for novimba... · ndwedwe local municipality construction of kwanovimba access road in ward 18...

NDWEDWE LOCAL MUNICIPALITY

CONSTRUCTION OF KWANOVIMBA ACCESS ROAD IN

WARD 18

CONTRACT NO: NDWB 30/17/18

CIDB CATEGORY: 4 CE OR HIGHER

Name of Tenderer:

Address:

Contact No:

Tender Sum (incl. VAT):

CIDB Grading :

CSD Number:

TENDER CLOSES AT 12H00 ON THURSDAY 29th MARCH 2018

NO LATE SUBMISSIONS WILL BE CONSIDERED

EMPLOYER: CONSULTANT:

Engineering Services Dlamindlovu Consulting Engineers (Pty) Ltd

Ndwedwe Local Municipality

Private Bag X503

Ndwedwe

4342

178 Josiah Gumede Road

Pinetown

Durban

3600

Tel no: +27 (032) 532 5000 Tel No: (033) 342 2233

Fax no: +27 (032) 532 5032 Fax No: (033) 342 2222

CONSTRUCTION OF KWANOVIMBA ACCESS ROAD, WARD 18 ii __________ __________ __________ __________ __________ __________ Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2

CONSTRUCTION OF KWANOVIMBA ACCESS ROAD, WARD 18

BID NUMBER: NDWB 30/17/18

Contents

Number Heading Colour Pages

The Tender

Part T1: Tendering Procedures

T1.1 Tender Notice and Invitation to Tender White T2

T1.1.1 Functionality White T3 – T8

T1.2 Bid Data Pink T9 – T12

T1.3 MBD Forms Pink T13 – T26

Part T2: Returnable Documents

T2.1 List of Returnable Documents Yellow T28 – T29

T2.2 Returnable Schedules Yellow T30 – T61

The Contract

Part C1: Agreement and Contract Data

C1.1 Form of Offer and Acceptance Yellow C1 – C4

C1.2 Contract Data (Part 1 & Part 2) Yellow C5 – C15

C1.3 Form of Guarantee White C16 – C17

C1.4 Adjudicator’s Agreement White C18 – C19

C1.5 Occupational Health and Safety Agreement Yellow C20 – C26

Part C2: Pricing Data

C2.1 Pricing Instructions Yellow C28 – C29

C2.2 Bill of Quantities Yellow C30 – C41

Part C3: Scope of Work

C3.1 Description of the works Blue C43 – C44

C3.2 Engineering Blue C45 – C46

C3.3 Procurement Blue C47 – C48

C3.4 Construction Blue C49 – C65

C3.5 Management Blue C66 – C71

C3.6 Health and Safety Specifications Blue C72 – C103

C3.7 Particular Specification Blue C104 – C107

CONSTRUCTION OF KWANOVIMBA ACCESS ROAD, WARD 18 iii __________ __________ __________ __________ __________ __________ Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2

Part C4: Site Information

C4.1 Geotechnical Investigation Green C108

C4.2 Site plan Green C108

Part C5: Tender Drawing

C 5 Bid drawings Green C109

CONSTRUCTION OF KWANOVIMBA ACCESS ROAD, WARD 18 T 1

__________ __________ __________ __________ __________ __________ Contractor Witness 1 Witness 2 Employer Witness 1 Witness 2




PART T1 : BIDING PROCEDURES

TABLE OF CONTENTS

T1.1 Bid Notice and Invitation to Bid

T1.1.1 Functionality

T1.2 Bid Data



T.1.1 BID NOTICE AND INVITATION TO BID

Ndwedwe Local Municipality hereby invites Tenderers from suitably qualified Civil Engineering Companies for the Construction of KwaNovimba Access Road in Ward 18.

NAME TENDER No. Minimum Standards Required Closing Date

CONSTRUCTION OF KWANOVIMBA ROAD, WARD

18 NDWB 30/17/18 4 CEor Higher 29 March 2018

Only Tenderers with Construction Industry Development Board (CIDB) category and classification grading as indicated above will be considered for award. This tender will be evaluated on the 80/20 preferential procurement policy framework (PPPFA), notwithstanding that the evaluation will also examine the experience of the tenderer which must be submitted with proof of experience in the form of the “Practical Completion Certificates” or “Final Completion Certificates” of previous projects of similar size and nature. Tenderers need to score a minimum of 70 % in terms of the “Pre-qualification” before the tender is considered for further evaluation. This project intends to promote the following in the execution of the contract:

The use of unemployed men and woman in the unskilled and semi-skilled labour force, with preference being

given to local residents.

A compulsory briefing session to be held at Ndwedwe Main Office, Lot 47-48, P100 Road, Ndwedwe on 23 March 2018 at 10:00 AM. (Tender documents must be in the possession of the Tenderer prior to the commencement of the compulsory meeting, “NB: No document No consideration”). Kindly note that the Bid Documents will only be available on E-Tender Website from 14

th March 2018. A non-

refundable fee of R0.00 will be charged per document. Sealed Tender documents marked with a relevant “Tender name and Tender Number” must be deposited in the Tender box at the Ndwedwe Municipal offices no later than 13h00 noon on the 23 March 2018 where after all tenders will be

opened in public. Emailed, faxed and late submissions will not be considered and the Municipality shall not be held responsible for any couriered documents. The Ndwedwe Local Municipality subscribes to the Preferential Procurement Regulations 2012, pertaining to the preferential procurement policy framework act (PPPFA) principles whereby a tenderer’s submission will be evaluated according to the sum of the award of points in respect of the tender value and the B-BBEE status of the contributor. A valid copy of Tax Clearance Certificate MUST be submitted with the tender document.

For document enquiries contact the Supply Chain Manager Ms Mati Nkabinde on 032 532 5019 The Ndwedwe Local Municipality does not bind itself to accepting the lowest or any tender submitted, either wholly or in part or for any given reason for such actions. T.P CELE …………………………………….. MUNICIPAL MANAGER



BID NUMBER.: NDWB 30/17/18





BID NUMBER.: NDWB 30/17/18

T.1.1.1 Functionality Evaluation will be based on the 80/20 point system, where the following are the maximum points that can be awarded for each category. Minimum qualifying score is 70%, Bids who fail to achieve minimum score and do not complete the scorecard will be disqualified and will be deemed non-responsive.

Description Allocation of Points Score Max.

Points Points Scored by The Bidder

Experience of Tenderer

(reference name and contract details) Certified copy letter of Appointment and certified copy completion certificate for all projects must be attached and are required to points Failure to submit will results in no score being given

5 completed gravel roads projects



Completed projects are not of similar scope of works

25

15

5

0

25

Project Team Expertise

Certified qualification certificate and ID copies of ALL key personnel must be

attached to claim points. Signed CV’s of ALL proposed

key personnel are also required to claim points Failure to submit will results in no score being given

Site Agent

- BEng/BTech degree: Civil Engineering

and at least 5 years post graduate

experience of similar scope of works.

- N. Diploma: Civil Engineering and

atleast 3 years post graduate experience

of similar scope of works.

- N. Diploma: Civil Engineering and less 3

years post graduate experience of similar

scope of works.

Foreman

- 10 years or more years experience of

similar projects.

- 5 to 10 years experience in similar project.

- Less than 5 years experience in similar

projects.

15

8

5

5

3

0

20

Availability of plants

Contractor to submit list of plant owned by the company certified copies of Logbook or original letter and Logbook

from the Plant Hire. Failure to submit will result in no scoring being given

1x Grader

1x Smooth drum

1x pad-foot roller

2x Tipper Truck

1x TLB

1x Water tanker

1x Excavator

5

5

5

5

5

5

5

35



Community Development and training Proposal

Community Development and Training proposal submission Failure to submit will result in no scoring being given

The South Africa Government has undertaken to drive the “radical economic” transformation of marginalized and previously disadvantaged individuals. In this regard, Ndwedwe Local Municipality has made an undertaking; in line with this national stance and policy, to facilitate the transfer of skills, training and economic development of local contractors. To this end, 20% of the project cost be allocated to Level 1 CIDB contractor in a bid to not only up-skill

them, but promote economic emancipation in the municipality’s jurisdiction. As part of the submission, tender must provide a proposal on the economic transformation strategies that they will employ to meet the set economic transformation goals. This proposal and the one drafted by the municipality’s technical team would be utilized to meet the set targets. The proposal must outline: - Employment creation strategies, - How community involvement will be

promoted, Briefly description on how it will be implemented through subcontractors and skills development (Training) on local labour

- Skills gap analysis, transfer strategies including cost estimates and measurement thereof,

- Value add services e.g. training of 1-3 semi-skilled community members using a selected CETA unit standard. (10 pages maximum)

- It will be evaluated thus: Good: Proposal meets all the requirements and

shows an understanding of EPWP and LIC legislation. Acceptable: Proposal does not meet all the

requirements and shows a limited understanding of EPWP and LIC legislation. No submission

20

8

0

20

Total 100

PLEASE NOTE:

1. BIDDERS ARE REQUIRED TO PROVIDE PROOF FOR EACH OF THE ABOVE NAMELY COMPANY REGISTRATION, QUALIFICATIONS DOCUMENTS, AND REFERENCE LETTERS FOR PREVIOUSLY COMPLETED PROJECTS. FAILURE TO DO SO WILL RENDER THE BID INVALID.

2. FAILURE TO COMPLETE THE PRE – QUALIFICATION SCORE CARD WILL DISQUALIFY YOUR PROPOSAL AND BIDDERS NEED TO SCORE A MINIMUM OF 70 POINTS OUT OF 100 (i.e. 70%) TO BE ELIGIBLE.

3. ONLY BIDDERS WHO HAVE ACHIEVED THE MINIMUM SCORE OF 70% FOR FUNCTIONALITY WILL BE

EVALUATED FURTHER.

Technical enquiries can be directed to Mr Thabani Fakude during office hours on Office: 032 532 5114 Evaluation of bids will be in accordance with the Council’s Procurement Policy






Proof of experience of the company on projects of a similar nature and value

(5 points per project to a maximum of 25 points )

The Bidder must attach to this page, certified copy Appointment letter and completion certificate for all listed projects.






Qualified professional staff in the Civil Engineering field with experience of similar scope of work

(maximum of 20 points)

The Bidder must attach to this page the Signed CV’s along with certified qualifications and ID copies of key personnel.






Availability of plants

(5 points per Plant maximum of 35 points)

The Bidder must attach to this page a list of Plant owned by the company certified copies of Logbook or original letter and logbook from the plant hire.






Community Development and Training proposal

(maximum of 20 points)

The Bidder must attach to this page Community Development and Training proposal.






T1.2 : BID DATA

The Conditions of Bid are the Standard Conditions of Bid as contained in Annex F of the CIDB Standard for Uniformity in Construction Procurement (refer: www.cidb.co.za) and included as Appendix A in this document. The Standard Conditions of Bid make several references to the Bid Data. The Bid Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the Standard Conditions of Bid. Each item of data given below is cross-referenced to the clause in the Standard Conditions of Bid to which it mainly applies.

Clause Wording (Data)

F.1.1 The employer is the NDWEDWE LOCAL MUNICIPALITY.

F.1.2 The Bid documents issued by the employer comprise:

PART T1 : BIDING PROCEDURES

T1.1: Bid Notice and Invitation to Bid

T1.1.1 Functionality

T1.2: Bid Data

T1.3 MBD Forms

PART T2 : RETURNABLE DOCUMENTS

T2.1: List of Returnable Documents

T2.2: Returnable Schedules

PART C1: AGREEMENTS AND CONTRACT DATA

C1.1: Form of Offer and Acceptance

C1.2: Contract Data

C1.3: Form of Guarantee

C1.4: Adjudicator’s Agreement (if applicable)

PART C2 : PRICING DATA

C2.1: Pricing Instructions

C2.2: Bills of Quantities

PART C3 : SCOPE OF WORKS

C3 Scope of Work

C3.1 Description of the Works

C3.2 Engineering

C3.3 Procurement

C3.4 Construction

C3.5 Management

C3.6 Annexes

PART C4 : SITE INFORMATION

PART C5 : BID DRAWINGS

http://www.cidb.co.za/



Clause Wording (Data)

F. 1.3 The Employer (Client) is:

Name: Ndwedwe Local Municipality

Address: Lot 47-48, P100 Road, Ndwedwe Village

Tel: 032 532 5000

Fax: 032 532 5032

Email: [email protected]

F.1.4 The Employer’s agent is:

Name: Dlamindlovu Consulting Engineers & Project Managers

Physical Address: 178 Joshua Gumede Road

Pinetown

3610

Tel: +27 (033) 342 2233- Fax No: +27 (086) 665 6691

E-mail: [email protected]

F.2.1 Only those Bidders who satisfy the following eligibility criteria are eligible to submit Bid :

a) Availability of resources.

b) Availability of skills to manage and perform the contract – including staff which satisfies EPWP requirements (if applicable).

c) Previous experience on contracts of a similar value and nature.

d) Financial standing and capability.

F.2.2 Only those Bidders who are registered with the CIDB, or are capable of being so prior to the evaluation of submissions, in a contractor grading designation equal to or higher than a contractor grading designation determined in accordance with the sum Bided for a 4CE or higher class of construction work, are eligible to submit Bids.

Joint ventures are eligible to submit bids 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 4CE or higher 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 Bid for a 4CE or higher class of construction works.

F.2.3 The following Bidders who are registered with the CIDB, or are capable of being so registered prior to the evaluation of submissions, are eligible to submit Bids:

a) contractors who have a contractor grading designation equal to or higher than a contractor grading designation determined in accordance with the sum Bid for a 4CE or higher Class of construction work, and

b) contractors registered as potentially emerging contractors with the CIDB who are registered in one contractor grading designation lower than that required in terms of (1) above and who satisfy the following criteria :

Joint ventures are eligible to submit Bid 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 4CE or higher 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 Bid for a 4CE or higher class of construction work, are eligible to submit Bids.



F.2.4 The arrangements for a compulsory clarification meeting are:

Location: NDWEDWE LOCAL MUNICIPALITY

Date: 23 March 2018

Starting time: 10h00

Confirmation of attendance to be notified at least one full working day in advance to:

Name: Ms. E. Mahlatsi

Tel: 033 345 2233 Fax: 033 345 2222

E-mail: [email protected]

F.2.5 If, a Bidder wishes to submit an alternative offer, the only criteria permitted for such alternative Bid 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 Bid 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 Bid offer will mean acceptance in principle of the offer. It will be an obligation of the contract for the Bid, 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 Bided 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 Bid offer communicated on paper shall be submitted as an original, plus 0 (nil) copies.

F.2.13.5 F.2.15.1

The Employer’s address for delivery of Bid offers and identification details to be shown on each Bid offer package are:

Location of Bid box: NDWEDWE LOCAL MUNICIPALITY

Identification details: “MUNICIPAL MANAGER, NDWEDWE LOCAL MUNICIPALITY,


BID NO.: NDWB 30/17/18 (NDWEDWE LOCAL MUNICIPALITY)

CLOSING DATE: Thursday, 29 March2018

Postal address: NDWEDWE LOCAL MUNICIPALITY

Private Bag X503 Ndwedwe 4342

F.2.13 A two-envelope procedure will not be followed.

F.2.15 The closing time for submission of Bid offers is 12h00 hours on 29 March 2018.

F.2.15 Telephonic, telegraphic, telex, facsimile or e-mailed Bid offers will not be accepted.

F.2.16 The Bid offer validity period is 120 days.

F2.18 The Bid 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

F.2.23 The Bidder is required to submit the following certificates with his Bid:

` 1) either a Certificate of Contractor Registration issued by the Construction Industry Development Board OR a copy of the Application Form for registration in terms of the Construction Industry Development Board Act (Form F006) and an original valid Tax Clearance Certificate issued by the South African Revenue Services.

2) a certificate certifying that the enterprise has no undisputed commitments to a municipality or other service provider in respect of which payment is overdue by more than 30 days (if greater than R10 million incl. VAT);

3) particulars of any contracts awarded by an organ of state during the last five years including particulars of any material non-compliance or dispute concerning their execution over this period (if

mailto:[email protected]



4) >R10 000 incl. VAT); and

5) 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 or payment from the municipality or municipal entity is expected to be transferred out of the Republic (if greater than R10 million incl. VAT).

F3.4 The time and location for opening of the Bid offers are in accordance with F.2.15 & F2.13.5

F.3.11 The procedure for the evaluation of responsive Bids is Method 4.

a) Scoring financial offer:

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 Bids received have a value in excess of R1 000 000 (R1 million); or

2) 80 where the financial value inclusive of VAT of one or more responsive Bid offers equals or is above R30 000 and up to R1 000 000.

b) Scoring Preferences

Up to 100 minus W1 Bid evaluation points will be awarded to Bids in respect of:

1) the BBBEE balanced scorecard - refer Appendix B.

2) Price

Preference points will be allocated as follows:

Price W1 = 80

BBBEE Score: 20 (max)

F.3.13.1 Bid offers will only be accepted on condition that :

a) the Bid has in his or her possession a Valid Tax Clearance Certificate issued by the South African Revenue Services;

b) the Bidder is registered with the Construction Industry Development Board in an appropriate contractor grading designation;

c) the Bidder or any of its directors is not listed in the Register of Bid 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; and

d) the Bidder 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

e) has completed the Compulsory Enterprise Questionnaire and there are no conflicts of interest which may impact on the Bidder’s ability to perform the contract in the best interests of the employer or potentially comprise the Bid process.

F.3.18 The number of paper copies of the signed contract to be provided by the Employer is ONE (1).






T1.2 MBD FORMS

FORM A: DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES (MBD8)

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

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

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

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

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

contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating

of Corrupt Activities Act (No 12 of 2004).

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

Item Question Yes No

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


4.3 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

http://www.treasury.gov.za/

http://www.treasury.gov.za/




4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months?

Yes

No


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

Yes

No


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

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

………………………………………... ………………………….. Signature Date

………………………………………. ………………………….. Position Name of Bidder






FORM B: DECLARATION OF INTEREST (MBD4)

1. No bid will be accepted from persons in the service of the state¹.

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.

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

3.1 Full Name of bidder or his or her representative: ………………………………………………………….

3.2 Identity Number: ………………………………………………………………………………………............

3.3 Position occupied in the Company (director, trustee, shareholder²): …..………………………………….

3.4 Company Registration Number: ………………………………………………………………………………

3.5 Tax Reference Number: ……………………………………………………………………………………….

3.6 VAT Registration Number: …………………………………………………………………………………….

3.7 The names of all directors / trustees / shareholders members, their individual identity numbers and state

employee numbers must be indicated in paragraph 4 below.

3.8 Are you presently in the service of the state? YES / NO

3.8.1 If yes, furnish particulars: …………………………………………………………………………………….

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

¹MSCM 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.

² Shareholder” means a person who owns shares in the company and is actively involved in the management of the company or business

and exercises control over the company.



3.9 Have you been in the service of the state for the past twelve months? YES / NO

3.9.1 If yes, furnish particulars: ……………………………………………………………………………………..

………………………………………………………………………………………………………………………….

3.10 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

3.10.1 If yes, furnish particulars: …………………………………………………………………………………..

………………………………………………………………………....................................................................

3.11 Are you, aware of any relationship (family, friend, other) between any other 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

3.11.1 If yes, furnish particulars: ……………………………………………………………………………………

…………………………………………………………………………………………………………………………..

3.12 Are any of the company’s directors, trustees, managers, principle shareholders or stakeholders in service of the

state? YES / NO


…………………………………………………………………………………………………………………………..

3.13 Are any spouse, child or parent of the company’s director’s trustees, managers, principle shareholders or

stakeholders in service of the state? YES / NO


…………………………………………………………………………………………………………………………..

3.14 Do you or any of the directors, trustees, managers, principle shareholders, or stakeholders of this company have

any interest in any other related companies or business whether or not they are bidding for this contract. YES / NO

3.14.1 If yes, furnish particulars: ……………………………………………………………………………………

4. Full details of directors / trustees / members / shareholders.

FULL NAME IDENTITY NUMBER STATE EMPLOYEE NUMBER



DECLARATION

I, the undersigned (name): ………………………………………………………………………… certify that the information furnished is correct. I accept that the state may act against me in terms of paragraph 23 of the General Conditions of Contract should this declaration prove to be false.

…………………………………………… ……………………………………….

Signature Date

…………………………………………… ………………………………………..

Capacity Name of Bidder






FORM C: DECLARATION OF GOOD STANDING REGARDING TAX (MBD 2)

It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been

made with South African Revenue Service (SARS) to meet the bidder’s tax obligations.

1) In order to meet this requirement bidders 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 bidders / individuals who wish to submit

bids.

2) SARS will then furnish the bidder 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 bid. Failure to submit the original

and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax

Clearance Certificate will not be acceptable.

4) In bids 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.






PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011

(MBD 6.1)

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/not 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 80

1.3.1.2 B-BBEE STATUS LEVEL OF CONTRIBUTION 20

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. 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;

FORM D: PREFERENCE SCHEDULE (MBD 6.1)



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 an 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;

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

min

min180

P

PPtPs or

min

min190

P

PPtPs

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:

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 6 12

4 5 10

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 subcontractor is an EME that has the capability and ability to execute the subcontract.

5.8 A person awarded a Contract may not subcontract 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 subcontracted to an EME that has the capability and ability to execute the subcontract.

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

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 SUBCONTRACTING

8.1 Will any portion of the contract be subcontracted? 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 subcontractor?...................................................................................

(iii) the B-BBEE status level of the subcontractor?.............................................................

(iv) whether the subcontractor is an EME? YES/NO (delete which is not applicable) 9 DECLARATION WITH REGARD TO COMPANY/FIRM 9.1 Name of company/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 Total number of years the company/firm has been in business? ………………………………… 9.8 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-BBEE 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

WITNESSES:

1. ............................................................. ............................................................ ................................................................ SIGNATURE(S) OF BIDDER(S)

2. ……………………………………….

……………………………………….. DATE: ...........................................................

ADDRESS: ...................................................

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

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






FORM E: CERTIFICATE OF INDEPENDENT BID DETERMINATION (MBD 9)

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.



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.



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






PART T2 : RETURNABLE DOCUMENTS

TABLE OF CONTENTS

T2.1 List of Returnable Documents

T2.2 Returnable Schedules






T2.1 : LIST OF RETURNABLE DOCUMENTS

The following documents are to be completed and returned, as they constitute the Bid. Whilst many of the returnable are required for the purpose of evaluating the Bids, some will form part of the subsequent contract, as they form the basis of the Bid offer.

For this reason, it is very important that Bids return all information requested.

The list of returnable documents comprises the following:

Returnable Schedules (Documents) for Tender Evaluation Purposes Yes/No

Schedule 1A Certificate of attendance of Site Inspection Meeting

Schedule 1B Compulsory Enterprise Questionnaire

Schedule 1C Authority for signatory

Schedule 1D Letter of Good Standing with Compensation Fund (COID)

Schedule 1E Tenderer’s Financial standing

Schedule 1F Original Valid Tax Clearance Certificate and Pin

Schedule 1G Certified B-BBEE Certificate Or Affidavit

Schedule 1H Contractor’s CIDB Registration Certificate

Schedule 1I Central Supplier’s Database registration certificate

Schedule 1J CK certificate

Schedule 1K Municipal levy clearance certificate

Schedule 1L Registration Certificate Of Unemployment Insurance Fund (UIF)

Schedule 1M Joint Venture Agreement, if applicable

Schedule 1N Record of Addenda to Tender Documents

Schedule 1O Contractor's Health and Safety Declaration (Form concerning fulfilment of the Construction Regulations, 2014)

Returnable Schedules (Documents) that will be incorporated into the contract Yes/No

Form of Offer and Acceptance (Part C1)

Contract Data (Part C1)

Priced Bill of Quantities (Part C2) C1.1

Performance guarantee (Part C1)

Agreement in Terms of the OHSA No 85 of 1993 (Part C1)

Scope of Work (Part C3)

Site information (Part C4)



Other Returnable Schedules (Documents) Required For Bid Evaluation Purposes Yes/No

Schedule 2A Key personnel Schedule

Schedule 2B Schedule of Plant and Equipment Available For The Contract

Schedule 2C Schedule of Work Satisfactorily Carried out by The Bidder

Schedule 2D Schedule of Proposed Subcontractors

Schedule 2E Proposed Amendments and Qualifications

Schedule 2F Preferential Procurement Schedule

Schedule 2G A Certificate Certifying That The Enterprise Has No Undisputed Commitments

Schedule 2H Particulars/Appointment Letter of any Contracts Awarded by an Organ of State During The Last Five Years

Schedule 2I EPWP Requirements

Schedule 2J Quality Control Plan






T2.2: RETURNABLE SCHEDULE

Returnable Schedules (Documents) for Tender Evaluation Purposes

Schedule 1A Certificate of attendance of Site Inspection Meeting

Schedule 1B Compulsory Enterprise Questionnaire

Schedule 1C Authority for signatory

Schedule 1D Letter of Good Standing with Compensation Fund (COID)

Schedule 1E Tenderer’s Financial standing

Schedule 1F Original Valid Tax Clearance Certificate and Pin

Schedule 1G Certified B-BBEE Certificate Or Affidavit

Schedule 1H Contractor’s CIDB Registration Certificate

Schedule 1I Central Supplier’s Database registration certificate

Schedule 1J CK certificate

Schedule 1K Municipal levy clearance certificate

Schedule 1L Registration Certificate Of Unemployment Insurance Fund (UIF)

Schedule 1M Joint Venture Agreement, if applicable

Schedule 1N Record of Addenda to Tender Documents

Schedule 1O Contractor's Health and Safety Declaration

(Form concerning fulfilment of the Construction Regulations, 2014)

Other Returnable Schedules (Documents) Required For Bid Evaluation Purposes

Schedule 2A Key personnel Schedule

Schedule 2B Schedule of Plant and Equipment Available For The Contract

Schedule 2C Schedule of Work Satisfactorily Carried out by The Bidder

Schedule 2D Schedule of Proposed Subcontractors

Schedule 2E Proposed Amendments and Qualifications

Schedule 2F Preferential Procurement Schedule

Schedule 2G A Certificate Certifying That The Enterprise Has No Undisputed Commitments

Schedule 2H Particulars/Appointment Letter of any Contracts Awarded by an Organ of State During The

Last Five Years

Schedule 2I EPWP Requirements

Schedule 2J Quality Control Plan

CONSTRUCTION OF KWANOVIMBA ACCESS ROAD, WARD 18 C 31





SCHEDULE 1A: CERTIFICATE OF ATTENDANCE AT CLARIFICATION MEETING

This is to certify that

........................................................................................................................................................................................ (Bid)

of ............................................................................................................................................................................... (address)

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

was represented by the person(s) named below at the compulsory meeting held for all Bids at ............................................

..................................................................... (Location) on ......................................... (date), starting at ..............................

We acknowledge that the purpose of the meeting was to acquaint ourselves with the site of the works and / or matters

incidental to doing the work specified in the Bid documents in order for us to take account of everything necessary when

compiling our rates and prices included in the Bid.

Particulars of person(s) attending the meeting:

Name ................................................................... Signature ........................................................

Capacity ...................................................................

Name ................................................................... Signature ........................................................

Capacity ...................................................................

Attendance of the above persons at the meeting is confirmed by the Employer’s representative, namely:

Name ................................................................... Signature ........................................................

Capacity ................................................................... Date & Time …………………………………………






SCHEDULE 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 .........................................................................................................................................................

Section 6: Record of 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

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 the board of directors of any municipal entity

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

an official of any municipality or municipal entity an employee of Parliament or a provincial legislature

If any of the above boxes are marked, disclose the following: (insert separate page if necessary)

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



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

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 the board of directors of any municipal entity

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

an official of any municipality or municipal 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 Bid 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 Biding entities submitting Bid offers and have no other relationship with any of the Bids or those responsible for compiling the scope of work that could cause or be interpreted as a conflict of interest;

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

* The schedule should be used where Bids are subject to the local Government: Municipal Finance Management Act






SCHEDULE 1C: AUTHORITY OF SIGNATORY

Indicate the status of the Bidder by ticking the appropriate box hereunder. The Bidder must complete the certificate set out below for the relevant category.

A Company

B Partnership

C Joint Venture

D Sole Proprietor

E Close Corporation

A. Certificate for Company

I, ....................................................................................... , chairperson of the board of directors of ............... …

........................................................................................... , hereby confirm that by resolution of the board (copy

attached) taken on ........................................................... 20…, Mr/Ms ..............................................................

acting in the capacity of .................................................... , was authorized to sign all documents in connection

with this Bid for contract ……………. and any contract resulting from it on behalf of the company.

As witnesses :

1. Chairman :

2.

Date :

Bids must attach a copy of the Resolution of the Board - refer Schedule 2B.

B. Certificate for Partnership

We, the undersigned, being the key partners in the business trading as ................................................................

........................................................ hereby authorize Mr/Ms ............ , ...................................................................

acting in the capacity of ................. ................................................... to sign all documents in connection with the

Bid for Contract .............................. ................................................... and any contract resulting from it on our

behalf.

NAME ADDRESS SIGNATURE DATE

NOTE : This certificate is to be completed and signed by all of the key partners upon whom rests the direction

of the affairs of the Partnership as a whole

C. Certificate for Joint Venture

We, the undersigned, are submitting this Bid offer in Joint Venture and hereby authorise Mr/Ms

.......................................................... , authorised signatory of the company .......................................................

.......................................................... , acting in the capacity of lead partner, to sign all documents in connection

with the Bid offer for Contract ........... and any contract resulting from it on our behalf.

This authorization is evidenced by the attached power of attorney signed by legally authorized signatories of all the partners to the Joint Venture.



NAME OF FIRM ADDRESS

AUTHORISING SIGNATURE, NAME & CAPACITY

Lead partner

D. Certificate for Sole Proprietor

I, ....................................................... hereby confirm that I am the sole owner of the business trading as

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

As witnesses:

1. Signature : Sole owner :

2. Date :

E. Certificate for Close Corporation

We, the undersigned, being the key members in the business trading as ...........................................................

............................................................................. hereby authorize Mr/Ms .........................................................

acting in the capacity of ...................................... , to sign all documents in connection with the Bid for Contract

............................................................................. and any contract resulting from it on our behalf.

NAME ADDRESS SIGNATURE DATE

NOTE: This certificate is to be completed and signed by all of the key-partners upon who rests the direction of

the affairs of the Partnership as a whole.






SCHEDULE 1D: LETTER OF GOOD STANDING WITH COMPENSATION FUND (COIDA)

The Bidder must attach Original (or certified copy) of the Workman’s Compensation Registration Certificate in accordance to the Compensation for Occupational Injuries and Diseases Act No. 130 of 1993, on this page. Failure to do so will lead to your Tender being disqualified






SCHEDULE 1E: TENDERER’S FINANCIAL STANDING (FINANCIAL REFERENCES)

Financial Statements

I/We agree, if required, to furnish an audited copy of the latest set of financial statements together with my/our Directors' and Auditors' report for consideration by the Employer. Details of Company's Bank

I/We hereby authorise the Employer/Engineer to approach all or any of the following banks for the purposes of obtaining a financial reference:

DESCRIPTION OF BANK DETAIL

BANK DETAILS APPLICABLE TO TENDERER’S HEAD OFFICE

Name of bank

Branch name

Branch code

Street address

Postal address

Name of manager

Telephone number

Fax number

Account number

Tenderer’s Tax Details

Tenderer’s VAT vendor registration number: ...................................................................................................... Tenderer’s SARS tax reference number: ............................................................................................................ NAME: ………………………………………………… POSITION: ……………………………….. SIGNATURE: .......................................………………… DATE: ……....................................... (of person authorised to sign on behalf of the Tenderer)






SCHEDULE 1F: ORIGINAL VALID TAX CLEARANCE CERTIFICATE AND PIN

It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the bidder’s tax obligations. 1 In order to meet this requirement bidders 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 bidders / individuals who wish to submit bids.

2 SARS will then furnish the bidder 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 bid. Failure to submit the original and valid

Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax Clearance Certificate will not be acceptable.

4 In bids 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 .

[A Valid Tax Clearance Certificate and PIN obtained from SARS to be inserted here]

http://www.sars.gov.za/

http://www.sars.gov.za/






SCHEDULE 1G: CERTIFIED B-BBEE CERTIFICATE OR AFFIDAVIT

[The Bidder shall insert to this page a BBBEE certificate. 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).] Joint Ventures should attach here a consolidated BBBEE Certificate.






SCHEDULE 1H: CERTIFICATE OF CONTRACTOR REGISTRATION

ISSUED BY THE CIDB

The Bidder must attach to this page a copy of their CIDB Certificate.

Failure of the Tenderer to complete and sign the schedules above and submit the required documentation will result in rejection of the Tender offer






SCHEDULE 1I: REGISTRATION ON CENTRAL SUPPLIER DATABASE

The Bidder is required to fill in CSD number on cover page.

The Bidder is required to attach proof of registration Central Supplier Database. Failure of the Tenderer to complete and sign the schedules above and submit the required documentation will result in rejection of the Tender offer






SCHEDULE 1J: CK/ PTY DOCUMENATION

The Bidder is required to attach CK/ PTY documents and certified ID copies of directors.






SCHEDULE 1K: MUNICIPAL LEVY PAYMENT

The Bidder must attach to this page proof of registration with the Municipalities (local and/or district) as a payer of municipal levies.






SCHEDULE 1L: REGISTRATION CERTIFICATE OF UNEMPLOYMENT INSURANCE FUND (UIF)

The Bidder must attach to this page proof of registration with Unemployment Insurance Fund (UIF).






SCHEDULE 1M: CERTIFICATE OF AUTHORITY FOR JOINT VENTURES (if applicable)

This returnable schedule is to be completed by joint ventures.

We, the undersigned, are submitting this Bid offer in joint venture and hereby authorize Mr/Ms ............................................

………………………….., authorised signatory of the company, close corporation or partnership ...........................................

.............................................................................................. , acting in the capacity of lead partner, to sign all documents in

connection with the Bid offer and any contract resulting from it on our behalf.

NAME OF FIRM ADDRESS DULY AUTHORISED SIGNATORY

Lead partner Signature

Name

Designation

Signature

Name

Designation

Signature

Name

Designation

NOTE: A copy of the Joint Venture Agreement showing clearly the percentage contribution of each partner to the

Joint Venture shall be appended to this schedule.






SCHEDULE 1N: RECORD OF ADDENDA TO BID DOCUMENTS

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

No. Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Attach additional pages if more space is required.

Signed .................................................................. Date .......................................................... Name .................................................................. Position .......................................................... Bidder ...........................................................................................................................................................................






SCHEDULE 1O: FORM CONCERNING FULFILMENT OF THE CONSTRUCTION REGULATIONS, 2014

[NOTE: this form must be completed concerning fulfilment of the construction regulations, 2014] In terms of Regulation 4(3) of the Construction Regulations, 2014 (hereinafter referred to as the Regulations), promulgated on 7 February 2014 in terms of Section 43 of the Occupational Health and Safety Act, 1993 (Act No 85 of 1993), the Employer shall not appoint a Contractor to perform construction work unless the Contractor can satisfy the Employer that his/her firm has the necessary competencies and resources to carry out the work safely and has allowed adequately in his/her Tender for the due fulfilment of all the applicable requirements of the Act and the Regulations. 1 I confirm that I am fully conversant with the Regulations and that my company has (or will acquire/procure) the

necessary competencies and resources to timeously, safely and successfully comply with all of the requirements of the Regulations. (Tick)

2 Proposed approach to achieve compliance with the Regulations (Tick)

Own resources, competent in terms of the Regulations (refer to 3 below)

Own resources, still to be hired and/or trained (until competency is achieved)

Specialist subcontract resources (competent) - specify:

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

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

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

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

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

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

3 Provide details of proposed key persons, competent in terms of the Regulations, who will form part of the Contract team as specified in the Regulations (CVs to be attached):

.................................................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. 4 Provide details of proposed training (if any) that will be undergone: .................................................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. ..................................................................................................................................................................

YES

NO



.................................................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. 5 Potential key risks identified and measures for addressing risks: .................................................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. 6 I have fully included in my tendered rates and prices (in the appropriate payment items provided in the Schedule of

Quantities) for all resources, actions, training and any other costs required for the due fulfilment of the Regulations for the duration of the construction and defects repair period. (Tick)

7 The Tenderer shall attach to this Form evidence that he is registered and in good standing with a compensation

insurer who is approved by Department of Labour in terms of section 80 of the Compensation for Injury and Disease Act, 1993 (Act No 130 of 1993)(COIDA).

The Tenderer is required to disclose, by also attaching documentary evidence to this form, all inspections,

investigations and their outcomes conducted by the Department of Labour into the conduct of the Tenderer at any time during the 36 months preceding the date of this Tender.

SIGNATURE OF PERSON(S) AUTHORISED TO SIGN THIS TENDER: 1 ................................................................... ID NO: .................................................................. 2 ................................................................... ID NO: ..................................................................

YES

NO



I, the undersigned, in submitting the accompanying bid:


CONSTRUCTION OF KWANOVIMBA ACCESS ROAD (WARD 18)

(Bid Number and Description)

in response to the invitation for the bid made by: NDWEDWE LOCAL MUNICIPALITY

(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 TENDERER)

11. I have read and I understand the contents of this Certificate;

12. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in

every respect;

13. I am authorized by the TENDERER to sign this Certificate, and to submit the accompanying bid, on behalf of the

TENDERER;

14. Each person whose signature appears on the accompanying bid has been authorized by the TENDERER to

determine the terms of, and to sign, the bid, on behalf of the TENDERER;

15. 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 TENDERER, whether or not affiliated with the TENDERER, 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 TENDERER and/or is in the same line of business

as the TENDERER

16. The TENDERER 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.

17. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication,

agreement or arrangement with any competitor regarding:

(c) prices;

(d) 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.

18. 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.

19. The terms of the accompanying bid have not been, and will not be, disclosed by the TENDERER, directly or

indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract.



10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive

practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for

investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No

89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or

may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in

terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation.

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.

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

SIGNATURE DATE

…………………………………………………. ………………………………….………………

POSITION NAME OF TENDERER






SCHEDULE 2A: PERSONNEL SCHEDULE

Job Description Non-Local Local

Contract Manager

Site Agent

Safety Officer

Quantity Surveyor

Surveyors

General Foreman

Foremen

Community Officers

Clerks

Operators

Watchmen

Gang Bosses

Brick Layers

Labourers

* Other

* Other

* Other

* To be filled in by Bid Signed .................................................................. Date ..........................................................

Name .................................................................. Position ..........................................................

Bidder .................................................................. …………………………………………………………………….






SCHEDULE 2B: SCHEDULE OF PLANT AND EQUIPMENT AVAILABLE FOR THE CONTRACT

The following are lists of major items of relevant equipment that I/we presently own or lease and will have

available for this contract or will acquire or hire for this contract if my/our Bid is accepted.

(a) Details of major equipment that is owned or will be hired by contractor and immediately available for this contract. (Proof of ownership from contractor/ plant hire and corresponding Logbook for each equipment will be required)

Quantity Description, Size, Capacity, etc

- Tipper truck

- Smooth drum roller

- Padfoot roller

- Grader

- Watercart

Attach additional pages if more space is required. (b) Details of major equipment that will be hired, or acquired for this contract if my/our Bid is acceptable.

Quantity Description, Size, Capacity, etc

Attach additional pages if more space is required.

Signed .................................................................. Date ..........................................................

Name .................................................................. Position ..........................................................

Bidder ...........................................................................................................................................................................






SCHEDULE 2C: SCHEDULE OF WORK SATISFACTORILY CARRIED OUT BY THE BIDDER

The following is a statement of similar work successfully executed by myself/ourselves:

Employer, contact person and telephone number

Description of Contract Value of Work Inclusive of VAT (Rand)

Date Completed

Name .................................................................. Position ..........................................................






SCHEDULE 2D: SCHEDULE OF PROPOSED SUBCONTRACTORS

We notify you that it is our intention to employ the following Subcontractors to work on this contract. If we are awarded the contract we agree that this notification does not change the requirement for us to submit the names of proposed Subcontractors 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

No. Name and Address of Proposed Subcontractor

Nature and Extent of Work Previous Experience with Subcontractor

1.

2.

3.

4.

5.

6.

7.

Signed .................................................................. Date ..........................................................

Name .................................................................. Position ..........................................................

Bidder ...........................................................................................................................................................................






SCHEDULE 2E: PROPOSED AMENDMENTS AND QUALIFICATIONS

The Bidder should record any deviations or qualifications he may wish to make to the Bid documents in this Returnable Schedule. Alternatively, a Bid may state such deviations and qualifications in a covering letter to his Bid and reference such letter in this schedule.

The Bidder’s attention is drawn to clause F.3.8 of the Standard Conditions of Bid referenced in the Bid Data regarding the employer’s handling of material deviations and qualifications.

Page Clause or Item Proposal

Signed .................................................................. Date .......................................................... Name .................................................................. Position .......................................................... Bidder ...........................................................................................................................................................................






SCHEDULE 2F: PREFERENTIAL PROCUREMENT SCHEDULE

Bidders who wish to claim preference points in terms of Clause 3.11 of the Bid Data must complete the schedule and sign the Declaration at the end of the schedule. Failure on the part of the Bid to fill in and/or to sign this schedule will be interpreted to mean that preference points are not claimed.

A. POINTS FOR BBBEE

Bidders who wish to claim points for this goal must complete the attached scorecard.

No points will be awarded if the total percentage score is less than 40 %.

For competitive bids / price quotations up to a Rand value of R1 million:

NB: The total score out of 100 % must be converted to a point out of a maximum of 10 points for BBBEE.

For competitive bids with a Rand value above R 1 million:

NB: The total score out of 100 % must be converted to a point out of a maximum of 10 points for BBBEE.

B. POINTS FOR LOCAL BIDDERS

B.1 Points Claimed

Points will be awarded as follows:

Bidders operating from the jurisdiction of the NDWEDWE LOCAL MUNICIPALITY may claim 1 (10) or 2 (20) points and a further 2 (10) or 3 (20) shall be granted to Bids operating from the judicial area of the Ndwedwe Local Municipality.

Points claimed: = ……………………..

The claim/award of points will be based on the information furnished in Section B2.

B.2 Declaration with regard to Locality

State full particulars of locality of enterprise as well as that of Head Office:

B.2.1 Address of head office of enterprise: Physical:

Postal: ........................................................................................................................................................

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

Telephone: ......................................................................... Fax: .............................................................

RSC levy payer’s registration number: .................................................................................................................

NB: A Valid Levy Registration Certificate must be attached - refer Schedule 2E

B.2.2 Address of local enterprise within NDWEDWE LOCAL MUNICIPALITY:

Physical: ..............................................................................................................................................................



Postal: ........................................................................................................................................................

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

Telephone: ......................................................................... Fax: .............................................................

RSC levy payers registration number: ..................................................................................................................

B.2.3 Address of local enterprise within ……………………..Municipality:

Physical: ..............................................................................................................................................................

Postal: ........................................................................................................................................................

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

Telephone: ......................................................................... Fax: .............................................................

RSC levy payer’s registration number: .................................................................................................................

Failure by the Bidder to provide the information in Section B2 will result in no preference points being awarded for this category.

C. DECLARATION

I/we, the undersigned, who warrants that he/she is duly authorised to do so on behalf of the firm certify that points claimed, based on the equity ownership, indicated in paragraph 8 of the foregoing certificate, qualifies the firm for the preference(s) shown and I / we acknowledge that: i) The information furnished is true and correct. ii) In the event of a contract being awarded as a result of points claimed, the contractor may be required to

furnish documentary proof to the satisfaction of the employer that the claims are correct. iii) If the claims are found to be incorrect, the employer may, in addition to any other remedy it may have -

a) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; and

b) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation;

1.

WITNESSES

SIGNATURE (S) OF BID(S)

2.

WITNESSES

DATE:

ADDRESS






SCHEDULE 2G: A CERTIFICATE CERTIFYING THAT THE ENTERPRISE HAS NO UNDISPUTED COMMITMENTS

The Bidder must attach to this page the required Certificate.






SCHEDULE 2H: PARTICULARS/APPOINTMENT LETTER OF ANY CONTRACTS AWARDED BY AN ORGAN OF STATE DURING THE LAST FIVE YEARS

The Bidder must attach to this page their particulars/appointment letter as requested.






SCHEDULE 2I: EPWP REQUIREMENTS

a. Schedule of Labour Content

The tenderer must complete a standard table reflecting the labour force anticipated to be employed on this contract,

including labour employed by sub-contractors. The Specified target value is ………. %

Type of Labour Man-Days Minimum Wage Rate per unit

Total Wage Cost (Excl. VAT)

Permanent Staff

Temporary Staff

SMME/HDEs Labour

Total

Percentage

[NOTES:

(1) Labour is defined as hourly paid personal (2) The penalty for non-compliance during the contract or fraudulent disclosure is discussed in CONTRACT DATA

section.]

b. Name of Training Institution

Name of Programme

Trainers Name Qualification Subject

[Notes:

(1) Provide details here, or attached hereto, the subjects to be covered and the manner in which training is to be delivered.]






SCHEDULE 2J: QUALITY CONTROL PLAN

[The Tenderer shall attach the required document here.] The Quality Control Plan must detail the following to get full points: 1. Tenderer’s proposed methodology for the works,

2. Health and safety management plan, and

3. Quality control measures (testing, inspections, technical query management and project reporting).

4. Contractor is certified as with the Quality Management System to ISO9001:2008 or 2015 standard and has attached a

certified copy of the certification. (5 pages maximum)






PART C1 : AGREEMENT AND CONTRACT DATA

TABLE OF CONTENTS

C1.1 Form of Offer and Acceptance

C1.2 Contract Data

C1.3 Form of Guarantee

C1.4 Adjudicator’s Agreement (if applicable)

C1.5 Safety Agreement






C1.1 : FORM OF OFFER AND ACCEPTANCE

1. OFFER

The employer, identified in the acceptance signature block, has solicited offers to enter into a contract for the procurement of:

CONSTRUCTION OF KWANOVIMBA ACCESS ROAD WITHIN NDWEDWE LOCAL MUNICIPALITY.

The Bidder, identified in the offer signature block, has examined the documents listed in the Bid data and addenda thereto as listed in the Bid schedules, and by submitting this offer has accepted the conditions of Bid.

By the representative of the Bidder, deemed to be duly authorized, signing this part of this form of offer and acceptance, the Bidder 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 Bidder before the end of the period of validity stated in the Bid data, whereupon the Bidder becomes the party named as the contractor in terms of the conditions of contract identified in the contract data.

Signature(s) .......................................................... ..................................................................

Name(s) .......................................................... ..................................................................

Capacity .......................................................... ..................................................................

for the Bid ..................................................................................................................................................................

(Name and address of organization)

Witness

Name and signature .......................................................... …………………………… ...........................

Date .............................................................

2. ACCEPTANCE

By signing this part of this form of offer and acceptance, the employer identified below accepts the Bidder’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 Bidder’s offer shall form an agreement between the employer and the Bidder 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 C1 to C4 above.

Deviations from and amendments to the documents listed in the Bid data and any addenda thereto, as listed in the Bid schedules as well as any changes to the terms of the offer agreed by the Bidder 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 Bidder shall, within two weeks after receiving a completed copy of this agreement including the schedule of deviation (if any), contact the employer’s agent (whose details are given in the contract data) to arrange the delivery of any bonds, guarantees, proof 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 the 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 Bidder receives one fully completed original copy of this document, including the schedule of deviations (if any). Unless the Bidder (now contractor), within five (5) 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.

1

Signature(s) ........................................................ ..................................................................

Name(s) ........................................................ ..................................................................

Capacity ........................................................ ..................................................................

Name and address of Employer: Ndwedwe Local Municipality, Lot 46-47 P100 Road, Ndwedwe 4342

Name and signature of witness ........................................................ Date .......................................................

1 As an alternative the following wording may be used :

Notwithstanding anything contained herein, this agreement comes into effect two (2) working days after the submission by the Employer of one fully completed original copy of this document, including the schedule of deviations (if any), to a courier-to-counter delivery / counter-to-counter delivery / door-to-counter delivery / door-to-door delivery / courier service (delete that which is not applicable), provided that the Employer notifies the Bidder of the tracking number within 24 hours of such submission. Unless the Bidder (now contractor) within seven (7) working days of the date of such submission 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.



3. SCHEDULE OF DEVIATIONS

Notes:

1. The extent of deviations from the Bid documents issued by the employer before the Bid closing date is limited to those permitted in terms of the conditions of Bid.

2. A Bidder’s covering letter shall not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid, be 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 Bid documents, and which it is agreed by the Parties becomes an obligation of the contract, shall also be recorded here.

4. Any change or addition to the Bid 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 authorized representatives signing this schedule of deviations, the employer and the Bidder agree to and accept the foregoing schedule of deviations as the only deviations from and amendments to the documents listed in the Bid data and addenda thereto as listed in the Bid schedules, as well as any confirmation, clarification or changes to the terms of the offer agreed by the Bidder and the employer during this process of offer and acceptance.

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






C1.2: CONTRACT DATA (PART 1)

The Conditions of Contract are the General Conditions of Contract for Construction Works (2004) published by the South African Institution of Civil Engineering (SAICE). Copies of these conditions of contract may be obtained from the SAICE Tel no.: (0)11 805 5947.

The General Conditions of Contract for Construction Works make several references to the Contract Data. The Contract Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the General Conditions of Contract.

Each item of data given below is cross-referenced to the clause in the General Conditions of Contract for Construction Works to which it mainly applies.

PART 1 : DATA PROVIDED BY THE EMPLOYER

Clause Description

1.1.14 The Employer is the NDWEDWE LOCAL MUNICIPALITY

1.2.2 The Employer’s address for receipt of communications and notices is :

Telephone: (032)-342-7800 Facsimile: (032)-532-5032

Address (Postal) : Private Bag X503 (Physical): P100 Road,

Ndwedwe Ndwedwe

4342 4342

1.1.15 The Engineer is Dlamindlovu Consulting Engineers & Project Managers

1.2.2 The Engineer’s address for receipt of communications and notices is :

Telephone: (033)-342-2233 Facsimile: (086)-665-6691

Physical : 178 Josiah Gumede Road

Pinetown

3610

1.1.13 The time for completing the works is 4 months from the day of signing the acceptance letter.

1.6 and 38 The special non-working days are public holidays, Sundays and the year-end break. These days will be excluded from time calculations.

1.6 The year-end break commences on 15 December 2018 and ends on 06 January 2019

2.3 The Engineer is required to obtain the specific approval of the Employer before executing any of the following functions or duties:

a) The issuing of a variation order in terms of Clause 36.2.

b) Approval of extension of time in terms of Clause 42.2.

c) Approval of penalties in terms of Clause 43.1.

d) Approval to utilize the contingencies

4.5.2 Replace the term “Safety” with “Occupational Health and Safety”.

7 The time to deliver the Deed of Guarantee is 14 days of the Commencement Date



Clause Description

The Form of Guarantee is to contain the wording of the document included in C1.3.

The liability of the Guarantee shall be for 10 % of the Bid Price.

10 The Contractor shall commence executing the Works within 14 days of the Commencement Date.

12.2 The Contractor shall deliver his programme of work within 14 days of the Commencement Date.

35.1.1.2.2 The value of the materials supplied by the Employer to be included in the insurance sum is R0-00 (Nil).

35.1.1.2.3 The amount to cover professional fees for repairing damage and loss to be included in the insurance sum is R0-00 (Nil).

35.1.3 The limit of indemnity for the liability insurance required is R5 million.

37.2.2.3 The percentage allowance to cover overhead charges for work executed on a day-work basis is 10%

43.1 The penalty for failing to complete the Works is R 3 000 per day

46.2 The value of the certificates issued shall be adjusted in accordance with the Contract Price Adjustment Schedule with the following values:

The value of “x” is 0,15

The values of the coefficients are :

a = 0,25

b = 0,25

c = 0,40

d = 0,10

The urban area nearest the Site is Stanger.

The base month is January

46.3 Price adjustments for variations in the costs of special materials are allowed. Refer Contract Data (Part 2).

49.1.5 The percentage advance on materials not yet built into the Permanent Works is 80%.

49.3 The percentage retention on the amounts due to the Contractor is 10 %.

49.3 The limit of retention money is 10 % of the Contract Price. No interest will be paid on retention money

49.6 A Retention Money Guarantee is permitted. Replace the term “Bank” with “Bank or Insurance Company” in Clauses 49.6.1 to 49.6.3.

51.5.3 Delete Clause 51.5.3 as retention monies shall not be halved at completion.

53.1 The Defects Liability Period is 12 months measured from the date of the Certificate of Completion.

55.1.8 Replace subclause with:

The Contractor or anyone on his behalf or in his employ would pay, offer or offer as payment to any person in the employ of the Employer, or in the employ of the Engineer, a gratuity or reward or commission.

Additional Conditions of Contract

EXTENSION OF TIME FOR ABNORMAL RAINFALL (OPTION 1)

Extensions of time in respect of clause 42 in respect of abnormal rainfall shall be calculated using the following formula for each calendar month or part thereof:

V =

X

RnRwNnNw



Clause Description

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 20 m 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 Scope of Work.

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.

Additional Clause EXTENSION OF TIME FOR ABNORMAL RAINFALL (OPTION 2)

A delay caused by inclement weather conditions will be regarded as a delay only if, in the opinion of the engineer, all progress on an item or items of work on the critical path of the working programme of the contractor has been brought to a halt. Delays on working days only (based on a five-day working week) will be taken into account for the extension of time, but the contractor shall make provision in his programme of work for an expected delay of "n”” working days caused by normal rainy weather, for which he will not receive any extension of time, where “n” equals …… days. Extension of time during working days will be granted to the degree to which actual delays, as defined above, exceed the number of "n" workings days as mentioned in the project specifications, and calculations will be done according to GCC.

Additional Clause MENTORING OF LEARNERS

Definition

Mentor means an experienced and trusted advisor appointed by the National Department of Public Works and tasked with the provision of assistance to the Learners and Learner Contracting Companies in the planning, execution and management of the on-site training projects.

Objectives of mentorship services

The National Department of Public Works’ objective in appointing a Mentor is to:

a) minimize the Public Body’s risk of the projects not being constructed to stated requirements, within budget and on time;

b) provide access to project and commercial expertise that Learner Contracting Companies may lack during the execution of the three projects which form an integral part of the EPWP Contractor Learnership Programme outlined in the Scope of Work.

c) capacitate Leaner Contracting Companies to successfully complete their contracts with the



Clause Description

Public Body and to work independently and profitably; and

d) identify learners who do not satisfy the requirements of the EPWP Learnership Programme and as such be removed from the programme.

Authority of mentors

The Mentor has no authority to relieve the Contractor or the Employer of any of his obligations under the Contract.

Payment for the labour-intensive component of the works

Payment for works identified in the Scope of Work as being labour-intensive shall only be made in accordance with the provisions of the Contract if the works are constructed strictly in accordance with the provisions of the scope of work. Any non-payment for such works shall not relieve the Contractor in any way from his obligations either in contract or in delist.

Applicable labour laws

The Ministerial Determination, Special Public Works Programmes, issued in terms of the Basic Conditions of Employment Act of 1997by the Minister of Labour in Government Notice N° 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.

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-

(e) skilled work;

(f) “management” means any person employed by a department or implementing agency

to administer or execute an SPWP;

(g) “task” means a fixed quantity of work;

(h) “task-based work” means work in which a worker is paid a fixed rate for performing a

task;

(i) “task-rated worker” means a worker paid on the basis of the number of tasks

completed;

(j) “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



Clause Description

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.

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

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.

4.3 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.

4.4 A worker is not entitled to be payment for the period of a meal break. However, a worker who is paid based on 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



Clause Description

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 payday.

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.

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 paid 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

(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.



Clause Description

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.

Payment

14. Payments

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;

(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



Clause Description

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 Act, 130 of 1993.

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.



Clause Description

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.




CONSTRUCTION OF KWANOVIMBA ACCESS ROAD, WARD 18 BID NUMBER: NDWB 30/17/18

C1.2 : CONTRACT DATA (PART 2)

PART 2: DATA PROVIDED BY THE CONTRACTOR

Clause Description

1.1.8 The Contractor is the …………………………… [Enter the Legal name of the Contractor].

1.2.2 The Contractor’s address for receipt of communications and notices is :

Telephone: ...................................... Facsimile: ...................................................

E-mail : ......................................

Address (Postal) : ................................ Address (Physical) : .........................................

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

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

37.2.2.3 The percentage allowance to cover all overhead charges is ........................................................... ...............................................

42.1 The Works shall be completed in ................................ days/weeks/months *(delete one).

[State the total number of days, weeks, months or years which must include the special non-working days and the year end break].

The Works shall be completed for the portions as set out in the Scope of Works for :

Portion 1 within ........................................................... (To be completed by the Compiler)

Portion 2 within ...........................................................

The whole of the Works shall be complete within .......

46.3 The variation in cost of special materials is :

Type of Material Unit Rate or Price

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

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

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






C1.3 : FORM OF GUARANTEE

Contract No. ................................

WHEREAS THE NDWEDWE LOCAL MUNICIPALITY

(hereinafter referred to as “the Employer”) entered into, a Contract with

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

(hereinafter called “the Contractor”) on the ................................................... day of ................................. 20 ......................

for the CONSTRUCTION OF KWANOVIMBA ACCESS ROAD, WARD 18

at ..........................................................................................................................................................................................

AND WHEREAS it is provided by such Contract that the Contractor shall provide the Employer with security by way of a guarantee for the due and faithful fulfilment of such Contract by the Contractor;

AND WHEREAS ..................................................................................................................................................................

has/have at the request of the Contractor, agreed to give such guarantee;

NOW THEREFORE WE, ......................................................................................................................................................

do hereby guarantee and bind ourselves jointly and severally as Guarantor and Co-principal Debtors to the Employer under renunciation of the benefits of division and excussion for the due and faithful performance by the Contractor of all the terms and conditions of the said Contract, subject to the following conditions:

1. The Employer shall, without reference and/or notice to us, have complete liberty of action to act in any manner authorized and/or contemplated by the terms of the said Contract, and/or to agree to any modifications, variations, alterations, directions or extensions of the Completion Date of the Works under the said Contract, and that its rights under this guarantee shall in no way be prejudiced nor our liability hereunder be affected by reason of any steps which the Employer may take under such Contract, or of any modification, variation, alterations of the Completion Date which the Employer may make, give, concede or agree to under the said Contract.

2. This guarantee shall be limited to the payment of a sum of money

3. The Employer shall be entitled, without reference to us, to release any guarantee held by it, and to give time to or compound or make any other arrangement with the Contractor.

4. This guarantee shall remain in full force and effect until the issue of the Certificate of Completion in terms of the Contract, unless we are advised in writing by the Employer before the issue of the said Certificate of his intention to institute claims, and the particulars thereof, in which event this guarantee shall remain in full force and effect until all such claims have been paid or liquidated.

5. Our total liability hereunder shall not exceed the Guaranteed Sum of

............................................................................................... (R ...................................................................... )

6. The Guarantor reserves the right to withdraw from this guarantee by depositing the Guaranteed Sum with the beneficiary, whereupon our liability hereunder shall cease.

7. We hereby choose our address for the serving of all notices for all purposes arising here from as



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

IN WITNESS WHEREOF this guarantee has been executed by us at .................................................................................

on this ..................................................................day of ......................................................................... 20 ........................

As witnesses:

1. .................................................................................... Signature ...................................................................

2. .................................................................................... Duly authorized to sign on behalf of

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

Address ......................................................................

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

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






C1.4 : ADJUDICATOR’S AGREEMENT

This agreement is made on the ............................................... day of .................................................................... between:

.............................................................................................................................................. (name of company/organisation)

of .............................................................................................................................................................................................

........................................................................................................................................................................... (address) and

.............................................................................................................................................. (name of company/organisation)

of .............................................................................................................................................................................................

.................................................................................................................................................................................. (address)

(the Parties) and

........................................................................................... (name)

of .............................................................................................................................................................................................

.................................................................................................................................................................................. (address)

(the Adjudicator).

Disputes or differences may arise/have arisen* between the Parties under a Contract dated ................................................

and known as ..........................................................................................................................................................................

and these disputes or differences shall be/have been* referred to adjudication in accordance with the CIBD Adjudication Procedure, (hereinafter called “the Procedure”) and the Adjudicator may be or has been requested to act.

* Delete as necessary

IT IS NOW AGREED as follows:

1. The rights and obligations of the Adjudicator and the Parties shall be as set out in the Procedure.

2. The Adjudicator hereby accepts the appointment and agrees to conduct the adjudication in accordance with the Procedure.

3. The Parties bind themselves jointly and severally to pay the Adjudicator’s fees and expenses in accordance with the Procedure as set out in the Contract Data.

4. The Parties and the Adjudicator shall at all times maintain the confidentiality of the adjudication and shall endeavour to ensure that anyone acting on their behalf or through them will do likewise, save with the consent of the other Parties which consent shall not be unreasonably refused.

5. The Adjudicator shall inform the Parties if he intends to destroy the documents which have been sent to him in relation to the adjudication and he shall retain documents for a further period at the request of either Party.



SIGNED by: SIGNED by: SIGNED by:

Name:

Name:

Name:

who warrants that he / she is duly authorised to sign for and on behalf of the first Party in the presence of



Witness Witness Witness

Name:

Name:

Name:

Address: Address: Address:

Date: Date: Date:

Contract Data

1. The Adjudicator shall be paid at the hourly rate of R………….. in respect of all time spent upon, or in connection with, the adjudication including time spent travelling.

2. The Adjudicator shall be reimbursed in respect of all disbursements properly made including, but not restricted to:

a) Printing, reproduction and purchase of documents, drawings, maps, records and photographs.

b) Telegrams, telex, faxes and telephone calls.

c) Postage and similar delivery charges.

d) Travelling, hotel expenses and other similar disbursements.

e) Room charges.

f) Charges for legal or technical advice obtained in accordance with the Procedure.

3. The Adjudicator shall be paid an appointment fee of R ……………. This fee shall become payable in equal amounts by each Party within fourteen (14) days of the appointment of the Adjudicator, subject to an Invoice being provided. This fee will be deducted from the final statement of any sums which shall become payable under item 1 and/or item 2 of the Contract Data. if the final statement is less than the appointment fee, the balance shall be refunded to the Parties.

4. The Adjudicator is/is not* currently registered for VAT.

5. Where the Adjudicator is registered for VAT, it shall be charged additional in accordance with the rates current at the date of invoice.

6. All payments, other than the appointment fee (item 3) shall become due seven (7) days after receipt of invoice, thereafter interest shall be payable at 5 % per annum above the Reserve Bank base rate for every day the amount remains outstanding.

* Delete as necessary






C1.5 : SAFETY AGREEMENT

AGREEMENT IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH AND SAFETY ACT

NO 85 OF 1993

THIS AGREEMENT is made between THE NDWEDWE LOCAL MUNICIPALITY (hereinafter called the EMPLOYER) of

the one part, herein represented by: ........................................................................................................................

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

in his capacity as: ......................................................................................................................................................

AND:

(hereinafter called the CONTRACTOR) of the other part, herein represented by ......................................................

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

in his capacity as: ......................................................................................................................................................

duly authorized to sign on behalf of the Contractor.

WHEREAS the CONTRACTOR is the Mandatory of the EMPLOYER in consequence of an agreement between the

CONTRACTOR and the EMPLOYER in respect of

BID No: .NDWB 30/17/18, (CONTRACT TITLE) ………………………………………………………………………

.......................................................................... for the construction, completion and maintenance of the works;

AND WHEREAS the EMPLOYER and the CONTRACTOR have agreed to enter into an agreement in terms of the

provisions of Section 37(2) of the Occupational Health and Safety Act No 85 of 1993, as amended by OHSA

Amendment Act No 85 of 1993 (hereinafter referred to as the ACT);

NOW THEREFORE the parties agree as follows:

1. The CONTRACTOR undertakes to acquaint the appropriate officials and employees of the CONTRACTOR

with all relevant provisions of the ACT and the regulations promulgated in terms thereof.

2. The CONTRACTOR undertakes to fully comply with all relevant duties, obligations and prohibitions imposed in

terms of the ACT and Regulations: Provided that should the EMPLOYER have prescribed certain arrangements

and procedures that same shall be observed and adhered to by the CONTRACTOR, his officials and employees.

The CONTRACTOR shall bear the onus of acquainting himself/herself/itself with such arrangements and

procedures.

3. The CONTRACTOR hereby accepts sole liability for such due compliance with the relevant duties, obligations,

prohibitions, arrangements and procedures, if any, imposed by the ACT and Regulations, and the

CONTRACTOR expressly absolves the EMPLOYER and the Employer’s CONSULTING ENGINEERS from being

obliged to comply with any of the aforesaid duties, obligations, prohibitions, arrangements and procedures in

respect of the work included in the contract.

4. The CONTRACTOR agrees that any duly authorized officials of the EMPLOYER shall be entitled, although not

obliged, to take such steps as may be necessary to ensure that the CONTRACTOR has complied with his

undertakings as more fully set out in paragraphs 1 and 2 above, which steps may include, but shall not be limited



to, the right to inspect any appropriate site or premises occupied by the CONTRACTOR, or to take such steps it

may deem necessary to remedy the default of the CONTRACTOR at the cost of the CONTRACTOR.

5. The CONTRACTOR shall be obliged to report forthwith to the EMPLOYER any investigation, complaint or

criminal charge which may arise as a consequence of the provisions of the ACT and Regulations, pursuant to

work performed in terms of this agreement, and shall, on written demand, provide full details in writing of such

investigation, complaint or criminal charge.

Thus signed at ................................................................................... for and on behalf of the CONTRACTOR

on this the ........................ day of ………………………………….. 20………

SIGNATURE: .............................................................................................................................................................

NAME AND SURNAME: ...........................................................................................................................................

CAPACITY: ...............................................................................................................................................................

WITNESSES: 1. ...............................................................................................................

2. ................................................................................................................

Thus signed at ......................................................................................... for and on behalf of the EMPLOYER

on this the ……………….. day of ........................................................... 20………

SIGNATURE: .............................................................................................................................................................

NAME AND SURNAME: ...........................................................................................................................................

CAPACITY: ...............................................................................................................................................................

WITNESSES: 1. .................................................................................................................. .

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

EPWP REQUIREMENTS

Payment for the labour-intensive component of the works

Payment for works identified in the Scope of Work as being labour-intensive shall only be made in accordance with the

provisions of the Contract if the works are constructed strictly in accordance with the provisions of the Scope of Work. Any

non-payment for such works shall not relieve the Contractor in any way from his obligations either in contract or in delict.

Contractor’s default in payment to labourers and employees:

Any dispute between the Contractor and Labourers, regarding delayed payment or default in payment of fair wages, if not

resolved immediately may compel the Employer to intervene.

The Employer may, upon the Contractor defaulting payment, pay the moneys due to the workers not honored in time, out

of any moneys due or which may become due to the Contractor under the Contract.

Applicable labour laws

The Ministerial Determination, Special Public Works Programmes, issued in terms of the Basic Conditions of Employment

Act of 1997by the Minister of Labour in Government Notice N° 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.

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.

4.3 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.

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 payday.

9.8 Before paying sick-pay, an employer may require a worker to produce a certificate stating that

9.9 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.

9.10 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.

9.11 A worker is not entitled to paid 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



10.4 she will return to work.

10.5 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.

10.6 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.

10.7 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.

10.8 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.

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;

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 Provision of Hand tools.



The Contractor shall throughout the project duration, provide his/her labour force with hand tools of

adequate quality, sufficient in numbers and make the necessary provisions to maintain the tools in good and

safe working conditions.

16.3 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

17.1.3 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 Act, 130 of 1993.

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.






PART C2 : PRICING DATA

TABLE OF CONTENTS C2.1 Pricing Instructions C2.2 Bills of Quantities






C2.1 : PRICING INSTRUCTIONS

C2.1.1 Measurement and payment shall be in accordance with Clause 8 of the SANS 1200 Standardised Specifications for Civil Engineering Construction referred to in the Scope of Works, subject to the variations and amendments contained in the section “Applicable SANS 1200 standardised specifications”.

C2.1.2 Descriptions in the Bills of Quantities are abbreviated and comply generally with those in the Standardised Specifications. Clause 8 of each Standardised Specification, read together with the relevant clauses of the Scope of Work, set out what ancillary or associated activities are included in the rates for the operations specified. Should any requirements of the measurement and payment clause of the applicable Standardised Specification, or the Scope of Work, conflict with the terms of the Bill, the requirements of the Standardised or Scope of Work, as applicable, shall prevail.

C2.1.3 The clauses in a specification in which further information regarding the Bill item can be obtained appear under “Reference clause” in the Bills of Quantities. The reference clauses indicated are not necessarily the only sources of information in respect of schedule items. Further information and set specifications may be found elsewhere in the contract documents. Standardised Specifications are identified by the letter or letters which follow SANS in the SANS 1200 series of specifications, e.g. G for SANS 1200 G.

C2.1.4 Unless otherwise stated, items are measured nett in accordance with the drawings, and no allowance is made for waste.

C2.1.5 The quantities set out in these Bills of Quantities are approximate and do not necessarily represent the actual amount of work to be done. The quantities of work accepted and certified for payment will be used for determining payments due and not the quantities given in the Bills of Quantities.

C2.1.6 The prices and rates to be inserted in the Bills of Quantities are to be the full inclusive prices for the work described under the several items. Such prices and rates shall cover all costs and expenses that may be required in and for the execution 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 Bid is based, as well as overhead charges and profit. The prices will be used as a basis for assessment of payment for additional work that may have to be carried out.

C2.1.7 It will be assumed that prices included in these Bills of Quantities are based on Acts, Ordinances, Regulations, By-laws, International Standards and National Standards that were published 28 days before the closing date for Bids. (Refer to www.stanza.org or www.iso.org for information on standards).

C2.1.8 Where the Scope of Work requires detailed drawings and designs or other information to be provided, all costs associated therewith are deemed to have been provided for and included in the unit rates and sum amount Bided such items

C2.1.9 A price or rate is to be entered against each item in the Schedule/Bills of Quantities, whether the quantities are stated or not. An item against which no price is entered will be considered to be covered by the other prices or rates in the Bills of Quantities. A single lump sum will apply should a number of items be grouped together for pricing purposes.

C2.1.10 Except where rates only are required, the Bid shall insert all amounts to be included in his total Bided price in the “Amount” column and show the corresponding total Bided price.

C2.1.11 The units of measurement described in the Bills of Quantities are metric units. Abbreviations used in the Bills of Quantities are as follows :

ha = hectare h = hour k = kilolitre kg = kilogram

http://www.stanza.org/

http://www.iso.org/



km = kilometre kW = kilowatt Km-pass = kilometre pass MN = Mega Newton kPa = kilopascal MN.m = Mega Newton-metre = litre % = per cent

m = metre PC sum = Prime Cost sum mm = millimetre Prov sum = Provisional sum m

2 = square metre No. = number

m2.pass = square metre-pass R/only = Rate only

m3 =

cubic metre sum = lump sum

m3.km = cubic metre-kilometre t = ton (1 000 kg)

MPa = Megapascal W/day = Work day

C2.1.12 Those parts of the contract to be constructed using labour-intensive methods have been marked in the Bills of Quantities with the letters LI in a separate column filled in against every item so designated. The works, or parts of the works so designated are to be constructed using labour-intensive methods only. The use of plant to provide such works, other than plant specifically provided for in the scope of work, is a variation to the contract. The items marked with the letters LI are not necessarily an exhaustive list of all the activities which must be done by hand, and this clause does not over-ride any of the requirements in the generic labour intensive specification in the Scope of Works.

C2.1.13 Payment for items which are designated to be constructed labour-intensively (either in this schedule or in the Scope of Works) will not be made unless they are constructed using labour-intensive methods. Any unauthorised use of plant to carry out work which was to be done labour-intensively will not be condoned and any works so constructed will not be certified for payment.






C2.2 : BILLS OF QUANTITIES



ITEM PAYMENT DESCRIPTION UNIT

RATE AMOUNT

NO

SABS 1200 SECTION No.1: PRELIMINARY AND

GENERAL

1200A GENERAL

1.1 8.3 FIXED-CHARGE ITEMS

1.1.1 8.3.1 Contractual Requirements Sum 1,00

8.3.2 Establish Facilities on the Site

8.3.2.1 Facilities for Engineer

1.1.2 (a) Name Board No 1,00

8.3.2.2 Facilities for Contractor

1.1.3 (a) Offices and storage sheds Sum 1,00

1.1.4 (c) Mobile chemical ablution and latrine

facilities two number month 4,00

1.1.5 (e) Water supplies, electric power and

communications Sum 1,00

8.3.3 Other fixed-charge obligations

1.1.6

(a) Preparation of risk assessment, safe

work procedures, the project H &S file, the

H & S plan, the provision of PPE and

protection clothing and any other H & S

matters that the contractors deems

necessary

Sum 1,00

1.1.7

(b) Full compliance with all H & S matters

during construction of the works under the

contract

Sum 1,00

1.1.8 8.3.4 Remove Engineer and Contractor's Site

establishment on completion of works sum 1,00

1.2 8.4 TIME-RELATED ITEMS

1.2.1 8.4.1 Contractual Requirements Sum 1,00

8.4.2 Operation and maintenance of facilities on

site

8.4.2.1 Facilities for Engineer

1.2.2 (a) Furnished offices and computer

facilities sum 1,00

1.2.3 (b) Handling cost and profit in respect of

item no. 1.2.2 above % -

1.2.4 (c) Cellular phone for Site Engineer month 4,00 R 1000 R 4 000

1.2.5 (d) Handling cost and profit in respect of


1.2.6 (e) Geotechnical services for Engineer month 4,00 R 8.000,00 R 32.000,00

Total carried forward



ITEM

NO PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT

Total brought forward

1.2.7 (f) Handling cost and profit in respect of


1.2.8 (g) Surveyor services for Engineer month 4,00 R 4.500,00 R 18.000,00

1.2.9 (h) Handling cost and profit in respect of


1.2.10

(i) Site supervision and Living

Accommodation for Engineer's

Representative

month 4,00 R 40.000,00 R 160.000,00

1.2.11 (j) Handling cost and profit in respect of


1.3 8.5 PROVISIONAL SUMS

1.3.1

(a) Contractor to allow sum for the

exposing and relocation or reinstatement of

existing services (Eskom, Telkom, water,

sewer, fence lines. etc.) where directed in

writing by the Engineer

Sum 1,00 R 100.000,00 R 100.000,00

1.3.2 (b) Contractors attendance, handling cost

and charges on item 1.3.5 above % -

1.3.3 (c) Allowance for CLO Month 4,00 R 4.500,00 R 18.000,00

1.3.4 (d) Contractors attendance, handling cost


1.3.5 (e) Geotechnical services and laboratories month 4,00

1.3.6 (f) Contractors attendance, handling cost


1.3.7 (g) Land surveyor and laboratories month 4,00

1.3.8 (h) Contractors attendance, handling cost


1.3.9 (k) Allowance for Environmental Control

Officer month 4,00

1.3.10

1.3.11

(j) Contractors attendance, handling cost

and charges on item 1.3.9 above

(k) Allowance for Safety Officer

%

month

-

4,00

R 5.000,00

R 20.000,00

1.3.12 (j) Contractors attendance, handling cost


1,4 8.8 TEMPORARY WORKS

8.8.2 Traffic accommodation

1.4.1

Allow for temporally accommodation of

traffic during construction period including

temporally roads, signage, lighting etc.

Sum 1,00




ITEM



8.8.2 Traffic accommodation

1.4.1

Allow for temporally accommodation of

traffic during construction period including

temporally roads, signage, lighting etc.

Sum 1,00

Temporary traffic-control facilities

1.4.2 (a) Flagmen man-

day 2,00

1.4.3 (b) Portable Stop and Go signs No. 2,00

1.4.4 (e ) Road signs , R-and TR- series,

1200mm in diameter No. 4,00

1.4.5 (f) Road signs, TW-series, 1200mm sides No. 4,00

(h) Delineators (DTG50J) 900 mm long

1.4.6 i) singles No. 30,00

1.4.7 ii) mounted back to back No. 30,00

1.4.8 Relocation of traffic control facilities sum 1,00

1,5 ENVIRONMENTAL MANAGEMENT PLAN

1.5.1 Full compliance with EMPr specification

during construction period Sum 1,00

Total Carried Forward to summary



ITEM PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT

NO

SABS 1200 SECTION No.2: ROADWORKS

1200C SITE CLEARANCE

2.1 8.2.1 Clear and grub:

2.1.1

Strip side verges of all grass, bush and

boulders, 1.5m wide on each side of the

road

m² 31000

8.2.2 Remove and grub trees and stumps and

cart to dump site of girth

2.1.2 (a) Over 0.5m and up to and including 2m No 8

2.1.3 (b) Over 2m and up to and including 3m No 6

2.2 1200D EARTHWORKS

8.3.4 Importing of material

2.2.1 Opening and closing down of designated

borrow pit sum 1

2.2.2 8.3.8.1

Excavate by hand in soft material to locate

and expose existing services as directed by

Engineer (Prov)

m³ 50

1200DM EARTHWORKS (Roads, Subgrade)

2.3 8.3.3 TREATMENT OF ROAD-BED

(a) Road-bed preparation and compaction

of material to:

2.3.1

(i) Rip & recompact 150mm insitu material

and compact to 93 % mod. AASHTO

maximum density

m³ 2325

2.3.2 (ii) Blading of insitu material to remove

topsoil m² 775

2.3.3 8.3.4

Cut from side of embankments and

roadway to fill in roadway compacted to

90% Mod Aashto density. Rate to include

for benching trimming and forming v drain

in cut areas

m³ 2000

8.3.7 Cut to spoil (rate to include for hauling of material to a registered dump site)

2.3.4 (a) Soft excavation m³ 1000

2.3.5 (b) Intermediate excavation m³ 200

2.3.6 (c) Hard Excavation m³ 200

(d) Boulder Excavation Class A by blasting m³ 50

2.3.7 8.3.12 Overhaul from quarry ( 1 km freehaul distance)

m³/km 21700




ITEM NO PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT


2.4 8.3.16

GRAVEL SURFACE LAYER (WEARING

COURSE)

2.4.1

Supply and process gravel surface layer

150mm thick using G7 quality gravel

compacted to 95% Mod AASHTO density.

Rate to include for sourcing of material,

excavating, loading, hauling, placing,

compaction and royalties if any

m³ 2325

2.4.2 (a) Mod AASHTO Test No 6,00

Total carried forward to summary



ITEM


SABS 1200

SECTION No.3: STORMWATER

DRAINAGE

1200DB EXCAVATION FOR PIPE TRENCHES

3.1 8.3.2

Excavation in all material for trenches,

backfill and dispose of material using

labour intensive. Rate to include for

trimming, timbering, dewatering,

compaction and disposal of surplus or

unsuitable material for pipes of dia 375 and

up to 900mm dia to

3.1.1 (a) 0.00m-1.5m m³ 400

3.1.2 (b) 1.5- 2,0m m³ 650

1200LB PIPE BEDDING

3.2.1 8.2.1 Provision of bedding from trench

excavation (backfilling)

3.2.2 a) selected fill material from excavated

material m³ 80

8.2.2.2 Backfilling material from borrow pit m³ 75

8.2.4 Encasing of pipe in 15Mpa concrete m³ 50

1200LE STORMWATER PIPE

3.3 8.2.1 Supply, handle and lay concrete pipe

culvert

Joint and bed on class C bedding, OGEE

jointed with rubber collars.

3.3.1 a) 600mm diameter class 50D Ogee type

with rubber collars m 50

3.3.2 a) 900mm diameter class 50D Ogee Type


3.3.3 a) 1200mm diameter class 50D Ogee Type


3.3.4 Cleaning out of existing pipes m 13

8.2.10

HEADWALLS, CATCHPITS, INLETS AND

MANHOLE STRUCTURES

3.3.4 Construction of headwalls for 600mm

diameter pipe No. 8

3.3.5 Construction of drop inlet for 600mm

diameter pipe No. 8


diameter pipe No. 24

3.3.7 Construction of drop inlet for 900mm

diameter pipe No. 8


diameter pipe No. 4

3.4 1200DK GABIONS AND PITCHING

8.2.1 Surface preparation for bedding of gabions




ITEM

NO

PAYMENT

DESCRIPTION UNIT QTY RATE AMOUNT


3.4.1 Foundation trench excavation and backfilling

m² 240

8.2.2 Gabions

3.4.2

Galvanised gabion mattresses 1m x1m x

0.3m with wire diameter 2.5mm and mesh

size of 75mm x 75mm

m³ 60

3.4.3 Filter fabric (Bidim type A4) m² 150

3.4.4 8.2.5 Grouted stone pitching

3.4.5 Grouted stone pitched side drains as per

detailed drawings m² 450

3.4.6

15Mpa concrete -lined side drains

compacted to 93% Mod AASHTO with Ref,

Mesh 395

m³ 96




ITEM


SABS 1200 SECTION No.4: SMALL CONCRETE WORKS

4.1 8.2.1 Existing concrete slab

4.1.1 Cleaning of weed existing concrete

structures m 150

4.2 8.2.1 Rough surface

4.2.1 Surface with rough finishes (grooves) m² 900

8.3.1 Steel reinforcement for concrete work

4.2.2 (i) Mesh Ref. 395 as per drawing m² 900

4.3 8.4 Concrete Mix

4.3.1 8.4.1 150mm thick concrete pavement (30MPa) m³ 135

4.3.2 a) 30mm blinding under slab m² 27

4.4 8.4.4 Unformed surface finishes

4.4.1 a) Wood- floated finishes m² 900

4.5 8.5 Joints

4..5.1

12mm expansion joints every 5m.

Expansion joints in flexcell and 10mm deep

polyurethane sealer. Y12 dowel bars.

m 75




ITEM


SABS 1200 SECTION No.5: ANCILLARY

ROADWORKS

5.1 1200MM ANCILLARY ROADWORKS

8.3 Permanent Road Sign

5.1.1 8.3.1

Sign faces painted or galvanized (as

stated) background. Symbols, characters,

legend, and borders in engineering grade

retro reflective material with signboards

constructed from

No. 54

5.1.2 8.3.2 Sheet steel (1,6 mm thick) of area over 2m² m² 15

5.1.3 8.3.3 Sign Supports: Treated gum poles 100mm

dia. m 8

5.1.4 8.3.4 Excavation for sign supports and backfilling

with in-situ material. m³ 2

5.1.5 25MPa concrete for sign posts. m³ 2




ITEM


SECTION No.6: DAYWORKS

6.1

NOTE: All quantities are provisional and

shall only be payable when work at

dayworks rates is specially ordered by the

Engineer.

6.1.1 PERSONEEL (DURING NORMAL

WORKING HOURS)

6.1.2 (a) Skilled hr 55

6.1.3 (b) Semi-skilled labour hr 39

6.1.4 (c) Unskilled labour/ General hr 19

(d) Flagmen hr 19

6.2

6.2.1 PERSONEEL (AFTER NORMAL

WORKING HOURS)

6.2.2 (a) Skilled hr 55

6.2.3 (b) Semi-skilled labour hr 39

6.2.4 (c) Unskilled labour/ General hr 19

(d) Flagmen hr 19

6.3

PLANT

6.3.1

(a)

Rates shall include for the operator, all fuel

and oil, supporting tools and equipment

and other miscellaneous items

4x4 Backhoe loader (Min 50kW, case 580F

or similar)

hr

20

6.3.2

6.3.3 (b) 6m³ Tipper trucks hr 40

6.3.4 (b) 10m³ Tipper trucks hr 40

6.3.5 (c) 10m³ Water Tanker hr 20

6.3.6 (d) Roller SP Vibrating- 75kW 9000ka hr 20

6.3.7 (e) Motor Grader 140G hr 20

6.3.8 (f) Pedestrian Vibratory Roller 600mm wide

(Bomag BW 90 or similar) hr 20

6.3.9

6.3.10

(g)

(h)

Dewatering Pump including generator and

accessories (50mm pump, 600 l/m)

Compressor complete with hoses,

jackhammers and other tools

hr

hr

10

10




SUMMARY AND GRAND TOTAL

SECTION DESCRIPTION AMOUNT

SECTION No. 1

SECTION No. 2

SECTION No. 3

SECTION No. 4

SECTION No. 5

SECTION No.6

PRELIMINARY AND GENERAL

ROADWORKS

STORMWATER DRAINAGE

CONCRETE(SMALL WORKS)

ANCILLARY ROADWORKS

DAYWORKS

TOTAL COST OF WORK

CONTINGENCIES @ 10%

SUB TOTAL

ADD 15% VAT

TOTAL DUE






PART C3 : SCOPE OF WORKS

TABLE OF CONTENTS

C3.1 Description of the Works C3.2 Engineering

C3.3 Procurement

C3.4 Construction C3.5 Management C3.6 Health and Safety Specification

C3.7 Particular Specification






C3.1 : DESCRIPTION OF THE WORKS

C3.1.1 EMPLOYER’S OBJECTIVES

The employer’s objectives are the CONSTRUCTION OF KWANOVIMBA ACCESS ROAD, WARD 18.

To comply with EPWP requirements regarding labour intensive construction methods to create job opportunities and to develop skills.

To create business opportunities for the local emerging contractors and suppliers.

To comply with the OHS Act.

C3.1.2 SCOPE OF THE WORK TO BE DONE

The scope of the work will include establishment of the Contractor’s facilities on site, site clearance, setting out, traffic

accommodation, earthworks, pavement layer works, installation of concrete pipe culverts and earth side drains.

BID SPECIFICATIONS

The project to be implemented according to EPWP guidelines

1. Clearing and grubbing

2. Hand excavations for exposing existing services

3. Roadbed excavations

4. Construction headwalls and wing walls (Brickwork)

5. Construction of gabion boxes and mattresses

6. Construction of meadow drains and concrete side drains

7. Construction of concrete works

8. Cleaning/ Maintenance of existing causeways

9. Channelization on existing causeway

Description of Site and Access

The site is located in Ward 18 of Ndwedwe Local Municipality within the Shangase Village as indicated on the Layout .

The central co-ordinates of the community are as follows:

Start Point : 29˚32’10,00’’ S 30˚51’08.69’’ E

End Point : 29˚32’36,77’’ S 30˚50’12.11’’ E



General

The project is located in Ward 18, near a school called Tafamasi Primary school in Ndwedwe Local Municipality in KwaZulu Natal. It comprises the construction of a gravel road with a wearing course, using Labour Intensive Construction methods where possible. All work will be carried out for the Ndwedwe Municipality according to the by-laws of the Municipality. To keep within the budget, certain sections of the work may be omitted if so required by the Employer. It must also be noted that all the work involves the protection and relocation of existing services and accommodation of traffic is therefore of vital importance.

Extent of the works

The major items of work to be carried out under this contract include the following but are not limited to it:

(1) Establishment and De-establishment;

(2) Clearing and Grubbing;

(3) Mass Earthworks which includes widening in some sections of the road to meet the Type 7A Local Road as per the design details;

(4) Roadbed preparations which entails cut and fill to roadbed design;

(5) Excavate from borrow pit, load, carting, placing, processing and compaction of the layer works;

(6) Construction of the 150mm wearing course;

(7) Finishing and cleaning the road and road reserve;

(8) Construction of headwalls and wingwalls;

(9) Construction of 150mm Approach concrete slab;

(10) Construction of earth drains and concrete side drains.

(11) Cleaning, channelization and maintain existing causing






C3.2 : ENGINEERING

C3.2.1 DESIGN SERVICES AND ACTIVITY MATRIX

Works designed by, per design stage:

Concept, feasibility and overall process - Employer

Basic engineering and detail layout to Bid stage - Employer

Final design to approve for construction stage - Contractor

Preparation of ‘as built’ drawings - Contractor

C3.2.2 EMPLOYER’S DESIGN

The permanent works included in this contract has been designed by the Employer’s agent. The detail of the works is indicated on the drawing and in the specifications. The Bid may submit alternative offers for designs prepared by himself subject to the conditions specified in clause 05 of the standard specifications.

C3.2.3 DESIGN BRIEF

The contractor will be responsible for design of the following (which are all subject to approval by the

Engineer):

Site layouts for the contractor’s camp and office accommodation

Site layouts for the Engineer Representative’s temporary office accommodation

Construction Methodology

Formwork

Scaffolding and all staging work

All other temporary works

Concrete Mix designs

The costs of the designs will be deemed to have been included in the scheduled items in the Schedule of

Quantities. No other additional payments will be certified to cover these activities.

C3.2.4 DRAWINGS

The drawings listed below are attached in order to give an overview of the project.



TENDER DRAWINGS

Type Section Description

Drawing General Locality Plan

Drawing General Layout

Drawing General Setting Out Information

Drawing General Longitudinal Sections

Drawing General Typical Cross sections

Drawing General Typical Details

Additional construction drawings will, in terms of Clause 13 of the General Conditions of Contract (2004), be issued to the Contractor by the Engineer/Employer on the commencement date and from time to time as required.

C3.2.5 DESIGN PROCEDURES

Designs shall be concluded by the Engineer and issued to the Contractor on the day of the official site handover. The

designs shall be approved by the local authority before construction commences. The contractor shall be liable for

capturing all the relevant changes to the design on the as built drawing, thereafter the drawing shall be submitted to the

Engineer for capturing. Under no conditions will the contractor deviate from the issued design unless the Engineer

C3.2.6 Design Procedures

The contractor will be required to furnish the following designs for approval by the Engineer at the indicated times:

Site layouts of the Contractor’s camp and office accommodation – within 14 days from commencement date of the

contract and in any case prior to the erection of the contractor’s camp and offices

Layouts for the Engineer’s representative office – within 14 days from commencement date of the contract and in any

case prior to the erection of the Engineer’s Representative’s temporary office premises.

Formwork design – within 14 days of commencement of work and in any case prior to the construction of permanent

reinforced concrete works.

Scaffolding and all staging work – within 14 days of commencement of work and in any case prior to the construction of

permanent reinforced concrete works.

Concrete Mix Designs for the all classes of concrete as measured in the Schedule of Quantities prior to the placement of

any concrete work

The costs of the designs will be deemed to have been included in the scheduled items in the Schedule of Quantities. No

other additional payments will be certified to cover these activities.






C3.3 : PROCUREMENT

C3.3.1 PREFERENTIAL PROCUREMENT PROCEDURES C3.3.1.1 Requirements

The works shall be executed in accordance with the conditions attached to Preferences granted in accordance with the preferencing schedule. Bids Procurement requisitions for amounts estimated to be in excess of R120 000 (one hundred and twenty thousand rand) excluding VAT shall be managed by the relevant departments by calling for bids. The request for such bids shall be prepared by the relevant department or Consultant appointed and shall be prominently displayed on all the notice boards, referred to under 5.1 of the supply chain management policy, and shall additionally be advertised in one local main newspaper, of repute per municipality( If there is a local newspaper) and one national newspaper. Notices calling forbids shall comply with all the requirements indicated for quotations under 5.1 of the supply chain management policy, except that the closing date shall be at least 14( fourteen) calendar days after the date on which the call for bids is first displayed or advertised, whichever date is the later. For bids to be considered it must comply with all the requirements indicated for quotations under 5.1 of the supply chain management policy, except that a bid must be placed in the bid box(es) provided for this purpose, the location of which shall be clearly specified in the relevant notice calling for bids. The Chief Financial Officer shall ensure that such bid boxes are sealed until the date and time of their official opening, and that they are properly secured at the time. Access to bids information a) The council shall assist with the compilation and dissemination of bids and related information

in a simplified and uncomplicated format. This information should be easily accessible to any business or organization in a prescribed manner.

b) Bid results and awards should be made available to Bids when requested. This process will

ensure transparency; will also enable Bids to evaluate their performance and competitiveness for future bids.

c) To ensure complete transparency in the bidding process, bid documents should provide details

of adjudication criteria. This will be especially important in bids where price will no longer be the only criteria in awarding bids.

Bid documents As far as practical, industry standard documents should be used. Hence, bid documents should be Standardized as far as practical, inter alia in respect of layout, General and Special Conditions of Contract, Bid Form and Appendix, Contract Agreement and Deed of Suretyship and standard information to be provided on forms. The following inter alia to be included in the bid notice:

The point system to be used

The procurement will be in terms of the Council’s Supply Chain Management policy, which is in line with the Preferential Procurement Framework Act and seeks to enhance Broad-based Black Economic Empowerment and Local Economic Development, to this end a point system will be utilized of which full details will be included in the bid document.

The Council reserves the right not to award the lowest or any bid



No faxed, posted or e-mailed bid will be considered 5.6 Use of Database of Suppliers The procurement section of the budget and treasury office shall annually, by notice and advertisement as for bids under 5.2 above, request prospective suppliers, either generally or for specified ranges of goods and services, to submit their names and other relevant details to the procurement section for inclusion in the database of suppliers. Such details shall include an indication of the goods and services normally provided. The procurement section shall then, in addition to the communication processes specified under 5.1 and 5.2 above, forward – either electronically or by facsimile – copies of any notices of quotations and bids to the relevant suppliers. However, failure by the procurement section to forward such notices or the non – receipt of such notices by any supplier shall not invalidate the procurement process. The onus remains on the prospective suppliers to apprise themselves of the municipality’s requirements as indicated in the prescribed communication processes set out under 5.1 and 5.2 above, and the additional notification by virtue of the supplier’s being included in the database of suppliers shall be viewed simply as a courtesy on the part of the municipality. The inclusion of any supplier in the database of suppliers by no means obviates the need for such supplier to respond in the prescribed manner to notices of the municipality’s procurement requirements. Procedures for handling and opening of bids The invitation for bids must stipulate the dates, closing time and the time and venue when the bids will be opened.The Accounting Officer or person to whom it has been delegated must record in a register all bids received in time and must make this register available for public inspection.

C3.3.2 SUBCONTRACTING

C3.3.2.1 Scope of mandatory subcontract works

The following portions of the works shall be subcontracted to CIDB registered Contractors in accordance with the subcontracting procedures described hereunder.

Supply of gravel material

Installation of concrete pipe culverts

Installation of gabion boxes and mattresses

Supply of gravel material

Plant hire C.3.3.2.2 Preferred subcontractors / suppliers

Preference should be granted to the employment of local competent subcontractors in order to encourage local skills development and experience. The resource of materials or supplies should be preferably sourced locally unless the items are specialized.

C3.3.2.3 Subcontracting procedures

The Contractor is:

a) not obliged to utilise any sub-contractors specifically nominated by the Employer. However, where in the opinion of the Employer the Contractor cannot provide a sub-contractor that is deemed sufficiently experienced to perform the specific works or at a reasonable market related price, the Contractor shall use such sub-contractor as nominated by the Employer.

b) required to utilise local sub-contractors for the completion of unskilled labour-based sections of the works, where practical.

c) responsible for all work executed on his behalf or under his supervision and/or management by all sub-contractors, including nominated sub-contractors.

The main contractor must employ local subcontractors under this contract and must be given work amounting to 20% of the contract awarded amount and must be employed directly by the main Contractor. This figure may include labour and plant.

C3.3.2.4 Attendance on subcontractors



It is essential that the proposed subcontractors attend the compulsory site clarification meeting in order to understand and grasp the contents of works and details related to the project.






C3.4 : CONSTRUCTION

C3.4.1 WORK SPECIFICATION

C3.4.1.1 Applicable SANS 1200 Standards

Applicable SANS 1200 Standardised Specifications for the purpose of this Contract the latest issues of the following Standard Specifications for Civil Engineering Construction, applicable at the date of Bid advertisement, shall apply -

SANS 1200 A : 1986 General SANS 1200 AB : 1986 Engineer's Office SANS 1200 C : 1980 Site Clearance (Amendment 1, 1982) SANS 1200 D : 1988 Earthworks (Amendment 1, 1990) SANS 1200 DA : 1988 Earthworks (Small Works) (Amendment 1, 1990) SANS 1200 GA : 1982 Concrete (Small Works)

The term project specifications appearing in any of the SANS 1200 standardised specifications must be replaced with the terms scope of work.

The variation and additions to the specification listed in C3.4.1.2 (a) are as follows:

PSA GENERAL (SANS 1200 A)

PSA 3 MATERIAL PSA 3.1 QUALITY

All material used in the works shall, where such mark has been awarded for a specific type of material, bear the official mark of the (SANS). Written approval shall be obtained from the engineer for any materials not bearing the officials mark of the SANS. The handling, storage, transport and erection of equipment, machinery and material shall be strictly in accordance with the requirements of the supplier and manufacturer.

PSA 4 PLANT PSA 4.3 PLANT CONDITION AND OPERATION

All vehicle used on the works are to be in sound mechanical condition and shall conform to and be operated in accordance with the applicable legislation. Items of plant which leak oil which in the opinion of the engineer, generate excessive noise, smoke or other nuisance shall be removed from the works

Any rock or debris falling from trucks onto roads in use by the public shall be removed immediately. Precaution shall be taken to prevent fouling of public roads by truck transporting muddy materials. The engineer may require the contractor to broom off and clean roads where the mud, or falling debris from trucks, may constitute a danger, or nuisance to travelling public.

No separate or additional payment shall be made for dust prevention measures or for cleaning of roads, etc and suitable allowance for this work must be made in the appropriate schedule rates.

PSA 5 CONSTRUCTION PSA 5.1 SURVEY PSA 5.1.1 Setting Out of the Works



Settings out of the works are the sole responsibility of the contractor and shall be done from survey pegs and from benchmarks, as indicated on the drawings. The contractor shall, within two weeks after the site has been handed over to him, ascertain himself of the correctness of all pegs and benchmarks. Any discrepancy shall immediately be reported in writing to the engineer. any cost or subsequent costs arising from discrepancies that had not been reported to the engineer within the aforementioned period shall be the sole responsibility of the contractor

In addition to the above without reducing the responsibilities and liability of the contractor a registered surveyor will set out the manhole position

The engineer will arrange with a surveyor of his choice. It is the responsibility of the contractor to verify the correctness of the manhole positions. Any discrepancies are to be reported to the engineer in writing within seven days after it was noted

The engineer may alter any part of the works to suit local condition. The contractor must therefore contact the engineer immediately after the preliminary setting out of any part of the works before starting with details setting out, or construction. Only after the engineer has approved a specific site or part of the works, may the detail setting out and construction commence.

PSA 5.1.2 Existing Services (Read with SANS 1921 - 1: 2004 clause 4.17)

The Contractor should make himself acquainted with the position of all existing services before any

excavation or other work likely to affect the existing services is commenced.

The Contractor will be held responsible for any damage to known existing services caused by or arising out of

his operations and any damage should be made good at his own expense. Damage to unknown services

should be repaired as soon as possible and liability should be determined on site when such damage should

occur.

PSA 5.2 WATCHING, BARRICADING, LIGHTING AND TRAFFIC CROSSINGS

From the time any section of the works commences until the end of the contract period, the contractor shall be responsible for the protecting the property of the employer and all person having business on the site from anything dangerous or likely to cause damage or injury. The contractor shall take all practical precaution to avoid nuisance or inconvenience to the owners or occupiers of properties near to the site and to the public generally whilst carrying out the works and shall at all times keep the site clean and in a safe and satisfactory condition. Safe and easy passage for pedestrians and vehicular traffic shall be maintained, including access to property except where otherwise authorized by the engineer. Where necessary, the contractor shall lay steel plates, planks or other temporary bridges of sufficient strength to enable access to be maintained.

The contractor shall light and barricade all materials excavation and objects that constitute an obstruction or danger as a result of his operations. The proximity of streetlights shall no relieve the contractor of any responsibility in respect of barricading and lighting. Temporary roads signs, lighting shall be provided for construction purposes in accordance with the recommendations and provision of the South African road traffic sign manual.

The crossing of existing tar and dirt roads must be done in half widths, while the total traffic is accommodated on the other lane.

Any excavation stored materials spoil dumps or other obstruction likely to cause injury to any person or thing shall be suitably fenced off and at night protected by red warning light. Fences shall consist of at least three 20mm diameter hemp ropes or 4,0 mm wires, stretched tightly between poles or standard securely planted in solid ground. The poles or standard shall not be more than 15mm apart with closer spacing as necessary. The rope or wires shall be stretched tightly and be approximately 450mm, 750mm and 1 200mm above the ground.

Where in the opinion of the engineer, more elaborate barricading is required the contractor shall provide this to his approval. Red flags or other approved warning signs shall be fixed to barricades at intervals not exceeding 20m apart along barricades if considered necessary by the engineer. Reflective paint, or tape, shall be liberally used on barricades. The engineer may accept banks of spoil in lieu of fencing, if of suitable height and form.

Fences and spoil banks shall be clearly marked at the ends, all corners and along the length at intervals of not more than 15m, by means of white lime washed board, discs, stones or oil drums during the daytime and by red lamps kept burning at night. Marked shall be freshly lime washed at regular intervals to ensure that they are white and clean.



The contractor shall employ a person to prepare the lamp during the day and they shall be lighted at least one half hour before sunset.

There shall no separate payment for watching, barricading, lighting and costs for such must be included in the rates for the works scheduled.

PSA 5.3 PROTECTION STRUCTURES

The Contractor will be held responsible for any damage to known existing services and structures (concrete

bridge and concrete pavement surface) caused by or arising out of his operations and any damage should be

made good at his own expense. Any damages should be repaired as soon as possible and liability should be

determined on site when such damage should occur.

PSA 7 TESTING

The contractor shall be responsible for the completed installation passing any tests specified or required by the relevant local authority or ACT. The engineer will be entitled to be present at such test and the contractor shall give the engineer reasonable notice of the dates of the test. Where test certificate are required in terms of any clause of the specification or ACT, such certificates shall be submitted to the engineer immediately.

PSA 7.2 APPROVED LABORATORIES

The contractor may employ outside agencies, but subject to the approval of the engineer to do the necessary design as required. All tests are to be done according to the number of tests per lot as prescribed in the SANS1200 under the relevant section

Unless otherwise stated in a specification that form part of this contract, only the testing laboratories of South African National Standards (SANS), the Council for Scientific and Industrial Research (CSIR), the relevant government departments and local authorities will be excepted as approved laboratories in which tests or design work required in terms of a specification may be carried out.

The sum bid under pay-items shall be deemed to cover the full cost for doing all the required testing by any outside agency or the contractor own facilities.

PSA 7.5 TESTS ON SITE

All site tests shall normally be carried out in the presence of, but always to the satisfaction of the engineer. At least 24 hours’ notice should be given the engineer site representative of any intent to conduct such tests on site.

All equipment must be tested to ascertain whether it performs its intended duties in a manner as specified.

These tests will form part of the acceptance test on completion as defined under the condition of contract.

PSA 7.6 FACTORY TESTS

The contractor shall carry out tests in accordance with the requirements of the recognized SANS, IEC or BS standards. Comprehensive details of the standards used, and to which equipment applicable, shall be supplied. Such additional tests in the manufacture works, which in the opinion of the requirements of the specification, whether under the test conditions or in normal service, may be called for at no additional cost to the employer

PSA 8 MEASUREMENT AND PAYMENT PSA 8.2 PAYMENT PSA 8.2.1 Fixed Charge and Value Related Items

The bid sums for the fixed charge and time related items in the P&G section of the schedule of quantities shall not be subjected to any variation if the actual value of the work done exceeds or falls short of the accepted bid amount within the limit stated in clause 50 of the general condition of contract.

PSA 8.2.2 Time Related Items

The bid sums for the fixed charge and time related items in the P&G section of the schedule of quantities shall not be subjected to any variation if the actual value of the work done exceeds or falls short of the accepted bid amount within the limit stated in clause 50 of the general conditions of contract.



The ratio between the increase amount for the time related items and bid amount must be the same as ratio between the extension of the time period for the completion of the works and the original time period allowed for completion of the works

PSA 8.2.5 Setting out of the works and protection of land surveyors pegs

The cost to the contractor for the settings out of the works and for the protection, preservation and placement of survey beacons pegs and benchmarks subject to the land survey act in terms of sub-clause 5.1.2 shall be covered by the bid sum for the items other fixed charge obligation in the P&G section of the schedule of quantities.

PSA 8.3 SCHEDULE FIXED CHARGE AND VALUE RELATED ITEMS PSA 8.3.2 Establishment of Facilities on the Site PSA 8.3.2.1Facilities for Engineer PSA 8.3.1 (c) Name Boards

The contractor shall provide and erect a project name board in accordance with the drawings bound at the end of the document (figure2) or similar and approved by the engineer. This name board shall be erected on a site to be approved by the engineer and the client and shall be maintained for the full contract period.

The exact wording will be finalized at the start of construction.

The project name board shall be removed at the end of the maintenance period.

PSA 8.3.2.2 Facilities for Contractor

Only one item is listed in the schedule to cover the provision of facilities for the contractor. This shall cover all costs related to providing establishing and commissioning on the site all the facilities as listed in the bid document and any other facilities that the contractor may deem necessary to allow the works to commence and proceed to completion in terms of the contract

PSA 8.4 SCHEDULE TIME RELATED ITEMS

PSA 8.4.2 Operation and maintenance of facilities on site for duration of construction PSA 8.4.2.1 Facilities for the Engineer PSA 8.4.2.1(a) Office accommodation for the engineer

The contractor shall provide a temporary site office for the engineer/personnel in compliance with the requirements of SANS1200 AB.

PSA 8.4.2.1 (b) Telephone/cell phone

The engineer will make his own arrangements for the provision of a phone during the contract. A provisional sum of R 1000.00 per month has been allowed for telephone services for the engineer’s personnel. A fixed amount will have to be paid monthly by the contractor to a service agent appointed by the engineer.

PSA 8.4.2.1(d) Survey equipment and assistants

The contractor shall provide the following survey equipment on the site from the commencement to the completion of the works. a) 1x100m steel measuring tape,

b) Steel pegs, shovels picks etc that the engineer’s representative may require during the contract

and,

c) 1 theodolite with tripod and 5m staff.

The contractor shall provide all pegs, concrete, tools and other necessary items as well as all necessary labour for excavation, bush clearing, mixing and placing of concrete, as and when required for the control of the setting out of the works



PSA 8.4.2.2 Facilities for Contractor

Unit: sum Only one item is listed in the schedule to cover the operation and maintenance of facilities for the contractor. This shall cover all costs related to operation and maintenance on the site all the facilities listed in the bid document any other facilities that the contractor may deem necessary to allow the works to commence and proceed to completion in terms of the contract

PSA 8.5 SUMS STATED PROVISIONALLY BY ENGINEER PSA8.5.1 Political riot and malicious damage insurance

Unit: provisional sum

The contractor will be paid in increments agreed upon in terms of clause 45 of the general condition of contract under the prime cost sum provided in the P&G section of the schedule of quantities for the actual cost of such insurance premium for the relevant year or portion of a year (as the case may be) plus an allowance of ten percent to cover at his own cost. Payment will be effected in the item certificate that follows upon the contractor’s submission of a receipt for the payment of the required insurance premium.

PSA 8.5.2 Percentage allowance on cost for contractor’s cost and profit

Unit: percentage The percentage Bided for charges and profit on the cost of sums stated provisionally by the engineer shall include full compensation or all cost, profit, charges, handling and transport related to the service.

PSA 8.5.3 Employment of a Community Liaison Officer (CLO)

Unit: provisional sum One community liaison officers (CLO) will be employed for the duration of the project. The CLO will be employed from within the local community in conjunction with local structures. A provisional sum of R 4500 per CLO per month has been allowed for the remuneration for the employment of a community liaison officer and will be paid by the contractor to the CLO.

PSA 8.5.4 Employment of a Safety Officer

Unit: provisional sum One Safety Officer will be employed for the duration of the project. The Qualified Safety Officer will be employed from within the local community in conjunction with local structures. A provisional sum of R 5 000 for the Safety Officer per month has been allowed for the remuneration for the Safety Officer and will be paid by the contractor.

PSA 8.5.5 Employment of an Environmental Control Officer

Unit: provisional sum One Environmental Control Officer will be employed for the duration of the project. A provisional sum of R 7 500 for the qualified Environmental control Officer per month has been allowed for the remuneration for the employment of a Environmental Control officer and will be paid by the contractor.

PSA 8.5.6 Photocopies and documentation by the engineer

Unit: provisional sum The Engineer will make his own arrangement for all photocopies and documentation related to the contract for the duration of the contract. A provisional sum of R 6 000, which must be paid to the service agent appointed and nominated by the engineer, has been allowed for in the bid document for the cost of all photocopies and documentation related to the contract.

PSA 8.5.7 DAY WORK

Rates for day work item shall be given in the schedule of quantities. The rates shall include all costs including profit and escalation. The rate shall remain fixed for the duration of the contract. Day work will commence at the sole discretion of the engineer and only after receipt of a written instruction to commence.

The following process shall be followed i) Identification of work to be done through day works by the client, engineer or contractor.

ii) Engineer to define scope of day work request from the contractor an estimate of duration (hour

or day) that will be required to complete the day works



iii) Engineer to approve and give written instruction to contractor to commence.

iv) Accurate actual time duration measurement shall be kept by the contractor and submitted to

the engineer for approval and payment.

PSA 8.8 TEMPORARY WORKS PSA 8.8.2 Dealing with traffic

During the contraction of the service in existing township, one side of the road should be kept open for traffic.

Barricades, traffic signs and drums shall be provided by the contractor to suit the specific condition and in compliance with the traffic ordinance. Where provincial roads are to be crossed, traffic signs shall comply with road signs, note no 13 as published by the road traffic signs sub-committee.

The rate shall cover all costs pertaining to the following.

o Provision, erection, moving, re-erection and maintenance of all temporary barricades, roads

signs, light, flagmen, etc as required.

o For the guarding and protection of the works

o For the construction, gravelling and maintenance of access roads and detours to the site of the

works, borrow pits or spoil sites, as well as for the later removal or the cleaning and tidying up

thereof.

o For making the necessary traffic arrangements and arrangements with regard to the moving

and re-erection of existing traffic signs, as well as all other costs to accommodate the traffic

during construction.

PSA 8.8.7 Standing time costs due to delays occasioned by riot, politically motivated sabotage and acts of terrorism

In the vent of the agreement by the employer to bear resultant additional costs involved in the continuing of the works pursuant to clause 57 of general conditions of contract, payment of the additional costs (if any) will be made to the contractor as results of standing time, under the following item in the schedule of quantities.

Time related item (for duration of delay, unless otherwise stated)

a) Standing time costs due to riot etc. for the contractor’s total operation.

Extra over items as stated in schedule:

The unit for measurement shall be a working day and a working week shall be held to consist of five working days and a working day of 9 hours, unless otherwise agreed upon.

The sum per working day bid under the time related item (a) above shall represent that part of the contractor cost for standing time of whatever nature.

This payment item will only be applicable to delays in the execution of the works and additional costs which in the opinion of the engineer are incurred as a results of riot, commotion politically motivated sabotage and acts of terrorism, or disorder outside the control of the contractor

The provision of this clause shall in no way prejudice the right of the employer or the contractor to determine the contract under the provision of clause 57 of the general condition of contract.

PSAB ENGINEER’S OFFICE (SANS 1200 AB) PSAB5 CONSTRUCTION PSAB 5.6 SITE INSTRUCTION BOOK

Throughout the construction period the contractor shall supply an A4 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.



i) By the contractor for providing the engineer with any information regarding the construction of

the work which may be requested and giving notification in writing of inspections, drawings, etc

required by the contractor, and

ii) By the engineer for the purpose of writing day to day instruction and confirming any verbal

information or instruction given to the contractor.

PSC SITE CLEARANCE (SANS 1200C) PSC 5 CONSTRUCTION PSC 5.9 EPWP STANDARD TASK RATES

The site clearance is to be done by labour intensive methods. The following task rates, based on the task output experienced on similar projects, has been set for this specific project

ACTIVITY TASK RATES m²/man-day (Minimum Task)

Site Clearance 300 - 1000

Stripping and grubbing 200

Payment for this item will be R95.00 per task.

PSD EARTHWORKS (SANS 1200 D) PSD 3 MATERIALS PSD 3.1 CLASSIFICATION FOR EXCAVATION PURPOSES PSD 3.1.2 Classes of Excavation

Refer to PSDB 3.1

PSD SELECTION PSD 3.3. 1 GENERAL

The contractor shall deal selectively with material from general excavation. Any imported material in road reserves that do not comply with the minimum requirements for the respective layers, shall be removed and replaced with suitable material all at the contractor expense.

The contractor shall deal in such a way with materials from excavations for pipe trenches ensure that usable material is not complimented with unsuitable material if usable material is contaminated, such contaminated material shall be removed and replaced with suitable material, all at the contractor expense. No additional payment shall be made in respect of this and all relevant costs shall be deemed to be included in the bid rates. All suitable materials shall be removed prior to importing fill materials in such areas.

PSD 5 CONSTRUCTIONS PSD 5.1 PRECAUTIONS PSD 5.1.2 Existing Services PSD 5.1.21 General

The contractor attention is drawn to the fact that pipeline must be constructed under access roads. The contractor must arrange his work in order to assure free flow of traffic. No additional payment for any discomfort, extra costs or delay as a result of the provision of facility will be made except for the items as allowed under PSA 8.8.2.

PSD 5.1.22 Detection, Location and Exposure

If existing services are not shown on the drawings but the existence thereof can be reasonably expected, the contractor shall, in conjunction with all relevant authorities, determine the exact depth and location of such services before the commencement of contraction. After locating the exact position of services, whether indicated on the drawing or not, such services shall be deemed to be known services and the contractor shall be liable for all costs and subsequent costs arising from the damage thereof as a results of the contractor activities. These services must also be indicated on the As built drawings.



All services must be located and opened for inspection by the engineer before commencing trench excavation. Any costs or losses suffered by the contractor as results of not abiding by this specification will be for the contractor’s account.

PSD 5.1.4 NUISANCE PSD 5.1.4.1 Dust Nuisance

The contractor is responsible for dust control and is liable for all claims that may results from dust nuisance on all parts of the site and all times from the date of handing over of the site to the completion date of the contract. No payment regarding the above mentioned will be made and all costs shall be deemed to be covered by the Bided rates.

PSD 5.2 METHODS AND PROCEDURES PSD 5.2.5 Transport for Earthworks PSD 5.2.5.1 Freehaul

All haul of material within the boundaries of the site of works shall be regarded as freehaul. PSDB EARTHWORKS (PIPE TRENCHES) SANS 1200 DB PSDB 3 MATERIALS PSDB 3.1 CLASSES OF EXCAVATION

Material excavated will be classified as either soft or rock. All intermediate material will be clause as soft. Only material removed by blasting will be classified as rock.

The contractor must make provision for this in the relevant rates

PSDB 3.6 MATERIALS FOR REINSTATEMENT OF ROADS AND PAVED AREAS PSDB3.6.1 Sub base and Base

Where trenches cross or run adjacent to surfaced roads and paved areas of which the surface are schedules to be reinstated, the material excavated from the existing base and or sub base pavement layers shall be set aside and used in the reconstruction of the sub base layer. Where applicable, new material complying with the requirement of SANS 1200 MF shall be used in the reconstruction of the base layer. Any shortfall in material for the construction of the sub base layer shall be made up by the use of material complying with the requirements of SANS 1200 M

PSDB 3.7 SELECTION

If the excavation of a pipeline damages an existing roads surface, the contractor must stockpile material from the top 200mm of such a roads surface in order to reuse it as sub base for repairing of the roads crossing.

If necessary gravel material that is suitable for the reparation of the roads must be imported.

The contractor must make provision in his tariffs for compaction in road reserves for the selection of excavated material as specified above.

PSDB 5 CONSTRUCTION PSDB 5.1 PRECAUTIONS PSDB 5.1.2 Storm water, Seepage and Dewatering of Excavations PSDB 5.1.2.4 Water in Trenches

Water in pipe in trenches may cause movement of the pipes as a result of flotation, and backfilling must therefore be executed as quickly as possible. If movement of the pipes do occur the Contractor must, unless otherwise instructed by the Engineer, remove the pipes from the trench and reinstall it at his own expense.

PSDB 5.5 TRENCH BOTTOM PSDB 5.5.1 Over Excavation of Trenches

Where pipe trenches are excavated deeper than specified or shown on the drawings, these excavations must be backfilled with suitable approved selected material in layers of not more than 150mm un-compacted thickness adjoining in situ material or as prescribed by the engineer.



Where the engineer view these backfilling methods as not sufficient he may require that the over excavation or part thereof be filled with mass concrete of a prescribed grade. All backfilling as a results of over excavation will be at the own costs of the contractor.

PSDB 5.6 BACKFILLING PSDB 5.6.1 General

Backfilling in road reserves must be compacted in 100mm layers up to natural ground level.

Where prescribed by the engineer all surplus material must be neatly piled over the real trench width to a height not more than 150mm higher than the adjoining level.

PSDB 5.6.3 DISPOSAL OF SOFT OF MATERIAL

All surplus and unsuitable material shall be disposed of at the spoil site, and levelled.

PSDB 5.6.9 Temporary Stockpiling of Material

The contractor must obtain written approval from the engineer for the removal of any access material or unsuitable material for backfilling, as well as the temporary stock piling of selected excavated material. Excavated surplus material and material temporarily stockpiled must be in areas approved by the engineer.

PSDB 5.7 COMPACTION PSDB 5.7.2 Areas subject to traffic loads

All pipe trenches that are located in the street reserves will be regarded as areas subjected to traffic loads.

PSDB 5.9 REINSTATEMENT OF SURFCE

Gardens and lawns shall be repaired to the original standard where they were crossed. Grass and plants shall be taken out of the ground, temporarily planted, watered during construction and replanted after backfilling.

PSDB 5.11 EPWP STANDARD TASK RATES

The earthwork is to be done by labour intensive methods. The following task rates, based on the output experienced on similar projects. Has been set for this specific project

EXCAVATION TOOLS

Task rates m³/ man day throwing distance

Up to 4 m 4 to 6 m

Loose soil Shovel 5-6 4.5-5

Sticky soil Spade, fork. Forked hoe 2-3 1.5-2

Firm soil Pick, shovel, spade hoe 3-4.5 2.5-4

Hard stony gravel Pick, shovel, crowbar 1.5-2 1-1.5

Payment for this item will be R100.00 per task.

The backfilling of the trenches is to be done by the labour intensive methods. The following task rates, based on the task output experienced on similar projects has been set for this specific project

ACTIVITY

Task rates m/man day Distance to material (m)

0-4 4-6 6-8

Backfilling trench excavation and compact with hand compactor in layer of 150mm

5.0 4.5 4.0

Payment for this item will be R 100.00 per task

PSDB 8 MEASUREMENT AND PAYMENT PSDB 8.2 COMPUTATION OF QUANTITIES



PSDB 8.2.4 Shoring

All trench excavation must comply with the safety regulation for shoring. It is the responsibility of the contractor to inform the engineer where shoring is required.

Shoring will only be measured and paid for it the engineer gives written approval before it is installed.

PSG CONCRETE STRUCTURAL (SANS 1200 G) PSG 2 INTERPRETATIONS PSG 2.3 DEFINATIONS

(b) Quality

Recording of all quality control measures must be done on a daily basis with information regarding batch no position in structure and date to be specified. (c) Strength

The required concrete strength will be strength specified. No test results less than 90% of specified 28 days concrete strength would be accepted. The maximum percent of tests to fall below the specified level may be 5%.

PSGA CONCRETE (SMALL WORKS) (SANS1200 GA) PSGA 3 MATERIALS

PSGA 3.2 CEMENT

PSGA 3.2.1 Applicable specification

Portland cement that conforms to SANS 50197/1 (SANS EN 197/1)

PSGA 3.2.2 Storage of Cement

Consignments of cement shall be used in the sequence as that in which they are delivered to site. No cement shall be used which has been stored on site for a period longer than 8 weeks. All cement so stored for a longer period than 6 weeks, all cement damaged in any way, and all cement which does not comply with the specification, shall be removed immediately and permanently from the site.

PSGA 5 CONSTRUCTION

PSAGA 5.2 FORMWORK

PSGA 5.2.1 Classification of finishes

The following surface conditions are required in the various portion of the finished concrete. a) Rough

Concealed surfaces and surfaces lower than 100mm below ground level b) Smooth

All surfaces finishes not classified as rough in paragraph (a) shall be classified as smooth. All exposed edge unless otherwise indicated on the drawings, shall be chamfered 20mm x 20mm by means of triangular fillets fixed to the form work.

PSGA 5.4 CONCRETE

PSGA 5.4.1 QUALITY

PSGA 5.4.1.7 Slump

The slump of concrete used in water retaining structure may not be less than 30mm and not more than 60mm.

PSGA 5.4.1.8 Durability



Concrete shall be proportioned to ensure that the water/ cement ratio does not exceed 0,5 and ensure workability, water reducing admixtures of approved manufacture shall be used in preferences to increase the cement content.

PSGA 5.4.8 Concrete surfaces

Concrete surfaces under screeds, granolithic finishes or benching shall be brought up to a plane, uniform surface with a suitable screed board.

PSGA 5.4.11 Adverse Weather Conditions

No material having a temperature of below 5 o

C shall be used for concrete and no concrete shall be placed when the ground or air temperature is below 2

o C within furthermore, if the air or ground or

temperature is likely to fall below 2 o

C within 12 hours after placing of concrete, no concreting shall be done without the written consent of the engineer. If such consent is given, the contractor shall heat the aggregate stockpiles and mixing water, and defrost the formwork and reinforcement.

C3.4.1.2 Other applicable national and international standards

There are no other national and/or international standard applicable to this project.

C3.4.1.3 Particular / Generic specifications

The following Particular Specifications attached as Annexes, are applicable to this Contract:

PA: EPWP Labour Intensive Specification

C3.4.1.4 Certification by recognized bodies

No certification by anybody other than the Engineer will be accepted for any works to be included in the permanent works.

C3.4.2 PLANT AND MATERIALS

C3.4.2.1 Plant and materials supplied by the employer

No plant or material will be supplied by the employer. It is the responsibility of the Contractors to supply all plant and material required to complete the scope of works.

C3.4.2.2 Materials, samples and shop drawings

All materials used in the works shall, where such mark has been awarded for a specific type of material, bear the official mark of the SANS (SANS). Written proof shall be obtained from the engineer or for any materials not bearing the official mark of the SANS (SANS) Samples shall not be submitted in support of Bids unless called for in the Bid specification. The contractor shall furnish without delay, such sampled and/or certificate as called for or maybe called for by the engineer. Material and workmanship not corresponding with approved samples may be rejected Such sample shall be supplied by a Bid at his own expense and risk and the employer shall not be obliged to pay for such samples. The employer reserves the right no return such samples and to dispose of them at its discretion.

C3.4.3 CONSTRUCTION EQUIPMENT

C3.4.3.1 Requirements for equipment

The contractor has to apply all the necessary tool a and equipment to complete the work as set out in the scope of works and insure that all tools and equipment comply with the safety standard in order to ensure that equipment can be used safely by employees

C3.4.3.2 Equipment provided by the employer



No equipment will be provided by the employer.

C3.4.4 EXISTING SERVICES

C3.4.4.1 Known services

Existing service that may be affected by the works are indicated on the general layout drawings. The information regarding existing services given on the drawings are given in good faith without any guarantee.

The contractor shall take all the necessary steps to ascertain in the location of existing services before commencing any section of the works and shall exercise the greatest care when working in the vicinity of such services,

The contractor shall complete his investigation and submit his report as provided for in clause 5.2 SANS 1200 AA not less than one week before commencing his operation in any particular area.

The contractor shall take all necessary steps to protect any existing services and works against damage, which may arise as a results of his operation on site. The contractor shall bear the cost of the repair of damage to any service, the possible existence of which could reasonably have been ascertained by him in good time.

Where the Contractor is responsible for the cost of repairs carried out by the Employer or others, the costs will be recovered by means of a deduction from the Contractor's monthly payment certificate. The Employer will attend to the payment of monies due to others.

C3.4.4.2 Treatment of existing services

After locating the exact position of services, whether indicated on the drawings or not, such services shall be deemed to known services and the contractor shall be liable for all costs and subsequent costs arising from the damage thereof as a results of the contractor activities. These services must also be indicated on the As-built drawings.

All services must be located and opened for inspection by the engineer before commencing trench excavation. Any costs or losses suffered by the contractor as a result of not abiding by this specification will be for the contractor’s account.

Where work is to commence in the vicinity of main services (electrical, G. P. O etc) an excavation certificate must be obtained from the local authority prior to any excavation starting.

C3.4.4.3 Use of detection equipment for the location of underground services

The Contractor may make use of any means deemed necessary to locate underground services. The Contractor may liaise with the owner of the service to ascertain the availability of detection equipment for the location of underground services.

C3.4.4.4 Damage to services

The contractor will be responsible to repair and reinstate services and structures that he will have damaged during the construction process.

The contractor shall take all the necessary steps to certain the location of existing services before commencing any section of the works and shall exercise the due diligence when working in the vicinity of such services.

C3.4.4.5 Reinstatement of services and structure damaged during construction

The Contractor shall reinstate the service and/or structure damaged during construction to its original state. Any disruption in service caused by the damage shall be restored before 16h00 on the day of damage.

Where the Contractor is responsible for the cost of repairs carried out by the Employer or an outside Authority, the costs will be recovered by means of a deduction from the Contractor’s monthly payment certificate. The Employer will attend to the payment of monies due to outside authorities.

C3.4.5 SITE ESTABLISHMENT



C3.4.5.1 Service and facilities provided by the employer

A specific area in close proximity to or on the site of the works will be made available by the employer to the contractor for the contractor site establishment. The specific area for the contractor shall have sole use of such area, free of charge, for the duration of the contract. The contractor shall use this area only for the purposes of erecting his site officers, workshop, stores and the other facilities required for the execution of the contract, the contractor shall not use the area nor allow it to be used for any purposes not directly associated with the execution of the contract

The contractor shall be responsible for arranging, at his own cost, for the provision of all services he may require in the area, as well as elsewhere on the site.

Should the contractor deem the area made available by the employer to be inadequate or unsuitable for the contractor particular needs, then the contractor shall be at liberty to make his own arrangements with the owners of the sites which he considers are better suited to his needs, provided always that the use by the contractor of any area other than that made available to him by the employer shall be subjected to the prior written approval of the engineer, which approval shall not be unreasonably withheld and provided further that the contractor shall have no claim against the employer in respect of any costs incurred by hi, either directly or indirectly in consequence of utilising any area other than that made available to him by the employer, and which costs exceed those costs allowed for by the Contractor in his bid.

C3.4.5.2 Facilities provided by the contractor

(a) Facilities for the Engineer

The Contractor shall provide on the Site, for the duration of the Contract and for the exclusive use of the Engineer and/or his Representative (as applicable), the various facilities described hereunder. All such facilities shall be provided promptly on the commencement of the Contract and failure on the part of the Contractor to provide any facility required in terms of this specification shall constitute grounds for the Engineer to withhold payment of the Contractor’s bid Preliminary and General items until the facility has been provided or restored as the case maybe:

14.9.1.1 Office accommodation

No separate office is required for the Engineer or his Representative, and the Engineer will make his own arrangement for office accommodation. Payment for this term will be according to PSA 8.4.2.1(a) in the Particular Specification.

The Engineer and his Representative shall be allowed free use of all the Contractor’s site facilities.

14.9.1.2 Site meeting venue

The Contractor shall provide within his own site establishment facilities, a suitably furnished office or other venue capable of comfortably accommodating a minimum of six (6) persons at site meeting. The Engineer shall be allowed free use of such venue for conducting any other meeting concerning the Contract at all reasonable times.

14.9.1.3 Contract name boards

One contract name board shall be erected for this contract. Due to the nature of this project the Engineer shall take responsibility for the erection of the contract name board, which name board shall, unless otherwise specified elsewhere in the Contract, comply with the recommendations for the standard board of the South African Association of Consulting Engineers, with regard to size, painting, decorating and detail, and the requirements described hereunder. Payment for this item will be according to PSA 8.3.2.1(c) in the Particular Specification.

Each name board shall be made of tempered hardboard with a thickness of at least 12 mm, so braced on the reverse side as to prevent warping and shall be mounted on two or more, as necessary, firmly planted poles. The painting of the boards shall comply with the relevant requirements of CKS 193 and the colours of the paints shall be an acceptable match to the applicable colours given in SANS 1091.

The contract name board shall remove them on completion of the contract



14.9.1.4 Survey equipment and assistant

The Contractor shall provide for use during this contract to the Engineer survey equipment and assistants for the duration of the Contract. Payment for this item will be according to PSA 8.4.2.1(d) in the Particular Specification.

The Contractor shall provide all pegs, concrete, tools and other necessary items as well as all necessary labour for excavation, bush clearing, mixing and placing of concrete, as and when required for the control of the setting out of the Works.

14.9.1.5 Telephone facilities

The Contractor shall provide on Site for the duration of the Contract, the following telephone facilities for the use of the Engineer and his Representative:

Telkom telephones

Telkom telephones are not required for this contract.

Cell phones

The Engineer and his Representatives will make their own arrangements for the provision of a cell phone for the duration of the Contract. Payment for this item will be according to PSA 8.4.2.1(b) in the Particular Specification.

14.9.1.6 Site Instruction Book

Each Contractor shall keep a triplicate book for site instructions on Site at all times.

(b) Water

The Contractor shall, at his own expense, be responsible for obtaining and distributing all water as may be required for the purposes of executing the Contract, including water for both construction purposes and domestic use, as well as for making all arrangements in connection therewith. The Contractor shall further, at his own expense, be responsible for providing all necessaries for procuring, storing, transporting and applying water required for the execution of the Contract, including but not limited to all piping, valves, tanks, pumps, meters and other plant and equipment, as well as for all work and superintendence associated therewith.

The sources of all water utilised for the purposes of the Contract shall be subject to prior approval of the Engineer, which approval shall not be unreasonable withheld.

The Contractor shall comply with all prevailing legislation in respect of drawing water from natural and other sources and shall, when required by the Engineer, produce proof of such compliance. The distribution of water shall be carried out by the Contractor strictly in accordance with the applicable laws and regulations.

All water provided by the Contractor for construction purposes shall be clean, free from undesirable concentrations of deleterious salts and other materials and shall comply with any further relevant specifications of the Contract. The Contractor shall, whenever reasonably required by the Engineer, produce test results demonstrating such compliance. Water provided by the Contractor for human consumption shall be healthy and potable to the satisfaction of the health authorities in the area of the Site.

No separate payment will be made to the Contractor for the obtaining, distribution and consumption of water, the costs of which will be deemed to be included in the Contractor’s bid rates.

(c) Electricity

The Contractor shall, at his own expense, be responsible for obtaining and distributing all electricity as he may require for the purposes of executing the Contract, including electricity for both construction purposes and domestic use, as well as for making all arrangements in connection therewith.



The distribution of electricity shall be carried out by the Contractor strictly in accordance with the applicable laws and regulations.

No separate payment will be made to the Contractor for the obtaining, distribution and consumption of electricity, the costs of which will be deemed to be included in the Contractor’s bid rates.

(d) Excrement disposal

The Contractor shall, at his own expense, be responsible for safely and hygienically dealing with and disposing of all human excrement and similar matter generated on the Site during the course of the Contract, to the satisfaction of the responsible health authorities in the area of the Site and the Engineer. All such excrement shall be removed from the Site and shall not be disposed of by the Contractor on Site. The Contractor shall further comply with any other requirements in this regard as may be stated in the Contract.

No separate payment will be made to the Contractor in respect of discharging his obligations in terms of this sub clause and the costs thereof shall be deemed to be included within the Contractor’s bid Preliminary and General Items.

C3.4.5.3 Storage and laboratory facilities

In order to facilitate compliance with the general conditions of contract, the Contractor may, if necessary establish storage, works offices, workshops, mess-rooms, kitchens, shelters for watchmen, latrines, ablutions, temporary buildings, fences and the like at the contractors site and in such positions and under such conditions as may be agreed by the Employer.

Covered accommodation for perishable or corrodible materials, fittings and the like shall be made adequate and suitable for their purpose. In the case of cement, the store shall be well ventilated, weatherproof and waterproof with floors raised off the ground, so as to keep the materials perfectly dry and freely aerated.

The Contractor’s site and surrounding areas shall be kept clean and tidy and at the completion of the works and contract, shall be restored to its original condition at the Contractor's cost and to the satisfaction of the Employer.

C3.4.5.4 Vehicles and equipment

No specific requirement for vehicles, computers or furniture for the use by the employer or his agents. Cognisance should be taken of the requirement described under Item C3.4.5.2

C3.4.5.5 Advertising rights

The Contractor shall not be allowed to erect any advertisement board other than the official contract notice board on site.

C3.4.5.6 Notice Boards

Cognisance should be taken of the requirement described under item C3.4.5.2.

C3.4.5.7 SITE USAGE

The Site allocated to the Contractor may be used for the duration of the Contract. The Contractor shall return the site in the same condition as obtained at the point of taking possession of the site. Please take note that no construction debris may be disposed of on site.

C3.4.5.8 PERMITS AND WAY LEAVES

The Contractor shall be responsible to obtain all the way leave required under this Contract. A separate payment item has been included under Section 1200A of the Schedule of Quantities to compensate the Contractor for all his expenses to obtain the way leave.

C3.4.5.9 ALTERATION, ADDITIONS, EXTENSIONS AND MODIFICATIONS TO EXISTING WORKS



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.

C3.4.5.10 INSPECTION OF ADJOINING PROPERTIES

Sufficient photos of existing structures, wall and areas that have to be crossed must be taken by the Contractor and handed over to the Engineers before such operations commence. No payment will be made in this regard and it shall be deemed covered in the Preliminary and General Items.

C3.4.5.11 SURVEY CONTROL AND SETTING OUT OF THE WORKS

Setting out of the works is the sole responsibility of the Contractor and shall be done according to provisions of PSA 5.11






C3.5 : MANAGEMENT

C3.5.1 MANAGEMENT OF THE WORKS

C3.5.1.1 Applicable SANS and SANS standards

a) The following SANS 1921 Construction Works standards and associated specification data are applicable:

i) SANS 1921-1 : General

ii) SANS 1921-2 : Accommodation of traffic on public roads occupied by the contractor

iii) SANS 1921-4 : Third party management support

iv) SANS 1921-5 : Earthworks activities which are to be performed by hand

v) SANS 1921-6 : HIV/AIDS Awareness

b) The specification data applicable to the SANS 1921 standards referred to in a) are as follows:

Standard Clause Specification Data

SANS 1921-1 Essential Data:

4.1.7 There are no requirements for drawings, information and calculations for which the Contractor is responsible.

4.2.1 The responsibility strategy assigned to the Contractor for the works is A.

4.9.3 The trees and shrubs which are not to be disturbed are identified in the Scope of Works.

4.14 The requirements for the Facilities for the Engineer are stipulated in the Scope of Works

Variations:



5.1 The depth of trenches which are to be excavated by hand is 1.5 m.

Variations:



5.2.1(a) A qualified service provider is a service provider is one that is accredited or provisionally accredited training service provider in the HIV/AIDS field

Variations:



C3.5.1.2 Planning and programming

It is a prerequisite of this contract that minimal disruption of the public is ensured during construction.

The Employer accepts no responsibility for any work done outside the site boundaries without the Engineer's approval. The Contractor himself is responsible for liaison and arrangements with the Engineer in connection with the finalisation and approval of the construction programme.

The Contractor shall submit his programme of work to the Engineer not later than 14 days after the Contractor has been notified of the acceptance of his Bid and only

Failure to comply with these requirements will entitle the Engineer to use a programme based on his own assumptions for the purpose of evaluating claims for extension of time or additional payments.

If the programme submitted by the Contractor in terms of Clause 15 of the General Conditions of Contract, has to be revised because the Contractor is falling behind in his programme, he shall submit a revised programme of how he intends to regain lost time to ensure completion of the Works within the period defined in Clause 45 of the General Conditions of Contract or within a granted extension of time. A proposal to increase the tempo of work must incorporate positive steps to increase production either by more labour and plant on the site, or by using the available labour and plant in a more efficient manner.

Failure on the part of the Contractor to submit or to work according to the programme or revised programmes shall be sufficient reason for the Engineer to take steps as set out in Clause 58 of the General Conditions of Contract.

The approval by the Engineer of a programme shall have no contractual significance other than the Engineer will be satisfied if the work is carried out according to the programme. The said approval shall not limit the right of the Engineer to instruct the Contractor to vary the programme if necessary. The Contractor shall allow for the effect of normal rainfall and special non-working days in his programme.

C3.5.1.3 Sequence of the works

The sequence of the works shall be indicated on the construction programme as required above.

C3.5.1.4 Software application for programming

The format for programming shall be Microsoft Projects or Microsoft Excell and delivery shall be made by means of paper documentation and/or electronic form.

C3.5.1.5 Methods and procedures

The Contractor shall deploy the required methods and procedures during the phases of this contract to keep the progress of the Works up to-date with the critical path on the construction programme. All construction methods and procedures will be monitored by the Engineer.

C3.5.1.6 Quality plans and control

The onus to produce work that conforms in quality and accuracy of detail to requirements of the Specifications and Drawings rests with the Contractor, and the Contractor shall, at his own expense, institute a quality control system and provide suitably qualified and experienced personnel, together with all transport, equipment and tools to ensure adequate supervision and positive control of the Works at all times.

The cost of supervision and process control, including testing carried out by the Contractor, will be deemed to be included in the rates bid for the related items of work.

The Contractor’s attention is drawn to the provisions of the various Standardized Specifications regarding the minimum frequency of testing required. The Contractor shall, at his own discretion, increase this frequency where necessary to ensure adequate control.

On completion and submission of every part of the work to the Engineer for examination and measurement, the Contractor shall furnish the Engineer with the results of the relevant tests, measurements and levels to demonstrate the achievement of compliance with the Specifications.

C3.5.1.7 Environment



C3.5.1.7.1 Preamble

The Contractor, and any person working in a construction area is to ensure that he and his employees are at all times fully aware of, and sensitive to the need to conserve the environment in which he is working, and to leave it, if possible, in a better state than that in which he found it.

The environment includes, inter alia, the quality of soil, water, air, plant life, animal life and human life, including both the social and physical condition under which people live.

C3.5.1.7.2 Site Management

Maintenance of plant and vehicles is to be carried out on hard standings. Any such hard standing shall be removed on completion

All waste, including oils, fuels, containers, and other used excess materials shall be placed in waste bins and removed from the site or taken to an approved disposal site.

Any top soil removed shall be stacked in piles of heights less than 1m and is to be re-spread and seeded with appropriate varieties of plants on completion of the works.

Fuel and lubricant stores should be on hard standing, preferable fenced. Spillage on the hard bare ground is not permissible.

Water courses may not be interfered with or altered in any way.

Toilet facilities are to be provided for use of all employees. The contractor is to ensure that they are correctly maintained and used

Condoms shall be provided on site.

C3.5.1.7.3 Erosion Control

On roads with gradients greater than 10% drains, are to be provided at 10m intervals to 15m intervals on erodible soils.

Adequate sedimentation control measures will be enforced where excavations or disturbance of drainage lines or wetlands may take place.

During infrastructure development, erosion control measures have to be included in construction plans.

Roads are to have storm water drainage canals.

C3.5.1.7.4 Solid Waste Management

No on-site burying of dumping of any waste materials or litter shall occur. The contractor shall provide vermin and weather - proof bins with lids of sufficient number and capacity to store the solid waste produced on a daily basis.

C3.5.1.7.5 ‘NO – GO’ AREAS

Certain areas shall be ‘no – go’ areas. These include naturally vegetated areas such as drainage and thicket lines, riverine areas, wetland etc. Such areas shall not be included in the layout for field cultivation and are to be left undisturbed.

‘No – go’ areas are to be clearly demarcated.

The contractor shall ensure that no person, machinery equipment of materials enter the ‘no – go’ areas at any time.

C3.5.1.7.6 Protection of flora and fauna and community relations

The contractor shall ensure that all flora species within the project that have marked, will not be removed, damaged or disturbed.

Trapping, poisoning and/or shooting of animals is strictly forbidden.

The contractor shall ensure that all unmarked trees removed from the field shall be moved to the edge of the field for collection by the community for use as fuel. Only shrubs may be burnt.

C3.5.1.7.7 Water Contamination

Potential pollutants of any kind and in any form shall be kept, stored and used in such a manner that any escape can be contained and the water table not endangered. Water containing such pollutants as cements, concrete, lime, chemicals and fuels shall be discharged into a conservancy tank for removal from the site. This particularly applies to water emanating from concrete batching plants and concrete swills, and to runoff from fuel depots/workshop/truck washing areas.



C3.5.1.8 Accommodation of traffic on public roads occupied by the contractor

The Contactor is responsible to incorporate all safety measures to ensure that the travelling public commutes with minimum inconvenience and maximum safety. The Contractor will also be responsible to deploy the necessary personnel, road signs, barricades and any other warning devices to establish the

required traffic control facilities and to eliminate hazardous road conditions.

C3.5.1.9 Testing, completion, commissioning, and correction of defects

The Contractor must allow in his Bid for all test and corresponding services that are required from him. The Contractor must be able to provide quality results to the Engineer as proof compliance to the Specifications.

C3.5.1.10 Recording of weather

Daily rainfall and temperature records are to be maintained by the Contractor and this data entered in the Daily Diary.

C3.5.1.11 Format of communications

A triplicate book for Site Instructions shall be supplied free of charge by the Contractor and shall at all times be kept on the Site and accessible to the Engineer during normal working hours. At the end of the Contract the Contractor shall hand the Site Instruction Book to the Engineer.

C3.5.1.12 Key personnel

It is the Contractor’s responsibility to provide all particulars of key personnel if and when required by the Engineer.

C3.5.1.13 Management meeting

Site meetings will be held (normally at weekly intervals) to evaluate the progress of the Contract and to discuss matters pertaining to the Contract. . All parties will be informed of site meetings.

The dates and times of the site meetings will be determined by the Employer.

The Contractor’s Authorised Representative shall attend all site meetings on the site with the Employer.

Failure of the Contractor’s Authorised Representative to attend any such meeting shall be considered a serious breach of Contract.

C3.5.1.14 Forms of contract administration

All quality control forms over and above those mentioned in C3.5.1.10 above may be provided by the Engineer and/or requested by the Engineer from the Contractor. The Contactor shall then supply such forms with the relevant information at any set time.

C3.5.1.15 Electronic payments

The Contractor shall provide all banking details relevant to the Biding company as requested in the list of returnable documents.

C3.5.1.16 Daily Records

All daily records are to be according to C3.5.1.10

C3.5.1.17 Bonds and guarantees

The liability of the guarantee shall be for the percentage, as stipulated in C1.2: Contract Data of this document, of the contract amount that the Bid will be appointed for. The guarantee must be submitted to the Engineer as stipulated in C1.2: Contract Data of this document.

C3.5.1.18 Payment Certificates



The Contractor shall be responsible for preparing his/her payment certificates on upon approval of the Engineer of the measured quantity of the work done. The engineer will validate the claim and submit it for payment by the Employer.

Fixed-charge and Value-related Items

The sum Bided for each relevant fixed-charged and value-related item will be paid as follows:

50% with the first certificate but subject to a maximum initial payment of 5% of the nett accepted value of scheduled work excluding the preliminary and general section

25% when the value of work completed reached 50% of the measured value

25% with the final certificate shall be paid when the Contractor has met all his obligations in respect of the relevant items

Time-related Items

Payment for time-related items will be effected as follows only after payment for the relevant fixed-charge item has been made: Items will be scheduled as monthly rates and paid accordingly with every monthly certificate.

NOTE: An approved extension of time will qualify the Contractor to receive payment for each relevant

time-related item for the extension in months, and part thereof, valued at the unit monthly rate tend

C3.5.1.19 Permits

The Contractor is responsible to obtain any necessary permits relevant to the location works and/or requirement of the Employer

C3.5.2 HEALTH AND SAFETY

C3.5.2.1 Health and safety requirements and procedures

C3.5.2.2 OCCUPATIONAL HEALTH AND SAFETY

Both the "Factories, Machinery and Building Work Act (Act 22 of 1955) and the "Machinery and Occupational Safety Act (Act 6 of 1983)" must, wherever they appear in the SANS 1200 standardised specifications, be substituted by the "Occupational Health and Safety Act (Act 85 of 1993) as amended and the Construction Regulations 2003 published in terms of the said act during 2003.

C3.5.2.3 OCCUPATIONAL HEALTH AND SAFETY SPECIFICATION

The works requires the Contractor to excavate in public areas, in residential as well as business and industrial areas where pedestrians and vehicular traffic will be encountered. The Contractor shall protect the site of works from the public for the duration of the activities at the various sites. Before the Contractor leaves a site, the surface shall be reinstated to it’s original state before construction started.

The Contractor shall apply suitable proven methods for construction so that his activities will not constitute a hazard to the public or any adjacent property. All excavations shall be suitable safeguarded and barricaded especially during night-time, weekends or holidays and any other day of inactivity by the Contractor. The Contractor shall also ensure that excavations are shored or otherwise made safe. No additional payment will be made to the Contractor for complying to these requirements.

The excavations will be in developed areas. The Engineer submitted the drawings to various service authorities to mark their services on the drawings. The Contractor shall take care in excavation and assume that there may be services such as high voltage cables even though it is not marked on the drawings.

The Contractor shall take note of the possibility of overhead services and plan accordingly.

Some excavations may in existing pipe trenches and there is a possibility of hazardous materials that were disposed of during backfilling.



In the construction of the toilets, the height of the structures and the precast concrete roof slab will need power equipment to lift and position.

C3.5.2.4 OCCUPATIONAL HEALTH AND SAFETY PLAN

The Contractor’s Occupational Health and Safety Plan must be approved by the Employer before any construction work may commence. In case of a variation order the Contractor shall do a risk assessment of the work involved in the VO and if necessary must adjust his Occupational Health and Safety Plan accordingly. Protection of the public

The Contractor shall at all times ensure that his operations do not endanger any member of the public.

C3.5.2.5 Barricades and lighting

In terms of the Occupational Health and Safety Act, No 85 of 1993 every excavation that is accessible to the public or that is adjacent to a public road or thoroughfare, or by which the safety of persons may be endangered, shall be

C3.5.2.5.1 Excavations Other Than Trenches:

(a) Adequately protected by a barrier or fence at least one metre high erected as close to the excavation as is practicable; and

(b) Inspected by watchmen employed by the Contractor to ensure that barricades are effective at all times.

C3.5.2.5.2 Safeguarding of Excavations

The Contractor or his agent or representative appointed in writing shall be deemed to be and shall be both the "employer" and "a person who is competent to pronounce on the safety" of all bracing and shoring as set out in Regulation 13 (Demolition and Excavation) of the General Safety Regulations of the Occupational Health and Safety Act, No 85 of 1993.

C3.5.2.6 Finishing and Tidying

Progressive and systematic finishing and tidying will form an essential part of this contract. Under no circumstances shall spoil, rubble, materials, equipment or unfinished operations be allowed to accumulate unnecessarily and in the event of this occurring the Engineer shall have the right to withhold payment for as long as necessary in respect of the relevant works in the area(s) concerned.

C3.5.2.7 Measures against disease and epidemics

The Contractor should take all reasonable steps to safeguard the site against the spread of disease and epidemics.

C3.5.2.8 Aids awareness

The Contractor should acquaint himself with local HIV/AIDS awareness campaigns and in conjunction with the said awareness campaigns educate and inform all employees.






C3.6 : HEALTH AND SAFETY SPECIFICATION

PARTICULAR SPECIFICATION: PE

PARTICULAR SPECIFICATION PE: THE CLIENT’S PRE-CONSTRUCTION AND HEALTH PLAN

PE1 INTRODUCTION

PE1.1 Purpose and Scope

This document describes the procedure upon which the COMPANY should comply with the

requirements set out in the client’s Health and Safety Specification.

This document defines the Management System that is implemented by the COMPANY for the

management of Health and Safety on the project, which includes ensuring subcontractor compliance

with the same standards.

The aim of this document is to present the safety aspects that will be controlled and managed on the

project.

PE1.2 Reference Documents

Occupational Health and Safety Act, (Act No. 85 of 1993)

Compensation for Occupational Injury and Diseases Act.

Client Health and Safety Specification.

Construction Regulations 2003.

The Construction Kit. (CD)

PE1.3 Definitions

The following definitions will apply to the Safety Management Plan, acronyms given hereunder should

apply:

Construction / Building Work (as defined by the Occupational Health and Safety Act: Construction

Regulations 2003):

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 and Risk Assessment and Risk Control (HRA):



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.

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 Engineer and/or client.

The Act

Means, unless the context indicates otherwise, the Occupational Health and Safety Act, 1993 (ACT NO.

85 of 1993) and Regulations promulgated there under. (OHSA)

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.

Contractor’s Responsible Person / s

Means any person appointed in writing by the Contractor to supervise construction or building work. The

appointment should be as required by the OHSA which should 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 (TEM)

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

Means “subcontractor”.

Health and Safety Program

Encompasses the company safety planning spreadsheet.

Health and Safety Plan (HSP)

The content of this document which will be made available on site for inspection by an inspector,

Technical Officer, Agent, subcontractor, employee, registered employee organisation, health and safety

representative, or member of the health and safety committee.

Health and Safety File

Describes the safety file holding all records on health and safety for the project, which should be

available at all, times for evaluation, and copy of which will be forwarded to the client upon completion of

the project.



PE1.4 Responsibilities

1.1.8.1 Notification of Intention to Commence Construction Work

The Provincial Director of the Department of Labour should be notified by the appointed safety

consultant to the COMPANY, immediately upon receipt of the Letter of Acceptance of project

commencement in accordance with the following requirements:

The demolition of a structure exceeding a height of 3 meters; or

The use of explosives to perform construction work; or

The dismantling of fixed plant at a height greater than 3 meters; or

The work exceeds 30 days or will involve more than 300 person days of construction work; and

Includes excavation work deeper than 1 meter; or

Includes working at a height greater than 3 meters above ground or a landing.

A copy of the notification letter to the Provincial Director should be forwarded to client for their records

and should be made available to an Inspector, Project Engineer or employee.

1.1.8.2 Assignment of Contractor’s Responsible Persons to Supervise Health and

Safety on Site

The Contracts Manager and Site Agent should ensure copies of all the appointment letters of the

responsible persons appointed on site will be made available to the client and that all legal appointments

should be conducted in accordance with the requirements set out in the OHSA and Client specifications.

The above should also be imposed upon all subcontractors.

1.1.8.3 Safety Officer Appointment

A part--time Health and Safety consultant should be appointed upon commencement of the project.

The safety officers should be tasked with monthly inspections of the site, the results of which should be

forwarded to the client or his appointed representative.

1.1.8.4 Risk Assessment Competent Person

The Project Manager should appoint a competent person in writing at commencement of the project to

control the risk assessment process on site. A copy of the risk assessment appointment is attached with

duties and responsibilities defined.

(Annexure E)

1.1.8.5 Competency for Contractor’s Responsible Persons

The Project Manager acknowledges that all management personnel (responsible for health and safety)

should undergo a half-day Health and Safety Management Course, which is to be arranged and

conducted by the appointed safety consultant prior to commencement of activities on site

1.1.8.6 Health and Safety Representatives

At least one (1) Health and Safety Representative should be nominated, elected and trained to carry out

his / her functions in his / her area of responsibility. This will include areas where less than fifty (50)

employees are engaged in activity. Employees elected should be designated in writing for a specific

area and period of time.

The designated persons should conduct monthly inspections within their area of responsibility, the

records should be kept for auditing and that deviations recorded are reported to the responsible

supervisor within the designated persons’ area so that appropriate action can be taken.



The designated person/s should be permitted to participate in the Health and Safety Committee

Meetings.

PE1.5 Objectives and targets

Compliance with the COMPANY Health and Safety Policy.

Everyone is responsible for organising accident prevention at his or her own level on site.

Safety training is important.

Prevention.

Working safely ensures your job.

The COMPANY management commits itself to the objectives and targets.

Disabling Injury Frequency Rate (DIFR) of 2.0 or less.

90% compliance on monthly Health and Safety Audits.

Compliance with the legal requirements set out in the Occupational Health and Safety Act, Act

85 of 1993, (OHSA) and Regulations.

Compliance with the Client’s Safety Specification for Construction.

PE1.6 Planning and Procedure

The procedures to be used for the project are to be in accordance with the Safety Manual in use in the

COMPANY under the guidance of the appointed safety consultant.

The sub-headings covered under the Safety Manual are as follows:

Administration

Appointments

Safety Committees

Registers, checklists and permits

Incident Management

Emergency Planning

Contractors

Risk Assessments

Audits

Hazardous substance control

Training

Mining Requirements

Roads Requirements

Planning

PE1.6 Implementation of the Occupational Health and Safety Specification

The COMPANY is committed to implementing client specific safety specification on the project and is

committed see that this forms an integral part of the project. It is our intention to make this specification

part of other Contractors and Suppliers operating procedures.

PE1.7 Application of the Health and Safety Specification

1.1.8.7 Compensation of Occupational Injuries and Diseases Act, Act No. 130 of 1993 (COIDA)

1.1.8.8

The letter of good standing will be available on site for reference purposes as proof of good

standing.

The COMPANY should ensure all Contractors also comply with the above requirements

defined in the COIDA.



1.1.8.9 Occupational Health and Safety Policy

The Health and Safety Policy is attached for reference purposes. (Annexure A)

1.1.8.10 Hazard Identification Risk Assessment

The Contract Manager should ensure the Site Agent should prior to the commencement of any

construction work perform Hazard Identification, and the assessed risks should form part of the

health and safety plan applied on site.

A copy of the HRA should be made available for viewing to the client.

The Site Agent should ensure that all HRA’s conducted will be conveyed to all personnel and

contractors through the site training program and that these training sessions will be presented

by the competent person regarding the hazard and related work procedures before any work

commences.

The HRA Team that will be established will comprise members as follows:

Health and Safety Representative(s),

Health and Safety Committee Member(s)

Management Representative / Site Agent

Attached in the form of Annexure C and D, the Hazardous Task Identification and (HTI) and

format of the Risk Assessment (RA) is included.

Method statements form part of the Risk Process and will conducted in accordance with the

Risk Process described above.

Based on the activities carried out on all projects Hazard Investigation and Risk Assessments

(HRA’s) will be done. Examples of which are:

Site Establishment

Demolition works

Excavation

Concrete works

Lifting operations

Hand held tools

Motorised Equipment

1.1.8.11 Health and Safety Committee

The Project should convene a health and safety committee meeting monthly. All members

required to be in attendance should be notified of such meeting by means of a formal agenda.

The Site Agent should ensure an attendance register and minutes are kept for auditing

purposes, and that a copy of the minutes are circulated to all members in attendance well

before convening the next meeting and within 7 days, a copy of the minutes will be forwarded

to the project engineer.

Members of the committee should include the following and are not limited to:

Safety Consultant. (When available)

Contractor’s site representative. (Supervisory level)

Contractor’s site representatives. (Operating level)

Project Engineer nominated representative. (Co-opted status)

1.1.8.12 Health and Safety Training



Training of personnel is a legal requirement and a necessity and is acknowledges as such. The Training

Planning Matrix should be provided upon request.

Induction Training

Induction training should be attended with the Client as well as The COMPANY Induction program

requirements and records of attendance kept to prove the same.

The COMPANY Induction format is attached for reference purposes. (Annexure E)

Awareness Training

Weekly awareness training should be conducted using The COMPANY Toolbox Talk documents, which

should be conducted by the site supervisors. (Annexure F)

Competency

Training identified through the Risk Assessment Process and conducted through this process should be

kept on file as proof of competency and training. (This may include operators)

First Aid and Health & Safety Representative Training

All safety representatives elected and designated, including first aiders, should be trained should they

not already be in possession of a valid certificate of training proving competence.

General Record Keeping

The Site Agent should ensure that all the Health and Safety records, required by both the Occupational

Health and Safety Act, 85 of 1993 and Regulations are kept for reference purposes and auditing.

Further to the requirements set out above, the Site Agent will also maintain records that may be defined

through the risk assessment process, for auditing purposes.

In accordance with the requirements set out in the Construction Regulations 2003 and the requirement

set out in Client Specification the Site Agent should ensure that a copy of all Health and Safety records

generated during the course of construction, be handed over to the Project Engineer upon completion of

construction.

Statistics

The Site Agent should ensure injury and incident records (Near Hits, First Aid, Medical cases, Disabling

Lost Time Incidents), training etc. referred to above are kept on site. All documents should be made

available to the client for inspection including the Department of Labour’s Inspectors as required by the

Occupational Health and Safety Act, 85 of 1993.

The statistics formula as listed below should be adhered to.

DIFR (Disabling Injury Frequency Rate) DI’s x 1 000 000

Man-hours

DISR (Disabling Injury Severity Rate) Days Lost x 1 000

Man-hours

General Inspection, Monitoring and Reporting



The COMPANY should comply with the requirements set out by the client. We have attached a safety

management plan upon which the dates of inspections and training and awareness will be entered,

conducted and monitored.

The COMPANY should keep all records of inspections and investigations undertaken during the contract

for the specified legal period as defined in the OHSA and Regulations.

Internal Audits

Internal audits should be conducted a minimum once per month by the project engineer, as well as the

appointed safety consultant.

The Results should be tabled and discussed at the Health and Safety Committee meetings.

The Audits to be conducted by the appointed safety consultant should be conducted on the audit

schedule attached as per Annexure G.

Records of the audits should be forwarded to the Project Engineer and should be filed on site for

reference purposes.

1.1.8.13 Incentives

No incentive scheme is being identified unless required by the client.

1.1.8.14 Penalties

Non-compliance with the client safety specifications can result in work stoppages and possible

expulsion from site until the problem has been remedied including costs.

1.1.8.15 Emergency Procedures

The Site Agent should make available to the Project Engineer a detailed Emergency Plan to tie into the

evacuation plan already in place on the client’s premises.

First Aid Box and Contents

The Site Agent should ensure that all working areas area adequately provided with first aid attendants

whether there are fifty (50) employees or less engaged on the contract. The First Aid attendant should

be trained in accordance with the requirements set out in the OHSA with recognised and accredited

service providers as defined above.

Proof of training attended (certificate) should be attached to the written acceptance of appointment. It

will be the first aid attendant’s responsibility to ensure the contents of the first aid boxes are monitored

and inspections recorded on the contents of the first aid box register.

The first aid box should be adequately stocked by The COMPANY at all times and will be accessible to

all.

Accident and Incident Reporting and Investigation

Should accident investigation need to be conducted, the Project Manager should appoint a competent

person in writing to conduct the said investigation. The procedure to be followed will be in accordance

with the OHSA requirement on the Annexure 1 – Recording and Investigation of Incident form.

The Site Agent should ensure that the results of all investigations are communicated to the employees

engaged through incident recall and prescribed meetings. The Site Agent should ensure that the

investigations are kept for record purposes in accordance with the prescribed requirements set out in

the OHSA and the company specific procedures.



Should there be an incident; the Project Engineer should be notified within 48-hours if required by the

client, of the occurrence. It is acknowledged that the client reserves the right to participate in all

investigations into accidents or incidents.

Hazards and Potentially Hazardous Situations

The Site Agent should ensure that all other contractors or contractors are warned of hazardous or

potentially hazardous situations, which may prevent them from effectively performing their duties,

which includes the placement of adequate warning signs.

1.1.8.16 Personal Protective Equipment and Clothing

The contractor should comply with OHSA requirements to provide PPE

The Site Agent should through the Risk Assessment process identify the specific PPE needs per activity

and then issue the PPE accordingly. (Reference to the OHSA General Safety Regulation 2 – Employer

to provide Personal Protective Equipment)

Should PPE be lost or stolen, then the employee will be issued with a new set of PPE.

Should PPE be worn out or damaged, the user should return the worn or damaged PPE and will be

issued with a replacement set. Training in the use of this should be provided.

Overalls and hardhats should be identifiable. (Principal Contractor different from the contractors)

PPE should be provided to visitors as well.

1.1.8.17 Safety Signage

The Site Agent in conjunction with the appointed safety consultant should assess the Health and Safety

Signage requirement in conjunction with the Risk Assessments conducted and will place the signage at

strategic positions on the site works.

The COMPANY should also maintain the signage to ensure its effectiveness at all times and under all

conditions. Signage, which cannot be repaired, should be replaced.

1.1.8.18 Permits

The COMPANY should ensure that access to site works is restricted to construction personnel.

All attempts will be made to restrict spectator access.

Access to the site should be by the Project Engineers (Clients) authorisation on the prescribed

form. (Permits and ID cards should be issued by the client)

Special permits for hot work and isolation permits should be applied for to the Project Engineer

prior to commencing with the activity.

1.1.8.19 Contractors and Suppliers

The Site Agent should enter into an Agreement with Mandatory in terms of Section 37(2) of the

Occupational Health and Safety Act, 85 of 1993, with all contractors appointed by The contractors is

entered into.

The Contracts Manager will ensure the contractors are issued with the Client Safety Specification where

reasonably practicable including any the COMPANY contractor packs for the project, should they not be

contained in the Client Safety Specification.

The contractors should assist and ensure the 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 should be covered by the contractor’s Safety Plan and will be issued the same.

1.1.8.20 Health and Safety in Practice Excavations

The Site Agent should ensure that all activities involving excavations, shoring, dewatering or drainage, a

safe working procedure is submitted to the project engineer for approval prior to work commencing.

Excavation work exceeding the specified depth as stipulated in the OHSA regulations, should comply

with the following requirements:

The excavations are inspected before the shift starts, after heavy rain (inclement weather) and after any

major condition which may effect the excavations stability and the findings are to be recorded and kept;

a) All excavations regardless of the depth should be adequately barricaded to prevent

persons falling into the excavation;

b) The safe working procedure should be communicated to all employees who may be

effected by the work; and

c) The safe working procedures should be enforced and maintained by the appointed

excavation supervisor at all times.

d) For high-risk activities, all personnel working in the excavation should be attached by

means of a lifeline.

e) Material excavated should be removed from the point of excavation.

f) Ensure stability of adjoining structures.

Demolition

No demolition work is being envisaged on this project.

Explosives and Blasting

No blasting activities are envisaged on this project.

Stacking of Materials and Housekeeping

The Site Agent should ensure that all stacking will be supervised by a person competent to supervise

over the activities, and that clearly defined and allocated storage areas are provided for and identified,

and that materials being stored within this area are stacked in accordance with sound stacking principles

of sort-by-sort, access to be maintained, level surface, and the height will not exceed three times the

base width.

Housekeeping should be maintained in accordance with the client requirements at all times.

1.1.8.21 Hazardous Chemical Substances

The Site Agent should ensure the necessary training and information regarding the use and storage of

HCS is provided, and that the use and storage of HCS is carried out as prescribed by the HCS

Regulations.

Furthermore, the Site Agent should ensure that all chemicals brought to site have a Material Safety Data

Sheet (MSDS) and the users are made aware of the Occupational hazards and precautions that need to

be taken when using the chemical.

The First Aider should be made aware of the MSDS and how to treat HCS incidents appropriately.

Access to all HCS records should be afforded to the project engineer at all times.

Fuel / Diesel



Bulk storage areas should be demarcated, secured and sign posted with the relevant warning

pictograms.

Bulk storage areas should be bunded.

Re-fuelling should be conducted in designated re-fuelling areas only.

Spill-kits should be available at all times in these designated areas.

The surface of the bunded areas and walls should be of impermeable material.

The bunded area should be sloped towards a collection pit.

Asbestos

No asbestos is to be used on this Project.

1.1.8.22 Plant and Machinery

Construction Plant

All plant should comply with the OHS Act requirements in relation to operation and

maintenance thereof.

Service and maintenance of the vehicles should be of a high standard at all times.

All plant should subject to design be fitted with back-up alarms and audible indicating devices.

The COMPANY should ensure that all construction plants moving parts are adequately

protected.

Pre-start inspections should be conducted on all motorised equipment daily, deviations of such

inspections should be recorded.

Construction plant identified for use should be operated by a trained and authorised operator.

All construction plant should be operated under the direct supervision of a person competent to

identify potential hazards in the work he is conducting.

Work involving the use of construction plant should be conducted in accordance with an

approved Risk Assessment.

The Site Agent should ensure all operators are equipped with the necessary PPE namely;

safety shoes, overall, safety glasses, and gloves.

Plant should be fitted with an extinguisher where practicable.

Washing should be conducted in the designated washing areas.

The COMPANY should ensure the all equipment moving to and from site is adequately secured, and

that all contractors abide by this requirement.

Transport of Personnel

Safe vehicular transport should be provided for personnel working on the project to the

workplace, which should include proper seating, side restraints and cover.

No personnel should be permitted to travel on any plant or equipment on the site works.

Road safety principles should be adhered to on and off site.

Vessels under Pressure (VuP) or Gas Bottles

The COMPANY should ensure they comply at all times with the requirements of Vessels under Pressure

Regulations, with specific reference to the following:

Ensuring all Equipment owned and hired-in Vessels under pressure, comply with the 36-month

pressure vessel inspection, and a certificate of testing is available on site.

Ensuring that all personnel who should use this equipment are competent and trained.

Ensuring the users of these equipments is issued with the required PPE.

Ensuring the area is adequately identified as a noise area and warnings are posted.

Ensuring daily pre-start inspections are carried out on all the equipment and the findings

recorded.

Ensuring the correct fire prevention and fighting equipment is available at all times.

Noise levels where possible should be kept within reasonable operating norms.



Fire Equipment

The Site Agent should ensure the following all fire equipment to be used on site comply with the

following:

Extinguishers should be placed in positions to ensure fast and easy access is maintained at all

times.

Placement of all extinguishers should be depicted with the required pictograms.

Extinguishers should be serviced once annually, and after discharge or visible signs of

depressurisation.

The Site Agent should ensure all employees are adequately trained in the safe use of the

extinguishers.

The Site Agent should ensure a person is appointed to inspect the extinguishers on a monthly

basis and the results of which are to be entered into a register designed for that purpose.

Hired Plant and Machinery

The Site Agent should ensure the following criteria are adhered to when considering hired plant and

machinery:

Only approved hire companies should supply equipment to the site.

Hired plant should be checked for safety compliance prior to being accepted for use on site.

Should hired equipment be accompanied by an operator, The COMPANY should ensure that

the operators’ competency be verified and the operator undergo an induction training session.

The Site Agent should ensure the operators of hired plant attend weekly toolbox talks in

conjunction with The COMPANY site personnel.

The Site Agent should ensure that all operators are equipped with the required PPE before

commencing work on site.

Scaffolding / Working at heights / Fall Protection

Work involving scaffolding and work at heights should comply with the requirements set out in the

Construction regulations 2003 pertaining to these activities with reference to the SABS 085 code of

practice.

Fall protection planning should be done in conjunction with the risk assessment process.

All scaffolds should be erected under the control of a person trained and appointed to conduct such

scaffold erection.

False work / Formwork for Structures

Work involving scaffolding and work at heights should comply with the requirements set out in the

Construction regulations 2003 pertaining to these activities with reference to the SABS 085 code of

practice.

Lifting Machinery and Tackle

The Site Agent should ensure that the use of Lifting Machinery and Tackle is done in accordance with

the requirements of the Regulations, which include but is not limited to the following:

Lifting machinery and tackle to be used on site should be marked with the Maximum Mass

Load (MML), which is the safe limit in which the equipment may be used.

Inspections on Lifting Machines and Lifting Tackle should be inspected once per month on the

register provided and the findings recorded.

Daily pre-start checks should also be conducted on all Lifting Machinery and Tackle.

Records should be kept of all lifting machinery and tackle inspections and Load Tests.



Load tests should be conducted a minimum of once per annum, and a certificate of compliance

should be kept on record.

A valid logbook should be maintained for all lifting machinery, which will comply with a

minimum six-monthly service and maintenance.

Lifting machinery should be operated under supervision at all times with a trained banksman

who should inspect all tackle before each lift.

All lifting equipment operators should be trained once every two years and a copy of such

training should be attached to the appointment, which is to be made on site.

The Operators should be tested for medical fitness.

Ladders and Ladder Work

The following requirements should be complied with regarding Ladders and Ladder work:

Ladders should be clearly numbered, and inspected on the register provided.

A competent person should be identified and appointed as the ladder inspector.

Where aluminium ladders cannot be used, then wooden ladders should be straight grained,

unpainted to allow for proper inspection of the grain for cracking.

Ladders should be secured at the top and chocked at the base to prevent slipping.

Where chocking of the base is not possible, then the user should ensure that the ladder is held

in position by another employee when ascending the ladder.

Ladders should be inspected a minimum once per month by the person appointed as the

ladder inspector.

Proper storage should be provided for all ladders when not in use.

General Machinery

In accordance with General Machinery Regulation 2(1), The COMPANY should:

Ensure a competent person be appointed as defined in the above clause from the Occupational

Health and Safety Act, 85 of 1993 and Regulations, to service and maintain all machinery in

use on site.

The COMPANY should appoint additional competent persons to assist the competent person

mentioned above in accordance with General Machinery Regulation 2(7) (a), as and when

required.

The COMPANY should ensure that records are maintained of all services conducted.

Lighting and Power

The Site Agent should ensure lighting circuits and power circuits are fitted with suitable earth leakage

systems in accordance with the client, which will include the following activities:

Earth leakage system will be tested monthly.

Malfunctions should be repaired immediately or replaced.

Lighting should be so positioned as not to interfere with construction activities.

Portable Electrical Tools / Explosive Power Tools

The Site Agent should ensure the following procedure is adhered to regarding Portable Electrical Tools

and Explosive Powered tools:

Minimum compliance with legislation.

Only competent persons should be permitted to conduct routine and monthly inspections on the

equipment.

Persons competent to inspect the equipment should be appointed in writing.



Persons who are trained to operate such equipment should be appointed and should be the

only authorised person to operate the equipment.

The Site Agent should ensure operation of the equipment is in accordance with the approved

Risk Assessment and Safe Working Procedure set out.

All users should undergo regular awareness training to ensure compliance.

The Site Agent should ensure the required PPE and clothing is provided and maintained.

(v) Public Health and Safety

In the interests of public safety, The COMPANY should ensure that all persons who may be affected by

the work being conducted on site are informed and kept aware of the dangers, which may arise from the

work being conducted on site.

This awareness should be in the form of posters and inductions for visitors to site and warning signs.

(w) Night Work

Night work should only be conducted upon approval of the project engineer, with the same safety

standard being applied for these activities as with day work activities.

(x) Facilities for Safe Keeping / eating areas

The COMPANY should ensure that adequate facility is provided for the personnel on site. The area

should be providing the following:

Sufficient seating;

Seating under cover;

Protected change room;

Toilets.

Hand wash facility.

Potable water.

No food preparation should be conducted on site and designated eating areas will be made to allow

adequate seating.

Waste bins should be strategically placed and cleared regularly.



ANNEXURE A (Safety Policy)



ANNEXURE B (HTI)

ANNEXURE C (Risk Assessment)



ANNEXURE D (Safety Induction)



ANNEXURE E (Toolbox talks)



ANNEXURE F (Audit Schedule)

3.1



PE1.8 OH&S File

The Principal Contractor must, in terms of Construction Regulation 5 (7), keep a health and safety file on site at all times that must include all documentation required in terms of the Act and Regulations and must also include a list of all Contractors on site that are accountable to the Principal Contractor and the agreements between the parties and details of work being done. The following documents must be kept in the OH&S file:

Notification of Construction Work (Construction Regulation 3.)

Copy of OH&S Act (updated) (General Administrative Regulation 4.)

Proof of Registration and good standing with a COID Insurer (Construction Regulation 4 (g))

Copy of health and safety plan (construction regulation 5 (1)

OH&S Programme agreed with Employer including the underpinning Risk Assessment and Method Statements (Construction regulation 5 (1))

Designs/drawings (Construction Regulation 5 (8))

A list of Contractors (Subcontractors) including copies of the agreements between the parties and the type of work being done by each contractor (Construction Regulation 9)

Appointment / Designation forms as per 3.1.1. and 3.1.2. above.

Registers as follows:

* Accident/Incident Register (Annexure 1 of the General Administrative Regulations)

* OH&S Representatives Inspection Register

* Formwork /Support work Inspection

* Excavations Inspection

* Lifting Equipment

* Demolition Inspections

* Designer’s Inspection of Structures Record

* Batch Plant Inspections

* Arc & Gas Welding & Flame Cutting Equipment Inspections

* Construction Vehicles & Mobile Plant Inspections

* Electrical Installation and Machinery Inspections

* Fire Equipment Inspection & Maintenance

* First Aid

* Hazardous Chemical Substances

* Lifting Tackle and Equipment Inspections

* Inspection of Cranes

* Inspection of Ladders

* Inspection of Vessels under Pressure

* Machinery Inspections

* Drivers/Operators of Mobile Plant/Construction Vehicles Daily Inspections

The Principal Contractor will be required to submit the abovementioned registers monthly to the chairperson of the OH&S Committee for endorsement.

The Health & Safety File must be handed over to the Employer on completion of the contract. It must contain all the documentation handed to the Principal Contractor by any subcontractors together with a record of all drawings, designs, materials used and other similar information concerning the completed project.



3.1. OH&S Goals and Objectives and Arrangements for Monitoring and Review of OH&S Performance

The Principal Contractor is required to maintain a Compensation Incidence Frequency Rate (CIFR) of at least 8 (Refer Annexure 3 - “Measuring Injury Experience”) and to report on this to the Employer on a monthly basis.

3.5.1. Identification of Hazards and Development of Risk Assessments, Standard Working Procedures (SWP) and Method Statements

The Principal Contractor is required to develop Risk Assessments, Standard Working Procedures (SWP) and Method Statements for each activity executed in the contract or project (Refer to Section 4. below “Project/Site

Specific Requirements”)

3.6. Arrangements for Monitoring and Review

3.6.1. Monthly Audit by Employer

The Employer will be conducting a Monthly Audit to comply with Construction Regulation 4 (1) (d) to ensure that the Principal Contractor has implemented and is maintaining the agreed and approved OH&S Plan.

3.6.2. Other Audits and Inspections by Employer

The Employer reserves the right to conduct other ad hoc audits and inspections as deemed necessary.

A representative of the Principal Contractor must accompany the Employer on all Audits and Inspections and may conduct his/her own audit/inspection at the same time. Each party will, however, take responsibility for the results of his/her own audit/inspection results.

3.6.3 Reports

The Principal Contractor is required to provide the Employer with a monthly report. “SHE Risk Management Report”

The Principal Contractor must report all incidents where an employee is injured on duty to the extent that he/she:

dies becomes unconscious loses a limb or part of a limb is injured or becomes ill to such a degree that he/she is likely either to die, or to suffer a permanent

physical defect, or likely to be unable for a period of at least 14 days either to work or continue with the activity for which he/she was usually employed

OR where: a major incident occurred the health or safety of any person was endangered where a dangerous substance was spilled the uncontrolled release of any substance under pressure took place machinery or any part of machinery fractured or failed resulting in flying, falling or uncontrolled moving

objects machinery ran out of control

To the Provincial Director of the Department of Labour within seven days. (Section 24 of the General Administrative Regulation 8.). The Principal Contractor is required to provide the Employer with copies of all statutory reports required in terms of the Act. The Principal Contractor is required to provide the Employer with copies of all internal and external accident/incident investigation reports including the reports contemplated in 3.9. below.

3.6.4 Review

The Principal Contractor is to review the Hazard Identification, Risk Assessments and SWP’s at each two weekly site inspection/meeting as the construction work develops and progresses and each time that changes are made to the designs, plans and construction methods and processes.

The Principal Contractor must provide the Employer, other Contractors and all other concerned parties with copies of any changes, alterations or amendments.



3.7 Site Rules and Other Restrictions

3.7.1 Site OH&S Rules

The Principal Contractor must develop a set of site-specific OH&S rules that will be applied to regulate the OH&S aspects of the construction.

3.7.2. Security and Emergency Arrangements

The Principal Contractor must establish site access rules and implement and maintain these throughout the construction period.

Access control must include the rule that non-employees will not be allowed on site unaccompanied.

The Principal Contractor must develop a set of security rules and procedures and maintain these throughout the construction period.

The Principal Contractor must appoint a competent Emergency Controller who must develop emergency contingency plans for any emergency that may arise on site as indicated by the risk assessments. These must include a monthly practice/testing programme for the plans e.g. January: trench collapse, February: flooding etc. and practiced/tested with all persons on site at the time, participating.

3.8 Training

The contents and syllabi of all training required by the Act and Regulations must be included in the Principal Contractor’s OH&S Plan.

3.8.1 General Induction Training

All employees of the Principal and other Contractors to be in possession of proof of General Induction Training

3.8.2 Site Specific Induction Training

All employees of the Principal and other Contractors to be in possession of Site Specific OH&S Induction Training.

3.8.3 Other Training

All operators, drivers and users of construction vehicles, mobile plant and other equipment to be in possession of valid proof of training.

All employees in jobs requiring training in terms of the Act and Regulations to be in possession of valid proof of training.

OH&S Training Requirements: (as required by the Construction Regulations and as indicated by the OH&S Specification and the Risk Assessment/s):

* General Induction (Section 8 of the Act)

* Site/Job Specific Induction (also visitors) (Sections 8 & 9 of the Act)

* Site/Project Manager

* Construction Supervisor

* OH&S Representatives (Section 18 (3) of the Act)

* Training of the Appointees indicated in 3.1.1. & 3.1.2. above

* Operation of Cranes (Driven Machinery Regulations 18 (11))

* Operators and Drivers of Construction Vehicles & Mobile Plant (Construction Regulation 21)



* Basic Fire Prevention & Protection (Environmental Regulations 9 and Construction regulation 27)

* Basic First Aid (General Safety Regulations 3)

* Storekeeping Methods & Safe Stacking (Construction Regulation 26)

* Emergency, Security and Fire Co-coordinator

3.9. Accident and Incident Investigation

The Principal Contractor is responsible for the investigation of all accidents/incidents where employees and non-employees were injured to the extent that he/she had to be referred for medical treatment by a doctor, hospital or clinic. (General Administrative Regulation 9).

The results of the investigation to be entered into the Accident/Incident Register. (General Administrative Regulation 9)

The Principal Contractor is responsible for the investigation of all non-injury incidents as described in Section 24 (1) (b) & (c) of the Act and keeping a record of the results of such investigations including the steps taken to prevent similar accidents in future.

The Principal Contractor is responsible for the investigation of all road traffic accidents and keeping a record of the results of such investigations including the steps taken to prevent similar accidents in future.

3.10.1 OH&S Representatives and Committees

3.10.1. Designation of OH&S Representatives

Where the Principal Contractor employs more than 20 persons (including the employees of other contractors (sub-contractors) he has to appoint one OH&S Representative for every 50 employees or part thereof. General Administrative Regulation 6 requires that the appointment or election and subsequent designation of the OH&S Representative is executed in consultation with Employee Representatives or Employees. (Section 17 of the Act and General Administrative Regulation 6. & 7.)

OH&S Representatives have to be designated in writing and the designation must include the area of responsibility of the person and term of the designation.

3.10.2. Duties and Functions of the OH&S Representatives

The Principal Contractor must ensure that the designated OH&S Representatives conduct a minimum monthly inspection of their respective areas of responsibility using a checklist and report thereon to the Principal Contractor.

OH&S representatives must be included in accident/incident investigations.

OH&S representatives must attend all OH&S committee meetings.

3.10.3. Appointment of OH&S Committee

The Principal Contractor must establish an OH&S Committee consisting of all the designated OH&S Representatives together with a number of management representatives (this number is not to exceed the number of OH&S representatives on the committee) and a representative of the Employer who shall act as the chairperson without a vote. The members of the OH&S committee must be appointed in writing.

The OH&S Committee must meet minimum monthly and consider, at least, the following Agenda:

Opening and welcome

Present/Apologies/Absent

Minutes of previous meeting

Matters arising from the previous minutes



OH&S Representatives Reports

Incident Reports & Investigations

Incident /Injury statistics

Other matters

Endorsement of Registers and the statutory documents by a representative of the Principal Contractor

Close/Next Meeting



CONSTRUCTION OCCUPATIONAL HEALTH - SAFETY - ENVIRONMENT

AUDIT SYSTEM

(Based on the New Construction Regulations)

* Denotes items applicable to both Construction sites and Contractors Plant/Storage

1. ADMINISTRATIVE & LEGAL REQUIREMENTS

Section/Regulation Subject Requirements Yes/No

Construction Regulation 3

Notice of carrying out Construction work

Department of Labour notified

Copy of Notice available on Site

General Admin. Regulation 3

*Copy of OH&S Act (Act 85 of 1993)

Updated copy of Act & Regulations on site

Readily available for perusal by employees

COID Act

Section 80

*Registration with Compensation. Insurer

Written proof of registration / Letter of good standing available on Site

Construction Regulation 4 & 5(1)

OH&S Specification & Plan

OH&S Specification received from Employer OH&S plan developed Updated regularly

Section 8(2)(d) and Construction Regulation 6

*Hazard Identification & Risk Assessment

Hazard Identification carried out/Recorded Risk Assessment and Plan drawn up/Updated Risk Assessment Plan available on Site Employees/Subcontractors informed/trained

Section 16(2) *Assigned duties (Managers)

Responsibility of complying with the OH&S Act assigned to other person/s by CEO.

Construction Regulation 5(2)

Designation of Person Responsible on Site

Competent person appointed in writing as Construction Supervisor

Construction Regulation 5(5)(a)

Designation of Subordinate Person

Competent person appointed in writing as Sub-ordinate Construction Supervisor

Section 17 & 18 *Designation of Occupational Health & Safety Representatives

More than 20 employees - one OH&S Representative, one additional OH&S Rep. for each 50 employees or part thereof. Designation in writing, period and area of responsibility specified. Meaningful OH&S Rep. reports. Reports actioned by Management.

Section 19 & 20 *Occupational Health & Safety Committee/s

OH&S Committee/s established. Members appointed in writing. Meetings held monthly. Minutes kept. Actioned by Management.

Section 37 *Agreement with Mandatory (Sub-Contractors)

Written agreement with Subcontractors. List of Subcontractors displayed. Proof of Registration with Compensation Insurer/Letter of Good Standing Construction Work Supervisor designated Written arrangements concerning OH&S Reps & OH&S Committee Written arrangements regarding First Aid


Fall Prevention & Protection

Competent person appointed to draw up and supervise the Fall Protection Plan Proof of appointees competence available on Site Risk Assessment carried out for work at heights Fall Protection Plan drawn up/updated Available on Site


Roof work Competent person appointed to plan & supervise Roof work. Proof of appointees competence available on Site Risk Assessment carried out Roof work Plan drawn up/updated Roof work inspect before each shift. Inspection register kept Employees medically examined for physical & psychological fitness. Written proof available





Structures Information the structure being erected received from the Designer including: - geo-science technical report where relevant - the design loading of the structure - the methods & sequence of construction - anticipated dangers/hazards/special Measures to construct safely Risk Assessment carried out Method statement drawn up All above available on Site Structures inspected before each shift. Inspections register kept


Formwork & Support work

Competent person appointed in writing to supervise erection, maintenance, use and dismantling of Support & Formwork Design drawings available on site Risk Assessment carried out Support & Formwork inspected: - before use/inspection - before pouring of concrete - weekly whilst in place - before stripping/dismantling. Inspection register kept


Scaffolding Competent persons appointed in writing to: - erect scaffolding (Scaffold Erector/s) - act as Scaffold Team Leaders - inspect Scaffolding weekly and after inclement weather (Scaffold Inspector/s) Written Proof of Competence of above appointees available on Site Copy of SABS 085 available on Site Risk Assessment carried out Inspected weekly/after bad weather. Inspection register/s kept


Suspended Scaffolding Competent persons appointed in writing to: - erect Susp.Scaffolding (Scaffold Erector/s) - act as Susp.Scaffold Team Leaders - inspect Susp.Scaffolding weekly and after inclement weather (Scaffold Inspector/s) Risk Assessment conducted Certificate of Authorization issued by a registered professional engineer available on Site/copy forwarded to the Department of Labour The following inspections of the whole installation carried out by a competent person - after erection and before use - daily prior to use. Inspection register kept The following tests to be conducted by a competent person: - load test of whole installation and working parts every 12 months - hoisting ropes/hooks/load attaching devices quarterly. Tests log book kept Employees working on Susp.Scaffold medically examined for physical & psychological fitness. Written proof available


Excavations Competent person/s appointed in writing to supervise and inspect excavation work Written Proof of Competence of above appointee/s available on Site Risk Assessment carried out Inspected: - before every shift - after any blasting - after an unexpected fall of ground - after any substantial damage to the shoring - after rain. Inspections register kept




Method statement developed where explosives will be/ are used

Constructions Regulation 14

Demolition Work Competent person/s appointed in writing to supervise and control Demolition work Written Proof of Competence of above appointee/s available on Site Risk Assessment carried out Engineering survey and Method Statement available on Site Inspections to prevent premature collapse carried out by competent person before each shift. Inspection register kept


Materials Hoist Competent person appointed in writing to inspect the Material Hoist Written Proof of Competence of above appointee available on Site. Materials Hoist to be inspected weekly by a competent person. Inspections register kept.


Caissons & Coffer dams Competent person appointed in writing to supervise, control & inspect the construction, installation/dismantling of caissons/coffer dams Written Proof of Competence of above appointee available on Site Risk Assessment carried out to be inspected daily by a competent person. Inspections register kept


Explosive Powered Tools

Competent person appointed to control the issue of the Explosive Powered Tools & cartridges and the service, maintenance and cleaning. Register kept of above Empty cartridge cases/nails/fixing bolts returns recorded Cleaned daily after use


Batch Plants Competent person appointed to control the operation of the Batch Plant and the service, maintenance and cleaning. Register kept of above Risk Assessment carried out Batch Plant to be inspected weekly by a competent person. Inspections register kept

Construction Regulation 20/ Mine Health & Safety Act (29 of 1996)

Tunneling Complying with Mines Health & Safety Act (29 of 1996) Risk Assessment carried out

Construction Regulation 21/ Driven Machinery Regulations 18 & 19

Cranes & Lifting Machines Equipment

Competent person appointed in writing to inspect Cranes, Lifting Machines & Equipment Written Proof of Competence of above appointee available on Site. Cranes & Lifting tackle identified/numbered Register kept for Lifting Tackle Log Book kept for each individual Crane Inspection: - All cranes - daily by operator - Tower Crane/s – after erection/6monthly - Other cranes – annually by comp. person - Lifting tackle(slings/ropes/chain slings etc.) - 3 monthly

Risk Assessment carried out

Construction Regulation 22/Electrical Machinery Regulations 9 & 10/Electrical Installation Regulations

*Inspection & Maintenance of Electrical Installation & Equipment (including portable electrical tools)

Competent person appointed in writing to inspect/test the installation and equipment. Written Proof of Competence of above appointee available on Site. Inspections: - Electrical Installation & equipment inspected after installation, after alterations and quarterly. Inspection Registers kept Portable electric tools and -lights and extension leads identified/numbered. Monthly visual inspection by User/Issuer/ Storeman. Register kept.




Construction Regulation 2 Diving Regulations

Water Environments Competent person appointed in writing to supervise diving operations and ensure maintenance, statutory inspection and testing by an Approved Inspection Authority of equipment used Written Proof of Competence of above appointee available on Site Proof of registration of all divers present on site available Risk Assessment carried out Diving Manual produced. Available on Site Record of Voice Communications kept Diving Operations record kept Each Diver keeps a personal logbook. Entries countersigned by the Diving Supervisor Decompression tables available on Site Records of any Decompression illness kept Certificate of Manufacture of any Compression Chamber or Diving Bell in use available on Site

Construction Regulation 30/ General Safety Regulation 8(1)(a)

*Designation of Stacking & Storage Supervisor.

Competent Person/s with specific knowledge and experience designated to supervise all Stacking & Storage Written Proof of Competence of above appointee available on Site

Construction Regulation 31/ Environmental Regulation 9

*Designation of a Person to Co-ordinate Emergency Planning And Fire Protection

Person/s with specific knowledge and experience designated to co-ordinate emergency contingency planning and execution and fire prevention measures Emergency Evacuation Plan developed: - Drilled/Practiced - Plan & Records of Drills/Practices available on Site Fire Risk Assessment carried out

All Fire Extinguishing Equipment identified and on register. Inspected weekly. Inspection Register kept Serviced annually

Construction Regulation 32/ General Safety Regulation 3

*First Aid Every workplace provided with sufficient number of First Aid boxes. (Required where 5 persons or more are employed) First Aid freely available Equipment as per the list in the OH&S Act. One qualified First Aider appointed for every 50 employees. (Required where more than 10 persons are employed) List of First Aiders and Certificates Name of person/s in charge of First Aid box/es displayed. Location of F/Aid box/es clearly indicated. Signs instructing employees to report all Injuries/illness including first aid injuries


Personal Safety Equipment (PSE)

PSE Risk Assessment carried out Items of PSE prescribed/use enforced Records of Issue kept Undertaking by Employee to use/wear PSE


*Inspection & Use of Welding/Flame Cutting Equipment

Competent Person/s with specific knowledge and experience designated to Inspect Electric Arc, Gas Welding and Flame Cutting Equipment Written Proof of Competence of above appointee available on Site Equipment identified/numbered and entered into a register Equipment inspected monthly. Inspection Register kept

Construction Regulation 35/ Hazardous Chemical Substances (HCS)

*Control of Storage & Usage of HCS

Competent Person/s with specific knowledge and experience designated to Control the Storage & Usage of HCS

Written Proof of Competence of above appointee available on Site Risk Assessment carried out Register of HCS kept/used on Site




Construction Regulation 36/Vessels under Pressure Regulations

Vessels under Pressure (VUP)

Competent Person/s with specific knowledge and experience designated to supervise the use, storage, maintenance, statutory inspections & testing of VUP’s

Written Proof of Competence of above appointee available on Site

Risk Assessment carried out

Certificates of Manufacture available on Site

Register of VUP’s on Site

Inspections & Testing by Approved Inspection Authority (AIA):

- after installation/re-election or repairs

- Every 36 months.

- Register/Log kept of inspections, tests. Modifications & repair


Construction Vehicles & Earth Moving Equipment

Operators/Drivers appointed to:

- Carry out a daily inspection prior to use

- Drive the vehicle/plant that he/she is competent to operate/drive

Written Proof of Competence of above appointee available on Site

Record of Daily inspections kept

Construction Regulation 38/

General Safety Regulation 13D

*Inspection of Ladders Competent person appointed in writing to inspect Ladders

Ladders inspected at arrival on site and monthly thereafter. Inspections register kept

Construction Regulation 39/

General Safety regulation 13B

Ramps Competent person appointed in writing to Supervise the erection & inspection of Ramps. Inspection register kept.



GUIDELINES FOR THE DEVELOPMENT OF A HEALTH & SAFETY PLAN

1. Project Background

In terms of the Construction Regulations [Regulation 4 (1) (a)] of the Occupational Health and Safety Act, No 85 of 1993, the Employer is required to compile an Occupational Health and Safety specification for each of its projects and the Principle Contractor, appointed by the Employer in terms of Regulation 4 (1) (c), is required to prepare an Occupational Health and Safety Plan. This plan has to be prepared in terms of Regulation 5 (1) as well as the Employer’s Occupational Health & Safety Specification. In terms of Regulation 4 (2), the Employer and the Principle Contractor are required to agree on the Occupational Health and Safety Plan before any work may commence.

2. Framework for an Occupational Health and Safety Plan

2.1 Introduction

The Principal Contractor has to demonstrate to the Employer that he has a suitable and sufficiently documented Occupational Health and Safety Plan as well as the necessary competencies, experience and resources to perform the construction work safely. The Principle Contractor could be required to submit the following documentation for perusal and verification by the Employer:

Management Structure

Quality Plan

Human Resources Plan

Registered Workplace Skills Plan

“Letter of good standing” from the Compensation Commissioner or licensed compensation insurer.

Proof of induction and other training of employees

Example copy minutes of previous Occupational Health and Safety Committee meetings and copies of Incident Investigation Reports

2.2 Contents of an Occupational Health and Safety Plan

2.2.1 Occupational Health and Safety Management Programme

Management of Occupational Health and Safety risks

Occupational Health and Safety structures and appointments

Programme of Occupational Health and Safety inspections

Occupational Health and Safety Representatives

Occupational Health and Safety committee

2.2.2 Communication and Management of the Work

Management structure and responsibilities

Occupational Health and Safety goals for the project and arrangements for monitoring and review of Occupational Health and Safety performance.

Arrangements for:

- Regular liaison between parties on site

- Consultation with the workforce



- The exchange of design information between the Employer, engineer, supervisors and contractors on site

- Handling design changes during the project

- Selection and control of contractors

- The exchange of Occupational Health and Safety information between all contractors

- Security

- Site induction and onsite training

- Facilities and first-aid

- The reporting and investigation of accidents and incidents

- The production and approval of risk assessments and method statements

- Site OH&S rules

- Fire and emergency procedures

- Reporting to the Employer i.e. results of Occupational Health and Safety inspections, incident

- and incident investigations and committee meetings

- Reporting of incidents to the Department of Labour and Compensation insurer where appropriate

2.2.3 Arrangements for controlling significant site risks

The following are some examples of the arrangements for controlling the most significant site risks:

Safety risks

- Services, including temporary electrical installations

- Preventing employees from falling into excavations, from trucks etc.

- Work with, on or near fragile materials

- Control of lifting operations

- The maintenance of plant and equipment

- Poor ground conditions

- Traffic routes and segregation of vehicles and pedestrians

- Storage of hazardous materials

- Dealing with existing unstable structures/land

- Accommodating adjacent land use

- Other significant safety risks as and when identified

Health risks

- Storage and use of hazardous chemical substances

- Dealing with contaminated land or material



- Manual handling

- Reducing noise and vibration

- Provision of adequate lighting

- Ventilation considerations

- Extreme heat and cold temperature considerations

- Dealing with HIV/Aids and other illnesses

- Provision of and maintaining ablution and eating facilities

- Other significant health risks as and when identified

2.2.4 Preparation of an Occupational Health and Safety Operational Reference File/Manual

The following are some of the requirements to be addressed:

Layout, format and content requirements

Arrangement for the collection and gathering of information

Storage and archiving of all the information

Copy to the Employer at completion of project

Suggested Contents of an OH&S File/Manual

- OH&S Policy

- Notice of new project

- Site start-up

- Security measures

- Written designations & appointments

- Arrangements with contractors/mandataries

- OH&S rules and procedures

- Induction

- OH&S training

- OH&S promotion

- OH&S representatives

OH&S committees

Workplace facilities e.g. ablutions, sheltered eating areas etc.

Protective equipment

Workplace inspections and audits

Investigation & reporting of incidents/accidents

Mechanical safeguarding



Electrical safeguarding

Safeguarding against hazardous substances

Lifting machinery & equipment

Construction vehicles & mobile plant

Welding, heating & flame cutting

- Excavations

- Protection of the environment affected by construction activities

- Keeping of records in terms of the OH&S Act (85 of 1993)

3.2 PARTICULAR SPECIFICATION: PES

3.3 PARTICULAR SPECIFICATION PES: ENVIRONMENTAL SPECIFICATION

PS EMP ENVIRONMENTAL MANAGEMENT PLAN

The Environmental Management Plan and specifications are included under this section and must be

adhered to in all respects.






C3.7 PARTICULAR SPECIFICATION

PA: EPWP Labour intensive specification



PARTICULAR SPECIFICATIONS

PA: EPWP LABOUR INTENSIVE SPECIFICATION

PA1. LABOUR INTENSIVE COMPETENCIES OF SUPERVISORY AND MANAGEMENT STAFF

Contractors having a CIDB contractor grading designation of 4CE and higher shall only engage supervisory and management staff in labour intensive works who have either completed, or for the period 1 April 2004 to 30 June 2006, are registered for training towards, the skills programme outlined in Table 1.

The managing principal of the contractor, namely, a sole proprietor, the senior partner, the managing director or managing member of a close corporation, as relevant, having a contractor grading designation of 1CE, 2CE, 3CE and 4CE shall have personally completed, or for the period 1 April 2004 to 30 June 2006 be registered on a skills programme for the NQF level 2. All other site supervisory staff in the employ of such contractors must have completed, or for the period 1 April 2004 to 30 June 2006 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

any one of these 3 unit

standards 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

any one of these 3 unit

standards 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 Construction Processes

Skills Programme against this single unit standard

PA2. EMPLOYMENT OF UNSKILLED AND SEMI-SKILLED WORKERS IN LABOUR-INTENSIVE WORKS

PA2.1 Requirements for the sourcing and engagement of labour

PA2.1.1 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.



PA2.1.2 The rate of pay set for the SPWP is R 55 per task or per day.

PA2.1.3 Tasks established by the contractor must be such that:

a) the average worker completes 5 tasks per week in 40 hours or less; and

b) the weakest worker completes 5 tasks per week in 55 hours or less.

PA2.1.4 The contractor must 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 (3).

PA2.1.5 The Contractor shall, through all available community structures, inform the local community of the labour intensive works and the employment opportunities presented thereby. Preference must be given to people with previous practical experience in construction and / or who come from households:

a) where the head of the household has less than a primary school education;

b) that have less than one full time person earning an income;

c) where subsistence agriculture is the source of income.

d) those who are not in receipt of any social security pension income

PA2.1.6 The Contractor shall endeavour to ensure that the expenditure on the employment of temporary workers is in the following proportions:

a) 60 % women;

b) 20% youth who are between the ages of 18 and 25; and

c) 2% on persons with disabilities.

PA2.2 Specific provisions pertaining to SANS 1914-5

PA2.2.1 Definitions

Targeted labour: Unemployed persons who are employed as local labour on the project.

PA2.2.2 Contract participation goals

a) 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.

b) 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.

PA2.2.3 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.

PA2.2.4 Variations to SANS 1914-5

a) The definition for net amount shall be amended as follows:

b) 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.



c) 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.

PA2.2.5 Training of targeted labour

a) 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.

b) The cost of the formal training of targeted labour will be funded by the provincial office of the Department of Labour. This training should take place as close to the project site as practically possible. The contractor, must access this training by informing the relevant provincial 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 must be furnished with a copy of this request.

c) A copy of this training request made by the contractor to the DOL provincial office must also be faxed to the EPWP Training Director in the Department of Public Works – Cinderella Makunike, Fax Number 012 328 6820 or email [email protected] Tel: 083 677 4026.

d) The contractor shall be responsible for scheduling the training of workers and shall take all reasonable steps to ensure that each beneficiary is provided with a minimum of six (6) days of formal training if he/she is employed for 3 months or less and a minimum of ten (10) days if he she is employed for 4 months or more.

e) The contractor shall do nothing to dissuade targeted labour from participating in training programmes.

f) An allowance equal to 100% of the task rate or daily rate shall be paid by the contractor to workers who attend formal training, in terms of (d) above.

g) Proof of compliance with the requirements of (b) to (g) must be provided by the Contractor to the Employer prior to submission of the final payment certificate.

mailto:[email protected]






PART C4 : SITE INFORMATION

C4.1 Geotechnical Investigations

A Geotechnical Report will be available on request in an electronic an electronic format.

C4.2 Site Plan and site access

Site coordinates: Latitude 29°32'10.00"S Longitude 30°51'08.70"E






PART C5 : BID DRAWINGS