Supply and delivery of cold mix asphalt and bitumen products – 3 year contract

1.1 The Municipality seeks to appoint a credible supplier on a three year contract to provide the

service of supply, delivery and offloading of cold mix asphalt and bitumen products for roads

maintenance.

1.2 The contract period shall be thirty six (36) months, read together with the other relevant

clauses in the service level agreement.

2. SCOPE OF WORK AND SPECIFICATIONS

2.1 The municipality intend to appoint a credible suppliers to supply and deliver to the

Municipality the following asphalt product

a. Cold Mix Asphalt

b. Tack and prime coat

2.2 COLD MIX SPECIFICATIONS FEATURES: PRODUCT: Nominal 6,7mm Open

Graded Cold Mix Asphalt.

• Stock-able in bulk.

• Long shelf life without affecting workability.

• Be available in bulk loads or 25kg bags.

• Permanent repairs, no re-visits.

• Flexible, can be used in asphalt or concrete surfaces.

• Durable against rain/freezing damage and rutting.

• Equipment and labour saving through ease of application.

• Can be applied in wet condition.

TEST REPORT

Standard Test Methods Description of Property Result

SANS 3001-AS10:2011 Bulk Density of Compacted Asphalt 1929kg/m3

Void Content of Compacted Asphalt 21.8%

SANS 3001-AS11:2011 Maximum Void-less Density 2466kg/m3

Binder Content of an Asphalt Mix 4.5%

9.5mm 0.600mm 100 7

Grading Analysis-Cumulative % 6.7mm 0.300mm 92 6

passing 4.75mm 0.150mm 43 5

2.36mm 0.075mm 15 2.8

1.18mm 10

ANIONIC STABLE GRADE BITUMEN EMULSION – SPECIFICATION

SS 60 stable grade conforms to the SANS 4001-BT3 specification for anionic bitumen road emulsions.

EMULSION PROPERTIES Min Max TEST METHOD

Binder content,% m/m 60 63 ASTM D244

Viscosity @ 50 degree SFs 20 50 ASTM D244

Residue on sieving , g/100 ml - 0.25 SANS 4001-BT4

Fluxing agent content,% m/m of binder 5 ASTM D244

Particle charge Positive SANS 4001-BT4

Binder deposit on cathode after 30 min, g 1.0 SANS 4001-BT4

Sedimentation after 60 rotations NIL SANS 4001-BT4

Measurement of service

3.1 The municipality will generate and issue works order based on accepted unit prices as per

price scheduled incorporated in the form of offer.

3.2 Amount of materials to be delivered per financial year will be determined by the municipality

from time to time based on the available budget and need.

3.3 The municipality will raise works orders as in when required during period of this contract

3.4 The works order will indicate material type, quantity and amount of work to be provided at

that particular point in time.

OBLIGATIONS OF SUPPLIER

4.1 To supply a material from a reputable supplier holding a valid operating license of asphalt

mix plant

4.2 To maintain all qualities presented during bidding process which significantly influenced

decision making in awarding this tender (disclosed manufacture shall not be

changed/substituted without municipality’s written consent)

4.3 Ensure that supplier’s tax matters are in order for duration of the contract

4.4 Supplier must be in good standing central supplier data base for the duration of the contract

DELIVERY ADDRESS

5.1 The delivery to be made at Municipality’s workshops at the following two address:

(i) KV Challenor road (industrial Area) Eshowe and;

(ii) Valley Drive Mthunzini Sub burb

DUTIES OF THE SUPPLIER

The duties of the Supplier are as follows:-

6.1 The supplier agrees to deliver asphalt product in terms of this contract.

6.2 Deliveries must be made during normal working hours on Monday to Friday. The delivery

hours are from 08h00 to 14h00.

6.3 It is the duty of the supplier to off-load and pack material as per instruction from the municipality

DELIVERY CONDITIONS

7.1 Goods/service must be supplied from a reputable manufacturer/supplier with a traceable

references

7.2 The successful bidder will be required to disclose brand name and specifications of the

Goods/service intend to supply prior making delivery

7.3 Successful bidder will be required to obtain written approval from the municipality prior

delivering the intended commodities.

7.4 Municipality reserves a right to reject unacceptable standard of Goods/service

7.5 The complete order is to be delivered to uMlalazi Municipality within five (5) days from

date of order

7.6 Incorrect quantities, quality or other related discrepancies should be corrected and delivered

within two (2) working days

7.7 All costs incurred as a result of incorrect supply should be replaced at the Supplier’s cost.

7.8 Weigh bridge tickets are mandatory where bulk products are measured in mass

7.9 Delivery must be made in 10m3 tipper truck to allow offloading space, bigger/ long trucks

will not be able to reach municipal premises where materials are to be off-loaded.

7.10 Delivery note must be signed at the time of delivery by municipal official from the end

user department in the presence of SCM official where needed.

7.11 The order that is partly delivered to the municipality remain the property of the supplier

until complete order is delivered.

7.12 No part payments will be accepted, failure to complete delivery nullifies the whole

contract.

7.13 Invoice will be only be accepted once complete order has been delivered, and the

municipality accept no ownership, responsibility, security, what so ever for Goods/service

that was delivered to the municipality until the delivery is complete.

OBLIGATIONS / RESPONSIBILITIES AND DUTIES OF THE SUPPLIER

8.1.1 To supply a material from a reputable supplier holding a valid operating license of asphalt

mix plant.

8.1.2 To maintain all qualities presented during bidding process which significantly influenced

decision making in awarding this tender (disclosed manufacture shall not be

changed/substituted without municipality’s written consent).

8.1.3 Ensure that supplier’s tax matters are in order for duration of the contract.

8.1.4 Supplier must be in good standing central supplier data base for the duration of the

contract.

8.1.5 It is the duty of the supplier to off-load and pack material as per instruction from the

municipality.

FORM OF OFFER - TENDER KZN ULM 25/25/26

3.1. Form of offer - Cold Mix Asphalt bags

The Municipal Manager

uMlalazi Municipality

P O Box 37

ESHOWE

3815

Sir,

I/We __________________________________________ do hereby tender for the three year contract

supply and delivery of cold mix asphalt and bitumen products ad hoc as per specifications, scope

of work and contract agreement incorporated in the tender document for an amount of:-

NB: Quantity of each delivery will be subject to municipal request

Item Description Unit of measure Unit price

Cold Mix - 25 kg nominal 6.7 mm open graded asphalts for

pothole patching (Only from a reputable Suppliers)

Year 1 – Price per bag No

Year 2 - Price per bag No

Year 3 - Price per bag No

SUB-TOTAL

VAT (15%) ONLY VAT VENDOR

TOTAL

Amount in words for Total of Cold Mix: ________________________________________________

_________________________________________________________________________________

Signature (of person authorized to sign the tender):

Signature :( of person authorized to sign the tender):.............................................................

Name: (of signatory in capitals):......................................................................................

Capacity: (of Signatory):..............................................................................................

Name of Tenderer: (organisation):.................................................................................

Address: .................................................................................................................

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

Witness Signature: ....................................................................................................

Name: (in capitals):.......................................................................... Date:...................

[Failure of a Tender’s to sign this form will invalidate the tender]

3.2. FORM OF OFFER - Bitumen Product - Cationic spray stable 60%

TENDER KZN ULM 25/25/26

The Municipal Manager

uMlalazi Municipality

P O Box 37

ESHOWE

3815

Sir,

I/We __________________________________________________ do hereby tender for the three year

contract - supply and deliver of cold mix asphalt and bitumen products ad hoc as per specifications,

scope of work and contract agreement incorporated in the tender document for an amount of:-

NB: Quantity of each delivery will be subject to municipal request

Item Description Unit of Unit price

measure

Bitumen Product - Cationic spray stable 60% 200 L drums for Road

and street maintenance

Year 1 – Price per 200L drum No

Year 2 – Price per 200L drum No

Year 3 – Price per 200L drum No

SUB-TOTAL

VAT (15%) ONLY VAT VENDOR

TOTAL

Amount in words for Total of Bitumen:_________________________________________________

_________________________________________________________________________________

Signature (of person authorized to sign the tender):

Signature :( of person authorized to sign the tender):.........................................................

Name: (of signatory in capitals):....................................................................................

Capacity: (of Signatory):..........................................................................................

Name of Tenderer: (organisation):..............................................................................

Address: ...............................................................................................................

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

Witness Signature: ................................................................................................

Name: (in capitals):..........................................................................Date........................

[Failure of a Tender’s to sign this form will invalidate the tender]

FORM OF ACCEPTANCE

Contract No: KZN ULM 25/25/26

By signing this part of the Form of Offer and Acceptance, the Employer identified below accepts the

Tenderers 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 Tender’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.

Signature : ________________________ DATE: ___________________

Name (in capitals) : MR NN SHANDU

Capacity : MUNICIPAL MANAGER

Name of Employer : uMLALAZI MUNICIPALITY

Address : P.O BOX 37

ESHOWE

3815

Witness Signature : ______________________________________________

Name (in capitals) : ______________________________________________

Date : ______________________________________________

FORMS TO BE COMPLETED BY THE TENDERER

COMPULSORY DOCUMENTATION

PROOF OF PURCHASE OF TENDER DOCUMENT

ATTACH RECIEPT TO THIS PAGE

(NB: Applicable to purchased documents only)

SIGNED ON BEHALF OF TENDERER : ...................................................................

CERTIFICATE OF ATTENDANCE OF COMPULSORY BRIEFING SESSION

PROJECT NAME: THREE YEARS CONTRACT - SUPPLY AND DELIVERY OF COLD MIX

ASPHALT AND BITUMEN PRODUCTS AD HOC

(Please print)

It is hereby CERTIFIED that I, ........................................................................ (name)

in my capacity as........................................................................and a duly authorized

representative of.............................................................................. (the TENDERER)

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

in the company of..............................................................................(the Municipality)

attended the official briefing session on ................................................................(date)

for and on behalf of the above-named Tenderer.

I hereby further DECLARE that I am satisfied with the description of the Works and the explanations given

by the above-named Engineer or Municipal official.

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: ..................................

Municipality Date Stamp

TAX CLEARANCE CERTIFICATE REQUIREMENTS

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

arrangements have been made with South African Revenue Services (SARS) to meet the bidder’s tax

obligations.

In order to meet this requirement, bidders are required to complete in full, the attached form TCC

'Application for Tax Clearance Certificate’ and submit it to any SARS branch office

nationally. The Tax Clearance Certificate requirements are also applicable to foreign

bidders/individuals who wish to submit bids.

SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period

of 1 (one) year from the date of approval.

The original Tax Clearance Certificate must be submitted together with bid. Failure to submit

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

copies of the Tax Clearance will not be acceptable.

In bids where Consortia/Joint Ventures/ Sub-Contractors are involved, each party must submit a

separate Tax Clearance Certificate.

Copies of the TCC 001 “Application for a Tax Clearance Certificate” forms are available from

any SARS branch office nationally or on the website www.sars.gov.za

Applications for the Tax Clearance Certificate may also be made via eFiling. In order to use this

provision, taxpayers will need to register with SARS as eFilers through the website

www.sars.gov.za

SIGNED ON BEHALF OF TENDERER: ...................................................................

D COMPANY / CC / PARTNERSHIP / JV / SP REGISTRATION CERTIFICATES & ID

DOCUMENTS OF ALL DIRECTORS

[NOTE: Registration Certificates for Companies, Close Corporations and Partnerships, or JV

Agreements and Powers of Attorney for Joint Ventures, or ID documents for Sole Proprietors must be

attached here. Tenderers must include certified ID copies of all directors, members and partners]

In addition to the above, the tenderer must insert here certified copy of identity documents of all

directors

ATTACH PROOF TO THIS PAGE

SIGNED ON BEHALF OF TENDERER: ..................................................................

E PROOF OF CENTRAL SUPPLIER DATABASE REGISTRATION

NOTE: attach full summary of CSD report

ATTACH PROOF TO THIS PAGE

SIGNED ON BEHALF OF TENDERER: ..................................................................

RATES AND MUNICIPAL SERVICES CLEARANCE CERTIFICATE

In terms of Clause 38 of the Supply Chain Management Policy the uMlalazi Municipality reserves the

right to reject any tender if any municipal rates and tariffs or municipal service charges owed by that

tenderer or any of its directors to the municipality or to any other municipality or municipal entity are in

arrears for more than 3 (three) months.

Tenderers are required to submit proof of payment of municipal rates and tariffs for the municipality in

which the business is situated/ located.

This serves to confirm that my company’s municipal rates and taxes are paid up to date and the

following is attached:

An copy of the most recent municipal statement not older than 3 months, indicating the status of

payment of all municipal accounts and taxes, electricity, water, refuse, rates and levies, from the

Municipality in which jurisdiction it’s business is situated or;

In the case where the tenderer does not own property/is a tenant for the purpose of its business

establishment, the tenderer to provide copy of lease agreement and a recent statement from its

landlord certifying that all the tenants payments in respect of all municipal accounts and taxes

i.e. electricity, water, refuse, rates and levies are paid up to date or;

In a case where the Service Provider cannot supply any of the above. The person would have to

obtain a Rate Clearance Certificate from the Municipality that the person resides in. Service

Provider would need a certified copy of the ID of all Directors and a certified copy of the

company’s CK Tendering, to obtain a certificate ; or

Tenders who are not registered with any municipality for the payment of rates and services due

to their location may submit proof of residence / business address certified by a Municipal

Councillor, but only if the residence is the same address as the business address; and

Attach proof to this page in terms of the above

SIGNED ON BEHALF OF TENDERER: ..................................................................

MBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL

PROCUREMENT REGULATIONS 2022

This preference form must form part of all tenders invited. It contains general information and serves as a claim

form for preference points for specific goals.

NB: BEFORE COMPLETING THIS FORM, TENDERERS MUST STUDY THE GENERAL

CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF THE

TENDER AND PREFERENTIAL PROCUREMENT REGULATIONS, 2022

GENERAL CONDITIONS

1.1 The following preference point systems are applicable to invitations to tender:

the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes

included); and

the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes

included).

1.2 To be completed by the organ of state

(delete whichever is not applicable for this tender).

The applicable preference point system for this tender is the 90/10 preference point system.

The applicable preference point system for this tender is the 80/20 preference point system.

Either the 90/10 or 80/20 preference point system will be applicable in this tender. The lowest/ highest

acceptable tender will be used to determine the accurate system once tenders are received.

1.3 Points for this tender (even in the case of a tender for income-generating contracts) shall be awarded

for:

(a) Price; and

(b) Specific Goals.

1.4 To be completed by the organ of state:

The maximum points for this tender are allocated as follows:

POINTS

PRICE 80

SPECIFIC GOALS 20

Total points for Price and SPECIFIC GOALS 100

1.5 Failure on the part of a tenderer to submit proof or documentation required in terms of this tender to claim

points for specific goals with the tender, will be interpreted to mean that preference points for specific

goals are not claimed.

1.6 The organ of state reserves the right to require of a tenderer, either before a tender is adjudicated or at any

time subsequently, to substantiate any claim in regard to preferences, in any manner required by the organ

of state.

DEFINITIONS

(a) “tender” means a written offer in the form determined by an organ of state in response to an invitation

to provide goods or services through price quotations, competitive tendering process or any other method

envisaged in legislation;

(b) “price” means an amount of money tendered for goods or services, and includes all applicable

taxes less all unconditional discounts;

(c) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid

invitation, and includes all applicable taxes;

(d) “tender for income-generating contracts” means a written offer in the form determined by an organ of

state in response to an invitation for the origination of income-generating contracts through any method

envisaged in legislation that will result in a legal agreement between the organ of state and a third party

that produces revenue for the organ of state, and includes, but is not limited to, leasing and disposal of

assets and concession contracts, excluding direct sales and disposal of assets through public auctions; and

(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. ).

FORMULAE FOR PROCUREMENT OF GOODS AND SERVICES

POINTS AWARDED FOR PRICE

3.1.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

Pt−Pmin Pt−Pmin

Ps= 80(1− ) or Ps= 90(1− )

Pmin Pmin

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmin = Price of lowest acceptable tender

3.1. FORMULAE FOR DISPOSAL OR LEASING OF STATE ASSETS AND INCOME

GENERATING PROCUREMENT

POINTS AWARDED FOR PRICE

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

Pt−Pmax Pt−Pmax

Ps= 80(1+ ) or Ps= 90(1+ )

Pmax Pmax

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmax = Price of highest acceptable tender

POINTS AWARDED FOR SPECIFIC GOALS

4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations, preference

points must be awarded for specific goals stated in the tender. For the purposes of this tender the tenderer

will be allocated points based on the goals stated in table 1 below as may be supported by proof/

documentation stated in the conditions of this tender:

4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states that, if it is

unclear whether the 80/20 or 90/10 preference point system applies, an organ of state must, in the tender

documents, stipulate in the case of—

(a) an invitation for tender for income-generating contracts, that either the 80/20 or 90/10

preference point system will apply and that the highest acceptable tender will be used to

determine the applicable preference point system; or

(b) any other invitation for tender, that either the 80/20 or 90/10 preference point system will apply

and that the lowest acceptable tender will be used to determine the applicable preference point

system,

then the organ of state must indicate the points allocated for specific goals for both the 90/10 and 80/20

preference point system.

The specific goals will be applied in in terms of section 2(1)(a)(i) of the municipal supply chain policy to

advance targeted groups as follows:

People living with disabilities

Local businesses & SMME’s

5.2.1 SUMMARY TABLE FOR CALCULATION OF PRERERENTIAL POINTS FOR SPECIFIC

GOALS

<R50 >R50

Million Million

NO. Categories Weight 80|20 90|10

1 Ownership Goals 50% 10 5

2 Empowerment Goals 20% 4 2

3 Reconstruction & Development Programme Goals 20% 4 2

4 Other Goals (Specify) 10% 2 1

100% 20 10

5.2.2 SPECIFIC GOAL NO.1-OWNERSHIP CATEGORY

# Specific Goal(s) Weight 80|20 PP 90|10 PP Verification

Ownership Categories :

1 EME and QSE

an EME or QSE which is at least 100% 100% 10 5 Sworn Affidavit - QSE/EME General

owned by black people;

an EME or QSE which is at least 51% 60% 6 3 Sworn Affidavit - QSE/EME General

owned by black people;

an EME or QSE which is at 25% - 50% 20% 2 1 Sworn Affidavit - QSE/EME General

owned by black people;

2 Broad Based Black Economic Empowerment :

BBBEE Level 1 100% 10 5 BBBEE Certificate

BBBEE Level 2 60% 6 3 BBBEE Certificate

BBBEE Level 3 & Below 20% 2 1 BBBEE Certificate

3 Ownership %

Women Ownership(*Must be South African)

ownership - 100% : Black ( Youth , Women , 100% 10 5 ID Copies : Directors |Co. Registration |

Disabled People ,Military Veterans) CSD | Shareholders Certificate

ownership - > 51% : Black ( Youth , Women , 80% 8 4 ID Copies : Directors |Co. Registration |

Disabled People ,Military Veterans) CSD | Shareholders Certificate

ownership - 25% - 50% : Black ( Youth , 40% 4 2 ID Copies : Directors |Co. Registration |

Women , Disabled People ,Military Veterans) CSD | Shareholders Certificate

ownership - 100% : White ( Youth , Women , 20% 2 1 ID Copies : Directors |Co. Registration |

Disabled People ,Military Veterans) CSD | Shareholders Certificate

Men Ownership(*Must be South African)

Men ownership - 100% : Black ( Youth , Men , 80% 8 4 ID Copies : Directors |Co. Registration |

Disabled People ,Military Veterans) CSD | Shareholders Certificate

Men ownership - > 51% : Black ( Youth , Men , 40% 4 2 ID Copies : Directors |Co. Registration |

Disabled People ,Military Veterans) CSD | Shareholders Certificate

Men ownership - 25% - 50% : Black ( Youth , 20% 2 1 ID Copies : Directors |Co. Registration |

Men , Disabled People ,Military Veterans) CSD | Shareholders Certificate

4 Youth Development : (Below 35 Years )

Youth ownership - 100% : Black 100% 10 5 ID Copies : Directors |Co. Registration |

CSD | Shareholders Certificate

Youth ownership - > 51% : Black 80% 8 4 ID Copies : Directors |Co. Registration |

CSD | Shareholders Certificate

Youth ownership - 25% - 50% : Black 40% 4 2 ID Copies : Directors |Co. Registration |

CSD | Shareholders Certificate

Youth ownership - 100% : White 20% 2 1 ID Copies : Directors |Co. Registration |

CSD | Shareholders Certificate

5.2.3 SPECIFIC GOAL NO.2 –EMPOWERMENT CATEGORY

# Specific Goal(s) Weight 80|20 90|10 Verification

Sub-Contracting :

1 EME and QSE

an EME or QSE which is at least 100% owned 100% 4 2 Sworn Affidavit - QSE/EME General

by black people;

an EME or QSE which is at least 51% owned 50% 2 1 Sworn Affidavit - QSE/EME General

by black people;

B-BBEE Minimum Level: 1