Department of education: sanitation programme for schools: harry gwala district: emvubukazi junior secondary school

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

Provincial administration of kwazulu-natal

Department of public works

Bills of quantities

with GCC for Construction Works - Second Edition 2010

Contractual section

One volume approach

Department of education, water & sanitation programme for

Schools - harry gwala district - emvubukazi junior secondary

School. Completion contract

Project Manager Quantity Surveyor

Aecom aecom

P.O. Box 13320, Cascades P.O. Box 13320, Cascades

Pietermaritzburg pietermaritzburg

3202 3202

031 204 3800 - Tel Number 031 204 3800 - Tel Number

N/A - Fax Number N/A - Fax Number

[email protected] [email protected]

Employer: Region:

Head: Public Works Regional Manager

KZN Department of Public Works KZN Department of Public Works

Private Bag X 9041 X9041

Pietermaritzburg pietermaritzburg

3200 3200

Tel Number: 033 - 8971300 Tel Number: 033-897 1421/1422

Fax Number: 033 - 8971399 Fax Number: 033-897 1399

Tender Number: ZNTM 01265W Project Code: 080894

CIDB Grading: 3GB or Higher Document Date: 03 September 2026

ECDP Number: Contract Period: 6 Calendar Months

Contracting Party: __________________________________________________________________________

CIDB Registration number: ______________________________________

Central Suppliers Database Registration Number: ______________________________________

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

Department of education, water & sanitation programme for schools - harry gwala district -

Emvubukazi junior secondary school. Completion contract

The tender

1. PART T1: TENDER PROCEDURES Page No.

T1.1 Tender Notice and Invitation to Tender 13

T1.2 PA-04.1: Summary for Tender Opening 14

T1.2 Tender Data 16 - 19

T1.3 Annexure C - Standard Conditions of Tender 21 - 29

2. Part t2: returnable documents

T2.1 List of Returnable Documents 31

T2.2 Authority to Sign Tender (T2.2) 32

T2.3 Authority for Consortia or Joint Venture’s to Sign Tender (T2.3) 33 - 34

T2.4 Special Resolution of Consortia or Joint Venture’s (T2.4) 35 - 37

T2.5 Joint Venture Involvement Declaration (T2.5) 38 - 39

T2.6 Schedule of Proposed Sub-Contractors (T2.6) 40

T2.7 Capacity of Tenderer (T2.7) 41 - 46

T2.8 Financial Standing and other resources of Business Declaration 47

T2.9 Preference Points Claim Form (T2.9) 48 - 50

T2.10 Site Inspection Certificate as proof for attendance of compulsory briefing meeting (T2.10) 51

T2.11 Bidder's Disclosure - SBD 4 (T2.11) 52 - 54

T2.12 Record of Addenda to Tender Documents (T2.12) 55

T2.13 Particulars of Electrical Contractor (T2.13) 56

T2.14 Schedule of Imported Materials and Equipment (T2.14) 57

T2.15a Annual Financial Statement for past financial year (2.15) 58

T2.16 Equipment Schedules (T2.16) 59 - 63

T2.17 Contractor's Safety, Health and Environmental Declaration (T2.17) 64

T2.18 Compulsory Enterprise Questionaire (T2.18) 65

T2.19 Tax Compliance Status (TCS) PIN to verify on line Compliance Supplier Status via e-Filing (T2.19) 66

T2.20 Proof of Good Standing With the Compensation Commissioner (T2.20) 67

T2.21 Form of Offer and Acceptance (Bound into Section ) (T2.21) 68 - 70

T2.21a Confirm Receipt of Offer and Acceptance (T2.21a) 71

T2.22 Final Bill of Quantity (T2.22) 73

T2.23 Certified Proof of Paid Municipal Rates and Taxes (T2.23) (Not Applicable) 74

T2.24 Proof of Unemployment Insurance Fund (2.24) 75

T2.25 The National Industrial Participation Programme (T2.25) 76 - 77

T2.26 Proof of Registration on the Central Supplier Database (CSD) (T2.26) 78

T2.27 Certified Proof of CIDB Registration Number (T2.27) 79

T2.28 Proof of Deposit (T.28) 80

T2.29 Contract Form - Purchase of Goods/Works - Part 1 (T2.29) 81

T2.30 Contract Form - Purchase of Goods/Works - Part 2 (T2.30) 82

T2.31 OHSE Plan Structure (T2.31) 83

T2.32 Client's specific requirements for the Contractor's detailed OHSE Plan (T2.32) 84

T2.33 Baseline Risk Assessment (T2.33) 85

T2,34 Functionality 86

T2.35 Invitation to Tender - SBD 1 (T2.34) 87 - 88

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

The contract

3. Part c1: agreement and contract data

C1.1 Form of Offer and Acceptance 8

C1.2 Contract Data 10-16

C1.3 Form of Guarantee (C1.3) 18-20

4. Part c2: pricing data

C2.1 Pricing Instructions 22-25

C2.2 Preliminaries for GCC for Construction works - 2nd Edition 2010 27-48

C2.3 Bills of Quantities 50 - 123

C2.4 Final Summary 124

5. Part c3: scope of works

C3.1 Scope of Works 126 - 133

C3.2 Specification for HIV/AIDS awareness 134 - 136

C3.3 HIV/STI Compliance report 137 - 138

6. Part c4: site information

C4.1 Site Information 140

7. Drawings

C5.1 List of Drawings 142 - 143

8. Annexures

Annexure 1 Model Preambles for Trades 2008 1 to 49

Annexure 2 General Electrical Specifications E/1 to E/20

Annexure 3 Lightning Protection Specifications LP/1 to LP/6

Annexure 4 Map of Tender submission location 1

Annexure 5 Geotechnical Investigation Report (If applicable) N/A

Annexure 6 Joint Venture Agreement 1-7

Annexure 7 Health and Safety Specification and Bill of Quantities 1-58

Annexure 8 Builders Lien Agreement 1

Annexure 9 Scope of Works in respect of work relating to the EPWP 1-5

Annexure 10 Additional Specification - EPWP NYS 1-12

Annexure 11 EPWP Bill of Quantities 1-2

Annexure 12 EPWP Employment Agreement 1-9

Annexure 13 Attendance Register for on-site workers 1

Annexure 14 EPWP Data Colletion tool for Phase 3 system 1-5

Annexure 15 Proforma Organogram 1

Annexure 16 Reference letter for previous projects 1

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

Important notice to tenderers

Any reference to words Tender or Tenderder herein and/or in any other documentation shall be construed to have the same meaning as the words Tender or Tenderer.

These forms are for internal and external use for the KZN Department of Public Works, Provincial Administration of KwaZulu-Natal.

"Quality" shall mean totality of features and characteristics of a product or service that bears on the ability of the product or service to satisfy stated or implied needs.

No alternativeTenders will be accepted.

The Total (Including Value Added Tax) on the Final Summary of the Bill of Quantities must be carried to the "Offer" part only of the Form of Offer and

Acceptance - T2.21

"Enterprise" shall mean the legal Tendering Entity or Tenderer who, on acceptance of the Offer, would become the contractor"

The Department will conduct a detailed risk assessment prior to the award of tender.

In order to keep with equitable distribution of opportunities, bidders who have been awarded one (1) award in the Southern Region: Sanitation Programme

• Phase 3 (implemented in the current Financial Year 2022-23) will not be considered for further awards on the same programme (Southern Region:

Sanitation Programme - Phase 3). This will only be waivered if the bidder is the only responsive bidder, and the accumulative awarded amount is still

within their CIDB grading threshold, unless the contractor can demonstrate capacity to execute more projects.

1, The Department reserves the right not to award to the lowest bidder

2, In addition, the Department may conduct a detailed risk assesment prior to award of the bid

3. The document can be downloaded from the E-Tender portal. (attps://www.etender.gov.za) at no cost
4. The bid document can be downloaded from the e-Tender Portal at no cost. However, should any bidder require a printed/hard copy of the bid document, a nonrefundable payment must be made before the collection of the bid document, as per the banking details indicated below. Proof of payment must be produced upon

collection of the bid document.

5. Bidders who attend without a FULL bid document (Hard Copy) will not be allowed to the briefing.
6. Site Inspection meeting certificate will not be issued at the Tender Briefing meeting. The Site Inspection certificate must be signed and stamped by the Department

representative as proof of attendance, and should it not be signed your tender document will be disqualified.

7. No late arrivals will be admitted to the tender brifing meeeting
8. Late submissions will not be accepted
9. Faxed or emailed bids are not accepted
10. Only Bidders registered within the applicable CIDB grading on the Central Suppliers Database will be eligible to submit bids.
11. The Preference points system applicable for this bid is 80/20, where 20 points of specific goals will be allocated as follows:

· Ownership by People who are Youth 5 points

· Ownership by People who are Women 10 points

· Promotion of enterprises located in a Harry Gwala District Municipal area for work to be done or services to be rendered 5 points

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

Department of education, water & sanitation programme for schools - harry

Gwala district - emvubukazi junior secondary school. Completion contract

The contract

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

Department of education, water & sanitation programme for schools - harry

Gwala district - emvubukazi junior secondary school. Completion contract

C1 - agreement and contract data

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

Department of education, water & sanitation programme for schools -

Harry gwala district - emvubukazi junior secondary school. Completion

Contract

Form of offer and acceptance

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

Form of offer and acceptance

Tender No - ZNTM 01265W

Department of education, water & sanitation programme for schools - harry

Gwala district - emvubukazi junior secondary school. Completion contract

C.1.1 - Form of offer and acceptance

THE OFFER AND ACCEPTANCE FORM IS BOUND INTO SECTION 1 (See end of

Returnable Documents) OF THIS DOCUMENT AS PART OF THE RETURNABLE

Documents. Once a contract is concluded with a successful

Tenderer, this page will be replaced with the filled and signed

Offer and sign acceptance by the employer and IT will become part

Of the contract.

Please submit the offer and acceptance form with the other

Returnable documents.

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

Department of education, water & sanitation programme for schools - harry

Gwala district - emvubukazi junior secondary school. Completion contract

C1.2 - Contract data

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

C 1.2 Contract data:

with GCC for Construction Works - Second Edition 2010

Contract data for:

Department of education, water & sanitation programme for schools - harry gwala district - emvubukazi junior secondary

School. Completion contract

Tender no: ZNTM 01265W

The General Conditions of Contract are the clauses contained in the General Conditions of Contract (2010) (Second Edition) published by the South African Institution of

Civil Engineering. Copies of these conditions of contract may be obtained through most regional offices of the South African Institution of Civil Engineering, telephone

number 011 805 5947 or by visiting their website at www.saice.org.za.

Contract specific data

The following contract specific data are applicable to this contract:

Contract variables

This schedule contains all variables specific to this document and is divided into pre-tender and post-tender categories. The pre-tender category must be completed in

full and included in the tender documents. Both the pre-tender and post-tender categories form part of this agreement.

Spaces requiring information must be filled in, shown as ‘not applicable’ or deleted but not left blank. Where choices are offered, the non-applicable items are to be

deleted. Where insufficient space is provided the information should be annexed hereto and cross referenced to the applicable clause of the schedule. Key cross

reference clauses are italicised in [ ] brackets.

The Engineer/Principal Agent, in accordance with Clause 1.1.1.16, shall obtain the specific approval from the Employer before executing any of his functions

according to the "Conditions under which Consultants are appointed", or in the event where an employee of the Employer represents the Employer, the

relevant General Delegations applicable at the time of executing his/her duties as described in Clause 3.1.2.

Part 1: CONTRACT DATA PROVIDED BY THE EMPLOYER:

Pre-tender information

Contracting and other parties

[1.1.1.15] Employer:

Head: Public Works (KZN Department of Public Works: Province of KwaZulu-Natal)

Postal address:

Private Bag X 9041

Pietermaritzburg

3200

Tel: 033 - 8971399 Fax: 033 - 8971300

[1.2.1.2] Physical address:

10 Prince Alfred Street

Pietermaritzburg

3200

[1.1.1.16] Employers Agent 1

Aecom

Agent’s service:

Architect

Postal address:

P.O. Box 13320, Cascades

Pietermaritzburg

3202

Tel: 031 204 3800 Fax: N/A

Employers Agent 2

Aecom

Agent’s service:

Quantity Surveyor

Postal address:

P.O. Box 13320, Cascades

Pietermaritzburg

3202

Tel: 031 204 3800 Fax: N/A

Employers Agent 3

Aecom

Agent’s service:

Structural Engineer

Postal address:

P.O. Box 13320, Cascades

Pietermaritzburg

3202

Tel: 031 204 3800 Fax: N/A

Employers Agent 4

Aecom

Agent’s service:

Civil Engineer

Postal address:

P.O. Box 13320, Cascades

Pietermaritzburg

3202

Tel: 031 204 3800 Fax: N/A

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

Tender no: ZNTM 01265W

Employers Agent 5

Aecom

Agent’s service:

Electrical Engineer

Postal address:

P.O. Box 13320, Cascades

Pietermaritzburg

3202

Tel: 031 204 3800 Fax: N/A

Part 1: data provided by the employer

[1.1.1.13] Defects Liability Period

The defects liability period is: A time measured from the date of the Certificate of Completion.

Defects Liability Period is 12 Months for the whole of the Works

Latent Defect Period

[5.16.3] The latent defect period is: 5 years after the Final Approval Certificate

Documentation required before Commencement of the Works:

[5.3.1] The documentation required before commencement with the Works execution are;

[4.3] Health and Safety Plan The Contractor shall deliver his Health and Safety Plan of the Works within 14 calendar days after notice from the Employer, prior to

the Commencement Date.

[5.6] Initial Programme The Contractor shall deliver his programme of work within 10 calendar days after notice from the Employer, prior to the

Commencement Date.

[6.2] Guarantee The Contractor shall deliver his chosen Guarantee (security) for this Works within 14 calendar days after notice from the Employer,

prior to the Commencement Date.

[8.6] Insurance The Contractor shall deliver his insurance for the Works within 14 calendar days after notice from the Employer, prior to the

Commencement Date.

Cash flow by contractor The Contractor shall deliver his Cash flow for the Works within 14 calendar days after notice from the Employer, prior to the

Commencement Date.

Priced Bill of Quantity The Contractor shall deliver his Priced Bill of Quantity within 14 calendar days after notice from the Employer, prior to the

Commencement Date.

Programme The Contractor is required to submit his Programme of Works in terms of Clause 5.6.1 and 5.3.1 and the Principal Agent is

required to approve this within 7 days in terms of Clause 5.6.3

Other requirements

[5.3.2] The time to submit the documentation required before commencement with Works execution is: 14 calendar days

Non-Working days

[5.8.1] Non-Working days Sundays

Special non- working days All Nationally Recognized Public Holidays and the year end break

[5.8.1] First Year end break - commences 18-Dec-26

ends on 08-Jan-27

Second Year end break - commences 17-Dec-27

ends on 07-Jan-28

Third Year end break - commences 17-Dec-28

ends on 08-Jan-29

Fourth Year end break - commences 17-Dec-29

ends on 08-Jan-30

Engineer/Principal Agent to consult with Employer

[3.1.3] The Engineer shall obtain the specific approval from the Employer before executing any of his functions according to the "Conditions under which Consultants are

appointed", or in the event where an employee of the Employer represents the Employer, the relevant General Delegations applicable at the time of executing his/her

duties.

Security

[6.2.1] The time to deliver the deed of guarantee is Prior to site hand over in terms of clause 5.3.1 and 5.3.2.

[6.2.1] Please see CONTRACT DATA - below to select Guarantee Option

Commencement Date

Commencement date means the date of Site Hand over that should not occur prior to the tenderer receiving one fully signed copy of the Offer and Acceptance in terms

of the Form of Offer and Acceptance.

The 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)

The agreement (“this document”) consists of;

1. Agreement and Conditions of Contract.
2. Form of Offer and Acceptance.
3. Contract Data.
4. Scope of Works.
5. Site Information.
6. Drawings & documents referred to in the 1 to 4 above.

(See Form of Offer and Acceptance)

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

[5.3.1] The contractor shall commence executing the Works within 7 calendar days from the Commencement Date.

[5.4.1] Possession of the site will be given within 10 calendar days after the contractor has fulfilled the conditions (4.3, 5.6, 6.2, 8.6) and received the notification from the

Employer of Site Hand Over where the contractor will receive one fully signed copy of the Form of Offer and Acceptance from the employer.

[5.6.1] The Contractor shall deliver his programme of work within 10 calendar days after notice from the Employer, prior to the Commencement Date.

Contract details

[1.1.1.33] Works description: Refer to document C3 – Scope of Work.

[1.1.1.30] Site description: Refer to document C4 – Site Information.

Specific options that are applicable to a State organ only

Where so :

1. Interest rate legislation:

[6.10.6.2] (a) in respect of interest owed by the employer, the interest rate as determined by the Minister of Justice and Constitutional Development from time to time, in

terms of section 1(2) of the Prescribed Rate of Interest Act, 1975 (Act No. ), will apply; and

(b) in respect of interest owed to the employer, the interest rate as determined by the Minister of Finance, from time to time, in terms of section 80(1)(b) of the

Public Finance Management Act, 1999 (Act No. ), will apply

2. Lateral support insurance to be effected by the contractor: Yes X No

3. Payment will be made for materials and goods Yes X No

4. Dispute resolution by litigation Yes No X

5. Extended defects liability period applicable to the following elements: Electrical, Mechanical and Civil work

[8.6.1.1.2] The Value of material, supplied by the Employer, and not included in the Contract Price, is: R0,00

[8.6.1.1.3] The amount to cover Professional Fees, not included in the Contract Price, for repairing damage and loss to be included in the insurance:

30% of the Contract Price

[8.6.1.3] The limit for indemnity for liable insurance is: Unlimited

[6.5.1.2.3] The percentage allowance to cover overhead charges for contractor and subcontractors, is: 33,30%

[1.1.1.14] Practical Completion Date

The Practical Completion date is: A time measured from the Commencement date.

For the works as a whole:

The whole of the works shall be completed within: 6 Months (which shall be deemed to include all Non – Working Days, Special Non – Working Days and the

year-end Builders Annual Industry Holiday Periods).

[5.5.1] The date for practical completion shall be 6 Calender months

[5.13.1] The penalty per calendar day shall be : 0.04% of the Contract Price, rounded to the nearest R10

For the works in sections:

The date for practical completion from the commencement date and the penalty per calendar day:

Portion 1:

[5.5.1] N/a

[5.13.1] 0.04% of the Contract Price, rounded to the nearest R10

Portion 2:

[5.5.1] N/a

[5.13.1] 0.04% of the Contract Price, rounded to the nearest R10

Portion 3:

[5.5.1] N/a

[5.13.1] 0.04% of the Contract Price, rounded to the nearest R10

Portion 4:

[5.5.1] N/a

[5.13.1] 0.04% of the Contract Price, rounded to the nearest R10

Portion 5:

[5.5.1] N/a

[5.13.1] 0.04% of the Contract Price, rounded to the nearest R10

Portion 6:

[5.5.1] N/a

[5.13.1] 0.04% of the Contract Price, rounded to the nearest R10

[1.3.2] The law applicable to this agreement shall be that of the: Republic of South Africa

[6.10.1.5] The percentage advance on materials not yet built into the Permanent Works is: 80,00%

[6.10.3] Percentage retention on amounts due to contractor is: The Percentage retention is nil. The only security required by the Employer will be such as selected

by the Contractor on the Form of Offer and Acceptance and Part 2: CONTRACT DATA PROVIDED BY

THE CONTRACTOR, point 2 - Documents, of the Contract Data.

Maximum retention is: 0,00% of the Contract Price

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

Notwithstanding anything to the contrary contained in the General conditions of Contract and Preliminaries, this contract could only, when the construction period

[6.8.1] exceeds 6 months and the contract exceeds R1,000,000.00, be subject to a Contract Price Adjustment Factor.

[6.8.2] Clause 6.8.2 the last part of the sentence saying "calculated according to the formula and the conditions set out in the Contract Price Adjustment Schedule." must be

[6.8.3] replaced by "calculated according to the Contract Price Adjustment Provisions (CPAP) Indices Application Manual for use with P0151 indices (Revised 1 January

2013)" as published by Statistics South Africa. The Contract Price Adjustment Provision (CPAP) will be subject to the most recently released indices by Statistic South

Africa. Tenderers are advised that with reference to Clause 3.4.6 of the Contract Price Adjustment Provisions (CPAP) Indices Applications Manual, the Head: Public

Works will not accept the submission by Tenderers of lists of additional items."

[6.8.2] Where this contract is a Lump Sum contract, the contract will only be subject to Contract Price Adjustment Provisions (CPAP)(Revised 1 January 2013) where the

[6.8.3] contract period equals or exceeds 6 calendar months. The applicable work group shall be WG 180 for domestic buildings or WG 181 for commercial and industrial

buildings only.

[5.14.5] The following clause must be added to clause 5.14.5:

[5.14.5.6] The employers agent shall submit the final account within 3 calendar months to the principal agent.

The determinations of disputes shall be by ARBITRATION ONLY.

[10.5]

[10.5.3] The number of Adjudication Board Members to be appointed is: One

Replace the last part of the clause with the following: "..on the application of either party, by the Chairman, or his nominee of the Association of Arbitrators."

[10.9.1]

Where CPAP is applicable, the contract sum will be adjusted in accordance with the Contract Price Adjustment Provisions (CPAP) as set out in the CPAP Indices

Application Manual as published by Statistics South Africa, dated 1 January 2013 and any amendments thereto:

1. Glass etc. measured in specialist section Metalwork, will be adjusted in terms of the index for that work group unless specifically stated

otherwise in the bills of quantities.

2. In case of uninterruptible power supplies, elevators, escalators and hoists, generating sets, motor-alternator sets and intercommunication

systems shall be adjusted in accordance with Work Group 170.

3. Further to clause 3.4.6 of the CPAP Indices Application Manual, the listing of additional items for exclusion by Tenderer's, will not be permitted.

Alternative Indices: Not Applicable

Details of changes made to the General Conditions of Contract for construction works (2010) Second Edition

Clause

[1.1] [1.1.1.5] COMMENCEMENT DATE – means the actual date of Site Hand over that should not occur prior to the Tenderer receiving one fully signed copy of the

Offer and Acceptance in terms of the Form of Offer and Acceptance.

[5.12.2.2] ABNORMAL CLIMATIC CONDITIONS - means conditions over and above what could reasonably be expected for the specific locality where the Works are

being executed and include inter alia exessive rain, heat, cold, wind and any other climatic condition that would not normally be experienced during the

season that the Works are executed in that area. The South African Weather Service's (http://www.weathersa.co.za) 10 year average climatic conditions

statistics would be what could be reasonably expected for the specific locality where the Works are executed.

[6.2.1] CONSTRUCTION GUARANTEE – means an on demand guarantee at call obtained by the contractor from an institution approved by the employer in

terms of the employer's construction guarantee form as selected in the Offer and Acceptance Form and the contract data.

CONSTRUCTION PERIOD – means the period commencing on the commencement date and ending on the date of due completion date. This period

will be deemed to commence on actual site hand over date to the contractor and end on the date of practical completion and shall include all annual

industrial holiday periods, Sundays and public holidays.

CORRUPT PRACTICE – means the offer, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement

process or in contract execution.

FINAL ACCOUNT - The document prepared by the principal agent, which reflects the contract value of the works at final approval or termination.

FRAUDULENT PRACTICE – means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment

of any tenderer and includes collusive practise among tenderers (prior to or after the tender submission) designed to establish tender prices at artificial non-

competitive levels and to deprive the tenderer of the benefits of free and open competition.

INTEREST – the interest rates applicable on this contract, whether specifically indicated in the relevant clauses or not, will be in terms of the legislation of the

Republic of South Africa, and in particular:

(a) in respect of interest owed by the employer, the interest rate as determined by the Minister of Justice and Constitutional Development from time to time, in

terms of section 1(2) of the Prescribed Rate of Interest Act, 1975 (Act No. ), will apply; and

(b) in respect of interest owed to the employer, the interest rate as determined by the Minister of Finance, from time to time, in terms of section 80(1)(b) of the

Public Finance Management Act, 1999 (Act No. ), will apply

[1.1.1.16] ENGINEER/PRINCIPAL AGENT – means the person or entity appointed by the Employer and named in the Contract Data as the Engineer /Principal

Agent to act as agent of the Employer. In the event of an Engineer/Principal Agent not being appointed, then all the duties and obligations of an

Engineer/Principal Agent as detailed in the Contract shall be fulfilled by a representative of the Employer as named in the Contract Data. (Hereafter

referred to as Engineer)

[1.1.1.21] GENERAL ITEMS - or preliminaries means items stipulated in the Pricing Data relating to general obligations, site services, facilities and/or items that

cover elements of the cost of the work which are not considered as proportional to the quantities of the Permanent Works.

[4.4.1] Add the following to the clause 4.4.1: "The Contract shall only use subcontractors who are duly registered with the CIDB and who has an ACTIVE status at

the time of submitting the tender"

[6.2.1] Refer to Offer and Acceptance form for the various options that the contractor may choose from in providing a form of Guarantee under "GUARATEE

Options".

[6.10.6.2] Replace "at the prime overdraft rate, as charged by the Contractor's Bank," with "..at the interest rate as determined by the Minister of Justice and

Constitutional Development from time to time, in terms of section 1(2) of the Prescribed Rate of Interest Act, 1975 (Act No. ). "

Omit ",on all overdue payments from the date on which the same should have been paid..." and replace with " only after 30 calendar days from receiving

written notice from the Contractor that the amount is overdue,.."

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

Special conditions of contract

[5.12.3] Omit clause 5.12.3 and add the following:

"5.12.3. If an extension of time is granted, the Contractor shall be paid such additional time-related General Items, including for special non-working days, if

applicable as are appropriate regarding to any other compensation which may already have been granted in respect of the circumstances concerned.The

reasons for extension of time that would invoke payment of time related General Items are inter alia;

5.12.3.1 Failure to give possession of the site to the contractor.

5.12.3.2 Making good physical loss and repairing damage to the works where the contractor is not at risk.

5.12.3.3 Contract instructions not occasioned by default by the contractor.

5.12.3.4 Failure to issue construction information timeously or the late issue of a contract instruction following a request from the contractor.

5.12.3.5 Late acceptance by the principal agent of a design undertaken by a selected subcontractor where the contractor’s obligations have been met.

5.12.3.6 Suspension or cancellation termination invoked by a nominated or selected n/s subcontractor due to default by the employer or the principal agent.

5.12.3.7 Insolvency of a nominated subcontractor.

5.12.3.8 A direct contractor.

5.12.3.9 Opening up and testing of work and materials and goods where such work is according to in accordance with the contract documents.

5.12.3.10 The execution of additional work for which the quantity included in the bills of quantities is not sufficiently accurate.

5.12.3.11 Late or failure to supply materials and goods for which the employer is responsible.

5.12.3.12 Suspension of the works."

[5.14.5.1] Omit entire clause 5.14.5.1

[5.16.4] Add the following new clause "5.16.4. Upon the issue of a Final Approval Certificate, unless otherwise provided in the Contract:

5.16.4.1. The performance Guarantee (if any) shall be returned within 14 days to the guarantor in terms of Clause 7."

[6.2.2] Replace the following "..it shall be deemed that the Contractor has selected a security of ten percent retention of the value of the Works." with "..it shall be

deemed that the Contractor has selected a security of a bank or insurance guarantee of 5% of the value of the Works and a payment reduction of 5% of the

value certified in the payment certificate excluding value added tax."

[6.2.3] Add to clause 6.2.3 the following "The Contractor shall provide proof of paid-up premium payments to accompany his payment certificate as proof that his

performance guarantee has not expired yet. The Contractor will not receive payment without proof of the validity of their performance guarantee.

[9.3.2.2] Omit "without prejudice to the exercise of any lien the Contractor may have acquired over the Employer’s property."

Duties and functions of the Engineer requiring the specific approval of the Employer BEFORE execution of any part of these duties are as follows:

(a) Determinations of contractors claims for extension of time (revision of the contract completion date). All claims for extension of time shall be submitted by

the Engineer, together with the Engineer's recommendations, to the Employer for determination. Omit "Engineer" in clause 42.2 and replace with

(b) Drawings, instructions or communications of any kind requiring variations of the works and involving EXTRA's shall NOT be given effect by the Contractor

UNTIL BOTH the "Official Variation Order" and the "Financial Request for Variation Order and Additional Funds" form, as issued by the Department of

Public Works, have been approved and signed by the Employer.

(c) Insurance policies to be approved by the Employer within 21 days of the date of the Commencement of the Works.

(d) Any notice of disagreement raised by the Contractor or written Dispute Notice given by the Contractor to the Engineer shall be submitted by the

Engineer, together with the Engineer's recommendations, to the Employer for determination.

(e) The issue of the certificate of practical completion, certificate of completion and the final approval certificate shall be signed and submitted by the

Engineer, to the Employer for final approval and signature. The certificates shall not be considered as officially issued until signed by the Employer.

Managing project duration

(a) The Contractor shall co-ordinate his programme with all other contractors whose work may precede or be executed simultaneously to his own. The

Contractor will be called upon to plan and control the project using the Project Evaluation and Review Technique (PERT) or other approved Critical Path

Method (CPM) network analysis of his events and activities and those of the dub-contractors in his employ and must co-ordinate his planning with any other

contractor employed on the project. A fortnightly project control report will be expected from the Contractor in writing, evaluating any gains or delays against

the critical path and he should allow for all costs involved in planning reviewing and updating the programme to the satisfaction of the Principal Agent

against this item.

(b) Activity-and total float shall belong to the Employer.

(c) The Contractor shall deliver his programme of work within 10 calendar days after notice from the Employer, prior to the Commencement Date.

It is a condition of this contact that, the contracter submit to the Engineer/principal agent a detailed CPM Programme which shall be to the approval of the

Engineer/principal agent. In this regard tenderers are advised to consult with the Engineer/Principal Agent as to the format and requirements of the

programme as no claim whatsoever will entertained should the programme fail to meet the requirements of the Engineer/Principal Agent. Failure to submit

the programme within the stipulated time may result in the contractor being held in breach of contract.

The approved programme will form the basis of time management of the project and extension of time will not be guaranteed unless the Contractor has

strictly complied with this provision.

The programme shall make allowance for rain and the number of rain days allowed within the critical path shall be on the provisions of the clause dealing

with inclement weather and claiming for delays in performance in this bill.

Allowance for the above must be made under this item as no claims for failing to comply with this precondition will later be entertained.

Inclement weather and claims for delays in performance

(a) The inclement weather shall be claimed according to the conditions of contract (GCC 2010 Second Edition)

(b) Claims for delays in performance due to inclement weather shall be calculated separately for each calendar month and for the project as a whole. Delays or

gains to the critical path shall be reflected in all revisions of the programme. An extension of time will only be granted where the following conditions are

met:

(i) The criteria to be used for WORK stoppages shall be for safety hazards or poor quality of work.

(ii) The Employer’s site representative or the Employer’s Principal Agent, if the site representative is not available shall be notified when the Contractor stops the work and intends to

claim performance delays. The Employer representative shall inspect the situation together with the Contractor and give an immediate decision.

1. The stoppage claimed must cause a delay in the Completion Date of work. If the critical activities can proceed and a non-critical activity is delayed due to inclement

weather no claims for delay shall be granted.

2. No claims for stoppages less than 2(two) hours per day shall be considered.

3. Claims granted for more than 2 (two) hours, but less than 10 (ten) hour (lunch included) day, shall be added together and expressed as full days.

4. All claims shall be submitted in writing to the Principal Agent within one working day of the actual stoppage.

5. The total delay in performance granted to the Contractor expressed in days shall be added to the contractual Completion Date of each section of the Works. The

contractual penalty clause shall only come into effect after this newly arrived date.

6. Total delays (in hours) will be rounded up or down to the nearest integer for the calculation of Working Days. The total hours (including lunch) per Working Day

shall be 10 unless otherwise indicated on the Contractor’s programme.

7. Where the programmed delays for inclement weather exceed the actual delays incurred the Completion Date(s) will not be adjusted.
8. Where the project includes builder’s holidays the programmed durations for inclement weather shall be adjusted pro-rate to the actual Working Days.

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

Tender no: ZNTM 01265W Part 2: CONTRACT DATA PROVIDED BY THE CONTRACTOR:

Post-tender information

Note: All information for this section requires consultation with the Contractor. The Engineer/Principal Agent shall not pre-select any of the alternatives

available to the Contractor.

1 contract details

[1.1.1.9] Contractor Name:

[1.2.1.2] Postal address:

Tel no Fax no

Tax / VAT Registration No: e-mail address

Physical address:

[1.1.1.10] The accepted contract price inclusive of tax is R :

[Amount in words]

Payment Of Preliminaries (Clause 6.7, 6.8, 6.10 and 6.11)

The preliminaries amounts shall be paid in terms of: *Alternative A Yes

**Alternative B N/A

• Assessed by the Engineer/Principal Agent as an amount prorated to the value of the Work duly executed in the same ratio as the Preliminaries bears to the Contract Price excluding VAT, Preliminary amount,

Contingencies and any CPAP.

** Calculated from the priced Bill of Quantity/Lump Sum document. The Contractor and the Engineer/Principal Agent shall agree on a division of the priced Preliminaries items into: initial establishment charge,

monthly charge and final disestablishment charge.

If the Contractor and the Engineer/Principal Agent can not agree, within 10 Working Days from the Commencement Date, on such a division then the Engineer/Principal

Agent shall make a division of the Preliminaries to be incorporated in the valuations for each monthly payment certificate as follows;

10% of the General Items/Preliminaries amount shall not be varied

15% of the General Items/Preliminaries shall only be varied in proportion of the Contract Price to the Contract Sum

75% of the General Items/Preliminaries shall be varied in proportion to the revised Construction Period compared with the initial Construction Period.

Adjustment of Preliminaries (Clause 6.7, 6.8, 6.10 and 6.11)

Alternative A ForSum(s)the adjustmentand any provisionof Preliminariesfor Cost Priceboth Adjustmentthe ContractProvisions:-Sum and the Contract Value (including tax) shall exclude the amount of Preliminaries, all Contingency

• An amount which shall not be varied.

• An amount varied in proportion to the contract value as compared to the Contract Sum.

• An amount varied in proportion to the Construction Period as compared to the initial Construction Period (excluding revisions to the Construction Period to which the Contractor is not entitled) to adjustment of

the Contract Value in terms of the agreement.

The Contractor shall provide a breakdown of charges (including tax) within 15 working days of the date of acceptance of tender and, where applicable, an apportionment of Preliminaries per section

If the Contractor and the Principal Agent cannot agree, within ten (10) Working Days from the Commencement Date, on such a division then the Principal Agent shall make a division of the Preliminaries to be

incorporated in the valuations for each monthly payment certificate as follows;

10% of the amount shall not be varied

15% varied in proportion of the Contract Value to the Contract Sum

75% varied in proportion to the revised Construction period compared with the initial Construction Period

Sectional Completion : Subdivision of Preliminaries Costs

For the adjustment of preliminaries for sections of the work the value of fixed, value, and time related amounts of the preliminaries for each section is required. The contractor is to provide such information

within fifteen (15) working days of taking possession of the site, failing which the categorised preliminaries amounts shall be prorated to the value of each section.

The above shall apply equally for projects where sectional completion was not contemplated at tender stage but subsequently occurred on an adhoc basis during construction of the works as agreed between

the client and the employer. The original priced categorised amounts for fixed, value, and time related amounts shall be prorated to the value of each section.

When an extension of time has been granted in terms of the GCC and the preliminaries require to be adjusted accordingly, the pertinent sectional (subdivided) categorised preliminaries amounts shall be

utilised, where applicable and not the overall preliminary amounts.

Where sectional completion is required in terms of the agreement, the Contractor shall provide the Principal Agent with the division of the above categorized amounts into sections. Should the Contractor fail to

provide such information within the period stipulated the categorized amounts shall be prorated to the value of each section.

yes / no

Yes

or

Alternative B The Contractor shall within 15 working days of the date of possession of the site provide the Principal Agent with a detailed breakdown

of Preliminaries amounts for the works as a whole, or per section where applicable, including administrative and supervisory staff

charges and for the use of construction equipment in terms of the programme. NO yes / no

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

The contractor is informed that only option 'A' shall apply

2 documents

Contract documents marked and annexed hereto:

Priced Bills of Quantities: Yes X No

Lump Sum document: : Yes N/A No

Guarantee Options:

Not applicable

2.2 Design brief

Not applicable Yes YES or NO

2.3 DRAWINGS Yes YES or NO

See list of drawings/Annexure's attached to this document. Yes YES or NO

2.4 DESIGN PROCEDURES No YES or NO

Not applicable YES or NO

Contract drawings: Yes X No

Other documents:

Waiver of the Contractors lien or right of continuing possession is required. YES

Guarantee options

The Tenderer agrees to provide a bank or insurance guarantee in accordance with clause 6.2.3 of the Conditions of the GCC2010 Contract within the period stated in the

Contract Data. This guarantee shall be for a sum equal to an amount stated in the Contract Data.

Guarantees submitted must be issued by either an insurance company duly registered in terms of the Insurance Act (Long Term Insurance Act No

or Short Term Insurance Act No ) or by a bank duly registered in terms of the Banks Act No , on the pro-forma

referred to above. No alterations or amendments of the wording of the pro-forma will be accepted.

(a) the tenderer accepts that in respect of contracts up to R1 million, a payment reduction of 5% of the contact value will be applicable and will be reduced by the

Employer in terms of the applicable conditions of contract.

(b) in respect of contracts above R1 million, the Tenderer offers to provide security as indicated below: select one option

(i) cash deposit of 10 % of the Contract Price N/A

(ii) Payment reduction of 10% of the value certified in the payment certificate (excluding VAT)

(iii) cash deposit of 5% of the Contract Price and a payment reduction of 5% of the value certified in the payment certificate

(excluding VAT) N/A

(iv) bank or insurance guarantee of 5% of the Contract Price and a payment reduction of 5% of the value certified in the

payment certificate (excluding VAT)

NOTE: Where the Tenderer has not selected one of the guarantee options above, the default option will be as if the Tenderer has selected a security of a bank or

insurance guarantee of 5% of the value of the Works and a payment reduction of 5% of the value certified in the payment certificate excluding value added tax. - See

GCC2010 clause 6.2.2 as amended in Contract Data.

3 signatures of the contracting parties

Thus done and signed at......................................................................on ..............of...................................................................20.....

Name of signatory for and behalf of the Employer who by signature hereof warrants

Capacity

of signatory

as Witness.

Thus done and signed at......................................................................on ..............of...................................................................20.....

Name of signatory for and behalf of the Contractor who by signature hereof warrants

Capacity of signatory as Witness.

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

Department of education, water & sanitation programme for schools - harry

Gwala district - emvubukazi junior secondary school. Completion contract

C1.3 - Form of guarantee

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

C1.3 Performance guarantee -

GCC FOR CONSTRUCTION WORKS (2nd Edition - 2010)

Head: Public Works

KZN Department of Public Works:

Private Bag X 9041

Pietermaritzburg

3200

Sir,

On demand performance guarantee

Tender Number ZNTM 01265W Project Code 080894

For use with the General Conditions of Contract for Construction Works, Second Edition, 2010.

Guarantor details and definitions

"Guarantor" means:

Physical Address:

"Employer" means: The Provincial Administration of KwaZulu-Natal in its Department of Public Works

"Contractor" means:

"Engineer" means:

Department of education, water & sanitation programme

"Works" means: FOR SCHOOLS - HARRY GWALA DISTRICT - EMVUBUKAZI JUNIOR

Secondary school. Completion contract

"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:

Amount in Words:

"Guaranteed Sum" means: The maximum aggregate amount of: 10%

Of Contract Sum

Amount in Words:

"Expiry Date" means: On Practical Completion

KZN Department of Public Works

Effective Date:16 JANUARY 2023

Revision 9

Contract details

Engineer Issues: Interim Payment Certificates, Final Payment Certificates 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 the 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 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 provi

The KZN Department of Public Works: Southern Regional Office: INVITATION OF BID ZNTM01265 W Department of Education: Sanitation Harry 6 Months 3 GB or R 330.00 Open 3 September 2026 at 11H00

{"closingDate":"3 September 2026","closingTime":"11H00","briefingSession":"{"date":null,"time":null,"venue":null,"is_compulsory":false}"}

{"name":"Mr N. Dube","email":"[email protected]","phone":"072 252 9809","department":"of Public Works: Southern Regional Office: INVITATION OF BID","address":"Department of Public Works, Southern Region Technical Enquiries: Mr N. Dube All Documents are available for"}

Returnable Documents: Bidders must ensure that they comply with the Tenderers Notes of this service that is advertised on the Departmental website. The bid document can be downloaded from e-Tender Portal at no cost. However, should any bidder require a printed/hard copy of the bid document, a non-refundable payment must be made for collection thereof as per the banking details indicated below. Proof of payment must be produced upon collection of the bid document. – Proof of original payment receipt, stamped by the Bank (Hard Copy) must be produced. Bidders who attend without a bid document (Hard copy) will not be allowed to the briefing. should it not be signed your tender document will be disqualified.

The bid document can be downloaded from e-Tender Portal at no cost. 3. The bid document can be downloaded from e-Tender Portal (https://www.etender.gov.za) no cost.

ZNTM01265 W Department of Education: Sanitation Harry 6 Months 3 GB or R 330.00 Open Programme for schools: Harry Gwala District: Gwala higher Compulsory Tender Emvubukazi Junior Secondary School :– meeting: Completion Contract 13 August 2026 at 11H00 am, Emvubukazi Junior Secondary School.

Banking Details: Bank name: ABSA Bank Account No: 41-2194-1044 Account Type: Business Cheque Account Account Holder: KZN PROV GOV-WORKS Branch code: 632005 Reference: 14074037 (Note:- No EFT payments accepted)

10. Only Bidders registered within the applicable CIDB grading on the Central Suppliers Database be eligible to submit bids. Points Allocation: 20 points B-BBEE Details: copy of the bid document, Document Enquires: Ms N. Zulu only. a non-refundable payment must be made for collection thereof as per the Tel: 079 524 0884 banking details indicated below. Proof of payment must be produced upon e-mail: [email protected] collection of the bid document. – Proof of original payment receipt, stamped by the Bank (Hard Copy) must be produced. Note: Bidders must ensure that they comply with the Tenderers Notes of this service that is advertised on the Departmental website. The Preference points system is applicable for this bid are 80/20, where 20 points of specific goals per project will be allocated.

The Preference points system is applicable for this bid 80/20, where 20 Points of specific goals will be allocated as followers: - Ownership by people who are Youth: 5 points - Ownership by people who are Women: 10 points - Promotion of enterprises located in specific municipal area for work to be done or services to be rendered: 5 points.

The Preference points system is applicable for this bid are 80/20, where 20 points of specific goals per project will be allocated. Ownership by people who are Youth: 5 points Ownership by people who are Women: 10 points Promotion of enterprises located in specific municipal area for work to be done or services to be rendered: 5 points.