INDEPENDENT DEVELOPMENT TRUST - IDT

INDEPENDENT DEVELOPMENT TRUST

Contract No.: RFQ-IDT/DSAC/MAINT02-2017/18

A Tender for Category 3GB/3GBPE CIDB Registered Contractors

MAINTENANCE OF COMMUNITY LIBRARIES AT

GRAVELOTTE, SELWANE AND SHILUVANE COMMUNITY LIBRARY

Name of Tenderer : _______________________________________________________

Name of duly authorized person: ____________________________________________________

Address : _______________________________________________________

_______________________________________________________

Tel. Number : _______________________________________________________

Cell number : _______________________________________________________

Fax number : _______________________________________________________

E-mail : _______________________________________________________

Receipt number : _______________________________________________________

ISSUED BY: PREPARED BY:

Independent Development Trust Lenakamo Projects (Pty) Ltd

P.O Box 55386 58-60 Landros Mare Street Polokwane 3rd Floor, Nedbank / Thabakgolo Building 0700 Polokwane, 0700 Tel: (015) 295 0000 Tel: (015) 101 0621

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TENDER NO: RFQ-IDT/DSAC/MAINT02-2017/18

CLOSING DATE: 09 FEBRUARY 2018 @11h00

Independent Development Trust

Technical Physical Address, 22 Hans van Rensburg Street Bonitas Building No1 Polokwane 0700 Contact: Name: Mr Emmanuel Nemakonde Telephone: 015-295 0000

SCM Physical Address, 22 Hans van Rensburg Street Bonitas Building No1 Polokwane 0700 Contact: Name: Mamikie Mashele Telephone: 015 295 0072

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TENDER NO: RFQ-IDT/DSAC/MAINT02-2017/18

INDEPENDENT DEVELOPMENT TRUST P O Box 55386, Polokwane, 0700 22 Hans van Rensburg Street Bonitas Building No1 Polokwane 0700 Contact: Name: Mr Emmanuel Nemakonde Telephone: 015-295 0000

LENAKAMO PROJECTS (PTY) LTD 58-60 Landros Mare Street 3rd Floor Nedbank / Thabakgolo Building Polokwane 0700 Contact: Name: Mr Jeffrey Maepa Telephone: 015-101 0621

Tenderer: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CIDB Registration Number: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CSD Registration Number: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Total of the prices inclusive of value added tax: R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

Amount in words: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Preferences claimed for : (tick relevant boxes) – B-BBEE Status level contributor o Level 1 Contributor = 20

o Level 2 Contributor = 18







o Non-Compliant Contributor = 0

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MAINTENANCE OF COMMUNITY LIBRARIES


Contents Number Heading

The Tender

Part T1: Tendering procedures

T1.1 Tender Notice and Invitation to Tender

T1.2 Tender Data

Part T2: Returnable documents

T2.1 List of Returnable Documents

T2.2 Returnable Schedules

The Contract

Part C1: Agreement and Contract Data

C1.1 Form of Offer and Acceptance

C1.2 Contract Data

C1.3 Construction Guarantee

C1.4 Adjudicators appointment

Part C2: Pricing data

C2.1 Pricing Instructions

C2.2 Activity Schedule or Bills of Quantities

Part C3: Scope of Work

C3 Scope of Work

Part C4: Site information

C4 Site Information

Addenda

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Tender T1.1 Part T1: Tendering procedures Tender Notice and Invitation to Tender BID No. RFQ-IDT/DSAC/MAINT02-2017/18




T1.1 Tender Notice and Invitation to Tender

THE INDEPENDENT DEVELOPMENT TRUST, LIMPOPO, INVITES TENDERS FOR MAINTENANCE OF COMMUNITY LIBRARIES

It is estimated that tenderers should have a cidb contractor grading of 3GB/3GBPE. Tender documents can be downloaded on IDT website at http://www.idt.org.za/business-opportunities/current-tenders/

The physical address for collection of tender documents is: INDEPENDENT DEVELOPMENT TRUST OFFICES 22 Hans Van Rensburg Bonitas Building No1 POLOKWANE 0700 Documents may be collected during working hours from 9h00 to 15h00 on the 2018/01/23. A non-fundable tender deposit of R 600.00 payable by proof of deposit is required on collection of Tender documents. Account details are as follows: Bank : ABSA Account Name : IDT Tender Deposits Account Number : 408 494 0092 Branch Code : 632005 Reference : RFQ-IDT/DSAC/MAINT02-2017/18 and Company Name

Cheques, Cash or EFTs are not allowed. Tenderers are required to make copies of their deposit slips. The IDT will retain the original deposit slips. Queries relating to the issues of these documents may be addressed to: Emmanuel Nemakonde Tel No 015 295 0000 Fax No 015 295 6559 E- mail [email protected]

Tender documents to be submitted at the tender box of the IDT office: INDEPENDENT DEVELOPMENT TRUST OFFICES 22 Hans Van Rensburg Bonitas Building No1 POLOKWANE 0700

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mailto:[email protected]

Tender T1.1 Part T1: Tendering procedures Tender Notice and Invitation to Tender BID No. RFQ-IDT/DSAC/MAINT02-2017/18

A compulsory clarification meeting with representatives of the Employer will take place on site as follows

GRAVELOTTE COMMUNITY LIBRARY (Selwane and Shiluvane Library included) on 2018/01/31 starting at 9h30.Tenderers must sign the attendance list in the name of the tendering entity.

The closing time for receipt of tenders is 11h00 on 09 February 2018.Tenderer must ensure that they sign a tender submission register

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

PLEASE NOTE THE FOLLOWING IMPORTANT DATES

Compulsory Clarification Meeting (Site Inspection) Date: 31 January 2018

Tender Closing Date: 09 February 2018

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Tender T1.2 Part T1: Tendering procedures Tender Data BID No. RFQ-IDT/DSAC/MAINT02-2017/18



T1.2 Tender Data

The conditions of tender are the Standard Conditions of Tender as contained in Annex F of the CIDB Standard for Uniformity in Construction Procurement. (See www.cidb.org.za) which are reproduced without amendment or alteration for the convenience of tenderers as an Annex to this Tender Data. The Standard Conditions of Tender make several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the standard conditions of tender. Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to which it mainly applies. The additional conditions of tender are:

Clause number

Tender Data for BID NO. RFQ-IDT/DSAC/MAINT02-2017/18

F.1.1 The employer is the Independent Development Trust, Limpopo Region

F.1.2 The tender documents issued by the employer comprises: T1.1 Tender notice and invitation to tender T1.2 Tender data T2.1 List of returnable documents T2.2 Returnable schedules Part 1: Agreements and contract data

C1.1 Form of offer and acceptance C1.2 Contract data C1.3 Form of Guarantee C1.4 Adjudicator’s appointment Part 2: Pricing data

C2.1 Pricing instructions C2.2 Activity schedules / Bills of Quantities Part 3: Scope of work

C3 Scope of work Part 4: Site information

C4 Site information

F.1.4 The employer’s agent is: Name: INDEPENDENT DEVELOPMENT TRUST

Address: Tel: 015 295 0000

Fax: E-mail: [email protected]

F.2.1 Only those tenderers who are registered with the CIDB, or are capable of being so prior to the evaluation of submissions, in a contractor grading designation equal to a contractor grading designation determined in

accordance with the sum tendered for a Grade 3GB/3GBPE ONLY class of construction work, are eligible

to submit tenders. Joint ventures are eligible to submit tenders provided that:

F.2.7 A compulsory briefing with representatives of the Employer will take place on site on the date as per advert. Tenderers must sign the attendance list in the name of the tendering entity.

F.2.12 No alternative tender offers will be considered

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http://www.cidb.org.za/


F.2.13.3 Parts of each tender offer communicated on paper shall be submitted as one original (i.e. no copies should be submitted).

F.2.13.5 F2.15.1

The employer’s address for delivery of tender offers and identification details to be shown on each tender offer package are: Location of tender box: Physical address:-

INDEPENDENT DEVELOPMENT TRUST OFFICES 22 Hans Van Rensburg Bonitas Building No1 POLOKWANE Contact: Emmanuel Nemakonde – 015 295 0000 Identification details:Title: MAINTENANCE OF COMMUNITY LIBRARIES

Postal address: P O Box 55386, Polokwane, 0700

F.2.15 The closing time for submission of tender offers is as stated in the Tender Notice and Invitation to Tender. Closing date: 09 February 2018 Closing time: 11H00

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

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

F.2.18 The tenderer is to submit the priced bill of quantities with their tender offer at closure.

F.2.23 The tenderer is required to submit with his tender a Certificate of Contractor Registration issued by the Construction Industry Development Board; Compensation of Injury Diseases Act certificate (COIDA) and an copy of valid Tax Clearance Certificate and a verification PIN as issued by the South African Revenue

Services.

F.3.4 Tenders will be opened immediately after the closing time.

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F.3.11

The procedure for the evaluation of responsive tenders is Method 2 The financial offer will be scored using Formula 2 (option 1) where the value of W1 is 80 points. The functionality will be scored using the following values: (This section should be read together with

the table on the next page titled scorecard legend)

A maximum equal to 100 tender evaluation points will be awarded for quality, sub-divided according to the following:

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F.3.11 cont Evaluation criteria summary in terms of above clauses:

Criteria No

Gate Keeper (Compulsory) Criteria Gate Keeper Criteria Description

1 Bidders must ensure compliance with their tax obligations

Bidders are required to submit their unique personal identification number (PIN) issued by SARS to enable the organ of state to view the taxpayer’s profile and tax status.

Application for tax compliance status (TCS) or pin may also be made via e-filing. In order to use this provision, taxpayers will need to register with SARS as e-filers through the website www.sars.gov.za.

Bidders may also submit a printed TCS together with the bid.

In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate proof of TCS / PIN / CSD number.

Where no TCS is available but the bidder is registered on the central supplier database (CSD), a CSD number must be provided

3 Letter of Good Standing (COIDA) Valid Letter of Good Standing (Workman's Compensation, COIDA),

4 CIDB Grading Certificate Required CIDB Grading equivalent for the works (5GB ONLY)

5 Detailed Bill of Quantities (BOQ), Written In Ink Fully priced and detailed Bill of Quantities, written in Ink

6 CIPC (Company registration) documents CIPC documents

7 Certified Owners'/Directors' Identity Documents Certified ID (Identity Documents) of Owners and/or Directors and should not be older than 3 months

9 Attendance Register to the Briefing Meeting Attendance Register / Signed Certificate in the Tender Document

10 Duly Completed Form of Offer and Acceptance Signed form of offer and acceptance

11 Fully Completed Compulsory Questionnaire Supplier Questionnaire from

14 Declaration of Interest Submission of Signed Declaration of Interest Form (SBD 4)

15 Preference Points claim Form Submission of Signed SBD 6.1 Form

16 Declaration of Bidders Past SCM Practices Submission of Signed SBD 8 Form

17 Certificate of Independent Bid Determination Submission of Signed SBD 9 Form

Criteria No

Non Statutory (Non Compulsory) Requirements

Non Statutory (Non Compulsory) Requirements Description

1 Checklist for Tender Submission Checklist for Tender Submission

2 Details of Tender Details of Tender

3 Letter of Resolution Letter of Resolution

4 Certificate of Compliance with Tender Documentation

Certificate of Compliance with Tender Documentation

5 Banking Details Banking Details

6 Financial Report on Bank Official Letterhead Financial Report on Bank Official Letterhead

7 Letter of Intent to Provide Security Letter of Intent to Provide Security

8 Contractor's Health and Safety Declaration Contractor's Health and Safety Declaration

9 Litigation History Litigation History

10 Past Projects over undertaken by the Tenderer in the last 5 years

Past Projects over undertaken by the Tenderer in the last 5 years

11 Current Projects and Commitments Current Projects and Commitments

12 Projects awaiting potential awards Projects awaiting potential awards

13 Consolidated BBBEE certificate Consolidated BBBEE certificate

14 Tenderer's Competence & Performance on Similar (Large Scale Project)

Tenderer's Competence & Performance on Similar (Large Scale Project)

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


15 Tenderer's Competence & Performance on similar (Healthcare) Project

Tenderer's Competence & Performance on similar (Healthcare) Project

16 Record of Addenda to Tender Documents Record of Addenda to Tender Documents

17 Proposed amendments and Qualifications Proposed amendments and Qualifications

18 Method Statement Method Statement

19 Detailed Construction Programme Detailed Construction Programme

20 Detailed Cash-Flow Detailed Cash-Flow

21 Key Personnel Key Personnel

22 Curriculum Vitae of Key Personnel &Qualifications

Curriculum Vitae of Key Personnel and Certified Qualifications that are not older than 3 months

23 Proposed Project Organogram Proposed Project Organogram

24 Detailed Resourcing schedule Detailed Resourcing schedule

25 Schedule of Proposed Domestic Sub-Contractors

Schedule of Proposed Domestic Sub-Contractors

26 Schedule of Plant and Equipment Schedule of Plant and Equipment

27 Schedule of Materials and Equipment subject to Forex adjustment

Schedule of Materials and Equipment subject to Forex adjustment

28 Trade References Trade References

29 Labour Intensive Programme Labour Intensive Programme

30 Waiver of Contractor's Lien Waiver of Contractor's Lien

31 Form of Indemnity for Design Work Form of Indemnity for Design Work

32 Contractor's Safety Record Contractor's Safety Record

33 Project Specific SHEQ Plan Project Specific SHEQ Plan

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VARIABLES TOTAL POINT

S

CRITERIA DESCRIPTION OF CRITERIA POINTS

1. FUNCTIONALIT

Y POINTS

100

Experience on Similar Projects

35 Very Good (Score 100)

Points allocated for proven track record based on previous specific completed projects executed by tenderer in

consideration. The scoring on this item will be carried out as follows: STAGE 1.

(25) Points will be allocated based on the Nature of Work and the submission of (i) Signed Appointment Letter; (ii) Signed Completion Certificate; (iii) Signed and Stamped Reference (in the form issued to the tenderer) by a client

representative and responsible Principal Agent; all (i.e items (i); (ii) and (iii)) for the Project in consideration. Failure to

provide any 1 of the 3 required documents will result in no points being awarded to the contracto for both Stage 1 and

Stage 2. STAGE 2.

(10) Points will be allocated based on the Project Range and the submission of (i) Signed Appointment Letter; (ii) Signed Completion Certificate; (iii) Signed and Stamped Reference

(in the form issued to the tenderer) by a client representative and responsible Principal Agent; all (i.e items

(i); (ii) and (iii)) for the Project in consideration

35

Good (Score 90) 31.5

Satisfactory (Score 70)

24.5

Poor (Score 40) 14

Not Acceptable (Score 0)

0


References


Points allocated for proven track record based on previous completed similar projects executed by tenderer in

consideration. The scoring on this item will be carried out as follows: STAGE 1.

(1) Points will be allocated based on the Nature of Work and the submission of (i) Signed Appointment Letter; (ii) Signed Completion Certificate; (iii) Signed and Stamped Reference

(in the form issued to the tenderer) by a client representative and responsible Principal Agent; all (i.e items

(i); (ii) and (iii)) for the Project in consideration. The Tenderers' performance on the projects MUST be rated by the Client Representative on a scale of 5 -1 (5=Very Good

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12



(100), 4=Good (90), 3=Satisfactory (70), 2=Poor (40), 1= Not Acceptable (0) )

10.5

Poor (Score 40) 6


0

Skills and Experience of Key Projects Resources


Points allocated for required compentencies & qualification of allocated personnel for the project in consideration.

Required Key Project Resources; 1. Site Manager:

(i) 5 or more years experience on projects of similar scale () (ii) Professional Registration ()

2. Site Foreman / Agent: (i) 5 or more years experience on projects of similar scale ()

(ii) Tertiary Qualification (B.Degree) () (iii) Professional Registration ()

3. Site SHEQ Officer: (i) 5 or more years experience on projects of similar scale ()

(ii) Tertiary Qualification ()

10

Good (Score 90) 9


7

Poor (Score 40) 4

Very Poor (Score (10)

1

Not Submitted (0) 0

Safety Health Environment & Quality (SHEQ)

Plan


Points allocated for submission of project specific SHEQ Plan.

The overall SHEQ Plan deliverables will be evaluated on the scale of 5 -1 (5=Very Good (100), 4=Good (90),

3=Satisfactory (70), 2=Poor (40), 1= Not Acceptable (0) )

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10.5

Poor (Score 40) 6


0

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Programme Schedule


The programme should be a detailed double-linked critical path programme preferably in Microsoft Project format in both hard copy and electronic format and take into consideration the following; (i) Dividing the programme into convenient working zones both horizontally and vertically; (ii) Linking all activities as ‘open ended’ or ‘open start’ activities are not acceptable; (iii) Detailing all holidays, Christmas/New Year break, etc.; (iv) The programme must be a fully resourced “double linked” critical path programme clearly showing Start, Finish and any Interim completion dates as well as any Milestone dates for critical activities. Also must show both the Date of Practical Completion and the Date of Works Completion. The overall programme will be evaluated on the scale of 5 -1 (5=Very Good (100), 4=Good (90), 3=Satisfactory (70), 2=Poor (40), 1= Not Acceptable (0) )

15



10.5

Poor (Score 40) 6


0

Locality 10 Proof of address in the company name e.g. Water

and lights)

Registered in Limpopo

Province on CIDB website

Priority will be given to entities in the Limpopo Province 10

Not Submitted 0

Minimum points to be scored for Functionality is 60% of the total Points

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80/20 CRITERIA

2. 80/20 CRITERIA

100

EMPOWERMENT POINTS

B-BBEE Points 20 B-BBEE Contributor Level

1

Points allocated to entities who are contributing towards the empowerment of black people (an avidavit or a SANAS

accredited B-BBEE Certificate MUST be submitted with the bid documents before any points can be allocated).

Tenderers tendering as joint ventures/ consortiums are required to submit a consolidated B-BBEE from a SANAS

accredited verification agency in order to qualify for points for their B-BBEE status level as one entity.

20

B-BBEE Contributor Level

2

18


3

14


4

12


5

8


6

6


7

4


8

2

Non-Contributor 0

FINANCIAL OFFER/PRICE

Price / Financial Offer

Points

80 Formula 2 Option 1,A=(1- {p-pm/pm})

Formula used to calculate Financial Offer/Price points

pm =The comparative

Price offer of the lowest qualifying

tenderer

p =The comparative offer

of the tender under

consideration

Notes:

1.Tenderers are required to score minimum points of 60% for Quality stated in tender data

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Minimum points to be scored for Functionality is 60% of the total Points


Value of work evaluation

Value of work Points Rating

R1 000 000 and above 30 Very Good

R500k – R999k 25 Good

R200k – R499k 10 Satisfactory

R100k – R199k 5 Poor

0 Not Submitted

Nature of work evaluation

Nature of Work Points Rating

Repairs and Maintenance of buildings (Schools, Clinics, Libraries, etc)

20 Very Good

Construction of new buildings (Schools, Clinics, Libraries, etc) 15 Good

Construction of RDP Houses 10 Satisfactory

Civil works 5 Poor

Not Submitted

Similar Work Reference

Reference Points Rating

Signed letter by client/PA 25 Very Good

Final Completion Certificate 15 Good

Practical Completion Certificate 10 Satisfactory

Appointment Letter 5 Poor

0 Not Submitted

2. Tenderers who fail to meet the required minimum number of points for functionality

stated in the tender data will be rejected

3. Tenderers who fail to disclose information as per the returnable schedules will be

disqualified

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Notes:

1. Tenderers are required to score minimum points of 60 for Quality stated in tender data. 2. Tenderers who fail to meet the required minimum number of points for functionality

stated in the tender data will be rejected. 3. Tenderers who fail to disclose information as per the returnable schedules will be

disqualified. 4. Tenderers who fail to disclose information as per the returnable schedules will be

disqualified. 5. All Bidders are required to be registered on CSD (Central Supplier Database) with

National Treasury. 6. Please Provide CSD number with your Bid. 7. Registration with CSD is a requirement before any award for a Bid.

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T2.1.20 EVALUATION SCHEDULE: CLIENT REFERENCES The Tenderer shall provide details of his performance on each of the previous projects listed in the “Relevant Experience” returnable schedule. “Client Reference Scorecards” will be completed by each of the respective Clients for the projects listed in the “Relevant Experience” returnable schedule.

REPORT ON CONTRACTOR’S COMPETANCE & PERFORMANCE ON A SIMILAR PROJECT FOR TENDER

RECOMMENDATION PURPOSES

The following are to be completed by the Client and Principal Agent and is to be supported in each case by a letter

of award and the works completion certificate.

PROJECT NAME and SCOPE OF WORK:

Principal agent: ..................................................................................................................................

Client: .. ..............................................................................................................................................

Contract Amount: ..............................................................................................................................

Contract Duration: .............................................................................................................................

Actual Contract Duration:…………………………………………………………………………

Description / Performance Very poor

(1) Poor (2) Fair (3) Good (4)

Excellent

(5)

Quality of office administration

Quality of site management

Competence of foreman

Co-operation during contract

Quality of workmanship

Quality of materials

Project management

Rectification of condemned work

Tidiness of site

Adequacy of equipment

Adequacy of labour force

Procurement of materials

Labour relations

Any other remarks considered necessary to assist in evaluation of the contractor?

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

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

Principal Agent Firm: ........................................................................................................................

Telephone:..........................................................................................................................................

PA Signature: ...................................................... Date: ....................................................

Client Signature: ................................................. Date: ....................................................

Stamp

Stamp

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T2.1.20 EVALUATION SCHEDULE: REPORT ON CONTRACTOR’S COMPETANCE & PERFORMANCE ON A

SIMILAR PROJECT FOR TENDER RECOMMENDATION PURPOSES

The following are to be completed by the Client and Principal Agent and is to be supported in each case by a letter of

award and the works completion certificate.


Principal agent: ..................................................................................................................................

Client: .. ..............................................................................................................................................

Contract Amount: ..............................................................................................................................


Actual Contract Duration:………………………………………………………………………….



Excellent

(5)







Programme management


Tidiness of site




Labour relations


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

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


Telephone:..........................................................................................................................................



Stamp

Stamp

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T2.1.20 EVALUATION SCHEDULE: REPORT ON CONTRACTOR’S COMPETANCE & PERFORMANCE ON A





Principal agent: ..................................................................................................................................

Client: .. ..............................................................................................................................................

Contract Amount: ..............................................................................................................................





Excellent

(5)









Tidiness of site




Labour relations


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

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


Telephone:..........................................................................................................................................



Stamp

Stamp

20


T2.1.20 EVALUATION SCHEDULE: REPORT ON CONTRACTOR’S COMPETANCE & PERFORMANCE

ON A SIMILAR PROJECT FOR TENDER RECOMMENDATION PURPOSES




Principal agent: ..................................................................................................................................

Client: .. ..............................................................................................................................................

Contract Amount: ..............................................................................................................................





Excellent

(5)









Tidiness of site




Labour relations


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

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


Telephone:..........................................................................................................................................



Stamp

Stamp

21


T2.1.20 EVALUATION SCHEDULE: REPORT ON CONTRACTOR’S COMPETENCE & PERFORMANCE ON A





Principal agent: ..................................................................................................................................

Client: .. ..............................................................................................................................................

Contract Amount: ..............................................................................................................................





Excellent

(5)









Tidiness of site




Labour relations


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

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


Telephone:..........................................................................................................................................



Stamp

Stamp

22


T2.1.20 EVALUATION SCHEDULE: REPORT ON CONTRACTOR’S COMPETENCE & PERFORMANCE ON A





Principal agent: ..................................................................................................................................

Client: .. ..............................................................................................................................................

Contract Amount: ..............................................................................................................................




(1) Poor (2) Fair (3) Good (4) Excellent (5)









Tidiness of site




Labour relations


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

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


Telephone:..........................................................................................................................................



Stamp

Stamp

23


Relevant Experience (Returnable schedule) The Tenderer shall provide details of his performance on each of the previous relevant projects. Failure to complete the table below will result in no points allocated.

LIST THE SIX LARGEST PROJECTS COMPLETED BY YOUR FIRM IN THE LAST FOUR YEARS

Name of Project Completed and Scope of work

Name of Project Manager & Telephone no.

Name of Client & Telephone no. Value of Project

24


F.3.13.1 F.3.14

Tender offers will only be accepted if:

a) The tenderer has tax compliance status and has letter with unique pin. b) The tenderer has a Letter of Good Standing (COIDA) c) The tenderer has a Valid CIDB Grading Certificate (5GB ONLY) d) The tenderer has a Fully Completed a Detailed Bill of Quantities (BOQ), Written in black ink e) The tenderer has a Valid CIPC (Company registration) Documents f) The tenderer has a Certified Owner's/Directors Identity Documents not older than 3 months g) The tenderer has an Attendance Register to the Compulsory Briefing Meeting. Attendance

Register should be signed by the bidding entity/ company. h) The tenderer has a Duly Completed Form of Offer and Acceptance i) The tenderer has a Fully Completed and signed Declaration of Interest j) The tenderer has a Fully Completed and signed Preferential Points Form k) The tenderer has a Fully Completed and signed Declaration of Bidders Past SCM Practices l) The tenderer has a Fully Completed and signed Certificate of Independent Bid m) The tenderer is not listed on the treasury list of defaulters. n) The tenderer has not:

i) abused the Employer’s Supply Chain Management System; or ii) Failed to perform on any previous contract and has been given a written notice to this effect; and terminated.

Note: All Bidders are required to register on CSD (Central Supplier Database) with National Treasury.

Provide CSD Number with the Bid Document. Should tenderers not hear from the IDT within three (3) weeks of closure, they should consider their submission unsuccessful. No written notification will be issued by the Employer to unsuccessful tenderers.

F.3.18

The number of paper copies of the signed contract to be provided by the Employer is one.

25


Annex: Standard Conditions of Tender

(As contained in ADDENDUM F of the CIDB Standard for Uniformity in Construction Procurement)

F.1 General F.1.1 Actions

The employer and each tenderer submitting a tender offer shall comply with these conditions of tender. In their dealings with each other, they shall discharge their duties and obligations as set out in F.2 and F.3, timeously and with integrity, and behave equitably, honestly and transparently. F.1.2 Tender Documents

The documents issued by the employer for the purpose of a tender offer are listed in the tender data. F.1.3 Interpretation

F.1.3.1 The tender data and additional requirements contained in the tender schedules that are included in the

returnable documents are deemed to be part of these conditions of tender. F.1.3.2 These conditions of tender, the tender data and tender schedules which are only required for tender evaluation

purposes, shall not form part of any contract arising from the invitation to tender.

F.1.3.3 For the purposes of these conditions for the calling for expressions of interest, the following definitions apply: a) Comparative offer means the tenderer’s financial offer after the factors of non-firm prices, all unconditional

discounts and any other tendered parameters that will affect the value of the financial offer have been taken into consideration

b) Corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of the employer or his staff or agents in the tender process; and

c) Fraudulent practice means the misrepresentation of the facts in order to influence the tender process or the

award of a contract arising from a tender offer to the detriment of the employer, including collusive practices intended to establish prices at artificial levels

d) Quality (functionality) means the totality of features and characteristics of a product or service that bear on

its ability to satisfy stated or implied needs F.1.4 Communication and employer’s agent

Each communication between the employer and a tenderer shall be to or from the employer's agent only, and in a form that can be read, copied and recorded. Writing shall be in the English language. The employer shall not take any responsibility for non-receipt of communications from or by a tenderer. The name and contact details of the employer’s agent are stated in the tender data. F.1.5 The employer’s right to accept or reject any tender offer

F.1.5.1 The employer may accept or reject any variation, deviation, tender offer, or alternative tender offer, and may

cancel the tender process and reject all tender offers at any time before the formation of a contract. The employer shall not accept or incur any liability to a tenderer for such cancellation and rejection, but will give written reasons for such action upon written request to do so. F.1.5.2 The employer may not subsequent to the cancellation or abandonment of a tender process or the rejection of

all responsive tender offers re-issue a tender covering substantially the same scope of work within a period of six months unless only one tender was received and such tender was returned unopened to the tenderer.

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F.2 Tenderer’s obligations F.2.1 Eligibility

Submit a tender offer only if the tenderer complies with the criteria stated in the tender data and the tenderer, or any of his principals, is not under any restriction to do business with employer. F.2.2 Cost of tendering

Accept that the employer will not compensate the tenderer for any costs incurred in the preparation and submission of a tender offer, including the costs of any testing necessary to demonstrate that aspects of the offer satisfy requirements. F.2.3 Check documents

Check the tender documents on receipt for completeness and notify the employer of any discrepancy or omission. F.2.4 Confidentiality and copyright of documents

Treat as confidential all matters arising in connection with the tender. Use and copy the documents issued by the employer only for the purpose of preparing and submitting a tender offer in response to the invitation. F.2.5 Reference documents

Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards, specifications, conditions of contract and other publications, which are not attached but which are incorporated into the tender documents by reference. F.2.6 Acknowledge addenda

Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if necessary apply for an extension to the closing time stated in the tender data, in order to take the addenda into account. F.2.7 Clarification meeting

Attend, where required, a clarification meeting at which tenderers may familiarize themselves with aspects of the proposed work, services or supply and raise questions. Details of the meeting(s) are stated in the tender data. F.2.8 Seek clarification

Request clarification of the tender documents, if necessary, by notifying the employer at least five working days before the closing time stated in the tender data. F.2.9 Insurance

Be aware that the extent of insurance to be provided by the employer (if any) may not be for the full cover required in terms of the conditions of contract identified in the contract data. The tenderer is advised to seek qualified advice regarding insurance. F.2.10 Pricing the tender offer

F.2.10.1 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes (except Value Added

Tax (VAT), and other levies payable by the successful tenderer, such duties, taxes and levies being those applicable 14 days before the closing time stated in the tender data. F2.10.2 Show VAT payable by the employer separately as an addition to the tendered total of the prices.

F.2.10.3 Provide rates and prices that are fixed for the duration of the contract and not subject to adjustment except as

provided for in the conditions of contract identified in the contract data. F.2.10.4 State the rates and prices in Rand unless instructed otherwise in the tender data. The conditions of contract

identified in the contract data may provide for part payment in other currencies.

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F.2.11 Alterations to documents

Not make any alterations or additions to the tender documents, except to comply with instructions issued by the employer, or necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial all such alterations. Erasures and the use of masking fluid are prohibited. F.2.12 Alternative tender offers

F.2.12.1 Submit alternative tender offers only if a main tender offer, strictly in accordance with all the requirements of

the tender documents, is also submitted. The alternative tender offer is to be submitted with the main tender offer together with a schedule that compares the requirements of the tender documents with the alternative requirements the tenderer proposes. F.2.12.2 Accept that an alternative tender offer may be based only on the criteria stated in the tender data or criteria

otherwise acceptable to the employer. F.2.13 Submitting a tender offer

F.2.13.1 Submit a tender offer to provide the whole of the works, services or supplies identified in the contract data and

described in the scope of works, unless stated otherwise in the tender data. F.2.13.2 Return all returnable documents to the employer after completing them in their entirety, either electronically (if

they were issued in electronic format) or by writing in black ink. F.2.13.3 Submit the parts of the tender offer communicated on paper as an original stated in the tender data, with an

English translation of any documentation in a language other than English, and the parts communicated electronically in the same format as they were issued by the employer. F.2.13.4 Sign the original of the tender offer where required in terms of the tender data. The employer will hold all

authorized signatories liable on behalf of the tenderer. Signatories for tenderers proposing to contract as joint ventures shall state the signatories which the Employer shall hold as a lead partner liable for the tender offer. F.2.13.5 Seal the original of the tender offer, marking the package "ORIGINAL". The outside of the envelope should

state the employer's address and identification details stated in the tender data, as well as the tenderer's name and contact address. F.2.13.6 Where a two-envelope system is required in terms of the tender data, place and seal the returnable documents

listed in the tender data in an envelope marked “financial proposal” and place the remaining returnable documents in an envelope marked “technical proposal”. Each envelope shall state on the outside the employer’s address and identification details stated in the tender data, as well as the tenderer's name and contact address. F.2.13.7 Seal the original tender offer and copy packages together in an outer package that states on the outside only

the employer's address and identification details as stated in the tender data. F.2.13.8 Accept that the employer shall not assume any responsibility for the misplacement or premature opening of

the tender offer if the outer package is not sealed and marked as stated. F.2.14 Information and data to be completed in all respects

Accept that tender offers, which do not provide all the data or information requested completely and in the form required, may be regarded by the employer as non-responsive. F.2.15 Closing time

F.2.15.1 Ensure that the employer receives the tender offer at the address specified in the tender data not later than

the closing time stated in the tender data. Proof of posting shall not be accepted as proof of delivery. The employer shall not accept tender offers submitted by telegraph, telex, facsimile or e-mail, unless stated otherwise in the tender data. F.2.15.2 Accept that, if the employer extends the closing time stated in the tender data for any reason, the requirements

of these conditions of tender apply equally to the extended deadline.

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F.2.16 Tender offer validity

F.2.16.1 Hold the tender offer(s) valid for acceptance by the employer at any time during the validity period stated in the

tender data after the closing time stated in the tender data. F.2.16.2 If requested by the employer, consider extending the validity period stated in the tender data for an agreed

additional period. F.2.17 Clarification of tender offer after submission

Provide clarification of a tender offer in response to a request to do so from the employer during the evaluation of tender offers. This may include providing a breakdown of rates or prices and correction of arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the total of the prices or substance of the tender offer is sought, offered, or permitted. The total of the prices stated by the tenderer shall be binding upon the tenderer. Note: Sub-clause F.2.17 does not preclude the negotiation of the final terms of the contract with a preferred tenderer following a

competitive selection process, should the Employer elect to do so.

F.2.18 Provide other material

F.2.18.1 Provide, on request by the employer, any other material that has a bearing on the tender offer, the tenderer’s

commercial position (including notarized joint venture agreements), referencing arrangements, or samples of materials, considered necessary by the employer for the purpose of a full and fair risk assessment. Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided, by the time for submission stated in the employer’s request, the employer may regard the tender offer as non-responsive. F.2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required.

F.2.19 Inspections, tests and analysis

Provide access during working hours to premises for inspections, tests and analysis as provided for in the tender data. F.2.20 Submit securities, bonds, policies, etc.

If requested, submit for the employer’s acceptance before formation of the contract, all securities, bonds, guarantees, policies and certificates of insurance required in terms of the conditions of contract identified in the contract data. F.2.21 Check final draft

Check the final draft of the contract provided by the employer within the time available for the employer to issue the contract. F.2.22 Return of other tender documents

If so instructed by the employer, return all retained tender documents within 28 days after the expiry of the validity period stated in the tender data. F.2.23 Certificates

Include in the tender submission or provide the employer with any certificates as stated in the tender data.

F.3 The employer’s undertakings F.3.1 Respond to clarification

Respond to a request for clarification received up to five working days prior to the tender closing time stated in the Tender Data and notify all tenderers who drew procurement documents. F.3.2 Issue Addenda

If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period from the date of the Tender Notice until seven days before the tender closing time stated in the Tender Data. If, as a result a tenderer applies for an extension to the closing time stated in the Tender Data, the Employer may grant such extension and, will then notify it to all tenderers who drew documents.

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F.3.3 Return late tender offers

Return tender offers received after the closing time stated in the Tender Data, unopened, (unless it is necessary to open a tender submission to obtain a forwarding address), to the tenderer concerned. F.3.4 Opening of tender submissions

F.3.4.1 Unless the two-envelope system is to be followed, open valid tender submissions in the presence of tenderers’

agents who choose to attend at the time and place stated in the tender data. Tender submissions for which acceptable reasons for withdrawal have been submitted will not be opened. F.3.4.2 Announce at the opening held immediately after the opening of tender submissions, at a venue indicated in the

tender data, the name of each tenderer whose tender offer is opened, the total of his prices, preferences claimed and time for completion, if any, for the main tender offer only. F.3.4.3 Make available the record outlined in F.3.4.2 to all interested persons upon request.

F.3.5 Two-envelope system

F.3.5.1 Where stated in the tender data that a two-envelope system is to be followed, open only the technical proposal

of valid tenders in the presence of tenderers’ agents who choose to attend at the time and place stated in the tender data and announce the name of each tenderer whose technical proposal is opened. F.3.5.2 Evaluate the quality of the technical proposals offered by tenderers, then advice tenderers who remain in

contention for the award of the contract of the time and place when the financial proposals will be opened. Open only the financial proposals of tenderers, who score in the quality evaluation above the minimum number of points for quality stated in the tender data, and announce the score obtained for the technical proposals and the total price and any preferences claimed. Return unopened financial proposals to tenderers whose technical proposals failed to achieve the minimum number of points for quality. F.3.6 Non-disclosure

Not disclose to tenderers, or to any other person not officially concerned with such processes, information relating to the evaluation and comparison of tender offers, the final evaluation price and recommendations for the award of a contract, until after the award of the contract to the successful tenderer. F.3.7 Grounds for rejection and disqualification

Determine whether there has been any effort by a tenderer to influence the processing of tender offers and instantly disqualify a tenderer (and his tender offer) if it is established that he engaged in corrupt or fraudulent practices. F.3.8 Test for responsiveness

Determine, on opening and before detailed evaluation, whether each tender offer properly received: a) Meets the requirements of these Conditions of Tender, b) Has been properly and fully completed and signed, and C) Is responsive to the other requirements of the tender documents. A responsive tender is one that conforms to all the terms, conditions, and specifications of the tender documents without material deviation or qualification. A material deviation or qualification is one which, in the Employer's opinion, would: • Detrimentally affect the scope, quality, or performance of the works, services or supply identified in The Scope of Work, • Change the Employer's or the tenderer's risks and responsibilities under the contract, or • Affect the competitive position of other tenderers presenting responsive tenders, if it were to be rectified. Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by correction or withdrawal of the non-conforming deviation or reservation. F.3.9 Arithmetical errors

Check responsive tender offers for arithmetical errors, correcting them in the following manner:

30


• Where there is a discrepancy between the amounts in figures and in words, the amount in words shall govern. • If a bill of quantities (or schedule of rates) apply and there is an error in the line item total resulting from the

product of the unit rate and the quantity, the line item total shall govern and the rate shall be corrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the line item total as quoted shall govern, and the unit rate will be corrected.

• Where there is an error in the total of the prices either as a result of other corrections required by this checking process or in the tenderer's addition of prices, the total of the prices shall govern and the tenderer will be asked to revise selected item prices (and their rates if a bills of quantities applies) to achieve the tendered total of the prices.

Consider the rejection of a tender offer if the tenderer does not correct or accept the correction of his arithmetical errors in the manner described above. F.3.10 Clarification of a tender offer

Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from the tender offer. F.3.11 Evaluation of tender offers F3.11.1 General

Appoint an evaluation panel of not less than three persons. Reduce each responsive tender offer to a comparative offer and evaluate it using the tender evaluation method that is indicated in the Tender Data and described below:

Method 1: Financial offer

1) Rank tender offers from the most favorable to the least favorable comparative offer.

2) Recommend highest ranked tenderer for the award of the contract, unless there are compelling and justifiable reasons not to do so.

Method 2: Financial offer and preferences

1) Score tender evaluation points for financial offer.

2) Confirm that tenderers are eligible for the preferences claimed and if so, score tender evaluation points for preferencing.

3) Calculate total tender evaluation points.

4) Rank tender offers from the highest number of tender evaluation points to the lowest.

5) Recommend tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so.

Method 3: Financial offer and quality

1) Score quality, rejecting all tender offers that fail to score the minimum number of points for quality stated in the Tender data.




5) Recommend tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so.

Method 4: Financial offer, quality and preferences

1) Score quality, rejecting all tender offers that fail to score the minimum number of points for quality stated in the Tender data.


3) Confirm that tenderers are eligible for the preferences claimed, and if so, score tender evaluation points for referencing.



6) Recommend tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so. .

Score financial offers, preferences and quality, as relevant, to two decimal places.

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F.3.11.2 Scoring Financial Offers

Score the financial offers of remaining responsive tender offers using the following formula: NFO = W1 x A where: NFO = the number of tender evaluation points awarded for the financial offer. W1 = the maximum possible number of tender evaluation points awarded for the financial offer as stated in the

Tender Data. A = a number calculated using either formulas 1 or 2 below as stated in the Tender Data.

Formula Basis for comparison Option 1 Option 2

1 Highest price or discount )m

)m((1

P

PP P/Pm

2 Lowest price or percentage commission/fee )m

)m((1

P

PP Pm/P

Where: Pm = the comparative offer of the most favorable tender offer. P = the comparative offer of tender offer under consideration. F.3.11.3 Scoring quality (functionality)

Score quality in each of the categories stated in the Tender Data and calculate total score for quality. F.3.12 Insurance provided by the employer

If requested by the proposed successful tenderer, submit for the tenderer's information the policies and / or certificates of insurance which the conditions of contract identified in the contract data, require the employer to provide. F.3.13 Acceptance of tender offer

F.3.13.1 Accept tender offer only if the tenderer satisfies the legal requirements stated in the Tender

Data. F.3.13.2 Notify the successful tenderer of the employer's acceptance of his tender offer by completing and returning

one copy of the form of offer and acceptance before the expiry of the validity period stated in the tender data, or agreed additional period. Providing the form of offer and acceptance does not contain any qualifying statements, it will constitute the formation of a contract between the employer and the successful tenderer as described in the form of offer and acceptance. F.3.14 Notice to unsuccessful tenderers

If the tenderer does not receive any written corresponded from the client within a period of eight weeks after closing date of tender, the tenderer should note that his/her tender was not successful.. F.3.15. Prepare contract documents

If necessary, revise documents that shall form part of the contract and that were issued by the employer as part of the tender documents to take account of: a) Addenda issued during the tender period, b) Inclusion of some of the returnable documents, c) Other revisions agreed between the employer and the successful tenderer, and d) The schedule of deviations attached to the form of offer and acceptance, if any. F.3.16 Issue final contract

Prepare and issue the final draft of contract documents to the successful tenderer for acceptance as soon as possible after the date of the employer's signing of the form of offer and acceptance (including the schedule of deviations, if any).

32


Only those documents that the conditions of tender require the tenderer to submit, after acceptance by the employer, shall be included. F.3.17 Complete adjudicator's contract

Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange for both parties to complete formalities for appointing the selected adjudicator at the same time as the main contract is signed. F.3.18 Provide copies of the contracts

Provide to the successful tenderer the number of copies stated in the Tender Data of the signed copy of the contract as soon as possible after completion and signing of the form of offer and acceptance.

33

Tender 30 T2.1 Part T2: Returnable documents List of Returnable Documents BID No. RFQ-IDT/DSAC/MAINT02-2017/18


MAINTENANCE OF LIBRARIES


T2.1 List of Returnable Documents

The tenderer must complete the following returnable documents: 1. Returnable Schedules required only for tender evaluation purposes (certified copies not older than

three months or originals of the following documents):

Declaration of Interest

Record of Addenda to Tender Documents

Compulsory Supplier Questionnaire - Contractors

Certificate of Authority for Signature

Schedule of Plant and Equipment

Schedule of Tenderer’s References

Schedule of Subcontractors

Key Personnel

Preliminary Programme

Proposed Amendments and Qualifications

Copy of proof of registration with the Construction Industry Development Board (CIDB)

Certified Identity documents of Owners / Directors / Members / Shareholders (Certified Copies not older than three (3) months

Certified copy of contractor Registration for Incorporation or of Company Registration Document

Closed Corporations to attach an Association Agreement

Shareholders’ Agreements / Share Certificates / Memorandum of Association for companies

Cancelled cheque or an original letter from the bank verifying banking details

Letter from the Bank stating all signatories (where more than 1 signatory)

Valid VAT Certificate (where applicable)

Tax Clearance Certificate with tax compliance status letter with pin.

Copy of COIDA (Compensation for Occupational Injuries and Diseases) registration certificate, e.g Letter of Good Standing

Proof of disability if preference claimed for disability equity ownership

Contractor’s Health and Safety Declaration

SHEQ plan

B-BBEE Certificate issued by verification agency accredited by SANAS or Affidavit for EMEs 2. Other documents required only for tender evaluation purposes

Priced bill of quantities initialled every page 3. Returnable Schedules that will be incorporated into the contract

Preferencing Schedule (direct preferences) for the 80:20 4. Other documents that will be incorporated into the contract

IDT addendum to the JBCC 5. The offer portion of the C1.1 Offer and Acceptance (fully completed and signed) 6. C1.2 Contract Data (Part 2)

34

Part T2: Returnable documents BID No. RFQ-IDT/DSAC/MAINT02-2017/18

Record of Addenda to tender documents

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

Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

Attach additional pages if more space is required.

Signed Date

Name

Identity number

Position

Tenderer

35


CERTIFICATE OF ATTENDANCE AT COMPULSORY BRIEFING

This is to certify that (tenderer) ................................................................................................................

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

........................................................................................................... was represented by the person(s)

named below at the compulsory meeting held for all tenderers at (location) ..........................................

................................................ on(date).................................... starting at (time) ...................................

I / We acknowledge that the purpose of the meeting was to acquaint myself / ourselves with the site of the works and / or matters incidental to doing the work specified in the tender documents in order for me / us to take account of everything necessary when compiling our rates and prices included in the tender.

Particulars of person(s) attending the meeting:

Name: . ..................................................... Signature: ..................................................................

Capacity: ....................................................... Identity number: …………………………………………... Name: .... ....................................................... Signature: ..................................................................

Capacity: ....................................................... Identity number: …………………………………………… Attendance of the above person(s) at the meeting is confirmed by the Employer's representative, namely:

Name: .. ....................................................... Signature: ..................................................................

Capacity: ....................................................... Date and Time: ..........................................................

36


COMPULSORY SUPPLIER QUESTIONNAIRE – CONTRACTORS

All supplier information will be treated strictly confidential. ALL SUPPLIER INFORMATION WILL BE TREATED STRICTLY CONFIDENTIAL. NOTE:

a) The information required is mandatory.

b) IDT reserves the right to conduct audits and investigations on any applicant or information supplied in this questionnaire.

BLACK ENTERPRISES

The following is a guide on how Independent Development Trust defines Black Enterprise Companies:

Definition: ‘Black’ means South African citizens who are Black, Indian or Coloured persons and EXCLUDES individuals belonging to such communities from any other country. Black Women-owned Enterprises (BWO):

At least 50% of the voting shares or interests are held and controlled by Black Women, and

Black Women have contributed at least 50% of the required capital, and

Black Women in the enterprise have not been given voting shares or interest just to capture or retain contracts, and

Black Women participate in the day-to-day management and decision making of the enterprise. They necessarily have the aptitude and potential to understand all issues involved in the running of the enterprise including knowledge of the product and market within which their enterprise operates.

In a joint venture, skill must be transferable to the Black Women entrepreneur, which means that the Black Women entrepreneur must have the required educational level and/or aptitude.

37


SECTION A A1. BUSINESS INFORMATION

Title (Prof./Dr / Mr / Mrs / Ms/ ) and Surname :____________________________________________ (if sole proprietor) ‘Trading as’ name of business:_________________________________________________________ (Contracts/order will be placed on this name and invoices must reflect it) Previous name of the business (if applicable) ______________________________________________ Physical address of business: Building / complex name: __________________________________________________________ Street name and number: ___________________________________________________________ Suburb: _________________________________ City:______________________________________ Code: __________________________________ Country:____________________________________ Postal address of business: (This is the address to which an Invitation to render sevices and orders/contracts must be sent to) P O Box / Private Bag: ______________________City/Town:________________________Code:_____ Telephone numbers of business: Code: ______ Number: _______________________ Accounts department (Tel no) Code_______ Number: ________________________ Contact person fax number: Code: _______ Number_________________________ (Will be used by IDT for electronic faxing of Request for Services, Contracts and Purchase Orders) Business e-mail: ____________________________________________________________________ Your own business contact person/marketing representative name and telephone number: __________________________________________________________________________________ Business registration number (if applicable) _______________________________________________ (In case of sole proprietor, please furnish identity number plus certified copy of identity documents) Tax number of business: (if applicable) _________________________________________________ VAT Registration number: (if applicable) _________________________________________________

38


A2. BANK INFORMATION: Please attach an original cancelled cheque or an original bank verification letter.

Bank: ___________________________________ Branch code: _______________________

Branch Location: _____________________________________________________________

Account Holder: _____________________________________________________________

Bank Account number: __________________________ Account type: __________________

All payments will be made electronically directly to your bank account.

Kindly note that it will be your responsibility to inform the IDT, in writing, of any changes in your banking details.

(Kindly ensure that all the sections below are fully furnished)

39


SECTION B: EMPOWERMENT

1. EMPLOYMENT EQUITY

B2.

PERCENTAGE OF TOTAL SHARES OWNED BY EACH OF THE FOLLOWING GROUPS (Attach shareholders’ Certificate)

% Black % Asian % Coloured % White

% % % %

% Black Female % Asian Female % Coloured Female % White Female

% % % %

% Black Disabled % Asian Disabled % Coloured Disabled % White Disabled

% % % %

B1. MANAGEMENT STRUCTURE

(Percentage of management on executive level in each of the following groups)

% Black % Asian % Coloured % White

40


B3. LIST OF ALL PARTNERS, PROPRIETORS AND SHAREHOLDERS.

(Re (Attach shareholders’ Certificate)

B4.

COMPLETE THE FOLLOWING INFORMATION FOR EACH PARTNER, PROPRIETOR, SHAREHOLDER, DIRECTOR AND OFFICER OF THE FIRM

(eg Chairman, Secretary, Director, etc)

Name Race Gender

M/F

Disabled

Yes/No

% of time devoted to

firm Home Address

(PLEASE ATTACH THE COMPANY’S EMPLOYMENT EQUITY TARGET FOR NEXT FIVE YEARS)

41


B5.

WHAT IS THE FIRM’S AVERAGE ANNUAL TURNOVER (EXCLUDING VAT)?

R_____________________________________________

B6. IDENTIFY BY NAME, RACE, GENDER, DISABLILTY AND LENGTH OF SERVICE, THOSE INDIVIDUALS IN THE FIRM (INCLUDING OWNERS AND NON-OWNERS) RESPONSIBLE FOR DAY-TO-DAY MANAGEMENT AND BUSINESS DECISIONS

Activity Name Race Gender

M/F

Disabled

Yes/No

Length of

Service (Years)

a) Financial Decisions

Cheque Signing

Acquisition of Lines Credit

Sureties

Major Purchase or Acquisitions

Signing Contracts

b) Management Decisions

Costing

Marketing and Sales Operations

Hiring and firing of Management Personnel

Supervision of Office Personnel

Supervision of Field / Production Activities

B7. TOTAL NUMBER OF EMPLOYEES?

Full time

Part time

42


B8. INDICATE WITH (X) COMPANY CIDB RATING

GRADE 1 GB OR GBPE

GRADE 2 GB OR GBPE

GRADE 3 GB OR GBPE

GRADE 4 GB OR GBPE

GRADE 5 GB OR GBPE

GRADE 6 GB OR GBPE

GRADE 7 GB OR GBPE

GRADE 8 GB OR GBPE

GRADE 9 GB

B9. LOCALITY

PLEASE INDICATE WITH (X) AREAS WHERE YOUR BUSINESS CURRENTLY OPERATES/ AREAS OF REPRESENTATION:

Region Description HO Branch Rep

EC Eastern Cape

FS Free State

GP Gauteng

KZN KwaZulu Natal

MP Gauteng

NC Northern Cape

NW North West

L Limpopo

WC Western Cape

Kindly indicate: Head Office, Branch Office (s) and where represented only. Please attach proof of residence (levies account, water/lights account, Rates & Taxes account, etc.)

43


Physical address: ………………………………. Physical address: …………………………..............

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

Tel no:…………………………….. Tel no:……………………………..

Fax no:……………………………. Fax no:…………………………….

PO Box/Private Bag……………... PO Box/Private Bag……………...

City:……………………………….. City:………………………………..

Code:……………………………… Code:………………………………

Registered Professional name……………………… Registered Professional name……………………..

Physical address: ………………………………. Physical address: …………………………..............

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

Tel no:…………………………….. Tel no:……………………………..

Fax no:……………………………. Fax no:…………………………….

PO Box/Private Bag……………... PO Box/Private Bag……………...

City:……………………………….. City:………………………………..

Code:……………………………… Code:………………………………

Registered Professional name……………………… Registered Professional name……………………

Attach list if space provided is inadequate

44


SECTION C: CAPACITY

1. CAPACITY AND PAST PERFORMANCE

C1.

LIST THE SIX LARGEST PROJECTS COMPLETED BY YOUR FIRM IN THE LAST FOUR YEARS

c) Name of Project Completed

d) Name of Project Manager & Telephone no.

Name of Client & Telephone no. e) Value of Project

45


C2. LIST THE SIX CURRENT PROJECTS THAT YOUR FIRM IS INVOLVED IN

Name of Current Project Name of Project Manager & Telephone no.

Name of Client & Telephone no.

Value of Project

C3. PREVIOUS APPOINTMENTS BY IDT

Project/Programme Name Type of project Contract period

Contract Value

Financial year

IDT Contact Person & Tel no.

46


C4. DID THE FIRM EXIST UNDER A PREVIOUS NAME? YES / NO IF YES, WHAT WAS THE NAME: ______________________________________________

C4.1 WHO WERE OWNERS/ PARTNERS/ DIRECTORS:

SECTION D: QUALITY

1. TYPE OF BUSINESS

D1. TYPE OF FIRM (Tick applicable box)

Joint Venture N/A

Partnership

Company

Close Corporation

One Person Business / Sole Trader

Other (specify) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47


D2. PARTICIPATION CAPACITY (Tick applicable box)

Main Contractor

Sub-Contractor

Specialist Sub-Contractor

Electrical/Mechanical Contractor

Other (specify) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

D3. SERVICE CAPACITY (Tick applicable box)

Building Construction

Civil Construction

Marine Construction

Electrical Engineering Works

Mechanical Engineering Works

Other (specify) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

D4. SAFETY (Tick applicable box)

1. Does your business have an Occupational Health Policy complying to the Occupational Health and Safety Act (OHSA) Yes/No

2. Are you registered with Compensation for Occupational Injuries and Diseases Act (COIDA) Yes/No

COIDA registration number_________________________________

48


SECTION E:

SWORN STATEMENT I/we, the undersigned, who warrant that I/we am/are duly, authorized to do so, on behalf of the enterprise, certify that:

a) The information furnished is true and correct. b) If misrepresentation to gain any benefit is established, Independent Development Trust may in

addition to any other remedy it may have

disqualify the applicant;

restrict the applicant, its shareholders and directors from obtaining business from Independent Development Trust for a period not exceeding 5 years;

in the event that a contract has been concluded, recover from the contractor all costs, losses or damages incurred or sustained as a result of the award of the contract;

cancel the contract and claim any damages suffered by having to make less favourable arrangements after such cancellation; and

c) Independent Development Trust is hereby empowered to take such steps as it may require to verify

information submitted, including, but not limited to, the use of independent auditors or other experts.

d) If there are any changes to the information supplied on this form, I/We will inform Independent Development Trust’s Supply Chain Management Unit immediately.

Name of Enterprise:…………………………………………….………………………… Signature of Enterprise Representative: ……………………………………………………………………………………. Address …………………………………………………………………………………….. Telephone no: …....…………………………Date: ……………………………

--------------------------------------------------------------------- ---------------------

For and on behalf of the company Date

--------------------------------------------------------------------------------

Capacity of signatory (Position held in Company)

49


FOR IDT USE ONLY:

1. Supplier Approval: ♦ Procurement Department: ______________ Date __________ ♦Director : Finance ______________________ Date ______________ ♦Information captured on IDT supplier database: by (name)_____________________________ Date _____________

50


CERTIFICATE OF AUTHORITY FOR SIGNATORY

Indicate the status of the tenderer by ticking the appropriate box hereunder. The tenderer must complete

the certificate set out below for the relevant category, and attach their Registration Certificates for

Companies, Close Corporations and Partnerships, or Agreements and Powers of Attorney for Joint

Ventures, or ID documents to the page provided at the end of this form.

(I)

COMPANY

(II)

CLOSE

CORPORATION

(III)

PARTNERSHIP

(IV)

JOINT VENTURE

(V)

SOLE

PROPRIETOR

N/A

(I) CERTIFICATE FOR COMPANY

I, ………………………………………………………, Id number ………………………………. 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 authorised to sign all documents in connection with

the tender for Contract No ……………… and any contract resulting from it, on behalf of the company.

Chairman: ......................................................................................

As Witnesses: 1. ......................................................................................

2. ...................................................................................... Date: ...... ………………………..

(II) 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 tender for Contract No ..................... and any contract resulting from it, on our behalf.

NAME ADDRESS SIGNATURE DATE

……………………….

ID No………………..

……………………….

ID No………………...

……………………….

ID No………………..

……………………….

ID No………………..

Note : This certificate is to be completed and signed by all of the key members upon whom rests

the direction of the affairs of the Close Corporation as a whole.

51


(III). 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 tender for Contract No ............................................ 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.

(V) CERTIFICATE FOR SOLE PROPRIETOR

I, ........................................................................................... , hereby confirm that I am the sole owner

of the business trading as ....................................................................................................................

Signature of Sole owner: .................................................... As Witnesses: 1. ....................................................................................

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

Date: ...........................................................

52


SCHEDULE OF PLANT AND EQUIPMENT The following are lists of major items of relevant equipment that I / we presently own or lease and will have available for this contract if my / our tender is accepted. (Please attach proof of ownership of plant owned)

(a) Details of major equipment owned by me / us and immediately available for this contract.

DESCRIPTION (type, size, capacity etc) QUANTITY YEAR OF

MANUFACTURE

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

tender is accepted

DESCRIPTION (type, size, capacity etc) QUANTITY

HOW ACQUIRED

HIRE/ BUY

SOURCE

Attach additional pages if more space is required

The Tenderer undertakes to bring onto site without additional cost to the Employer any additional plant not listed but which may be necessary to complete the contract within the specified contract period. Failure to complete this form properly and correctly, will lead to the conclusion that the tenderer does not have the necessary plant and equipment resources at his disposal, which will prejudice his tender. SIGNATURE: ..............................................……… IDENTITY NUMBER: …………………………….. (of person authorised to sign on behalf of the Tenderer) DATE:………………………………

53


REFERENCES

The following is a statement of traceable, current References (suppliers and/or plant hire):

SUPPLIER / PLANT HIRE NAME

TYPE OF SUPPLIER / PLANT HIRE

CONTACT PERSON CONTACT NUMBER

SIGNATURE: ..............................................……… IDENTITY NUMBER: …………………………….. (of person authorised to sign on behalf of the Tenderer) DATE:………………………………

54


PROPOSED SUB-CONTRACTORS (NOT COMPULSORY)

I/We hereby notify you that it is my/our intention to employ the following domestic sub-contractors, with a maximum of a grade _____________ for work in this contract, who will perform a maximum of 40% of the value of the work, of which ___% of the 40% will be performed by a domestic sub-contractor from the list of ............................ attached to be appointed and finalised after the award of the contract.

If I/we am/are awarded a contract I/we agree that this notification does not change the requirement for

me/us to submit the names of proposed subcontractors in accordance with requirements of 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.

I/We confirm that all subcontractors who are contracted to construct a house or building, are registered

as home builders with the National Home Builders Registration Council.

NAMES AND ADDRESSES OF

PROPOSED

SUBCONTRACTORS

COMPANY REGISTRATION

No AND CIDB

CLASSIFICATION

DESCRIPTION OF WORK

TO BE EXECUTED BY

SUBCONTRACTOR


55


KEY PERSONNEL In terms of the Project Specification and the Conditions of Tender, unskilled workers may only be brought in from outside the local community if such personnel are not available locally. The Tenderer shall list below the personnel which he intends to utilize on the Works, including key personnel which may have to be brought in from outside if not available locally.

CATEGORY OF EMPLOYEE

NUMBER OF PERSONS

KEY PERSONNEL, PART OF THE

CONTRACTOR'S ORGANISATION

KEY PERSONNEL TO BE IMPORTED IF NOT AVAILABLE LOCALLY

UNSKILLED PERSONNEL TO BE RECRUITED FROM

LOCAL COMMUNITY

HDI NON-HDI HDI NON-HDI HDI NON-HDI

Site Agent, Project Managers

Foremen, Quality Control and Safety Personnel

Technicians, Surveyors, etc

Artisans and other Skilled workers

Plant Operators

Others:.........................

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

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

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

...

The Tenderer shall attach hereto the curricula vitae, in the form included hereafter, of at least the site agent and the project manager. The information is necessary for evaluation of the tender. SIGNATURE: ..............................................……… IDENTITY NUMBER: …………………………….. (of person authorised to sign on behalf of the Tenderer) DATE:………………………………

56


CURRICULUM VITAE OF KEY PERSONNEL (COMPULSORY) (CVs and Certified Qualifications that are not older than 3 months are required only for site agent and contract or project manager).

CV FOR CONTRACT OR PROJECT MANAGER

Name: Date of birth:

Profession: Nationality:

Qualifications:

Professional Registration Number:

Name of Employer (firm):

Current position: Years with firm:

Employment Record:

Experience Record Pertinent to Required service:

Certification: I, the undersigned, certify that, to the best of my knowledge and belief, this data correctly describes me, my qualifications and my experience. SIGNATURE: ..............................................……… IDENTITY NUMBER: …………………………….. (of person authorised to sign on behalf of the Tenderer) DATE:………………………………

57


CV FOR SITE AGENT



Qualifications:




Employment Record:


Certification: I, the undersigned, certify that, to the best of my knowledge and belief, this data correctly describes me, my qualifications and my experience. ........................................................…………………......... ……..…………………. SIGNATURE OF THE INCUMBANT IN THE SCHEDULE DATE

…………………………………………………….

INCUMBANT’S IDENTITY NUMBER

58


CV FOR TECHNICIAN / ARTISAN



Qualifications:




Employment Record:



…………………………………………………….


59


CV FOR FOREMAN



Qualifications:




Employment Record:



…………………………………………………….


60


PRELIMINARY PROGRAMME The Tenderer shall attach a preliminary programme reflecting the proposed sequence and tempo of execution of the various activities comprising the work for this Contract. The programme shall be in accordance with the information supplied in the Contract, requirements of the Project Specifications and with all other aspects of his Tender.

NOTE: ONLY COMPUTIRSED PRELIMINARY PROGRAM WILL BE CONSIDERED

PROGRAMME (EXAMPLE ONLY)

ACTIVITY

MONTHS

1 2 3 4 5 6 7 8 9 10

[Note: The programme must be based on the completion time as specified in the Contract Data. No other completion time that may be indicated on this programme will be regarded as an alternative offer, unless it is listed in Table (b) of Form I hereafter and supported by a detailed statement to that effect, all as specified in the Tender Data]

The following aspects of the preliminary programme will be considered:

Programme Heading

The programme is specific and tailored for the execution of the project, is comprehensive and is logically correct

The activities are well articulated with headings and sub headings and show relevant milestones

The activities that occur simultaneously are showing

The activities that depend on each other are linked

The activities that required stages are indicated

Milestones are shown

There are resources aligned / embedded to the programme

Cause and effect of the programme can be determined such that the critical path is shown

The lead times and lag times are clear and being considered for ordering of materials and staffing requirements

Non-Working Days and Been Taken Into Consideration

Has the Programme been divided into Phases

The Cash Flow to Relate to the Programme

The programme to show resource histogram

The Resource Histogram to Show Unskilled Labour


61


AMENDMENTS, QUALIFICATIONS AND ALTERNATIVES (This is not an invitation for amendments, deviations or alternatives but should the Tenderer desire to make any departures from the provisions of this contract he shall set out his proposals clearly hereunder. The Employer will not consider any amendment, alternative offers or discounts unless forms (a), (b) and (c) have been completed to the satisfaction of the Employer). I / We herewith propose amendments, alternatives and discounts as set out in the tables below: (a) AMENDMENTS

PAGE, CLAUSE OR

ITEM NO

PROPOSED AMENDMENT

[Notes: (1) Proposals for amendments to the General and Special Conditions of Contract are not acceptable, and will be ignored;

(2) The Tenderer must give full details of all the financial implications of the amendments and qualifications in a covering letter attached to his tender.

(b) ALTERNATIVES

PROPOSED ALTERNATIVE

DESCRIPTION OF ALTERNATIVE

[Notes: (1) Individual alternative items that do not justify an alternative tender, and an alternative offer for time for completion should be listed here.

(2) In the case of a major alternative to any part of the work, a separate Bill of Quantities, programme, etc, and a detailed statement setting out the salient features of the proposed alternatives must accompany the tender.

62


(3) Alternative tenders involving technical modifications to the design of the works and methods of construction shall be treated separately from the main tender offer.]

(c) DISCOUNTS

ITEM ON WHICH DISCOUNT IS OFFERED

DESCRIPTION OF DISCOUNT OFFERED

[Note: The Tenderer must give full details of the discounts offered in a covering letter attached to his tender, failing which, the offer for a discount may have to be disregarded. Only unconditional discounts will be considered]


63


COPY OF REGISTRATION CERTIFICATE Attached hereto is my / our copy of registration certificate pertaining to my / our relevant industry. My / our failure to submit the registration certificate with my / our tender document will lead to the conclusion that my / our company is not registered in a relevant industry.

64


CERTIFIED IDENTITY DOCUMENTS Attached hereto are my / our certified copies of my / all owners / directors / members / shareholders identity documents and should not be older than 3 months

65


CONTRACTOR'S COPY OF REGISTRATION OF INCORPORATION OR COMPANY REGISTRATION DOCUMENTS

Attached hereto is a certified copy of my / our company registration of incorporation or company registration documents. My failure to submit the copy with my / our tender document will lead to the conclusion that I am / we are not registered as claimed.

66


COPY OF ASSOCIATION AGREEMENT FOR CLOSED CORPORATIONS Attached hereto is my / our duly signed, certified copy of Association Agreement. My / our failure to submit the agreement with our tender document will lead to the conclusion that the agreement does not exist.

67


SHAREHOLDER’S AGREEMENTS, SHARE CERTIFICATES AND MEMORANDUM OF ASSOCIATION FOR COMPANIES

Attached hereto is our duly signed, certified copy of our shareholder’s agreement, share certificates and memorandum of association. Our failure to submit the above documents with our tender document will lead to the conclusion that these documents do not exist.

NOTE: The above documents MUST stipulate management responsibilities, profit sharing, liabilities / responsibilities, management contribution, protection in case of death, etc.

68


TENDERER’S FINANCIAL STANDING In terms of Clause F.2.18.1 of the Contract-specific Tender Data the Tenderer shall provide information about his commercial position, which includes information necessary for the Employer to evaluate the Tenderer's financial standing.

To that end the Tenderer must provide with his tender a bank rating, certified by his banker, to the effect that he will be able to successfully complete the contract at the tendered amount within the specified time for completion.

However, should the Tenderer be unable to provide a bank rating with his tender, he shall state the reasons as to why he is unable to do so, and in addition provide the following details of his banker and bank account that he intends to use for project:

Name of account holder : ..................................................................................................................... Name of Bank : ............................................. Branch : ....................................................................

(i) Account number : ............................................

(ii) Type of account : .............................................

Telephone number : ..................................... Facsimile number : ................................................... Name of contact person (at bank : ......................................................................................................... ......... Failure to provide either the required bank details or a certified bank rating with his tender, will lead to the conclusion that the Tenderer does not have the necessary financial resources at his disposal to complete the contract successfully within the specified time for completion. The Employer undertakes to treat the information thus obtained as confidential, strictly for the use of evaluation of the tender submitted by the Tenderer. SIGNATURE: ..............................................……… IDENTITY NUMBER: …………………………….. (of person authorised to sign on behalf of the Tenderer) DATE:………………………………

69


CANCELLED CHEQUE OR ORIGINAL LETTER FROM BANK Attached hereto are my / our original cancelled cheques or an original letter from my / our bank confirming our banking details. My / our failure to submit the cheque or letter with my / our tender document will lead to the conclusion that the banking details could not be confirmed with the bank.

70


LETTER FROM THE BANK STATING ALL SIGNATORIES Attached hereto is my / our letter from my / our bank stating all signatories on our account. My / our failure to submit the letter with my / our tender document will lead to the conclusion that any one person can sign all official documents at the bank.

71


VALID VAT CERTIFICATE Attached hereto is my / our certified copy of my / our VAT registration certificate. My / our failure to submit the certificate with my / our tender document will lead to the conclusion that my / our company is not registered for VAT.

72


TAX CLEARANCE CERTIFICATE IMPORTANT NOTES: 1. The following is an abstract from the Preferential Procurement Regulations 2001 promulgated

with the Preferential Policy Framework Act No 5 of 2000:

"Tax clearance certificate

16. No contract may be awarded to a person who has failed to submit an original Tax Clearance Certificate from the South African Revenue Service (“SARS”) certifying the taxes of that person to be in order or that suitable arrangement have been made with SARS."

2. The ST 5.1 form, Application for Tax Clearance Certificate (in respect of tenders), must be

completed by the tenderer in every detail and submitted to the Receiver of Revenue where the tenderer is registered for income tax purposes. The Receiver of Revenue will then furnish the tenderer with a Tax Clearance Certificate that will be valid for 12 months from date of issue, unless otherwise indicated on the certificate issued by SARS. This Tax Clearance Certificate must be submitted as an integral part of the tender.

Failure to submit an copy and valid Tax Clearance Certificate with verification PIN will inevitably invalidate the tender.

3. An example of the Application for Tax Clearance Certificate which Tenderers may use to apply

for the Tax Clearance Certificate is included hereafter and is available at any Receiver's Office.

73


APPLICATION FORM FOR TAX CLEARANCE CERTIFICATE]

(IN RESPECT OF TENDER) .............[ EXAMPLE]

1. NAME OF TAXPAYER/TENDERER: ……………………………..…………………………………..

2. TRADE NAME: ……………………………………………………................................................…………

3. IDENTIFICATION No. (if

applicable) :

4. COMPANY/CLOSE CORPORATION REG No. :

5. INCOME TAX REFERENCE No. :

6. VAT REGISTRATION No. :

7. PAYE EMPLOYERS REG No. (if applicable) :

NB: Copy of the tender request must be attached to this application. CONTACT PERSON REQUIRING TAX CLEARANCE CERTIFICATE: SIGNATURE : .......................... NAME : ................ ............................................................................... TELEPHONE NUMBER : CODE: ……….............. NUMBER: .................................................................... ADDRESS : ................... ...... .................................................................................................... .................................................................................................................................. DATE : 2013. ......../....../...... Please note that the Commissioner for the South African Revenue Service (SARS) will not exercise his discretionary powers in favour of any person with regard to any interest, penalties and/or additional tax leviable due to the late or underpayment of taxes, duties or levies or the rendition of returns by any person. NAME OF PERSON RESPONSIBLE FOR CONTRACT : .................................................................................

(ST 5.1) March 999 NB: This example of the application form for a tax clearance certificate is included for the

convenience of tenderers. The application form has to be submitted to SARS to enable them to issue the required Tax Clearance Certificate. The original and valid Tax Clearance Certificate obtained from the Receiver of Revenue must be submitted with the tender (to be attached to the next page).

74


TAX CLEARANCE CERITFICATE

[Tax Clearance Certificate obtained from SARS to be inserted here]

75


COPY OF COIDA REGISTRATION CERTIFICATE Attached hereto is my / our certified copy of registration certificate with the Compensation for Occupational Injuries and Diseases, e.g. letter of good standing. My / our failure to submit the certificate with my / our tender document will lead to the conclusion that my / our company is not registered with COIDA.

76


CIDB REGISTRATION CERTIFICATE Attached hereto is my / our registration certificate with the Construction Industry Development Board. My / our failure to submit the certificate with my / our tender document will lead to the conclusion that my / our company is not registered with CIDB.

NOTE: The CIDB can be contacted or visited on www.cidb.org.za for more information and registration. Obtain a “Code of Conduct for all parties engaged in construction procurement” for you information.

77

http://www.cidb.org.za/


CONTRACTOR'S HEALTH AND SAFETY DECLARATION In terms of Clause 4(4) of the OHSA 1993 Construction Regulations 2014 (referred to as "the Regulations" hereafter), a Contractor may only be appointed to perform construction work if the Employer is satisfied that the Contractor has the necessary competencies and resources to carry out the work safely in accordance with the Occupational Health and Safety Act No 85 of 1993 and the OHSA 1993 Construction Regulations 2014. To that effect a person duly authorized by the tenderer must complete and sign the declaration hereafter in detail. Declaration by Tenderer 1. I the undersigned hereby declare and confirm that I am fully conversant with the Occupational

Health and Safety Act No 85 of 1993 (as amended by the Occupational Health and Safety Amendment Act No 181 of 1993), and the OHSA 1993 Construction Regulations 2014.

2. I hereby declare that my company / enterprise has the competence and the necessary resources to safely carry out the construction work under this contract in compliance with the Construction Regulations and the Employer's Health and Safety Specifications.

3. I hereby undertake, if my tender is accepted, to provide a sufficiently documented Health and Safety Plan in accordance with Regulation 5(1) of the Construction Regulations, approved by the Employer or his representative, before I will be allowed to commence with construction work under the contract. I hereby agree that my company/enterprise will not have a claim for compensation for delay or extension of time because of my failure to obtain the necessary approval for the said safety plan.

4. I confirm that copies of my company's approved Health and Safety Plan, the Employer's Safety

Specifications as well as the OHSA 1993 Construction Regulations 2014 will be provided on site and will at all times be available for inspection by the Contractor's personnel, the Employer's personnel, the Engineer, visitors, and officials and inspectors of the Department of Labour.

5. I hereby confirm that adequate provision has been made in my tendered rates and prices in the

bill of quantities to cover the cost of all resources, actions, training and all health and safety measures envisaged in the OHSA 1993 Construction Regulations 2014, including the cost for specific items that may be scheduled in the bill of quantities.

6. I hereby confirm that I will be liable for any penalties that may be applied by the Employer in terms

of the said Regulations for failure on my part to comply with the provisions of the Act and the Regulations as set out in Regulation 30 of the Regulations.

7. I agree that my failure to complete and execute this declaration to the satisfaction of the Employer

will mean that I am unable to comply with the requirements of the OHSA 1993 Construction Regulations 2014, and accept that my tender will be prejudiced and may be rejected at the discretion of the Employer.

8. I am aware of the fact that, should I be awarded the contract, I must submit the notification

required in terms of Regulation 3 of the OHSA 1993 Construction Regulations 2014 (example attached hereafter) before I will be allowed to proceed with any work under the contract.


78


PRO FORMA NOTIFICATION FORM IN TERMS OF THE OCCUPATIONAL HEALTH AND

SAFETY ACT 1993, CONSTRUCTION REGULATIONS 2014

[In terms of Regulation 3 of the Construction Regulations 2014, the successful Tenderer must complete and forward this form prior to commencement of work to the office of the Department of Labour.]

1. (a) Name and postal address of Contractor:

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

(b) Name of Contractor’s contact person:

Telephone number:

2. Contractor’s compensation registration number:

3. (a) Name and postal address of client:

(b) Name of client’s contact person or agent: ......................

Telephone number

4. (a) Name and postal address of designer(s) for the project:

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

(b) Name of designer's contact person:

Telephone number

5. Name of Contractor’s construction supervisor on site appointed in terms of

Regulation 6(1): .................

Telephone number: .........................................

6. Name/s of Contractor’s sub-ordinate supervisors on site appointed in terms of regulation 6(2).

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

7. Exact physical address of the construction site or site office: ......................

8. Nature of the construction work:

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

9. Expected commencement date:

79


10. Expected completion date:

11. Estimated maximum number of persons on the construction site:

12. Planned number of subcontractors on the construction site accountable to Contractor:

13. Name(s) of subcontractors already chosen:

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

SIGNED BY:

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

IDENTITY NUMBER:…………………………………………….

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

80


SBD 4

DECLARATION OF INTEREST

1. Any legal person, including persons employed by the state¹, or persons having a kinship with

persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes a price quotation, advertised competitive bid, limited bid or proposal). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where-

- the bidder is employed by the state; and/or - the legal person on whose behalf the bidding document is signed, has a relationship

with persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid.

2. In order to give effect to the above, the following questionnaire must be completed and

submitted with the bid. 2.1 Full Name of bidder or his or her representative: ………………………………………………. 2.2 Identity Number: …………………………………………………………………………………… 2.3 Position occupied in the Company (director, trustee, shareholder²): ………………………….. 2.4 Company Registration Number:……………………………………………………..……………… 2.5 Tax Reference Number :………………………………………………………………….…………. 2.6 VAT Registration Number: ………………………………………………………………………....

2.6.1 The names of all directors / trustees / shareholders / members, their individual identity

numbers, tax reference numbers and, if applicable, employee / persal numbers must be indicated in paragraph 3 below.

¹“State” means – (a) 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);

(b) any municipality or municipal entity; (c) provincial legislature; (d) national Assembly or the national Council of provinces; or (e) Parliament. ²”Shareholder” means a person who owns shares in the company and is actively involved in the

management of the enterprise or business and exercises control over the enterprise.

81


2.7 Are you or any person connected with the bidder YES / NO presently employed by the state? 2.7.1 If so, furnish the following particulars:

Name of person / director / trustee / shareholder/ member: ……....……………………………… Name of state institution at which you or the person connected to the bidder is employed : ……………………………………… Position occupied in the state institution: ……………………………………… Any other particulars: ………………………………………………………………

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

2.7.2 If you are presently employed by the state, did you obtain YES / NO

the appropriate authority to undertake remunerative work outside employment in the public sector?

2.7.2.1 If yes, did you attached proof of such authority to the bid YES / NO

document? (Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid.

2.7.2.2 If no, furnish reasons for non-submission of such proof:

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

2.8 Did you or your spouse, or any of the company’s directors / YES / NO trustees / shareholders / members or their spouses conduct business with the state in the previous twelve months?

2.8.1 If so, furnish particulars:

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

2.9 Do you, or any person connected with the bidder, have YES / NO any relationship (family, friend, other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid?

2.9.1If so, furnish particulars. ……………………………………………………………... …………………………………………………………..….

………………………………………………………………

82


2.10 Are you, or any person connected with the bidder, YES/NO aware of any relationship (family, friend, other) between

any other bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid?

2.10.1 If so, furnish particulars.

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

2.11 Do you or any of the directors / trustees / shareholders / members YES/NO

of the company have any interest in any other related companies whether or not they are bidding for this contract?

2.11.1 If so, furnish particulars: ……………………………………………………………………………. ……………………………………………………………………………. …………………………………………………………………………….

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

Full Name Identity Number Personal Tax Reference Number

State Employee Number / Persal Number

4 DECLARATION

I, THE UNDERSIGNED (NAME)………………………………………………………………………

CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT.

83


I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN TERMS OF

PARAGRAPH 23 OF THE GENERAL CONDITIONS OF CONTRACT SHOULD THIS

DECLARATION PROVE TO BE FALSE.

………………………………….. ..…………………………………………… Signature Date …………………………………. ……………………………………………… Position Name of bidder

84


SBD 8

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

1 This Standard Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by institutions 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 disregarded if that bidder, or any of its directors have-

a. abused the institution’s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract.

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 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 National Treasury after the audi alteram

partem rule was applied).

Yes

No


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)? To access this Register enter the National Treasury’s website, www.treasury.gov.za, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445.

Yes

No


4.3 Was the bidder or any of its directors convicted by a court of law (including a court outside of the Republic of South Africa) for fraud or corruption during the past five years?

Yes

No

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



4.4 Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

Yes

No


SBD 8

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

NOTE: Failure of a tenderer to fully complete and sign this part of this SBD form in full will invalidate the tender

86


SBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

1 This Standard Bidding Document (SBD) 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 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to:

a. disregard the bid of any bidder if that bidder, or any of its directors have abused the

institution’s supply chain management system and or committed fraud or any other improper conduct in relation to such system.

b. cancel a contract awarded to a supplier of goods and services if the supplier committed

any corrupt or fraudulent act during the bidding process or the execution of that contract.

4 This SBD 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 (SBD 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.

87


SBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

________________________________________________________________________

(Bid Number and Description)

in response to the invitation for the bid made by:

______________________________________________________________________________

(Name of Institution)

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

SBD 9

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.

88


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.

SBD 9

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

NOTE: Failure of a tenderer to fully complete and sign this part of this SBD form in full will invalidate the tender

89


Tick sheet of returnable schedules:

Tick Declaration of Interest

Record of Addenda to Tender Documents

Compulsory Supplier Questionnaire – Contractors

Certificate of Authority for Signature

Schedule of Plant and Equipment

Schedule of Tenderer’s References

Schedule of Subcontractors

Key Personnel

Preliminary Programme

Proposed Amendments and Qualifications

Joint Venture Agreement

Copy of proof of registration with the Construction Industry Development Board

Certified Identity documents of Owners / Directors / Members / Shareholders

Certified copy of contractor Registration for Incorporation or of Company Registration Document

Closed Corporations to attach an Association Agreement

Shareholders’ Agreements / Share Certificates / Memorandum of Association for companies

Cancelled cheque or an original letter from the bank verifying banking details

Letter from the Bank stating all signatories

Valid VAT Certificate (where applicable)

An original valid Tax Clearance Certificate issued by the South African Revenue Services

Copy of COIDA (Compensation for Occupational Injuries and Diseases) registration certificate, e.g. Letter of Good Standing

OHS Plan or letter of undertaking from Qualified OHS Consultant

Proof of disability if preference claimed for disability equity ownership

Contractor’s Health and Safety Declaration

B-BBEE Certificate issued by verification agency accredited by SANAS

Priced bill of quantities initialled every page

Signed offer and acceptance form

90


PREFERENCING SCHEDULE (DIRECT PREFERENCE)

1 Definitions

The following definitions shall apply to this schedule: B-BBEE status level 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 Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; 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; Broad-Based Black Economic Empowerment Act: means the Broad-Based Black Economic Empowerment Act,

2014 (Act No. 53 of 2014); 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; 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; Contract: means the agreement that results from acceptance of a bid by an organ of state;

EME: means any enterprise with an annual total revenue of R 5 Million or less;

Total revenue: bears the same meaning assigned to this expression in the Codes of Good Practice on Black

Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007; 2. Bidders who qualify as EME’s 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 EME’s with B-BBEE Status Level Certificates. 3. Bidders other than EME’s 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. 4. 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. A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the intended sub-contractor is an EME that has the capability and ability to execute the sub-contract. 6. A person awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-contract. 7 Sanctions relating to breaches of preferencing conditions

The sanctions for breaching the preferencing conditions are:

1) termination of the Contract; or 2) a financial penalty payable to the Employer equal to 1,25 times the number of tender evaluation points awarded

in respect of the preference claimed, multiplied by the Contract Price exclusive of VAT, divided by 100.

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4 Tender preference claim in respect of B-BBEE

. 4.1 For projects below R50 000 000.00 80/20 the points are allocated as follows:

60 points – Quality

20 points – B-BBEE Status level contributor









o Non-Compliant Contributor = 0

80 points – Price

92

Contract C1.1 Part C1: Agreement and Contract Data Form of offer and acceptance


C1.1Form of Offer and Acceptance Offer The employer, identified in the acceptance signature block, has solicited offers to enter into a contract for the procurement of:



The tenderer, identified in the offer signature block, has examined the documents listed in the tender data and addenda thereto as listed in the returnable schedules, and by submitting this offer has accepted the conditions of tender. By the representative of the tenderer, deemed to be duly authorized, signing this part of this form of offer and acceptance, the tenderer offers to perform all of the obligations and liabilities of the contractor under the contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the conditions of contract identified in the contract data. THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS:

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rand (in words);

R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (in figures)

This offer may be accepted by the employer by signing the acceptance part of this form of offer and acceptance and returning one copy of this document to the tenderer before the end of the period of validity stated in the tender data, whereupon the tenderer becomes the party named as the contractor in the conditions of contract identified in the contract data. Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . .

Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identity number . . . . . . . . . . . . . . . . . . . .

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

for the tenderer (Name and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . address of organization) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name and signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NOTE: Failure of a tenderer to sign this part of the tender form (offer) in full will invalidate the

tender

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Acceptance By signing this part of this form of offer and acceptance, the employer identified below accepts the tenderer’s offer. In consideration thereof, the employer shall pay the contractor the amount due in accordance with the conditions of contract identified in the contract data. Acceptance of the tenderer’s offer shall form an agreement between the employer and the tenderer upon the terms and conditions contained in this agreement and in the contract that is the subject of this agreement.

The terms of the contract, are contained in:

Part C1: Agreements and contract data, (which includes this agreement) Part C2: Pricing data Part C3: Scope of work. Part C4: Site information

and drawings and documents or parts thereof, which may be incorporated by reference into Parts 1 to 4 above. Deviations from and amendments to the documents listed in the tender data and any addenda thereto as listed in the tender schedules as well as any changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance, are contained in the schedule of deviations attached to and forming part of this agreement. No amendments to or deviations from said documents are valid unless contained in this schedule. The tenderer shall within two weeks after receiving a completed copy of this agreement, including the schedule of deviations (if any), contact the employer’s agent (whose details are given in the contract data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the contract data. Failure to fulfill any of these obligations in accordance with those terms shall constitute a repudiation of this agreement. Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives one fully completed original copy of this document, including the schedule of deviations (if any). Unless the tenderer (now contractor) within five working days of the date of such receipt notifies the employer in writing of any reason why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract between the parties. Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . .

Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identity number . . . . . . . . . . . . . . . . . . . . .

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

for the Employer INDEPENDENT DEVELOPMENT TRUST IDT Limpopo Office 22 Hans Van Rensberg Bonitas Building No1 POLOKWANE

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

94


Schedule of Deviations 1 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

2 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

3 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

4 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

5 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

By the duly authorised representatives signing this agreement, the employer and the tenderer agree to and accept the foregoing schedule of deviations as the only deviations from and amendments to the documents listed in the tender data and addenda thereto as listed in the tender schedules, as well as any confirmation, clarification or changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Agreement shall have any meaning or effect in the contract between the parties arising from this agreement.

95

Contract C1.2 Part C1: Agreement and Contract Data Contract data




C1.2 Contract Data for BID NO. RFQ-IDT/DSAC/MAINT02-2017/18 The Conditions of Contract are clauses 1 to 41 of the JBCC Series 2000 Principal Building Agreement (Edition 4.1 March 2005) published by the Joint Building Contracts Committee. Copies of these conditions of contract may be obtained from the Association of South African Quantity Surveyors (011-3154140), Master Builders Association (011-205-9000; 057-3526269) South African Association of Consulting Engineers (011-4632022) or South African Institute of Architects (051-4474909; 011-4860684; 053-8312014;) The JBCC Principal Building Agreement makes several references to the Contract Data for specific data, which together with these conditions collectively describe the risks, liabilities and obligations of the contracting parties and the procedures for the administration of the Contract. The Contract Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the JBCC Principal Building Agreement. Each item of data given below is cross-referenced to the clause in the JBCC Principal Building Agreement to which it mainly applies. The additions, deletions and alterations to the JBCC Principal Agreement are:

Clause Additions, deletions and alterations

1.1 Replace the following definitions in DEFINITIONS AND INTERPRETATIONS with the following wording: AGREEMENT means the agreement arising from the signing of the Form of Offer and Acceptance by

the parties. BILLS OF QUANTITIES means the document drawn up in accordance with the Pricing Instructions

contained in the Pricing Data. CONSTRUCTION PERIOD means theperiod commencing on the date of site hand over and ending on

the date of practical completion. CONTRACT DOCUMENTS means the Agreement and all documents referenced therein. CONTRACT DRAWINGS means the drawings listed in the Scope of Work. CONTRACT SUM means the total of prices in the Form of Offer and Acceptance. SCHEDULE means the variables listed in the Contract Data. CORRUPT PRACTICE means the offering, giving, receiving and soliciting of anything of value to

influence the action of a public official in the procurement process or in contract execution FRAUDULENT PRACTICE means a mispresentation of facts in order to influence a procurement process

or the execution of a contract to the detriment of any tenderer, and includes collusive practice among tenderers (prior to or after the tender submission) designed to establish tender prices at artificial non-competitive levels and to deprive the tenderer of the benefits of free and open competition. INTEREST means the interest rates applicable to this contract, whether specifically indicated in the

relevant clauses or not, will be the rate as determined by the Minister of Finance, from time to time, in terms of section 80(1)(b) of the Public Finance Management Act, 1999 (Act No. 1 of 1999). SECURITY means the form of security provided by the employer or contractor, as stated in the schedule, from which the contractor or employer may recover expense or loss.

1.6 Any notice given may be delivered by hand, sent by prepaid registered post or telefax. Notice shall be

presumed to have been duly given when: Delete sub-clause 1.6.4

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3.5 Delete sub-clause 3.5

3.6 Delete sub-clause 3.6.

3.7 Add to the end thereof:

The contractor shall supply and keep a copy of the JBCC Series 2000 Principal Building Agreement and Preliminaries applicable to this contract on the site, to which the employer, principal agent and agents

shall have access at all times.

3.9 Delete sub-clause 3.9

3.10

Replace the second reference to “principal agent” with the word “employer”.

4.3 No clause

5.1.2 Under clause 41 – include reference 32.6.3; 34.3; 34.4 and 38.5.8 in terms of which the employer has retained its authority and has not given a mandate to the principal agent and in terms of which the employer shall sign all documents.

9 Clause 9.0 is amended by adding Clause 9.1.4:

The contractor indemnifies and holds harmless the employer against all liability, losses, claims,

damages, penalties, actions, proceedings or judgments (collectively referred to as “Losses”) arising from any infringement of letters, patent design, trademark, name, copyright or other protected rights in respect of any machine, plant, work, materials, thing, system or method of using, fixing, working or arrangement used or fixed or supplied by the contractor, but such indemnity shall not cover any use of the equipment

of part thereof otherwise than in accordance with the provisions of the specification. All payments and royalties payable in one sum or by installments or otherwise shall be included by the contractor in the price and shall be paid by him to those to whom they may be payable. The contractor shall reimburse the employer for all legal and other costs and expenses, including without limitation attorney’s fees on attorney-client scale incurred by the employer in connection with investigation, defending or settling any Losses in connection with pending or threatening litigation in which the employer is a party.

10.5 Add the following as 10.5:

Damage to the works

(a) Without any way limiting the contractor’s obligations in terms of the contract, the contractor shall bear the full risk of damage to and/or destruction of the works by whatever cause during construction of the works and hereby indemnifies and holds harmless the employer against any such damage. The contractor shall take such precautions and security measures and other steps for the protection and security of the works as the contractor may deem necessary.

(b) The contractor shall at all times proceed immediately to remove or dispose of any debris arising from damage or destruction of the works and to rebuild, restore, replace and/or repair the works.

(c) The employer shall carry the risk of damage to or destruction of the works and materials paid for by theemployer that is the result of the expected risks as set out in 10.6.

(d) Where the employer bears the risk in terms of this contract, the contractor shall, if requested to do

so, reinstate any damage or destroyed portions of the works and the costs of such reinstatement

shall be measured and valued in terms of 32.0 hereof.

10.6 Add the following as 10.6: Injury to Persons or loss of or damage to Properties

(a) The contractor shall be liable for and hereby indemnifies the employer against any liability, loss,

claim or proceeding whether arising in common law or by statute, consequent upon personal injuries to or the death of any person whomsoever arising out of or in the course of or caused by the

97


execution of the works unless due to any act or negligence of any person for whose actions the employeris legally liable.

(b) The contractor shall be liable for and hereby indemnifies the employer against any liability, loss,

claim or proceeding consequent upon loss of or damage or to any moveable, or immoveable property or personal property or property contiguous to the site, whether belonging to or under the control of the employer or any other body or person, arising out of or in the course of or by reason

of the execution of the works unless due to any act or negligence of any person for whose actions the employer is legally liable.

(c) The contractor shall upon receiving a contract instruction from the principal agent cause the

same to be made good in a perfect and workmanlike manner at his own cost and in default thereof the employer shall be entitled to cause it to be made good and to recover the cost therefore from the contractor or to deduct the same from amounts due to the contractor.

(d) The contractor shall be responsible for the protection and safety of such portions of the premises placed under his control by the employer for the purpose of executing the works until the issue of thecertificate of practical completion.

(e) Where the execution of the works involves the risk of removal of or interference with support to

adjoining properties including land or structures or any structures to be altered or added to, the contractor shall obtain adequate insurance and will remain adequately insured or insured to the

specific limit stated in the contract against the death of or injury to persons or damage to such property consequent on such removal or interference with the support until such portion of the works

has been completed. (f) The contractor shall at all times proceed immediately at his own cost to remove or dispose of any debris and to rebuild, restore, replace and / or repair such property and te execute the works.

10.7 Add the following as 10.7:

HIGH RISK INSURANCE

In the event of the project being executed in a geological area classified as a “High Risk Area”, that is an area which is subject to highly unstable subsurface conditions which might result in catastrophic ground movement evident by sinkhole or doline formation the following will apply:

10.7.1 Damage to the works

The contractor shall, from the commencement date of the works until the date of the certificate of practical completion, bear the full risk of and hereby indemnifies and hold harmless the employer against any damage to and/or destruction of the works consequent upon a catastrophic ground movement as mentioned above. The contractor shall take such precautions and security measures and other steps for the protection of the works as he may deem necessary.

When so instructed to do so by the principal agent, the contractor shall proceed immediately to remove and/or dispose of any debris arising from damage to or destruction of the works and to rebuild, replace and/or repair the works, at the contractor’s own costs.

10.7.2 Injury to persons or loss of or damage to property

The contractor shall be liable for and hereby indemnifies and holds harmless the employer against any

liability, loss, claim or proceeding arising at any time during the period of the contract whether arising in common law or by statute, consequent upon personal injuries to or the death of any person whomsoever resulting from, arising out of or caused by a catastrophic ground movement as mentioned above. The contractor shall be liable for and hereby indemnifies the employer against any and all liability, loss,

claim or proceeding consequent upon loss of or damage to any moveable, or immovable property or property contiguous to the site, whether belonging to or under the control of the employer or any other

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body or person whomsoever arising out of or caused by a catastrophic ground movement, as mentioned above, which occurred during the period of construction.

10.7.3 It is the responsibility of the contractor to ensure that he has adequate insurance to cover his risk and liability as mentioned in 10.7.1 and 10.7.2. Without limiting the contractor’s obligations in terms of the contract, the contractor shall, within twenty one (21) calendar days of the commencement date but before commencement of the works submit to the employer proof of such insurance policy, if requested

to do so.

10.7.4 The employer shall be entitled to recover any and all losses and/or damages of whatever nature suffered or incurred subsequent upon the contractor’s default of his obligations as set out in 10.7.1, 10.7.2 and 10.7.3. Such losses or damages may be recovered from the contractor or by deducting the same from

any amounts still due under this contract or under any other contract presently or hereafter existing between the employer and the contractor and for this purpose all these contracts shall be considered

on indivisible whole.

15.1.4 Add 15.1.4 as follows: An acceptable health and safety plan, required in terms of the Occupational Health and Safety Act, 1993 (Act 85 of 1993), within twenty-one (21) calendar days of date of acceptance of the tender.

15.2.1 Under 41: Amend to read as follows:

Give the contractor possession of the site within ten (10) working days of the contractor complying

with the terms of 15.1

20.1.3 No clause.

21 Replace sub-clauses 21.1.2 to 21.1.4 and 21.2 to 21.6 with the following: The contractor and principal agent shall appoint a selected subcontractor in accordance with the

provisions of the Scope of Work.

29 Clause 29.0 is amended by:- i) The addition of the following clauses:-

Clause 29.9 “Revision to the date for practical completion shall only be considered when work on the critical

path of the agreed programme for the works is delayed.” ii) Clause 29.10 – Acceleration

Clause 29.10.1 Irrespective of whether or not the principal agent rules that the contractor is entitled to an extension of time or a revision of the date for practical completion, the principal agent shall nevertheless, at any time, be entitled to instruct the contractor in writing to accelerate the progress of the remaining works to ensure that the works are completed by the original date for practical completion or revised date as the case may be.

Clause 29.10.2 Upon receipt of such instruction, the contractor shall take all necessary steps to ensure that the works are completed timeously including the provision by him of additional resources, plant,

manpower, etc and the working overtime or additional overtime beyond that contemplated at the time of tender (at all times adhering to the regulations and requirements of all authorities) and by all other adequate and proper means and methods. The contractor shall prove that such steps

are being taken if called upon to do so. Clause 29.10.3 The contractor’s entitlement to compensation arising out of or in respect of any revision to the date for practical completion that may have been granted by the principal agent or alternatively where the principal agent has instructed the contractor to accelerate, shall be adjudicated

strictly in terms of clause 32.

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30.1 Replace reference to 36.3 at end of sentence with 36.0

31.12

Delete “Payment shall be subject to the employer giving the contractor a tax invoice for the amount

due.”

32.5.1 32.5.4 32.5.7

Add the following to the end of each of these clauses: “… due to no fault of the contractor.”

32.12 Delete sub-clause

34.2 Add # next to 34.2

34.13 Replace “seven (7) calendar days” with “thirty one (31) calendar days” and delete the words “subject to the employer giving the contractor a tax invoice for the amount due”

36.1 Add the following clauses 36.1.3 to 36.1.5 under 36.1 to read as follows:

36.1.3 The contractor’s refusal or neglect to comply strictly with any of the conditions of contract.

36.1.4 The contractor’s estate being sequestrated, liquidated or surrendered in terms of the insolvency laws in

force with the Republic of South Africa.

36.1.5 The contractor, in the judgment of the employer, has engaged in corrupt or fraudulent practices in

competing for or in executing the contract.

36.3 Replace “principal agent” with “employer”.

37.3.5 38.5.4

Replace “ninety (90)” with “one hundred and twenty (120)”.

39.3.5 Add the following words at the end thereof: “within one hundred and twenty (120) working days of

completion of such a report.”

1.1 (41.1.3)

Delete in the Substitute Provisions (41.0 State Clauses) clause 41.1.3 the definitions for CONSTRUCTION PERIOD and INTEREST. Sub-clause 1.1 definitions will apply (see contract data)

10.1 10.2 10.4 (41.0 )

Delete in the Substitute Provisions (41.0 State Clauses) clauses 10.1, 10.2 and 10.4 so that the provisions of sub-clauses 10.1, 10.2 and 10.4 of the non-state clauses will apply to the state.

11.1 (41.0)

Delete in the Substitute Provisions (41.0 State Clauses) clause 11.1 so that the provisions of clause 11.1 of the non-state clause will apply to the state.

12.1 (41.0)

Delete in the Substitute Provisions (41.0 State Clauses) clause 12.1 so that the provisions of clause 12.1 of the non-state clause will apply to the state and replace “contractor” in clause 10.1 in the Substitute

Provisions (41.0 State Clauses) with “The party responsible in terms of 12.1”

12.2 (41.0)

Amend the first part of the first sentence in clause 12.2 of the Substitute Provisions (41.0 State Clauses) to read “Where the contractor is responsible for insurances, the contractor shall ………”

31.11.1 31.11.2 (41.0)

Delete in the Substitute Provisions (41.0 State Clauses) sub-clauses 31.11.1 and 31.11.2 so that the provisions of sub-clause 31.11.1 of the non-state clause will apply to the state.

36.7 37.5

Add in the Substitute Provisions (41.0 State Clauses) as clauses 36.7, 37.5 and 39.5, the following:

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39.5 (41.0)

Notwithstanding any clause to the contrary, on cancellation of this agreement either by the employer or the contractor, or for any reason whatsoever, the contractor shall on written instruction, discontinue with the works on a stated date and withdraw himself from the site. The contractor shall not be entitled to refuse to withdraw from the works on the grounds of any lien or right of retention or on the grounds of

any other right whatsoever.

40.2.1 40.2.2 40.3 40.4 40.5 40.6 (41.0)

Delete in the Substitute Provisions (41.0 State Clauses) clauses 40.2.1, 40.2.2, 40.3, 40.4, 40.5 and 40.6 and replace with the following: 40.1 Should any dispute between the employer, his agents or principal agent on the one hand and

the contractors on the other arise out of this agreement, such dispute shall be referred to

adjudication. 40.2 Adjudication shall be conducted in accordance with the edition of the JBCC Rules for Adjudication

current at the time when the dispute is declared. The party, which raises the dispute, shall select three adjudicators from the panel of adjudicators published by the South African Institution of Civil Engineering or Association of Arbitrators (Southern Africa), determine their hourly fees and confirm that these adjudicators are available to adjudicate the dispute in question. The other party shall then select within 7 days one of the three nominated adjudicators, failing which the chairman for the time being of the Association of Arbitrators (Southern Africa) shall nominate an adjudicator. The adjudicator shall be appointed in terms of the Adjudicators Agreement set out in C1.4 .

40.3 If provided in the schedule, a dispute shall be finally settled by a single Arbitrator to be agreed on

between the parties or, failing such agreement within 28 days after referring the dispute to Arbitration, an Arbitrator nominated by the chairman for the time being of the Association of Arbitrators (Southern Africa).Any such reference shall be deemed to be a submission to the arbitration of a single arbitrator in terms of the Arbitration Act (Act No 42 of 1965, as amended), or any legislation passed in substitution therefore. In the absence of any other agreed procedure, the arbitration shall take place in accordance with the Rules for the Conduct of Arbitrations issued by the Association of Arbitrators (Southern Africa) which are current at the time of the referral to arbitration. The Arbitrator shall, in his award, set out the facts and the provisions of the contract on which his award is based.

40.4 If the schedule provides for court proceedings to finally resolve disputes, disputes shall be

determined by court proceedings.

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The additions to the JBCC Principal Agreement are:

Clause Additions

A1 A1.0 Labour intensive component of the works

A1.1 Payment of 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.

A1.2 Applicable labour laws

The Ministerial Determination, Special Public Works Programme, issued in terms of the Basic Conditions of Employment Act of 1997 by the Minister of Labour in Government Notice N° 35310 04 May 2012, 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 are employed on a temporary basis or contract basis.

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.

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.

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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 Sick Leave

8.1 Only workers who work four or more days per week have the right to claim sick-pay in terms of this clause.

8.2 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.

8.3 A worker may accumulate a maximum of twelve days’ sick leave in a year.

8.4 Accumulated sick-leave may not be transferred from one contract to another contract.

8.5 An employer must pay a task-rated worker the worker’s daily task rate for a day’s sick leave.

8.6 An employer must pay a time-rated worker the worker’s daily rate of pay for a day’s sick leave.

8.7 An employer must pay a worker sick pay on the worker’s usual payday.

8.8 Before paying sick-pay, an employer may require a worker to produce a certificate stating that the worker was unable to work on account of sickness or injury if the worker is –

(a) absent from work for more than two consecutive days; or

(b) absent from work on more than two occasions in any eight-week period.

8.9 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.

8.10 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.

9 Maternity Leave

9.1 A worker may take up to four consecutive months’ unpaid maternity leave.

9.2 A worker is not entitled to any payment or employment-related benefits during maternity leave.

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9.3 A worker must give her employer reasonable notice of when she will start maternity leave and when she will return to work.

9.4 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.

9.5 A worker may begin maternity leave –

(a) four weeks before the expected date of birth; or

(b) on an earlier date –

(i) if a medical practitioner, midwife or certified nurse certifies that it is necessary for the health of the worker or that of her unborn child; or

(ii) if agreed to between employer and worker; or

(c) on a later date, if a medical practitioner, midwife or certified nurse has certified that the worker is able to continue to work without endangering her health.

9.6 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 Family responsibility leave

10.1 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.

11 Statement of Conditions

11.1 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.

11.2 An employer must ensure that these terms are explained in a suitable language to any employee who is unable to read the statement.

11.3 An employer must supply each worker with a copy of these conditions of employment.

12 Keeping records

12.1 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;

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(d) payments made to each worker.

12.2 The employer must keep this record for a period of at least three years after the completion of the SPWP.

13 Payment

13.1 An employer must pay all wages at least monthly in cash or by cheque or into a bank account.

13.2 A worker may not be paid less than the minimum wage rate of R95 per day or per task. This will be adjusted annually on the 1st of November in line with inflation (available CPI as provided by StatsSA six (6) weeks before implementation)

13.3 A task-rated worker will only be paid for tasks that have been completed.

13.4 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.

13.5 A time-rated worker will be paid at the end of each month.

13.6 Payment must be made in cash, by cheque or by direct deposit into a bank account designated by the worker.

13.7 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.

13.8 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.

13.9 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.

13.10 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.

14 Deductions

14.1 An employer may not deduct money from a worker’s payment unless the deduction is required in terms of a law.

14.2 An employer must deduct and pay to the SA Revenue Services any income tax that the worker is required to pay.

14.3 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.

14.4 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.

15 Health and Safety

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15.1 Employers must take all reasonable steps to ensure that the working environment is healthy and safe.

15.2 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 behavior by another person to their employer or manager.

16 Compensation for Injuries and Diseases

16.1 It is the responsibility of the employers (other than a contractor) to arrange for all persons employed to be covered in terms of the Compensation for Occupational Injuries and Diseases Act, 130 of 1993.

16.2 A worker must report any work-related injury or occupational disease to their employer or manager.

16.3 The employer must report the accident or disease to the Compensation Commissioner.

16.4 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.

17 Termination

17.1 The employer may terminate the employment of a worker for good cause after following a fair procedure.

17.2 A worker will not receive severance pay on termination.

17.3 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.

17.4 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.

17.5 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.

18 Certificate of Service

18.1 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)

(d) the work performed by the worker;

(e) any training received by the worker as part of the SPWP;

(f) the period for which the worker worked on the SPWP;

(g) any other information agreed on by the employer and worker.

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A2 A2.0 Mandatory Sub-Contracting

A2.1 The Contractor may sub-contract a maximum of 40% of the work to Domestic Sub-Contractors. These Sub-Contractors shall have a CIDB grading of 4GB and below. These Sub-Contractors shall be as listed in the Schedule of Sub-Contractors in the Returnable Schedules.

The Contractor shall, directly after appointment and without delay, enter into domestic sub-contracts with the Domestic Sub-Contractors listed in the Returnable Schedules and forward a copy of these agreements to the Principal Agent. The Contractor shall remain responsible for providing the subcontracted portion of the works as if the work had not been subcontracted.

The Contractor will be responsible for all assistance and training required by the Sub-Contractor/s to complete the Project successfully. Irrespective of the mandatory sub-contracting requirement of this contract, the Contractor will at all times be the responsible party in accordance with the conditions of contract.

A3 A3.0 Preferred Sub-Contractors / Suppliers

A3.1 Of the 40% work that may be sub-contracted to Domestic Sub-Contractors, .......% of the work shall be sub-contracted to a Preferred Sub-Contractor from the list of ............................................................................ included in the Scope of Works section of this document.

The Contractor to take note that this Sub-Contractor will be appointed after the award of the contract.

A4 A4.0 Attendance to Domestic Sub-Contractors in terms of clauses A2 and A3 above

A4.1 The attendance of to the Domestic Sub-Contractor appointed in terms of clauses A2 and A3 above shall be priced under the relevant specific preliminaries item in the Preliminaries Section of the Bills of Quantities.

A5 A5.0 Mandatory Training

A5.1 The Contractor will be required to provide training to above and other sub-contractors. An allowance for this has been made in the final summary of the bills of quantities, which will be treated as a budgetary allowance which the Contractor can use for training and which may be deducted in part or in whole from the project should it not be used.

A6 A6.0 Expanded Public Works Programme

A6.1 The Contractor will be required to employ staff which satisfies the EPWP requirements as per the Guidelines for the implementation of labor-intensive infrastructure projects.

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Part 1: Contract Data Completed by the Employer

Clause Item and data

1.2

The Employer is THE INDEPENDENT DEVELOPMENT TRUST

The address of the Employer is: P.O. Box 55386, Polokwane, 0700

Telephone: 015-295 0000

Facsimile: 015-295 6559

Address (physical): 22 Hans van Rensburg Street, Polokwane Address (postal): P.O. Box 55386, Polokwane, 0700

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1.1 The Works comprises of the MAINTENANCE OF COMMUNITY LIBRARIES AT GRAVELOTTE, SELWANE AND SHILUVANE COMMUNITY LIBRARY

1.1 The Site is located at MAINTENANCE OF COMMUNITY LIBRARIES AT GRAVELOTTE, SELWANE AND

SHILUVANE COMMUNITY LIBRARY

1.1 22.2

The Works or installations to be undertaken by direct contractors comprises

NONE

41.0 31.11.2 11.2 31.4.2 26.1.2

The Employer is an organ of State

The interest rate as determined by the Minister of Finance, from time to time, in terms of section 80(1)(b) of the Public Finance Management Act, 1999 (Act No 1 of 1999) will apply.

Lateral support insurance is to be effected by the contractor

Payment will be made for materials and goods

Extended defects liability period will apply to the following elements:

NOT APPLICABLE

15.2.1 Possession of the site is to be given on the date in the schedule providing the employer with construction guarantees in accordance with the provisions of 14.0.

15.3 The period for the commencement of the works after the contractor takes possession of the site is ten (10) working days.

For the works as a whole: The date for practical completion is 3 months after contractual commencement date The penalty per calendar day is 0.05 per R100 of the contract value

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1.2 The law applicable to the agreement shall be that of the Republic of South Africa.

10.1; 10.2 and 12.1

Contract insurance is to be effected by the contractor.

10.1 10.2 12.1

Contract works insurance is to be effected by the contractor for a sum not less than the contract sum plus 20% with a deductible in an amount that the contractor deems appropriate.

10.1 10.2 12.1

Supplementary insurance is required. Such insurance shall comprise a Coupon Policy for Special Risks issued by the South African Special Risk Insurance Association.

11.1, 12.1 Public liability insurance to be effected by the contractor for an amount of R1,000,000.00 with a

deductible in an amount as determined by the contractor’s insurance company.

11.2, 12.1 Support insurance to be effected by the contractor for the sum of NOT APPLICABLE with a deductible in an amount that the contractor deems appropriate.

3.3, 15.1.3, 31.16.2

A waiver of the contractor’s lien or right of continuing possession is not required.

3.7 Three copies of the construction documents are to be supplied to the contractor free of charge.

3.4 JBCC Engineering General Conditions are not to be included in the contract document.

31.5.3 The contract value is to be adjusted using CPAP indices. The base month for the application of CPAP is the month of the closing of the tender and the following alternative indices are applicable:

31.3 There is no latest day of the month for the issue of an interim payment certificate.

14.5 The employer will not provide advanced payments against an advanced payment guarantee.

14.2 and 14.4

The construction guarantee is to be a fixed guarantee in an amount of 10% of the contract sum

and payment reduction

40.0 Dispute resolution shall be by adjudication or Dispute determinations shall be by arbitration

Part 2: Contract Data completed by the Contractor Clause Item and data

1.2

The name of the Contractor is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The address of the contractor is:

Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . .

Facsimile: . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address (physical): . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Address (postal): . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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Contract C1.3 Part C1: Agreement and Contract Data Form of guarantee BID No. RFQ-IDT/DSAC/MAINT02-2017/18

INDEPENDENT DEVELOPMENT TRUST MAINTENANCE OF COMMUNITY LIBRARIES AT GRAVELOTTE, SELWANE AND SHILUVANE COMMUNITY LIBRARY

C1.3 Construction Guarantee

GUARANTOR DETAILS AND DEFINITIONS

Guarantor means . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Physical address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Guarantor’s signatory 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guarantor’s signatory 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employer means The Independent Development Trust Contractor means . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agent means Ntaba Resource and Project Management

Works means BID NO. MAINTENANCE OF COMMUNITY LIBRARIES AT GRAVELOTTE,

SELWANE AND SHILUVANE COMMUNITY LIBRARY

Site means The designated site to be shown to the contractor is at MAINTENANCE OF

COMMUNITY LIBRARIES AT GRAVELOTTE, SELWANE AND SHILUVANE

COMMUNITY LIBRARY

Agreement means the JBCC Series 2000 Principal Agreement Edition 5, July 2007

Contract Sum i.e. the total of prices in the Form of Offer and Acceptance inclusive of VAT

Amount in figures R . . . . . . . . . . . . . . . . . . . . . . . . .

Amount in words . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Rand)

Guaranteed Sum means the maximum aggregate amount of R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount in words . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Rand)

1 The Guarantor’s liability shall be limited to the amount of the Guaranteed Sum as follows:

GUARANTOR’S LIABILITY PERIOD OF LIABILITY

Maximum Guaranteed Sum (not exceeding 10 % of the contract sum) in the amount of:

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

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

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

From and including the date of issue of this Construction Guarantee and up to and including the date of the only practical completion certificate or the last practical completion certificate where there are sections, upon which this Construction Guarantee shall expire.

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2 The Guarantor hereby acknowledges that: 2.1 Any reference in this Guarantee to the Agreement is made for the purpose of convenience and shall

not be construed as any intention whatsoever to create an accessory obligation or any intention whatsoever to create a surety ship.

2.2 Its obligation under this Guarantee is restricted to the payment of money. 3 Subject to the Guarantor’s maximum liability referred to in clauses 1, the Guarantor hereby

undertakes to pay the Employer the sum certified upon receipt of the documents identified in sub-clauses 3.1 to 3.3:

3.1 A copy of a first written demand issued by the Employer to the Contractor stating that payment

of a sum certified by the Principal Agent in an interim or final payment certificate has not been made in terms of the Agreement and failing such payment within seven (7) calendar days, the Employer intends to call upon the Guarantor to make payment in terms of sub-clause 3.2

3.2 A first written demand issued by the Employer to the Guarantor at the Guarantor’s physical address with a copy to the Contractor stating that a period of seven (7) calendar days has elapsed since the first written demand in terms of sub-clause 4.1 and that the sum certified has still not been paid therefore the Employer calls up this Guarantee and demands payment of the sum certified from the Guarantor.

3.3 A copy of the said payment certificate, which entitles the Employer to receive payment in terms of the Agreement of the sum certified in clause 3.

4 Subject to the Guarantor’s maximum liability referred to in clause 1, the Guarantor undertakes to pay

the Employer the Guaranteed Sum or the full outstanding balance upon receipt of a first written demand from the Employer to the Guarantor at the Guarantor's physical address calling up this Guarantee stating that:

4.1 The Agreement has been cancelled due to the Contractor's default and that the Guarantee is

called up in terms of clause 4. The demand shall enclose a copy of the notice of cancellation; or

4.2 A provisional sequestration or liquidation court order has been granted against the Contractor and that the Guarantee is called up in terms of clause 4. The demand shall enclose a copy of the court order.

5 It is recorded that the aggregate amount of payments required to be made by the Guarantor in terms

of clauses 3 and 4 shall not exceed the Guarantor's maximum liability in terms of clause 1. 6 Where the Guarantor is a registered insurer and has made payment in terms of clause 4, the

Employer shall upon the date of issue of the final payment certificate submit an expense account to the Guarantor showing how all monies received in terms of the Guarantee have been expended and shall refund to the Guarantor any resulting surplus. All monies refunded to the Guarantor in terms of this Guarantee shall bear interest at the prime overdraft rate of the Employer’s bank compounded monthly and calculated from the date payment was made by the Guarantor to the Employer until the date of refund.

7 Payment by the Guarantor in terms of clause 3 or 4 shall be made within seven (7) calendar days

upon receipt of the first written demand to the Guarantor. 8 The Employer shall have the absolute right to arrange his affairs with the Contractor in any manner

which the Employer deems fit and the Guarantor shall not have the right to claim his release from this Guarantee on account of any conduct alleged to be prejudicial to the Guarantor

9 The Guarantor chooses the physical address as stated above for all purposes in connection herewith.

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10 This Guarantee is neither negotiable nor transferable and shall expire in terms of clause 1, or payment

in full of the Guaranteed Sum or on the Guarantee expiry date, whichever is the earlier, where after no claims will be considered by the Guarantor. The original of this Guarantee shall be returned to the Guarantor after it has expired

11 This Guarantee, with the required demand notices in terms of clauses 3 or 4, shall be regarded as a

liquid document for the purpose of obtaining a court order. 12 Where this Guarantee is issued in the Republic of South Africa the Guarantor hereby consents in

terms of Section 45 of the Magistrate's Courts Act No 32 of 1944, as amended, to the jurisdiction of the Magistrate's Court of any district having jurisdiction in terms of Section 28 of the said Act, notwithstanding that the amount of the claim may exceed the jurisdiction of the Magistrate's Court.

Signed at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guarantor’s Guarantor’s Signatory 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signatory 2 . . . . . . . . . . . . . . . . . . . . . . . . . . Identity number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identity number . . . . . . . . . . . . . . . . . . . . . . . Witness 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Witness 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guarantor’s seal or stamp

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Contract C1.4 Part C1: Agreement and Contract Data Adjudicator’s appointment BID No. RFQ-IDT/DSAC/MAINT02-2017/18




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 JBCC 2000 Adjudication Rules, (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 JBCC 2000

Adjudication Rules. 2 The Adjudicator hereby accepts the appointment and agrees to conduct the adjudication in

accordance with the JBCC 2000 Adjudication Rules.. 3 The Parties bind themselves jointly and severally to pay the Adjudicator's fees and expenses 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.

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Contract C1.4 Part C1: Agreement and Contract Data Adjudicator’s appointment BID No. RFQ-IDT/DSAC/MAINT02-2017/18

SIGNED by: SIGNED by: SIGNED by:

Name:

ID:

Name:

ID:

Name:

ID:

who warrants that he / she is

duly authorised to sign for and

on behalf of the first Party in the

presence of

who warrants that he / she is

duly authorised to sign for and

behalf of the second Party in

the presence of

the Adjudicator 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 traveling.

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 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 additionally in accordance with the rates current at the date of invoice.

6 All payments, other than the appointment fee (item 3) shall become due 31 days after receipt of invoice,

* Delete as necessary

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Contract C2.1 Part C2: Pricing Data Pricing Data BID No. RFQ-IDT/DSAC/MAINT02-2017/18




C2.1 Pricing Instructions

1 The Bills of Quantities have been drawn up in accordance with the Standard System of

Measuring Building Work (as amended) published and issued by the Association of South African Quantity Surveyors (Sixth Edition (Revised)), 1999. Where applicable the:

a) Civil engineering work has been drawn up in accordance with the provisions of the latest

edition of SABS 1200 Standardized Specifications for Civil Engineering Works. b) Mechanical work has been drawn up in accordance with the provisions of the Model Bills

of Quantities for Refrigeration, Air-Conditioning and Ventilation Installations, published by the South African Association of Quantity Surveyors, July 1990).

c) electrical work has been drawn up in accordance with the provisions of the Model Bills of Quantities for Electrical Work, published by the South African Association of Quantity Surveyors, (July, 2005).

2 The agreement is based on the JBCC Series 2000 Principal Building Agreement, prepared by

the Joint Building Contracts Committee, Edition 5.0, and July 2007. The additions, deletions and alterations to the JBCC Principal Building Agreement as well as the contract specific variables are as stated in the Contract Data. Only the headings and clause numbers for which allowance must be made in the Bills of Quantities are recited.

3 Preliminary and general requirements are based on the various parts of the JBCC Series 2000

Preliminaries as prepared by the Joint Building Contracts Committee, Edition 4.1, and March 2005. The additions, deletions and alterations to the various parts of the JBCC Series 2000 Preliminaries as well as the contract specific variables are as stated in the Specification Data in the Scope of Work. Only the headings and clause numbers for which allowance must be made in the Bills of Quantities are recited.

4 It will be assumed that prices included in the 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 tenders. (Refer to www.stanza.org.za or www.iso.org for information on standards).

5 The prices and rates in these Bills of Quantities are fully inclusive prices for the work described

under the items. Such prices and rates cover all costs and expenses that may be required in

and for the execution of the work described in accordance with the provisions of the Scope of

Work, and shall cover the cost of all general risks, liabilities, and obligations set forth or implied

in the Contract Data, as well as overhead charges and profit. These prices will be used as a

basis for assessment of payment for additional work that may have to be carried out.

6 The drawings listed in the Scope of Works used for the setting up of these Bills of Quantities are

kept by the quantity surveyor and can be viewed at any time during office hours up until the completion of the works.

7 Reference to any particular trademark, name, patent, design, type, specific origin or producer is

purely to establish a standard for requirements. Products or articles of an equivalent standard may be substituted.

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http://www.stanza.org.za/

http://www.iso.org/


8 The rates contained in the Bills of Quantities will apply irrespective of the final quantities of the

different classes and kinds of work actually executed.

9 Rates for work of similar description occurring in different sections of the Bills of Quantities shall

be identical.

10 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.

11 Where any item is not relevant to this specific contract, such item is marked N/A (signifying “not

applicable”) 12 The Contract Data and the standard form of contract referenced therein must be studied for

the full extent and meaning of each and every clause set out in Section 1 (Preliminary and General) of the Bills of Quantities

13 The Bills of Quantities is not intended for the ordering of materials. Any ordering of materials,

based on the Bills of Quantities, is at the Contractor’s risk. 14 The amount of the Preliminary and General Section to be included in each monthly payment

certificate shall be assessed as an amount prorated to the value of the work duly executed in the same ratio as the preliminaries bears to the total of prices excluding any contingency sum, the amount for the Preliminary and General Section and any amount in respect of contract price adjustment provided for in the contract.

15 Where the initial contract period is extended, the monthly charge shall be calculated on the

basis as set out in 14 but taking into account the revised period for completing the works. 16 The amount or items of the Preliminary and General Section shall be adjusted to take account

of the theoretical financial effect which changes in time or value (or both) have on this section. Such adjustments shall be based on adjustments in the following categories as recorded in the Bills of Quantities:

a) an amount which is not to be varied, namely Fixed (F) b) an amount which is to be varied in proportion to the contract value, namely Value Related

(V); and c) an amount which is to be varied in proportion to the contract period as compared to the

initial construction period excluding revisions to the construction period for which no adjustment to the contractor is not entitled to in terms of the contract, namely Time Related (T).

17 Where no provision is made in the Bills of Quantities to indicate which of the three categories

in 12 apply or where no selection is made, the adjustments shall be based on the following breakdown:

a) 10 percent is Fixed; b) 15 percent if Value Related c) 75 percent is Time Related. 18 The adjustment of the Preliminary and General Section shall apply notwithstanding the actual

employment of resources in the execution of the works. The contract value used for the adjustment of the Preliminary and General Section shall exclude any contingency sum, the amount for the Preliminary and General Section and any amount in respect of contract price adjustment provided for in the contract. Adjustments in respect of any staged or sectional completion shall be prorated to the value of each section.

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19 All work is to be constructed using labour-intensive methods. The use of plant to provide such works, other than plant specifically provided for in the scope of works, is a variation order to the contract

20 Payment for items, which are designated to be constructed under labour-intensively, will not be

made unless they are constructed using labour-intensive methods. Any unauthorized 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.

21 The tenderer is to acquaint himself as to the specific requirements of this tender as contained in

additional clauses A1 to A6 to the JBCC Principal Agreement as incorporated in the Contract Data. These clauses may be priced under the relevant Preliminaries items in SECTION C: SPECIFIC PRELIMINARIES of the Preliminaries Bill. No claim will be entertained due to the failure of the tenderer to allow for these requirements

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Part C2: Pricing Data BID No. RFQ-IDT/DSAC/MAINT02-2017/18




C2.2 Bills of Quantities

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GRAVELOTTE LIBRARY

BOQ

120

AmountItemNo

Quantity

Gravelotte Library

Library Maintanance

Independent Development Trust - Limpopo Province

BILL No. 1

i) The agreement is to be the JBCC Series 2000 Principal Building Agreement, 5th Edition July 2007, and other contract documents that together form the contract between the employer and contractor

PRELIMINARIES NOTES

ii) The preliminaries are to be the JBCC Series 2000 Preliminaries prepared by the Joint Building Contracts Committee, January 2003 edition and shall be deemed to be incorporated herein

iii) Tenderers are referred to the abovementioned documents for the full intent and meaning of each clause thereof (hereinafter referred to by heading and clause number only) for which such allowance must be made as may be considered necessary

iv) Where standard clauses or alternatives are not entirely applicable to this contract such modifications, corrections or supplements as will apply are given under each relevant clause heading

v) Where any item is not relevant to this specific contract such item is marked N/A (signifying "not applicable")

vi) If Alternative A as set out in clause B10.3 hereinafter is to be used for the adjustment of the preliminaries each item priced is to be allocated to one or more of the three categories, where "F" denotes a fixed amount (amount not to be varied), "V" denotes an amount variable in proportion to value and "T" denotes an amount in proportion to time

-------------------------

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PRELIMINARIESBill No. 1PRELIMINARIESSection No. 1

Prepared byLenakamo Projects (Pty) Ltd

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SECTION A: PRINCIPAL BUILDING AGREEMENT

ItemDefinitions and interpretation (clause 1)F:............................. V:............................ T:............................

1/1/1

Definitions (A1)

ItemOffer acceptance and performance (clause 2)F:............................. V:............................ T:............................

1/1/2

Objective and Preparation (A2)

ItemDocuments (clause 3)F:............................. V:............................ T:............................

1/1/3

Preparation (A3-A14)

ItemDesign responsibility (clause 4)F:............................. V:............................ T:............................

1/1/4

ItemEmployer's agents (clause 5)F:............................. V:............................ T:............................

1/1/5

ItemSite representative (clause 6)F:............................. V:............................ T:............................

1/1/6

ItemCompliance with regulations (clause 7)F:............................. V:............................ T:............................

1/1/7

ItemWorks risk (clause 8)F:............................. V:............................ T:............................

1/1/8

ItemIndemnities (clause 9)F:............................. V:............................ T:............................

1/1/9

Item

Works insurances (clause 10)

F:............................. V:............................ T:............................

1/1/10

ItemLiability insurances (clause 11)F:............................. V:............................ T:............................

1/1/11

ItemEffecting insurance (clause 12)F:............................. V:............................ T:............................

1/1/12

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Item

State Provisions (clause 13)

F:............................. V:............................ T:............................

1/1/13

ItemSecurity (clause 14)F:............................. V:............................ T:............................

1/1/14

ItemPreparation for and execution of the works (clause 15) fixed F:............................. V:............................ T:............................

1/1/15

Execution (A15-A23)

ItemAccess to the works (clause 16)F:............................. V:............................ T:............................

1/1/16

ItemContract instructions (clause 17)F:............................. V:............................ T:............................

1/1/17

ItemSetting out of the works (clause 18)F:............................. V:............................ T:............................

1/1/18

ItemAssignment (clause 19)F:............................. V:............................ T:............................

1/1/19

ItemNominated subcontractors (clause 20)F:............................. V:............................ T:............................

1/1/20

ItemSelected subcontractors (clause 21)F:............................. V:............................ T:............................

1/1/21

Item

Employer's Direct Contractors (clause 22)

F:............................. V:............................ T:............................

1/1/22

Item

Contractor's Domestic Sub-Contractors (Clause 23)

F:............................. V:............................ T:............................

1/1/23

ItemPractical completion (clause 24)F:............................. V:............................ T:............................

1/1/24

Completion (A24-A30)

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ItemWorks completion (clause 25)F:............................. V:............................ T:............................

1/1/25

ItemFinal completion (clause 26)F:............................. V:............................ T:............................

1/1/26

ItemLatent defects liability period (clause 27)F:............................. V:............................ T:............................

1/1/27

ItemSectional completion (clause 28)F:............................. V:............................ T:............................

1/1/28

ItemRevision of date of practical completion (clause 29)F:............................. V:............................ T:............................

1/1/29

ItemPenalty for non-completion (clause 30)F:............................. V:............................ T:............................

1/1/30

ItemInterim payment to the contractor (clause 31)F:............................. V:............................ T:............................

1/1/31

Payment (A31 - A35)

ItemAdjustment to the contract value (clause 32)F:............................. V:............................ T:............................

1/1/32

ItemRecovery of expense and loss (clause 33)F:............................. V:............................ T:............................

1/1/33

ItemFinal account and final payment (clause 34)F:............................. V:............................ T:............................

1/1/34

Item

Payment to other parties (clause 35)

F:............................. V:............................ T:............................

1/1/35

ItemCancellation by employer - contractor's default (clause36) F:............................. V:............................ T:............................

1/1/36

Cancellation (A36-A39)

ItemCancellation by employer - loss and damage (clause 37)F:............................. V:............................ T:............................

1/1/37

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ItemCancellation by contractor - employer's default (clause 38)F:............................. V:............................ T:............................

1/1/38

ItemCancellation - cessation of the works (clause 39)F:............................. V:............................ T:............................

1/1/39

Item

Dispute Settlement (clause 40)

F:............................. V:............................ T:............................

1/1/40

Dispute (A40)

Contract variables (A41)

Information necessary for completion of those clauses contained in the schedule which are necessary for tender purposes is given hereunder

THE SCHEDULE

Item

Pre-tender information (clause 41)

F:............................. V:............................ T:............................

1/1/41

41.1.1Employer: Independent Development Trust - Limpopo Province

22 Hans Van Rensburg Street

IDT Building No.1

Polokwane, 0700

PO Box 55236, Polokwane, 0700

Tel: +27(0) 15 295 0000 Fax: +27(0)15 295 6559

41.1 CONTRACTING AND OTHER PARTIES

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41.1.2Project Engineers Lenakamo Projects (Pty) Ltd

Address: 58-60 Landros Mare Street, Nedbank Building / Thabakgolo Building3rd FloorPolokwane, 0700

Tel +27(0) 15 101 0621Fax +27(0) 86 724 2948

E-mail [email protected]

41.1.3 Agents service:Architect .............................

41.1.4 Quantity Surveyors Lenakamo Projects (Pty) Ltd


Tel +27(0) 15 101 0621Fax +27(0) 86 724 2948


41.1.5 Structural and Civil Engineers................................

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41.1.6 Agents service: Electrical / Mechanical Engineer

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

Postal address:

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

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

Code ..........................

Tel ........................................

Fax ........................................

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

41.2.1 Works Description:

Maintenance of Gravelotte Library

41.2 CONTRACT DETAILS

41.2.2 Site Description: The site is situated within the territory of Ba-Phalaborwa Local Municipality

41.2.3 Work or installations by direct contractors:

Maintenance of Gravelotte Library

41.2.4 This agreement is for a government contract: Yes

41.2.5 Date on which possession of the site is intended to be given:

41.2.6 Period for the commencement of the works after the contractor takes possession of the site

............................ working days

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41.2.7 Intended date of practical completion and the penalty per calendar day for the works as a whole

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

R300.00....................Penalty Amount per Day

41.2.8 Intended date of practical completion and the penalty per calender day for the works in sections:

Section 1......................................... Date

R............................. Penalty Amount per Month

41.2.9 The law applicable to this agreement shall be that of

General Law including Commercial activities (country)

41.3.1 Contract works insurance to be effected by: Contractor

For the Sum of R 1,000,000.00

41.3 INSURANCES

41.3.2 Supplementary insurance is required: Yes

41.3.3 Public liability insurance to be effected by: Contractor


41.4.1 Waivers of contractors lien or right of continuing possession is required: Yes

41.4 DOCUMENTS

41.4.2 Number of construction document copies to be supplied to the contractor free of charge: 1 (One)

41.4.3 Bills of Quantities/Lump sum document schedule of rates drawn up inaccordance with: Standard system of measuring Building work - 1999

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41.4.4 On acceptance of the tender the bills of quantities/lump sum document is to be submitted within working days: 7 working days

41.4.5 JBCC Engineering General Conditions are to be included in the contract documents: Yes

41.4.6 The contract value is to be adjusted using escalation adjustment indices: Nothe contract will be fixed, is not subject to CPAP

41.4.7 Details of changes made to the provision of JBCC standard documentation:....................................................................

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

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

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

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

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SECTION B: PRELIMINARIES

ItemDefinition and interpretation (B1.1 - B1.6.5)F:............................. V:............................ T:............................

1/1/42

Definition and interpretation (B1)

ItemChecking of documents (B2.1)F:............................. V:............................ T:............................

1/1/43

Documents (B2)

ItemProvisional bills of quantities (B2.2)F:............................. V:............................ T:............................

1/1/44

Item

Availability of construction documentation (B2.3)

F:............................. V:............................ T:............................

1/1/45

ItemInterests of agents (B2.4)F:............................. V:............................ T:............................

1/1/46

ItemPriced documents (B2.5)F:............................. V:............................ T:............................

1/1/47

ItemTender submission (B2.6)F:............................. V:............................ T:............................

1/1/48

ItemDefined works area (B3.1)F:............................. V:............................ T:............................

1/1/49

The site (B3)

ItemGeotechnical investigation (B3.2)F:............................. V:............................ T:............................

1/1/50

ItemInspection of the site (B3.3)F:............................. V:............................ T:............................

1/1/51

A compulsory site inspection and closing of tenders will be as per Tender Advertisement

ItemExisting premises occupied (B3.4)F:............................. V:............................ T:............................

1/1/52

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ItemPrevious work - dimensional accuracy (B3.5)F:............................. V:............................ T:............................

1/1/53

ItemPrevious work - defects (B3.6)F:............................. V:............................ T:............................

1/1/54

ItemServices - known (B3.7)F:............................. V:............................ T:............................

1/1/55

ItemServices - unknown (B3.8)F:............................. V:............................ T:............................

1/1/56

ItemProtection of trees etc (B3.9)F:............................. V:............................ T:............................

1/1/57

ItemArticles of value (B3.10)F:............................. V:............................ T:............................

1/1/58

ItemInspection of adjoining properties etc (B3.11)F:............................. V:............................ T:............................

1/1/59

ItemManagement of the works (B4.1)F:............................. V:............................ T:............................

1/1/60

Management of contract (B4)

ItemProgramming for the works (B4.2)F:............................. V:............................ T:............................

1/1/61

ItemProgress meetings (B4.3)F:............................. V:............................ T:............................

1/1/62

ItemTechnical meetings (B4.4)F:............................. V:............................ T:............................

1/1/63

ItemSamples of materials (B5.1)F:............................. V:............................ T:............................

1/1/64

Samples and shop drawings (B5)

ItemWorkmanship samples (B5.2)F:............................. V:............................ T:............................

1/1/65

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ItemShop drawings (B5.3)F:............................. V:............................ T:............................

1/1/66

ItemDeposits and fees (B6.1)F:............................. V:............................ T:............................

1/1/67

Temporary works and plant (B6)

ItemEnclosure of the works (B6.2)F:............................. V:............................ T:............................

1/1/68

ItemAdvertising (B6.3)F:............................. V:............................ T:............................

1/1/69

ItemPlant, equipment, sheds and offices (B6.4)F:............................. V:............................ T:............................

1/1/70

ItemMain notice board (B6.5)F:............................. V:............................ T:............................

1/1/71

ItemSubcontractors notice board (B6.6)F:............................. V:............................ T:............................

1/1/72

ItemLocation (B7.1)F:............................. V:............................ T:............................

1/1/73

Temporary services (B7)

Item

Water (B7.2)Alternative ? shall apply

F:............................. V:............................ T:............................

1/1/74

Item

Electricity (B7.3)Alternative ? shall apply

F:............................. V:............................ T:............................

1/1/75

Item

Telecommunication equipment (B7.4)Alternative ? shall apply

F:............................. V:............................ T:............................

1/1/76

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Item

Ablution facilities (B7.5)Alternative ? shall apply

F:............................. V:............................ T:............................

1/1/77

ItemResponsibility for prime cost amounts (B8.1)F:............................. V:............................ T:............................

1/1/78

Prime cost amounts (B8)

ItemGeneral attendance (B9.1)F:............................. V:............................ T:............................

1/1/79

Attendance on N/S Subcontractors (B9)

ItemSpecial attendance (B9.2)F:............................. V:............................ T:............................

1/1/80

ItemCommissioning - Fuel, water and power (B9.3)F:............................. V:............................ T:............................

1/1/81

ItemStatutory taxes, duties and levies (B10.1)F:............................. V:............................ T:............................

Financial aspects (B10)

Item

Payment of preliminaries (B10.2)Alternative ? shall apply

F:............................. V:............................ T:............................

1/1/82

ItemAdjustment of preliminaries (B10.3)F:............................. V:............................ T:............................

1/1/83

ItemPayment certificate cash flow (B10.4)F:............................. V:............................ T:............................

1/1/84

ItemContractor information supply (B10.5)F:............................. V:............................ T:............................

1/1/85

ItemProtection of works (B11.1)F:............................. V:............................ T:............................

1/1/86

General (B11)

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ItemProtection/isolation of existing/sectionally occupied works (B11.2)F:............................. V:............................ T:............................

1/1/87

ItemSite security (B11.3)F:............................. V:............................ T:............................

1/1/88

ItemNotice before covering work (B11.4)F:............................. V:............................ T:............................

1/1/89

ItemDisturbance (B11.5)F:............................. V:............................ T:............................

1/1/90

ItemWorks cleaning and clearing (B11.6)F:............................. V:............................ T:............................

1/1/91

ItemVermin (B11.7)F:............................. V:............................ T:............................

1/1/92

ItemOverhand work (B11.8)F:............................. V:............................ T:............................

1/1/93

ItemPre-tender information (B12.1)F:............................. V:............................ T:............................

1/1/94

Schedule of variables (B12)

12.1.1 Provisional bills of quantities (B2.2)The quantities are provisional: Yes

12.1.2 Availability of construction documentation (B2.3)Construction documentation is complete: Yes

12.1.3 Interest of agents (B2.4)

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

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

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

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12.1.4 Defined works area (B3.1)

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

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

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

12.1.5 Geotechnical investigation (B3.2)

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

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

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

12.1.6 Existing premises occupied (B3.4)

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

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

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

12.1.7 Services - known (B3.7)

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

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

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

12.1.8 Protection of trees (B3.9)

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

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

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

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12.1.9 Inspection of adjoining properties (B3.11)

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

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

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

12.1.10 Enclosure of the works (B6.2)

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

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

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

12.1.11 Offices (B6.4.3)

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

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

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

12.1.12 Main notice board (B6.5)

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

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

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

12.1.13 Subcontractors notice board (B6.6)A notice board is required: Yes

12.1.14 Water (B7.2)Alternative Selected:

12.1.15 Electricity (B7.3)Alternative selected:

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12.1.16 Telecommunications (B7.4)Alternative selected:

12.1.17 Ablution facilities (B7.5)Alternative selected:

12.1.8 Special attendance (B9.2)

Subcontractor (1) details:

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

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

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

12.1.19 Protection of the works (B11.1)

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

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

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

12.1.20 Protection of existing/sectionally occupied works (B11.2)Protection is required: Yes

12.1.21 Disturbance (B11.5)

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

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

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

ItemPost tender information (B12.2)F:............................. V:............................ T:............................

1/1/95

12.2.1 Payment of preliminariesAlternative selected:

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12.2.2 Adjustment of preliminariesAlternative selected:

12.2.3 Additional agreed preliminaries items................................................................

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

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

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Any special items to meet the particular circumstances of a specific project areembodied in this section. Where required for an aspect of the works to beexecuted according to a design by a consulting engineer, a recital of theheadings to the individual clauses of the JBCC Engineering General Conditionsare included

SECTION C: SPECIFIC PRELIMINARIES

ItemContract Price Adjustment Provision1/1/96

This is a fixed Contract and therefore not subject to escalation (CPAP)

Contract Period

Two (2) Months including Builder's holidays

ItemProprietary branded products1/1/97

The contractor shall take delivery of, handle, store, use, apply and/or fix all proprietary branded products in strict accordance with the manufacturers' instructions after consultation with the manufacturer's authorised representative

ItemOvertime1/1/98

Should overtime be required to be worked for any reason whatsoever, the costs of such overtime are to be borne by the contractor unless the Project Manager has specifically authorised in writting, prior to the execution thereof, that costs for such overtime are to be borne by the employer

ItemAs built drawings1/1/99

The position of construction breaks and the extent of individual concrete pours are to be recorded by the contractor on the structural engineer's drawings and are to be submitted to the Project Manager and the structural engineer for their records

ItemSite instructions1/1/100

Contract instructions issued on site are to be recorded in triplicate in a site instruction book which is to be maintained on site by the contractor

ItemContractor's report1/1/101

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At every monthly site meeting the contractor shall provide the Project Manager with a written report reflecting :1. The number and description of tradesmen and labourers employed by him andall sub - contractors on the works each day2. The number, type and capacity of all plant, excluding hand tools, currently on use on the works3. A detailed building programme including the estimated and actual progress of the works

ItemWages1/1/102

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BILL No. 1

ALTERATIONS

SUPPLEMENTARY PREAMBLES

Before submitting his tender the contractor shall visit thesite and satisfy himself as to the nature and extent ofthe work to be done and the value of the materialscontained in the buildings or portions of the buildings tobe demolished. No claim for any variations of thecontract sum in respect of the nature and extent of thework or of inferior or damaged materials will beentertained

View Site

No explosives whatsoever may be used for demolitionpurposes unless otherwise stated

Explosives

The contractor shall carry out the whole of the workswith as little mess and noise as possible and with aminimum of disturbance to adjoining premises and theirtenants. He shall provide proper protection and provide,erect and remove when directed, any temporarytarpaulins that may be necessary during the progress ofthe works, all to the satisfaction of the principal agent.

Water supply pipes and other piping that may beencountered and found necessary to disconnect or cut,shall be effectually stopped off or grubbed up andremoved, and any new connections that may benecessary shall be made with proper fittings, to thesatisfaction of the principal agent.

Doors, fanlights, fittings, frames, linings, etc which are tobe re-used shall be thoroughly overhauled beforerefixing including taking off, easing and rehanging,cramping up, re-wedging as required and making goodcramps, dowels, etc, and easing, oiling, adjusting andrepairing ironmongery as necessary, replacing any glassdamaged in removal or subsequently and stopping up

General

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ALTERATIONSBill No. 1MAINTENANCE WORKSection No. 2


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damaged in removal or subsequently and stopping upall nail and screw holes with tinted plastic wood tomatch timber, unless otherwise described. Re-paintingor re-varnishing is given separately

Prices for taking out of doors, windows, etc shall includefor removal of all beads, architraves, ironmongery, etc

Prices for taking out and removing doors and framesshall include for removing door stops, cabin hooks, etcand making good floor and wall finishes to matchexisting

With regard to building up of openings in existing walls,cement screeds and pavings, granolithic, tops of walls,etc, shall be levelled and prepared for raising ofbrickwork

Making good of finishes shall include making good ofthe brick and concrete surfaces onto which the newfinishes are applied, where necessary

The contractor will be required to take all dimensionsaffecting the existing buildings on the site and he will beheld solely responsible for the accuracy of all suchdimensions where used in the manufacture of new items(doors, windows, fittings, etc)

REPAIRS OF EXISTING WORK

ItemRepair wall cracks where necessary2/1/1

Repair to wall cracks

ItemRepair floor cracks where necessary2/1/2

Repair to floor cracks

REMOVAL OF EXISTING WORK

112m2Remove floor carpets and dump offsite2/1/3

Remove carpets on floor surfaces, etc

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BILL No. 2

NOTE : Tenderers are advised to study the "Specification of Materials and Methods to be used" (OOG-001E) before pricing this bill

IRONMONGERY

NOTE : Unless otherwise stated all items in this bill shall be deemed to fall into Work Group No. 132 for Haylett Formula purposes

NOTE : Where ironmongery is referred to by a trade name or catalogue number, it may be replaced by another product of equal quality with the prior approval of the Representative/Agent

NOTE : Where ironmongery is described as plugged, prices are to include for screwing to and including approved patent plugs in concrete or brickwork with plaster or tiled finish ---------------

THE FOLLOWING IRONMONGERY FIXED TO DOORS, ETC

1No75mm Four lever upright rebated mortice lockset with satin chrome furniture

2/2/1

SUNDRIES

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IRONMONGERYBill No. 2MAINTENANCE WORKSection No. 2



143

AmountItemNo

Quantity Rate

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BILL No. 3

TILING

CERAMIC TILES

FLOOR TILING

112m2Floor tiles2/3/1

300 x 300 ceramic tfloor tile, colour to be approved by client. Movement joints as per the Engineer's specification

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144

AmountItemNo

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BILL No. 4

ELECTRICAL WORK

Light fittings

3NoReplace 1200 Recessed Flourescent 2x36W LBR 2/4/1

Rates for light fittings are to include for hanging, fixing andconnecting and for lamp holders and fluorescent tubes andlamps of the type and wattage described

MECHANICAL WORK

Air Conditioning System

4NoBTU 12000 Air conditioning system2/4/2

Complete air conditioning system with mechanism

1NoReplace / Service 3M security system2/4/3

Books detector system

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ELECTRICAL AND MECHANICAL WORKBill No. 4MAINTENANCE WORKSection No. 2



145

AmountItemNo

Quantity Rate

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BILL No. 5

GLAZING

GLAZING TO ALUMINUM WINDOWS AND DOORS

2m26mm Clear float glass in squares exceeding 0,1 and not exceeding 0,5m2 in area

2/5/1

Glass in aluminum fixed with putty

2NoReplacement of safety glass at entrance door 1m x 1,2m high

2/5/2

MIRRORS

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146

AmountItemNo

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BILL No. 6

PAINTWORK

PAINTWORK, ETC TO PREVIOUSLY PAINTEDWORK

ON INTERNAL FLOATED PLASTER SURFACES

157m2Walls2/6/1

One coat superior quality acrylic emulsion paint for interiorand exterior use, on work in sound condition

112m2

Paint one coat alkaline resistant undercoat primer, oneuniversal undercoat and two coats “Plascon”Professional Superior Low Sheen (PEM 1000) paint orDulux Luxurious Silk (D22) acrylic paint.

2/6/2

Paint to Ceilings

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MAINTENANCE WORK

SECTION SUMMARY - MAINTENANCE WORK

BillNo

PageNo

Amount

Section No. 2

22ALTERATIONS2/1

23IRONMONGERY2/2

24TILING2/3

25ELECTRICAL AND MECHANICAL WORK2/4

26GLAZING2/5

27PAINTWORK2/6

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MAINTENANCE WORKSection No. 2



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BILL No. 1

PROVISIONAL SUMS

PROVISIONAL AMOUNTS

25 000.00Item

Provide the sum of R25 000.00 ( Twenty five Thousand rands) for complete repair of the roof leakages, to be used as directed by the principal agent and deducted in whole or in part if not required

3/1/1

ROOF REPAIR

%Allow for profit3/1/2

%Allow for attendance3/1/3

60 000.00Item

Allow the sum R60,000.00 (Sixty thousands rand) (net)for relocation of books during construction and returningon completion of construction to be performed by a firmof Specialist

3/1/4

RELOCATION OF BOOKS



15 000.00Item

Allow the sum R15,000.00 (Fifteen thousands rand)(net) for Electrical connection to guard house to beperformed by a firm of Specialist

3/1/7

REPAIRS TO FAULTY ELECTRICAL WIRING



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PageNo

FINAL SUMMARY

SectionNo

Amount

20PRELIMINARIES1

28MAINTENANCE WORK2

29PROVISIONAL AMOUNTS AND PRIME COSTS3

RSUBTOTAL Excluding Contingencies

%Allow contingency amount of 5% to be used as directed by the Engineer.

CONTINGENCIES

RSUBTOTAL Including Contingencies

RAdd VAT at 14%

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SELWANE LIBRARY

BOQ

151

AmountItemNo

Quantity

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BILL No. 1


PRELIMINARIES NOTES






-------------------------

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1/1/1

Definitions (A1)


1/1/2



1/1/3



1/1/4


1/1/5


1/1/6


1/1/7


1/1/8


1/1/9

Item


F:............................. V:............................ T:............................

1/1/10


1/1/11


1/1/12

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Item


F:............................. V:............................ T:............................

1/1/13


1/1/14


1/1/15

Execution (A15-A23)


1/1/16


1/1/17


1/1/18


1/1/19


1/1/20


1/1/21

Item


F:............................. V:............................ T:............................

1/1/22

Item


F:............................. V:............................ T:............................

1/1/23


1/1/24


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1/1/25


1/1/26


1/1/27


1/1/28


1/1/29


1/1/30


1/1/31

Payment (A31 - A35)


1/1/32


1/1/33


1/1/34

Item


F:............................. V:............................ T:............................

1/1/35


1/1/36



1/1/37

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1/1/38


1/1/39

Item


F:............................. V:............................ T:............................

1/1/40

Dispute (A40)



THE SCHEDULE

Item


F:............................. V:............................ T:............................

1/1/41



IDT Building No.1

Polokwane, 0700


Tel: +27(0) 15 295 0000 Fax: +27(0)15 295 6559


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Tel +27(0) 15 101 0621Fax +27(0) 86 724 2948





Tel +27(0) 15 101 0621Fax +27(0) 86 724 2948



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

Postal address:

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

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

Code ..........................

Tel ........................................

Fax ........................................

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


Maintenance of Seloane Library


41.2.2 Site Description: The site is situated within the territory of Ba-Phalaborwa Local Municipality


Maintenance of Seloane Library




............................ working days

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



Section 1......................................... Date






41.3 INSURANCES





41.4 DOCUMENTS



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

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

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

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

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1/1/42



1/1/43

Documents (B2)


1/1/44

Item


F:............................. V:............................ T:............................

1/1/45


1/1/46


1/1/47


1/1/48


1/1/49

The site (B3)


1/1/50


1/1/51



1/1/52

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1/1/53


1/1/54


1/1/55


1/1/56


1/1/57


1/1/58


1/1/59


1/1/60



1/1/61


1/1/62


1/1/63


1/1/64



1/1/65

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1/1/66


1/1/67



1/1/68


1/1/69


1/1/70


1/1/71


1/1/72


1/1/73


Item


F:............................. V:............................ T:............................

1/1/74

Item


F:............................. V:............................ T:............................

1/1/75

Item


F:............................. V:............................ T:............................

1/1/76

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Item


F:............................. V:............................ T:............................

1/1/77


1/1/78



1/1/79



1/1/80


1/1/81



Item


F:............................. V:............................ T:............................

1/1/82


1/1/83


1/1/84


1/1/85


1/1/86

General (B11)

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1/1/87


1/1/88


1/1/89


1/1/90


1/1/91

ItemVermin (B11.7)F:............................. V:............................ T:............................

1/1/92


1/1/93


1/1/94





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

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

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

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1/1/95


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Contract Period




ItemOvertime1/1/98







-19-



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Library Maintanance



ItemWages1/1/102

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171

AmountItemNo

Quantity Rate

Seloane Library

Library Maintanance


BILL No. 1

ALTERATIONS



View Site


Explosives




General

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REPAIRS OF EXISTING WORK



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AmountItemNo

Quantity Rate

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Library Maintanance


BILL No. 2


IRONMONGERY





2No38mm diameter black rubber door stop plugged and screwed to wall or floor

2/2/1

SUNDRIES

1NoLockable heavy duty chromium plated toilet roll holder with wooden roll plugged and screwed to wall

2/2/2


2/2/3

1NoReplace kitchen paper towelroll holder 2/2/4

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174

AmountItemNo

Quantity Rate

Seloane Library

Library Maintanance


BILL No. 3

TILING

CERAMIC TILES

WALL TILING

4m2On walls2/3/1

250 x 500mm polisehd porcelain wall tiles fully vitrified, colour to be approved by the client (eg. oatmeal, beige, champagne , sand and camel, etc), allow for 100mm mosaic sheet as dado rail. Walls minimum 10mm smooth cement plaster on brickwalls: One coat primer and two coats of Plason super acrylic polvin paint (colour to be approved by the client) or similar on paint ready surfaces.

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175

AmountItemNo

Quantity Rate

Seloane Library

Library Maintanance


BILL No. 4

PLUMBING

SANITARY FITTINGS

1No

Low level WC suite comprising white vitreous china pan with S-trap, 9 litre matching cistern complete with lid, fitments, handle and heavy duty white plastic double flap seat with chromium plated accessories.

2/4/1

Sanitary fittings, including fixing in position:

1NoReplace sink mixer2/4/2

Taps, Valves, etc, including joints to steel pipes and/or fittings unless otherwise described:

1No

Replace toilet water cistern, 9 litre matching cistern complete with lid, fitments, handle and heavy duty white plastic double flap seat with chromium plated accessories.

2/4/3

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PLUMBING AND DRAINAGEBill No. 4MAINTENANCE WORKSection No. 2



176

AmountItemNo

Quantity Rate

Seloane Library

Library Maintanance


BILL No. 5

ELECTRICAL WORK

Light fittings



1NoReplace 600 Recessed Fluorescent 2x36W LBR 2/5/2

8NoReplace wall mounted lightings2/5/3

2NoReplace outside Spotlights with sensor2/5/4

2NoClean downlighter from dirt and flies2/5/5

1NoReplace ceiling mounted fan2/5/6

MECHANICAL WORK


2NoBTU 12000 Air conditioning system2/5/7


1NoReplace / Service 3M security system2/5/8

Books detector system

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177

AmountItemNo

Quantity Rate

Seloane Library

Library Maintanance


BILL No. 6

GLAZING

GLAZING TO ALUMINUM WINDOWS AND DOORS

2m26mm Clear float glass in squares exceeding 0,1 and not exceeding 0,5m2 in area

2/6/1

Glass in aluminum fixed with putty

2NoReplacement of safety glass at entrance door 1m x 1,2m high

2/6/2

MIRRORS

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178

AmountItemNo

Quantity Rate

Seloane Library

Library Maintanance


BILL No. 7

PAINTWORK

PAINTWORK, ETC TO PREVIOUSLY PAINTEDWORK


312m2Walls2/7/1

One coat superior quality acrylic emulsion paint for interiorand exterior use, on work in sound condition

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Library Maintanance


MAINTENANCE WORK


BillNo

PageNo

Amount

Section No. 2

22ALTERATIONS2/1

23IRONMONGERY2/2

24TILING2/3

25PLUMBING AND DRAINAGE2/4


27GLAZING2/6

28PAINTWORK2/7

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180

AmountItemNo

Quantity Rate

Seloane Library

Library Maintanance


BILL No. 1

PROVISIONAL SUMS

PROVISIONAL AMOUNTS

30 000.00Item

Provide the sum of R30 000.00 ( ThirtyThousand rands) for complete repair of the roof leakages, to be used as directed by the principal agent and deducted in whole or in part if not required

3/1/1

ROOF REPAIR



215 000.00Item

Allow the sum R215,000.00 (Two Hundred and Fifteenthousands rand) (net) for Borehole sighting, installationand commissioning complete with 10 000L on 10m highstand; including all necessary pipe work and valves tobe performed by a firm of Specialist

3/1/4

BOREHOLE



12 000.00Item

Provide the sum of R12 000.00 (Twelve Thousand rands) for complete repair of the powerskirting, to be used as directed by the principal agent and deducted in whole or in part if not required

3/1/7

REPAIR ON POWERSKIRTING



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PageNo

FINAL SUMMARY

SectionNo

Amount

20PRELIMINARIES1

29MAINTENANCE WORK2



%Allow contingency amount of 5% to be used as directed by the Engineer.

CONTINGENCIES


RAdd VAT at 14%

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182

SHILUVANE LIBRARY

BOQ

183

AmountItemNo

Quantity

Shiluvane Library

Library Maintenance


BILL No. 1


PRELIMINARIES NOTES






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1/1/1

Definitions (A1)


1/1/2



1/1/3



1/1/4


1/1/5


1/1/6


1/1/7


1/1/8


1/1/9

Item


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1/1/10


1/1/11


1/1/12

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F:............................. V:............................ T:............................

1/1/13


1/1/14


1/1/15

Execution (A15-A23)


1/1/16


1/1/17


1/1/18


1/1/19


1/1/20


1/1/21

Item


F:............................. V:............................ T:............................

1/1/22

Item


F:............................. V:............................ T:............................

1/1/23


1/1/24


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1/1/25


1/1/26


1/1/27


1/1/28


1/1/29


1/1/30


1/1/31

Payment (A31 - A35)


1/1/32


1/1/33


1/1/34

Item


F:............................. V:............................ T:............................

1/1/35


1/1/36



1/1/37

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1/1/38


1/1/39

Item


F:............................. V:............................ T:............................

1/1/40

Dispute (A40)



THE SCHEDULE

Item


F:............................. V:............................ T:............................

1/1/41



IDT Building No.1

Polokwane, 0700


Tel: +27(0) 15 295 0000 Fax: +27(0)15 295 6559


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Tel +27(0) 15 101 0621Fax +27(0) 86 724 2948





Tel +27(0) 15 101 0621Fax +27(0) 86 724 2948



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

Postal address:

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

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

Code ..........................

Tel ........................................

Fax ........................................

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


Maintenance of Shiluvane Library


41.2.2 Site Description: The site is situated within the territory of Greater Tzaneen Local Municipality


Maintenance of Shiluvane Library




............................ working days

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



Section 1......................................... Date






41.3 INSURANCES





41.4 DOCUMENTS



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1/1/43

Documents (B2)


1/1/44

Item


F:............................. V:............................ T:............................

1/1/45


1/1/46


1/1/47


1/1/48


1/1/49

The site (B3)


1/1/50


1/1/51



1/1/52

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1/1/53


1/1/54


1/1/55


1/1/56


1/1/57


1/1/58


1/1/59


1/1/60



1/1/61


1/1/62


1/1/63


1/1/64



1/1/65

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1/1/66


1/1/67



1/1/68


1/1/69


1/1/70


1/1/71


1/1/72


1/1/73


Item


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1/1/74

Item


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1/1/75

Item


F:............................. V:............................ T:............................

1/1/76

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Item


F:............................. V:............................ T:............................

1/1/77


1/1/78



1/1/79



1/1/80


1/1/81



Item


F:............................. V:............................ T:............................

1/1/82


1/1/83


1/1/84


1/1/85


1/1/86

General (B11)

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1/1/87


1/1/88


1/1/89


1/1/90


1/1/91

ItemVermin (B11.7)F:............................. V:............................ T:............................

1/1/92


1/1/93


1/1/94





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12.1.11 Offices (B6.4.3)

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1/1/95


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Library Maintenance




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

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Carried Forward R

201

Brought Forward R

Shiluvane Library

Library Maintenance






Contract Period




ItemOvertime1/1/98







-19-



Carried Forward R

202

Brought Forward R

Shiluvane Library

Library Maintenance



ItemWages1/1/102

-20-




203

AmountItemNo

Quantity Rate

Shiluvane Library

Library Maintenance


BILL No. 1

ALTERATIONS



View Site


Explosives




General

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REMOVAL OF EXISTING WORK

75m2Ceilings boards, including cornices, timberbrandering, etc

2/1/1

Taking down and removing roofs, floors, panelling, ceilings, partitions, etc

2NoTake out and remove damaged timber double door and dump offsite, etc

2/1/2



REPAIR TO PAVING

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90m280mm Grey interlocking pavements, etc2/1/4

Taking out, recompact and re-lay disintegrating pavements, etc

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206

AmountItemNo

Quantity Rate

Shiluvane Library

Library Maintenance


BILL No. 2

CARPENTRY AND JOINERY

TIMBER DOOR PANELS

DOORS:

2No40 x 1600 x 2 032mm Door to double door.2/2/1

Solid flush panel doors with Sapele veneer both sides and two matching concealed vertical edge strips:

-24-

CARPENTRY AND JOINERYBill No. 2MAINTENANCE WORKSection No. 2



207

AmountItemNo

Quantity Rate

Shiluvane Library

Library Maintenance


BILL No. 3

NOTE : Tenderers are advised to study the "Specification of Materials and Methods to be used"

CEILINGS, PARTITIONS AND ACCESS FLOORING

CEILINGS

DROP-IN CEILINGS

45m21200 x 600mm OWA Constellation ceiling board including framing for support

2/3/1

OWA Constellation drop-in ceilings complete the hanging frame and strips

51mLSM25 plaster trim / Shadowline2/3/2

Plaster trim

INSULATION

75m2Aerolite insulation2/3/3

Insulation fitted between roof trusses and roof sheeting

-25-

CEILINGS, PARTITIONS & ACCESS FLOORINGBill No. 3MAINTENANCE WORKSection No. 2



208

AmountItemNo

Quantity Rate

Shiluvane Library

Library Maintenance


BILL No. 4


IRONMONGERY





4No38mm diameter black rubber door stop plugged and screwed to wall or floor

2/4/1

SUNDRIES


2/4/2

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209

AmountItemNo

Quantity Rate

Shiluvane Library

Library Maintenance


BILL No. 5

METALWORK

2No

Security door to suit 1600 x 2032mm double door and frame 1100 x 2100mm high of 25 x 25 x 2mm hollow section frame and 25 x 25mm hollow section horizontal middle rail filled with a pair of suitable hinges welded to frame and with padlock all in and including outer frame of 25 x 25mm hollow section welded frame bolted including painting to the door

2/5/1

SECURITY SCREENS, GATES, ETC.

-27-

METALWORKBill No. 5MAINTENANCE WORKSection No. 2



210

AmountItemNo

Quantity Rate

Shiluvane Library

Library Maintenance


BILL No. 6

TILING

CERAMIC TILES

WALL TILING

5m2On walls2/6/1

250 x 500mm polisehd porcelain wall tiles fully vitrified, colour to be approved by the client (eg. oatmeal, beige, champagne , sand and camel, etc), allow for 100mm mosaic sheet as dado rail. Walls minimum 10mm smooth cement plaster on brickwalls: One coat primer and two coats of Plason super acrylic polvin paint (colour to be approved by the client) or similar on paint ready surfaces.

FLOOR TILING

75m2Floor tiles2/6/2

300 x 300 ceramic tfloor tile, colour to be approved by client. Movement joints as per the Engineer's specification

-28-




211

AmountItemNo

Quantity Rate

Shiluvane Library

Library Maintenance


BILL No. 7

PLUMBING

SANITARY FITTINGS

2No

Low level WC suite comprising white vitreous china pan with S-trap, 9 litre matching cistern complete with lid, fitments, handle and heavy duty white plastic double flap seat with chromium plated accessories.

2/7/1

Sanitary fittings, including fixing in position:

2No

Replace toilet water cistern, 9 litre matching cistern complete with lid, fitments, handle and heavy duty white plastic double flap seat with chromium plated accessories.

2/7/2

Taps, Valves, etc, including joints to steel pipes and/or fittings unless otherwise described:

-29-

PLUMBING AND DRAINAGEBill No. 7MAINTENANCE WORKSection No. 2



212

AmountItemNo

Quantity Rate

Shiluvane Library

Library Maintenance


BILL No. 8

ELECTRICAL WORK

Light fittings



MECHANICAL WORK


6No

BTU 12000 Air conditioning system including all necessary pipework and electrical power supply to the unit

2/8/2


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213

AmountItemNo

Quantity Rate

Shiluvane Library

Library Maintenance


BILL No. 9

GLAZING

3m24 mm Clear float glass in panes exceeding 0,5 and not exceeding 2,0 m2.

2/9/1

Glazing to window frames with beads (measured elsewhere):

4No6mm Float glass multiple silvered floated glass copper mirror size 800 x 400mm

2/9/2

MIRRORS

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214

AmountItemNo

Quantity Rate

Shiluvane Library

Library Maintenance


BILL No. 10

PAINTWORK

PAINTWORK, ETC TO PREVIOUSLY PAINTED WORK


360m2Walls2/10/1

One coat superior quality acrylic emulsion paint for interior and exterior use, on work in sound condition

PAINT ON METAL:

40m2Burglar doors and window2/10/2

Prepare, touch up factory primer, paint one undercoat and one coat high gloss enamel paint:

WOOD SURFACES WITH

12m2Wood prime + UC + enamel Paint on door surfaces2/10/3

One coat oil wood primer, one coat universal undercoat and two coats super universal enamel paint on

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215

Shiluvane Library

Library Maintenance


MAINTENANCE WORK


BillNo

PageNo

Amount

Section No. 2

23ALTERATIONS2/1

24CARPENTRY AND JOINERY2/2

25CEILINGS, PARTITIONS & ACCESS FLOORING2/3

26IRONMONGERY2/4

27METALWORK2/5

28TILING2/6

29PLUMBING AND DRAINAGE2/7


31GLAZING2/9

32PAINTWORK2/10

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216

AmountItemNo

Quantity Rate

Shiluvane Library

Library Maintenance


BILL No. 1

PROVISIONAL SUMS

PROVISIONAL AMOUNTS

20 000.00Item

Provide the sum of R20 000.00 ( Twenty-five Thousand rands) for complete repair of the roof leakages, to be used as directed by the principal agent and deducted in whole or in part if not required

3/1/1

ROOF REPAIR AND WATERPROOFING



40 000.00Item

Provide the sum of R40 000.00 (Fourty Thousand rands) for complete carports, to be used as directed by the principal agent and deducted in whole or in part if not required

3/1/4

CARPORTS



10 000.00Item

Allow the sum R10,000.00 (Ten thousands rand) (net)for Wendy house including delivery to site to beperformed by a firm of Specialist

3/1/7

SECURITY GUARD HOUSE



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5 000.00Item

Allow the sum R5,000.00 (Five thousands rand) (net) forrepair and fixing drainage pipes including delivery to siteto be performed by a firm of Specialist

3/1/10

REPAIR AND FIXING OF DRAINAGE PIPES



5 000.00Item

Allow the sum R5,000.00 (Five thousands rand) (net) forElectrical Distribution Board Re-wiring to be performedby a firm of Specialist

3/1/13

RE-WIRING OF ELECTRICAL DISTRIBUTION BOARD



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218

Shiluvane Library

Library Maintenance


PageNo

FINAL SUMMARY

SectionNo

Amount

20PRELIMINARIES1

33MAINTENANCE WORK2



%

Allow contingency amount of 5% to be used as directed by the Engineer.

CONTINGENCIES


RAdd VAT at 14%

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219

CARRIED TO TENDER OFFER

SUMMARY PAGE

220

Bid No. RFQ-IDT/DSAC/MINT01-2017/18

DESCRIPTION AMOUNT (INCL. VAT)

1. GRAVELOTTE LIBRARY

2. SELWANE LIBRARY

3. SHILUVANE LIBRARY

CARRIED TO TENDER OFFER – TOTAL

221

SINDEPENDENT DEVELOPMENT TRUST



C3 Scope of Work

1 DESCRIPTION OF THE WORKS 1.1 Employer’s objectives The employer’s objective is to provide:

MAINTENANCE OF COMMUNITY LIBRARIES 1.2 Overview of the works As per advert 1.3 Extent of the works The works includes the MAINTENANCE OF COMMUNITY LIBRARIES as well as related services, as will be indicated on the drawings and in accordance with the specifications provided to the contractor

1.4 Location of the works The designated site to be shown to the contractor is as per advert

Temporary works There are no temporary works involved on this project 2 DRAWINGS The drawings used for setting up the Bills of Quantities are attached at the back of this tender document.

Architectural drawings Three (3) sets to be provided to the successful tenderer at site hand over

3 PROCUREMENT 3.1 Preferential procurement procedures The works shall be executed in accordance with the conditions attached to preferences granted in accordance with the preferencing schedule.

222

3.1.1 Requirements for the sourcing and engagement of labour.

3.1.1.1 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.

3.1.1.2 The rate of pay set for this project is as follows:

Description Daily wage for 8 hour work day

Unskilled labour R 130-00

Semi-skilled labour R 150-00

Skilled labour R 170-00

Supervisor R 200-00

3.1.1.3 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.

3.1.1.4 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 3.1.1.3.

3.1.1.5 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

3.1.1.6 The Contractor shall endeavor to ensure that the expenditure on the employment of temporary workers is in the following proportions:

a) 25 % women;

b) 50% youth who are between the ages of 18 and 25; and

c) 2% on persons with disabilities.

3.1.2 Specific provisions pertaining to SANS 1914-5

3.1.2.1 Definitions

3.1.2.1.1 Targeted labour: Unemployed persons who are employed as local labour on the project.

3.1.2.2 Contract Participation Goal

3.1.2.2.1 The minimum Contract Participation Goal applicable to the Contract is (NOT COMPULSORY)

3.1.2.2.2 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. The Person / days will be calculated in accordance with Addendum F: Contract Person / Days Calculation Format.

223

3.1.2.3 Terms and conditions for the engagement of targeted labour

3.1.2.3.1 Further to the provisions of clause 3.3.2 of SANS 1914-5, written contracts to be signed between the Contractor and workers will be in accordance with the pro-forma contract, attached as Addendum D.

3.1.2.3.2 Further to the provisions of clause 5.2 of SANS 1914-5, the Contractor will use the pro-forma attendance register, attached as Addendum E, to record the required information as per said clause.

3.1.2.4 Variations to the SANS 1914-5

None

3.1.2.5 Training of targeted labour

3.1.2.5.1 The Employer will appoint a service provider that will provide training to the workers. The Contractor need not to provide for payment of said service provider.

3.1.2.5.2 Workers will receive 2 days training per every 22 working days for the duration of the Contract.

3.1.2.5.3 An allowance equal to 100% of the task rate or daily rate shall be paid by the Contractor to workers who attend training, in terms of 3.1.2.5.

3.1.2.5.4 Records pertaining to the attendance, progress and performance of trainees will be kept by the Contractor and made available to the Employer monthly. These records shall be attached to the monthly progress payment certificates to the Employer.

3.1.2.5.5 The Contractor shall do nothing to dissuade targeted labour from participating in training programmes.

3.2 Subcontracting

3.2.1 Scope of mandatory subcontract work

As per the mandatory sub-contracting clause, the Contractor must not sub-contract more than 40% of work to Domestic Sub-contractors.

The Contractor shall without delay enter into contracts with the Domestic Subcontractors as submitted on the returnable schedule and forward a copy of these agreements to the Principal Agent. The Contractor shall remain responsible for providing the subcontracted portion of the works as if the work had not been subcontracted.

The Contractor to take note of item 3.2.2 below.

3.2.2 Preferred subcontractors / suppliers (NOT COMPULSORY)

3.2.3 Subcontracting procedures

See items 3.2.1 and 3.2.2 as well as tender data

3.2.4 Attendance on subcontractors

Attendance to Domestic Sub-contractors as stated above should be priced under the relevant items in the Preliminaries section of the bills of quantities. Attendance to nominated sub-contractors should be priced under the relevant items in the Provisional Sums section of the bills of quantities.

224

4. MANAGEMENT 4.1 Recording of weather The Contractor shall erect an effective rainfall gauge on the site and record the daily rainfall figures in a book. Such book shall be handed to the employer’s representative for his signature no later than 12 days after rain that is considered to justify an extension of time occurs. 4.2 Unauthorized persons The Contractor shall keep unauthorized persons from the works at all times. Under no circumstances may any person except guards be allowed to sleep on the building site. 4.3 Management meetings The Employer’s Representative and the Contractor shall hold meetings relating to the progress of the works at regular intervals and at other such times as may be necessary. The Contractor shall attend all site meetings and shall ensure that all persons under his jurisdiction are notified timeously of all site meetings should the Employer’s Representative require their attendance at such meetings.

The Contractor shall keep on site a set of minutes of all site meetings, daily records of resources (people and equipment employed), a site instruction book, a complete set of contract working drawings and a copy of the procurement document and make these available at all reasonable times to all persons concerned with the contract.

4.4 Forms for contract administration The Contractor shall be required to submit an updated contractor monthly report during site meetings, which will be used by the consultant to update the client.

4.5 Payment certificates The Contractor to ensure that the VAT invoice required with each certificate is delivered timeously. The date of the certificate will be that of the date when the certificate is received by the consultant. The Contractor to ensure timeous submission of all required documentation for the expedient processing of payment certificates, as required by the client, eg BAS entity forms, company registration details, VAT clearance certificates, etc. The Contractor is responsible for such documentation submission.

4.6 Addenda 4.6.1 Occupational Health and Safety Regulations (ADDENDUM A) 4.6.2 Standard Occupational Health and Safety Specification (ADDENDUM B) 4.6.3 Environmental Management Plan (ADDENDUM C) (will be made available to the successful bidder) 4.6.4 Pro-forma contract between Contractor and Worker (ADDENDUM D) 4.6.5 Pro-forma Attendance Register (ADDENDUM E) 4.6.6 Contract Person / Days Calculation Format (ADDENDUM F) 4.6.7 Contractor monthly report format (see 4.4 above) also available in electronic format (ADDENDUM G) 4.6.8 Guidelines for the implementation of labour-intensive infrastructure projects under the Expanded Public Works

Programme (ADDENDUM H) (available on the following website www.epwp.gov.za) 4.6.9 Drawings (ADDENDUM I) 4.6.10 IDT Addendum to the JBCC (ADDENDUM J)

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http://www.epwp.gov.za/

Contract C4 Part 4: Site information Site information BID No. RFQ-IDT/DSAC/MAINT02-2017/18



C4 Site Information

See attached site development plan.

226

Contract Addendum A Occupational Health and Safety Regulations

BID No. RFQ-IDT/DSAC/MAINT02-2017/18

ADDENDUM A

ADDENDUM A

Occupational Health and Safety Regulations

227



GOVERNMENT NOTICE

DEPARTMENT OF LABOUR

No. R. .................. 7 February 2014

OCCUPATIONAL HEALTH AND SAFETY ACT, 1993

CONSTRUCTION REGULATIONS, 2014

The Minister of Labour has under section 43 of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), after consultation with the Advisory Council for Occupational Health and Safety, made the regulations in the Schedule.

228



ADDENDUM A

OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 Regulation 3 of the Construction Regulations, 2014 NOTIFICATION OF CONSTRUCTION WORK

1.(a) Name and postal address of principal contractor:

_____________________________________________________________________

(b) Name and tel. no of principal contractor’s contact person:

_____________________________________________________________________

2. Principal contractor’s compensation registration number: ___________________________

3.(a) Name and postal address of client:

_____________________________________________________________________

(b) Name and tel no of client’s contact person or agent:

_______________________________________________________________

4.(a) Name and postal address of designer(s) for the project:

_____________________________________________________________________

(b) Name and tel. no of designer(s) contact person:

_________________________________________________________

5. Name and telephone number of principal contractor’s construction supervisor on site appointed in terms of

regulation 6.(1). ____________________________________________________________

6. Name/s of principal contractor’s sub-ordinate supervisors on site appointed in terms of regulation 6.(2).

______________________________________________________________________

7. Exact physical address of the construction site or site office:

_____________________________________________________________________

8. Nature of the construction work:

______________________________________________________________

______________________________________________________________

______________________________________________________________

9. Expected commencement date: _______________________

10. Expected completion date: ___________________________

11. Estimated maximum number of persons on the construction site.

_____________________

12. Planned number of contractors on the construction site accountable to principal contractor:

______________________

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13. Name(s) of contractors already chosen.

________________________________________________________________

________________________________________________________________

________________________________________________________________

__________________________ _________________________ Principal Contractor Date __________________________ _________________________ Client Date

THIS DOCUMENT IS TO BE FORWARDED TO THE OFFICE OF THE DEPARTMENT OF LABOUR PRIOR TO COMMENCEMENT OF WORK ON SITE.

ALL PRINCIPAL CONTRACTORS THAT QUALIFY TO NOTIFY MUST DO SO EVEN IF ANOTHER

PRINCIPAL CONTRACTOR ON THE SAME SITE HAD DONE SO PRIOR TO THE COMMENCEMENT OF WORK.

230

Contract Addendum B Occupational Health and Safety Specification


Addendum B

ADDENDUM B

Occupational Health and Safety Specification

231



PROJECT NAME: MAINTENANCE OF COMMUNITY LIBRARIES


INDEPENDENT DEVELOPMENT TRUST (Hereinafter referred to as the Employer)

OCCUPATIONAL HEALTH AND SAFETY SPECIFICATION This specification shall be used in conjunction with all other applicable safety specifications, legislation and regulations in force at the time of the contract. Where unique site specifications are in force, those site specifications shall take precedence over this Specification. IDT Polokwane Office 22 Hans Van Rensburg Street IDT Building No1 POLOKWANE 0699 Contact: Name: Mr Marope Kgorane Telephone: (015) 295-0000

232



ADDENDUM “A”

PRO-FORMA AGREEMENT IN TERMS OF OCCUPATIONAL HEALTH AND SAFETY ACT 1993

PRO-FORMA AGREEMENT IN TERMS OF

OCCUPATIONAL HEALTH AND SAFETY ACT 1993 – SECTION 37 (2) NEW CONSTRUCTION SAFETY REGULATIONS

The above-mentioned regulations were promulgated in the Govt. Gazette on Friday, 18 July 2014 under the Occupational Health & Safety Act (85 of 1993) and are now in force. The Employer and the Contractor hereby agree, in terms of the provisions of Section 37(2) of the Occupational Health and Safety Act 1993 (Act 85 of 1993, hereinafter referred to as the Act), that the following arrangements and procedures shall apply between them to ensure compliance by the Contractor with the provisions of the Act, namely:

(a) The Contractor undertakes to acquaint the appropriate officials and employees of the Contractor with all the relevant provisions of the Act and the regulations promulgated in terms of the Act, and the Employer’s Health and Safety Specifications included in the contract documents.

(b) The Contractor undertakes that all relevant duties, obligations and prohibitions imposed in terms of the Act and Regulations and the Employer’s Health and Safety Specifications included in the contract documents will be complied with in all respects.

(c) In relation to any work or activity performed by the Contractor, his workmen or any other person for whose acts or omissions the Contractor is responsible in terms of the Contract, the Contractor hereby accepts sole liability for such due compliance with the relevant duties, obligations and prohibitions imposed by the Act and Regulations and expressly absolves the Employer from itself being obliged to comply with any of the aforesaid duties, obligations and prohibitions.

(d) The Contractor agrees that any duly authorised 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 set out more fully in paragraphs (a) and (b) above, which steps may include, but will not be limited to, the right to inspect any appropriate site or premises occupied by the Contractor, or to inspect any appropriate records held by the Contractor.

(e) The Contractor shall be obliged to report forthwith in writing to the Representative/Agent full details of 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 Contract.

(f) Forward “safety meeting” minutes to the representative/Agent.

233



For the Employer: __________________________ Date: _____________________ Witnesses: 1) : __________________________ 2) ____________________ For the Contractor: __________________________ Date: ____________________ Witnesses: 1) : __________________________ 2) ____________________

234



ADDENDUM “B”

NOTIFICATION OF CONSTRUCTION WORK

235



NOTIFICATION OF CONSTRUCTION WORK (Regulation 3 of the Construction Regulations, 2014)

1. CONTRACTOR

1.1 Name and postal address of Contractor :

__________________________________________________________________________________________________________________________________________________________________________

1.2 Name and telephone number of Contractor’s contact person :

_________________________________________________________

1.3 Contractor’s compensation registration number :

_________________________________________________________

1.4 Name and telephone number of Contractor’s Construction Supervisor :

_________________________________________________________ 1.5 Physical address of the construction site or site office:

___________________________________________________________________________________________________________________________________________________________________________

1.5 Estimated number of persons on the construction site :

_________________________________________________________

1.6 Estimated number of Subcontractors on the construction site accountable to the Contractor :

_________________________________________________________

2. EMPLOYER

2.1 Name and postal address of Employer :

___________________________________________________________________________________________________________________________________________________________________________

2.2 Name and telephone number of Employer’s Principal Agent:

_________________________________________________________

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3. DESIGN CONSULTANTS

3.1 Name and postal address of design consultants:

3.1.1 Construction project managers/ Principal Agents:

To be appointed at a later stage if necessary _________________________________________

3.1.5 Other (if any) :

_________________________________________________________________________________________________________________________________________________________

3.2 Name and telephone number of design consultant’s contact person :

3.2.1 Construction project managers/ Principal Agent :

AS PER ABOVE 3.1 ______________________ 3.2.2 Architects :

AS PER ABOVE 3.1

3.2.3 Structural engineer :

AS PER ABOVE 3.1 3.2.4 Electrical engineer :

AS PER ABOVE 3.1 3.2.5 Mechanical engineer :

AS PER ABOVE 3.1 3.2.6 Civil engineer :

AS PER ABOVE 3.1 3.2.7 Security engineer :

To be appointed at a later stage if necessary_____________

3.2.8 Other (if any) :

___________________________________________________

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4. THE WORKS

Nature of the works :

Commencement date :

_________________________________________________________

Completion date :

_________________________________________________________

Contractor: _____________________________ Date: _____________________ Employer: ______________________________ Date: _____________________

THIS DOCUMENT IS TO BE FORWARDED TO THE OFFICE OF THE DEPARTMENT OF LABOUR PRIOR TO COMMENCEMENT OF WORK ON SITE. ALL CONTRACTORS THAT QUALIFY TO NOTIFY MUST DO SO EVEN IF ANOTHER CONTRACTOR ON THE SITE HAD DONE SO PRIOR TO THE COMMENCEMENT OF WORK.

238

Contract 113 Addendum C Environmental Management Plan


Addendum C

ADDENDUM C

Environmental Management Plan

TO BE PROVIDED BY THE SUCCESSFUL TENDERER

239

Contract114Addendum E Pro-forma AttendanceRegister


Addendum D

ADDENDUM D

Pro-forma Contract between Contractors and Workers

240

Contract115Addendum E Pro-forma AttendanceRegister


Addendum E

ADDENDUM E

Pro-forma Attendance Register

241

Contract Addendum E Pro-forma AttendanceRegister


Addendum E

A B C D

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0 0 0 0 0 0 0 0 0

CONTRACTOR'S PERSON-DAYS, TRAINING AND ATTENDANCE REGISTER

EXPANDED PUBLIC WORKS PROGRAMME - POVERTY RELIEF PROJECT

PARK : MONTH:

PROJECT: CONTRACTOR:

MA

LE

FE

MA

LE

ATTENDANCE

PE

RS

ON

-DA

YS

TR

AIN

ING

DA

YS

PA

YM

EN

T

(

C x

D)

SIG

NA

TU

RE

NAME

WA

GE

S P

ER

DA

Y

TO

TA

L D

AY

S

(A +

B)

CA

TE

GO

RY

ID NUMBER YO

UT

H

DIS

AB

LE

D

LO

CA

L C

OM

M

TOTALS

CODE CATEGORY

CONTRACTOR SIGNATURE DATEW = WORKING (PAID) SC = SUPERVISOR / CONTRACTOR

I = ABSENT INJURED / SICK SW = SKILLED WORKER

X = ABSENT / SENT HOME (UNPAID) SS = SEMI SKILLED

PROJECT MANAGER SIGNATURE DATET = OFF-SITE TRAINING (PAID 100%) CL = CLERICAL

UL = UNSKILLED LABOURER

242

Contract117Addendum G Contractormonthly report format


ADDENDUM F

ADDENDUM F

Contract Person Days Calculation Format

243

Contract118Addendum G Contractor’ monthly report format


CONTRACT MAN / DAYS CALCULATION FORMAT

You will be allowed to use the following values in order to calculate the minimum Man / day requirements: (In Lieu of the R130-00 minimum labour rate per day as specified)

80% General Labour at R130-00 per day 10% Skilled Labour at R170-00 per day 10% Supervisory Labour at R200-00 per day The Man / days will be calculated as follows:

a) General Labour 80% of Labour value divided by R95-00 per day = Labour Man / days.

b) Skilled Labour

10% of Labour value divided by R150-00 per day = Skilled Man / days.

c) Supervisory Labour

10% of Labour value divided by R180-00 per day = Supervisory Man / days. d) Total Man / days

Total Man / days for the duration of the contract = a + b + c

Addendum G

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ADDENDUM G

Contractor’s monthly report format

245



CONTRACTOR’S MONTHLY REPORT

Part 1

Bid number:

Project name:

Project description:

Contract number:

Name of Contractor:

Payment certificate number:

For month ending:

Date of report:

The Contractor’s monthly report comprises an integral part of the Contractor’s payment certificate and must be submitted together with the payment claim. The payment certificate will not be processed without this signed report, i.e. “NO REPORT – NO PAYMENT”.

Attachments: Part 2: Overall Project Worker Schedule: Schedule of all local labourers employed since the start of the project

Part 3: Weekly Task Wage Register

Part 4: Local Labour Schedule

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Part 2

OVERALL PROJECT WORKER SCHEDULE (local labourers only)

Sheet: ...

Names of all Local Workers employed at any time on the project are to be entered in the table below irrespective of how long they worked on the project.

No.

Name of local worker

Identity number

Month worker started

Age of worker

Age (tick applicable column)

Woman Man

Over 25

years

2A

25 years

& under 2B

Over 25

years

2C

25 years

& under

2D

Totals for this sheet

Totals brought forward from previous sheet

Totals carried forward to next sheet

Total number of workers employed =

Completed by:

................................................... ........................................................... signed initials and surname

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

capacity date

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Part 3

WEEKLY TASK WAGE REGISTER (local labourers only) Sheet: ..

Entries in this portion to be completed by Foreman Entries in this portion to be Completed by Contractor

No.

(i) Name of local worker

Day Tasks Worked Payment

Mon Tue Wed Thu Fri Sat Sun

Total DAY TASKS

worked this week

Rate per DAY TASK

Total payment due to worker

Workers signature on receipt of

payment

Date payment received by

worker

Totals for this sheet

Totals brought forward from previous sheet

Totals carried forward to next sheet

3(A) 3(B) Completed by: ....................................... ..................................... ..................................... ...................................... signed initials and surname capacity date

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Part 4

LOCAL LABOUR SCHEDULE

1. Summary of day tasks worked and amount spent on local labour this month

Week No.

Week Ending

Total Day Tasks / Person Days Worked

Total of 3(A) from Part 3 for each week

Total Amount Paid

Total of 3(B) from Part 3 for each week

1

2

3

4

5

Total this month

2. Summary of amount spent on local labour to date

1. Previous amount spent on local labour (from previous claim) R

2. Amount spent on local labour this month (fromtotalabove) R

3. Total amount spent on local labour to date (3.)=(1.+2.) R

3. Local labour schedule

Summary of Local Labour Employed

Refer to Part 2

Number of local workers who

worked on the project to date

% of Total

1. Total number of individual local workers who have worked on the project 100%

2. Number of local youth (25 yrs and under) (columns B plus D)

3. Number of local women (columns A plus B)

Completed by:

................................................... ............................................................ signed initials and surname

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

capacity date

249

Contract124Addendum H BID No. RFQ-IDT/DSAC/MAINT02-2017/18

Addendum H

250

Contract125Addendum J BID No. RFQ-IDT/DSAC/MAINT02-2017/18

Addendum I

ADDENDUM I

Drawings

251


Addendum J

ADDENDUM J

IDT Addendum to the JBCC

252


ADDENDUM

To the

THE JBCC PRINCIPAL BUILDING

AGREEMENT

NAME OF PROJECT: ---------------------------------------------------------------------------------

---------------------------------------------------------------------------------

---------------------------------------------------------------------------------

---------------------------------------------------------------------------------

253


b) INTRODUCTION

WHEREAS, the Independent Development Trust (“IDT”) made an Offer of Appointment and the Contractor

has accepted such appointment subject to the conditions stipulated in the aforesaid Offer of Appointment

Letter, which conditions include signing of the JBCC Agreement, Edition ………………………. (hereinafter

referred to as“ Main Agreement”).

AND WHEREAS, this addendum shall form part of the Main Agreement between the Employer and the

Contractor.

1. ADDENDUM TO THE MAIN AGREEMENT

1.1 This Agreement will constitute an Addendum to the Main Agreement as

contemplated herein;

1.2 The Terms of Reference, Accepted Proposal or Tender, Standard Conditions of

Tender, Special Conditions of Tender and adjusted Priced Bills of Quantities shall

form part of the agreement between the Contractor and the Employer;

1.3 This Addendum will be deemed to incorporate, with or without variation, all the

provisions of the Main Agreement, unless the context clearly requires otherwise;

1.4 All words and phrases used in this Addendum which are defined in the Main

Agreement, will bear the same meaning assigned to them in the Main Agreement;

and

1.5 All references in the Main Agreement to “the/this Agreement” itself, will be deemed

to be references also to the Main Agreement duly amended by this Addendum.

1.6 Interpretations and Definition

1.6.01 Financial Implications shall means the variation amount over and above

the awarded contract sum.

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2. SPECIAL CONDITION

If there is any conflict between the contents or any part of this Addendum and the contents or any

part of the Main Agreement and other annexures, the content of this Addendum shall prevail.

3. WAIVER OF CONTRACTOR’S LIEN

3.1 The Contractor hereby waives, in favour of the Employer, any lien or right of

retention that is or may be held in respect of the Works to be executed on the Site.

3.2 The Employer, as an Organ of State, shall not be required to provide payment

guarantees.

4. ASSIGNMENT OF RIGHTS OR OBLIGATIONS

4.1 Neither party shall assign or cede rights or obligations without the written consent

of the other party, which consent shall not be unreasonable withheld.

4.2 Where the Contractor intend to cedes any right to monies due or to become due

under this agreement as security in favour of a financial institution, a written

consent in accordance with clause 4.1 above, shall be obtained from the Employer

prior to entering into such cession.

4.3 Any cession entered into without the necessary written consent from the either

party, shall be null and void.

4.4 The Employer shall not consent to a cession of monies due or to become due

under this agreement as security in favour of a financial institution, unless such

financial institution submitted to the IDT a Valid Tax Clearance Certificate, is

registered as a credit provider in terms of the National Credit Act and as a vendor

in the IDT’s Vendor Management System.

255


5 INTERIM PAYMENT

5.1 The Employer shall, in accordance with clause 8.2.3 of the treasury regulation of

March 2005, pay to the Contractor the amount certified in an interim payment

certificate within thirty (30) calendar days of the date of submission of the

payment certificate”.

5.2 Default interest, where applicable, shall only be effective after the 30 calendar days

of the date of receipt of the interim payment certificate from the Principal Agent.

5.3 The Employer shall be entitled to apply a set-off against a legitimate and liquid

claim against the Contractor from which a valid invoice has been received.

6 TAX COMPLIANCE MEAUSRES

6.1 The Contractor hereby grant confirmation that SARS may, on on-going basis

during the contract term, disclose the Contractor’s tax compliance status to the

employer.

6.2 Should the Contractor appoint a sub-contractor to execute a portion of a work in

excess of the threshold (currently 25%) prescribed by the National Treasury, the

Contractor must ensure that a sub-contractor is tax complaint and remains tax

compliant for the full duration of the contract. The contractor shall obtain a written

consent from its sub-contractors confirming that SARS may on on-going basis

during the contract term, disclose the sub-contractor’s tax compliance status to the

employer.

6.3 The Contractor shall submit a valid tax clearance certificate within 10 working days

from the date of expiry of the tax clearance certificate. The Employer reserve the

right to demand a valid Tax Clearance Certificate prior to making any payment to

the Contractor, should it become aware that the tax clearance corticated has

expired.

256


6.4 Unless the Employer receive a written confirmation that the Contractor has

challenged its tax compliance status with SARS, the Employer shall not process

any payment to the Contractor, if 30 days has lapsed since the written notice by

the Employer and the Contractor has failed to remedy its tax compliance status.

6.5 Employer’s non-payment of the Contractor’s invoice in accordance with clause 6.4

above shall not absolve the contractor from performing its obligation in terms of

the contract.

6.6 Unless the Employer receives a written confirmation that the Contractor or sub-

Contractor has challenged its tax compliance status with SARS, the Employer shall

be entitled to cancel the contract with the Contractor or instruct the Contractor to

cancel its contract with the Sub-Contractor.

6.7 Where a Contractor is a JV, each party to a JV must be tax complaint and remains

tax compliant for the full duration of the contract, failing which, the Employer shall

invoke paragraph 6.4 or 6.6 above.

7. APPROVAL OF VARIATION ORDERS

7.1 Upon receipt of the Variation Order (VO), the Principal Agent must professionally

consider the merits of the Variation Order and make a recommendation to the

Employer.

7.2 The Principal Agent shall not have the power to approve any deviation or variation

which has financial implications on the Employer without the necessary written

approval of the Employer, except under emergency circumstances wherein failure

to undertake the work may result in loss of life.

7.3 The Employer must communicate the approval of a Variation Order in writing to

the Principal Agent and the Principal Agent shall, upon receipt of confirmation of

the approval of the VO, issue the necessary Contract Instruction to the contractor

to undertake the works.

257


7.4 The Contractor shall not commence with any Variation Order Works without the

written approval of the Variation Order from the Employer, except under

circumstances mentioned in paragraph 7.2 above.

7.5 Should the Contractor undertakes the Variation Order Works without the

necessary written approval of the Variation Order from the Employer, the

Contractor shall be entirely liable for any financial and any related implications and

hereby indemnify and hold harmless the Employer from and against any and all

claims, actions, damages, liabilities, injuries, costs, fees, expenses, or losses,

including and without limitation, reasonable attorney’s fees and costs of

investigation and litigation, whatsoever which may be incurred by, or for which

liability may be asserted against, the Employer arising out of the Contractor’s

performance or non-performance of unauthorized works, but only to the extent

caused by the negligent acts, errors or omissions of the Contractor.

7.6 The Contractor shall not accept any instructions from any party, including

beneficiary Department, other than the Principal Agent.

8. JOINT VENTURE AGREEMENT

8.1 Should the Joint Venture Agreement be dissolved or any of the JV partner pull out

the JV Agreement for any reasons whatsoever, the Employer hereby reserve its

right to terminate the contract with immediate effect.

8.2 Should the Employer decide not to terminate the contract upon the dissolution of

the JV Agreement and the replacement JV partner does not meet the BBBEE

threshold stipulated in the tender document, the IDT shall be entitled to cancel the

contract with immediate effect.

258


8.3 Should the BBBEE status of the Joint Venture be changed to a lower rate than the

bidding rate, based on legislation applicable at the closing date of the tender, the

IDT shall be entitled to cancel the contract.

9. BREACH

9.1 In the event that the contractor:-

9.1.1 commits an act of insolvency; or

9.1.2 is placed under a provisional or final winding-up or judicial management

order; or

9.1.3 is placed under or applied for business rescue; or

9.1.4 makes an assignment of more than 25% of either its right and/or its

obligation for the benefit of the third arty without the written consent of the

employer; or

9.1.5 the Contractor is registered or fails to renew his registration with the CIDB

or changes directorship during the course of the project, resulting in the

contravention of BBBEE statutory requirement; or

9.1.6 fails to satisfy or take steps to have set aside any judgment taken against

it within 14 (Fourteen) business days after such judgment has come to its

notice,

then the other Employer will be entitled to terminate the Agreement on written

notice.

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Signed at …………………… on this the ………… day of ………………………..2015

AS WITNESSES: 1. __________________________ ____________________________

For and on behalf of the Employer:

(………………………….), in his/her

capacity as the ---------------------------

2. __________________________ ____________________________

For and on behalf of the Employer:

(…………………………….),in his/her

capacity as the ---------------------------------

-------------------------------------------.

Signed at …………………… on this the ………… day of ………………………2016

AS WITNESSES: 3. __________________________

4. __________________________ ____________________________

For and on behalf of the Contractor:

……………………………………..……….

in his/her capacity as

………………….………………………….,

who hereby confirm that he/she is duly

authorized.

260

INDEPENDENT DEVELOPMENT TRUST - IDT

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