request for proposals (rfp) - national treasury 3013-26-02-2016... · 23 engagement of consultants...

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Request for Proposals (RFP)

Request for proposals are invited from all CIDB registered service

providers for the provision of construction services for the resurfacing

of the courtyard at building 18 for the CSIR

RFP No.: 3013/26/02/2016

Date of Issue Monday, 15 February 2016

Compulsory site Inspection

Friday, 19 February 2016

Venue: CSIR Building 18 Court Yard

Time: 10h00 – 11h00

Closing Date Friday, 26 February 2016

Place Tender box, CSIR Main Reception, Gate 3 ( North Gate)

Enquiries Strategic Procurement Unit E-mail: [email protected]

CSIR business hours 08h00 – 16h30

Category Building Construction

mailto:[email protected]

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TABLE OF CONTENTS

SECTION A – TECHNICAL INFORMATION 4

1 INTRODUCTION 4

2 BACKGROUND 4

3 INVITATION FOR PROPOSAL 4

4 PROPOSAL SPECIFICATION 4

5 FUNCTIONAL EVALUATION CRITERIA 5

6 ELIMINATION CRITERIA 5

SECTION B – TERMS AND CONDITIONS 6

7 VENUE FOR PROPOSAL SUBMISSION 6

8 TENDER PROGRAMME 6

9 SUBMISSION OF PROPOSALS 6

10 DEADLINE FOR SUBMISSION 6

11 AWARDING OF TENDERS 7

12 EVALUATION PROCESS 7

13 PRICING PROPOSAL 7

14 VALIDITY PERIOD OF PROPOSAL 8

15 APPOINTMENT OF SERVICE PROVIDER 8

16 ENQUIRIES AND CONTACT WITH THE CSIR 8

17 MEDIUM OF COMMUNICATION 8

18 COST OF PROPOSAL 8

19 CORRECTNESS OF RESPONSES 9

20 VERIFICATION OF DOCUMENTS 9

21 SUB-CONTRACTING 9

22 LOCAL CONTENT 9

23 ENGAGEMENT OF CONSULTANTS 10

24 TRAVEL EXPENSES 10

25 ADDITIONAL TERMS AND CONDITIONS 10

26 CSIR RESERVES THE RIGHT TO 11

27 DISCLAIMER 11

DECLARATION BY TENDERER 12

30. LIST OF RETURNABLE CHECKLIST 14

31. RETURNABLE SCHEDULES 16

32. CERTIFICATE OF AUTHORITY 17

33. CSIR SUPPLIER REGISTRATION FORM 22

34. PROPOSED AMENDMENTS AND QUALIFICATIONS 23

35. METHOD STATEMENT 25

36. SCHEDULE OF PROPOSED SUBCONTRACTORS 26

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37. SCHEDULE OF PLANT AND EQUIPMENT 27

38. SCHEDULE OF THE TENDERER’S EXPERIENCE 29

39. CERTIFICATE OF ATTENDANCE AT CLARIFICATION MEETING 30

40. SCHEDULE OF KEY PERSONNEL 31

41. TENDERER’S FINANCIAL STANDING 36

42. CONTRACTOR'S HEALTH AND SAFETY DECLARATION 37

43. CONTRACTOR'S CERTIFICATE OF REGISTRATION WITH CIDB 39

44. AUDITED FINANCIAL STATEMENTS 40

45. TAX CLEARANCE CERTIFICATE 41

46. PROPOSED JOINT VENTURE AGREEMENT 42

47. PROOF OF COMPLIANCE WITH COID ACT 43

48. REGISTRATION CERTIFICATE / AGREEMENT / POWERS OF ATTORNEY / ID DOCUMENT (IF APPLICABLE) 44

49. PRELIMINARY PROGRAMME 45

50. AMENDMENTS, QUALIFICATIONS AND ALTERNATIVES 46

51. QUALITY PLAN 48

52. ADDENDA TO THE TENDER DOCUMENTS 49

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SECTION A – TECHNICAL INFORMATION

1 INTRODUCTION

The Council for Scientific and Industrial Research (CSIR) is one of the leading scientific

research and technology development organisations in Africa. In partnership with national

and international research and technology institutions, CSIR undertakes directed and

multidisciplinary research and technology innovation that contributes to the improvement of

the quality of life of South Africans. The CSIR’s main site is in Pretoria while it is represented

in other provinces of South Africa through regional offices.

2 BACKGROUND

The courtyard to Building 18 needs to be resurfaced to replace deteriorated concrete areas

and improve the aesthetics of the area. This entails resurfacing of the asphalt access road,

the removal and replacement of damaged concrete surfacing the building court.

3 INVITATION FOR PROPOSAL

Proposals are hereby invited from all CIDB registered service providers for the provision of

construction services for the resurfacing of the courtyard at building 18 for the CSIR.

Tenderers must have a CIDB contractor grading designation of 5CE or higher.

Resurfacing of the access road to the building comprising the following:

Milling and removing of a 1m strip either side of the existing access road.

Cleaning and applying a tack coat to the existing asphalt surface.

Resurfacing the road with a 25mm medium grade asphalt layer.

Painting of road markings.

Replacement of concrete surfacing in court yard comprising the following:

The demolition and removal of the existing concrete surfacing in the courtyard.

Preparation of in-situ roadbed bellow new concrete surfaces.

Placement of steel reinforcement and shuttering.

Casting of new concrete surfacing.

Saw cut and sealing of joints.


Lifting and relaying of existing paved areas.

4 PROPOSAL SPECIFICATION

All proposals are to be submitted in a format specified in this enquiry.

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5 FUNCTIONAL EVALUATION CRITERIA

5.1 The evaluation of the functional / technical detail of the proposal will be based on the

following criteria:

Evaluation element Weighted score

1 Approach paper which responds to the proposed Scope of Work and outlines proposed approach / methodology and work plan complete with time frames

20

2 Qualification and experience of the key staff (assigned personnel) in relation to the scope of work

30

3 Experience of the service provider with respect to specific aspects of the project / comparable projects

40

4 Financial capability of Tender 10

Total 100

5.2 Proposals with functionality / technical points of less than the pre-determined minimum

overall of 70% and on any of the individual criteria will be eliminated from further evaluation.

5.3 Refer to Annexure A for the scoring sheet that will be used to evaluate functionality.

6 ELIMINATION CRITERIA

Proposals will be eliminated under the following conditions:

Submission after the deadline

Proposals submitted at incorrect location

CIDB Registration less than the required CIDB grading 5CE and

Non-attendance of the compulsory site inspection

The following mandatory documentation will be required before any negotiations will start with the

potential winning bidder or before any contract / order will be awarded

Completed CSIR Supplier Registration Form (if not registered with CSIR)

alternatively, provide the CSIR Vendor number

Original valid Tax Clearance Certificate or Letter of Good standing issued by SARS

(RSA suppliers only

Original or certified copy of B-BBEE certificate – where B-BBEE credentials were used

as part of evaluation; (RSA suppliers only

Proof of company registration. (CK2 form) (RSA suppliers only)

CIDB Regsitartion certificate

COID Registration

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SECTION B – TERMS AND CONDITIONS

7 VENUE FOR PROPOSAL SUBMISSION

All proposals must be submitted at:

CSIR GATE 03 - Main Reception Area (in the Tender box) at the following address

Council for Scientific and Industrial Research (CSIR)

Meiring Naudé Road

Brummeria

Pretoria

8 TENDER PROGRAMME

The tender program, as currently envisaged, incorporates the following key dates:

Issue of tender documents: 15 February 2016

Compulsory site inspection: 19 February 2016

Last date for submission of queries: 23 February 2016

Closing / submission Date: 26 Febraury 2016

Estimate appointment date of successful tenderer: 02 March 2016

Estimated contract duration (in months/years) 6 weeks

9 SUBMISSION OF PROPOSALS

9.1 All proposals are to be sealed. No open proposals will be accepted.

9.2 All proposals are to be clearly marked with the RFP number and the name of the tenderer

on the outside of the main package. Proposals must consist of two parts, each of which is

placed in a separate sealed package clearly marked:

PART 1: Technical Proposal: RFP No.: 3013/26/02/2016.

PART 2: Pricing Proposal: RFP No.: 3013/26/02/2016

9.3 Proposals submitted by companies must be signed by a person or persons duly authorised.

9.4 The CSIR will award the contract to qualified tenderer(s)’ whose proposal is determined to

be the most advantageous to the CSIR, taking into consideration the technical (functional)

solution, price and B-BBEE.

10 DEADLINE FOR SUBMISSION

Proposals shall be submitted at the address mentioned above no later than the closing date

of Friday, 26 February 2016 during CSIR’s business hours. The CSIR business hours are

between 08h00 and 16h30.

Where a proposal is not received by the CSIR by the due date and stipulated place, it will be

regarded as a late tender. Late tenders will not be considered.

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11 AWARDING OF TENDERS

11.1 Awarding of tenders will be published on the National Treasury e-tender portal or the

CSIR’s tender website. No regret letters will be sent out.

12 EVALUATION PROCESS

12.1 Evaluation of proposals

All proposals will be evaluated by an evaluation team for functionality, price and B-BBEE.

Based on the results of the evaluation process and upon successful negotiations, the

CSIR will approve the awarding of the contract to successful tenderers.

A two-phase evaluation process will be followed.

The first phase includes evaluation of elimination and functionality criteria, local

production and content.

The second phase includes the evaluation of price and B-BBEE status.

Pricing Proposals will only be considered after functionality phase has been adjudicated

and accepted. Only proposals that achieved the specified minimum qualification scores

for functionality will be evaluated further using the preference points system.

12.2 Preference points system

The 90/10 preference point system will be used where 90 points will be dedicated to price

and 10 points to B-BBEE status.

13 PRICING PROPOSAL

13.1 Pricing proposal must be cross-referenced to the sections in the Technical Proposal. Any

options offered must be clearly labelled. Separate pricing must be provided for each

option offered to ensure that pricing comparisons are clear and unambiguous.

13.2 Price needs to be provided in South African Rand (excl. VAT), with details on price

elements that are subject to escalation and exchange rate fluctuations clearly indicated.

13.3 Price should include additional cost elements such as freight, insurance until acceptance,

duty where applicable.

13.4 Only firm prices* will be accepted during the tender validity period. Non–firm prices**

(including prices subject to rates of exchange variations) will not be considered.

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*Firm price is the price that is only subject to adjustments in accordance with the actual

increase or decrease resulting from the change, imposition, or abolition of customs or

excise duty and any other duty, levy, or tax which, in terms of a law or regulation is binding

on the contractor and demonstrably has an influence on the price of any supplies, or the

rendering costs of any service, for the execution of the contract;

**Non-firm price is all prices other than “firm” prices.

13.5 Payment will be according to the CSIR Payment Terms and Conditions.

14 VALIDITY PERIOD OF PROPOSAL

Each proposal shall be valid for a minimum period of three (3) months calculated from the

closing date.

15 APPOINTMENT OF SERVICE PROVIDER

15.1 The contract will be awarded to the tenderer who scores the highest total number of

points during the evaluation process, except where the law permits otherwise.

15.2 Appointment as a successful service provider shall be subject to the parties agreeing to

mutually acceptable contractual terms and conditions. In the event of the parties failing to

reach such agreement CSIR reserves the right to appoint an alternative supplier.

15.3 Awarding of contracts will be announced on the National Treasury website and no regret

letters will be sent to unsuccessful bidders.

16 ENQUIRIES AND CONTACT WITH THE CSIR

Any enquiry regarding this RFP shall be submitted in writing to CSIR at [email protected]

with “RFP No.: 3013/26/02/2016 – The request for proposals from CIDB registered

Service Providers for the provision of Construction Services for the Resurfacing of

the Courtyard at Building 18 for The CSIR as the subject.

Any other contact with CSIR personnel involved in this tender is not permitted during the

RFP process other than as required through existing service arrangements or as requested

by the CSIR as part of the RFP process.

17 MEDIUM OF COMMUNICATION

All documentation submitted in response to this RFP must be in English.

18 COST OF PROPOSAL

Tenderers are expected to fully acquaint themselves with the conditions, requirements and

specifications of this RFP before submitting proposals. Each tenderer assumes all risks for

resource commitment and expenses, direct or indirect, of proposal preparation and

participation throughout the RFP process. The CSIR is not responsible directly or indirectly

for any costs incurred by tenderers.

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19 CORRECTNESS OF RESPONSES

19.1 The tenderer must confirm satisfaction regarding the correctness and validity of their

proposal and that all prices and rates quoted cover all the work/items specified in the

RFP. The prices and rates quoted must cover all obligations under any resulting contract.

19.2 The tenderer accepts that any mistakes regarding prices and calculations will be at their

own risk.

20 VERIFICATION OF DOCUMENTS

20.1 Tenderers should check the numbers of the pages to satisfy themselves that none are

missing or duplicated. No liability will be accepted by the CSIR in regard to anything

arising from the fact that pages are missing or duplicated.

20.2 One hard copy and one electronic copy (CD or USB memory key) of each proposal must

be submitted. In the event of a contradiction between the submitted copies, the hard copy

shall take precedence.

20.3 Pricing schedule and B-BBEE credentials should be submitted with the proposal, but as a

separate document and no such information should be available in the technical proposal.

20.4 If a courier service company is being used for delivery of the proposal document, the RFP

description must be endorsed on the delivery note/courier packaging to ensure that

documents are delivered to the tender box, by the stipulated due date.

21 SUB-CONTRACTING

21.1 A tenderer will not be awarded points for B-BBEE status level if it is indicated in the tender

documents that such a tenderer intends sub-contracting more than 25% of the value of

the contract to any other enterprise that does not qualify for at least the points that such a

tenderer qualifies for, unless the intended sub-contractor is an exempted micro enterprise

that has the capability and ability to execute the sub-contract.

21.2 A tenderer awarded a contract may not sub-contract more than 25% of the value of the

contract to any other enterprise that does not have an equal or higher B-BBEE status

level than the person concerned, unless the contract is sub-contracted to an exempted

micro enterprise that has the capability and ability to execute the sub-contract.

22 LOCAL CONTENT

22.1 In the case of tenders issued for goods and/or services in a designated sector, such

tenders must be advertised with the specific bidding condition that only bids that meet a

stipulated minimum threshold of locally produced goods, services or works or locally

manufactured goods will be considered. As such, a specific bidding condition may be

included that only locally produced services, works or goods or locally manufactured goods

with a stipulated minimum threshold for local production and content will be considered.

22.2 The guidelines and declarations should be used by tenderers when preparing a tender.

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22.3 Tenderers must complete Declarations D and E, and consolidate the information on

Declaration C. Annexures C, D and E must be submitted with the tender by the closing

date and time as determined by the CSIR.

22.4 If the tender is successful, the tenderer must continuously update Declarations C, D and E

with actual values for the duration of the contract.

23 ENGAGEMENT OF CONSULTANTS

The consultants will only be remunerated at the rates:

23.1 Determined in the "Guideline for fees", issued by the South African Institute of Chartered

Accountants (SAICA); or

23.2 Set out in the "Guide on Hourly Fee Rates for Consultants", by the Department of Public

Service and Administration (DPSA); or

23.3 Prescribed by the body - regulating the profession of the consultant.

24 TRAVEL EXPENSES

24.1 All travel expenses for the CSIR’s account, be it directly via the CSIR’s travel agent or

indirectly via re-imbursements, must be in line with the CSIR’s travel policy. The following

will apply:

24.1.1 Only economy class tickets will be used.

24.1.2 A maxiumum of R1300 per night for accommodation, dinner, breakfast and parking will be

allowed.

24.1.3 No car rentals of more than a Group B will be accommodated.

25 ADDITIONAL TERMS AND CONDITIONS

25.1 A tenderer shall not assume that information and/or documents supplied to CSIR, at any

time prior to this request, are still available to CSIR, and shall consequently not make any

reference to such information document in its response to this request.

25.2 Copies of any affiliations, memberships and/or accreditations that support your

submission must be included in the tender.

25.3 In case of proposal from a joint venture, the following must be submitted together with the

proposal:

Joint venture Agreement including split of work signed by both parties;

The original or certified copy of the B-BBEE certificate of the joint venture;

The Tax Clearance Certificate of each joint venture member;

Proof of ownership/shareholder certificates/copies; and

Company registration certificates.

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25.4 An omission to disclose material information, a factual inaccuracy, and/or a

misrepresentation of fact may result in the disqualification of a tender, or cancellation of

any subsequent contract.

25.5 Failure to comply with any of the terms and conditions as set out in this document will

invalidate the Proposal.

26 CSIR RESERVES THE RIGHT TO

26.1 Extend the closing date;

26.2 Verify any information contained in a proposal;

26.3 Request documentary proof regarding any tendering issue;

26.4 Give preference to locally manufactured goods;

26.5 Appoint one or more service providers, separately or jointly (whether or not they

submitted a joint proposal);

26.6 Award this RFP as a whole or in part;

26.7 Cancel or withdraw this RFP as a whole or in part.

27 DISCLAIMER

This RFP is a request for proposals only and not an offer document. Answers to this RFP

must not be construed as acceptance of an offer or imply the existence of a contract between

the parties. By submission of its proposal, tenderers shall be deemed to have satisfied

themselves with and to have accepted all Terms & Conditions of this RFP. The CSIR makes

no representation, warranty, assurance, guarantee or endorsements to tenderer concerning

the RFP, whether with regard to its accuracy, completeness or otherwise and the CSIR shall

have no liability towards the tenderer or any other party in connection therewith.

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DECLARATION BY TENDERER

Only tenderers who completed the declaration below will be considered for evaluation.

RFP No.: 3013/26/02/2016

I hereby undertake to render services described in the attached tendering documents to CSIR in

accordance with the requirements and task directives / proposal specifications stipulated in RFP

No.: 3013/26/02/2016 at the price/s quoted. My offer/s remains binding upon me and open for

acceptance by the CSIR during the validity period indicated and calculated from the closing date

of the proposal.

I confirm that I am satisfied with regards to the correctness and validity of my proposal; that the

price(s) and rate(s) quoted cover all the services specified in the proposal documents; that the

price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and

rate(s) and calculations will be at my own risk.

I accept full responsibility for the proper execution and fulfilment of all obligations and conditions

devolving on me under this proposal as the principal liable for the due fulfilment of this proposal.

I declare that I have no participation in any collusive practices with any tenderer or any other

person regarding this or any other proposal.

I accept that the CSIR may take appropriate actions, deemed necessary, should there be a

conflict of interest or if this declaration proves to be false.

I confirm that I am duly authorised to sign this proposal.

NAME (PRINT) ………………………….

CAPACITY ……………………….

SIGNATURE …………………………….

NAME OF FIRM ………………………….….

DATE ……………………………….

WITNESSES 1 …….……………………………

2 ……….………………………… DATE: .…………………………..

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CSIR:

Council for Scientific and Industrial Research

RFP No.: CSIR 3013/26/02/2016

Building 18 resurfacing courtyard

PART 1

Technical proposal:

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Section c returnable documents

30. List of returnable checklist

NOTE: The tenderer is required to complete each and every schedule listed above to the best of his ability as the

evaluation of tenders and the eventual contract will be based on the information provided by the tenderer.

Failure of a tenderer to complete the schedules and forms to the satisfaction of the employer will inevitably

prejudice the tender and may lead to rejection on the grounds that the tender is not responsive.

The tenderer must complete the following returnable documents:

Returnable documents – Returnable Schedules required only for tender evaluation

Purposes.

Record of Addenda to tender documents

Certificate of Authority

CSIR Supplier Registration Form

Proposed amendments and qualifications

Method Statement

Schedule of Proposed Subcontractors

Schedule of Plant and Equipment

Schedule of the Tenderer’s Experience

Certificate of Attendance at the Clarification Meeting

Schedule of Key Personnel

Curriculum Vitae of Key Personnel – Contract

Manager

Curriculum Vitae of Key Personnel – Safety

Officer

Curriculum Vitae of Key Personnel – Site Agent

Curriculum Vitae of Key Personnel – Site

Foreman

Tenderer’s Financial Standing

Contractor’s Health and Safety Declaration

Certificate of Contractor Registration with CIDB

Audited Financial Statements

Tax Clearance Certificate

Proposed Joint Venture Agreement

Proof of Compliance with COID Act

Registration Certificate / Agreement / Powers of

attorney / I.D. Document (If Applicable)

Returnable documents – Returnable Schedules that will be incorporated into the Contract.

Preliminary Programme

Amendments, Qualifications and Alternatives

Quality Plan

Addenda to the Tender Documents

Agreement and Contract Data

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Form of Offer and Acceptance

Form of Offer

Form of Acceptance

Schedule of Deviations

Contract Data

Contract Data CE (Contractor to Employer)

Contract Data EC (Employer to Contractor)

Forms of Securities

Form of Guarantee

Health and Safety Contract between Employer and

Contractor in terms of Section 37(2) of the

Occupational Health and Safety Act no. 85 of 1993

Health and Safety Contract: General Information Occupational Health and Safety Indemnity Undertaking

Pricing Data

Bills of Quantities

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31. RETURNABLE SCHEDULES

Record of Addenda to tender documents

We confirm that the following communications received from the Employer before the

submission of this tender offer, amending the tender documents, have been taken into account

in this tender offer:

Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

Attach additional pages if more space is required.

Signed Date

Name Position

Tenderer

RFP No.: 3013/26/02/2016 Building 18 Resurfacing Courtyard

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32. CERTIFICATE OF AUTHORITY

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.

(i)

COMPANY

(ii)

CLOSE

CORPORATION

(iii)

PARTNERSHIP

(iv)

JOINT

VENTURE

(v)

SOLE

PROPRIETOR

(i) CERTIFICATE FOR COMPANY

I, .................................................................... , chairperson of the Board of Directors of

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

attached) taken on ......................... 20......, Mr/Ms ..................................., acting in the capacity of

.........................................................., was authorized to sign all documents in connection with the

tender for RFP No.: CSIR 3013/26/02/2016 and any contract resulting from it on behalf of the

company.

Chairman:

As Witnesses: 1.

2.

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


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(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 RFP No.: CSIR 3013/26/02/2016 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 members upon

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


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(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 RFP No.: CSIR 3013/26/02/2016 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.


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(iv) CERTIFICATE FOR JOINT VENTURE

This Returnable Schedule is to be completed by joint ventures.

We, the undersigned, are submitting this tender offer in Joint Venture and hereby authorise

Mr/Ms, authorised signatory of the company .....

.......................................................................................................... , acting in the capacity of

lead partner, to sign all documents in connection with the 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 ...............................

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

Name .......................................

Designation ...............................

Note: This certificate is to be completed and signed by all of the key partners upon who

rests the direction of the affairs of the Joint Venture as a whole.


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(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: ...................................................................

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33. CSIR SUPPLIER REGISTRATION FORM

SECTION E

CHECKLIST FOR DOCUMENTS TO BE SUBMITTED TICK For Office

Use Only

a) Broad Based Black Economic Empowerment Certificate (B-BBEE)

Certificate and the accompanying scorecard issued by an Accredited

Verification Agency

b) Proof of ownership (i.e. CK /CK2/ Share Certificates)

c) Audited Annual Financial Statements (last three financial periods)

d) Latest Valid Original Tax Clearance Certificate

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34. PROPOSED AMENDMENTS AND QUALIFICATIONS

The Tenderer should record any deviations or qualifications he may wish to make to the tender

documents in this Returnable Schedule. Alternatively, a tenderer may state such deviations and

qualifications in a covering letter to his tender and reference such letter in this schedule.

The Tenderer’s attention is drawn to clause F.3.8 of the Standard Conditions of Tender

referenced in the Tender Data regarding the employer’s handling of material deviations and

qualifications.

Page Clause or

item Proposal

24

Signed Date

Name Position

Tenderer

25

35. METHOD STATEMENT

The Tenderer to attach hereto a Method Statement.

SIGNATURE: ............................................................... DATE:

(of person authorised to sign on behalf of the Tenderer)

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36. SCHEDULE OF PROPOSED SUBCONTRACTORS

We notify you that it is our intention to employ the following Subcontractors for work in this

contract.

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

us to submit the names of proposed Subcontractors in accordance with requirements in the

contract for such appointments. If there are no such requirements in the contract, then your

written acceptance of this list shall be binding between us.

We confirm that all Subcontractors who are contracted to construct a house are registered as

home builders with the National Home Builders Registration Council.

Name and address of

proposed Subcontractor Nature and extent of work

Previous experience with

Subcontractor

Signed Date

Name Position

Tenderer

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37. 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 or will acquire or hire for this contract if my/our tender is

accepted.

(a) Details of major equipment that is owned by and immediately available for this contract.

Quantity Description, size, capacity, etc.


(b) Details of major equipment that will be hired, or acquired for this contract if my/our tender is

acceptable. Tenderer to attach letter of understanding from the plant hire company.

Quantity Description, size, capacity, etc.


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Signed Date

Name Position

Tenderer

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38. SCHEDULE OF THE TENDERER’S EXPERIENCE

Employer:

Contact Person

and Telephone

Number

Consulting

Engineer: Contact

Person and

Telephone Number

Nature Of Work

Value of

Work

(Inclusive

of Vat)

Date

Completed or

Expected to

be Completed

Signed Date

Name Position

Tenderer

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39. CERTIFICATE OF ATTENDANCE AT CLARIFICATION MEETING

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 its surroundings 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. I/We also acknowledge that I/we have examined the

Site Data made available by the Employer.

Particulars of person(s) attending the meeting:

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

Capacity: ........................................................

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

Capacity: ........................................................

Attendance of the above person(s) at the meeting is confirmed by the Employer's

representative, namely:

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

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

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40. SCHEDULE OF 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

Unskilled Workers

Others

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


32

Curriculum Vitae of Key Personnel – Contract Manager

Provide separate forms for each position listed in Form: Key Personnel.

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 of person named in the schedule

Date

33

Curriculum Vitae of Key Personnel – Safety Officer


Safety Officer:



Qualifications:




Employment Record:


Certification:



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


Date

34

Curriculum Vitae of Key Personnel – Site Agent


Site Agent:



Qualifications:




Employment Record:


Certification:



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


Date

35

Curriculum Vitae of Key Personnel – Site FOREMAN


Site Agent:



Qualifications:




Employment Record:


Certification:



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


Date

36

41. TENDERER’S FINANCIAL STANDING

In terms of Clause F2.18.1 of the Conditions of Tender the Employer may make inquiries to

obtain a bank rating from the Tenderer's bank.

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 the project.

I/We furnish the following information and hereby authorise the Employer to approach the

Bank for a reference.

Name of Account holder: ...............................................................................................................

Name of Bank: Branch:

Account number: 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.

I/We agree, if required, to furnish a copy of the latest audited set of financial statements together

with my/our Director’s and Auditors’ report for consideration by the Employer.

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


37

42. 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 authorised 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 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 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 of the specific items listed in the tables hereafter.

(Tables to be completed by Tenderer)

TABLE 1: COST OF SAFETY PERSONNEL

27.1.1.1 PERSONNEL

COSTS AS

ALLOWED IN

TENDER

NOMINATED PERSON/S

Construction Supervisor

Construction Safety Officer

Health and Safety Representatives

Health and Safety Committee

38

TABLE 2: COST OF SAFETY EQUIPMENT

EQUIPMENT STATE

YES or NO

COST ALLOWED FOR IN

TENDER

Hard hats

Safety boots

Harnesses

Gas detectors

Add items as per risk assessment:

4. I hereby undertake, if my tender is accepted, to provide, before commencement of the

works under the contract, a suitable and sufficiently documented Health and Safety Plan in

accordance with Regulation 5 (1) of the Construction Regulations, which plan shall be

subject to approval by the Employer.

5. 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 and his Agents, visitors, and officials

and inspectors of the Department of Labour.

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 (Regulation 30) for failure on the Contractor's part to

comply with the provisions of the Act and 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.

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


39

43. CONTRACTOR'S CERTIFICATE OF REGISTRATION WITH CIDB

The Tenderer shall attach hereto the Contractor’s Certificate of Registration with CIDB. Failure to submit

the certificate with the tender document will lead to the conclusion that the Tenderer is not registered with

the CIDB and therefore not eligible to tender.

Tenderers who have made application to CIDB for registration and are capable of being so registered prior

to the evaluation of submissions must attach a notification from CIDB that their application is being

considered.

SIGNATURE: ............................................................... DATE:


40

44. AUDITED FINANCIAL STATEMENTS

The Tenderer shall attach hereto:

i) audited annual financial statement for 3 years, or for the period since establishment if

established during the last 3 years, if required by law to prepare annual financial

statements for auditing.

SIGNATURE: ............................................................... DATE:


41

45. TAX CLEARANCE CERTIFICATE

Tax Clearance Certificate obtained from SARS to be inserted here.

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 6 months

from date of issue. This Tax Clearance Certificate must be submitted in the original

with the tender that is before the closing time and date of the tender.

Each party to a Consortium/Joint Venture/Subcontractors must complete a separate Tax

Clearance Certificate.

Failure to submit an original and valid Tax Clearance Certificate, or certified copy thereof,

will invalidate the tender.

27.1.2

SIGNATURE: ............................................................... DATE:


42

46. PROPOSED JOINT VENTURE AGREEMENT

The Tenderer shall attach hereto a copy of the proposed Joint Venture Agreement (if

applicable) and completed Supplier Registration Form for each of the contracting parties

(if applicable).

If not a Joint Venture indicate as such on this page.

SIGNATURE: ............................................................... DATE:


43

47. PROOF OF COMPLIANCE WITH COID ACT

The Tenderer must attach hereto proof of compliance with the relevant requirements of

the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993).

SIGNATURE: ............................................................... DATE:


44

48. REGISTRATION CERTIFICATE / AGREEMENT / POWERS OF ATTORNEY

/ ID DOCUMENT (IF APPLICABLE)

Important note to Tenderer: Registration Certificates for Companies, Close Corporation and

Partnerships, or Agreements and Powers of Attorney for Joint

Ventures, or ID Document for Sole Proprietor, all as referred to in

the foregoing forms must be inserted here.

SIGNATURE: ............................................................... DATE:


45

49. 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 the Tender.

Date of Practical Completion: Friday 15 April 2016

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 the Form hereafter and supported by a detailed statement

to that effect, all as specified in the Tender Data.

SIGNATURE: ............................................................... DATE:


46

50. 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 the amendments, alternatives and discounts as set out in the tables

below:

(a) AMENDMENTS

PAGE, CLAUSE OR

ITEM NO

PROPOSED AMENDMENT

Notes: (1) Amendments to the General and Special Conditions of Contract are not acceptable;

(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.

47

(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.

(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 will be prejudiced.

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


48

51. QUALITY PLAN

The Tenderer shall attach to this page the Contractor’s Quality Control Plan covering the

project.

SIGNATURE: ............................................................... DATE:


49

52. ADDENDA TO THE TENDER DOCUMENTS

Copies of all Addenda to the tender documents which have been issued by the Employer will

be inserted here by the Employer.

SIGNATURE: ............................................................... DATE:


50

CSIR:

COUNCIL FOR SCIENTIFIC AND

INDUSTRIAL RESEARCH

RFP NO.: CSIR 3013/26/02/2016

BUILDING 18 RESURFACING COURTYARD

SCOPE OF WORK

51

53. SCOPE OF WORK

PROJECT SPECIFICATION

PS 1 DESCRIPTION OF THE WORKS PS 1.1 EMPLOYER’S OBJECTIVES

The objective of this contract is to resurface the courtyard and the access road to Building 18 on

the CSIR Brummeria campus, Pretoria.

This will be achieved by engaging a Contractor with a CIDB grading of 5CE or higher as the main

contractor.

PS 1.2 OVERVIEW OF THE WORKS

The Works comprise a number of individual but associated components. The intention is to carry

out the following works:

PS 1.3 SCOPE OF CONTRACT

Resurfacing of the access road to the building comprising the following:

Milling and removing of a 1m strip either side of the existing access road.

Cleaning and applying a tack coat to the existing asphalt surface.

Resurfacing the road with a 25mm medium grade asphalt layer.


Replacement of concrete surfacing in court yard comprising the following:

The demolition and removal of the existing concrete surfacing in the courtyard.

Preparation of in-situ roadbed bellow new concrete surfaces.

Placement of steel reinforcement and shuttering.

Casting of new concrete surfacing.

Saw cut and sealing of joints.


Lifting and relaying of existing paved areas.

PS 1.4 LOCATION OF THE WORKS

The site is located at the CSIR Campus, Pretoria.

PS 1.5 TEMPORARY WORKS

No Temporary works are envisaged under this contract.

52

PS 2 PRINCIPAL AGENT PS 2.1 EMPLOYER’S DESIGN

When and where specific reference is made or preference given to specified material, the

Tenderer shall include such as his main offer in the tender. Should the Tenderer fail to comply

with these requirements, this may lead to the disqualification of the tender submitted.

Tenderers are free to propose alternative material to that proposed by the principal agent and,

provided that technical data sheets with details of each alternative proposal are submitted with

the tender, such alternative proposals will be considered in the adjudication of a tender. Full

details of any changes must be included with the tender. The cost of any changes to the existing

design will be for the Contractor’s account where full details of the changes were not submitted

with the tender.

Where material other than that proposed by the principal agent is accepted, it will be the sole

responsibility of the Contractor to ensure repair work is compatible with the accepted material.

In case of the principal agent’s acceptance of an alternative proposal, the Contractor shall submit

in triplicate to the Engineer for his approval, detailed working drawings of the Contractor’s

alternative design proposal before any related work is executed.

An extension of Time for Completion of the Contract due to time spent on the alteration of the

tender drawings to suit the Contractor’s alternative proposals or due to time spent in obtaining the

principal agent’s approval of such alternatives, shall not be considered.

Acceptance of an alternative proposal or offer shall not relieve the Contractor of any of his

obligations in terms of the Contract. The Contractor’s cost of preparation and submission of an

alternative proposal shall be deemed to be included in the rates tendered for the execution of the

Work.

PS 2.2 DRAWINGS

The drawings that are issued for tender purposes are those noted below.

DRAWING

NUMBER DESCRIPTION REV

ARCHITECTURAL DRAWINGS

C2167-901 General Layout Plan 0

53

DRAWING

NUMBER DESCRIPTION REV

PS 4 CONSTRUCTION PS 4.1 APPLICABLE STANDARDS

National Building Regulation, SANS 1200, Standard Preamble to Trades.

PS 4.2 PROJECT SPECIFIC AMENDMENTS APPLICABLE TO THE SANS 1200

PSA GENERAL

The following variations are applicable to the standardised specification SANS 1200 A

General.

PSA 1 Measurement and Payment

PSA 1.1 Scheduled Fixed Charge and Value Related Items

PSA 1.1.1 Clause 8.3.2 – Facilities for Contractor

Sub-Clause 8.3.2.3

Add the following:

“The tendered sum shall include for all security measures required for protection of the

works and contractor’s facilities for the duration of the contract.”

PSA 1.2 Clause 8.6 – Prime Cost Items

PSA 1.2.1 Control tests

a) Prime cost item for control tests on road foundations by an outside laboratory as

ordered by the Engineer.

c) Not applicable

54

PSA 1.2.2 Signage

a) Prime cost item for signage for safety purposes to be erected on the site.

c) Not applicable

PSA 1.3 Occupational Health and Safety Act (Act No 85 of 1993)

Add the following:

A separate item will be allowed for the costs that the Contractor will incur to comply with

the requirements of the Occupational Health and Safety Act.

The unit of measurement will be a lump sum and the amount tendered must cover all

costs that the Contractor will incur in this regard.

PSA 1.4 Complying with the requirements of the Environmental Management Plan

Add the following:

Included in the appendix to this document, is the approved Environmental Management

Plan (EMP). The successful Tenderer must, at all times, comply with the requirements

of this plan.

A separate item has been allowed in the Schedule of Quantities to comply with the

above. The unit of measurement will be a lump sum. The amount tendered must cover

all the fixed charge costs that the Contractor will incur in this regard, as well as the time

related items.

PSA 1.5 Facilities to other Contractors

Refer also to Clause: Site Information

Add the following:

A separate item has been allowed in the Schedule of Quantities to work with and co-

ordinate activities with other Contractors, especially the Electrical Contractor on site.

The unit of measurement will be the lump sum. The amount tendered must cover all

the fixed charge costs that the Contractor will incur for the co-ordination of

programmes, liaison, the holding of co-ordination meetings and the distribution of

minutes, ensuring that the agreed handover dates to the Electrical Contractor are met

and working with other contractors. A time related item for the above will also be

measured in the Schedule of Quantities.

55

PSA 1.6 Checking of Erf Pegs

In this regard, refer to Clause: Site Information:

Add the following:

A separate item has been allowed in the Schedule of Quantities to comply with the

requirements of this item. The unit of measurement will be the lump sum. The

tendered amount must cover all the fixed charge costs that the Contractor will incur in

this regard, as well as the time related items.

PSA 2 CONSTRUCTION

PSA 2.1 Setting out of Works

The Contractor will be required to set out the works from the basic control points, erf

pegs and co-ordinates given on the drawings.

The cost of setting out the works as described above, should be included in item 8.4.3

of the Scheduled Time - Related items.

PSAB ENGINEER'S OFFICE

The following variations are applicable to the standardised specification SABS 1200 AB

- Engineer's Office.

PSAB 1 Materials

PSAB 1.1 Clause 3.1 - Name boards

No name board is required.

PSAB 1.2 Clause 3.2 - Office Buildings

No office is required for the Engineer.

PSAB 2 Plant

PSAB 2.1 Clause 4.1 - Telephone

No telephone is required by the Engineer.

PSAB 2.2 New Clause - Survey equipment

The following survey equipment shall be made available and be maintained in good

condition for the use of the Engineer for the duration of the Contract.

(a) One automatic surveyor's level with tripod, case and staff.

(b) 1 off nylon-coated steel surveyor's tape 100 m long and 10 mm wide.

(c) a survey book for levelling.

(d) 50 steel pegs, 300 mm long and 10 mm diameter

(e) Two skilled labourers to assist him with measurement from time to time.

56

Measurement and Payment

A lump sum will be provided to supply the above survey equipment for the duration of

the Contract. The maintenance of this equipment will be covered by the time related

costs.

PSC SITE CLEARANCE

The following variations are applicable to the standardised specification SABS 1200 C.

PSC 1 Construction

PSC 1.1 Clause 5.1 Areas to be cleared and grubbed

The following areas are to be cleared and grubbed and material to be disposed to

unspecified site:

1) The Contractor's construction camp site.

2) Road reserves. The full width of the road reserve and

3) Where pipes are to be laid a strip wide enough for the stock piling of excavated

material alongside the trench without the material being contaminated as well as

sufficient space for access for delivery of material.

PSC 2 Scheduled Items

PSC 2.1 Additional Item

Temporary Hoarding / Fencing of the works

Temporary hoarding or fencing, for security and safety reasons, must be erected along

the perimeter of the works as determined in conjunction with the Employer and the

Engineer. The temporary fencing must be 1.8m high with diamond mesh fencing and

the necessary posts and standards to ensure the fencing is securely kept in place. The

fencing must be covered with a good quality dense shade cloth to limit visibility into the

site. On completion of the contract, the fencing must be removed and the material

remains the property of the Contractor.

The unit of measurement for the temporary hoarding / fencing is the linear metre and

the rate tendered must allow for all material erection thereof, maintenance and removal

on completion of the contract.

SD EARTHWORKS

The following variations are applicable to the standardised specification SABS 1200 D.

PSD 1 Materials

PSD 1.1 Clause 3.1.2 Classes of Excavation

For the purposes of this contract, there will be two classes of excavation, namely soft,

and hard rock. Any other class of excavation mentioned in Clause 3.1.2 will be

regarded as soft excavation.

PSD 1.2 Clause 3.2.2 Material suitable for replacing overbreak

The material suitable for replacing overbreak must be compacted to the same degree of

density as that specified for the backfilling of the original excavation.

57

PSD 2 Construction

PSD 2.1 Clause 5.1.1.3 Explosives

No allowance for overbreak will be made and backfilling and compaction of overbreak

will be done at the Contractors expense.

PSD 2.2 Clause 5.1.4.3 Excavated Material

All excavated material, including top soil, loose stones and boulders, which are to be

removed during the tidying up of the site and which are unsuitable or are in excess for

the use in backfill or side fill, must be removed from site. The Contractor must provide

his own dumping site. The free haul distance mentioned later does not apply in this

case and the Tendered unit rate must make allowance for all travelling to dump excess

material.

PSD 2.3 Clause 5.2.5.1 Free haul

A free haul distance of 3.0 Km shall be applicable.

PSD 2.4 Clause 5.2.5.2 Overhaul

No overhaul shall apply.

PSD 3 Clause 8 – Measurement and Payment

PSD 3.1 Clause 8.3.4(a) – Importing of Materials from Commercial sources.

The rate shall not be an extra over and shall cover the total cost.

PSDM EARTHWORKS (ROADS, SUBGRADE)

The following variations are applicable to the standardised specification SABS 1200

DM.

PSDM 1 Materials

PSDM 1.1 Classification for Excavation Purposes

For the purposes of this contract, there will be two classes of excavation, namely soft

excavation and hard rock.

PSDM 1.2 Clause 3.2.2 Fill

Approved fill material shall have a minimum CBR of 15, at 93% of modified AASHTO

density, a minimum GM of 0,5 and a maximum PI of 3 GM + 12.

PSDM 1.3 Clause 3.2.3 Selected layer

Item a)

- maximum PI of 3GM + 10

Item b)

- minimum grading modulus of 0,75 for upper selected layer.

No grading modulus specified for lower selected.

Item c)(1)

-minimum CBR of 25 for natural material

58

Item c)(2)

- minimum CBR of 15 for natural material

PSDM 2 Construction

PSDM 2.1 Clause 5.2.2.2 Dimension of Cuts

Refer paragraph PSDM 1.3 for CBR. The Contractor will not be paid for overbreak

backfilling nor backfilling over - excavated sections.

PSDM 2.2 Clause 5.2.2.3(b) Cut to Spoil

Refer Paragraph PSD 2.2

PSDM 2.3 Clause 5.2.2.5 Disposal of surplus or unsuitable material

Refer Paragraph PSD 2.2

PSDM 2.4 Clause 5.2.4.2 Placing and Compaction

Delete paragraph d (3)

PSDM 2.5 Clause 5.2.4.2 Placing and Compaction

Under paragraph (d), pioneer layers to be constructed on the same basis as rock fill.

PSDM 2.6 Clause 5.2.8.2 Overhaul

No free haul distance shall be applicable and the tender rate shall include for all

transport of material where required.

PSDM 3 Tolerances

PSDM 3.1 Clause 6.2 Dimensions, Levels, etc

Degree of accuracy I will apply.

PSDM 4 Testing

PSDM 4.1 Clause 7.2 Process Control

The testing frequencies as set out in Table I shall apply. The costs of these tests are to

be included in the unit rates tendered for each layer.

PSDM 4.2 Clause 7.3.2 Density Testing

Values as set out in Table 2 should be used in evaluating the materials tested.

PSDM 5 Measurement and Payment

PSDM 5.1 Clause 8.2.5 Verifying Quantities

This clause will be strictly applied to this contract.

PSDM 5.2 Clause 8.3.4 Cut to fill and borrow to fill

The rate shall include the costs of temporary stockpiling should this be required as a

result of the Contractors' method of construction and works programme.

PSDM 5.3 Additional Item

Working off sidewalks, cuts and fills…………………………………………………….m²

59

The rate shall cover the cost to remove all stones larger than 25mm diam and work off

the sidewalk to a neat and even finish.

The width of the sidewalk to be worked off shall be from the back of kerb to road

reserve boundary.

PSGA CONCRETE (SMALL WORKS)

The following variations are applicable to the standardised specification SABS 1200

GA.

PSGA 1 Measurement and Payment

PSGA 1.1 Clause 8 Measurement and Payment

Concrete, formwork, reinforcement and brickwork will be measured in the Schedule of

Quantities in the applicable sections as required.

PSM ROADS (GENERAL)

The following variations are applicable to the standard specification SABS 1200 M.

PSM 1 Tolerances

PSM 1.1 Clause 6.2 Tolerances not cumulative

The thickness of the base and subbase shall not be less than the specified thickness.

PSM 2 Testing

PSM 2.1 Clause 7.2 - Process Control

Process Control tests for the sub grade earthworks, sub base and base to be carried

out by the Contractor at the frequencies stated and at the costs of the Contractor.

PSME SUBBASE

The following variations are applicable to the standard specification SABS 1200 ME.

PSME 1 Materials

PSME 1.1 Clause 3.1.2 Classes of Excavation

As for PSD 1.1.

PSME 1.2 Clause 3.2 Physical Properties

PSME 1.2.1 Clause 3.2.1 Subbase Material

Only approved imported material must be used for subbase. The imported material

must comply with the following requirements in its final compacted position in the road.

Requirement Un-stabilised Stabilised

Minimum grading modulus 1.5 1.5

Maximum plasticity index 10 6

Minimum in place density (Mod AASHTO

density)

95 95

Minimum UCS at in place density (kPa) - 750

60

PSME 2 Construction

PSME 2.1 Clause 5.5.6 Curing

After the curing as specified has been completed but not longer than 7 days after

completion of the subbase, the base material must be placed in position and spread

over the completed subbase.

PSME 3 Transport

PSME 3.1 Clause 5.7.1 Free haul

No free haul distance shall be applicable and the tender rates shall include for all

transport of material where required.

PSMJ SEGMENTED PAVING

The following variations are applicable to the standard specifications SABS 1200 MJ.

PSMJ 1 Materials

PSMJ 1.1 Clause 3.1.2

Road paving blocks shall be 80mm thick Infraset’s interlocking blocks or equal

complying with the following:

On roadways - 80mm Grey interlocking G-block

Pedestrian Pathways - 80mm Grey interlocking G-block

or to match existing

PSMJ 2 Materials

PSMJ 2.1 Clause 3.1.2 Class, Strength and Type

Class 25 MPa wet crushing strength.

PSMJ 2.2 Clause 3.3 Sand bedding and Jointing

An approved weed killer with a 1 year guarantee must be mixed into the bedding sand.

PSMJ 3 Scheduled Items

PSMJ 3.1 Clause 8.2.3 Cutting units to fit

No separate items will be scheduled for straight, raking and circular cutting. The length

measured will be the length of that part of the edge restraint where it is necessary to cut

the units to fit.

The rate shall cover the cost of cutting, waste of material, delays and disruption of the

programme.

PSMK KERBING AND CHANNELING

The following variations are applicable to the standard specification of SABS 1200 MK.

PSMK 1 Materials

PSMK 1.1 Clause 3.2.2 Curved Kerbing

61

The nominal length of kerbing at intersections shall be 300 mm.

PSMK 1.2 Clause 3.7 Concrete

All concrete for in situ kerbing and edge restraints shall be 25/19, whilst precast kerbing

shall be Class 30/19.

PSMK 2 Construction

PSMK 3 Measurement and Payment

PSMK 3.1 Clause 8.2.7 Trimming of excavations

Refer to PSD 1.1 for classification of excavations.

PSMK 3.2 Clause 8.2.8 Cast in situ concrete lining

The rate shall also include the cost of the surface finishing.

PSMM ANCILLARY ROADWORKS

The following variations are applicable to the standard specification of SABS 1200 MM.

PSMM 1 Construction

PSMM 1.1 Clause 5.2.5 Dismantling of Road Signs

Where indicated on the drawings, the Contractor shall dismantle and dispose of existing

road signs.

PSMM 2 Measurement and Payment

PSMM 2.1 Clause 8.3 Scheduled Items for Permanent Road Signs

All road signs will be measured as per number of signs installed. The rate shall cover

the cost of supplying and erecting the completed sign and post with brackets, painting,

excavation and backfilling included, all to the approval of the Engineer and the City of

Tshwane.

PSMM

2.2 Additional Item

Removal of existing road markings

Remove existing road markings:

a) Lines, any thickness and

colour…………………………………………………………m

b) Characters, symbols and letters, any type and colour………………………No

c) Traffic Island

Markings……………………………………………………………………..m²

The rate shall cover the cost to remove and obliterate existing road marking by

sandblasting.

62

PS 4.3 Way Leaves, Permissions and Permits

The Contractor shall be responsible for obtaining all of the necessary way leaves, permissions or

permits applicable to working near any existing services or other infrastructure on Site, and shall

ensure that any way leaves, permissions or permits obtained by the Employer’s Agent prior to the

award of the contract are transferred into the Contractor’s name.

The Contractor shall abide by any conditions imposed by such way leaves, permissions or

permits.

The Contractor shall ensure that all way leaves, permissions and permits are kept on site and are

available for inspection by the relevant service authorities on demand.

The Contractor shall also ensure that any way leaves in respect of electricity services are

renewed timeously.

PS 6 MANAGEMENT PS 6.1 PLANNING AND PROGRAMMING

PS 6.1.1 General

This clause describes the requirements for the preparation, submission, updating and revision of

the programme for the works.

The programme shall be used by the Contractor to plan and execute the works. The programme

shall also be used by the Principal Agent to monitor progress and be the sole basis for the

assessment of revisions of the date for Practical Completion.

The programme shall be produced by the contractor as follows:

a) A programme for the totality of the works shall be submitted to the principal agent for

acceptance. If the principal agent does not accept such programme, it shall be revised and

amended until it is accepted by the principal agent. This programme will then be regarded

as the baseline programme.

b) This baseline programme shall be updated with actual progress on a monthly basis, or any

more frequent basis as necessitated by construction events. The contractor may submit to

the principal for acceptance revisions to the baseline programme.

c) Acceptance by the Principal Agent of any programme submitted by the contractor does not

make such programme a contract document, nor does it mandate that the works shall be

constructed strictly in accordance therewith. The contractor at all times remains

responsible for the construction of the works.

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PS 6.1.2 Submission of Programme

Within ten (10) working days of being given possession of the site the Contractor shall submit to

the Principal Agent for his review and acceptance a programme for the whole of the works

showing the order in which the contractor proposes to execute the works. This programme

becomes the baseline programme upon acceptance by the Principal Agent. The baseline

programme shall have regard to the contract completion dates, any other milestones and any

restraints set out in the contract. Thereafter, if the actual progress does not conform to the

baseline programme, the Principal Agent is entitled to require the Contractor to submit a revised

programme showing the order of activities necessary to ensure completion of the works by the

contract completion dates.

The Contractor shall supply the Principal Agent with an electronic copy of each programme,

together with a printout bar chart or tabular report in a pre-agreed format. All programmes shall

be prepared and submitted using Microsoft Project software.

Within ten (10) working days of the Contractor submitting a programme complete with all the

information required by this clause to the Principal Agent for acceptance, the Principal Agent will

accept the programme or state reasons for not accepting the programme. If such reasons are

given, the Contractor shall take account of the reasons and resubmit the programme within five

(5) working days.

If the Principal Agent fails to act the programme is deemed to be rejected.

PS 6.1.3 Default in submission of Programs

Should the Contractor fail to submit a programme for acceptance as the baseline programme or

not update the programme as described above, the Principal Agent shall be entitled to withhold

25% of the amount due to the Contractor in interim payment certificates until the Contractor has

complied with its obligations in this regard.

PS 6.2 HEALTH AND SAFETY

PS 6.2.1 Health and Safety Specification

In terms of the Occupational Health and Safety Act (Act 85 of 1993) (OHSA) and the Construction

Regulation 2014, the Client must provide the Contractor with a Health and Safety Specification to

which the Contractor must respond with a Health and Safety Plan for approval by the Client.

The purpose of this Specification is to ensure that Principal Contractors entering into a contract

with the Employer maintain an acceptable level of performance with regard to health and safety

issues during the performance of the contract. In this regard the OHSA Specification form an

integral part of the Contract and the Principal Contractor shall ensure that their contractors and/or

suppliers comply with the requirements of this Specification.

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PS 6.3 CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN (CEMP)

It is a requirement that all construction work be undertaken in accordance with the Construction

Environmental Management Plan (CEMP).

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CSIR:


INDUSTRIAL RESEARCH

RFP No.: 3013/26/02/2016


SITE INFORMATION

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54. SITE INFORMATION

GENERAL

This section describes the site at the time of tender to enable the tenderer to price his tender and to

decide upon his method of working, programming and risks.

1. SITE LOCATION

Building 18 is located within the CSIR CAMPUS, MEIRING NAUDE ROAD, BRUMMERIA, PRETORIA,

GAUTENG.

Access to the site is via secondary roads. The access to the site with restrictions will be discussed at

the compulsory site inspection. The contractor is to cordon off and signpost accordingly. This shall be

negotiated and agreed with the Principal Agent after the acceptance of the tender.

2. ACCESS TO SITE AND RESTRICTIONS

The site is easily accessible from the access gate. The access to the site with restrictions will be

discussed at the compulsory site inspection.

The works and lay down area will be sufficient for construction purposes. The site is an existing site and

will be in operation during construction. The contractor will be restricted to the allocated site and access

routes in order not to interfere with the health, safety and operations of persons not involved with the

construction. The work space, lay down area and restrictions will be discussed at the compulsory site

inspection

The Contractor may not operate any valves or any other equipment currently in use on the works

without written permission from the Works Manager.

3. EXISTING SERVICES, SERVITUDES AND WAY LEAVES

Approximate positions of existing underground services are indicated on the construction drawings. The

services must be located by hand and any deviation of the positions of such services must be reported

to the Engineer immediately. Should the Contractor find underground services, which are not indicated

on the construction drawings at all, the Engineer must be notified immediately. In both cases the

Engineer shall assess the situation and instruct the Contractor on an appropriate course of action to be

taken.

Should the contractor damage an existing service he shall immediately contact the Engineer who will

investigate the matter and determine liability for the damage.

No permits or way leaves will be required by the contractor. The Client will administer this as and when

required.

4. EXISTING AND ADJACENT BUILDINGS AND STRUCTURES

The following existing and adjacent buildings are on site:

Existing building – Double storey Laboratory

Existing building – Office block – 4 storeys high

Sundry External buildings

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The contractor should take care in the execution of his work not to damage the items mentioned above.

5. SECURITY

The Contractor shall be responsible for the security of his personnel; materials and construction plant on

and around the site of the works and for the security of his camp, and the Client in this regard will

consider no claims.

6. NATURE OF GROUND AND SUBSOIL CONDITIONS

Will be made available by Principal Agent.

7. GEOTECHNICAL REPORT

No Geotechnical report is available.

8. HYDROLOGICAL REPORT AND FLOODLINES

Not applicable to this contract.

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CSIR:


INDUSTRIAL RESEARCH

RFP No.: CSIR 3013/26/02/2016


Addendum A - Drawings

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CSIR:


INDUSTRIAL RESEARCH

RFP NO.: CSIR 3013/26/02/2016


OCCUPATIONAL HEALTH AND SAFETY

SPECIFICATION AND

ENVIRONMENTAL MANAGEMENT PLAN

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SPECIFICATION CONTROL SHEET PROJECT NAME: BUILDING 18 RESURFACING COURTYARD DECLARATION This original document has been prepared, reviewed and received by the undersigned:

ORIGINAL CLIENT

Prepared by: Approved by: Reviewed by: Commented on by:

Name: Name: Name: Name:

Signature: Signature: Signature:

Signature:

Date: Date: Date: Date:

Capacity: Capacity: Capacity: Project

Manager Capacity: Client

PRINCIPAL CONTRACTOR RECEIPT

Received by:

Name:

Signature:

Date:

Capacity:

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REVISIONS

REVISION 1 COMPANY

Prepared by: Reviewed by: Received by:

Name: Name: Name:


Date: Date: Date:

Capacity: Agent Capacity: Agent Capacity:

REVISION 2 COMPANY

Prepared by: Reviewed by: Received by:

Name: Name: Name:


Date: Date: Date:

Capacity: Capacity: Capacity:

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APPLICATIONS AND INTERPRETATION

This document is to be read and understood in conjunction with the following, inter- alia:

Occupational Health and Safety Act 85 of 1993 (OHS Act).

All regulations published in terms of the OHS Act.

Construction Regulations, 2003.

SABS codes referred to by the OHS Act.

Contract Documents

Basic Conditions of Employment Act (Act 75 of 1997)

National Environmental Management Act 107 of 1998 and all Regulations

Compensation for Occupational Injuries and Diseases (COID) Act No. 130 of 1993

ABBREVIATIONS

OHS

Occupational Health and Safety

CEO

Chief Executive Officer

CR :

Construction Regulations

HCS :

Hazardous Chemical Substances

MSDS

Material Safety Data Sheet

AIA :

Approved Inspection Authority

HBA :

Hazardous Biological Agents

OEL :

Occupational Exposure Limit

CSIR

Council for Scientific and Industrial Research

H&SS :

Health and Safety Specification

HS&EP :

Health, Safety and Environmental Plan

HS&EF :

Health, Safety and Environmental File

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DEFINITIONS

The following definitions from the Occupational Health and Safety Act are listed as follows:

Chief Executive Officer

In relation to a body corporate or an enterprise conducted by the State, means the person who is

responsible for the overall management and control of the business of such body corporate or

enterprise.

Danger

Means anything that may cause injury or damage to persons or property.

Employee

Means, subject to the provisions of Subsection (2), any person who is employed by or works for any

employer and who receives or is entitled to receive any remuneration or who works under the direction

or supervision of an employer or any other person.

Employer

Means, subject to the provisions of Subsection (2), any person who employs or provides work for any

person or remunerates that person or expressly or tacitly undertakes to remunerate him, but excludes a

labour broker as defined in Section 1(1) of the Labour Relations Act, 1953 (Act No. 28 of 1956).

Healthy

Means free from illness or injury attributable to occupational causes.

Machinery

Means any article or combination of articles assembled, arranged or connected and which is used or

intended to be used for converting any form of energy to performing work, or which is used or intended

to be used, whether incidental thereto or not, for developing, receiving, storing, containing, confining,

transforming, transmitting, transferring or controlling any form of energy.

Medical Surveillance

Means a planned programme of periodic examination (which may include clinical examinations,

biological monitoring or medical tests) of employees by an occupational health practitioner or, in

prescribed cases, by an occupational medicine practitioner.

Plant

Includes fixtures, fittings, implements, equipment, tools and appliances, and anything which is used for

any purpose in connection with such plant.

Properly Used

Means used with reasonable care, and with due regard to any information, instruction or advice supplied

by the designer, manufacturer, importer, seller or supplier.

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User

In relation to plant or machinery, means the person who uses plant or machinery for his own benefit or

who has the right of control over the use of plant or machinery, but does not include a lessor of, or any

person employed in connection with, the plant or machinery.

Reasonably Practicable

Means practicable having regards to:

a) the severity and scope of the hazard or risk concerned,

b) The state of knowledge reasonably available concerning that hazard or risk and of any means to

remove or mitigate that hazard or risk.

c) the availability and suitability of means to remove of mitigate that hazard or risk; and

d) The cost of removing or mitigating that hazard or risk in relation to the benefits deriving there from.

Risk

Means the probability that injury or damage will occur.

Safe

Means free from any hazard.

Standard

Means any provision occurring:

a) in a specification, compulsory specification, code of practice or standard method as defined in

Section 1 of the Standards Act, 1993 (Act No. 29 of 1993); OR

b) in any specification, code or any other directive having standardization as its aim and issued by

an institution or organization inside or outside the Republic which, whether generally or with

respect to any particular article or matter and whether internationally or in any particular country or

territory, seeks to promote standardization.

The following definitions from the Construction Regulations are listed as follows:

Agent

Means any person who acts as a representative for a client.

Competent Person

Means any person having the knowledge, training, experience and qualifications specific to the work or

task being performed:

Provided that where appropriate qualifications and training are registered in terms of the provisions of

the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995), these qualifications and

training shall be deemed to be the required qualifications and training.

Construction

Means any work in connection with:

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a) the erection, maintenance, alteration, renovation, repair, demolition or dismantling of or addition to

a building or any similar structure;

b) the installation, erection, dismantling, or maintenance of a fixed plant where such work includes

the risk of a person falling;

c) the construction, maintenance, demolition or dismantling of any bridge, dam, canal, road, railway,

runway, sewer or water reticulation system or any similar civil engineering structure; OR

d) the moving of earth, clearing of land, the making of an excavation, piling or any similar type of

work.

Contractor

Means an employer, as defined in Section 1 of the Act, who performs construction work and includes

principal contractors.

Hazard Identification

Means the identification and documenting of existing or expected hazards to the health and safety of

persons, which are normally associated with the type of construction work being executed or to be

executed.

Health, Safety Environment File

Means a file, or other record in permanent form, containing the information required as contemplated in

these regulations.

Health, Safety and Environment Plan

Means a documented plan, which addresses hazards and aspects, identified and includes safe work

procedures to mitigate, reduce or control the hazards and aspects identified.

Health and Safety Specification

Means a documented specification of all health and safety requirements pertaining to the associated

works on a construction site, so as to ensure the health and safety of persons.

Method Statement

Means a document detailing the key activities to be performed in order to reduce as reasonably as

practicable the hazards identified in any risk assessment.

Principal Contractor

Means an employer, as defined in Section 1 of the Act who performs construction work and is appointed

by the client to be in overall control and management of a part of or the whole of a construction site.

Risk Assessment

Means a program to determine any risk associated with any hazard or aspect at a construction site, in

order to identify the steps to be taken to remove, reduce or control such hazard.

DESCRIPTION OF WORK Refer to schedule as per contract.

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DESCRIPTION OF THE SITE Refer to Site Information.

APPLICATION OF THE CONSTRUCTION REGULATIONS 2003 The intended construction work falls within the scope of “construction work” as defined in the

Construction Regulations, 2003 made under the Occupational Health and Safety Act 1993, as amended

(“OHS Act”).

NOTIFICATION OF CONSTRUCTION WORK

The principal Contractor shall notify by registered mail, the local relevant Provincial Director of the

Department of Labour, before commencing with construction work, of the intended work in the

form of Annexure A of the Construction Regulations.

A copy of the completed Annexure A of the Construction Regulations, as well as proof of

notification shall be included in the Health, Safety and Environmental Plan. (Proof of fax or

proof of hand delivery)

A copy of the completed Annexure A is to be kept on site by the Principal Contractor.

LEGAL DOCUMENTATION/APPOINTMENTS The following documents must be provided in the Health, Safety and Environmental (HSE) Plan:

Health and Safety Policy signed by CEO or statement of commitment to SHE

Letter of good standing with the Compensation Commissioner, Federated Employers or similar

insurer.

HSE Organogram (or table), outlining the HSE Team, as well as the appointment(s) they have

under the Act and Regulations (reference to specific section/regulation applicable to appointment)

The competency of each member of the HSE Team must be provided and should include

knowledge, training, experience & qualifications specific to the appointment.

Signed copies of the following legal appointments must be provided in the Health, Safety and

Environmental Plan:

APPOINTMENT OHS-ACT / REGULATION REFERENCE

Section 16.2 appointment Section 16.2

HSE Representative (if necessary) Section 17

Incident Investigator GAR 9(2)

First Aiders GSR 3

Fire Fighters ER 9 & CR 27(h)

Risk Assessor HCS Reg (Incl. Asbestos & Lead); CR 7

The following information must be provided in the HSE Plan:

Indicate the estimated number of employees to be working on site.

Indicate the expected number of sub-contractors to be appointed by the Principal Contractor.

The following competent persons, where applicable, shall be appointed in writing by the Principal

Contractor, prior to any work being carried out, and shall adhere to the requirements of the specific sub-

regulations.

The competency of each of these appointed competent persons must be provided and should

include knowledge, training, experience & qualifications specific to the appointment.

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The table below indicates the applicability of the appointments but contractors should by no means be

limited to these indications.

APPOINTMENT

OHS-ACT /

REGULATION

REFERENCE

Construction Supervisor CR 6 (1)

Assistant Construction Supervisor CR 6 (2)

Fall Protection Competent Person CR 8 (1)

Formwork/ Support Work Competent Person CR 10 (a)

Excavation Work Competent Person CR 11 (1)

Demolition Work Competent Person CR 12 (1)

Scaffolding Competent Person CR 14 (2)

Material Hoist Competent Person CR 17

Explosive Powered Tools Competent Person CR 19 (b)

Construction Vehicle and Mobile Plant Competent Person CR 21 (1)(j)

Electrical Installation Competent Person CR 22 (d)

Stacking Competent Person CR 26 (a)

Fire equipment Competent Person CR 27 (h)

Confined Spaces Competent Person GSR (5)

Blasting Competent Person

Safety Officer CR 6(6)

Traffic Safety Officer CR 6(6)

General Machinery Competent Person GMR (2)

Lifting Machines Operators DMR 18(11)

Hazardous chemical substance coordinator HCSR

Indicate in the HSE Plan, which of these listed appointments are applicable to the

construction work in question.

No work involving any of the listed appointments may be performed without the knowledge and

approval of an appointed competent person.

GENERAL DUTIES OF PRINCIPAL CONTRACTOR The principal contractor will be responsible for co-operation between all contractors to ensure

compliance to the OHS –Act and Regulations on site.

To ensure the above, the Principal Contractor must carry out the following and provide proof of

such in his HSE plan:

o Proof that Contractors HSE Plan has been approved, implemented and maintained.

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o Proof that Contractors are registered with the Compensation Commissioner or similar

insurer.

o A comprehensive & updated list of all contractors on site, also indicating the type of work

being done.

DESIGNER GENERAL DUTIES The designer of a structure must comply with CR 9(2) and in particular ensure that cognizance is taken of ergonomic design principles in order to minimize ergonomic related hazards in all phases of the life cycle of the structure such as maintenance and cleaning after completion and commissioning of the structure.

POTENTIAL SOURCES OF RISK The following potential sources of risk to the health and safety of persons on site have been identified,

and must, as a minimum, be appropriately addressed by the Principal Contactor’s HSE Plan. In addition,

the Principal Contractor must perform its own risk assessments to enable it to take precautions to

protect the health and safety of persons on site, to comply with the Principal Contractor’s obligations

under the Act and all Regulations made there under, including the Construction Regulations. All such

precautionary measures and procedures must be included in the Principal Contactor’s HSE Plan, which

must be submitted to the Client for review and approval and where applicable should include:

Noise

Potential presence of asbestos that forms part of the structure (cement fibre)

Dust

Working at height (fall protection)

Drilling ( Breaking of walls )

Formwork and support work

Scaffolding

Construction vehicles and mobile equipment

Electrical installations and electrical machinery

Housekeeping

Stacking and storage practices

Fire risks and fire precautions

Use of jackhammers

Hot work (steel cutting and welding)

Portable electrical tools

Intoxicated persons on site

Use of ladders

Impact of construction work upon occupants of buildings not evacuated for the duration of the

work

The risk assessment to be included in the HSE Plan must clearly indicate:

o The methodology used to do the risk assessments.

o Breakdown of processes and activities covered.

o Subsequent hazards identified

o Risk calculations (considering consequence, frequency and likelihood)

All risk assessments are to be conducted by a competent person as appointed under paragraph 5

of this document. The plan must include a declaration in this regard or the risk assessment must

contain the signature(s) of this appointed persons.

Risk assessments are to cover safety as well as health hazards and shall include

environmental risks.

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The contractor must be provided with available information about site services and their location,

e.g. underground services by the CSIR Project Manager. The CSIR Project manager must further

provide any information about ground conditions and underground structures or water courses,

such as culverts, where this might affect the safe use of plants such as cranes or the safety of

groundwork e.g. in the construction of trenches.

SAFE WORK PROCEDURES Health and Safety

The following Safe Work Procedures are to form part of the HSE Plan and must be compiled for all the

above-identified activities, and that is:

Removals / demolitions

Resurfacing of roads

Casting of concrete

Construction waste management

The safe work procedures must address the following elements:

The work method to be followed to conduct work safely

Control measures implemented to mitigation & reduce the risks

Responsibilities of competent persons

Required personal protective equipment

Correct equipment/tools/machinery to be used

Completed Risk Registers

Completed Risk Assessments

Environment

Pollution

Any impacts on the environment must be minimized, environmental pollution prevented, efficient use

of natural resources and conserving biodiversity during the duration of the contract.

Resource use

Consideration must also be taken for the following;

Waste minimization

Energy and water efficiency

Prevention of water and soil contamination

Managing air emissions

SAFETY OF PEDESTRIANS Access to the construction site must be cordoned off as much as possible in all work areas.

All excavations are to be fenced / barricaded to prevent access by public / pedestrians.

Work must be planned in such a manner as to ensure that the minimum amount of trenches are left

open after hours or during weekends.

No trenches in which water has accumulated may be left open.

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REGISTERS

Examples of the registers listed below must be provided in the HSE Plan.

All registers must be available at the site offices at all times for inspection.

The list of registers to be kept is by no means exhaustive and the HSE Plan should list all the

registers that are applicable and at what frequency they are going to be maintained.

ACTIVITY FREQUENCY FORMAT

Form work / Support work Daily, prior to any shift

Excavation work

Daily, prior to any shift, after rain or

blasting or after unexpected fall of

ground

Scaffolding Daily, prior to any shift, after rain or

blasting.

Material hoist Daily

Batch plants N/A

Explosive powered tools N/A

Crane(s) logbook N/A

Construction vehicles and

mobile plant Daily

Temporary electrical installation Weekly

Stacking Weekly

Ablution facilities Weekly

Ladders Weekly

Incident register in terms of

GAR 9 As Required Annex 1 of GAR

Fall protection equipment Daily

Portable electrical tools Weekly

Suspended platforms Daily

Accommodation of traffic Daily

Firefighting equipment Monthly

Hand tools Weekly

TRAINING

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Each Health, Safety and Environmental Plan shall indicate the following regarding training:

A copy of the content to be used for Induction training.

Attendance registers must be included as proof of training provided for:

o Induction training

o Safe work procedure training

o Risk assessment outcome training

Method of informing visitors and other persons entering the site of hazards prevalent on site.

Method of providing personal protective equipment to visitors and non-employees.

Methodology to be used in the issuing and communication of written instructions/safe work

procedures.

HEALTH AND SAFETY AUDITS AND INSTRUCTION REGISTER Health and safety audits will be conducted by the client at intervals mutually agreed between the

client and principle contractor but at least monthly All Health and Safety instructions will be given

via the Safety Office in writing

The Principal Contractor shall be required to sign the instruction to acknowledge any instructions

issued and rectify the deviations.

GENERAL REQUIREMENTS Personal Protective Equipment

The procedures for issuing and control over PPE shall be indicated in the HSE Plan, as well as the

enforcement for the wearing thereof.

Hired Plant

The responsibility for the safe condition and use of all hired plant shall be that of the contractor.

Transport of Employees

Transport of employees shall be carried out in terms of the National Road ordinances. The HSE Plan

shall detail the arrangements and methods of the transportation of workers.

Signs

The Principal Contractor shall indicate in his HSE Plan the arrangements regarding the posting of

danger signs.

Certificates of fitness

The Principal Contractor shall include in his HSE Plan copies of all employees that require medical

fitness certificates under the following regulations where applicable:

CR 8 – Fall Protection (roof work or working from scaffolding)

Crane operator ( not applicable)

Site Visitors Register

A site visitor’s register is to be kept on site and steps are to be taken to ensure that all visitors sign

the visitors’ register before entering the site.

A sign should also be provided directing all visitors to report to the site office.

Housekeeping

CR 25 shall be complied with regarding sustained provision of good housekeeping, stacking and

storage practices.

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Chutes shall be used for waste and debris removal from high places.

The site shall be suitably cordoned off and access controlled.

Catch platforms or nets shall be used where necessary.

HAZARDOUS CHEMICAL SUBSTANCES In addition to the requirements in the HCS Regulations, the principal contractor must provide proof in the

HSE Plan that:

Material Safety Data Sheets (MSDS’s) of the relevant materials/hazardous chemical substances

are available prior to use by the contractor. Mention should be made how the principal contractor

is going to act according to special/unique requirements made in the relevant MSDS’s. All

MSDS’s shall be available for inspection by the client at all times.

Risk assessments must be done for this construction project.

Exposure monitoring where required shall be undertaken by an AIA and that the medical

surveillance programme is based on the outcomes of the exposure monitoring.

How records are going to be kept safe for the stipulated period of 30 years.

How the relevant HCS’s are being/going to be controlled by referring to:

o Limiting the amount of HCS

o Limiting the number of employees

o Limiting the period of exposure

o Substituting the HCS

o Using engineering controls

o Using appropriate written work procedures

The correct PPE is being used.

HCS are stored and transported according to SABS 072 and 0228.

Training with regards to these regulations was given.

The HSE Plan should make reference to the disposal of hazardous waste on classified sites and

the location thereof (where applicable).

ASBESTOS Given the age of our buildings within the CSIR, it is assumed that asbestos may well form part of the

structure of our buildings. Where refurbishment is going to occur, it must be established through

sampling whether asbestos forms part of the structure or not before proceeding with any building work.

If asbestos is present, the following must be included in the HSE plan.

Notification to the Provincial Director in writing, prior to commencement of asbestos work.

Proof of a structured medical surveillance programme, drawn up by an occupational medicine

practitioner.

Proof that an occupational health practitioner carried out an initial health evaluation within 14 days

after commencement of work.

Copies of the results of all assessments, exposure monitoring and the written inventory of the

location of the asbestos at the workplace.

Only proof that medical surveillance has been conducted and not the actual medical records as

these are of a confidential nature.

How records are going to be kept safe for the stipulated period of 40 years.

Proof that asbestos demolition (if applicable) is going to be done by a registered asbestos

contractor and provide proof that a plan of work for such demolition is submitted to an Approved

Asbestos Inspection Authority 30 days prior to commencement of the demolition.

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Provide proof that the plan of work was approved by the asbestos AIA and submitted to the

provincial director 14 days prior to commencement of demolition work together with the approved

standardised procedures for demolition work.

NOISE INDUCED HEARING LOSS Where noise is identified as a hazard the requirements of the NIHL regulations must be complied with

and the following must be included/ referred to in the HSE Plan:

Proof of training with regards to these regulations.

Risk assessment done within 1 month of commencement of work.

That monitoring carried out by an AIA and done according to SANS 083.

Medical surveillance programme established and maintained for the necessary employees.

Control of noise by referring to:

o Engineering methods considered

o Admin control (number of employees exposed) considered

o Personal protective equipment considered/decided

LIGHTING Where poor or lack of illumination is identified as a hazard the lighting regulations must be complied with

and the following must be included in the HSE Plan:

How lighting will be ensured/ provided where daylight is not sufficient and /or after hours are

worked.

Planned maintenance programme for replacing luminaries.

Proof of illumination levels of artificial illumination equipment.

FALL PROTECTION In addition to the requirements of this regulation (CR 8) the following shall apply:

The fall protection plan for all roof work is to be prepared by a competent person referred to in

Section 8 of this document. This competent person must sign the fall protection plan.

Contents of the fall protection plan must cover all the requirements as stated in sub-regulation CR

8.

The level of supervision is to be stated in the fall protection plan.

Medical certificates, work near edges, presence of dew, dangerous walking areas etc. should be

addressed in the fall protection plan. Inclement weather conditions must be provided for in the fall

protection plan.

HEALTH AND SAFETY PHILOSPHY The client is required to ensure a working environment which, as far as reasonably practicable, is safe

and without risk to the health persons on the site.

Contractor health and safety management system

The Principal Contractor will ensure and demonstrate to the Client that he, and all contractors to be

appointed on this construction project, has adequately allowed for the cost of health and safety

measures which may be required during the construction work.

Client’s Health and Safety Department

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The Clients Safety Department will visit the site regularly to monitor and audit the execution of the

contractor’s HSE Plans on behalf of the Client, without thereby limiting the contractor’s own

responsibility for health and safety, or attracting any vicarious responsibility or liability for the contractor’s

acts or omissions.

Occupational Health and Safety Act Section 37(2) agreements

The Principal Contractor as well as all contractors must sign the Client’s Section 37(2) agreement before

commencement of their particular work.

Contractor Health, Safety and Environmental Plans

Each contractor and sub-contractor working on the site must prepare a Health, Safety and

Environmental Plan to address and manage all applicable sources of risk as per items under Section 11

of this specification as well as any other sources of risk which are identified during the contractor’s own

risk assessment. The Principal Contractor shall incorporate these into a single Health, Safety and

Environmental plan for the execution of the entire contract works. Should any further risks be identified

in the course of the construction work, such risks must be assessed and addressed in amended Health,

Safety and Environmental Plans which must then be submitted to the Client for approval.

The Health, Safety and Environmental Plan must also address the following matters:

Procedures for compliance with all requirements of the OHS Act and in particular

Sections 8 and 9 of the Act.

Undertaking and procedure to stop any work which endangers the safety or health of any

person.

Systems for recording and reporting of incidents both internal and external to the Department

of Labour.

Copy of the Act and its Regulations to be kept on the site and to be readily available to

employees.

Incident registers to be kept on the site.

Employment and appointment of any people who are competent and have the necessary

knowledge, training, qualifications and experience to perform the required construction work

safely and effectively.

Procedures and arrangements for first aid facilities on the site.

Procedures and arrangements for prompt reporting of injuries and other losses/incidents.

Emergency plans to deal effectively with potential site emergencies.

Use of effective processes for the identification and close out of root causes of incidents and

accidents.

Attendance by all contractors of monthly site health and safety meetings.

Demonstration by all contractors of their health and safety monitoring and auditing system to

ensure compliance with their Health, Safety and Environmental Plans, as part of their Health,

Safety and Environmental Plans.

If construction work is going to be undertaken while the building is still occupied, methods of

limiting the impact upon occupants wrt noise, dust and other nuisance factors.

Attachments these will vary from job to job but could well include the following:

Client’s OHSA Section 37(2) agreement for Principal Contractor.

Client’s OHSA Section 37(2) agreement for contractor.

Occupational Health and Safety Protocol.

85

General

Nothing contained in or omitted from this Health and Safety Specification, or the HSE Plan based

on this specification, shall relieve the Principal Contractor of any of its obligations or liabilities.

The client shall not be liable for any civil claim because of anything contained in or omitted from

this Health and Safety Specification.

86

AGREEMENT ON OCCUPATIONAL HEALTH AND SAFETY

IN TERMS OF SECTION 37(2) OF THE

OCCUPATIONAL HEALTH AND SAFETY ACT NO 85 of 1993

ENTERED INTO AND BETWEEN

CSIR

(Hereinafter referred to as “the company”)

AND

PRINCIPAL CONTRACTOR / SUB-CONTRACTOR

(Hereinafter referred to as “the contractor”)

Registration Number of the contractor/ sub-contractor with the Compensation Commissioner:

(Certificate of Good Standing is to be attached by contractor)

Whereas the company has called under order no.

for the executing of the following work:

("the work") at

(address), ………………………………………………………………………………..and whereas the

contractor on (date) ………… undertook to carry out the work and whereas the company and the

contractor have agreed to regulate the occupational health and safety responsibilities as between

them and as provided for in terms of section 37(2) of the Occupational Health and Safety Act, No 85 of

1993, now therefore the undersigned agree to:

1. The Contractor warrants that all its employees and its sub-Contractors' employees are covered in terms

of the provisions of the Compensation for Occupational Injuries and Diseases Act 130 of 1993, which

cover shall remain in force whilst any such employees are present on company premises.

2. The Contractor warrants that it is in possession of Public liability insurance cover and / or any other

insurance cover that will adequately make provision for any possible losses and/or claims arising from its

and/or its sub-Contractors and/or its employees' acts or omissions, which shall remain in force whilst it

and/or its sub-contractor and/or its employees are present on company' premises or which shall remain

in force for the duration of his contractual relationship with the company, whichever period is the longer.

Such insurance cover shall be with a reputable insurance company or broker to the value of

R……………………. or not less than R1 000,000. In addition, the Contractor undertakes to deliver to the

Company a copy of the insurance policy as well as copies of renewal premiums within 30 days of issue

of such a policy or renewals.

3. The Contractor undertakes to ensure that it and/or its sub-contractors and/or their respective employees

will at all times comply with all the requirements of the Occupational Health and Safety Act 85 of 1993

87

and other relevant statutory requirements but without derogating from this general undertaking, also

comply with the following conditions:

a) The contractor takes full responsibility for the acts and omissions of its sub-contractors and their

employees and shall enter into a section 37(2) agreement as provided for in terms of the

Occupational Health and Safety Act 85 of 1993 with its sub-contractors.

b) All work performed for the company must be performed under the close supervision of the

contractor's Managers/Supervisors on site who are trained to understand the hazards associated

with any work that the contractor performs. The contractor is specifically referred to Section 8 of

the Occupational Health and Safety Act 85 of 1993.

c) Contractor employees will be medically fit to perform the work they are required to perform. Proof

of medical fitness to be provided on request of the company.

d) The Contractor shall assume the responsibility in terms of Section 16(1) of the Occupational

Health and Safety Act 85 of 1993. If the Contractor assigns any duty in terms of Section 16(2), a

copy of such written appointment, as well as all other appointments made in terms of the

Occupational Health and Safety Act 85 of 1993 shall be made available to the company upon

request.

e) The contractor shall ensure that it familiarises itself with the requirements of the Occupational

Health and Safety Act 85 of 1993, the company regulations and requirements as well as all

relevant bylaws and that it, its employees and any sub-contractor comply with the same.

f) The contractor shall appoint competent employees who shall be trained on all Occupational

Health and Safety aspects pertinent to them or to the work that is to be performed.

g) The contractor shall strictly enforce discipline regarding Occupational Health and Safety.

h) Personal Protective Equipment shall be issued by the contractor as required and worn at all

material times by its employees.

i) The contractor shall enforce safe work practices and all its employees shall be made conversant

with the contents of these practices.

j) No unsafe equipment/machinery and/or articles shall be used on company premises or in the

performance of the contracted work.

k) All incidents referred to in Section 24 of the Occupational Health and Safety Act 85 of 1993 shall

immediately be reported to the company Occupational Health and Safety department by the

contractor as well as to the Department of Labour. The company shall further be provided with

copies of any written documentation relating to any incident or accident.

l) All employees of the contractor shall be made conversant with work related hazards and

procedures by the contractor as required by Section 13 of Occupational Health and Safety Act 85

of 1993.

m) The contractor warrants that it shall act as a professional in its field of expertise and has identified

all hazards and risks associated with the work to be performed and that he shall implement

appropriate mitigation controls in respect of such hazards and risks.

88

n) No use shall be made of any company machinery / articles / substances or personal protective

equipment. The contractor will only make use of safe equipment and machinery that complies with

the provisions of the Occupational Health and Safety Act 85 of 1993 and its Regulations, Bylaws

and company requirements.

o) Work for which the issuing of a permit is required shall not be performed by the contractor prior to

obtaining a duly completed and approved permit. It shall be the responsibility of the contractor to

enquire from the relevant company Department/ Section/ Division for what work permits are

required.

p) No alcohol or other intoxicating substance shall be allowed on the company’s premises or place

where the contract work is performed. Anyone suspected of being under the influence of alcohol

or any other intoxicating substance shall not be allowed on the work premises.

q) Full co-operation shall be given if and when the company's employees inquire into Occupational

Health and Safety issues.

r) The contractor expressly agrees to comply with the procedures and arrangements as required by

the Occupational Health and Safety Act 85 of 1993, Bylaws and company requirements in the

execution of the work.

s) The contractor will cease dangerous or unsafe work immediately when requested to do so by the

company or its representatives.

t) The contractor will at all material times provide the company and its staff access to the work area.

u) The Contractor hereby assumes the responsibility of a manufacturer, in terms of Section 10 of the

Occupational Health and Safety Act No 85 of 1993 and Section 21 of the Mine Health and Safety

Act No 29 of 1996, for taking the necessary steps to ensure that any article or substance that it

erects, uses or installs at the premises, or manufactures, sells or supplies to or for the Company,

complies with all the prescribed requirements and will be safe and without risks to health when

properly used.

4. The company hereby obtains an interest in any investigation or formal inquiry conducted in terms of

Sections 31 and 32 of the Occupational Health and Safety Act 85 of 1993 pertaining to any incident

involving the contractor and/or its employees and/or its sub-contractor/s.

5. The contractor confirms that it has been informed that it must report to company management (in

writing) anything that he deems to be unhealthy and/or unsafe. The contractor will inform its employees

and/or sub-contractors of this requirement.

6. The contractor warrants that it shall not endanger the health and safety of company employees, the

general public and/or visitors in any way whilst performing the work.

7. The contractor undertakes to comply with all labour legislation while performing work for the company.

8. The contractor undertakes to adhere to all the company’s rules and regulations as well as all

guidelines that may be annexed hereto. The Contractor will ensure that all its employees are

conversant with these annexures.

89

9. The contractor herewith agrees that the company and any of its representatives shall have the right to

stop any unsafe work or work practices performed by the contractor or its sub-contractors and the

contractor and its subcontractors shall have no claim for loss, damage or expense incurred due to the

work stoppage.

10. The contractor agrees to pay legal fees on an Attorney and own client scale should a legal action arise

out of this agreement or the work that is performed.

11. The contractor’s representatives such shall be bound in solidum in terms of this agreement.

12. The contractor does hereby irrevocably indemnify and hold harmless the company and all of its

employees or representatives against all and any actions, suits, proceedings, claims, demands, costs

and expenses of whatsoever nature and howsoever incurred which may be taken or made against

them or be incurred or become payable by them arising out of loss, liability, damage or expense which

may be suffered by any person as a result of the work that is performed by the contractor and its sub-

contractors.

13. The contractor shall provide the Occupational Health and Safety Officer of the company with a copy of

its Certificate of Good Standing with the Compensation Commissioner and show the original

document.

14. The contractor shall ensure that all its employees are in possession of valid licenses of the correct

code and/or certificates where this may be required for the work they will perform.

15. The contractor shall ensure that neither it nor its employees or sub-contractors undertake any activity,

which may cause environmental impairment, nor constitute any form of unreasonable nuisance to the

company and/or the surroundings.

16. The contractor shall ensure that the company Department/Section/Division representative responsible

for the contractor is signatory to this agreement, and the contractor undertakes to adhere to all safety

measures.

17. This agreement shall in no way amend or nullify the main contract or any of its provisions already

established and agreed to between the contractor and the company and shall be regarded as an

addition to such contract and provisions in order to regulate health and safety matters between the

company and the contractor.

18. The Contactor undertakes to comply with all South African environmental legislation where applicable

to his activities whilst on Company premises.

19. The Contractor shall comply with all instructions given by the Company in the interest of the protection

of the environment.

20. The parties hereto respectively choose as their domilicium citandi et executandi (physical address) for

all purposes of and in connection with written notification in terms of this agreement as follows:-

the company:

90

the contractor:

Any written notice given by one party to the other in terms of this agreement shall be sent by pre-paid

registered post or be delivered by hand and shall be deemed to have been received by the addressee on the

4th (fourth) day after posting, including the date of posting, or on the day of delivery, if delivered by hand, and

no notice shall be deemed to have been validly given if given otherwise than in terms of the foregoing.

Signed by Company:

Designated responsible person

Date: ................................................................... Signed at:

Signed by Contractor:

Designated responsible person

Date: ................................................................... Signed at:

Contractor representative contact details

Representative in charge of work (Attach appointment letter)

Name and Surname:

Office telephone number:

Cellular telephone number:

After hours contact number:

Representative second in charge of work (Attach appointment letter)

Name and Surname:


91



Company Designated responsible person

Name and Surname:




92

CSIR:


INDUSTRIAL RESEARCH

RFP No.: CSIR 3013/26/02/2016


PART 2

PRICING PROPOSAL

93

53. AGREEMENT AND CONTRACT DATA

FORM OF OFFER

THE TENDERER IS TO COMPLETE AND SIGN THE FORM OF OFFER

The Employer, identified in the Acceptance signature block, has solicited offers to enter into a contract

in respect of the following works:


The Tenderer, identified in the Offer signature block below, has examined the documents listed in the

Tender Data and addenda thereto as listed in the Tender Schedules, and by submitting this Offer has

accepted the Conditions of Tender.

By the representative of the Tenderer, deemed to be duly authorised, 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),

(firm)

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(s)

Name(s)

Capacity

For the Tenderer

Name and

signature of

witness

Date

94

FORM OF ACCEPTANCE

THE EMPLOYER IS TO COMPLETE AND SIGN THE FORM OF OFFER

By signing this part of the 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:

Principal Building Agreement (which includes this Agreement)

Notes to Tenderers

Scope of Work

Site Information

and drawings and documents or parts thereof, which may be incorporated by reference to the

documents listed above.

Deviations from and amendments to the documents listed in the Tender Data and any addenda

thereto 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, which must be duly

signed by the authorised representative(s) of both parties.

The Tenderer shall within twenty one (21) calendar days 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 Contact 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 at, or just after, the date of this Agreement comes into effect. Failure to fulfil any of

these obligations in accordance with those terms shall constitute a repudiation of this Agreement.

Notwithstanding anything contained herein, this Agreement comes into effect on the date when the

Tenderer receives one fully completed original copy of this document, including the Schedule of

Deviations (if any). Unless the Tenderer (now the Contractor) within five days after 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 binding contract between the parties,

FOR EMPLOYER OFFICIAL USE ONLY (CSIR)

Signature(s)

Name(s)

Capacity

For the

Employer

Council for Scientific and Industrial Research (CSIR), Meiring Naudé Road,

Brummeria, Pretoria

Name and

signature of

witness

Date

95

54. SCHEDULE OF DEVIATIONS

See Preliminaries – Contract Data.

55. CONTRACT DATA

The Conditions of Contract are the General Conditions of Contract for Construction Works (GCC 2014

Second Edition) published by the South African Institute of Civil Engineering. Copies of these documents

may be obtained from the South African Institute of Civil Engineering (011-805 5947).

Application of GCC 2010 Contract Documents

The definitions contained in the GCC 2010 apply to this document. A word or phrase in bold type in the text

shall bear the meaning assigned to it in the definitions of such Agreement. Where a word or phrase is not in

bold type it shall bear the meaning consistent with the context of its use.

This contract data contains unique requirements applicable to the project and variables referred to in the

GCC 2010 Second Edition. The information provided in this document by the principal agent is complete and

accurate at the time of calling for tenders. Where additional information becomes available, all tenderers will

be informed in writing. Reference to clause numbers in the GCC 2010 Second Edition are shown in [square

brackets] in this contract data e.g. [3.2.1].

Spaces requiring information must be filled in, or marked as ‘not applicable’ but not left blank. This contract

data, when completed and submitted by the contractor, becomes the form of tender. Where the contractor is

appointed, the contract documents comprise the GCC 2010 Second Edition, this completed contract data,

the priced document, drawings and other listed documents.

The SANS 1200 Standardised Specification for Civil Engineering Construction, and specific

amendments and additions shall be deemed to be incorporated in the External Works bill of quantities.

96

56. CONTRACT DATA

A TENDER INFORMATION

A1 PROJECT NAME

Building 18 Resurfacing Courtyard Research

A2 WORKS DESCRIPTION

Refer to Scope of Works

A3 SITE DESCRIPTION

Erf No / Township Refer to Site information

Local authority City of Tshwane

Street address CSIR Campus, Meiring Naude Road, Brummeria

A4 EMPLOYER

Name The Council for Scientific and Industrial Research

(CSIR)

Business (e.g. public

company)

Business registration

number

VAT /

GST 4470114283

Contact person Ms Yandisa Lengoasa Mobile 071 849 6804

Email [email protected]

Registered street address CSIR Pretoria, Building 17C, Meiring Naudé Road,

Brummeria, Pretoria, 0001

Postal address P.O. Box 395, Pretoria Code 0001

Telephone +27 (12) 841-2911 Fax +27 (12) 349-1153

A5 PRINCIPAL AGENT

Name


company)


number

VAT /

GST

Contact person Mobile

Email


97

Registered street address

Postal address Code

Telephone

Fax

A6 AGENT (Architects)

Name


company)


number

VAT /

GST


Email


Postal address Code

Telephone Fax

A7 AGENT (Quantity Surveyors)

Name


company)


number

VAT /

GST


Email


Postal address Code

Telephone Fax

A8 AGENT (Structural & Civil Engineers)

Name Civil Concepts Consulting Civil and Structural

Engineers


company) Pty Ltd


number 1995/12428/07

VAT /

GST 4310153996

98

Contact person MJ van Jaarsveld Mobile 083 400 2793


Registered street address 50, 15th Street, Menlo Park

Postal address PO Box 36148, Menlo Park Code 0102

Telephone +27 (12) 460 0008 Fax +27 (12) 460 0005

AGENT (Electrical & Mechanical Engineers)

Name


company)


number

VAT /

GST


Email


Postal address Code

Telephone Fax

B CONTRACT DATA

2.0 LAW, REGULATIONS AND NOTICES

2.1/25.15 Law of the country applicable to the project South Africa

5.0 CONTRACT DOCUMENTS

5.1 Signed contract documents held by the principal

agent, or Employer

5.2 Number of copies of documents issued free to the

contractor Three (3) copies

PRICED DOCUMENT

Lump sum priced document, or Yes/No No

Priced bills of quantities (BOQ) Yes/No Yes

System / method of measurement Standard System of Measuring Building Works 6th

Edition (With amendment)

99

CONTRACT DOCUMENTS COMPRISING

Description Marked Notes

GCC 2010 Second Edition A

Particular Conditions Amending the General

Conditions of Contract B

BoQ Ref PR 002/dated 2016-01-22 (January 2016) C

Project Specific Amendments to the SANS 1200

Specification D

CONTRACT DRAWINGS

Description Date Marked Number Revisio

n

CIVIL DRAWINGS

General Layout Plan January 2016 C2167/9

01 0

6.0 EMPLOYER’S AGENTS

6.3 Description of interests of agents in the project other than

professional services, if applicable. N/A

10.0 INSURANCES

By the employer in the joint names of the parties Yes/No Yes

Obligatio

n

Currenc

y

Insured

Amount

Contract Works Insurance (CWI) (Including

materials and goods, temporary works) N/A

Allowance for professional fees and

escalation of the insured value at 25% pa,

or ___%

% N/A

100

Free issue material at new replacement

value, added to CWI, where applicable N/A

Employer owned surrounding property

(care, custody, control or worked on) ZAR R50 000 000.00

Public Liability Insurance (each and every

claim OR unlimited / value?) Every claim R5 000 000.00

Supplementary Insurance (including CWI

extensions) N/A

Removal of Lateral Support Insurance Employer N/A

Other: N/A

Currenc

y Amount

Policy deductibles

- Works / free issue Contracto

r N/A

- Employer owned surrounding properties Employer Own insurance

- Public Liability Contracto

r ZAR R20 000.00

- Supplementary Insurance Contracto

r N/A

- Removal of Lateral Support Contracto

r N/A

Other: N/A

OR…

By the contractor in the joint names of the parties Yes/No Yes

Currenc

y

Insured

Amount

Contract Works Insurance (CWI) (Including materials

and goods, temporary works) ZAR

Contract

Amount plus

fees % below

Allowance for professional fees and escalation of the

insured value at 25% pa, or ___% % 23%

Free issue material at new replacement value ZAR R20 000.00

101

Public Liability Insurance (each and every claim OR

unlimited for the period) ZAR R5 000 000.00

Supplementary Insurance (Including CWI extensions) N/A

Policy deductibles ZAR R20 000.00

Other: N/A

11.0 SECURITY

11.1.1-5 The contractor shall provide a Guarantee for

Construction to the employer >D11.2-3 Yes/No Yes

12.0 DUTIES OF THE PARTIES = EMPLOYER = SITE

9.2.7 Alterations & additions to existing premises? Yes/No Yes

12.1.2 Premises occupied Yes/No Yes

12.1.3 Relevant natural features to be retained /

relocated / removed N/A

12.1.4 Areas the contractor may not occupy See Contract Data for information

12.1.5 Utilities connections – location Existing, to be upgraded

12.1.6

Statutory and/or other notices to be

complied with by the contractor before

possession of site can be given

Construction permit issued by DoL

Insurances have been effected;

Security has been provided to the Employer;

Waiver of Contractor’s Lien has been signed;

Safety Plan has been approved by the Employer,

and Construction Programme

Due date / (2016/02/12)

12.1.7 Possession of the site –

Intended date Within 5 (five) working days after receipt of documentary

evidence under 12.1.6

12.1.12 Description of free issue by employer

(Attach separate page for multiple items) N/A

14.0 NOMINATED SUBCONTRACTORS

14.1.4 Specialisatio

n: N/A


n: N/A

14.1.4 Specialisatio N/A

102

n:


n: N/A


n: N/A

16.0 DIRECT CONTRACTORS

Employer to define extent of work by a direct contractor [12.1.2]

16.1 Specialisatio

n: N/A

16.1 Specialisatio

n: N/A

16.1 Specialisatio

n: N/A

16.1 Specialisatio

n: N/A

PRACTICAL COMPLETION / PENALTY FOR LATE COMPLETION

Inspectio

n =

working

days

Date of

practical

completion

yyyy/mm/d

d

Penalty

Currenc

y

Penalty

Amount

per

calendar

day

19.0 Practical completion of the works

as a whole

8 weeks

from the

date of

site hand

over

excluding

all

statutory

holidays

and

building

holiday

period

2016/04/15 ZAR R5 000.00

OR (Only one option can apply)

103

Inspectio

n =

working

days

Date of

practical

completion

yyyy/mm/d

d

Penalty

Currenc

y

Penalty

Amount

per

calendar

day

19/20/24 Practical completion of the works

in sections: 1 N/A


in sections: 2 N/A


in sections: 3 N/A


in sections: 4 N/A


in sections: 5 N/A

19.0 PRACTICAL COMPLETION

19.1.1 Items that do NOT have to be complete to achieve practical completion

N/A

19.1.1 Criteria to achieve practical completion (the BoQ may contain a more detailed

description)

Per Specification

All guarantees for Civil works

104

25.0 PAYMENT

25.0 Currency ZAR South African Rand

25.2 Issue of regular payment

certificates on Date of month 25th

Or

Day of week N/A

25.3.2 Materials and goods off site –

paid subject to

Guarantee for Advance Payment

provided? No

25.3.4 /

26.9.5

Contract price adjustment

provisions Method Fixed price

30.0 DISPUTE RESOLUTION

30.6.1 Alternative Dispute Resolution nominating

body Association of Arbitrators (South Africa)

105

57. PARTICULAR CONDITIONS AMENDING THE GENERAL CONDITIONS OF

CONTRACT

The following amendments and additions to the General Conditions of Contract for Construction Works, 2nd

Edition, 2010 shall apply to this contract.

1 GENERAL

1.1 Definitions

1.1.5 Commencement Date

Replace 1.1.1.5 with the following:

(a) “Commencement Date of the Contract” means the date that the Agreement, made in terms of

the Form of Offer and Acceptance, comes into effect.

(b) “Commencement Date of the Works” means the date on which the site hand-over meeting is

held and when the construction can commence.”

1.1.1.7 Contract

Replace 1.1.1.7 with:

“ “Contract” means the documentation of the agreement between the parties comprising the Form of

Offer and Acceptance, Contract Data, the Particular and General Conditions of contract, the Scope

of Works, the Drawings, the Standard Specifications, the Schedules, any documents and

correspondence which are listed in the Form of Offer and Acceptance, and any such written

amendments or additions to the contract as may be agreed to between the parties at any later

stage.”

1.1.1.14 Due Completion Date

Replace 1.1.1.14 with the following:

In the third line, replace “Commencement Date” with “Commencement Date of the Works”.

1.1.1.24 Practical Completion

In the last line and before the comma, insert “………, and general public and road user if applicable,

………”.

1.3 General Provisions

Add the following new Clause:

“1.3.6 The Appendices included as Pro Formas at the end of the General Conditions of Contract

have no bearing on the Contract and are to be used, revised and/or omitted as the Employer and/or

Engineer may deem fit.”

2 BASIS OF CONTRACT

2.4 Ambiguity or Discrepancy

2.4.1 Add the following:

“For the purpose of interpretation, the priority of the documents shall be in accordance with the

following sequence:

(a) the Form of Offer and Acceptance;

(b) the Contract Data;

(c) the Particular Conditions of Contract;

(d) the General Conditions of Contract;

(e) the Scope of Works;

(f) the Drawings;

(g) the Standard Specifications; and

106

(h) the Schedules including the Pricing Data.”

4 CONTRACTOR’S GENERAL OBLIGATIONS

4.8 Facilities for Others

Add the following Clauses:

“4.8.3 Where the works or parts of it are to be carried out in or along public roads and streets, the

Contractor shall take precautions as required to limit the effect of pedestrians and vehicles

on his operations. The Contractor shall not be entitled to make a claim in accordance with

Clause 10.1 for the delay to Practical Completion and/or incurrence of additional cost by

him for any actions resulting from this clause.

5. TIME AND RELATED MATTERS

5.2 Commencement of the Contract

Replace 5.2.1 with the following:

“The Commencement Dates of the Contract and the Works respectively are defined in Clause 1.1.5

(revised in this Particular Conditions).”

5.3 Commencement of the Works

5.3.2 In the second line, replace “Commencement Date” with “Commencement Date of the Contract.”

5.6 Programme

5.6.2.1 Replace the Clause with the following:

“The Commencement Date of the Works, the Due Completion Date for achieving Practical

Completion and the planned completion date.”

Add the following Clause:

“5.6.6 The approval by the Engineer of a programme showing a later Due Completion Date other

than stated in the Contract Data shall not be contractually binding, unless approved with conditions,

if any, by the Employer.”

5.9 Instructions

5.9.1 In the first line, replace “Commencement Date” with “Commencement Date of the Works.”

5.12 Extension of time for Practical Completion

5.12.3 In the second line, replace “…., including for special non-working days, ….” with “….. including for

special non-working days but excluding the contractor’s year-end break in December / January for

which no time-related payment will be made, ….”.

5.13 Penalty for delay

5.13.2.2 Replace the last sentence of the Clause as follows:

Replace this Clause with the following:

Should the Successful Tenderer not meet the completion dates stated in Clause 1.1.1.14, then a

penalty of R5 000.00 per day will be imposed.

6 PAYMENT AND RELATED MATTERS

6.2 Security

6.2.1 A performance guarantee to the value of 10% of the Tender amount is to be provided.

6.2.2 This Clause is to be omitted.

6.10 Payments

6.10.1 In the third line, replace “monthly statement” with “tax invoice, payment certificate and schedule of

quantities for work done.”

In the sixth line, omit “…, by signed payment certificates issued to the Employer and the Contractor,

..…”

6.10.3 Replace this Clause with:

107

“Payments of the amounts referred to in Clauses 6.10.1.1, 6.10.1.2, 6.10.1.3 and 6.10.1.4 shall be

subject to a retention by the Employer as specified in the Contract Data (called the “retention

money”) of the said amounts due to the Contractor, until the retention money reaches the “Limit of

retention money”, if any, as stated in the Contract Data.”

6.10.4 Replace the first sentence of the Clause with the following:

“The Engineer shall deliver to the Employer the approved payment certificate referred to in Clause

6.10.1 within 3 days of the receipt by the Engineer.”

6.11 Variations exceeding 15 percent

Replace this Clause with:

“No adjustment to the General Items will be applicable if variations increase or decrease the

contract price”.

8. Risks and Related Matters

Should a Safcec Recognised Strike occur during the contract period, the contract period will be

extended by the number of days that the strike lasts. However, no Time Related P&G’s or any

other additional costs will be paid because of the strike. In other words, no penalties will be

imposed due to the strike and no Time Related P&G’s or other costs will be paid.

8.6 Insurance

8.6.1 In the last line include “The Council for Scientific and Industrial Research”.

8.6.3 In the first line as well as the last line, include “The Council for Scientific and Industrial Research”.

APPENDIX TO THE PARTICULAR CONDITIONS:

Contract Data - Data provided by the Employer

CONDITIONS OF CONTRACT

The General Conditions of Contract for Construction Works, Second Edition, 2010, published by the South

African Institution of Civil Engineering, Private Bag X200, Halfway House, 1685, is applicable to this Contract

and is obtainable from www.saice.org.za.

CONTRACT SPECIFIC DATA

The following contract specific data, referring to the General Conditions of Contract for Construction Works,

Second Edition, 2010, are applicable to this Contract:

Clause 1.1.1.13:

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

Clause 1.1.1.14:

The time for completion of all the works is 8 weeks.

Completion of the Works means that all the work is completed and is accepted by the Employer and Civil

Concepts and that Civil Concepts has all the necessary as-built and completion information to issue a

practical completion certificate.

http://www.saice.org.za/

108

Clause 1.1.1.15:

The name of the Employer is THE COUCIL FOR SCIENTIFIC AND INDUSTRIAL RESEARCH

Clause 1.2.1.2:

The physical and postal addresses of the Employer are:

CSIR Pretoria, Building 18 P.O. Box 395

Meiring Naude Road PRETORIA

Brummeria 0001

PRETORIA

0001

Clause 1.1.1.16:

The name of the Engineer is Civil Concepts (Pty) Ltd.

Clause 1.2.1.2:

The physical and postal addresses of the Engineer are:

No. 50, 15th

Street P.O. Box 36148

Menlo Park Menlo Park

PRETORIA PRETORIA

0102

Clause 5.3.1:

The documentation required before commencement with Works execution is:

i) Construction Programme and cash flow.

ii) Proof of insurance.

iii) Performance Guarantee and

iv) Health and Safety Plan.

Clause 5.3.2:

The time to submit the documentation required before commencement with Works execution is 7 days.

Clause 5.4.2:

The access and possession of Site shall not be exclusive to the Contractor, but as set out in the Site

Information.

Clause 5.8.1:

109

The non-working days are Sundays (all day) and Saturdays before 08h00 and after 14h30.

During the week the working hours are from 07h00 until 17h30.

The special non-working days are:

(1) All designated public holidays.

(2) The year-end break in December/January.

Clause 5.13.1:

The penalty for failing to complete the Works is R5 000.00/ day.

Clause 5.16.3:

The latent defect period is 10 years for civil engineering works.

Clause 6.5.1.2.3:

The percentage allowance to cover overhead charges is 10%.

Clause 6.8.1:

Due to the short contract period this clause will apply. There will also be no variations in the cost of special

materials.

Clause 6.10.1.5:

No advance on materials not yet built into the Permanent Works will be allowed.

Clause 6.10.3:

10% Retention will be withheld, reducing to 5% during the Defects Liability Period.

Clause 8.6.1.2

Special Risks Insurance is required.

Clause 8.6.1.3

Public liability insurance must be to the value of R10.0 million per claim, with the number of claims unlimited.

The Liability insurance must be in the joint names of the Employer, the City of Tshwane and the Contractor.

The insurance must be valid until the end of the Defects Liability Period.

The value of the Contractors All Risk insurance must be to at least the value of this Tender.

Clause 10.6.2:

The further determination of disputes after adjudication shall be by arbitration.

110

Contract Data – Data provided by the Contractor

Clause 1.1.19:

The name of the Contractor is:

________

___________

Clause 1.2.1.2:

The physical and postal address of the Contractor is:

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

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

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

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

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

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

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

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

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

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

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

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

111

OTHER STANDARD FORMS

FORM OF GUARANTEE

The Pro-forma Performance Guarantee included in Appendix 3 of the General Conditions of Contract will be

applicable.

NOTES

1. By submission of this tender to the employer the tenderer offers and agrees to execute and complete

the works and remedy any defects in conformity with the specification for the tender sum stated - to be

paid in instalments as work is completed

2. The tender shall remain in full legal force for forty five (45) calendar days from the closing date of the

tender. The tenderer accepts liability for damages that may be suffered by the employer should the

tender validity period not be honoured

3. The lowest or any offer will not necessarily be accepted by the employer - nor need reasons be given

for such a Decision

4. Any provision in this agreement that may confer any benefit or right in favour of any subcontractor

shall be binding on the parties and be capable of acceptance by such subcontractor at any time

5. Addendum

A Civil Engineers Drawings

112

TENDER SUM COMPILATION

Currenc

y

Tenderer’s work excluding tax ZAR Amount R

Tax (at percentage) 14% ZAR Amount R

Total TENDER SUM inclusive of tax ZAR Amount R

Tender sum in words

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

TENDERER (Print Name) CAPACITY

Who, by its SIGNATURE warrants authority thereto

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

SIGNATURE DATE LOCATION

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

WITNESS (Print Name) CAPACITY

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

SIGNATURE DATE LOCATION

113

TENDERER’S DETAILS (To be completed by the tenderer)

Name


company)


number

VAT /

GST


Email


Postal address Code

Telephone Fax

114

58. AGREEMENT

This agreement, the completed contract data and the listed documents [CD] comprise the entire

contract between the parties. Any provision in this agreement that may confer a right or benefit on

a subcontractor shall be binding on the parties and be capable of acceptance by such

subcontractor at any time. No representations, terms, conditions or warranties not contained in this

agreement shall be binding on the parties. No agreement or addendum varying, adding to, deleting

or terminating this agreement including this clause shall be effective unless reduced to writing and

signed by the parties

The contracting parties

The parties Employer Contractor

(To be completed by the tenderer)

Business name The Council for Scientific and

Industrial Research (CSIR)

Business type


Tax number (VAT / GST) 4470114283

Contact Person Ms Yandisa Lengoasa

Identity Number

Address: Building Name CSIR

Street Meiring Naudé Road

Suburb Brummeria

City Pretoria

Address: P.O. Box 395

Post Office

Province Pretoria

Country 0001



115

The parties Employer Contractor

(To be completed by the tenderer)

Telephone +27 (12) 841-2911

Fax +27 (12) 349-1153

Project Name Building 18 Resurfacing Courtyard

Project Location CSIR, Pretoria Campus, Building 18

Currency ZAR (South African Rand)

Accepted contract sum including

tax R

Accepted contract sum in words

Signed – who by signature hereto

warrants authority

Signed: Date

Signed: Location

Signed – Witness

Name of Witness

116

60. FORMS AND SECURITIES

FORMS FOR COMPLETION BY THE CONTRACTOR

THE FOLLOWING FORMS ARE TO BE COMPLETED BY THE CONTRACTOR AFTER THE

TENDER HAS BEEN AWARDED TO THE SUCCESSFUL TENDERER

C1.3.1 Form of Construction Guarantee

C1.3.2 Health and Safety Contract between Employer and Contractor in Terms of Section 37(2) of the

Occupational Health and Safety Act No 85 Of 1993

C1.3.3 Health and Safety Contract: General Information

C1.3.4 Occupational Health and Safety Indemnity Undertaking

The forms will be completed by the Contractor who will be instructed to do so in the Form of Acceptance. The

completed forms will become part of the Contract.

The Form of Construction Guarantee is a pro forma document. The Contractor will provide an original

document, from a financial institution, with the same text within the time stated in the Contract Data. Only

entities registered with the Financial Services Board (FSB) such as Banks or approved Insurance Companies

or Guarantee Corporation is acceptable as Guarantor. The Contractor will be required to enter into an

agreement with a Community Liaison Officer (CLO). See Pro forma Agreement.

117

FORM OF CONSTRUCTION GUARANTEE

A letter of Intent from an approved Insurer undertaking to provide the Construction Guarantee to the format

included in this document.

Pro Forma – Construction Performance Guarantee

NB:

It should be noted that Guarantors must be registered with the Financial Services Board (FSB).

No alterations or amendments of the wording of the pro forma Construction Guarantee included in

this document will be accepted.

Guarantees submitted must be issued by either an insurance company duly registered in terms of the

Short-Term Insurance Act, 1998 (Act 35 of 1998) or by a bank duly registered in terms of the Banks Act,

190 (Act 94 of 1990) on the pro-forma referred to above. No alterations or amendments of the

wording of the pro-forma will be accepted.

118

(i) PRO FORMA – PERFORMANCE GUARANTEE

CSIR

P.O. Box 395

Pretoria

0001

Sir,

For use with the General Conditions of Contract for Construction Works, Second Edition, 2010.

GUARANTOR DETAILS AND DEFINITIONS

"Guarantor" means: .....................................................................................................

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

"Employer” means: .....................................................................................................

"Contractor” means: .....................................................................................................

"Engineer” means: ......................................................................................................

"Works” means: ...........................................................................................................

"Site” means: .............................................................................................................

"Contract" means: The Agreement made in terms of the Form of Offer and Acceptance and such

amendments or additions to the Contract as may be agreed in writing between the parties.

"Contract Sum" means: The accepted amount inclusive of tax of R .........................................

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

"Guaranteed Sum" means: The maximum aggregate amount of R ...........................................

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

"Expiry Date” means: .........................................................................................................

119

CONTRACT DETAILS

Engineer issues: Interim Payment Certificates, Final Payment Certificate and the Certificate

Completion of the Works as defined in the Contract.

PERFORMANCE GUARANTEE

1. The Guarantor's liability shall be limited to the amount of the Guaranteed Sum.

2. The Guarantor's period of liability shall be from and including the date of issue

of this Performance Guarantee and up to and including the Expiry Date or the date of

issue by the

Engineer of the Certificate of Completion of the Works or the date of payment in full of the

Guaranteed Sum, whichever occurs first The Engineer and/or the Employer shall advise the

Guarantor in writing of the date on which the Certificate of Completion of the Works has

been issued.

3. The Guarantor hereby acknowledges that:

3.1 any reference in this Performance Guarantee to the Contract is made for

the purpose of convenience and shall not be construed as any intention

whatsoever to create an accessory obligation or any intention

whatsoever to create a suretyship;

3.2 its obligation under this Performance Guarantee is restricted to the payment

of money.

4. Subject to the Guarantor's maximum liability referred to in 1, the Guarantor hereby

undertakes to pay the Employer the sum certified upon receipt of the documents

identified in 4.1 to 4.3:

4.1 A copy of a first written demand issued by the Employer to the Contractor stating

that payment of a sum certified by the Engineer in an Interim or Final Payment

Certificate has not been made in terms of the Contract and failing such payment within

seven (7) calendar days, the Employer intends to call upon the Guarantor to make

payment in terms of 4.2;

4.2 A first written demand issued by the Employer to the Guarantor at the Guarantor's

physical address with a copy to the Contractor stating that a period of seven (7) days

has elapsed since the first written demand in terms of 4.1 and the sum certified has still

not been paid;

4.3 A copy of the aforesaid payment certificate which entitles the Employer to receive

payment in terms of the Contract of the sum certified in 4.

5. Subject to the Guarantor's maximum liability referred to in 1, the Guarantor

undertakes to pay to the Employer the Guaranteed Sum or the full

120

outstanding balance upon receipt of a first written demand from the

Employer to the Guarantor at the Guarantor's physical address calling up

this Performance Guarantee, such demand stating that:

5.1 the Contract has been terminated due to the Contractor's default and

that this Performance Guarantee is called up in terms of 5; or

5.2 a provisional or final sequestration or liquidation court order has been

granted against the Contractor and that the Performance Guarantee is

called up in terms of 5; and

5.3 the aforesaid written demand is accompanied by a copy of the notice of

termination and/or the provisional/final sequestration and/or the

provisional liquidation court order.

6. It is recorded that the aggregate amount of payments required to be made

by the Guarantor in terms of 4 and 5 shall not exceed the Guarantor's

maximum liability in terms of 1

7. Where the Guarantor has made payment in terms of 5, the Employer shall upon

the date of issue of the Final Payment Certificate submit an expense account to

the Guarantor showing how all monies received in terms of this Performance

Guarantee have been expended and shall refund to the Guarantor any resulting

surplus. All monies refunded to the Guarantor in terms of this Performance

Guarantee shall bear interest at the prime overdraft rate of the Employer's bank

compounded monthly and calculated from the date payment was made by the

Guarantor to the Employer until the date of refund.

8. Payment by the Guarantor in terms of 4 or 5 shall be made within seven (7)

calendar days upon receipt of the first written demand to the Guarantor.

9. Payment by the Guarantor in terms of 5 will only be made against the return of

the original Performance Guarantee by the Employer.

10. The Employer shall have the absolute right to arrange his affairs with the

Contractor in any manner which the Employer may deem fit and the Guarantor

shall not have the right to claim his release from this Performance Guarantee on

account of any conduct alleged to be prejudicial to the Guarantor.

11. The Guarantor chooses the physical address as stated above for the service of

all notices for all purposes in connection herewith.

12. This Performance Guarantee is neither negotiable nor transferable and shall

expire in terms of 2, where after no claims will be considered by the Guarantor.

121

The original of this Guarantee shall be returned to the Guarantor after it has

expired.

13. This Performance Guarantee, with the required demand notices in terms of 4 or

5, shall be regarded as a liquid document for the purposes of obtaining a court

order.

14. Where this Performance Guarantee is issued in the Republic of South Africa the

Guarantor hereby consents in terms of Section 45 of the Magistrate's Courts Act

No 32 of 1944, as amended, to the jurisdiction of the Magistrate's Court of any

district having jurisdiction in terms of Section 28 of the said Act, notwithstanding

that the amount of the claim may exceed the jurisdiction of the Magistrate's Court.

Signed at ...................................................................................................................

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

Guarantor's signatory (1) ............................................................................................

Capacity ............................................................ …………………………………………

Guarantor's signatory (2) .........................................................................................

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

Witness signatory (1) .............................................................................................

Witness signatory (2) ................................................................................................

GUARANTOR’S SEAL OR STAMP

122

HEALTH AND SAFETY CONTRACT BETWEEN EMPLOYER AND CONTRACTOR

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

ACT NO 85 OF 1993

Written agreement between The CSIR (hereinafter referred to as “the Employer)

and

(hereinafter referred to as “the mandatory”) as envisaged by Section 37(2) of the Occupational Health and

Safety Act, No. 85, of 1993 as amended.

I, representing

(mandatory) do hereby acknowledge that

...................................................................................... (mandatory) is an employer in its own right and shall be

regarded as the employer for purposes of the contract work specified in the body of the principal agreement

with duties as prescribed in the Occupational Health and Safety Act, No. 85 of 1993 as amended so as to

ensure that all work will be performed or machinery and plant used in accordance with the provisions of the

said Act. I furthermore agree to comply with the requirements of the Employer as contained in the

Occupational Health and Safety Specification included with the principal agreement and to liaise with the

employer should I, for whatever reason, be unable to perform in terms of this agreement.

Signed this day of at

Signature on behalf of mandatory

Signature on behalf of Employer

Compensation Fund Registration No. of mandatory

Good Standing Certificate : yes no (tick one box)

123

HEALTH AND SAFETY CONTRACT: GENERAL INFORMATION

1. The Occupational Health and Safety Act comprises Sections 1 to 50 and all unrepelled

regulations promulgated in terms of the former Machinery and Occupational Safety Act No 6

of 1983 as amended, as well as other regulations which may be promulgated in terms of the

OHS Act.

2. Mandatory is defined as including an agent, a contractor or a subcontractor for work, but

without derogating from his status in his own right as an employer or user of plant and

machinery

3. Section 37 of the Occupational Health and Safety Act potentially punishes employers

(principals) for the unlawful acts or omissions of mandatories (contractors) save where a

written agreement between the parties has been concluded containing arrangements and

procedures to ensure compliance with the said Aid by the mandatory.

4. All documents attached or referred to in the above agreement form an integral part of the

agreement.

5. To perform in terms of this agreement mandatories must be familiar with the relevant

provisions of the Act.

6. Mandatories who utilize the services of their own mandataries (subcontractors) are advised to

conclude a similar written agreement.

7. Be advised that this agreement places the onus on the mandatory to contact the Employer in

the event of inability to perform as per this agreement. The Employer, however, reserves the

right to unilaterally take any steps as may be necessary to enforce this agreement.

8. The contractor shall be responsible for the full and proper implementation of the terms and

provisions of the Act and its regulations in the area in which the work is to be undertaken by

the Contractor.

9. The Contractor shall be responsible for the well-being, in relation to health and safety, of all

persons coming upon or into such area in accordance with that legislation, including the

implementation of any directives issued by management of the Employer in this respect.

10. The work to be done is BUILDING 18 RESURFACING COURTYARD.

11. The area in which the work is to be conducted is Pretoria.

12. The Contractor shall familiarise himself with such area and all risks existing thereon and

undertakes to report to the representative of the Employer any hazard or risk to health and

safety which arises during the contract work in the area concerned and over which the

124

Contractor may have no control. All necessary and appropriate safety/health equipment shall

be issued by the Contractor to all persons working on or coming into the area.

OCCUPATIONAL HEALTH AND SAFETY INDEMNITY UNDERTAKING

I, the undersigned

in my capacity as

of the firm

1.0 hereby undertake to ensure that I/my firm and/or employees and/or subcontractors and/or his

employees –

1.1 comply strictly with the provisions of the Occupational Health and Safety Act of 1993 (as

amended) and/or the regulations promulgated in terms thereof, with specific reference to

section 37(2) of the said act, as well as any relevant legislation, in the course of the

performance/execution of any service and/or work in, to or on any of the Employer’s buildings,

construction sites and/or premises

1.2 ensure that consultants and/or visitors comply with any instructions and measures relating to

occupational health and safety, as prescribed by the Employer

1.3 comply strictly with the statutorily prescribed work systems, operational equipment, machinery

and occupational health and safety conditions.

2.0 and as an independent employer and contractor, hereby indemnify, in terms of the above

undertakings, the Employer –

2.1 in respect of any costs that I/my firm and/or employees and/or subcontractors and their

employees may incur of necessity in compliance with the above undertakings

2.2 against any claims that may be instituted against the Employer and/or any liability that the

Employer may incur, whether instituted and/or caused by me/my firm's employees, agents,

consultants, subcontractors and/or their employees and visitors or the Employer’s clients or

neighbours in respect of any incidents related to me/my firm's activities and as a result of which

the occupational health and safety of the persons involved have been detrimentally affected

2.3 against similar claims that I, managers or directors of my firm may have against the Employer

and any damages for which I, managers or directors of my firm hold the Employer liable.

3.0 My firm's compensation commissioner number is

125

and I confirm that my firm and its subcontractors' fees have been paid up and obligations in respect of

the compensation commissioner have been complied with, and further that I shall furnish proof

thereof in writing on request.

4.0 I hereby confirm that I have the authority to sign this indemnity undertaking and that the Employer is

not obliged to confirm such confirmation.

Signed at

this day

of

20

Signature Capacity

As witnesses:

1

2

126

CSIR:


INDUSTRIAL RESEARCH

RFP NO.: CSIR 3013/26/02/2016


PRICING DATA

127

PRICING DATA

PREFACE TO PRICING DATA

2.1.1 PREFACE

This Schedule of Quantities forms part of the Tender Document and must be read and used

in conjunction with the Conditions of Tender, Conditions of Contract, Specification and

Drawings.

A price and a unit rate must be filled in against each item in the Schedule of Quantities.

Items which are not priced will be accepted as being covered by the Tenderer by other

prices and unit rates in the Schedule of Quantities.

The unit rates and prices as tendered in the Schedule of Quantities must cover all the

Tenderer's obligations under this Contract and must include full compensation for all

provisional costs, temporary work, transport, labour, material, plant, equipment, housing and

all matters and obligations of any nature necessary for the construction, completion and

maintenance of the Works as well as for any loss or damage resulting from the nature of the

work, weather conditions, floods, etc.

Tenders will be evaluated on the unit rates tendered for each item and not on the Tender

price. In the case of arithmetic mistakes in the Tenderer's Tender the unit rates will be

taken as correct and the Tender Amount accordingly adjusted.

The general description of the work and material which appears in the Specification will not

be repeated in the Schedule of Quantities. Reference will be made to the General

Conditions of Contract, Special Conditions of Contract and the Specification where

necessary.

Where a unit rate is required for an item in the Schedule of Quantities and the Tenderer fails

to fill in the unit rate under the unit rate column but simply fills in a total amount under the

amount column, this amount will not be valid and will not be included in the calculations for

the corrected Tender amount.

The quantities in this Schedule are approximate and the Employer does not undertake,

explicitly or by implication that the actual quantity of work corresponds with the

aforementioned quantities. The Employer reserves the right to alter or omit any quantity or

class of any section of the work.

The Contract Amount for the completed Contract will be calculated from the actual quantities

of work done and will be valued by applying the unit rates tendered opposite every item in

the Schedule of Quantities.

128

NOTES TO TENDERERS

2.1 SCOPE OF CONTRACT

The description hereunder is a general guide only and the Tenderer is referred to the Engineer’s

drawings for tender purposes. No liability will be accepted should the information provided be

misconstrued.

2.2 BUILDING 18 RESURFACING COURTYARD

The scope of work generally comprise the following:

The resurfacing of the asphalt access road to Building no. 18.

The removal and replacement damaged concrete surfacing the building court yard.

Miscellaneous civil works required as part of the resurfacing.

2.3 QUERIES FROM TENDERER

The pages of these Bills of Quantities are numbered consecutively. The Tenderer shall check the

numbers of the pages and should any be missing or duplicated, or the reproduction be indistinct, or if

any doubt exists as to the full intent or meaning of any description or these Bills of Quantities contain

any obvious errors, the Tenderer shall notify the CSIR at once who shall promptly give a written

directive. No liability whatsoever will be admitted in respect of errors in any tender due to the

abovementioned causes.

On no account should this document be used for placing orders for materials, the Tenderer does so

at his own risk and shall not be reimbursed for additional costs so incurred.

2.4 ACQUINTANCE WITH TENDER DOCUMENTS, REGULATIONS, ETC.

By submission of a tender, the Tenderer will be deemed to have acquainted himself fully with the

tender documents, local authority requirements and by-laws, the standard specifications applicable,

CIDB enrolment fees, Occupational Health and Safety regulations and all other aspects of the work

envisaged in the documents prior to pricing and submission of this tender.

2.5 SIGNING OF TENDER

The tender must be signed by a representative of the tenderer being duly authorised to do so and

the Tenderer is to attach a company resolution if applicable.

2.6 TENDER ALL INCLUSIVE

The Tenderer must allow in his tender for all labour, material, transport, handling, construction plant,

temporary works, or method of construction where the method of payment allows for various

methods of construction, value added tax and everything else necessary for the execution and

completion of the works in accordance with the tender documents.

2.7 COSTS INCURRED BY THE TENDERER

The employer will not be responsible for or pay for expenses or losses, which may be incurred by the

Tenderer in the preparation of the tender or in visiting the site in connection herewith.

129

2.9 TENDER ACCEPTANCE

The employer will not be bound to accept the tender. No reason for the acceptance or rejection of

the tender will be given.

2.10 ARITHMETICAL ERRORS

The Civil Engineer reserves the right to correct arithmetical or other errors in the extension of rates

and totals in the tender. The Tenderer will be informed of the effect of any corrections prior to the

signing of the contract.

2.11 IMBALANCE IN TENDERED RATES

In the event of there being any rate or rates which are declared to be unacceptable by the Engineer

for reasons which the Engineer will indicate, the Tenderer will, in terms of Rule 9, be requested to

either:

a) Justify and specify rate or rates, i.e. to give a financial breakdown on how such rate or rates

were obtained or calculated;

b) Consider amending and adjusting such rate or rates while retaining the tender sum derived

under Sub rule 10.a unchanged and fixed.

2.12 CONTRACT PRICE ADJUSTMENT PROVISION

This will be a fixed contract and no price adjustment will be applicable. The contractor is to allow for

possible increase in costs except the increase of VAT %.

2.13 CLOSING OF TENDERS

Please ensure that the tenders are clearly marked with reference number RFP No.: 3013/26/02/2016

and addressed to the CSIR. Tenders are deposited in the tender box situated at the Main Reception

Area, CSIR GATE 03, Meiring Naudé Road, Brummeria, on or before the closing date, being on

FRIDAY 26 FEBRUARY 2016.

2.14 CLOSING DATE OF TENDERS

FRIDAY 26 FEBRUARY 2016.

2.15 PRICES AND VALUE ADDED TAX

Prices shall be quoted in South African currency and shall be exclusive of Value Added Tax (VAT).

Provision is made in the tender summary for the lump sum addition of VAT and the total, inclusive of

VAT, is then carried to the form of tender.

2.16 INSURANCES TO BE EFFECTED BY THE CONTRACTOR/EMPLOYER

Insurances shall be affected by the contractor and employer in accordance with the Conditions of

Contract before commencement of the works and as detailed in Section 1: Preliminaries and General

hereinafter.

130

2.18 TENDERS

The tender comprises the Returnable Schedules and the Bills of Quantities, all of which shall be duly

completed, signed and posted or delivered on or before the time and date to the address indicated

on the Tender Form.

Where necessary, Tenderers are requested to complete the abovementioned documentation in black

ink and Tenderers are to note that only plain paper photo static copies of the abovementioned

documentation will be acceptable. Photo static copies of tenders or photo static copies of facsimiles

which are lodged in the prescribed manner and in which the relevant forms and certificates are

signed in black ink, after being copied, will be accepted as valid tenders.

A tender shall be considered incomplete if all of the abovementioned documentation is not submitted

together with the tender, in which case such tender shall be liable for rejection.

2.19 TENDERS PER TELEFAX/FACSIMILE MACHINE

Tenderers are to note that telefax/facsimile machine transmitted tenders shall not be considered.

2.20 VALIDITY OF TENDERS

Tenderers are to take note that the tender shall not be retracted or withdrawn within a period of 90

days calculated from the closing date of the tender and shall remain valid and binding for the full

period.

Should there be any discrepancy in the tender validity period as stipulated in this clause and the

tender validity period as stipulated elsewhere in the documentation, the tender validity period as

stipulated in this clause shall take precedence.

131

ANNEXURE A – FUNCTIONALITY SCORING SHEET

Evaluation Criteria

Quality criteria Sub-criteria Weighting of Quality Criteria

Approach paper which

responds to the proposed

Scope of Work and outlines

proposed approach /

methodology and work plan

complete with time frames

Construction

Programme 10

Method

Statement /

Technical

Approach and

Methodology

10

Experience of the key staff

(assigned personnel) in

relation to the scope of work

Experience for

the assignment 27.2 20

Company experience with

respect to specific aspects of

the project / comparable

projects

Adequacy for the

assignment 30

Satisfactory

references of

completed

comparable

projects

10

Financialcapability of Tender Financial rating 10

Possible score for quality (Ms) 100

General Scoring Methodolgy

(Score 0) Failed to address the question / issue.

Poor

(score 40)

Tenderer does not own any of the required plant and equipment, and

cannot assure use of hired plant and equipment during the contract period.

What method will be used to confirm that he/she indeed has the

equipment?

Satisfactory

(score 70)

Tenderer owns some of the required plant and equipment and can

guarantee use of required plant and equipment for duration of the contract

period, and can assure use of hired plant and equipment during the

contract period.

Good

(score 90)

Tenderer owns all required plant and equipment or can guarantee use of

all required plant and equipment for duration of the contract period. What

method will be used to confirm that he/she indeed has the equipment?

Very good

(score 100)

Tenderer owns more advanced and efficient plant and equipment or can

guarantee use of such advanced plant and equipment for duration of the

contract period.

132

Sub- Criteria 1: Approach Paper /Method Statement

METHOD STATEMENT/ TECHNICAL APPROACH AND METHODOLOGY

Technical approach


Poor (score 40)

The technical approach and/or methodology is poor / is unlikely to satisfy project objectives or requirements. The Tenderer has misunderstood certain aspects of the scope of work and does not deal with the critical aspects of the project. The approach is generic and not tailored to address the specific project objectives and requirements. The approach does not adequately deal with the critical characteristics of the project. The quality plan is too generic

Satisfactory (score 70)

The approach is specifically tailored to address the specific project objectives and requirements and is sufficiently flexible to accommodate changes that may occur during execution. The quality plan is specifically tailored to the critical characteristics of the project.

Good (score 90)

The approach is innovative and meets the required project objectives. Specific requirements for the project are outlined indicative understanding of the project specific requirements.

Very good (score 100)

Besides meeting the “good” rating, the important issues are approached in an innovative and efficient way, indicating that the Tenderer has outstanding knowledge of state-of-the- art approaches. The approach paper details ways to improve the project outcomes and the quality of the outputs.

133

Sub-Criteria 2: CONTRACT EXECUTION AND QUALITY

Preliminary Construction Programme


Poor

(score 40)

The activity schedule omits important tasks or the timing of the activities

and correlation among them are inconsistent with project deliverables.

There is lack of clarity and logic in the sequencing.

Satisfactory

(score 70)

All key activities are included in the activity schedule, but are not detailed.

There are minor inconsistencies between timing and project deliverables.

Good

(score 90)

The work plan fits the project deliverables well; all important activities are

indicated in the activity schedule and their timing and sequencing is

appropriate and consistent with project objectives and requirements. There

is a fair degree of detail that facilitates understanding of the proposed work

plan.

Very good

(score 100)

The work plan fits the project deliverables well; all important activities are

indicated in the activity schedule and the sequencing and timing of

activities are very well defined, indicating that the Tenderer has optimized

the use of resources. The work plan permits flexibility to accommodate

contingencies.

Sub-Criteria 3: Key Personnel: Qualification

Staff Member Weight Poor

(score 40)

Satisfactory

(score 70)

Good

(score 90)

Very Good

(score 100)

Contract Manager 6

Qualification

Given but

below

Diploma or

Managerial

Certificate

Qualification

given equal to

Diploma or

Managerial

Certificate

Qualification

exceeds

Diploma

(Degree)

Over and

above the

good score,

tenderer is

registered to

a relevant

professional

body

Site Agent 5

Qualification

given but

below

Diploma

(Civil)

Qualification

given equal to

Diploma

(Civil)

Qualification

exceeds

Diploma

(Civil)

(Degree)

Over and

above the

good score,

tenderer is

registered to

a relevant

professional

body

134

Safety Officer 4 Other

Qualification

Accredited

Safety

Certificate

More than

one

Accredited

qualification

(Safety)

Over and

above the

good score,

tenderer is

registered to

a relevant

professional

body

Sub-Criteria 4: Key Personnel: Experience

Staff Member Weight Poor

(score 40)

Satisfactory

(score 70)

Good

(score 90)

Very Good

(score 100)

Contract

Manager 6

3 Years

(All Projects)

5 Years

(All Projects)

7 Years

(All Projects)

10 Years

(All Projects)

Site Agent 5

2 Projects

(Construction

of Multi-

purpose

Buildings)

5 Projects

(Construction

of Multi-

purpose

Buildings)

8 Projects

(Construction

of Multi-

purpose

Buildings)

10 Projects

(Construction

of Multi-

purpose

Buildings)

Safety Officer 4 3 Years

(All Projects)

5 Years

(All Projects)

7 Years

(All Projects)

10 Years

(All Projects)

Sub-Criteria 5: Experience of the service prrovder in comparable projects

TENDERER’S EXPERIENCE

Experience Firm


Poor (score 40)

Has completed less than 3 similar projects


Completed between 3 to 5 similar projects or using subcontract expertise

Good (score 90)

Completed between 6 and 10 similar projects using in house expertise


More than 10 years’ experience on similar projects, using in house expertise

Sub-Criteria 6: Financial Rating

FINANCIAL RATING

Bank Rating

(Score 0) Non-submission

Poor (score 40)

D or Less

135

Bank Rating


C Rating

Good (score 90)

B Rating


A Rating