ERECTION OF 10 HIGH MASTS LIGTHS · Masts in Flagstaff and Lusikisiki 14 September 2018 at 10am at...

ERECTION OF 10 HIGH MASTS LIGTHS

Tender No: IHLM/37/08/2018-19/TS

PROCUREMENT DOCUMENT (Based on NEC3)

Issued by:

M. Gqada

Manager Electrification Ingquza Hill Local Municipality

Contact:

Name: SCM

Telephone: 039 252 0131

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

Tendered amount: R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ingquza Hill Local Municipality

Project Number: IHLM/37/08/2018-19/TS

Erection of 10 High Mast Lights

Contents

Number Heading

THE TENDER

Part T1: Tendering procedures

T1.1 Tender notice and invitation to tender

T1.2 Tender data

Part T2: Returnable documents

T2.1 List of returnable documents

T2.2 Returnable schedules

THE CONTRACT

Part C1: Agreements and Contract data

C1.1 Form of offer and acceptance

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

Part C2: Pricing data

C2.1 Pricing assumptions

C2.2 Price List

Part C3: Scope of work

C3 Scope of work

Part C4: Site Information

C4 Site Information

Tender 3 T1.2 Part T1: Tendering procedures Tender Data



Erection of 10 Highmast Lights


T1.1 Tender Notice and Invitation to Tender

Bids are hereby invited from suitable qualified and experienced service providers for the following services:

CONTRACT NO. DESCRIPTION COMPULSORY BRIEFING

DATE

CLOSING DATE CIDB GRADING

IIHLM/37/08/2018-19/TS

Construction and

Installation of 10 High

Masts in Flagstaff

and Lusikisiki

14 September 2018 at

10am at Flagstaff Municipal

Offices.

28 September 2018 at

12h00 Flagstaff Municipal

Offices

5EP

Evaluation criteria: Functionality: 100 Points- Reputation in the industry 40 points, Key personnel Experience 30 points, Methodology 30 points. Bidders should score 70 out of 100 to proceed to: 80/20 Price=80 points B-BBEE=20 points Submit an original or certified copy of B-BBEE certificate to claim preferential points.

Enquiries: Technical enquiries shall be addressed to Manager: Electricity Services 039 252 0131/ [email protected], Supply Chain Management at 039 252 0131 ext 229. [email protected]

Tender validity period: 90 (ninety) days after tender closing date

REQUIRED DOCUMENTS: Potential bidders are urged to submit the following attachments when submitting their proposals, failure to do so will lead to disqualification.

CIDB Proof of registration

Signed Declaration forms attached on the document

CSD Proof of registration

Signed joint venture agreements by Directors

NB: Bidders are advised to arrive early, 15 minutes late arrival will be disqualified. OBTAINING OF TENDER DOCUMENTS

Tender documents for these projects will be available and downloadable on www.ihlm.gov.za under Terms of References

TENDER SUBMISSION AND OPENING Tenders/Proposals must be submitted by hand at 135 Main Street, Flagstaff, 4810 (Procurement Section) by 12:00 local time on 28 September 2018 Tenders should be sealed, endorsed on the envelope with: IHLM/37/08/2018-19/TS

CONDITIONS OF ACCEPTANCE: The Ingquza Hill Local is under no obligation to accept any proposal/tender and reserves the right to accept the whole or any part of the proposal/tender. No proposal/tenders will be considered from persons in the service of the state, the bidder or any of its directors/shareholders is not listed on the Register of Tender Defaulters in terms of the Prevention and Combating of Corrupt Activities Act of 2004 as a person prohibited from doing business with the public sector; the bidder has not: abused the Employer’s Supply Chain Management System; or failed to perform on any previous contract and has been given a written notice to this effect.. Bidders must note that upon award, bidders will be required to submit rates clearance certificate from their respective municipalities. Bidders who reside within the Municipal jurisdiction will be verified with IHLM Revenue section. The Ingquza Hill Local Municipality’s supply chain policy will apply in all tender stages. NB. No faxed, couriered, emailed tenders will be accepted. The municipality reserves the right to extend the tender period by notice in the press and on the municipality’s official website www.ihlm.gov.za M.Fihlani Municipal Manager

http://www.ihlm.gov.za/





T1.2 Tender Data

The conditions of tender are those contained in the latest edition of SANS 10845-3, Construction Procurement – Part 3: Standard conditions of tender. SANS 10845-3 makes 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 provisions of SANS 10845-3. Each item of data given below is cross-referenced to the clause in SANS 10845-3 to which it mainly applies.

Clause number

Tender Data

3.1 The Employer is Ingquza Hill Local Municipality

3.2 The tender documents issued by the employer comprise the following documents: THE TENDER Part T1: Tendering procedures

T1.1 - Tender notice and invitation to tender T1.2 - Tender data Part T2: Returnable documents

T2.1 - List of returnable documents T2.2 - Returnable schedules THE CONTRACT Part C1: Agreements and Contract data

C1.1 - Form of offer and acceptance C1.2 - Contract data C1.3 - Performance Bond Part C2: Pricing data

C2.1 - Pricing assumptions C2.2 - Bill of Quantities Part C3: Scope of work

C3 - Scope of work Part C4: Site information

C4 - Site information


3.2 The tender documents issued by the employer comprise: Volume 1: Tendering procedures

T1.1 Tender notice and invitation to tender T1.2 Tender data Volume 2: Returnable documents

T2.1 List of returnable documents T2.2 Returnable schedules C1.1 Form of offer and acceptance C1.2 Contract data (part 2) C2.2 Activity schedules / Bills of Quantities Volume 3: The contract Part C1: Agreements and contract data

C1.2 Contract data (part 1) C1.3 Form of Guarantee Part C2: Pricing data

C2.1 Pricing assumptions Part C3: Scope of work

C3 Scope of work Part C4: Site information

C4 Site information

3.2 The tender documents issued by the employer comprise the documents listed on the contents page

3.4 The employer’s agent is : Name: Ingquza Hill Local Municipality Address: 130 Main Street, Flagstaff, 4810 Tel: 039 252 0131 E-mail: [email protected]

3.4 The language for communications is English

3.6 The competitive negotiation procedure shall be applied.

4.1 Only those tenderers who satisfy the following eligibility criteria and who provide the required evidence in their tender submissions are eligible to submit tenders and have their tenders evaluated:

4.1 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 or higher than a contractor grading designation determined in accordance with the sum tendered, or a value determined in accordance with Regulation 25 (1B) or 25(7A) of the Construction Industry Development Regulations, for a 5EP or Higher class of construction work, are eligible to have their tenders evaluated.

Joint ventures are eligible to submit tenders provided that: 1. every member of the joint venture is registered with the CIDB; 2. the lead partner has a contractor grading designation in the 5EP or Higher class of construction work;

and 3. the combined contractor grading designation calculated in accordance with the Construction Industry

Development Regulations is equal to or higher than a contractor grading designation determined in accordance with the sum tendered for a 5EP or Higher class of construction work or a value determined in accordance with Regulation 25 (1B) or 25(7A) of the Construction Industry Development Regulations.

The project is 6 months contract.

4.7 There is compulsory clarification meetings.

4.7 The arrangements for a compulsory clarification meeting are as stated in the Tender Notice and Invitation to Tender. Tenderers must sign the attendance list in the name of the tendering entity. Addenda will be issued to and tenders will be received only from those tendering entities appearing on the attendance list.

4.10 Tenderers are required to state the rates and currencies in Rands

4.12 Main tender offers are not required to be submitted together with alternative tenders.


4.12 No alternative tender offers will be considered

4.12

If a tenderer wishes to submit an alternative tender offer, the only criteria permitted for such alternative tender offer is that it demonstrably satisfies the employer’s standards and requirements, the details of which may be obtained from the employer’s agent. Calculations, drawings and all other pertinent technical information and characteristics as well as modified or proposed Pricing Data must be submitted with the alternative tender offer to enable the employer to evaluate the efficacy of the alternative and its principal elements, to take a view on the degree to which the alternative complies with the employer’s standards and requirements and to evaluate the acceptability of the pricing proposals. Calculations must be set out in a clear and logical sequence and must clearly reflect all design assumptions. Pricing Data must reflect all assumptions in the development of the pricing proposal. Acceptance of an alternative tender offer will mean acceptance in principle of the offer. It will be an obligation of the contract for the tenderer, in the event that the alternative is accepted, to accept full responsibility and liability that the alternative offer complies in all respects with the Employer’s standards and requirements. The modified Pricing Data must include an amount equal to 5% of the amount tendered for the alternative offer to cover the employer’s costs in confirming the acceptability of the detailed design.

4.13.1 Parts of each tender offer communicated on paper shall be submitted as an original.

4.13.3 A tender security in the amount of R0 is required and shall remain valid for a period not exceeding 0 days after the closing date for tender offers. The form of the tender security shall not differ substantially from the sample provided in Annex D of SANS 10845-3.

4.13.5 4.15

The employer’s details and address for delivery of tender offers and identification details that are to be shown on each tender offer package are: Location of tender box: SCM Office Physical address: 130 Main Street, Flagstaff, 4810 Identification details: Tender reference number, Title of Tender and the closing date and time of the tender

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

4.16 The tender offer validity period is 90 Days

4.19 Access shall be provided for the following inspections, tests and analysis: Site

4.20 The tenderer is required to submit with his tender a letter of intent from an approved insurer undertaking to provide the Performance Bond to the format included in Part C1.3 of this procurement document

4.22 Return all retained tender documents within 28 days after the expiry of the validity period

5.1 The Employer will respond to requests for clarification received up to 2 working days before the tender closing time.

5.2 The employer shall issue addenda until 1 working days before tender closing time.

5.4 Tenders will be opened immediately after the closing time for tenders at 12h00 hs

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


5.11.5 The procedure for the evaluation of responsive tenders is Method 4 (Financial offer, quality and preference) The total number of tender evaluation points (TEV) shall be determined in accordance with the following formula. TEV = f1 (NFO + NP) + f 2NQ where f1 and f2 are fractions, f1 equals 1 minus f2 and f2 equals 0.2 NFO is the number of tender evaluation points awarded for the financial offer made in accordance with 5.11.7 where the score for financial offer is calculated using the following formula A = (1 - (P - Pm)) Pm and W1 equals: 1) 90 where the financial value inclusive of VAT of all responsive tenders received have a value in excess of R50 million or 2) 80 where the financial value inclusive of VAT of one or more responsive tender offers have a value that equals or is less than R 50 million NP is the number of tender evaluation points awarded for preferences claimed in accordance with the

Preferencing Schedule NQ is the number of tender evaluation points awarded for quality offered in accordance with 5.11.9 where W2 = 100. Up to 100 minus W1 tender evaluation points will be awarded to tenderers who complete the referencing schedule and who are found to be eligible for the preference claimed.


5.11.9 The quality criteria and maximum score in respect of each of the criteria are as follows:

PRE-QUALIFICATION CATEGORY AND DESCRIPTION POINTS

CRITERIA Maximum possible points

Weight Maximum value

REPUTATION IN INDUSTRY 40 8

Three electrification projects signed reference letters in a client letterhead

5

Two electrification projects signed reference letters in a client letterhead

3

One electrification project signed reference letter in a client letterhead

1

No electrification project signed reference letter in a client letterhead

0

KEY PERSONNEL EXPERIENCE 30 6

CV with certified certificates of electrician with N6 or Technician with S4/T4 having 5 years of experience in electrical construction

5


4


3


2

CV with certified certificates of electrician with N6 or Technician with S4/T4 having 1 year of experience in electrical construction

1

CV with certified certificates of electrician with N6 or Technician with S4/T4 having 0 year of experience in electrical construction

0

QUALITY OF METHODOLOGY 30 6

Project plan plus aligned cash flow projections. With clear relevant activities in chronological order from inception to closeout

5

Project plan without aligned cash flow projections. With clear relevant activities in chronological order from inception to closeout

3

No project plan and no cash flow projections 0

Total 100

Tenderer must score a minimum of 70 points in order to proceed to the next stage.

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


5.13 Tender offers will only be accepted if: a) the tenderer is registered on the Central Supplier Database (CSD) for the South African government (

see https://secure.csd.gov.za/ ) unless it is a foreign supplier with no local registered entity b) N.B: The tenderer submits a letter of intent from an approved insurer undertaking to provide the

Performance Bond to the format included in Part C1.3 of this procurement document c) the tenderer is registered with the Construction Industry Development Board in an appropriate contractor

grading designation; d) the tenderer or any of its directors/shareholders is not listed on the Register of Tender Defaulters in

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

e) 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;

5.17 The number of paper copies of the signed contract to be provided by the employer is 1.

The additional conditions of tender are:

https://secure.csd.gov.za/

Tender 11 T2.1 Part T2: Returnable documents List of returnable documents




T.2.1 List of returnable documents

CIDB Proof of registration

Signed Declaration forms attached on the document

CSD Proof of registration

Signed joint venture agreements by Directors Note: Failure to provide these documents will result in the tender not being evaluated

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

Record of Addenda to Tender Documents

Proposed amendments and qualifications

Compulsory Declaration

Municipal declaration and returnable documents

Certificate of Authority for Joint Ventures, if applicable

Preferencing Schedule: Broad Based Black Economic Empowerment Status

Annual Financial Statements Declaration

Evaluation schedule 1:

3 Other documents required for tender evaluation purposes The tenderer must provide the following returnable documents:

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

Suitable annual financial statements for the preceding financial year within 12 months of the financial year end

A letter if good standing from the Compensation Fund or a licensed insurer as contemplated in the Compensation for Occupational Injuries and Diseases Act 1993 (Act No. 130 of 1993)

4 Returnable Schedules that will be used for tender evaluation purposes and be incorporated into the contract

The tenderer must complete the following returnable documents:

4 Other documents that will be incorporated into the contract

http://www.sanas.co.za/directory/bbee_default.php

Tender 12 T2.1 Part T2: Returnable documents List of returnable documents

C1.1 Offer portion of Form of Offer and Acceptance

C1.2 Contract Data (Part 2)

C2.2 Price List

Failure to sign the form of offer and acceptance will render the tender “non-responsive”

The Tenderer’s attention is drawn to Part 2 of the Contract Data which requires the Tenderer to tender staff rates. Failure to tender the staff rates will render the tender non-responsive. Failure to tender the staff rates in

the prescribed manner may compromise the competitiveness of the tenderer.

Compensation events which result in changes to the Prices are assessed on the basis of time charges (i.e. the products of each of the staff rates multiplied by the total staff time appropriate to that rate properly spent on work in the contract) These staff rates are used when making changes to the Prices in terms of the Contract. Tenderers need to price these staff rates realistically as they will be taken into account when evaluating tender offers – see Tender Assessment Schedule.

The Tenderer’s attention is drawn to Part 2 of the Contract Data which requires the Tenderer to tender a percentage for overheads and profit added to the Defined Cost for people and a percentage for overheads and profit added to other Defined Cost. Failure to tender these percentages will render the tender non-responsive.

Compensation events which result in changes to the Prices are assessed on the basis of Defined Cost (i.e. the amount paid by the Contractor in Providing the Works (excluding any tax which the Contractor can recover) for people employed by the Contractor, plant and materials, work subcontracted by the Contractor and equipment). These percentages for overheads and profit are applied to components of Defined Cost when making changes to the Prices in terms of the Contract. These percentages cover everything that is not included in Defined Cost. Tenderers need to price these percentages realistically as they will be taken into account when evaluating tender offers – see Tender Assessment Schedule.

The Tenderer’s attention is drawn to Part 2 of the Contract Data which requires the Tenderer to tender a direct fee percentage, a subcontracted fee percentage and a number of other cost parameters. Failure to tender these

percentages and cost parameters will render the tender non-responsive.

Compensation events which result in changes to the Price are assessed on the basis of Defined Cost (i.e. the cost of the components in the Shorter Schedule of Cost Components whether work is subcontracted or not, as derived from the tendered cost parameters). These fee percentages are applied to components of Defined Cost when making changes to the Prices in terms of the Contract and cover everything that is not included in Defined Cost. Tenderers need to price these percentages and the cost parameters associated with the Schedule of Cost Components realistically as they will be taken into account when evaluating tender offers – see Tender Assessment Schedule.

The Prices for Work Done to Date and compensation events which result in changes to the Price are assessed on the basis of Defined Cost (i.e. the amount due to Subcontractors and the cost of the components in the Schedule of Cost Components or Shorter Schedule of Cost Components, as derived from the tendered cost parameters). These fee percentages are applied to components of Defined Cost when assessing the amounts due to the Contractor or making changes to the Prices in terms of the contract and cover everything that is not included in Defined Cost. Tenderers need to price these percentages and the cost parameters associated with the Schedule of Cost Components or Shorter Schedule of Cost Components realistically as they will be taken into account when evaluating tender offers – see Tender Assessment Schedule

The Tenderer’s attention is drawn to Part 2 of the Contract Data which requires the Tenderer to tender a direct fee percentage and a subcontracted fee percentage and a number of other cost parameters. Failure to tender

these percentages and cost parameters will render the tender non-responsive.

The Price for Work Done to Date and compensation events which result in changes to the Prices are assessed on the basis of Defined Cost (i.e. the amount due to Subcontractors and the prices for work done by the Contractor himself). These percentages are applied to components of Defined Cost when making changes to the Prices in terms of the Contract and cover everything that is not included in Defined Cost. Tenderers need to price these percentages and the cost parameters associated with the Schedule of cost Components realistically as they will be taken into account when evaluating tender offers – see Tender Assessment Schedule.

Tender 13 T2.2 Part T2: Returnable documents Returnable documents

Record of Addenda to tender documents

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

Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Attach additional pages if more space is required.

Signed Date

Name Position

Tenderer

Tender 14 T2.2 Part T2: Returnable documents Returnable Schedules

Proposed amendments and qualifications

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

The Tenderer’s attention is drawn to clause 5.8 of SANS 10845-3 regarding the employer’s handling of material deviations and qualifications.

Page Clause or item Proposal

Signed Date

Name Position

Tenderer


Compulsory Declaration

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

Section 1: Enterprise Details

Name of enterprise:

Contact person:

Email:

Telephone:

Cell no

Fax:

Physical address

Postal address

Section 2: Particulars of companies and close corporations

Company / Close Corporation registration number

Section 3: SARS Information

Tax reference number

VAT registration number: State Not Registered if not registered for VAT

Section 4: CIDB registration number

CIDB Registration number (if applicable)

Section 5: National Treasury Central Supplier Database

Supplier number

Unique registration reference number

Section 6: Particulars of principals

principal: means a natural person who is a partner in a partnership, a sole proprietor, a director of a company established in terms of the Companies Act of 2008 (Act No. 71 of 2008) or a member of a close corporation registered in terms of the Close Corporation Act, 1984, (Act No. 69 of 1984).

Full name of principal Identity number Personal tax reference number

Attach separate page if necessary


Section 7: Record in the service of the state

Indicate by marking the relevant boxes with a cross, if any principal is currently or has been within the last 12 months in the service of any of the following:

a member of any municipal council

a member of any provincial legislature

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

a member of the board of directors of any municipal entity

an official of any municipality or municipal entity

an employee of any department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act of 1999 (Act No. 1 of 1999)

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

an employee of Parliament or a provincial legislature

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

Name of principal Name of institution, public office, board or organ

of state and position held

Status of service

(tick appropriate column)

Current Within last

12 months

*insert separate page if necessary

Section 8: Record of family member in the service of the state

family member: a person’s spouse, whether in a marriage or in a customary union according to indigenous law, domestic partner in a civil union, or child, parent, brother, sister, whether such a relationship results from birth, marriage or adoption

Indicate by marking the relevant boxes with a cross, if any family member of a principal as defined in section 5 is currently or has been within the last 12 months been in the service of any of the following:

a member of any municipal council

a member of any provincial legislature

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

a member of the board of directors of any municipal entity

an official of any municipality or municipal entity

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

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

an employee of Parliament or a provincial legislature

Name of family member Name of institution, public office, board or

organ of state and position held

Status of service

(tick appropriate

column)

Current Within last

12 months

*insert separate page if necessary

Section 9: Record of termination of previous contracts with an organ of state


Was any contract between the tendering entity including any of its joint venture partners terminated during the

past 5 years for reasons other than the employer no longer requiring such works or the employer failing to

make payment in terms of the contract.

Yes No (Tick appropriate box)

If yes, provide particulars (interest separate page if necessary)

Section 10: Declaration

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the tendering entity

confirms that the contents of this Declaration are within my personal knowledge, and save where stated

otherwise in an attachment hereto, are to the best of my belief both true and correct, and:

i) neither the name of the tendering entity or any of its principals appears on:

a) the Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt

Activities Act of 2004 (Act No. 12 of 2004)

b) National Treasury’s Database of Restricted Suppliers (see www.treasury.gov.za)

ii) neither the tendering entity of any of its principals has within the last five years been convicted of fraud or

corruption by a court of law (including a court outside of the Republic of South Africa);

iii) any principal who is presently employed by the state has the necessary permission to undertake

remunerative work outside such employment (attach permission to this declaration);

iv) the tendering entity is not associated, linked or involved with any other tendering entities submitting tender

offers

v) has not engaged in any prohibited restrictive horizontal practices including consultation, communication,

agreement, or arrangement with any competing or potential tendering entity regarding prices, geographical

areas in which goods and services will be rendered, approaches to determining prices or pricing

parameters, intentions to submit a tender or not, the content of the submission (specification, timing,

conditions of contract etc) or intention to not win a tender;

vi) has no other relationship with any of the tenderers or those responsible for compiling the scope of work

that could cause or be interpreted as a conflict of interest;

vii) neither the tenderer or any of its principals owes municipal rates and taxes or municipal service charges to

any municipality or a municipal entity and are not in arrears for more than 3 months;

viii) SARS may, on an on-going basis during the term of the contract, disclose the tenderer’s tax compliance

status to the Employer and when called upon to do so, obtain the written consent of any subcontractors

who are subcontracted to execute a portion of the contract that is entered into in excess of the threshold

prescribed by the National Treasury, for SARS to do likewise.

Signed

Date

Name Position

Enterprise name

NOTE 1 The Standard Conditions of Tender contained in SANS 10845-3 prohibits anticompetitive practices (clause 3.1) and requires that tenderers avoid conflicts of interest, only submit a tender offer if the tenderer or any of his principals is not under any restriction to do business with employer (4.1.1) and submit only one tender either as a single tendering entity or as a member in a joint venture (clause 4.13.1). Clause 5.7 also empowers the Employer to disqualify any tenderer who engages in fraudulent and corrupt practice. Clause 3.1 also requires tenderers to comply with all legal obligations.

NOTE 2: Section 30(1) of the Public Service Act, 1994, prohibits an employee (person who is employed in posts on the establishment of departments) from performing or engaging remunerative work outside his or her employment in the relevant department, except with the written permission of the executive authority of the department. When in operation, Section 8(2) of the Public Administration Management Act, 2014, will prohibit an employee of the public administration (i.e. organs of state and all national departments, national government components listed in Part A of Schedule 3 to the Public Service Act, provincial departments including the office of the premier listed in Schedule 1 of the Public Service Act and provincial departments listed in schedule 2 of the Public Service Act, and provincial government components listed in Part B of schedule 3 of the Public Service Act) or persons contracted to executive authorities in accordance with the provisions of section 12A of the Public Service Act of 1994 or persons performing similar functions in organs of state from conducting business with the State or to be a director of a public or private company conducting business with the State. The offence for doing so is a fine or imprisonment for a period not exceeding 5 years or both. It is also a serious misconduct which may result in the termination of employment by the employer.


NOTE 3: Regulation 44 of Supply Chain Management regulations issued in terms of the Municipal Finance Management Act of 2003 requires that organs of state and municipal entities not award a contract to a person who is the service of the state, a director, manager or principal shareholder in the service of the state or who has been in the service of the state in the previous twelve months. NOTE: 4: Regulation 45 of Supply Chain Management regulations requires a municipality or municipal entity to disclose in the notes to the annual statements particulars of any award made to a close family member in the service of the state. NOTE: 5 Corrupt activities which give rise to an offence in terms of the Prevention and Combating of Corrupt Activities Act of 2004) include improperly influencing in any way the procurement of any contract, the fixing of the price, consideration or other moneys stipulated or otherwise provided for in any contract and the manipulating by any means of the award of a tender.

NOTE: 6 Section 4 of the Competition Act of 1998 prohibits restrictive horizontal practice including agreements between parties in a horizontal relationship which have the effect of substantially preventing or lessening competition, directly or indirectly fixing prices or dividing markets or constitute collusive tendering. Section 5 also prohibits restrictive vertical practices. Any restrictive practices that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties.


Preferencing schedule: Broad Based Black Economic Empowerment Status

Preamble

Section 10(b) of the Broad-Based Black Economic Empowerment Act of 2003 (Act No. 53 of 2003) states that “Every organ of state and public entity must take into account and. as far as is reasonably possible. apply any relevant code of good practice issued in terms of this Act in developing and implementing a preferential procurement policy:”

A number of codes of good practice have been issued in terms of Section 9(1) of the B-BBEE Act of 2003 including a generic code of good practice and various sector codes. The sector codes vary the metrics, weightings and targets used in the generic code of good practice to establish the overall performance of an entity and its B-BBBEE status. The B-BBEE status needs to be assessed in accordance with the applicable code.

1 Conditions associated with the granting of preferences

Tenderers who claim a preference shall provide sufficient evidence of their B-BBEE Status in accordance with the requirements of section 2 in respect of the applicable code as at the closing time for submissions, failing which their claims for preferences will be rejected.

2 Sufficient evidence of qualification

2.1 Exempted micro enterprises

Sufficient evidence of qualification as an Exempted Micro-Enterprise is a :

a) a registered auditor’s certificate or similar certificate issued by an accounting officer as contemplated in the Close Corporation Act of 1984 in respect of the entity’s last financial year or a 12 month period which overlaps with its current financial year; or a certificate issued by a verification agency and which is valid as at the closing date for submissions; or.

b) a sworn affidavit - B-BBEE Exempted Micro Enterprise (see www.thedti.gov.za/gazzettes/Affidavit_EME.pdf

2.2 Enterprises other than micro exempted enterprises

Sufficient evidence of B-BBEE Status is:

a) an original or certified copy of the certificate issued by a verification agency accredited by the South African National Accreditation System (SANAS) or registered auditors approved by Independent Regulatory Board for Auditors (IRBA) and which is valid as at the closing date for submissions; or.

b) a sworn affidavit – B-BBEE Qualifying Small Enterprise (see www.thedti.gov.za/gazzettes/BBEE_QUALIFYING_SMALL_ENTERPRISE.pdf)

3 Tender preferences claimed

The scoring shall be as follows:

B-BBEE status determined in accordance with the referencing schedule for Broad-Based Black Economic Empowerment

% max points for preference

Form not completed or no-complaint contributor 0

Level 8 contributor 10






Level 2 or contributor 90


http://www.thedti.gov.za/gazzettes/Affidavit_EME.pdfhttp://www.thedti.gov.za/gazzettes/BBEE_QUALIFYING_SMALL_ENTERPRISE.pdf


4 Declaration

The tenderer declares that

a) the tendering entity is a level contributor as stated in the submitted evidence of qualification as at the closing date for submissions

b) the tendering entity has been measured in terms of the following code (tick applicable box)

□ Generic code of good practice

□ Other – specify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c) the contents of the declarations made in terms of a) and b) above are within my personal knowledge and are to the best of my belief both true and correct

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

Signature : ...............................................................................................................................……….

Name : .......................................................................................................................................………

Duly authorised to sign on behalf of : ............................................................................................………

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

Fax: ....................................................................... Date : .......................................................................

Name of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Note: 1) Failure to complete the declaration will lead to the rejection of a claim for a preference

2) Supporting documentation of the abovementioned claim for a preference must be submitted with the

tender submission to be eligible for a preference


Municipal declaration and returnable documents

The following particulars must be furnished in relation to tenders for municipalities and municipal entities where:

a) consultancy services are required; and

b) goods, services or a combination thereof where the estimated total of the prices exceeds R 10 million including VAT.

In the case of a joint venture, separate municipal declarations and returnable documents shall be submitted in respect of each partner.

Section 1: Enterprise Details

Name of enterprise:

Contact person:

Email:

Telephone:

Cell no

Fax:

Physical address

Postal address

Section 2: Declaration for consultancy services:

The enterprise has been awarded the following consultancy services by an organ of state during the last five years.

Name of organ of state Estimated number of contracts

Nature of service, e,g, quantity surveying

Service similar to required service (yes / no)?

Attach separate page as necessary

Section 3 Goods, services or a combination thereof where the estimated total of the prices exceeds R 10 million including VAT

I / we certify that

1) (tick one of the boxes):

□ the enterprise is not required by law to prepare annual financial statements for auditing

□ the enterprise is required by law to have audited annual financial statements and attached the audited financial statements for the past three financial years, or since the establishment as the enterprise was established within the past three years


2) the enterprise and its directors has / have no undisputed commitments for municipal services towards a municipality or other service provider in respect of which payment is overdue for more than 30 days (ie: all municipal accounts are paid up to date);

3) source of goods and / or services :

(tick one of the boxes and insert percentages if applicable):

□ goods and / or services are sourced only from within the Republic of South Africa

□ % of the total cost of goods and / or services will be sourced from outside the Republic of South Africa and the percentage of payment from the municipality or municipal entity which is

expected to be transferred out of the Republic is . %

I furthermore confirm that the following contracts were awarded to the enterprise by an organ of state during the last five years and attached particulars of any material non-compliance or dispute concerning the execution of such contracts:

Name of organ of state Estimated number of contracts

Nature of contracts

Attach separate page as necessary

I, the undersigned who warrants that I am duly authorised on behalf of the tendering entity, hereby declare that the contents of this Declaration are within my personal knowledge, and save where stated otherwise are to the best of my belief both true and correct


Annual Financial Statements Declaration

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

1) The enterprise’s financial year end is . . . . . . . . . . . . . . .

2) The enterprise’s financial statements have been prepared in accordance with the provisions of the Companies Act of 2008 or the Close Corporation Act of 1984, as applicable

3) The enterprise has compiled its financial accounts [tick one box]:

internally independently

4) The following statement applies to the enterprise [tick one box and provide relevant information]

enterprise has had its financial statements audited;

name of auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

enterprise is required by law to have an independent review of its financial statements

name of independent reviewer . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

enterprise has not had its financial statements audited and is not required by law to have an independent review or audit of such statements

5) The attached income statement and balance sheet is a true extract from the financial statements complying with applicable legislation for the preceding financial year within 12 months of the financial year end.

[Attach the income statement and the balance sheet contained in the financial statement]

6) The annual turnover for the last financial year is R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7) The total assets as at the end of the last financial year is R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8) The total liabilities as at the end of the financial year is R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I hereby declare that the contents of this Declaration are within my personal knowledge, and save where stated otherwise are to the best of my belief both true and correct.

Signed Date

Name Position

Tenderer


Certificate of Authority for Joint Ventures

This Returnable Schedule is to be completed by joint ventures.

We, the undersigned, are making this submission in Joint Venture and hereby authorise Mr/Ms . . . . . . . . . . .

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

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

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

NAME OF FIRM ADDRESS DULY AUTHORISED

SIGNATORY Lead partner

Signature. . . . . . . . . . . . .

Name ……..

Designation

Signature. . . . . . . . . . . . .

Name ……..

Designation

Signature. . . . . . . . . . . . .

Name ……..

Designation

HIGHMAST LIGHTS: AT HIGH SCHOOLS CONTRACT NO: IHLM/37/08/2018-19/TS

PART C2: PRICING DATA PAGE 88 C2 ECC3/B COVER

Tender Assessment Schedule (NEC3 PSC or NEC3 PSSC)

This schedule is for information only and does not need to be completed. The evaluators will apply this schedule to arrive at a

comparative offer in the evaluation of tenders

The parameters tendered in the Contract Data by the Consultant are to

be reduced to a common base for comparative purposes as follows:

Average time charge for tender comparative purposes only =

= . . . . . . .

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

Comparative offer for tender evaluation purposes = = . . . . . . . . . . . . . . .

Employer’s / Client’s estimate of the of time charge hours which may influence the final quantum of the Prices for Services Provided to Date

= hours

Total of the Prices tendered in the Activity Schedule / Task Schedule /

Price List = . . . . . . . . . . . . . . . . . . .

Comparative offer for tender evaluation purposes:

= assumed time charges plus total of Prices tendered in the Activity Schedule / Task Schedule / Price List

= x + = . . . . . . . . . . . . . . . x . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . .

= . . . . . . . . . . . . . . . . .

Tender Assessment Schedule (NEC3 SC or SCC)

This schedule is for information only and does not need to be completed. The evaluators will apply this schedule to arrive at a comparative offer in the evaluation of tenders

The parameters tendered in the Contract Data by the Supplier are to be reduced to a common base for comparative purposes as follows:

Tendered total of the Prices from Pricing Schedule = . . . . . . . . . . . . . .

. . . . . .

Purchaser’s assumed quantum of compensation events less the fee for

tender evaluation purposes:

= % of tendered total of the Prices

= / 100 x = . . . . . . . . . . . . . . . . . . . . . .

Fee for assumed compensation events = x p / 100 = . . . . . . . .

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

where p = percentage for overheads and profit added to the Defined Cost as tendered in Part 2 of the Contract Data

Comparative offer for tender evaluation purposes

= Tendered total of Prices from Pricing Schedule plus the fee for assumed compensation events



Tender assessment schedule (NEC3 ECC – Options C, D and E)



The parameters tendered in the Contract Data by the Contractor which are to be reduced to a common base for comparative purposes as follows: Estimate of the Price for Work Done to Date based on the tendered parameters and the Employer’s assumptions using the Schedule of Cost Components

1 People

Assumed people costs =

2 Equipment

2.1 Cost of Purchased equipment with an on-cost charge

Description Time related charge

Per time period

Quantity Total

Per

Per

Total E

2.2 Cost of special Equipment listed in the Contract Data

Description (including size of capacity) Unit Rate Quantity Total

Total E

2.3 Cost of Equipment not covered in a) or b)

Assumed cost of Equipment not covered in a) or b) = E

Impact of tendered percentages used in the assessment of compensation events assessed using the Shorter Schedule of Cost Components

Cost of Equipment ex published lists

= assumed total of list prices of Equipment used in evaluating compensation

events x percentage adjustment for listed Equipment stated in the Contract

Data / 100

= x . . . . . . . . . / 100

= . . . . . . . . . . . . . . . . . . . . .SSCC

Cost of charges for people overheads = assumed people costs in evaluating compensation events x percentage for

people overheads stated in the Contract Data / 100 = x ……………../ 100

= ………………………… SSCC

Impact of tendered parameters on compensation events = SSCC + SSCC = . .

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

Insert data

Fee for Defined Cost of work not subcontracted

= assumed Defined Cost for work not subcontracted () x direct percentage fee stated in

Contract Data / 100

= . . . . . . . . . . . . . . . . . . . . . . . . . . . . . x . . . . . . . . / 100

= . . . . . . . . . . . . . . . . . . . . . . . . . .

Assumed Defined Cost for subcontracted work =

Fee for Defined Cost of subcontracted work:



Tender assessment schedule (NEC3 ECC – Options C and D)



The parameters tendered in the Contract Data by the Contractor which are to be reduced to a common base for comparative purposes as follows: Tendered total of the Prices (from summary to Activity Schedule / Bill of Quantities)

= . . . . . . . . . . . . . . . . . . . . . . . Impact of tendered parameters in Schedule of Cost Components and Shorter Schedule of Cost Components on the final total of Prices

1 Employer’s estimates of the impact of tendered

percentages on each million of Defined Cost for

comparative purposes: 1 2 3 4 5

Subcomponent Estimated percentage of Defined Cost

Tendered percentages (from Contract Data: Part 2 – Data provided by the Contractor)

Adjustment

Calculation Amount

Working Area overheads (SCC)

Percentage for Working

Area overheads . . . . . . .

. %

x column 2 / 100 x column 3 / 100

Cost of Equipment ex published lists element (SSCC)

Percentage for adjustment for Equipment in the published lists

+ / - . . . . . %

People overheads (SSCC)

Percentage for people

overheads

. . . . . . . .

Subcontracted work

Subcontracted fee

percentage

. . . . . %

Work not subcontracted

Direct fee percentage

. . . . . %

Manufacturing and fabrication overheads

Percentage for

manufacturing and

fabrication overheads . . .

. . %

Design overheads

Percentage for design

overheads . . . . %

Total impact of tendered percentages carried forward to summary

2 Employer’s estimates of the impact on tendered rates for Equipment

2.1 Impact of cost of Purchased equipment with an on-cost charge

Description Time related charge Per time period

Quantity Total

Per

Per



Tender assessment schedule (NEC3 ECC- Option F)

The Tenderer’s attention is drawn to Part 2 of the Contract Data which requires the Tenderer to enter a direct fee percentage and a

subcontracted fee percentage. These percentages are applied to Defined Cost in order to calculate the Prices for Work Done to Date

and the Prices.



Note: Tenderers must tender a direct fee percentage and a subcontracted fee percentage in Part 2 of the Contract Data

The parameters tendered in the Contract Data by the Contractor are to be reduced to a common base for comparative purposes as follows:

The total of prices for work done by the Contractor himself = . . .

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

Forecast of amounts due to Subcontractors =

Comparative offer

= (1 + F1 / 100) x +(1 + F2 / 100) x

= (1 + . . . . / 100) x . . . . . . . . . . . . . . . . . . . . . . . + (1 + . . . . . / 100) x . . . . . . . . . . . . . . . . . . . . . .

= . . . . . . . . . . . . . . . .

where F1 = direct fee percentage

F2 = subcontracted fee percentage



C1.2 ECC3 Contract Data

Part one - Data provided by the Employer

Clause Statement Data

1 General

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

B: Priced Bill of Quantities

dispute resolution Option W1: Dispute resolution procedure

and secondary Options

X2: Changes in the Law

X7: Delay damages

X16: Retention

X18: Limitation of liability

Z: Additional conditions of contract

of the NEC3 Engineering and Construction Contract, June 2005 (ECC3) (with amendments June 2006)

10.1 The Employer is (Name): Ingquza Hill Local Municipality

Address 135 Main street, Flagstaff

Tel No. 039 252 0131 or 039 253 1096

10.1 The Project Manager is: (Name)

Address

Tel

Fax

e-mail

10.1 The Supervisor is: (Name)

Address

Fax

e-mail



11.2(13) The works are THE MANUFACTURE, SUPPLY, TRANSPORT AND INSTALLATION OF 10 X HIGHMAST LIGHTS AT HIGH SCHOOLS

11.2(14) The following matters will be included in the Risk Register

Part 5 – Annexures – Risks identified part of the Risk Assessment as per the Safety Health & Environment Specification document and FDP Document.

11.2(15) The boundaries of the site are Flagstaff and Lusikisiki Town area where high masts are to be installed as per the drawings provided.

11.2(16) The Site Information is in As described in Part 4: Site Information

11.2(19) The Works Information is in As described in section Part 3: Scope of Work and all documents and drawings.

12.2 The law of the contract is the law of the Republic of South Africa

13.1 The language of this contract is English

13.3 The period for reply is 5 working days

2 The Contractor's main responsibilities No additional data other than the conditions of contract specified for this section.

3 Time

11.2(3) The completion date for the whole of the works is 30 March 2019

30.1 The access dates are: Part of the Site Date

1 Complete Site 01 October 2018

31.1 The Contractor is to submit a first programme for acceptance within

2 (two) weeks after the Contract Date.

31.2 The starting date is 01 October 2018

32.2

The Contractor submits revised programmes at intervals no longer than

2 (two) weeks.

4 Testing and Defects

42.2 The defects date is 26 (Twenty six) weeks after Completion of the whole of the works.

43.2 The defect correction period is 2 (two) weeks

5 Payment

50.1 The assessment interval is Once a month

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

51.2 The period within which payments are made is 30 days after the assessment date and approval of the assessment.

51.4 The interest rate is (i) zero percent above the publicly quoted prime rate of interest



(calculated on a 365 day year) charged by from time to time by the Standard Bank of South Africa (as certified, in the event of any dispute, by any manager of such bank, whose appointment it shall not be necessary to prove) for amounts due in Rands and (ii) the LIBOR rate applicable at the time for amounts due in other currencies. LIBOR is the 6 month London Interbank Offered Rate quoted under the caption “Money Rates” in The Wall Street Journal for the applicable currency or if no rate is quoted for the currency in question then the rate for United States Dollars, and if no such rate appears in The Wall Street Journal then the rate as quoted by the Reuters Monitor Money Rates Service (or such service as may replace the Reuters Monitor Money Rates Service) on the due date for the payment in question, adjusted mutatis mutandis every 6 months thereafter (and as certified, in the event of any dispute, by any manager employed in the foreign exchange department of The Standard Bank of South Africa Limited, whose appointment it shall not be necessary to prove.

6 Compensation events

60.1(13) The weather measurements to be recorded for each calendar month are,

rainfall to be recorded on a daily basis in the site diary and reported on a weekly basis.

the number of days with inclement weather conditions such a high winds above the allowable crane operating limits, cold temperatures less than 5 degrees Celsius, and

the number of days with snow lying at 09:00 hours South African Time

The place where weather is to be recorded is: Position closest to the high mast light installation At high schools around municipality

The weather measurements are supplied by SA Weather Bureau

and which are available from: the South African Weather Bureau

60.1(13)

Assumed values for the ten year return weather data for each weather measurement for each calendar month are:

As stated in Annexure A to this Contract Data provided by the Employer.

7 Title No additional data other than the conditions of contract specified for this section.

8 Risks and insurance

80.1 These are additional Employer's risks None

84.1

The Employer provides these additional insurances None

84.2

The minimum limit of indemnity for insurance in respect of loss of or damage to property (except the

whatever the Contractor deems necessary as part of the manufacturing, transport, security risk on site and installation



works, Plant, Materials and Equipment) and liability for bodily injury to or death of a person (not an employee of the Contractor) caused by activity in connection with this contract for any one event is

process.

84.2 The minimum limit of indemnity for insurance in respect of death of or bodily injury to employees of the Contractor arising out of and in the course of their employment in connection with this contract for any one event is

As prescribed by the Compensation for Occupational Injuries and Diseases Act No. 130 of 1993 and the Contractor’s common law liability for people falling outside the scope of the Act with a limit of Indemnity of not less than R1 000 000 (One million Rands).

9 Termination There is no additional Contract Data required for this section of the conditions of contract.

10 Data for main Option clause

B Priced contract with Bill of Quantities

11 Data for Option W1

W1.1 The Adjudicator is The person agreed to by both the Employer and the Contractor to act as the Adjudicator if a dispute is called for.

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

W1.4(2) The tribunal is: arbitration.

W1.4(5)

The arbitration procedure is

the latest edition of Rules for the Conduct of Arbitrations published by The Association of Arbitrators (Southern Africa) or its successor body.

The place where arbitration is to be held is Flagstaff, Eastern Cape, South Africa.

The person or organisation who will choose an arbitrator - if the Parties cannot agree a choice or - if the arbitration procedure does not state who

selects an arbitrator, is

the Chairman for the time being or his nominee of the Association of Arbitrators (Southern Africa) or its successor body.

12 Data for secondary Option clauses

X2 Changes in the Law No data is required for this section.

X7 Delay damages

X7.1 Delay damages for not meeting the Completion date is The total delay damages payable by the Contractor does not exceed:

R10, 000 per day. 10% of Contract Value

X16 Retention (not used with Option F)

X16.1 The retention free amount is NIL

The retention percentage is 10%. Half of it releasable at project completion and remainder releasable after 6 months

http://www.jointcivils.co.za/



X18 Limitation of liability

X18.1 The Contractor’s liability to the Employer for indirect or consequential loss is limited to:

R0.0 (zero Rand)

X18.2 For any one event, the Contractor’s liability to the Employer for loss of or damage to the Employer’s property is limited to:

Replacement Cost

X18.3 The Contractor’s liability for Defects due to his design which are not listed on the Defects Certificate is limited to

the total of the Prices at the Contract Date

X18.4 The Contractor’s total liability to the Employer for all matters arising under or in connection with this contract, other than excluded matters, is limited to:

the total of the Prices other than for the additional excluded matters. The Contractor’s total liability for the additional excluded matters is not limited. The additional excluded matters are amounts for which the Contractor is liable under this contract for Defects due to his design which arise before the Defects

Certificate is issued, Defects due to manufacture and fabrication outside the Site, loss of or damage to property (other than the works, Plant and

Materials), death of or injury to a person and infringement of an intellectual property right.

X18.5 The end of liability date is (i) seven years after the defects date for latent Defects and (ii) the date on which the liability in question prescribes in accordance with the Prescription Act No. 68 of 1969 (as amended or in terms of any replacement legislation) for any other matter. A latent Defect is a Defect which would not have been discovered on reasonable inspection by the Employer or the Supervisor before the defects date, without requiring any inspection not ordinarily carried out by the Employer or the Supervisor during that period. If the Employer or the Supervisor do undertake any inspection over and above the reasonable inspection, this does not place a greater responsibility on the Employer or the Supervisor to have discovered the Defect.

Z The Additional conditions of contract are Z1 to Z12 always apply.

Z1 Cession delegation and assignment

Z1.1 The Contractor does not cede, delegate or assign any of its rights or obligations to any person without the written consent of the Employer.

Z1.2 Notwithstanding the above, the Employer may on written notice to the Contractor cede and delegate its rights and



obligations under this contract to any of its subsidiaries or any of its present divisions or operations which may be converted into separate legal entities as a result of the restructuring of the Electricity Supply Industry and the Electricity Distribution Industry.

Z2 Joint ventures

Z2.1 If the Contractor constitutes a joint venture, consortium or other unincorporated grouping of two or more persons or organisations then these persons or organisations are deemed to be jointly and severally liable to the Employer for the performance of this contract.

Z2.2 Unless already notified to the Employer, the persons or organisations notify the Project Manager within two weeks of the Contract Date of the key person who has the authority to bind the Contractor on their behalf.

Z2.3 The Contractor does not substantially alter the composition of the joint venture, consortium or other unincorporated grouping of two or more persons without the consent of the Employer having been given to the Contractor in writing.

Z3 Change of Broad Based Black Economic Empowerment (B-BBEE) status

Z3.1 Where a change in the Contractor’s legal status, ownership or any other change to his business composition or business dealings results in a change to the Contractor’s B-BBEE status, the Contractor notifies the Employer within seven days of the change.

Z3.2 The Contractor is required to submit an updated verification certificate and necessary supporting documentation confirming the change in his B-BBEE status to the Project Manager within thirty days of the notification or as otherwise instructed by the Project Manager.

Z3.3 Where, as a result, the Contractor’s B-BBEE status has decreased since the Contract Date the Employer may either re-negotiate this contract or alternatively, terminate the Contractor’s obligation to Provide the Works.

Z3.4 Failure by the Contractor to notify the Employer of a change in its B-BBEE status may constitute a reason for termination. If the Employer terminates in terms of this clause, the procedures on termination are P1, P2 and P3 as stated in clause 92, and the amount due is A1 and A3 as stated in clause 93.

Z4 Ethics

Z4.1 Any offer, payment, consideration, or benefit of any kind made by the Contractor, which constitutes or could be construed either directly or indirectly as an illegal or corrupt practice, as an inducement or reward for the award or in execution of this contract constitutes grounds for terminating the Contractor’s obligation to Provide the Works or taking any other action as appropriate against the Contractor (including civil or criminal action).

Z4.2 The Employer may terminate the Contractor’s obligation to Provide the Works if the Contractor (or any member of the Contractor where the Contractor constitutes a joint venture, consortium or other unincorporated grouping of two or more persons or organisations) is found guilty by a competent court, administrative or regulatory body of participating in illegal or corrupt practices. Such practices include making of offers, payments, considerations, or benefits of any kind or otherwise, whether in connection with any procurement process or contract with the Employer or other people or organisations and including in circumstances where the Contractor or any such member is removed from the an approved vendor data base of the Employer as a consequence of such practice.

Z4.3 Notwithstanding the provisions of core clause 90.2, the procedures on termination in terms of this clause are P1, P2 and P3 as stated in the core clause 92 and the amount due is A1 and A3 as stated in core clause 93.

Z5 Confidentiality



Z5.1 The Contractor does not disclose or make any information arising from or in connection with this contract available to Others. This undertaking does not, however, apply to information which at the time of disclosure or thereafter, without default on the part of the Contractor, enters the public domain or to information which was already in the possession of the Contractor at the time of disclosure (evidenced by written records in existence at that time). Should the Contractor disclose information to Others in terms of clause 25.1, the Contractor ensures that the provisions of this clause are complied with by the recipient.

Z5.2 If the Contractor is uncertain about whether any such information is confidential, it is to be regarded as such until notified otherwise by the Project Manager.

Z5.3

In the event that the Contractor is, at any time, required by law to disclose any such information which is required to be kept confidential, the Contractor, to the extent permitted by law prior to disclosure, notifies the Employer so that an appropriate protection order and/or any other action can be taken if possible, prior to any disclosure. In the event that such protective order is not, or cannot, be obtained, then the Contractor may disclose that portion of the information which it is required to be disclosed by law and uses reasonable efforts to obtain assurances that confidential treatment will be afforded to the information so disclosed.

Z5.4 The taking of images (whether photographs, video footage or otherwise) of the works or any portion thereof, in the course of Providing the Works and after Completion, requires the prior written consent of the Project Manager. All rights in and to all such images vests exclusively in the Employer.

Z5.5 The Contractor ensures that all his subcontractors abide by the undertakings in this clause.

Z6 Waiver and estoppel: Add to core clause 12.3:

Z6.1 Any extension, concession, waiver or relaxation of any action stated in this contract by the Parties, the Project Manager, the Supervisor, or the Adjudicator does not constitute a waiver of rights, and does not give rise to an estoppel unless the Parties agree otherwise and confirm such agreement in writing.

Z7 Health, safety and the environment: Add to core clause 27.4

Z7.1 The Contractor undertakes to take all reasonable precautions to maintain the health and safety of persons in and about the execution of the works. Without limitation the Contractor: accepts that the Employer may appoint him as the “Principal Contractor” (as defined and provided for under the Construction

Regulations 2014 (promulgated under the Occupational Health & Safety Act 85 of 1993) (“the Construction Regulations”) for the Site;

warrants that the total of the Prices as at the Contract Date includes a sufficient amount for proper compliance with the Construction Regulations, all applicable health & safety laws and regulations and the health and safety rules, guidelines and procedures provided for in this contract and generally for the proper maintenance of health & safety in and about the execution of works; and

undertakes, in and about the execution of the works, to comply with the Construction Regulations and with all applicable health & safety laws and regulations and rules, guidelines and procedures otherwise provided for under this contract and ensures that his Subcontractors, employees and others under the Contractor’s direction and control, likewise observe and comply with the foregoing.

Z7.2 The Contractor, in and about the execution of the works, complies with all applicable environmental laws and regulations and rules, guidelines and procedures otherwise provided for under this contract and ensures that his Subcontractors, employees and others under the Contractor’s direction and control, likewise observe and comply with the foregoing.

Z8 Provision of a Tax Invoice and interest. Add to core clause 51

Z8.1 Within one week of receiving a payment certificate from the Project Manager in terms of core clause 51.1, the Contractor provides the Employer with a tax invoice in accordance with the Employer's procedures stated in the Works Information, showing the amount due for payment equal to that stated in the payment certificate.



Z8.2 If the Contractor does not provide a tax invoice in the form and by the time required by this contract, the time by when the Employer is to make a payment is extended by a period equal in time to the delayed submission of the correct tax invoice. Interest due by the Employer in terms of core clause 51.2 is then calculated from the delayed date by when payment is to be made.

Z8.3 The Contractor (if registered in South Africa in terms of the companies Act) is required to comply with the requirements of the Value Added Tax Act, no 89 of 1991 (as amended) and to include the Employer’s VAT number 4740101508 on each invoice he submits for payment.

Z9 Notifying compensation events

Z9.1 Delete from the last sentence in core clause 61.3, “unless the Project Manager should have notified the event to the Contractor but did not”.

Z10 Employer’s limitation of liability

Z10.1 The Employer’s liability to the Contractor for the Contractor’s indirect or consequential loss is limited to R0.00 (zero Rand)

Z10.2 The Contractor’s entitlement under the indemnity in 83.1 is provided for in 60.1(14) and the Employer’s liability under the indemnity is limited to compensation as provided for under the compensation events stated in this contract.

Z11 Termination: Add to core clause 91.1, at the second main bullet point, fourth sub-bullet point, after the words "against it":

Z11.1 or had a judicial management order granted against it.

Z12 Addition to secondary Option X7 Delay damages (if applicable in this contract)

Z12.1 If the amount due for the Contractor’s payment of delay damages reaches the limits stated in this Contract Data for Option X7 or Options X5 and X7 used together, the Employer may terminate the Contractor’s obligation to Provide the Works using the same procedures and payment on termination as those applied for reasons R1 to R15 or R18 stated in the Termination Table.



Annexure A: One-in-ten-year-return weather data obtained from SA Weather Bureau for [weather station] If any one of these weather measurements recorded within a calendar month, before the Completion Date for the whole of the works and at the place stated in this Contract Data is shown to be more adverse than the amount stated below then the Contractor may notify a compensation event. Rainfall data is supplied by Weather South Africa for Flagstaff & Lusikisiki area in the Eastern Cape and surrounding areas. Only the difference between the more adverse recorded weather and the equivalent measurement over a 12 year rolling average will be taken into account in assessing a compensation event.



C1.2 Contract Data

Part two - Data provided by the Contractor

Clause Statement Data

10.1 The Contractor is (Name):

Address

Tel No.

Fax No.

11.2(8) The direct fee percentage is %

The subcontracted fee percentage is %

11.2(18) The working areas are the Site and

24.1 The Contractor's key persons are:

1 Name:

Job:

Responsibilities:

Qualifications:

Experience:

2 Name:

Job

Responsibilities:

Qualifications:

Experience:

CV's (and further key persons data including CVs) are appended to Tender Schedule entitled.

11.2(3) The completion date for the whole of the works is 30 March 2019

11.2(14) The following matters will be included in the Risk Register



31.1 The programme identified in the Contract Data is

B Priced contract with bill of quantities

11.2(31) The tendered total of the Prices is (in figures) (in words), excluding VAT

Data for Schedules of Cost Components Note “SCC” means Schedule of Cost Components starting on page 56 of ECC3, and “SSCC” means Shorter Schedule of Cost Components starting on page 59 of ECC3.

B Priced contract with bill of quantities Data for the Shorter Schedule of Cost Components

11 in SSCC The hourly rates for people working for the Contractor within the Working Areas are:

Category of employee

Hourly rate

41 in SSCC The percentage for people overheads is: %

22 in SSCC The rates of Equipment are:

Equipment Size or capacity

Rate



PART 2: PRICING DATA

Document reference Title No of pages

C2.1 Pricing assumptions: Option B 04

C2.2 The bill of quantities 05


PART C2: PRICING DATA PAGE 105 C2.1 ECC3/B PRICING ASSUMPTIONS

C2.1 Pricing assumptions: Option B

The conditions of contract

How work is priced and assessed for payment

Clause 11 in NEC3 Engineering and Construction Contract, June 2005 (ECC3) Option B states: Identified and defined terms

11 11.2

(21) The Bill of Quantities is the bill of quantities as changed in accordance with this contract to accommodate implemented compensation events and for accepted quotations for acceleration.

(28) The Price for Work Done to Date is the total of the quantity of the work which the Contractor has completed for each item in the Bill of

Quantities multiplied by the rate and a proportion of each lump sum which is the proportion of the work covered by the item which the

Contractor has completed. Completed work is work without Defects which would either delay or be covered by immediately following work.

(31) The Prices are the lump sums and the amounts obtained by multiplying the rates by the quantities for the items in the Bill of Quantities.

This confirms that Option B is a re-measurement contract and the bill comprises only items measured using quantities and rates or stated as lump sums. Value related items are not used. Time related items are items measured using rates where the rate is a unit of time.

Function of the Bill of Quantities

Clause 55.1 in Option B states, “Information in the Bill of Quantities is not Works Information or Site Information”. This confirms that instructions to do work or how it is to be done are not included in the Bill, but in the Works Information. This is further confirmed by Clause 20.1 which states, “The Contractor Provides the Works in accordance with the Works Information”. Hence the Contractor does not Provide the Works in accordance with

ERECTION OF 10 HIGH MASTS LIGTHS · Masts in Flagstaff and Lusikisiki 14 September 2018 at 10am at...

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Transcript of ERECTION OF 10 HIGH MASTS LIGTHS · Masts in Flagstaff and Lusikisiki 14 September 2018 at 10am at...