shall be to the Engineer’s approval. All cleared vegetation shall either be mulched and mixed into the topsoil stockpiles or disposed of at an approved disposal site. The disposal of vegetation by burying or burning is prohibited without the requisite permit from the local authority.
The Contractor shall strip the Topmaterial within the working areas. The Topmaterial shall be stockpiled separately from subsoil and used for subsequent rehabilitation and revegetation. Topmaterial stockpiles shall not be compacted.
Should fauna be encountered during site clearance, earthworks shall cease until fauna have been safely relocated.
4.3.5 Site division
The Engineer shall be advised of the area that the Contractor intends using for his site establishment. The Contractor’s camp shall occupy as small an area as possible, and no site establishment shall be allowed within 50 m of any watercourse unless otherwise approved by the Engineer.
The Contractor shall inform the Engineer of the intended actions and programme for site establishment. The site layout shall be planned to facilitate ready access for deliveries, facilitate future works and to curtail any disturbance or security implications for neighbours.
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4.3.6 Site demarcation
As required by the Specification Data, the Contractor shall erect and maintain permanent and/or temporary fences of the type and in the locations directed by the Engineer. Such fences shall, if so specified, be erected before undertaking designated activities.
4.3.7 "No go" areas
If so required by the Specification Data, certain areas shall be considered "no go" areas. The Contractor shall ensure that, insofar as he has the authority, no unauthorised entry, stockpiling, dumping or storage of equipment or materials shall be allowed within the demarcated “no go” areas.
“No go” areas shall be demarcated with fencing consisting of wooden or metal posts at 3 m centres with 1 plain wire strand tensioned horizontally at 900 mm from ground level. Commercially available danger tape shall be wrapped around the wire strand. The Contractor shall maintain the fence for the duration of construction and ensure that the danger tape does not become dislodged.
4.3.8 Protection of natural features
The Contractor shall not deface, paint, damage or mark any natural features (e.g. rock formations) situated in or around the Site for survey or other purposes unless agreed beforehand with the Engineer. Any features affected by the Contractor in contravention of this clause shall be restored/ rehabilitated to the satisfaction of the Engineer.
The Contractor shall not permit his employees to make use of any natural water sources (e.g. springs, streams, open water bodies) for the purposes of swimming, personal washing and the washing of machinery or clothes.
4.3.9 Protection of flora and fauna
Except to the extent necessary for the carrying out of the Works, flora shall not be removed, damaged or disturbed nor shall any vegetation be planted without authorisation.
Trapping, poisoning and/ or shooting of animals is strictly forbidden. No domestic pets or livestock are permitted on Site.
Where the use of herbicides, pesticides and other poisonous substances has been specified, they shall be stored, handled and applied with due regard to their potential harmful effects.
4.3.10 Protection of archaeological and palaeontological remains
The Contractor shall take reasonable precautions to prevent any person from removing or damaging any fossils, coins, articles of value or antiquity and structures and other remains of archaeological interest discovered on the Site, immediately upon discovery thereof and before removal. The Contractor shall inform the Engineer immediately of such a discovery and carry out the Engineers instructions for dealing therewith. All construction within the vicinity of the discovery shall cease immediately and the area shall be cordoned off until such time as the Engineer authorises resumption of construction in writing.
The Engineer will contact the relevant heritage authority.
4.3.11 Access routes / haul roads
Access to the Construction camp and working areas shall utilise existing roads or tracks. Entry/exit points onto public roads shall take cognisance of traffic safety. Traffic safety measures shall included appropriate signage and signalmen where relevant.
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On the Site, and, if so required by the Specification Data, within such distance of the Site as may be stated, the Contractor shall control the movement of all vehicles and plant including that of his suppliers so that they remain on designated routes, are distributed so as not to cause an undue concentration of traffic and that all relevant laws are complied with. In addition such vehicles and plant shall be so routed and operated as to minimise disruption to regular users of the routes not on the Site. On gravel or earth roads on Site and within 500 m of the Site, the vehicles of the Contractor and his suppliers shall not exceed a speed of 20 km/h.
Mud and sand deposited onto public roads by construction activities shall be cleared on a daily basis.
4.3.12 Cement and concrete batching
Where applicable, the location of the batching plant (including the location of cement stores, sand and aggregate stockpiles) shall be as approved by the Engineer. The concrete/cement batching plant shall be kept neat and clean at all times.
No batching activities shall occur directly on unprotected ground. The batching plant shall be located on a smooth impermeable surface (concrete or 250 μm plastic covered with 5 cm of sand). The area shall be bunded and sloped towards a sump to contain spillages of substances. All wastewater resulting from batching of concrete shall be disposed of via the contaminated water management system and shall not be discharged into the environment. Contaminated water storage areas shall not be allowed to overflow and appropriate protection from rain and flooding shall be implemented
Empty cement bags shall be stored in weatherproof containers to prevent wind blown cement dust and water contamination. Empty cement bags shall be disposed of on a regular basis via the solid waste management system, and shall not be used for any other purpose. Unused cement bags shall be stored so as not to be affected by rain or runoff events. In this regard, closed steel containers shall be used for the storage of cement powder and any additives. The Contractor shall ensure that sand, aggregate, cement or additives used during the mixing process are contained and covered to prevent contamination of the surrounding environment.
The Contractor shall take all reasonable measures to prevent the spillage of cement/ concrete during batching and construction operations. During pouring, the soil surface shall be protected using plastic and all visible remains of concrete shall be physically removed on completion of the cement/ concrete pour and appropriately disposed of. All spoiled and excess aggregate/ cement/ concrete shall be removed and disposed of via the solid waste management system.
Where “readymix” concrete is used, the Contractor shall ensure that the delivery vehicles do not wash their chutes directly onto the ground. Any spillage resulting from the “readymix” delivery shall be immediately cleared and disposed of via the solid waste management system.
4.3.13 Earthworks
All earthworks shall be undertaken in such a manner so as to minimise the extent of any impacts caused by such activities, particularly with regards to erosion and dust generation. No equipment associated with earthworks shall be allowed outside of the Site and defined access routes unless expressly permitted by the Engineer.
4.3.14 Pumping
Pumps shall be placed over a drip tray in order to contain fuel spills and leaks. The Contractor shall take all reasonable precautions to prevent spillage during the refuelling of these pumps.
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The Contractor shall ensure that none of the water pumped during any dewatering activities, including well points, is released into the environment without the Engineer’s approval. The Engineer’s approval is required prior to the discharge of this water into the Municipal sewer system.
4.3.15 Bitumen
Over spray of bitumen products outside of the road surface and onto roadside vegetation or the surrounding environment shall be prevented using a method approved by the Engineer.
When heating bitumen products, the Contractor shall take cognisance of appropriate fire risk controls. Heating of bitumen products shall only be undertaken using LPG or similar zero emission fuels and appropriate fire fighting equipment shall be readily available.
Stone chip/gravel excess shall not be left on road / paved area verges. This shall be swept / raked into piles and removed to an area approved by the Engineer.
Water quality from runoff from new/ fresh bitumen surfaces will be monitored visually by the Engineer and remedial actions taken where necessary by the Contractor.
4.3.16 Fire control
No fires may be lit on site. Any fires that occur shall be reported to the Engineer immediately. Smoking shall not be permitted in those areas where it is a fire hazard. Such areas shall include the workshop and fuel storage areas and any areas where the vegetation or other material is such as to make liable the rapid spread of an initial flame. In terms of the Atmospheric Pollution Prevention Act (No. 45 of 1965), burning is not permitted as a disposal method.
The Contractor shall ensure that there is basic fire-fighting equipment available on Site at all times. This shall include at least rubber beaters when working in urban open spaces and fynbos areas, and at least one fire extinguisher of the appropriate type when welding or other “hot” activities are undertaken.
4.3.17 Emergency procedures
The Contractor’s procedures for the following emergencies shall include:
i) Fire
The Contractor shall advise the relevant authority of a fire as soon as one starts and shall not wait until he can no longer control it. The Contractor shall ensure that his employees are aware of the procedure to be followed in the event of a fire.
ii) Accidental leaks and spillages
The Contractor shall ensure that his employees are aware of the emergency procedure(s) to be followed for dealing with spills and leaks, which shall include notifying the Engineer and the relevant authorities. The Contractor shall ensure that the necessary materials and equipment for dealing with spills and leaks is available on Site at all times. Treatment and remediation of the spill areas shall be undertaken to the reasonable satisfaction of the Engineer.
In the event of a hydrocarbon spill, the source of the spillage shall be isolated, and the spillage contained. The area shall be cordoned off and secured. The Contractor shall ensure that there is always a supply of absorbent material readily available to absorb/ breakdown and where possible be designed to encapsulate minor hydrocarbon spillage. The quantity of such materials shall be able to handle a minimum of 200 ℓ of hydrocarbon liquid spill.
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4.3.18 Community relations
The Contractor shall erect and maintain information boards in the position, quantity, design and dimensions specified. Such boards shall include contact details for complaints by members of the public in accordance with details provided by the Engineer.
The Contractor shall keep a "Complaints Register" on Site. The Register shall contain all contact details of the person who made the complaint, and information regarding the complaint itself.
4.3.19 Erosion and sedimentation control
The Contractor shall take all reasonable measures to limit erosion and sedimentation due to the construction activities. Where erosion and/or sedimentation, whether on or off the Site, occurs despite the Contractor complying with the foregoing, rectification shall be carried out in accordance with details specified by the Engineer. Where erosion and/or sedimentation occur due to the fault of the Contractor, rectification shall be carried out to the reasonable requirements of the Engineer.
Any runnels or erosion channels developed during construction or during the defects liability period shall be backfilled and compacted. Stabilisation of cleared areas to prevent and control erosion shall be actively managed. Consideration and provision shall be made for various methods, namely, brushcut packing, mulch or chip cover, straw stabilising (at a rate of one bale/ 20 m2 and rotovated into the top 100 mm of the completed earthworks), watering, soil binders and anti erosion compounds, mechanical cover or packing structures (e.g. Hessian cover).
Traffic and movement over stabilised areas shall be restricted and controlled, and damage to stabilised area shall be repaired and maintained to the satisfaction of the Engineer.
4.3.20 Aesthetics
The Contractor shall take reasonable measures to ensure that construction activities do not have an unreasonable impact on the aesthetics of the area.
4.3.21 Recreation
If so required by the Specification Data, the Contractor shall take measures to reduce disruption to recreational users of the area abutting the Site.
4.3.22 Access to site
The Contractor shall ensure that access to the Site and associated infrastructure and equipment is off-limits to the public at all times during construction. If so required, as directed by the Engineer, the Contractor shall fence the site to ensure effective control of access to the site. This fence shall be a diamond mesh fence or similar with a minimum height of 1.8 m, and it shall be erected around the site and shall be maintained for the duration of construction.
4.3.23 Crane operations
Drive plants shall be well maintained and drip trays shall be positioned at potential leak areas. Over-greasing of crane cables shall be avoided.
Movement and lifting of hazardous materials shall be undertaken such that they do not cause a pollution, spillage or safety risk (in particular were concrete buckets are in use).
4.3.24 Trenching
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Trenching for services shall be undertaken in accordance with the engineering specifications with the following environmental amplifications, where applicable:
a) Soil shall be excavated and used for refilling trenches i.e. soil from the first trench shall be excavated and stockpiled, thereafter soil from the second excavated trench length shall be used to backfill the trench behind it once the services have been laid. The last trench shall be filled using the soil stockpiled from the first trench.
b) Trench lengths shall be kept as short as practically possible before backfilling and compacting.
c) Trenches shall be re-filled to the same level as (or slightly higher to allow for settlement) the surrounding land surface to minimise erosion.
4.3.25 Demolition
Hazardous and non-hazardous materials shall be separated at site and disposed of in a manner approved by the Engineer.
All buildings older than 60 years require a permit from South African Heritage Resources Agency in terms of the National Heritage Resources Act (no. 25 of 1999). A demolition permit is also required from the local authority in terms of the National Building Regulations.
4.3.26 Drilling and jack hammering
The Contractor shall take all reasonable measures to limit dust generation and noise as a result of drilling operations. The Contractor shall ensure that no pollution results from drilling operations, either as a result of oil and fuel drips, or from drilling fluid.
Any areas or structures damaged by the drilling and associated activities shall be rehabilitated by the Contractor to the satisfaction of the Engineer.
4.3.27 Stockpiling
The Engineer will identify suitable sites for stockpiling. Stockpiles shall be convex in shape, shall be no higher than 2 m and shall be located so as to cause minimal disturbance. Stockpiles shall be so placed to occupy minimum width compatible with the natural angel of repose of material, and measures shall be taken to prevent the material from being spread over too wide a surface. Where required, appropriate precautions shall be taken to prevent the erosion and limit the compaction of the stockpiles. The Contractor shall ensure that all stockpiles do not cause the damming of water or run off, or is itself washed away.
Topmaterial stockpiles shall not be covered with any material (e.g. plastic) that may kill seeds or cause it to compost. If the stockpiles start to erode significantly or cause dust problems, they shall be covered with hessian. Where practical, Topmaterial shall not be left for longer than six to eight months before being used for rehabilitation. If stored for longer than six months, the Topmaterial shall be analysed and, if necessary, upgraded before placement.
4.3.28 Site closure and rehabilitation
Any areas that the Engineer believes may have been impacted upon or disturbed, shall be rehabilitated to the satisfaction of the Engineer, which includes all areas where Topmaterial has been stripped. Once construction is complete the Contractor shall clear everything from the Site not forming part of the Permanent Works. The area to be rehabilitated shall first be landscaped to match the topography of the surrounding area as it was prior to construction. The composition of vegetation to be used for any rehabilitation shall be as specified in the Specification Data.
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The Contractor may not use herbicides, pesticides, fertilisers or other poisonous substances for the rehabilitation process unless otherwise agreed with the Engineer.
All rehabilitated areas shall be considered “no go” areas and the Contractor shall ensure that none of his staff or equipment enters these areas.
The Contractor shall undertake to remove all alien vegetation re-establishing on the area and shall implement the necessary temporary or permanent measures to combat soil erosion.
4.3.29 Temporary revegetation of the areas disturbed by construction.
Where there is likely to be a delay of greater than two weeks in the landscaping and revegetation of a disturbed area or where that site is likely to be the subject of further construction activities at a later stage, the Contractor shall ensure that the area is temporarily revegetated to combat dust generation and prevent erosion. This revegetation shall occur incrementally immediately upon completion of the construction activities at the subject location.
Prior to revegetation structures and material not forming part of the Permanent Works, including remnants of building materials, concrete foundations, timber and other foreign debris, shall be removed and disposed of via the solid waste management system. The area shall be revegetated as follows:
a) The surface shall be levelled by hand or machine as far as practically possible.
b) Alien vegetation shall be cleared by cutting the plants off at ground level, and painting the stump with 0.5% Garlon in diesel.
c) For areas with a slope of greater than 1:3, straw shall be utilised as a binding material to stabilise the soil during revegetation and rehabilitation of the site. Straw shall consist of natural, dried fibres of hay or chaff of various lengths between 50 mm and 400 mm, delivered to Site in bales and shall be applied evenly by hand or machine at a rate of 1 bale per 20 m
2 over the area to be revegetated. It shall then
immediately be rotovated into the upper 100 mm layer of soil.
d) The prepared area shall be hydro- or hand-seeded at a rate of 40 kg/ha using Rye grass (Lolium multiflorum). In the event of hand-seeding, the seed mixture as specified shall be mixed with two parts per volume of clean dry plaster sand, then divided in half and applied evenly in two successive applications, one after the other, by means of an approved hand seeding machine (known colloquially as a “tefsaaier”). On completion of the seeding the surface shall be lightly raked to cover the seed with no more than 5 mm of soil.
e) Water used for the irrigation of vegetated areas shall be free of pollutants that will have a detrimental effect on the plants. The vegetated area shall only be watered once, immediately following seeding. Watering should be carried out from a tanker, using a fine nozzle spray to avoid erosion and disturbance of the vegetation. Water for irrigation purposes may not be drawn from any water body.
No construction equipment, vehicles or unauthorised personnel shall be allowed onto areas that have been vegetated. Only persons or equipment required for the preparation of areas, application of fertiliser and maintenance of revegetated area shall be allowed to operate on these areas.
4.3.30 Temporary site closure
If the site is closed for a period exceeding one week, the Contractor, in consultation with the Engineer shall carry out the following checklist procedure.
Hazardous materials stores
Outlet secure / locked
Bund empty (where applicable)
Fire extinguishers serviced and accessible
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Secure area from accidental damage e.g. vehicle collision
Emergency and contact details displayed
Adequate ventilation
Safety
All trenches and manholes secured
Fencing and barriers in place as per the Occupational Health and Safety Act (No 85 of 1193)
Emergency and management contact details displayed
Pipe stockpile wedged/ secured
Erosion
Wind and dust mitigation in place
Slopes and stockpiles at stable angle
Revegetated areas watering schedules and supply secured
Water contamination and pollution
Cement and materials stores secured
Toilets empty and secured
Refuse bins empty and secured
Drip trays empty and secure (where possible)
Structures vulnerable to high winds secure
5. COMPLIANCE WITH REQUIREMENTS AND PENALTIES
5.1 Compliance
Environmental management is concerned not only with the final results of the Contractor's operations to carry out the Works but also with the control of how those operations are carried out. Tolerance with respect to environmental matters applies not only to the finished product but also to the standard of the day-to-day operations required to complete the Works.
It is thus required that the Contractor shall comply with the environmental requirements on an ongoing basis and any failure on his part to do so will entitle the Engineer to certify the imposition of a penalty as detailed below.
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5.2 Penalties
Penalties will be issued for certain transgressions. Penalties may be issued per incident at the discretion of the Engineer. Such penalties will be issued in addition to any remedial costs incurred as a result of non-compliance with this Specification. The Engineer will inform the Contractor of the contravention and the amount of the penalty, and shall be entitled to deduct the amount from monies due under the Contract.
Penalties will be as set out in the Specification Data.
5.3 Removal from site and suspension of Works
The Engineer may instruct the Contractor to remove from Site any person(s) who in their opinion is guilty of misconduct, or is incompetent, negligent or constitutes an undesirable presence on Site. Subclause 4.1.9 of this Specification requires that all Plant be in good working order, and accordingly the Engineer may order that any Plant not complying with the Specifications be removed from Site. Where the Engineer deems the Contractor to be in breach of any of the requirements of this Specification, he may order the Contractor to suspend the progress of the Works or any part thereof.
6. Void
7. Void
8. MEASUREMENT AND PAYMENT
8.1 Basic principles 8.1.1 General
Except as specified below, or in the Specification Data or as billed, no separate measurement and payment will be made to cover the costs of complying with the provisions of this Specification and such costs shall be deemed to be covered by the rates tendered for the items in the Bill of Quantities completed by the Contractor when submitting his tender.
8.1.2 All requirements of the environmental management specification All work not measured elsewhere, associated with complying with any requirement of this Environmental Management specification will be measured and paid as a sum.
The tendered sum shall cover the cost of with complying with the environmental management specification and shall include for all materials, labour and plant required to execute and complete the Works as specified, described in the Bill of Quantities or shown on the Drawing(s).
8.1.3 Work "required by the Specification Data"
Where a clause in this Specification includes a requirement as "required by the Specification Data", measurement and payment for compliance with that requirement shall be in accordance with the relevant measurement and payment clause of the Specification Data.
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8.2 Billed items 8.2.1 Method Statements: Additional work
No separate measurement and payment will be made for the provision of Method Statements but, where the Engineer requires a change on the basis of his opinion that the proposal may result in, or carries a greater than warranted risk of damage to the environment in excess of that warranted by the Specifications, then any additional work required, provided it could not reasonably have been foreseen by an experienced contractor, shall be valued in accordance with the Clause in the General Conditions of Contract dealing with Provisional Sums.
A stated sum is provided in the Bill of Quantities to cover payment for such additional work.
8.2.2 All requirements of the environmental management specification Unit: ..................................................................................................................................... Sum
All other work not measured elsewhere, associated with complying with any requirement of the environmental management specification shall be measured as a sum.
The tendered rate shall cover any cost associated with complying with the environmental management specification and shall include for all materials, labour and plant required to execute and complete the work as specified, described in the Bill of Quantities or shown on the drawing(s).
---o0o--- APPENDIX A : APPLICABLE STANDARDS
Reference is made to the latest issues of the following standards:
SANS 1200 A General
SANS 1200 AA General (small works)
Specification AO Occupational Health and Safety
Construction Regulations, 2014
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C3.3 - SPECIFICATION AO:
HEALTH & SAFETY SPECIFICATIONS
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Section Title
1 Introduction
2 Purpose
3 Application
4 Definitions
5 Compliance
6 Site rules for contractors
6.1 Rules of conduct
7 Responsibilities of Contractors for construction work
7.1 Notification of construction work
7.2 Duties of Principal Contractors
7.3 Contractor’s responsibilities, including Sub-Contractors
7.4 Legal appointments
8 Documentation and procedures
9 Application of COIDA and OHSA to construction work
9.1 Compensation for Occupational Injuries and Diseases Act
9.2 Occupational health and safety policy
9.3 Health and Safety Training and competency
9.4 Hazards and Potentially Hazardous Situations
9.5 Health and Safety Reps
9.6 Health and Safety Committee
9.7 General Documents / Record Keeping
9.8 Incident management and emergency plans
9.9 Contractors and Suppliers
9.10 PPE, Intoxication, Signage, Access Control
9.11 Ladders
9.12 Pressure Equipment - Pressure Vessels (Gas Bottles)
9.13 Portable Electrical Equipment
9.14 Permit to work (including hot work)
9.15 Work in confined spaces
9.16 Environmental Rules
9.17 Monitoring and Review
10 Application of the Construction Regulations, 2014
10.1 Risk assessment for construction work (CR 9)
10.2 Fall protection (CR 10)
10.3 Structures (CR 11)
10.4 Temporary works (CR 12)
10.5 Excavation (CR 13)
10.6 Demolition work (CR 14)
10.7 Tunnelling (CR 15)
10.8 Scaffolding (CR 16)
10.9 Suspended platforms (CR 17)
10.10 Rope access work (CR 18)
10.11 Material hoists (CR 19)
10.12 Bulk mixing plant (CR 20)
10.13 Explosive actuated fastening device (CR 21)
10.14 Lifting machines and lifting tackle (DMR 18)
10.15 Construction vehicles and mobile plant (CR 23)
10.16 Electrical installations and machinery on construction sites (CR 24)
10.17 Use and temporary storage of flammable liquids on construction sites (CR 25)
10.18 Water environments (CR 26)
10.19 Housekeeping and general safeguarding on construction sites (CR
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27)
10.20 Stacking and storage on construction sites (CR 28)
10.21 Fire precautions on construction sites (CR 29)
10.22 Construction employee’s facilities (CR 30)
11 Site-Specific and Design Risks
11.1 Hazard Identification & Risk Assessment Methodology
11.1.1 Baseline Risk Assessment
11.1.2 Task Risk Assessment
12 Cost schedule
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1. Introduction This Health and Safety Specification has been prepared in terms of the Client’s responsibility [Construction Regulation 5 (1) (b)] to provide the Principal Contractor and Contractors with a documented Specification of all Health and Safety requirements pertaining to the associated works on the proposed construction site/s, so as to ensure the Health and Safety of all persons affected by the construction activities. This Health and Safety Specification highlights, but in no way replaces, the legal requirements that the Principal Contractor and Contractors are bound to comply with in terms of the contract.
The client has made provisions in the tender for the Principal Contractor to price for the cost of Health and Safety Measures before and during the construction process [Construction Regulation 5 (1)(g)]. The Principal Contractor, in turn, needs to make the same provision when Contractors (Sub-contractors) tender or quote on work [Construction Regulation 7 (1) (c) (ii)].
The Principal Contractor and Contractors are required to prepare a Health and Safety Plan based on the Client’s Health and Safety Specification including other legal requirements applicable to their business, which shall be applicable from the date of commencement of and for the duration of the work [Construction Regulation 7 (1)(a)]. This documented plan must be based on a Hazard Identification and Risk Assessment (HIRA) which will serve to identify the hazards, and their associated risks, anticipated for the scope of works [Construction Regulation 9].
Principal Contractors tendering must provide the Client with an appropriate Preliminary Health and Safety Plan (including a Preliminary Hazard Identification and Risk Assessment) as in Construction Regulation 7 and 9. This Plan must be submitted with the tender.
2. Purpose The purpose of the Health & Safety Specification is to provide the Principal Contractor and Contractor’s tendering for the proposed construction work, and/or appointed for the above mentioned construction work with the necessary detail of all the health and safety requirements pertaining to the associated scope of works, so as to enable the Principal Contractor and Contractors to develop their Health and Safety Plans to be implemented on site with a purpose of ensuring the health and safety of all persons, property, equipment and other persons that may be affected by construction activities.
3. Application The H&S Specification contains clauses that are applicable to occupational health and safety in construction and the document is intended to impose pro-active controls associated with the activities, plant & machinery and other aspects of the proposed construction work that impact on health and safety of persons, by means of a documented H&S Plan prepared by the Principal Contractor and Contractors. Compliance to the requirements of the OHS Act and relevant legislation is in addition to the requirements of the H&S Specification and forms part of the Principal Contractor’s and Contractor’s responsibility. The Client and Client’s Agent will monitor the Principal Contractor to ensure that the Principal Contractor and Contractors comply with the requirements of the OHS Act & other legal requirements, and will not prescribe to the Principal Contractor how such compliance is to be achieved.
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4. Definitions
The following definitions apply.
For the purpose of the General Health and Safety Specification, the abbreviations or definitions given hereunder shall apply:
“CR” refers to the Construction Regulations, 2014
“GHSS” refers to this document (the General Health & Safety Specification) including any
project - specific annexures that the engineers and designers could attach.
“OHSA” refers to the Occupational Health &Safety Act of 1993
“S” refers to a Section in the Occupational Health & Safety Act of 1993
“H&S” refers to Health and Safety
“Client” Alfred Nzo District Municipality
Incident: means any unplanned event that causes, or has the potential to cause, an injury or illness and/or damage to equipment, buildings, plant or the natural environment. Incidents range from near-miss incidents to serious incidents and emergencies.
“Near Miss” means an incident which has the potential to cause an injury or illness or damage to company property.
“Regulations” means, specifically, the Construction Regulations, 2014 as issued on 7
February 2014, under the Occupational Health & Safety Act of 1993, but not excluding the other applicable
regulations existing under the Act.
“Site” means the lands and other places, made available by the Municipality or the Client for the purposes of the Contract, on under over in or through which the construction work is to be executed or carried out. “Principal Contractor” and “Contractor” shall be as defined in the Regulations. Construction Work [CR 1]: Means any work in connection with – a) The erection, maintenance, alteration, renovation, repair, demolition or dismantling of
or an addition to a building or any similar structure; b) The installation, erection, dismantling or maintenance of a fixed plant where such work
includes the risk of a person falling; c) The construction, maintenance, demolition or dismantling of any bridge, dam, canal,
road, railway, runway, sewer or water reticulation system or any similar civil engineering structure; or
d) The moving of earth, clearing of land or making of an excavation or work on any similar type of work.
Hazard Identification, Risk Assessment and Risk Control (HIRA) Means a documented plan, which identifies hazards, assesses the risks and detailing the control measures and safe working procedures, which are to be used to mitigate and control the occurrence of hazards and risks during construction or operation phases.
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Site Means the area in the possession of the Contractor for the construction of the works. Where there is no demarcated boundary it will include all adjacent areas, which are reasonably required for the activities for the Contractor, and approved for such use by the client. Hazard Means a source of or exposure to danger (source which may cause injury or damage to
persons or property) Risk Means the probability or likelihood that a hazard can result in injury or damage. Construction Manager [CR 8(1)] Means a full time, competent employee appointed in writing by the Contractor to supervise construction work. The appointment, as required by the OHSA, shall stipulate health and safety responsibilities, area of responsibility and the proposed duration of the project. Hazardous Chemical Substance (HCS) Means any toxic, harmful, corrosive, irritant or asphyxiant substance, or a mixture or substances for which an occupational exposure limit is prescribed, or an occupational exposure limit is not prescribed, but which creates a hazard to health. Construction Plant Encompasses all types of plant including but not limiting to, cranes, piling frames, boring machines, excavators, dewatering equipment and road vehicles with or without lifting equipment. Contractor [CR 1] Means an employer [OHSA 1] who performs construction work and includes principal contractors and sub-contractors. Health and Safety Plan (HSP) [CR 1] Means a documented plan, which addresses hazards identified and includes safe work procedures to mitigate, reduce or control the hazards identified. The plan shall be applied from the date of commencement of and for the duration of construction work [CR 5(1)] Health and Safety File (HSF) [CR 1] The file holding all documentation and records on health and safety for the project, which shall be available at all, times for evaluation, and a copy of which will be forwarded to the client upon completion of the project. Disabling Injury Frequency Rate (DIFR) The number of disabling injuries (DI’s) multiplied by a constant (man hours relative to period worked) divided by total man hours worked over a rolling period (usually 12 months, but can be less) Disabling Injury Severity Rate (DISR) The number of days lost due to DI’s multiplied by a constant (man hours relative to period worked) divided by total man hours worked over a rolling period (usually 12 months, but can be less) Confined Space
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An enclosed, restricted or limited space in which, because of its construction, location or contents, or any work carried on therein, a hazardous substance may accumulate or an oxygen deficient atmosphere may occur, and includes any chamber, tunnel, pipe, pit, sewer, container, valve, machinery or object in which a dangerous liquid or dangerous concentration of gas, vapour, dust or fumes may be present
5. Compliance
5.1 The Principal Contractor and other contractors must establish, implement and maintain a system for identifying and accessing the legal and other health and safety requirements that are applicable to their organisation.
5.2 The Principal Contractor and other contractors shall ensure that these applicable legal and other requirements to which their organisation subscribes are complied with when establishing, implementing and maintaining their system, and when doing their construction activities. legal requirements referred to are legal requirements such as a) Occupational Health and Safety Act, number 85 of 1993 and its regulations as
amended, b) Compensation for Occupational Diseases Act, number 61 of 1997 c) Including all legal and other requirements to which the organisation subscribes.
5.3 All information regarding legal and other requirements must be kept up to date all the time.
5.4 The Principal Contractor and other contractors must communicate relevant information on legal and other requirements to all stakeholders.
6. Site Rules for Contractors
The site rule for contractors is the minimum standard with regard to specifications for construction work on this site. Contractors may have existing standards for each specific trade, but where conflict may arise between the contractor’s standards and these Site Rules for contractors, the more stringent shall apply.
6.1. Rules of Conduct Contractors and all employees under their control, including any visitors brought onto site must adhere to the following Rules of Conduct on Site: Conduct Not Permitted:-
No persons shall partake of, possess or sell drugs or alcoholic beverages on
Site. Any employee or visitor whose actions and demeanour show symptoms
of possible narcosis or drunkenness shall be removed from site.
Indulge in practical jokes, horseplay, fighting or gambling.
Make use of water from fire hydrants
Destroy or tamper with safety devices, symbolic signs or wilfully and
unnecessarily discharge fire extinguishers.
Bring onto site or have in your possession of a firearm, lethal weapon, camera,
or any other recording device, unless authorised to do so.
Assault, intimidate or abuse any other person.
Operate construction equipment (vehicles or plant) without the necessary
training/competency and authorisation.
Display insubordination toward any supervisor, foreman or manager in respect
to carrying out of properly issued instructions or orders for health and safety
reasons.
Enter into any areas where you have no business unless authorised to do so
by the person in charge
Negligently, carelessly or wilfully cause damage to property.
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Refuse to give evidence or deliberately make false statements during
investigations
Bring animals onto site.
Insubordination towards any foreman, supervisor or manager could lead to removal from site and/or dismissal and/or prosecution. Except insofar as the principles of common law, or conditions as determined by any relevant statutes are concerned, the decision of the Client or his Agent shall be final and binding in respect of any disputes that may arise from the interpretation of these rules.
7. Responsibilities of Contractors for Construction Work 7.1. Notification of Construction Work [CR 4]
Before construction work commences, the contractor shall notify the Provincial Director of the Department of Labour in writing if the construction work shall:-
Include excavation work
Include working at height
Include demolition of a structure
Include the use of explosives to perform construction work
The notification and submission to the local Department of Labour must be done on an Annexure 2 and a copy of the completed form kept in the health and safety file for inspection by an inspector, the client or an employee.
7.2. Duties of Principal Contractor’s [CR 7]
The contractor must:- 7.2.1. Compile a suitable, sufficient, and coherent site specific health and safety plan [CR 7(1a) 7.2.2. Keep on site a Health and Safety File with all required documents (CR 7 1b). 7.2.3. Ensure sub-contractors are appointed in writing, registered with COIDA and have
necessary competences and resources to perform construction work safely. 7.2.4. Ensure all employees have valid medical certificate of fitness specific to the construction
work performed and issued by an occupational health practitioner in a form of Annexure 3.
7.2.5. Ensure co-operation between all contractors [CR 7(4)] to comply with the Act. 7.2.6. Ensure compliance with the Act in terms of [CR 5(3)]
a. Provide relevant sections of these specifications to contractors as required b. Appoint each contractor in writing and only appoint contractors who have the necessary
competencies and resources may be appointed [CR 7(1) (v)] c. Ensure each contractor’s HSP is implemented and maintained throughout the duration of
the project on site d. Stop any contractor from work which is not in accordance with HSP / law or which pose a
threat to health and safety of persons. e. Sufficient information is provided to contractors where there are changes to design and
construction. f. Ensure every contractor is registered and in good standing with the Compensation
Commissioner g. Ensure potential contractors have made provision for the cost of health and safety
measures 7.2.7. Negotiate and approve the HSP of each contractor [CR 7(1) (vi) 7.2.8. All HSP’s including the principal contractor’s to be available on site [CR 7(1)]
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7.2.9. All HSF’s including the principal contractor’s to be available on site [CR (7)] 7.2.10. A consolidated HSF to be handed over to the client on completion of construction including records of drawings, designs etc. [CR 7(1) (e)] 7.2.11. HSF to include updated list of all contractors, the agreements and their type of work [CR 7(1) (f)]
7.3. Contractor’s Responsibilities [CR 7(2)] (including sub-contractors) 7.3.1. Provide their HSP to the principal contractor [CR 7(2)(a)] 7.3.2. Where a contractor appoints another contractor (sub-contractor) it is the responsibility of
that contractor to apply sub regulation 1(b) to(g) of CR 7 as if he were the principal contractor [CR 7(3)]
7.3.3. No contractor to appoint another contractor (sub-contractor) unless the latter has the necessary competency and resources to perform the required work
7.3.4. To provide any information which affects the health and safety of any persons at work to the principal contractor [CR 7 (2) (e)]
7.4. Legal Appointments
The principal contractor shall ensure copies of the appointment letters of all responsible persons appointed on site will be kept in the HSF. All legal appointments shall be conducted in accordance with the requirements set out in the OHSA and as per this specification. The tables below set out the appointment protocols for CR and OHSA. It should be noted that these represent complete lists and not all these appointments may be required:
7.4.1. Construction Regulation Appointments
Reg. Appointment Appointee Appointed by
CR 5 (1)(k)
Principal Contractor 16(2) for the company Client
CR 7 (1)(v)
Contractor Competent person Principal Contractor
CR 8 (1) Construction manager Competent person Principal Contractor
CR 8 (2) Assistant Construction manager
Competent person Principal Contractor
CR 8 (5) Safety Officer Competent person Principal Contractor
CR 8 (7) Construction Supervisor Competent person Principal Contractor
CR 8 (8) Assistant Construction Supervisor
Competent person Principal Contractor
CR 9(1) Risk Assessor Competent person Principal Contractor
CR 11 (2a)
Structure Inspector Competent person Principal Contractor
CR 10 (a) Temporary work designer and inspector
Competent person Principal Contractor
CR 13 (1) Excavation Work Inspector Competent person Principal Contractor
CR 14 (1) Demolition Work Supervisor Competent person Principal Contractor
CR 16(1) Scaffolding Inspector Competent person Principal Contractor
CR 17 (1) Suspended Platform Supervisor
Competent person Principal Contractor
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CR 17 (8a)
Material Hoist Inspector Competent person Principal Contractor
CR 18(1) Rope access supervisor Competent person principal
CR 20 (1) Bulk mixing plant Supervisor Competent person Principal Contractor
CR 21 Explosive power tool Controller
Competent person Principal Contractor
CR 22 (e) Tower Crane Operator Competent person Principal Contractor
CR 21 (1k)
Construction Vehicle Inspector Competent person Principal Contractor
CR 24 (e) Temporary Electrical Installation Inspector
Competent person Principal Contractor
CR 28 (a) Stacking and Storage Supervisor
Competent person Principal Contractor
CR 29 (h) Fire Equipment Inspector Competent person Principal Contractor
CR 29 (i) Fire Team Members Competent person Principal Contractor
OHS Act Appointments and other relevant Regulations
Reg. Appointment Appointee Appointed by
OHSA 16 (2)
16 (2) Contract Manager 16(1)
OHSA 17 (1)
Health & Safety Rep Elected / Nominated 16(1)
GAR 9 (2) Incident Investigator Competent person Principal Contractor
GSR 3 (4) First Aider Competent person Principal Contractor
GSR 13 Ladder Inspector Competent person Principal Contractor
DMR 18 (11)
Lifting Equipment Operator Competent person Principal Contractor
DMR 18 (5) Lifting Equipment Inspector Competent person Principal Contractor
The responsibilities of each appointment are detailed in the relevant form, which are signed by both the authorised person and the appointee and kept in the Health and Safety file.
8. Documentation and Procedures All required HSE documentation for the construction work, shall be kept in the HSF, which shall be available on site. The Construction Supervisor shall be responsible for the file on site and the Project Manager shall ensure that documentation is valid and up to date. The procedures to be used for the project are to be in accordance with contractor policy and as per the outcome of the HIRA exercise. It is required that the documentation is filed in an orderly fashion for easy access. The following sections are suggested:
Policies, permits etc.
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Health & Safety plans, specifications Appointments Incident management Inspection checklists Risk assessments Training Safe Work Procedures Hazardous Chemical Substances Audit reports
9. Application of COIDA and OHSA to Construction Work [Items 8.11 to 8.15 only may not be applicable]
9.1. Compensation of Occupational Injuries and Diseases Act, Act No. 130 of 1993
(COIDA) Every contractor shall provide proof of registration and a valid letter of good standing with the Compensation Commissioner.
9.2. Occupational Health and Safety Policy [OHSA 7]
The contractors must develop a Health and Safety Policy that:-
Is appropriate to nature & scale of risks, Includes commitment to prevent injuries & ill health, and continual
improvement of health and safety performance, Includes the commitment to comply with applicable legal and other
requirements, Includes the setting of health and safety objectives and targets, Is documented, implemented and maintained, Is communicated to all stakeholders, Is reviewed periodically to ensure its relevant and appropriate to the
construction company.
9.3. Health and Safety Training and Competency
A training needs analysis must be developed and training provided for all persons requiring training. Proof of training / competency must be made available on file.
9.3.1. Induction Training
The principal contractor shall be responsible for the induction of all personnel entering the site including visitors, inspectors etc. Contractors doing specific construction work shall be responsible for the induction of their employees with respect to that specific work. Records to be kept on file for all personnel that undergo induction training.
9.3.2. Awareness Training
In addition, the client would favour awareness training to be carried out such as weekly Toolbox Talks on relevant topics e.g. manual lifting, wearing PPE, safe use of portable electric tools etc.
9.3.3. Competency and CV’s Where applicable, valid copies of certificates of competency of appointed personnel to be provided and kept in the HSF. Other training requirements such
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as those identified through the HRA process, to be completed and proof of that training also kept in the HSF. Where competency is achieved through experience, a brief CV will be required.
9.3.4. Specific OH&S Training Valid certificates of training from registered service providers preferably accredited by the appropriate SETA are required for First Aiders, H&S reps, Fire Marshals (CR21 Fire Equipment Inspectors) etc.
9.3.5. Medical Fitness All employees doing construction work on site must have a valid medical certificate of fitness specific to construction work to be performed and this must be issued by an occupational health practitioner in the form of Annexure 3.
9.4. Hazards and Potentially Hazardous Situations [OHSA 13]
The principal contractor is responsible to ensure that all contractors and any visitors are warned of any hazardous or potentially hazardous situations, which may affect them on site and shall put any additional measures in place to assist in mitigating the risk of these hazards.
9.5. Health and Safety Reps [OHSA 17 and 18]
The principal contractor shall be responsible to ensure compliance to this section of the OHSA as required and to ensure similar compliance of all contractors. If a rep is not required, the appointed Safety Officer will be responsible for these
functions
9.6. Health and Safety Committee [OHSA 19 and 20]
The principal contractor shall be responsible to ensure compliance to this section of the OHSA as required. If a committee is not convened, health and safety matters will need to be tabled and discussed at site meetings
9.7. General Documents / Record Keeping
The principal contractor shall ensure that all Health and Safety documents and records, required by OHSA and Regulations are kept on site for reference purposes and auditing.
9.7.1. Inspections
The principal contractor shall keep all records of inspections undertaken during the contract. An assessment will need to be made of what inspections are required and their frequency. The principal contractor is also responsible to ensure compliance to this requirement by all contractors
9.7.2. Audits [CR 5 (0) and 7 (1c)(vii)]
The client’s agent shall carry out regular audits on the principal contractor at least once per month. Similarly, principal contractors shall be responsible for
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carrying out regular audits on their contractors at least once per month. The results shall be tabled for action and discussed at the Health and Safety Committee meetings or the site meetings, as appropriate.
9.8. Incident management and emergency plans
The principal contractor shall create an Emergency Plan for the construction site. The plan shall be clearly laid out for all types of emergencies including responsibilities, evacuation routes, siren, emergency no.’s etc. The plan shall be fully explained to all personnel during the induction training. All contractors will become completely familiar with the requirements of the plan and will participate in any evacuation drills that may take place.
9.8.1. First Aid [GSR 3] The principal contractor shall be responsible to ensure compliance to this regulation as required. In particular, a first aid box with the minimum stock as specified in the regulation will be located at the site office and there will be signage to indicate the location of the box. Attention is drawn to GSR 3(4) for the requirement of trained first aiders. It is also suggested that a trained first aider be made responsible for the box in terms of the following:
Security – the box should not be left open but it must be accessible in case of emergency (spare key availability)
Injuries - a record of first aid box injuries treated and the stock issued
Stock – a regular inspection to maintain stock levels and check expiry dates In addition, the first aid requirements should be noted for high risk substances or hazardous chemical substances and if these are to be used, then it should be addressed in the HIRA and the need for eye wash facilities assessed.
9.8.2. Incidents and Injuries – Investigation and Reporting
The Principal Contractor will ensure there is a management system to report and investigate all incidents. All incidents including ALL near misses, first aid box treatment, and all other serious incidents involving any form of disabling injury or fatality are to be reported to the Client and the Clients H&S Agent telephonically immediately. This shall be confirmed in writing as soon as possible after the incident. Failure to comply with these provisions will be considered a serious offence. “Recording and Investigation of Near Misses”. Incidents The principal contractor shall provide evidence by means of a procedure or chart that he is fully aware of the “hierarchy” of incidents that can occur e.g. unsafe situations, near misses, first aid box injuries, medical cases, disabling injuries etc. He shall keep an incident register of all such incidents, investigate and implement corrective action where required. The client also reserves the right to request incident statistics from the principal contractor such as DI’s, DIFR and DISR and it is advised that these are maintained. Injuries First aid box injuries have been addressed under 9.8.1 above. More serious injuries requiring transport of the injured person to the nearest hospital or
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doctor or the calling of an ambulance and paramedic personnel will be the responsibility of the principal contractor’s appointed personnel such as the Construction Supervisor, First Aider and Safety Officer. It is advised that all required emergency numbers be on hand and prominently displayed. As all contractors are registered and in Good Standing with the Compensation Commissioner, it will be the responsibility of the contractor whose employee has been injured, to make the necessary report and claims to the Commissioner.
9.8.3. Accident and Incident Reporting and Investigation [OHSA 24, GAR 8, 9 (1) & (2)]
Should an incident or accident investigation need to be conducted, a competent person shall be appointed to conduct the said investigation. The procedure to be followed will be in accordance with Annexure 1 of GAR 9 – “Recording and Investigation of incidents”. Particular attention is also drawn to OHSA 24, the reporting of certain incidents to an inspector of the department of labour. The principal contractor shall ensure that the investigations are kept for record purposes and he shall ensure that the outcome of the investigation is communicated to all affected parties as required i.e. the Client, Clients H&S Agent and contractors. The Client reserves the right to participate in all investigations into accidents or incidents and to conduct their own investigation if required.
9.9. Contractors and suppliers [OHSA 37(2)]
The client shall enter into an “Agreement with Mandatory” in terms of Section 37(2) of the Occupational Health and Safety Act, 85 of 1993, with all appointed principal contractors. Likewise all principal contractors shall enter into a similar agreement with all contractors, sub-contracted to them for any period of the contract. Please note that if contractors hire any construction vehicles or mobile plant, the companies from which the equipment is hired must provide any maintenance and test certification as required. In addition, if operators are hired with the equipment, proof of competence and medical certification must be provided.
The principal contractor shall ensure that all contractors are issued with this safety specification where reasonable. The principal contractor shall assist and ensure that contractors engaged comply with all of these requirements and adhere to the requirements set out in the OHSA. Contractors will be stopped from working in the event of unsafe conditions and activities being observed. All contractors shall be subject to the requirements specified in the HSP and will be issued with a copy of the plan. If the contractor is not able to comply with the requirements set out in the plan, he shall not be appointed as contractor.
9.10. Personal Protective Equipment, Intoxication, Signage and Access Control
9.10.1.1. Personal Protective Equipment (PPE) [GSR 2]
The principal contractor shall through the Risk Assessment process identify the specific PPE needs per activity. Contractors, as employers, will be responsible for the issue of the required PPE. Should PPE be lost or stolen, then the employee will be issued with new PPE. Should PPE be worn out or damaged, the user shall return the worn or damaged PPE and will be issued with a replacement. Training in the use of this shall be provided. Visitors shall be informed of PPE requirements prior to their visit so that they may enter the site.
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9.10.2. Intoxication [GSR 2A] The principal contractor shall ensure that no persons may enter or remain at the construction site if under or apparently under the influence of intoxicating liquor or drugs.
9.10.3. Display of signs [GSR 2B] The principal contractor shall make use of signage to assist in enforcing compliance to any requirement specified in this document or as required by law. Standard symbolic signs are acceptable for conveying these requirements where applicable. Approved signs as per SABS standard approved colours must be used.
9.10.4. Access control [GSR 2C] The principal contractor shall be responsible to ensure control of access to all persons entering the construction site. The reasons for this are as follows:
The principal contractor is the ‘employer’ on the site and is responsible for section 8 of OHSA for employees and contractors and section 9 for any other person on site such as visitors and inspectors
All persons entering the site must undergo induction training to inform them of the hazards present on the site. This includes contractors, visitors, inspectors etc.
The construction supervisor will be aware of who is on site and their function
The construction supervisor will be able to control tasks that may impact on other work being carried out on the site by a permit to work system
The number of people and their purpose on the site must be known in case of emergency and evacuation
Security reasons The principal contractor shall post notices at the site informing all those entering the site of these requirements.
9.11. Ladders [GSR 13A]
The following requirements shall be complied with regarding Ladders and Ladder work:
A competent person shall be identified and appointed as the ladder inspector.
Where aluminium ladders cannot be used, then wooden ladders shall be straight grained, unpainted to allow for proper inspection of the grain for cracking.
Ladders shall be secured at the top and chocked at the base to prevent slipping.
Where chocking of the base is not possible, then the user shall ensure that the ladder is held in position by another employee when ascending the ladder.
Ladders shall be inspected a minimum once per month by the competent person appointed as the ladder inspector.
Proper storage shall be provided for all ladders when not in use.
9.12. Pressure Equipment Regulations, 2009 (Gas Bottles) [PER 2009]
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If gas bottle sets (Oxy-Acetylene for heating, cutting, welding) are used, these regulations, as required, shall be adhered to. Regular inspection of the sets shall be carried out. In particular
Only trained personnel shall operate such equipment.
The Construction Supervisor shall ensure operation of the equipment is in accordance with the HIRA requirements and Safe Working Procedure (SWP) and/ or method statement.
All users shall undergo regular awareness training (toolbox talk) to ensure compliance.
The Construction Supervisor shall ensure the required PPE is provided and properly used.
9.13. Portable Electrical Tools [EMR 9]
This regulation shall be complied with as a minimum requirement. Regular inspections of all Portable Electrical Tools such as drills, angle grinders etc., and shall be carried out. In particular:
Only trained personnel shall operate such equipment.
The Construction Supervisor shall ensure operation of the equipment is in accordance with the HRA requirements and Safe Working Procedure (SWP).
All users shall undergo regular awareness training (toolbox talk) to ensure compliance.
The Construction Supervisor shall ensure the required PPE is provided and properly used.
9.14. Permit to work (including hot work)
The principal contractor shall ensure that:
All work being carried out on the site has been approved through the necessary project control system.
Permits required from third parties such as town councils for utility and sewage services are in place.
A permit system is operational so that work consisting of many tasks related to the construction on site, can be carried out without endangering the health and safety of personnel on site, neighbours and the public surrounding the site and/or causing damage to property.
In particular, attention is drawn to GSR 9, which details the requirements for welding, flame cutting, soldering and similar operations (hot work).
9.15. Work in confined spaces [GSR 5]
The principal contractor shall ensure that no work is carried out in a confined space unless it is safe to do so. All the requirements of this regulation shall be met. Attention is drawn to the fact that further precautions are required if hot work is to be carried out in a confined space a per GSR 5(5) and GSR 9(2).
In addition, CR 13(2j) specifies that excavations are regarded as confined spaces and these precautions need to be applied.
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9.16. ENVIRONMENTAL RULES
The Contractor shall give effect to and maintain all safeguards and standards and take such measures as may be necessary for the protection of the environment. Prevention of any type of pollution must be taken into consideration when performing all construction activities on site.
9.16.1 Clearing
The Contractor shall comply with the following conditions and requirements for clearing:
Follow the Occupational Health and Safety Act, the Environmental Regulations
for workplaces and Project EMP.
Areas to be cleared will have boundaries clearly marked by tape, pegs or other
means and will conform to limits on design drawings.
Clearing will not commence until drainage control works are in place.
Cleared vegetation should be windrowed along the contour to assist with
erosion control.
Any area which is not to be disturbed under requirements of the Cultural
Heritage Management Plan will be clearly identified.
Vegetation clearance will be restricted to that necessary for the works.
The Engineer is to be notified immediately if contaminated soil is discovered.
Traffic shall be confined to maintained tracks and roads.
Particular care shall be taken to minimise disturbance to the bed and banks of
watercourses.
9.16.2. Noise and Vibration
The Contractor shall ensure that the exposure of persons to noise is prevented by all means and where it is not possible to prevent it, to adequately control the noise. The noise-induced hearing loss regulations must be complied with. Each of its mobile and fixed plant and that of its subcontractors’ are fitted with appropriate noise suppression equipment to ensure that noise levels from such plant are contained within the relevant limits prescribed by relevant industrial safety and environmental legislation, regulations and site standards. If there is a noise problem with electric power generating equipment, compressors, or other facilities under the control of the Contractor, additional noise suppression shall be erected by the Contractor at the Contractor's cost around the offending unit(s). Any deviation from the above listed practices is to be rectified at the Contractor’s cost.
9.16.3. Transport, Storage and Handling of Hazardous Substances and
Dangerous Goods
The Contractor shall comply with the following conditions and requirements for storing and handling hazardous and dangerous goods:
Comply with Hazardous Chemical Substance Regulations.
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Provide a list of hazardous substances and corresponding Material Safety Data Sheet (MSDS) prior to bringing substances on Site.
Substance register to be held at each storage facility.
Corrosive materials to be stored and handled in accordance with HCS Regulations 14.
Fuel, oils and substances in containers of 210 litres or more shall be stored in a bunded area with capacity of at least 110% of the total quantity of HCS.
Fuel, oils and substances in less than 200 litre drums shall be stored as above or in a fenced and roofed compound.
All fuel, oils and substances must be clearly labelled.
Transfer of bulk fuel and handling of hazardous substances shall be conducted only by appropriately trained personnel.
Spill clean-up kits including absorbent materials shall be kept at each storage facility.
9.16.4. Erosion and Oil Traps
The Contractor shall comply with the following conditions and requirements for erosion, sedimentation, silt and oil traps:
Land disturbance will be restricted to that necessary for the works.
Topsoil will be salvaged for use in rehabilitation.
Storm water from upstream catchments will be diverted away from construction areas.
Drains will be protected to prevent scouring if necessary.
Sediment traps, silt fences or hay bales will be installed to control sediment where necessary and where directed by the Engineer.
Sediment traps will be cleaned periodically.
Hazardous materials will be bunded or stored such that contaminated run-off is not generated.
Traffic will be confined to maintained tracks and roads.
Particular care will be taken to minimise disturbance to the bed and banks of watercourses.
Rehabilitation of disturbed areas will be carried out promptly.
The Contractor shall maintain its specific work area so as to prevent erosion of adjacent soils by surface runoff. Temporary diversion drains shall be used to divert storm water away from the Contractor's work area, where necessary.
The Contractor shall provide and maintain all silt traps and oil traps necessary for the execution of the work under the Contract and for the protection of the environment as required by the Specification and as directed by the Engineer.
9.16.5. Dust Prevention
The Contractor shall comply with the following conditions and requirements for air quality and dust:
Dust generated by construction activities will be suppressed by water spraying, to levels that are safe for Site personnel.
Speed limits on unsealed roads will be limited to a maximum speed consistent with the minimisation of dust generation.
Earthworks Supervisors must pay particular attention to the management of topsoil stripping such that dust does not become a safety hazard or severe nuisance.
All dust complaints will be investigated promptly and appropriate action initiated to reduce nuisance.
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9.16.6. Waste Management
The Contractor shall provide suitable rubbish receptacles at the Site and shall ensure that all litter is collected in them and properly disposed of off Site in accordance with the requirements of the relevant statutory requirements.
The Contractor shall ensure proper collection and off-site disposal of all industrial wastes in accordance with relevant statutory requirements.
The Contractor shall apply the principles of Waste Minimisation by reducing the amount of waste generated on Site by their operations and activities as much as possible. The Contractor shall provide for recycling of glass, metals, plastics and paper.
9.16.7. Weed Management
The Contractor shall comply with the following conditions and requirements for weed management:
Contractors shall ensure that all machinery, equipment and vehicles are washed down at a wash facility before entering the Site and again when leaving the Site.
Plants and soil shall not be removed from the Site without authorisation.
Soil or other material shall not be brought onto Site if it has originated from an area known to contain environmental weeds or declared weeds under the Rural Lands Protection Act 1995.
Areas disturbed or rehabilitated as part of a Contract will be inspected upon completion of the works. The Contractor shall eradicate any declared weeds found.
Seed used in rehabilitation shall be free of declared weeds.
Control measures (including use of herbicides) must be consistent with manufacture’s recommendations, safe practice and recommendations in the Department of Natural Resources Pest Fact series.
Include information on the importance of weed control in inductions.
9.16.8. Found Object
All fossils, coins, articles, minerals of commercial value and objects of antiquity and structures and other remains and things of archaeological interest discovered at the Project Site shall be deemed to be the absolute property of the Employer. The Contractor shall take reasonable precautions to prevent the Contractor’s employees, subcontractors and the employees of subcontractors and any other persons from removing and damaging any such article and thing and shall immediately upon discovery thereof, acquaint the Engineer of such discovery, who shall issue instructions for dealing with it in terms of the General Conditions of Contract.
9.17. MONITORING, AUDIT AND REVIEW
The Client’s Agent shall have the right to conduct audits / inspections of the Contractor’s operations, equipment and procedures at any time, and the Contractor shall fully co-operate with the Client’s Agent during such audits / inspections.
The Client’s Agent rights under this clause shall not relieve the Contractor of its obligations to conduct audits and reviews of its own safety and health performance.
Where such Client’s Agent audits reveal deficiencies in the Contractor’s procedures, equipment, training, drills, etc., the Contractor shall rectify such
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deficiencies as soon as practicable, and provide to the Client’s Agent a status report on all outstanding corrective actions. Where such deficiencies include an unsafe practice or a breach of the Statutory or the Contract’s requirements, the Client’s Agent may in accordance with the General Conditions of Contract suspend the work associated with the unsafe practice or breach until the deficiency is rectified.
10. Application of the Construction Regulations, 2014 [Please note: this is the complete list. Item 10.1 is compulsory and the rest are applicable if relevant to the work being carried out] 10.1. Hazard Identification, Risk Assessment and Risk Control (HIRA) [CR 9]
The contractor shall prior to the commencement of any construction work perform a HIRA exercise, which will form part of the HSP and file for the project. A copy of the HIRA shall be made available for viewing to the client’s OHS agent and shall be kept in the Health and Safety File. NB: The contractor shall ensure that the outcome of all HIRA exercises will be conveyed to all relevant employees with respect to the hazards and the related control measures before any work commences. Below is a list of activities, which may be considered for HIRA if the activity is to be carried out on site. The list is not exhaustive but gives examples of activities for a construction site:
Traffic Management– restrictions etc. Site security and access Existing services, overhead and underground Ground conditions Use of construction vehicles and mobile plants Excavations Flooding Batching on site Use of scaffolding Temporary works Activities that affect adjacent sites and roads during construction Excavations in particular those adjacent to roads or sidewalks Lifting operations such as offloading and moving equipment Stacking, storage of equipment and materials, and good housekeeping Confined space working Use of hand tools Use of portable electrical equipment (power tools) Use of explosive power tools Use and storage of flammable and hazardous chemicals such as petrol,
diesel, adhesives, solvents, thinners etc. Electrical installations Mechanical installations such as pumps Waste management including removal of hazardous waste Environmental restraints such as effluents, boundary noise and dust Temporary site accommodation General hazards to site personnel such as cleaning, noise and dust
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The control of several of these risks may be specified in the OHSA or the CR but this does not mean that the HIRA exercise does not have to be carried out. 10.2. Fall Protection [CR 10] Section 1(a) of this regulation states that a contractor shall designate a competent person, to be responsible for the preparation of a fall protection plan.
All the requirements of CR 10 shall be met, including roof work. As per CR 10(3), the fall protection plan will be submitted to the construction manager [CR 8(1)] so that it is available on site and a copy will be included in the HSF. Special attention must be given to drop off edges from 1st floor level upwards and even to the upper floor being cast. Drop off edge barriers will be required
10.3. Structures [CR 11]
The appointed contractor shall meet the requirements of this regulation. Attention is drawn to CR 11(2)(a) which requires the designer to inspect the structure at appropriate times when mandated by the Client and the record of these inspections to be available on site.
10.4. Formwork and support work [CR 12] Section (a) of this regulation states that this work must be carried out under the supervision of a competent person who has been appointed in writing. All the requirements of CR 12 shall be met. For inspection again, attention is drawn to section (f), the records of which must be available on site.
10.5. Excavations [CR13]
Section 1 of this regulation states that this work must be carried out under the supervision of a competent person, who has been appointed in writing. All the requirements of CR 13 shall be met. For inspection of excavations, attention is drawn to sub regulation 2(h), the records of which must be available on site.
10.6. Demolition [CR14] Section 1 of this regulation states that this work must be carried out under the supervision of a competent person. All the requirements of CR 14 shall be met. 10.7. Tunnelling [CR15]
Attention is drawn to the compliance required to the Tunnelling Regulations of the Mine Health and Safety Act (Act 29 of 1996) 10.8. Scaffolding [CR16] Section 2 of this regulation states that this work must be carried out under the supervision of a competent person, who has been appointed in writing. The standard referred to in section 2 is SANS 10085 and this shall be complied to with respect to the use of scaffolding on site. 10.9. Suspended Platforms [CR17]
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Section 1 of this regulation states that this work must be carried out under the supervision of a competent person, who has been appointed in writing. All the requirements of CR 17 shall be met. For inspection of suspended platforms, attention is drawn to section 10, the records of which must be available on site (section 11).
10.10. Rope access work [CR18]
All the requirements of CR 18 shall be met.
10.11. Material Hoists [CR19]
All the requirements of CR 19 shall be met. Sub regulation 8(a) states that inspection of material hoists to be carried out by a competent person, who has been appointed in writing.
10.12. Bulk mixing Plants [CR 20]
Section 1 of this regulation states that batch plants must be operated and supervised by a competent person, who has been appointed in writing. All the requirements of CR 20 shall be met.
10.13. Explosive powered tools [CR 21] Section 2(b) of this regulation states that these tools must be cleaned and inspected daily before use by an appointed, competent person and a trained person (2b) can only operate them. All the requirements of CR 21 shall be met.
10.14. Lifting machines and lifting tackle [DMR 18] , Cranes [CR 22] All the requirements as far as GMR 18 is concerned, compliance to these requirements will be the responsibility of contractors using any lifting equipment and lifting tackle. The principal contractor must comply with the requirement of the Construction Regulations 22 and the requirements of the Driven Machinery Regulations 1988.
10.15. Construction vehicles and mobile plant [CR 23]
It will be the responsibility of each contractor on site to ensure compliance of their construction vehicles and mobile plant to these regulations. This includes vehicles to be used for transporting personnel to and from site, which will be subject to relevant requirements such as licensing and roadworthiness checks. In addition the following will apply:
Safe transport for personnel working on the project to and from the workplace, which shall include proper seating, side restraints and cover.
Road safety principles shall be adhered to on and off site.
If a mobile crane or other mobile plant is hired, only approved hire companies shall be contracted to provide such equipment. The Construction Supervisor shall ensure compliance of the provider to these regulations. In particular attention is drawn to the competence and fitness of the operator [section 1(d)] and the inspection of the equipment [section 1(j)]
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10.16. Electrical Installations [CR 24], including [EIR] and [EMR]
The requirements of these regulations shall be met as required, by the appointed electrical contractor. A competent person will be appointed for inspection and control of all temporary electrical installations as per CR 24(d) and (e) respectively. 10.17. Use and storage of flammable liquids [CR 25], and hazardous chemical
substances [HCSR]
All the requirements of CR 25 shall be met
In terms of HCSR, contractors shall ensure that all hazardous chemicals brought to site have a Material Safety Data Sheet (MSDS) and the users are made aware of the important sections of the MSDS such as:
Hazards
First aid measures
Firefighting measures
Accidental release measures
Handling and storage
Exposure control especially PPE
Disposal
First Aiders shall be made aware of the MSDS and how to treat HCS incidents appropriately. Copies of MSDS's will be available on site and in the HSF.
10.18. Water Environments [CR 26]
The requirements of this regulation shall be met.
10.19. Housekeeping [CR 27] including [ERW(6)]
All contractors shall ensure that housekeeping standards as per these regulations shall be maintained at all times.
10.20. Stacking of Materials [CR 26] including [GSR(8)]
All contractors shall ensure that materials are only stored in defined and allocated storage areas and that materials being stored are stacked in accordance with sound stacking principles as per these regulations.
10.21. Fire precautions [CR 29]
All contractors on site will comply fully with the requirements of this regulation. In particular, the principal contractor will be responsible for the evacuation plan (section (l)) the details of which will be imparted to contractors, visitors etc. through the site induction.
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10.22. Construction welfare facilities [CR 30]
The principal contractor shall be responsible for implementing this regulation and shall ensure that adequate facilities are provided for the personnel on site in terms of the following:
Change room facilities
Adequate toilets.
Hand wash facility.
Potable water.
No food preparation shall be conducted on site. Eating and drinking will only be permitted in the designated eating areas, which must be provided with adequate seating.
Waste bins shall be strategically placed and cleared regularly.
11. Site Specific and Design Risks [Please note: this is not a complete or exhaustive list. The principal contractor is expected to assess all risks to which his employees may be exposed during the construction process, as well as the hazards identified and listed below.] 11.1 Hazard Identification and Risk Assessment Methodology 11.1.1 Baseline Risk Assessment A Baseline Hazard Identification and Risk Assessment must be carried out during the preliminary stages of the construction/demolition project for the purposes of attempting to reduce the possibility of accidents or ill health occurring. Taking into account the constraints of time and resources, every effort must be made to identify the hazards and recommend possible solutions. It is not reasonably practicable to expect the baseline risk assessment to identify all hazards, which is why task risk assessments are carried out on site. These are some of the risk the contractor may be exposed to,
Hazard Risk
Working near bulk water Drowning
Work around live
electricity
Electrocution
Deep Excavations Collapsing of excavation
Loss of oxygen
Drowning due to excavations
flooding
Working on heights Falling from height resulting to
fatalities
Working around
pressured pipes
Busting of pipe resulting to injuries
and fatalities
Temporary works Collapse of the structure
Falling from heights
Hit by structure components
Steel work Cut by steel / hit by steel
Concrete work Heat by concrete
Ground pollution
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Stacking and storage of
material
Pipes rolling hitting employees and
community
Mobile plants Hitting members of the community
Mobile plant overturning
Fuel and hazardous
material
Fire
Pollution
11.1.2. Task Risk Assessment Once on site, every contractor shall perform task risk assessments, using the baseline risk assessment as a guide. The Risk Assessment should be reviewed once on site and thereafter after any incident, change in design or every one-year period, whichever occurs first. Additional hazards highlighted or a change in the risk factor should have a separate risk assessment carried out and filed. The Risk Assessment is based on the combination of the CONSEQUENCE and PROBABILITY associated with each hazard.
ANNEXURE A (OHS REQUIREMENTS – SCHEDULE OF COSTS SCHEDULE OF OHS COSTS
The client has made provisions in the tender for the Principal Contractor to price for the cost of Health and Safety Measures before and during the construction process and for tender reasons. The Principal Contractor, in turn, needs to make the same provision when Contractors (Sub-contractors) tender or quote on work
Item Description Quantity Amount – Rands
1. Site Establishment & Facilities
1.1 OHS File – Site Specific 1
1.2 Temporary Site Office 1 per contractor
1.3 Temporary Electrical Connection 1
1.4 Temporary Water Connection 1
1.5 Portable Chemical Toilets – Male/ Female As per Risk Assmnt
1.6 Change Room Facilities – Male/ Female As per Risk Assmnt
1.7 Eating area Facilities 1
1.8 Notice Board 1
1.9 Construction Site Signage Board ?
1.10 Signage - PPE Required for Site As per Risk Assmnt
1.11 Hazardous Substance Store & Signage 1
1.12 Fire Extinguisher 9kg DCP As per Risk Assmnt
1.13 Regulation 3 First Aid Box Complete 1
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1.14 Regulation 7 Blood Spill Kit 1
1.15 Hazardous Substance Spill Kit 1
1.16 Spare Protective Clothing – i.e. Hard Hats, hearing, respiratory, eye and hand protection and reflective vests.
As per risk assessment
1.17 Perimeter hoarding/ shadecloth All
1.18 Scaffold Shadecloth All
1.19 Waste Material Skips As per Risk Assmnt
2. Administration and Documentation
2.1 medical certificate/s of fitness All
2.2 Scaffold safe-to-use certificate All
2.4 Access Control – Security As per Risk Assmnt
2.5 Approved Asbestos Removal Contractor If required
2.6 Asbestos Safe Disposal Certificate If required
2.7 First Aider/s As per OHS Act
2.8 Fire Marshalls As per Risk Assmnt
2.9 Full Time Safety Officer SACPCMP registered
1
2.10 Safety Representatives As per OHSAct
3. Other
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C3.3 - SPECIFICATION AO:
LABOUR INTENSIVE SPECIFICATIONS
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PD9 LABOUR INTENSIVE WORK
PD9-1 Competencies of Supervisory and Management
Established contractors shall only engage supervisory and management staff in labour-intensive works who have either completed, or are registered for training towards, the skills programme outlined in Table 1.
Emerging contractors shall have personally completed, or be registered on a skills programme for the NQF level 2 unit standard. All other site supervisory staff in the employ of emerging contractors must have completed, or be registered on a skills programme for, the NQF level 2 unit standards or NQF level 4 unit standards.
Table 1: Skills programme for supervisory and management staff
Personnel NQF level Unit standard titles Skills programme description
Team leader / Supervisor
2 Apply Labour-Intensive Construction Systems and Techniques to Work Activities
This unit standard must be completed, and
Use Labour-Intensive Construction Methods to Construct and Maintain Roads and Stormwater Drainage
Use Labour-Intensive Construction Methods to Construct and Maintain Water and Sanitation Services
Use Labour-Intensive Construction Methods to Construct, Repair and Maintain Structures
Foreman/ Supervisor
4 Implement Labour-Intensive Construction Systems and Techniques
This unit standard must be completed, and
Use Labour-Intensive Construction Methods to Construct and Maintain
Roads and Stormwater Drainage Use Labour-Intensive Construction Methods to Construct and Maintain
Water and Sanitation Services Use Labour-Intensive Construction Methods to Construct, Repair and Maintain Structures
Site Agent/ Manager (i.e the Contractor’s most senior representative that is resident on the site)
5 Manage Labour-Intensive against this Construction Processes
Skills Programme against this single unit standard
Details of these skills programmes may be obtained from the CETA ETQA manager (e-mail: [email protected] , tel: 011-265 5900)
PD9-2 Employment of unskilled and semi-skilled workers
Any one of these 3 unit standards
Any one of these 3 unit standards
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PD9-2.1 Requirements for the sourcing and engagement of labour
a) Unskilled and semi-skilled labour required for the execution of all labour-intensive works shall be
engaged strictly in accordance with prevailing legislation and SANS 1914-5, Participation of
Targeted Labour.
b) The rate of pay set for the SPWP is R 165 per task or per day.
c) Tasks established by the Contractor (see Annexure C) shall be such that: i) the average worker completes 5 tasks per week in 45 hours or less; and ii) the weakest worker completes 5 tasks per week in 55 hours or less. d) The Contractor shall revise the time taken to complete a task whenever it is established that the
time taken to complete a weekly task is not within the requirements of (c) above.
e) The Contractor shall, through all available community structures, inform the local community of the labour-intensive works and the employment opportunities presented thereby. Preference shall be given to people with previous practical experience in construction and / or who come from households:
i) where the head of the household has less than a primary school education;
ii) that have less than one full time person earning an income;
iii) where subsistence agriculture is the source of income.
iv) those who are not in receipt of any social security pension income
f) The Contractor shall endeavour to ensure that the expenditure on the employment of temporary workers is in the following proportions:
i) 60 % women;
ii) 20% youth who are between the ages of 18 and 25; and
iii) 2% on persons with disabilities.
PD9-2.2 Specific provisions pertaining to SANS 1914-5
a) Definitions
Targeted labour: Unemployed persons who are employed as local labour on the project.
b) Contract participation goals
There is no specified contract participation goal for the contract.
The Contract participation goal shall be measured in the performance of the contract to enable the employment provided to targeted labour to be quantified.
The wages and allowances used to calculate the contract participation goal shall, with respect to both time-rated and task rated workers, comprise all wages paid and any training allowance paid in respect of agreed training programmes.
c) Terms and conditions for the engagement of targeted labour
Further to the provisions of clause 3.3.2 of SANS 1914-5, written contracts shall be entered into with targeted labour.
d) Variations to SANS 1914-5
The definition for net amount shall be amended as follows: Financial value of the contract upon completion, exclusive of any value added tax or sales tax which the law requires the employer to pay the contractor.
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The schedule referred to in 5.2 shall in addition reflect the status of targeted labour as women, youth and persons with disabilities and the number of days of formal training provided to targeted labour.
e) Training of targeted labour
The Contractor shall provide all the necessary on-the-job training to targeted labour to enable such labour to master the basic work techniques required to undertake the work in accordance with the requirements of the Contract in a manner that does not compromise worker health and safety.
The cost of the formal training of targeted labour, will be funded by the local office of the Department of Labour. This training will take place as close to the project site as practically possible.
The Contractor shall access this training by informing the relevant regional office of the Department of Labour in writing, within 14 days of being awarded the Contract, of the likely number of persons that will undergo training and when such training is required. The Employer and the Department of Public Works (Fax: 012 3258625/ EPWP Unit, Private Bag X65, Pretoria 0001) shall be furnished with a copy of this request.
The Contractor shall do nothing to dissuade targeted labour from participating in training programmes and shall take all reasonable steps to ensure that each beneficiary is provided with two days of formal training for every 22 days worked.
An allowance equal to 100% of the task rate or daily rate shall be paid by the Contractor to workers who attend formal training.
Proof of compliance with the requirements of the above shall be provided by the Contractor to the Employer prior to submission of the final payment certificate.
PD9-3 Generic labour-intensive specification
PD9-3.1 Scope
This Specification establishes general requirements for activities which are to be executed by hand involving the following:
a) trenches having a depth of less than 1,5 metres
b) stormwater drainage
c) low-volume roads and sidewalks
PD9-3.2 Precedence
Where this Specification is in conflict with any other standard or specification referred to in this Contract, the requirements of this Specification shall prevail.
PD9-3.3 Hand excavatable material
Hand excavatable material is material:
a) Granular materials:
i) whose consistency when profiled may in terms of table 1 be classified as very loose, loose, medium dense, or dense; or
ii) where the material is a gravel having a maximum particle size of 10 mm and contains no cobbles or isolated boulders, no more than 15 blows of a dynamic cone penetrometer is required to penetrate 100 mm;
b) Cohesive materials:
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i) whose consistency when profiled may in terms of table 1 be classified as very soft, soft, firm, stiff and stiff / very stiff; or
ii) where the material is a gravel having a maximum particle size of 10 mm and contains no cobbles or isolated boulders, no more than 8 blows of a dynamic cone penetrometer is required to penetrate 100 mm;
Note:
1) A boulder, a cobble and gravel is material with a particle size greater than 200 mm, between 60 and 200 mm, and between 2 mm and 60 mm respectively.
2) A dynamic cone penetrometer is an instrument used to measure the insitu shear resistance of a soil comprising a drop weight of approximately 10 kg which falls through a height of 400 mm and drives a cone having a maximum diameter of 20 mm (cone angle of 60° with respect to the horizontal) into the material being used.
Table 1: Consistency of materials when profiled
GRANULAR MATERIALS COHESIVE MATERIALS
Consistency Description Consistency Description
Very loose Crumbles very easily when scraped with a geological pick
Very soft Geological pick head can easily be pushed in as far as the shaft of the handle
Loose Small resistance to penetration by sharp end of a geological pick
Soft Easily dented by thumb; sharp end of a geological pick can be pushed in 30-40 mm; can be moulded by fingers with some pressure
Medium dense Considerable resistance to penetration by sharp end of a geological pick
Firm Indented by thumb with effort; sharp end of geological pick can be pushed in up to 10 mm; very difficult to mould with fingers; can just be penetrated with an ordinary hand spade
Dense Very high resistance to penetration by the sharp end of geological pick; required many blows for excavation
Stiff Can be indented by thumb-nail; slight indentation produced by pushing geological pick point into soil; cannot be moulded by fingers.
Very dense High resistance to repeated blows of a geological pick
Very stiff Indented by thumb-nail with difficulty; slight indentation produced by blow of a geological pick point.
PD9-3.4 Trench excavation
All hand excavatable material in trenches having a depth of less than 1,5 metres shall be excavated by hand. For trenches having a depth greater than 1,5 metres, the first 1,5 metres shall be excavated by hand. PD9-3.5 Compaction of backfilling to trenches (areas not subject to traffic)
Backfilling to trenches shall be placed in layers of thickness (before compaction) not exceeding 100 mm. Each layer shall be compacted using hand stampers a) to 90% Proctor density; b) such that in excess of 5 blows of a dynamic come penetrometer (DCP) is required to penetrate
100 mm of the backfill, provided that backfill does not comprise more than 10% gravel of size less than 10 mm and contains no isolated boulders, or
c) such that the density of the compacted trench backfill is not less than that of the surrounding undisturbed soil when tested comparatively with a DCP.
PD9-3.6 Excavation
All hand excavatable material including topsoil classified as hand excavateable shall be excavated by hand. Harder material may be loosened by mechanical means prior to excavation by hand.
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The excavation of any material which presents the possibility of danger or injury to workers shall not be excavated by hand. PD9-3.7 Clearing and grubbing
Grass and small bushes shall be cleared by hand. PD9-3.8 Shaping
All shaping shall be undertaken by hand. PD9-3.9 Loading
All loading shall be done by hand, regardless of the method of haulage. PD9-3.10 Haul
Excavation material shall be hauled to its point of placement by means of wheelbarrows where the haul distance is not greater than 150 m. PD9-3.11 Offloading
All material, however transported, is to be off-loaded by hand, unless tipper-trucks are utilised for haulage. PD9-3.12 Spreading
All material shall be spread by hand. PD9-3.13 Compaction
Small areas may be compacted by hand provided that the specified compaction is achieved. PD9-3.14 Grassing
All grassing shall be undertaking by sprigging, sodding, or seeding by hand. PD9-3.15 Stone pitching and rubble concrete masonry
All stone required for stone pitching and rubble concrete masonry, whether grouted or dry, shall be collected, loaded, off loaded and placed by hand. Sand and stone shall be hauled to its point of placement by means of wheelbarrows where the haul distance is not greater than 150 m. Grout shall be mixed and placed by hand. PD9-3.16 Manufactured elements
Elements manufactured or designed by the Contractor, such as manhole rings and cover slabs, precast concrete planks and pipes, masonry units and edge beams shall not individually, have a mass of more than 320kg. In addition, the items shall be large enough so that four workers can conveniently and simultaneously acquire a proper handhold on them. PD10 TRAINING
PD10-1 General
An aspect of the aim of this Contract is to provide training for the local labour employees. (See also PD9-2.2(e)).
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PD10-2 Accredited training of local labour
All local labour employed on this Contract shall receive a level of training for which they will receive accreditation.
PD11 COMMUNITY PARTICIPATION
The Contractor shall make allowance for the employment of a CLO in accordance with the
following terms of reference (TOR), and a trainee Clerk of Work (COW) selected from the
Community.
PD11-1 Terms of Reference of CLO
The Community Liaison Officer (CLO) will be responsible to the Project Steering Committee (PSC), who
will be involved in the appointment of the CLO. The CLO should be the person with a good standing and
respect in the local community and would be selected according to the set criteria by the interviewing
panel consisting of Local and District Municipality, ISD Consultant, PSC, Ward Councillor and selected
local leadership.
The CLO is appointed for the period of physical construction, plus a period of 14 days prior to this period.
The period will include times where small team works are busy in the area e.g. chambers, standpipes and
reservoirs. The period will end when no further work is required.
The contractor will provide office space and stationery for the CLO to carry out his / her duties.
Remuneration for the CLO will be R 3 600 per month for the period of employment. Where the CLO is
engaged for part of the month, they shall be paid an equivalent daily amount. The unit for measurement
shall be the man-month of CLO employment.
A CLO who fails in their responsibilities may be replaced in consultation with the PSC and ISD
Consultants.
The CLO will liaise with the following people in performing these activities:
Contractors:
Organise and assist the contractor in explaining to all workers the labour-based construction
model.
Ensure labourers understand their task and the principles behind task work.
Ensure labourers are informed of their conditions of temporal employment.
Attend all site meetings and briefing for work procedures.
Keep written record of interviews and community liaison which should be summarised and
included in the monthly progress reports.
Collect monthly welfare reports and submit to social facilitators.
Ensure that contractor’s workers are paid what is due to them and in time.
Assist in the recruitment of labour.
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Promote and maintain sound relations with community stakeholders and other role players.
Screen the supplied labour by the community through Project Steering Committees to ensure
compliance with the agreed upon recruitment policy and the government’s labour employment
targets.
Inform local labour about their conditions of temporary employment, to ensure their timeous
availability and inform them timeously when they would be relieved, where the rotation of
labour is applicable.
Keep the labour register of labour and manage records of project local labourers and be able to
provide reports on employment statistics.
Consult on all decisions regarding local problems and any matters of importance that, in any
way will be of relevance to the Contract.
To be on site on a daily basis.
To register concerns / perceptions and raise them in the PSC meetings.
Attend site and PSC meetings to present monthly report on the local community labour
involvement and site matters.
Identify possible labour dispute and any disciplinary matter and advise the site agent / foreman
and assist in the resolution, where necessary must call for the assistance of the Social
Consultant for the resolution of the conflicts.
Assist the contractor in preparing records of project employees. Assist the contractor in making
task measurements and the records thereof.
Monitor the production of individual task workers and arrange replacement of those workers
who fail to produce a reasonable task output.
Attend disciplinary proceedings to ensure that hearings are fair and reasonable.
Communicate daily with the contractor to determine additional labour requirements with regard
to numbers and skills and pass this to the PSC.
Attend weekly meetings with the contractor and make a weekly written report which shall be a
prerequisite to being paid.
Social Facilitators:
Assist in convening of workshops.
Disseminate information to PSC members.
Articulate implementing agency policies to PSC members.
Communicate labour requirements.
Attend induction training programmes for workers and induct labourers.
Submit monthly welfare reports to the social facilitators PSC.
Communicate labour and skills requirements to the PSC.
Assist in the recruitment and engagement of work force.
Verify labour records and ensure all engaged qualify as per the Contract requirements.
Investigate and report all labour dispute matters to the PSC, advise site agent on resolution.
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The residents of each village being served by the scheme are represented by a PSC. All liaisons with the
community and the committees is the responsibility of the Social Facilitator in conjunction with the
Implementing Agent, the Alfred Nzo District Municipality, and the Project Manager. The Contractor will be
required to liaise through them for any matters to do with the community.
PD11-2 Clerk of Works (COW) employment
The Contractor shall employ, for the duration of the contract, a young professional for the duties of a Clerk
of Works (COW). The PSC will provide a list of suitable candidates which will be interview by the
Contractor before selecting a suitable person. If this person has never done similar work before the
Contractor must make allowance to train the person. The Clerk of Works (COW) will be responsible to
the Contractor and a short term contract must be set up to formalize the conditions of the appointment.
The contractor will provide office space, stationery and all other tools and equipment for the COW to carry
out his / her duties.
At completion of the contract the Contractor must provide the COW with a certificate of service.
Remuneration for the COW will be R 3 600 per month for the period of employment. Where the COW is
engaged for part of the month, they shall be paid an equivalent daily amount. The unit for measurement
shall be the man-month of COW employment.
A COW who fails in their responsibilities as outlined in the agreement, may be replaced in consultation
with the PSC and ISD.
PD12 UTILISATION OF THE RESOURCES OF THE LOCAL COMMUNITY PD12-1 General The human resources of the local community are generally underdeveloped, underutilized and
underemployed and the Contractor shall make maximum use of such resources in the execution of
the Works included in this Contract.
The employment of the local community in the execution of the
Works shall generally be through sub-letting of the work to local Subcontractors who will employ
labour drawn from the local communities on a task work basis. The Contractor will be allowed to carry
out certain functions using local labour engaged on an Employer/Employee basis, where the use of
Subcontractors is deemed unsuitable.
Identification and selection of suitable local Subcontractors and labour will be undertaken by a Labour
Desk Committee. The Labour Desk Committee will fall under the PSC and the Project Manager. The
appointment of these Subcontractors and labourers will initially be for a trial period during which time
they will be given a test section of work which they will be required to successfully complete prior to
being allocated further sections.
Should the employment of any local Subcontractor or labourer prove
to be unsatisfactory at any time, then the Contractor shall be required to refer the matter to Labour
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Desk Committee who will immediately undertake the necessary actions to rectify the situation through
disciplinary action or even dismissal of the offender.
PD12-2 Employment of the Local Community
Where it is necessary for the Contractor to directly engage workers for the execution of the Works,
The Contractor shall limit the use of non-local workers to key personnel only and shall engage or
employ only workers from within the local community, and provide all training to such workers as may
be necessary for their successful utilisation on the Works.
No additional payments shall be made to the Contractor in respect of the use of local workers, nor for
any increase in the numbers of non-local workers as may be authorised by the Engineer. All
additional costs as may be incurred by the Contractor in compliance with this Sub-Clause shall be
deemed to be included in the tendered rates and prices for the various items listed in the Schedule of
Quantities.
Restrictions regarding the employment of workers by the Contractor and/or his Subcontractors are
detailed in Particular Specification PB.
PD12-3 Conditions of Temporary Employment
The following conditions will apply to the employment of local labour, whether employed directly or
through a Subcontractor:
o Transport to site will not be provided
o There will be no payment for leave, sick leave, holidays or rain days
o Notice period for termination of employment shall be 2 days and there shall be no
severance pay.
The Contractor shall however give, at the earliest possible opportunity, notice of the termination of
the project and/or an employee's participation in the project:
o Workmen's Compensation Act (WCA) benefits shall apply
o The Occupational Health and Safety Act will be adhered to
o An employee shall not be required or permitted to work continuously for more than five
hours without a meal interval of not less than half an hour.
PD12-4 Conditions of Temporary Employment
An employee shall, upon termination of his services, be entitled to a certificate of service showing the
full names of his employer (ie. the Contractor) and the employee, the type of work done by the
employee, the date of commencement, a record of training received and the date of termination of his
services.
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PD13-1 PROJECT REPORTING
Monthly payment certificates to be submitted to the Engineer no later than the 15th of each month. Failing
to comply with the above would result in late payment. The following forms are required to be completed
monthly and submitted to the Engineer at the monthly site meeting. In addition to the forms mentioned an
updated monthly programme, plant schedule, rainfall, site request, site instructions, financial records and
health & safety meeting minutes are to be submitted at the monthly site meeting. The rates tendered shall
cover the costs of complying with this Clause and no additional payment will be made in this regard.
C3.6.1. Actual Employment Generation
15.1.1 Actual Number of persons employed
Occupational Category
Total Adult Youth Disabled
Women Men Female Male Female Male
Persons
Person
Days
Persons
Person
Days
Persons
Person
Days
Persons
Person
Days
Persons
Person
Days
Persons
Person
Days
Persons
Person
Days
Clerical
Labourer
Managerial
Semi-skilled
Skilled
Supervisor
Total
Please note: - The definition of youth is any person under the age of 35 years. (18-35 Years) - Each person may only be counted once. If a person falls into more than one category, disabled persons take preference, then youth, then adults. - Must include all occupational categories (Clerical, Labourer, Managerial, Semi-skilled, Skilled and Supervisor).
15.1.2. Average daily wage per category Please note that the totals are calculated averages for the number of records submitted per category.
Occupational Category Category Average
Adult Youth Disabled
Women Men Female Male Female Male
Daily wage
Daily wage
Daily wage
Daily wage
Daily wage
Daily wage
Clerical
Labourer
Managerial
Semi-skilled
Skilled
Supervisor
Average of the Daily Wage
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C3.6.2. Training Activities
15.2.1 Non-Accredited Training
Training Type
Total Adult Youth Disabled
Women Men Female Male Female Male
Persons Trained
Training Days
Persons Person Days
Persons Person Days
Persons Person Days
Persons Person Days
Persons Person Days
Persons Person Days
Administration
Technical
Life skills/ ISD
Literacy & Numeracy
Vocational Skills
Business Skills
Total Training
15.2.2 Accredited Training
Training Type
Total Adult Youth Disabled
Women Men Female Male Female Male
Persons Trained
Training Days
Persons Person Days
Persons Person Days
Persons Person Days
Persons Person Days
Persons Person Days
Persons Person Days
Administration
Technical
Life skills/ ISD
Literacy & Numeracy
Vocational Skills
Business Skills
Total Training
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15.2.3 Categories of Accreditation
Note: NQF Level of Training Level 1 – General Education and Training Level 2,3,4 - Further Education and Training Level 5 - Higher Education and Training NSB Number: NSB 01: Agriculture and Nature Conservation NSB 02: Culture and Arts NSB 03: Business, Commerce and Management Studies NSB 04: Communication Studies and Language NSB 05: Education, Training and Development NSB 06: Manufacturing, Engineering and Technology NSB 07: Human and Social Studies
NSB 08: Law, Military Science and Security NSB 09: Health Science and Social Services NSB 10: Physical, Mathematical, Computer and Life Sciences NSB 11: Services NSB 12: Physical Planning and Construction
Training Type
If Accredited
NSB Number
NQF Level
ETQA/ CETA
Administration
Technical
Life skills / ISD
Literacy & Numeracy
Vocational Skills
Business Skills
Total Training
C3.6.3. SMME's Used Since the Start of the Project:
Please remember to include all the SMME's that worked on the project since it started. Then add all the person days and all the funds paid to each SMME since the start of the project, and only record the latest total in the table. For example, if a SMME completed all their work during the first reporting period, the name and details of that SMME must be added to every subsequent report.
SMME
Information about the SMME.
(If it is a subsidiary: provide
information for whole group
and not for the SMME only)
Information about the work on the PROJECT
Name of SMME
No. of permanent employees
Turnover previous 12
months
Total no. of person days to
date
Amount paid to SMME to date.
(Total)
Person days locally
sourced: 0-25% 26-50% 51-75% 75-
100%
Total value of work: SMME Involvement
C3.6.4. BEE Used Since the Start of the Project:
Note that Black Economic Empowerment (BEE) Organisations are referred to in the table below as Affirmable Business Enterprises (ABE’s). The definition of an ABE is as per the Department of Public Works definition: A sole trader, partnership or legal entity which adheres to statutory labour practises, is registered with South
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African revenue Services and is a continuing and independent enterprise for profit, providing a commercially useful function and for which at least two thirds (67%) is owned by one or more PDI’s and whose management and daily business operations are in control of one or more PDI’s who effectively own it, and provided that the annual average turnover excluding VAT, does not exceed the maximum values given for each respective ABE category. Please remember to include all the ABE's that worked on the project since it started. Then add all the person days and all the funds paid to each ABE since the start of the project, and only record the latest
ABE
Information about the abe. (If it is a subsidiary: provide information for whole group
and not for the ABE only)
Information about the work on the PROJECT
Name of
ABE
No. of permanent employees
Turnover previous 12
months
Total no. of person days to
date
Amount paid to ABE to date.
(Total)
Person days locally
sourced: 0-25% 26-50% 51-75% 75-
100%
Total value of work: SMME Involvement
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C4 – SITE INFORMATION
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C4.1 - DRAWINGS The following is the list of drawings applicable to this Contract:
ANDM-001 Locality Plan
ANDM-002 General Layout Plan
ANDM-003 Gravity main Long section
ANDM-004 Reservoir details
ANDM-005 Standard details
ANDM-006 Thrust Block and Trench Details
ANDM-007 Access road to reservoirs